THE LAW REPORTS OF THE INCORPORATED COUNCIL OF LAW REPORTING. THE COUNTY COUIIT RULES, 19 03. LONDON : PRINTED FOB HIS MAJESTY'S STATIONERY OFFICE By darling & SON, Ltl.., 30-40, Bacon Stiseet, E., 3.nir '^ubUslKb for tbt (!l0unci( of fato ii{c)3ortinn By WILLIAM CLOWES AND SONS, Limited, DUKE STllEET, STAMKUJID S'l 'lEET, P.E., AND GfvEAX "WINDMILL STKEET, W. PUBLISHING Olx-ICE, 7, FLEET STREET, E.G. JAJSUAMY, 1904. The Leading Work on the Subject. this IMPORTANT NOTICE. — The Publishers have pleasure in announcing that they are issuing work in two styles for the greater convenience of the Profession. I. — Ordinary Edition. 2 Vols. On thick paper, as in previous years. 2. — One Volume Edition. The complete work on special thin paper bound in one volume. Published January. Price 25s. ; for Cash, post free,^ 20s 8d. THE YEARLY COUNTY r />■■ Who has _.£l . f\ i 1904 COSTS. Who has broug ES up to date. CJnrnpU IGam irlynnl ICibrary INTRODUCTORY PREFACE TO THE NEW RULES By His Honour JUDGE WOODFALL, A Member of the Rule Committee. Publishers; BUTTERWORTH & CO., law PuWishers, 12, Bell Yard, Temple Bar, W.C. The Yearly County Court Practice is bound in . . IAN 1 9 m THIN One Vol. Edition 0¥ THE lERtLY mm GODtT YELLOW COVERS. Sections coloured Red and White alternately; MESSRS. BUTTERWORTH WOULD MENTION THAT THE ILLUSTRATION IS TO SHOW ONE OP THE SPECIAL ADVANTAGES BELONGING TO THEIE THIN EDITION. BUTTERWORTH & CO., Xaw ipubHsbers, 12,^ BELL YARD, TEMPLE BAR, W.C. KD 7234!6i904"'"™"'"' '""'"^ iinSiji.9£HRf,y, .,P,9Hr?.. CMJes 1903. 3 1924 021 724 384" CO LU _l cc LLl Q Z < CO h- co O O CO cc O -I O > o I- X LU Q Z > The Yearly County Court Practice is bound in YELLOW COVERS. The Year^ County Court Practice 1904. By G. PITT-LEWIS, K.C., Sir C. ARNOLD WHITE, and A. READ. TOQETHBR WITH AN INTRODUCTORY PREFACE TO THE NEW RULES. By His Honour JUDGE WOODFALL, A Member of the Rule Committee. Judges' Opinions. His Honour Judge EDGE says: " I have much pleasure iu stating that I have used the Yearly County Court Practice by Mr. Pitt-Lewis, Sir 0. A. White, and Mr. Read for the last three years, and have found it most useful. It is very clearly printed, well arranged, and, so far as my experience goes, thoroughly reliable," His Honour Judge STEAVENSON says: "I have had your Yearly County Court Practice since it was first published, and have always found- it most useful. I can always quickly and readily find what is wanted : when found it is accurate and up to date." His Honour Judge PHILBRICK says : " The earlier years I found extremely useful. Indeed, if but one work of the kind were available, I have no hesitation in giving this the preference, as I always found some evidence of care and thought which materially assisted either the research or the conclusion I drew." His Honour Judge LLOYD. " He has found it very useful, easy of reference, and he has never consulted it without acquiring the information he sought." His Honour Judge CADMAN says: " My opinion of the excellence of the an'angement of this book, and of the accuracy of the notes and references, is still very high, and I cannot speak too well of it." His Honour Judge ADDISON says: " I have the highest opinion of the Yearly Comity Court Practice, which is in constant • use at Southwark. The arrangement is admirable, and the book contains everything which it is possible for skill and care to collect (in reference to our Courts) up to the moment of publication." His Honour Judge WILMOT says : " The standard work of reference in all my Courts." His Honour Judge (iltEENWELL sags: " I have used no other practice book since its publication. It appeared to me by its ' method and aiTangement likely to supply a long-felt want. Experience has fully justified my expectation . Kept as it is in every respect up to date, I find it daily of the greatest value. The arrangement leaves nothi;ig to be desired, and the notes are accurate and useful." Publishers; BUTTERWORTH & CO., Law PuWIshers, 12, Bell Yard, Temple Bar, W.C. THE LAW REPORTS THE COUNTY COURT RULES, 1903. V6 %. LONDON : PRINTED FOR HIS MAJESTY'S STATIONERY OFFICE, By darling- & SON, Ltd., 34-40, Bacon Stbbet, B. Jittd |«blishd for the ^mnd\ of latu |lcporting, By WILLIAM CLOWES AND SONS, Limited, DUKE STREET, STAMFOED STEEET, S.E., AND GBEAT WINDMILL STREET, W. PUBLISHING OFFICE, 7, FLEET STREET, E.G. .- V X ■* --*. , LAW ! ' - Ill THE COUNTY COURT RULES, 1903. TABLE OF CONTENTS. Page List of Orders ... ... ... ... ... ... v List of Orders and Rules ... ... ... ... ... vii Reference Table, showing relation between old and new Rules = Iv Tbe County Court Rules, 1903 1 Appendix : — Part I. List of Forms 276 Reference Table, showing relation between old and new Forms 290 Forms 296 Part II. Forms of Books referred to in Order II. ... ... ... 577 Part III. Statutory provisions as to service of summonses on companies. (Order VIL, Rule 26) ... ... ... 593 I'rovisions of the Summary Jurisdiction Acts as to imprisonment in default or in lieu of distress to satisfy sums adjudged to be paid on summary conviction. (Order LIL, Rules 3, 7) ... ... ... 591 Part IV. Scales of Costs and Allowances to Witnesses ... ... 598 XuCl6£ ■■• *•• ■•• ••• ••• ••• ■•• ••• 0\J^ 5400 WtP1741 11/03 D&S 32 15994r a 2 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924021724384 LIST OF ORDERS. Order I. — Court and Offices Order IL — Officers Order III. — Parties Order IV. — Joinder of Causes of Action Order V. — Commencement of Action ... Order VI.— Particulars and Statement of Claim Order VII. — Plaint Note and Summons. Service. Guardians ad Litem Order VIII. — Consolidation of Actions or Stay of Proceedings Transfer Order IX. — Discontinuance, Confession, Admission, and Payment into or out of Court Order X. — Special Defences Order XL — Claim for Contribution or Indemnity Order XII. — Interlocutory and Interim Orders and Proceedings Order XIII. — Receiver ... OitDER XIV. — Amendment Order XV. — Application for Directions Order XVI. — Discovery and Inspection Order XVII. — Change of Parties Order XVIII. — Evidence Order XIX. — Affidavits Order XX. — Arbitration Order XXI. — Assessors Order XXII. — Trial Order XXIII. — Judgments and Orders Order XXIV. — Accounts and Inquiries Order XXV. — Enforcement of Judgments and Order XXVI. — Attachment of Debts Order XXVII. — Interpleader ... Order XXVIIL — Trahsmission of Proceeds of Foreign Districts Order XXIX. — Security Order XXX. — Proceedings by and against Administrators Order XXXL — ^New Trial Orders Warrants from Executors and Page 1 2 12 21 22 28 30 46 4s 57 62 65 70 73 77 78 85 88 95 97 98 100 105 111 119 142 loO 156 158 159 161 VI Page 162 or of 163 170 171 171 172 Ordkr XXXII. — Appeals Order XXXIII. — Actions or Matters remitted from transferred to the High Court Order XXXIV. — Replevin Order XXXV. — The Summary Procedure on Bills Exchange, 1855 Order XXXVI. — Registry of Judgments Order X XX VIL— Funds Order XXXVIII. —The County Courts Act, 1888, sections 67 and 70. The Settled Lands Acts, 1882 to 1890. The Trustee Act, 1893 173 Order XXXIX. — Admiralty Actions ... ... ... ... 180 Order XL. — The Agricultural Holdings (England) Acts, 1883 to 1890, &c r. 205 Order XLI. — The Friendly Societies Acts. The Building Societies Acts. The Industrial and Provident Societies Act, 1893. The Literary and Scientific Institutions Act, 1854. Winding-up of 13uilding and Industrial Societies 213 Order XLI I. — The Succession Duty Act, 1853, section 50. The Finance Act, 1894, sections 10 and 14 ... ... 216 Order XLIII. — Taxation of Charges of Returning Officers. The Parliamentary Elections (Returning Officers) Act, 1875. The Local Government Act, 1888, section 75, sub- section 19 ... ... ... ... ... ... ... 218 Order XL IV.— The Employers' Liability Act, 1880 220 Order XLV. — The Inferior Courts Judgments Extension Act, 1882 224 Order XLVL— The Married Women's Property Act, 1882 ... 226 Order XL VIL— The Guardianship of Infants Act, 1886 ... 226 Order XLVIIL - Charitable Trusts ,. 228 Order XLIX. — Probate and Letters of Administration ... 232 Order L. — Proceedings under Acts conferring Jurisdiction on the Courts ... ... ... ... ... ... ... 234 Order LL — The Stannaries Court (Abolition) Act, 1896 ... 244 Order LII. — Fines. Neglect or Misconduct of Officers. Committal for Contempt. Enforcement of Fines. The County Courts Act, 1888, sections 48, 49, 50, 102, 112, 162 and 167. The Summary Jurisdiction Acts ... ... 251 Order LIII. — Costs and Allowances to Witnesses ... ... 254 Order LIV. — General Provisions ... ... ... ... 265 Order LV. — Interpretation of Terms 270 vii LIST OF ORDERS AND RULES. Page Short title ... ... .... ... ... ... ... ... 1 Annulment of prior rules ... ... ... ... ... ... 1 OkDER I. — COUBT AND OfFICES. 1. Appointment and notice of sittings of court. Additional or adjourned courts ... ... ... ... ... 1 2. No two courts to be held on same day ... ... ... 1 3. On what days registrar to keep county court office open ... 1 4. Keeping open office at place where no court is held ... 2 5. Offices may be closied by order ... ... ... ... 2 Order II. — Officers. Begistrar. 1. Absence of registrar or deputy registrar from court ... 2 2. Registrar to keep books ... ... ... ... ... 3 3. Documents to be filed and distinguished by number of pliiint, and by letters ... ... ... ... ... 3 4. Registrar to issue all processes ... ... ... ... 3 5. Transmission of summons for service in foreign district. Notice of non- service ... ... ... ... ... 3 6. Notice of doubtful service in foreign district ... ... 4 7. Copies of documents, how made ... ... ... ... 4 8. Particulars to be g,nne?:ed to summons. Copy of summons to be dehvef ed to bailiff ... ... ... ... ... 4 9. Payment into court ... ... ... ... ... ... 4 10. Searches and payment out of court .. . ... ... ... 4 11. Acknowledgment of payments and deposits ... ... 5 12. Court books to be produced ^o treasairer ... ... ... 5 1 3., No officer to act as agent, to parties ... ... ... ... 5 Vlll Page 14. Where legacy, succession, or estate duty payable, it must be paid before execution of order directing payment or " transfer of funds ... ... ... ••• ••• ••• '"^ 15. Memorandum where one judge signs document for another. 51 & 52 Vict. c. 43. s. 19 5 16. Custody of securities. 51 & 52 Vict. c. 43. s. 70 5 o 6 6 6 6 High Bailiff. 17. Absence of high bailiff from court IS. High bailiff to keep books . . . 19. Attendance at office of registrar 20. Keeping open an office 21 . Service of process 22. Service and indorsement where defendant has removed to new address within district ... ... ... ... 6 23. Indorsement of service or non-service on copy of summons. Return of copy summons, and of summons not served ... 6 24. Notice of non-service in home district ... ... ... 7 25. Notice of doubtful service in home district .. . ... ... 7 26. Inquiry, service, and indorsement on summons against registered company. 25 & 26 Vict. c. 89. ss. 62, 63. ... 7 27. Return of copy of ordinary summons served by bailiff of f o}'eign court ... ... ... ... ... ... 8 28. Return of copy of judgment summons served by bailiff of foreign court ... ... ... ... ... ... 9 29. Wliere return of service to home court is not made, foreign bailiff may be ordered to pay costs ... ... ... 9 30. High bailiff to deliver list of ordinary summonses served ... 10 31. Notice of service or non-service of default summons ... 10 a2. Order book 10 33. Execution and entries of warrants and orders ... ... 10 34. Moneys to be paid in within 24 hours ... ... ... H 35. Notice where proceeds of execution are to be held for 14 days. 53 & 54 Vict. c. 71. s. 11. subs. 2. n 36. Notice of withdrawal on notice of receiving order ... ... H 37. Non-execution of warrant in foreign district. Return of warrant, if so directed ... ... ... ... ... n IX 38. Duties of high bailiff as to sale of personal property 51 & 52 Vict. c. 43. s. 146 39. Taking possession of goods ... 40. Where possession ordered to be taken until security given.. 41. Notices Avhere party acts by solicitor Page 12 12 12 12 Order III. — Parties, Generally. 1. Persons may be joined as plaintiffs who claim relief jointly, severally, or in the alternative, in respect of the same transaction, where common question of law or fact arises 12 2. Persons may be joined as defendants against whom relief is claimed jointly, severally, or in the alternative ... ... 13 3. All defendants joined need not be interested in all the relief prayed for... ... ... ... ... ... ... 13 4. All or any of the persons liable under any one contract may be joined ... ... ... ... ... ... ... 13 5. Where plaintiff in doubt from whom he is entitled to X tJUi t5ot3 ■■• ••• ••• ••• ■•• «•• ••• XO 6. Trustees, executors, and others may sue or be sued without joining parties beneficially interested ... ... ... 13 7. Where parties numerous, one or more may sue or be sued or defend for the benefit of all ... ... ... ... 14 8. Where defendant desires to defend on behalf of others ... 14 9. Power to approve compromise in absence of some of the persons interested .. . ... ... ... ... ... 15 Persons under Disability. 10. Infants. 51 & 52 Vict. c. 43. s. 96 15 11. Married women. 45 & 46 Vict. c. 75 15 12. Lunatics and persons of unsound mind ... ... ... 15 13. Persons under disability, how consents for can be given ... 15 Partners. 14. Co-partners may sue and be sued in the name of their firm 16 15. Application for names of firm in action by firm ... ... 16 16. Application of rules to actions between firm and any of its members ... ... ... ... ... ... ... 16 17. Where one person carries on business in name other than his own ... ... ... ... ... ... ... 17 Administration and Execution of Trusts. 18. Heir-at-law, next of kin, or a class, when unknown, how represented ... ... ... ... ... ... 17 19. Power to appoint person to represent absent parties ... 17 20. When residuary legatees or next of kin need not be served 18 21. Legatee entitled to judgment need not serve other legatees 18 22. Co-residuary need not be served ... ... ... ... 18 23. Other cestuis que trust need not be served ... ... ... 18 24. Waste or protection of property ... ... ... ... 18 25. Judgment for administration by executor against one legatee, &c. ... ... ... ... ... ... 18 26. Judge may order parties to be added, and give directions as to conduct of action ... ... ... ... ... 18 27. Notice of judgment, when to be served ... ... ... 19 28. Preparation of notice .. . ... ... ... ... ... 19 29. Service of notice ... ... ... ... ... ... 19 30. Where service of notice of judgment or order may be dispensed with ... ... ... ... ... ... 19 31. Power to bind persons service on whom is dispensed with... 20 32. When heir-at-law need not be a party ... ... ... 20 33. Where no legal representative ... ... ... ... 20 34. Except by leave, only executor or administrator to appear on claim of person not a party ... ... ... ... 20 Order IV. — Joinder ot Causes of Action. 1. What felaims may be joined with action of ejectment. Joinder of ckirof for possession in action for foreclosure or redemption ... ... ... ... ... ... 2^1 XI Page 2. As to joinder of claims by trustee in bankruptcy 21 3. Joinder of causes of action generally 21 4. Claims by or against husband and wife 21 5. Claims' by or against executor or administrator ... ... 22 6. Joint and separate claims by plaintiffs ... ... ... 22 7. Separate trials may be ordered ... ... ... ... 22 Order V. — Commencement of Action. 1. Actions to be commenced by plaint .. . ... ... ... 22 2. Trials by agreement under 51 & 52 Vict. c. 43. s. 64 ... 22 3. Actions to recover possession of tenements, and actions of ejectment. 51 & 52 Vict. c. 43. ss. 138, 139, 59 ... 22 4. Praecipe on entry of plaint ... ... ... ... ... 23 5. Praecipe where registered company is defendant. 25 & 26 Vict. c. 89. s. 62 23 6. Capacity in which plaintiff sues or defendant is sued to be stated in praecipe ... ... ... ... ... ... 23 7. Particulars to be stated in praecipe, &c., where assignee C3 LLt^o ••• >•• ••• ••■ ■•• ••• ••• ^L 8. Assignee not entitled to issue default summons. 51 & 52 Vict. c. 43. s. 86 ... ... ... ... ... 24 9. Default summons. Praecipe to state how service to be JXJ.CwdvI> ••• •■« ••• ••• ••• ■•• ••• }u^ 10. Security for or undertaking as to costs, where plaintifE not resident in England or Wales ... ... ... . ; . 24 11. Security by person temporarily resident in England ... 24 ] 2. Entry of plaint by letter ... ... ... ... ... 24 13. How leave under 51 & 52 Vict. c. 43. s. 74 may be obtained ... ... ... ... ... ... ... 25 14. Affidavit under 51 & 52 Vict. c. 43. s. 86. Default summons in district ... ... ... ... ... 26 15. Summons under 51 & 52 Vict., c. 43. s. 86 not t© issue in certain cases ... ... ... ... ... ... 27 16. Infant suing. 27 17. Married woman suing. 45 & 46 Vict. e. 75 27 xu Page 18. Person of unsound mind suing ... ... ... ... 28 19. Practice where plaintiff by default summons does not require payment forthwith ... ... ... ... 28 Order VI. — Particulars and Statement of Claim. 1. Particulars, when to be filed. Abandonment of excess of claim over £50 ... ... ... ... ... ... 28 2. Particulars in cases of account ... ... ... ... 28 3. Particulars in actions of ejectment ... ... ... ... 28 4. Particulars in actions under 51 & 52 Vict. c. 43. s. 60 ... 29 5. In action for administration plaintiff may ask that only certain questions may be decided, and renounce right to general order for administration ... ... ... ... 29 6. Particulars where more than one cause of action ... ... 29 7. Notice by defendant for further particulars .. . ... ... 30 8. Fraction of a penny ... ... ... ... ... ... 30 9. Signature to particulars by solicitor or authorised clerk ... 30 Order VII, — Plaint Note and Summons. Service. Guardians ad litem. Plaint Note. 1. Plaint note ... ... ... ... ... ... ... 30 Summons on plaint. 2. Form and date of summons ... ... ... ... ... 31 3. Where issued by leave. 51 & 52 Vict. c. 43. s. 74 ... 31 4. Particulars to be deemed part of summons .. . ... ... 31 Ordinary Summons and Service. 5. Ordinary summons when returnable ... ... ... 31 6. Successive summonses ... ... ... ... ... 31 7. Successive summons where defendant removes from district attei" entry of plaint 32 XUl Page 8. Delivery and service of summons in action of ejectment. 51 & 52 Vict. c. 43. s. 59 32 9. When ordinary summons is to be delivered for service. ■ Time of service ... ... ... ... ... ... 33 10. Mode of service of an ordinary summons ... ... ... 33 11. Where summons left at residence or place of business of defendant, and he does not appear ... ... ... 33 12. Service on solicitor ... ... •" ... ... ... 34 13. Service on infant ... ... ... ... ... ... 34 14. Service on lunatic or person of unsound mind ... ... 34 15. Service on partners ... ... ... ... ... ... 35 16. Service where person carries on business in name other than his own ... ... ... ... ... ... 35 17. Where husband and wife are defendants ... ... ... 35 18. Service where defendant on board ship ... ... ... 35 19. Service on soldier or marine ... ... ... ... 35 20. Service on prisoner ... ... ... ... ... ... 35 21. Service on miner ... ... ... ... ... ... 36 22. Service where defendant employed in public asylum or prison ... ... ... ... ... ... ... 36 23. Where defendant keeps his house closed ... ... ... 36 24. Service in case of vacant possession .. . ... ... ... 36 25. Service where violence threatened ... ... ... ... 36 26. Service of summons on corporation, hundred, &c. Statutory provisions as to service on companies. 8 & 9 Vict. c. 1 6. s. 135. 8 & 9 Vict. c. 18. s. 134. 8 & 9 Vict. c. 20. s. 138. 25 & 26 Vict. c. 89. ss. 62, 63 36 27. Service on railway company .. . ... ... ... ... 37 28. Where summons has come to knowledge of defendant less than ten days before return-day ... ... ... ... 37 29. Where summons issues under 51 & 52 Vict. c. 43. s. 84 ... 37 Default Summons and Service. 30. Service of default summons 37 31. Service on a firm 38 32. Service on corporation, &c. ... ... ... ... ... 38 XIV 33. Default summons may be served in any district. By whom service may be eiFected ... 34. Where service made otherwise than by bailiff 35. When default summons to be struck out ... 36. Limitation of time for siting judgment on default summons ... 37. Where either party dies after service of summons to save S1JBiT]UT>6 ■•■ •«• ••• ••• ••> ■•■ ••• 38. Exchange of default for ordinary summons. . . Page 38 38 39 39 39 39 Substituted Service. 39. Order for liberty to proceed in actions under 18 & 19 Vict. c 67 \j» \J % ••• ••• ••■ ••• ■■■ ••• ••• 40. Substituted service, and notice in lieu of service ... 39 40 Service out of England and Wales. 41. Service out of England and Wales, when allowed 42. How discretion to be exercised 43. Probate actions 44. Application to be supported by evidence 45. Order to fix time for appearance 46. Notice where summons to be served 47. Jfotice in lieu of summons ... 48. Proof of service 49. Application to set aside service 40 41 41 41 42 42 42 42 42 Appointment of Guardians ad Litem to Infants or I^ersons of Unsound Mind. 50. Appointment of guardian ad litem to defendant appearing on face of proceedings to be an infant or a person of unsound mind 42 51. Appointment of guardian ad litem to defendant ascertained to be an in&nt or a person of unsound mind 44 52. Entry of appointment on summons, &c 45 XV Page 53. Limitation of liability of guardian for costs... ... ... 45 54. Power to set aside judgment against infant or person of unsound mind where no guardian appointed ... ... 45 55. Application of preceding rules to petitions ... ... ... 45 56. Guardian ad litem with reference to proceedings under judgment or order ... ... ... ... ... 45 Order VIII. — Consolidation of Actions or Stay of Proceedings. Transfer. 1. Consolidation of separate actions which might have been joined in one ... ... ... ... ... ... 46 2. Stay of proceedings in actions brought in respect of same matter, till judgment given in selected action ... 46 3. Applications under preceding rules .. . ... ... ... 46 4. Judge may impose terms ... ... ... ... ... 46 5. Where judgment in favour of defendant in selected action... 46 6. Where judgment given against defendant in selected action 47 7. Stay of actions for same cause against several defendants, till judgment given in selected action ... ... ... 47 8. Transfer of actions commenced in different courts .. . ... 47 9. Application for transfer under last rule, or 51 & 52 Vict. c. 43. s. 85, or Order XXXIII., Rule 9. Costs before or occasioned by transfer. Transmission of certified copy of proceedings ... ... ... ... ... ... 47 Order IX. — Discontinuance, Confession, Admission, and Payment into or out of Court. 1 Discontinuance. Stay of subsequent action till payment of costs of discontinued action ... ... ... ... 48 2. Confessions under 51 & 52 Vict. c. 43. s. 98 49 3. Admission by letter addressed to court 49 4. Consents under 51 & 52 Vict. c. 43. s. 99 49 5. Admission of truth of plaintiff's statement 49 6. Admission by any party ... ... ... ... ... 50 7. Confession by defendant in action of ejectment, or for recovery of possession ... ... 50 XVI Page 8. Notice to admit specific facts... ... ... ... .... 50 9. Evidence of admissions ... ... ... ... ... 51 10. Request under 31 & 32 Vict. c. 40. may be sighed at any time after entry of plaint .. . ... ... ... ... 51 11. Conduct of proceedings on order for sale in partition action 51 12. Payment into court. 51 & 52 Vict. c. 43. s. 107 51 13. Acceptance of amount paid in in satisfaction of claim. Provision as to costs ... ... ... ... ... 52 14. Payment in remitted action of libel. 51 & 52 Vict. c. 43. s. 66. 6 & 7 Vict. c. 96. s. 2 53 15. Where payment made after notice of defence given under 51 & 52 Vict. c. 43. s. 86 53 16. Payment by plaintiff in answer to counter-claim ... ... 54 17. Fees and costs on payment of amount admitted after deducting set-off or counter-claim .... ... ... 54 18. Money paid in to be retained if defence be tender ... ... 54 19. Money paid in with denial of liability ... ... ... 54 20. Payment to plaintiff instead of into court ... ... ... 54 21. Payment of money out of court ... ... ... ... 55 22. Payment out of court by cheque or post office order ... 56 23. When rules of this Order not to apply. 51 & 52 Vict. c. 43. ss. 67-71. 31 & 32 Vict. c. 40. 39 & 40 Vict. c. 17... 56 24. Payment into court and investment of moneys awarded to or recovered by infant or person of unsound mind ... 56 25. Orders as to moneys in court or invested under last rule ... 56 26. Payment into court not to be communicated to jury ... 57 Order X. — Special Defences. 1. Where plaintiff sues on behalf of others ... ... ... 57 2. Set-off and counter-claim ... ... ... ... ... 57 3. Objection by plaintiff under 47 & 48 Vict. c. 61. s. 18 ... 57 4. In action of ejectment or for recovery o£ possession, any person not named as a defendant may, by leave, appear 58 5. In action of ejectment or for recovery of possession, defendant may give notice that he will limit his defence to part of the property 58 xvu \ Page 6. Objection to jurisdiction of court. 51 & 52 Vict. c. 43. OaOiSa ••• •■• ■•• ••• ••• ••• ••• tJ«7 7. Where one of several persons jointly answerable is sued. 51 & 52 Vict. c. 43. s. 97 59 8. Misjoinder of plaintiffs not to defeat counter-claim... ... 59 9. Disclaimer, admission, and other statements by defendant .. c 59 10. Notice to be given of special defences ... ... ... 60 11. Set-off or counter-claim ... ... ... ... ... 60 12. Infancy ... ... ... ... ... ... ... 60 13. Coverture ... ... ... ... ... ... ... 60 14. Statute of limitations ... ... ... ... ... 61 15. Bankruptcy ... ... ... ... ... 61 16. Defence that libel or slander is true .. . ... ... ... 61 17. Facts in mitigation of damages in libel or slander .. . ... 61 18. Statutory defence ... ... ... ... ... ... 61 19. Equitable relief ... ... ... ... ... ... 61 20. Tender ... ... ... ... ... ... ... 61 21. Notice of defence to counter-claim ... ... ... ... 62 22. Where counter-claim affects other persons ... ... ... 62 Order XI. — Claim for Contribution or Indemnity. 1. Notice of claim to contribution or indemnity. Filing and service, heave, when required ... ... ... ... 62 2. Appearance of third party. Default of appearance ... 63 3. Proceedings on default of appearance by third party ... 63 4. Application for directions. What directions may be given 64 0* v^OSuS ■■■ •«• ••« ••• •«• ••• ••■ ••• 00 6. Claim to contribution or indemnity against co-defendant ... 65 Order XII. — Interlocutory and Interim Orders and Proceedings. 1. Where defence is an alleged right to be relieved of a primd facie case of liability ... ... ... ... 65 2. Order for sale of perishable articles, &c. ... ... ... 66 3. Order for detention, preservation, &c. ... ... ... 66 8775 , b xviii Page 4. Order for registrar to take deposition of person ordered to weigh, inspect, &c. ... ... ... ... ... 66 5. Order for inquiries or accounts ... ... ... ... 66 8. Application for interlocutory injunction or order ... ... QQ 7. Where specific property other than land is sought • to be recovered, but is claimed to be retained under lien or as security ... ... ... ... ... ... ... 67 8. Settlement, signing, sealing, filing, and service of orders under preceding rules ... ... ... ... ... 67 9. Deposit by plaintiiF may be ordered where defendant resident more than twenty miles from court shows defence on merits ... ... ... ... ... ... ... 67 10. Application for order that loss' of bill shall not be set up. 45 & 46 Vict. c. 61. s. 70 68 11. Practice on interlocutory applications ... ... ... 68 12. Postponement of trial on joint application of parties ... 69 13. Postponement of trial pending interlocutory proceedings ... 70 14. Postponement of trial by court ... ... ... ... 70 15. Adjournment to enable party to comply with rules ... 70 Okdee XIII. — Keceivee. 1. Eeceiver may be appointed though not asked for ... ... 70 2. Receiver to give security ... ... ... ... ... 70 3. Remuneration of receiver ... ... ... ... ... 70 4. Audit of receiver's accounts at close of proceedings ... 71 5. Receiver to produce vouchers ... ... ... ... 71 6. Accounts may be ordered to be audited at any time ... 71 7. Interval between audits ... ... ... ... ... 71 8. Certificate of result of audit .. . ... ... ... ... 71 9. Attendance of party not required at audit. Revision of allowances... ... ... ... ... ... ... 71 10. Judge may direct receiver to pay moneys received to party entitled ... ... ... ... ... ... ji 11. Neglpct of receiver 72 12. Consequence 9f default by re^eiyer ... ... ... ... 72 13. As to appointment of receiver by way of equitable execution 72 14. Fees and costs on appointment of receiver by way of equitable execution 79 I'age Order XIV. — Amendment. 1. Change or addition of plaintiff ... ... ... ,..^73 2. Action not to be defeated by misjoinder or nonjoinder ot X)uji/ul6S ■•• ••> ■•■ •«• ••• ■•• ••• 'O 3. Where too few persons made plaintiffs ... ... ... 74 4. Change of defendant ... ... ... ... ... ... 74 5. Where party wrongly sues or is sued in representative dj.«i£tCu6r ••• ■•» ••■ ■•• ••• ••• ■•• i %j 6. Where party ought to have sued or been sued in repre- sentative character ... ... ... ... ... 75 7. Amendment of name or description of plaintiff ... ... 75 8. Amendment of name or description of defendant ... ... 75 9. Where all defendants have not been served .. . ... ... 75 10. Application to add or strike out parties ... ... ... 76 11. Notice to an added or substituted defendant ... ... 76 12. Amendment of particulars and notice of defence ... ... 76 13. Abandonment of part of claim ; amendment of particulars; COo uB ••• ••> •■* ••• •■• ••• ■•■ i \J 14. Powers of registrar as to amendment when acting under 51 & 52 Vict. c. 43. ss. 90, 92 76 Order XV. — Application fob Directions. 1. Any party may apply for directions ... ... ... 77 2. Notice of application ... ... ... ... ... ... 77 3. Application for directions by any party served with notice... 77 4. Costs of application for any matter which could have been asked for in application for directions ... ... ... 77 5. Setting down action for trial after order for directions ... 78 6. Notice of day of trial. . . ... ... ... ... ... 78 Order XVI. — Discovery and Inspection. 1. Interrogatories ... ... ... ... ... ... 78 2. Order to be drawn by registrar and served ... ... ... 78 3. Particular interrogatories to be submitted. Matters to be considered... ... ... ... ... ... ... 79 4. Costs of improper interrogatories ... ... ... ... 79 §. Interrogatories, form of ... ... ... ... ... 79 8775 b 2 XX 6- Corporations and joint stock companies 7. Qjbjection to answer ... 8. Affida\dt in answer ... 9. Further answer 10. Discovery of documents 11. Objection to discover documents ] 2. Production of docmnents 13. Inspection of documents referred to in particulars, notices, or affidavits 14. N^otice under preceding rule .. . 15. Time within which inspection to be given. Place of inspection ... 16. Order for inspection ... 17. Inspection of court rolls 18. Actions against or by sheriff or high bailiff... 19. Verified copies. Privilege. Inquiry as to present or past possession of specified documents 20. Prematulte discovery .. . 21. Non-compliance with order ... 22. Security for costs 23. Amount of security ... 24. Payment out of amount paid in as security . . . 25. Order to apply to infants Oedeb XVII. — Change of Parties. 1. When action not to abate 2. Proceedings on change of plaintiff's title before judgment. Provision for cases where change affects more actions ijl1«jLL OXJ-c ••■ ••■ ••• ••• ••• ••■ ••• 3. Proceedings on change of defendant's title ... 4. Change or transmission of interest ... 5. Service of order on change or transmission of interest 6. Application to discharge or vary order by person not already cl T}3iX' LV ••• ••• ••• ••■ ••• •■• ,,, 7. Where person entitled to proceed on death of plaintiff or defendant fails to do so ... 8. Alteration of records on change of parties ... 9. Saving. 51 & 52 Vict. c. 43. «. 94 Page 79 79 80 80 80 80 81 81 81 81 82 82 82 82 83 83 84 84 84 84 85 85 86 86 87 87 87 87 88 XXI Pagre Okdeb XVIII. — Evidence. 1. Evidence to be taken orally ... ... ... ... ... 88 2 Power to order particular facts to be proved by affidavit, or witnesses to be examined before examiner ... ... 88 3. Summonses to witnesses, and service ... ... ... 88 4. Time and mode of service 89 5. Where witness does not produce documents, order for production may be made ... ... ... ... ... 89 6. Admission of documents ... ... ... ... ... 89 7. Notice to admit or produce ... ... ... ... ... 89 8. Costs of notice to admit or produce .. . ... ... ... 90 9. Documents produced from proper custody to be read with- out proof unless objected to ... ... ... ... 90 10. An unstamped or insufficiently stamped instrument to be given in evidence only where receipt of registrar for unpaid duty and penalty is produced ... ... ... 90 11. Where it is desired to use an affidavit, notice may be given. Costs of objection ... ... ... ... ... ... 90 12. Documentary evidence taken at trial ... ... ... 91 13. Evidence taken after trial ... ... ... ... ... 91 14. Practice as to taking evidence at any stage of action or ^ IllajuuC]? ■•■ ••• ••• ••• ••• ••• ■•• t/X 15.' Special directions as to taking evidence after trial ... ... 91 16. Use of answer to interrogatories at trial ... ... ... 91 17. Affidavits, evidence of person using them , 91 Examinations. 18. Examination of witnesses before trial ... ... ... 92 19. When registrar of foreign court may be appointed examiner 92 20. Order for attendance of persons to be examined or produce documents... ... ... ... ... ... ... 92 21. Disobedience to order for such attendance ... ..* ... 92 22. Expenses of persons attending before examiner ... ... 92 23. Examiner to be furnished with certain documents .. . ... 93 24. Who entitled to be present on examination. . . ... ... 93 25. Depositions, how taken ... ... ... ... ... 93 26. Failure to comply with summons, or refusal to be sworn or £liIlSW^6F ••• ••« »•• ••• ••• ••• ••.« «/0 XXll 27. Objection to answer ... 28. Witness may be ordered to pay costs 29. Filing of depositions .. . 30. Special report by examiner ... .31. When depositions may be given in evidence 32. Power to administer oaths ... Page 94 94 94 94 94 94 Obdee XIX. — Affidavits. 1. Affidavits to be expressed in the first person 2. Sources of knowledge to be stated . . . 3. Affidavits, how to be intituled 4. Affidavits to show on whose behalf filed 0. Costs of affidavits, when disallowed 6. Affidavits made by two or more deponents 7. Filing of affidavits 8. Affidavits not to be filed if sworn before party's solicitor 9. Erasure, blotting, interlineation, &c., in affidavits ... 1 0. Illiterate or blind deponent ... 11. Use of defective affidavit 12. Affidavits of service ... 13. Verification of new trustee's consent to act ... 14. Notice of rejection of imperfect affidavits or documents 95 95 95 95 95 95 96 96 96 96 97 97 97 97 Order XX. — Arbitration. 1. Arbitration. 51 & 52 Vict. c. 43. ss. 64, 104 97 Order XXI. — Assessors. 1. Registrar at request of judge to frame list of assessors for approval. 51 & 52 Vict. c. 43. s. 103 2. Consent of assessors to act ... 3. List of assessors 4. Duration of power of assessors 5. Assessors resigning to be removed from list- 6. Eemiineraticin o£ assessors ... 7. Application for assessors to act with judge .. ... 9,s .. ... 98 .. ... 98 .. ... 98 ... 98 . . ... ... 99 ... ... 99 xxm Page 8. Assessors to be summoned if judge approves ... ... 99 9. i^btice where opposite party has not consented to assessors proposed ... ... ... ... ... ... ... 99 10. Proceedings where party served with notice does not accept proposed appointment ... ... ... ... ... 99 11. Where assessors or any of them fail to attend ... ... 100 12. Payment on application for assessors by party ... ... 100 13. Assessors' fees on adjournment ... ... ... ... 100 Order XXII. — Trial. 1. Notice of demand of jury ... ... ... ... ... 100 2. Adjournment in order to try by jury ... ... ... 101 3. Actions and matters which may be tried by jury ... ... 101 4. Number of jurymen to be summoned ... ... ... 101 5. Notice to jurors where action settled, withdrawn, or adjourned before return day ... ... ... ... 101 6. Where plaintiff does not appear ... ... ... ... 101 7. Where neither party or one party only appears on default summons ... ... ... ... ... ... ... 101 8. Judgment on counter-claim where plaintiff does not appear 102 9. Restoring case struck out for non-appearance of plaintiff. 51 & 52 Vict. c. 43. ss. 88-90 102 10. Subsequent action after nonsuit or striking out. 51 & 52 Vict. 43.88.88,93 102 11. Action pending in another court for same cause ... ... 102 12. Disallowance of vexatious questions in cross-examination .. . 103 13. General jurisdiction of judge on trial of action ... ... 103 14. Decision of questions at issue without general order for execution of trusts or administration ... ... ... 103 15. Orders which may be made on applications for administration or execution of trusts, where no accounts or insufficient accounts have been rendered ... ... ... ... 103 16. Injunction, application for ... ... ... ... ... 104 17. Inspection of property by judge or jury 104 18. Absent parties may be added on hearing ... ... ... 104 19. Counter-claim where action stayed, discontinued, or dismissed ... ... ... ... ... ... ... 104 XXIV Page 20. Counter or other claim may be ordered to be tried by 'independent action ... ... ... ••• ••• 1^^ 21. When a person brought in does not appear at the trial ... 105 22. Judsjment may be given for balance found due to defendant 105 23. Transfer of action by or against officer of court 105 24. Leave to registrar to exercise jurisdiction ... ..." ... 105 25. Where registrar authorised to hear disputed claims ... 105 Ordeb XXIII. — Judgments and Ordebs. 1. Entries to be made in minute book .. . ... ... ... 105 2. Form of ordinary judgment. Judgment against married woman ... ... ... ... ... ... ... 106 3. Judgment for costs against married woman who is plaintiff. 56 & 57 Vict. c. 63. s. 2 106 4. Preparation of special judgment ... ... ... ... 106 5. Certain orders need not be drawn up or served ... ... 107 6. Service by or on solicitor ... ... ... ... ... 107 7. Mode of service of judgments and orders ... ... ... 107 8. When order on default summons need not be served ... 107 9. Time to be stated for doing any act ordered to be done. Memorandum to be indorsed ... ... ... ... 107 10. Purposes for which certificate of judgment required to be SXoiucCl ••• ■•• •■• ••• ••• ••• ••• ^Uo 11. Money payable under ordinary judgment, how payable. 51 & 52 Vict. c. 43. s. 105 108 12. Order for payment of money recovered, and of costs to be taxed ... ... ... ... ... ... ... 108 13. Notice of payment into court ... ... ... ... 108 14. Fresh order for payment by instalments on application of plaintiff 108 15. Fresh order for payment of sum not exceeding 20/. on application of defendant. Fresh order for payment in one sum, or by increased instalments, on application of plaintiff 109 16. Judgment in action of ejectment or for recovery of possession, or relating to land, where plaintiff's title existed when plaint entered, but has since expired .. ... ... 110 Page . 110 . 110 XXV 1 7. Where order directs a deed to be prepared . . . 18. Sale of real property .. . 19. Delivery up of real estate ordered to be sold 20. Sale with approbation o£ judge 'Jl. Form of affidavit of value 22. Certificate of result of sale in lieu of affidavit 23. Sale of personal property Order XXIV. — Accounts and Inquiries. 1 . Accounts, how to be taken ... ... ... ... ... Ill 2. Registrar to appoint time and place for inquiries and taking accounts ... ... ... ... ... ... 112 3. Hearing before registrar ... ... ... ..^ ... 112 4. Stoppage of proceedings where all necessary parties have not been served with notice of judgment or order ... 112 5. Classifying interests of parties. Costs of party appearing separately ... ... ... ... ... ... ... 112 6. Judge may require distinct solicitor to represent parties ... 113 7. Claimants not coming in to prove, &c., excluded ... ... 113 8. Books of accounts to be /)nm^ /aa'e evidence ... ... 113 9. Accounts to be verified by affidavit, numbered, and left at registrar's office ... ... ... ... ... ... 114 10. Surcharge ... ... ... ... ... ... ... 114 11. Inquiry as to outstanding personal estate ... ... ... 114 12. Accounts and inquiries to be numbered ... ... ... 114 13. Advertisements for creditors in administration ... ... 114 14. Creditors need not prove unless required ' ... ... ... 115 15. Creditors holding security to produce same .. . ... ... 115 16. Pedigree, if required, to be produced ... ... ... 115 17. Creditor, &c., refusing to have no costs ... ... ... 115 18. Adjudication on debts or claims ... ... ... ... 115 19. Notice of allowance or non-allowance of claim ... ... 115 20. Claim may be sent in before adiudication ... ... ... 116 21. Where claim sent in after time fix^d ... ... ... 116 2^. Costs of creditor establishing debt ... ... ... ... 116 23. Just allowances ... ... ... ... ... ... 116 XXVI Page 24. Computation of interest on diebts ... ... ... ... 116 25. Allowance of interest on debts not carrying interest ... 116 "26. Interest on legacies ... ... ... ... ... ... 117 27. Eegistrar's certificate ... ... ... ... ... 117 28. Reference to judgment, &c. ... ... ... ... ... 117 29. Contents of certificate in case of accounts. Transcript. Filing of accounts and transcripts ... ... ... 117 30. Taking opinion of judge ... ... ... ... ... 118 31. Notice that certificate may be inspected ... ... ... 118 32. When certificate bebomes binding- ... ... ... ... 118 33. Variation or confirmation of certificate. Order on further consideration ... ... ... ... ... ... 118 34. Where no application to vary certificate ... ... ... 118 35. Discharge or variation of certificate which has become binding ... ... ... ... ... ... ... 118 36. Notes of proceedings before registrar under judgment or order 119 37. Application to judge for further directions .. . ... ... 119 OlJDKB XXV. — Enforcement of Judgments and Obders. 1. Enforcement of orders for payment of money ... ... 119 2. Orders enforceable like judgments ... ... ... ... Ill) 3. Enforcing judgment or order against corporation ... ... 120 4. Costs of married women ... ... ... ... ... 120 5. Where difficulty arises in execution .. . ... ... ... 120 6. Date and duration of warrants of execution ... ... 120 7. Applicant to prodube plaint note or summons, and furnish praecipe ... ... ... ... ••• ... ••• 120 8. Where default ttiade, execution may issue. Amount for which it may issue. 51 & 52 Vict. c. 43. s. 149 ... 120 y. Separate executions for money recovered, and for costs ... 120 10. Where no payment on judgment for two years, leave to issue execution must be obtained ... ... ... 121 11. Execution on judgnient against a firm 121 12. Application for charging ordei: on interest of partner. 53 & 54 Vict. b. 39. 8. 23 ... 122 13. Applications by partners under 53 & 54 Vict. c. 39. s. 23 ... 122 xxvh Page 14. Application for leave to issue process on change of parties after judgmeM, &c. Order thereon ... ... ... 123 15. Service of order ... ... ... ... ... ■•• 123 16. Joinder of several actions or persons in one application, and notice of order thereon ... ... ... ... ... 123 17. Indorsement on warrant of execution. Notice to be left with debtor ... ... ... ... ... ... 124 18. Concurrent warrants .. . ... ... ... ... ... 124 19. Costs of warrants ... ... ... ... ... ... 124 20. Possession fees ... ... ... ... ... ... 124 21. Appraisement ... ... ... ... ... ... 124 22. Inventory and notice of sale of goods removed under execution ... ... ... ... ... ... ... 124 23. Account of sale under execution ... ... ... ... 125 24. Application for private sale. 46 & 47 A'ict. c. 52. s. 145. 53 & 54 Yict. c. 71. s. 12. High baililF to deliver list of executions to applicant. Service of notice of application. High bailiff's list to be produced. Persons who may appear on application ... ... ... ... ... 125 Judament Summons. I'O Judgment summons to be served personally. 32 & 33 Vict. c. 62. Praecipe for summons. Summons where two or more defendants ... ... ... ... ... 126 26. Issue of summons against debtor in the district. Appli- cation for leave for judgment summons to issue out of the district. No leave required if travelling expenses deposited or undertaking given to pay or tender same ... 126 27. Judgment summons on judgment against a firm, &c. ... 127 28. No judgment summons to be issued after a certain time from judgment, &c., unless an affidavit in proof of means is filed 127 29. Where judgment summons applied for at a court in which judgment was not obtained ... ... ... ... 128 30. Where judgment summons required on judgment of court other than a county court ... ... ... ... 128 31I Issue and service of judgment summons ... ... ... 129 32. Where judgment debtor about to remove ... ... ... 129 XXVIU Page 33. Successive judgment summons ... ... ... ... 130 34. Adjournment... ... ... ... ... ... ... 130 35. Witnesses may be summoned to prove means ... ... 130 36. Name of witness to be entered in Book H, and whether proof made of past or present means ... ... ... 130 37. E^'idence by affidavit, where creditor or debtor not resi- dent in district of court issuing judgment summons ... 130 38. On issue of judgment summons, any warrant of execution issued to be lodged in court ... ... ... ... 131 39. Minute that certificate of judgment has been given to be made. Restriction on proceedings in court issuing certificate ... 131 40. Where order of commitment made or order altered by another court, proceedings to be transferred to and continued in that court ... ... ... ... ... ... ... 131 41. Where order of commitment sent to a foreign court. 51 & 52 Vict. c. 43. s. 158 132 42. No commitment after bankruptcy or administration order, in respect of debt provable thereunder. 46 & 47 Vict. c. 52. SaX^Ij ■•• ••• ••• ••• ••• ••• ••• J.0i2 43. Commitment not to be enforced where receiving or administration order made after order of commitment. 46 & 47 Vict. c. 52. s. 122 132 44. Discharge of judgment debtor on filing affidavit as to bankruptcy, &c. ... ... ... ... ... ... 133 45. Certificate that administration order has been made. 46 & 47 Vict. c. 52. s. 122 133 46. Order on judgment summons. Suspension of order of com- mitment. Payments to be made into court. Form, date, and duration of order of commitment ... ... ... 133 47. Suspension of order for payment of future instalments, during suspension of order of commitment in respect of past instalments ... ... ... ... ... ... 134 48. Payment on arrest ... ... ... ... ... ... 134 49. Payment in prison ... ... ... ... ... ... 135 50. Discharge of prisoner on request of judgment creditor ... 135 51. Certificate of payment ... ... ... ... ... 135 52. Costs on default of appearance of judgment creditor ... 135 53. What costs allowable to solicitor on judgment summons ... 135 XXIX Page 54. Where no costs are to be allowed on judgment summons ... 136 o5. Provisions as to amount for which debtor has been im- prisoned, where fresh order made on judgment summons or under Order XXIII., Eule 14, and as to subsequent judgment summons under such order ... ... ... 136 56. Costs of abortive execution not to be included in judgment summons, or fresh order under Order XXIII., Rule 14... 137 Warrant of Attachment. 57. Orders enforceable by attachment ... ... ... ... 137 58. Indorsement and service of order ... ... ... ... 137 59. Issue and service of notice of attachment on failure to obey order after service of copy thereof ... ... ... 138 60. Order of judge for attachment ... ... ... ... 138 61. Order to be drawn up and copy served ... ... ... 138 62. Discharge of person in custody by judge ... ... ... 138 63. Discharge of person in custody by registrar ... ... 139 Warrant of Possession. 64. Recovery of land or possession to be enforced by warrant of uOSSCSSlOIl ■■■ ••• ■•• ••• ••■ ••• ••• J.Ot/ 65. Execution on judgment in action of ejectment ... ... 139 66. Separate warrants for possession and costs on judgment in 616Ci)IX16Ilu ••• ••• ■•• •■• ••• ••• ••• ±ou 67. Execution for costs against plaintiff in action of ejectment 139 68. Warrant for recovery of land not to issue till service of and disobedience to order proved ... ... ... ... 139 Warrant of Delivery. 69. Execution for delivery of property other than land ... 140 70. Warrants of delivery 140 Miscellaneous Provisions. 71. Examination of debtor w-hen judgment, &c., for recovery of money 140 72. Costs of applications under Rules 5 and 71 141 73. Impounded documents 141 XX5C Order XXVI. — Attachment of Debts Page 1. Proceedings against garnishee ... ... ... ... 142 2. Where garnishee not within jurisdictipn ... ... ... 142 3. Service and effect of garnishee summons ... ... ... 143 4. Service on firm or company ... ... ... ... ... 1 43 6. Payment into court by garnishee ... ... ... ... 143 6. Payment out of court of money paid in by garnishee ... 144 7. Order on return day, if garnishee does not appear or dispute liability ... ... ... ... ... ... ... 146 8. Proceedings on return day, if garnishee disputes liability ... 146 9. Certificate where garnishee sued in court other than that in which judgment obtained... ... ... ... ... 146 10. Where debt is stated to belong to a third person, or there is a lien thereon ... ... ... ... ... ... 147 11. Payment by or execution levied upon garnishee a discharge against debtor ... ... ... ... ... ... 147 x.jii» Vf'OS uS ••• ■•• ••• ■•• ■•• •■• ••■ !•> J.4f 13. Entry of amount recovered from garnishee in books relating to judgment against debtor ... ... ... ... 148 14. Judge may refuse to interfere ... ... ... ... 148 15. Provisions as to money due fi"om garnishee under judgment or order obtained by debtor against him... ... ... 148 16. Application by judgment creditor as to money paid into court Under judgment or order obtained by debtor against third person ... ... ... ... ... 149 17. Attachment of debts owing from a firm ... ... ... 149 Order XXVII. — Interpleader. 1. Notice of claim to execution creditor. Order for possession fees where claim admitted. Notice to claimant to make deposit or give security ... ... ... ... ... 150 2. Power to make order protecting high bailiff from action by claimant, where execution creditor admits claim before interpleader summons issued ... ... ... 150 3. Issue of summons where execution creditor does not admit CiSvlZil ••• ••• ••• ••■ •■• ••• ••• XO-L XXXI Page 4. Proceedings generally 151 o. Claimant to lodge particulars and grounds of claim ... 152 6. High bailiff's fees 152 7. Power to delay sale where claimant fails to comply with provisions of 51 & 52 Vict. c. 43. s. 156 ... ... 152 8. Claim of damages by claimant ... ... ... ... 152 9. Claim of damages by execution creditor against high bailiff. 51 & 52 Vict. c. 43. s. 157 '. 152 10. Payment into court where damages claimed under 51 (Ss 52 VicL c. 43. s. 157 153 11. Interpleader summons ... ... ... ... ... 153 12. From what court issued ... ... ... ... ... 153 13. Judge may direct sale of goods claimed under bill of sale, &c. 153 14. Order on interpleader ... ... ... ... ... 154 15. Interpleader in action by assignee, where assignor disputes assignment, or in action for debt, chose in action, or chattel, where defendant has notice of conflicting claims. Claimant to file notice of relinquishment, or particulars of claim. Payment into court by defendant. Intejr- pleader, how disposed of. Where plaintiff does not appear. Where claimant does not appear. Where both appear. Discovery, trial, costs, and incidental matters... 154 Order XXVIII. — Transmission of Proceeds of Warrants FROM Foreign Districts. 1. Transmission and entry of warrants to be executed in a foreign district ... ... ... ... ... ... 156 2. Accounting for and transmission of proceeds levied in foreign district ... ... ... ... ... ... 156 3. Certificate of payment into foreign court under order of commitment ... ... ... ... ... ... 157 Order XXIX.— Security. 1. Security by bond 158 2. Affidavit of sufficiency 158 xxxu Page 3. Execution of bond ... ... ... ... ... ... 158 4. Deposit in lieu of bond ... ... ... ... ... 158 Bond to be deposited... ... ... ... ... ... 158 o. 6. Officer of court not to be surety ... ... ... ... 158 Order XXX. — Proceedings by and against Executors AND Administrators. 1. Costs where plaintiff fails ... ... ... ... ... 159 2. Costs on non-appearance ... ... ... ... ... 159 3. Waste of assets ... ... ... ... ... ... 159 4. Judgment where waste charged ... ... ... ... 159 5. Judgment where representation admitted, but demand Ll.tjLlJ.CLl. ••• ••• ■•■ ••■ ■■■ •■• •«• J. tJnJ 6. Judgment where representation admitted, and demand denied but proved, and administration alleged and proved 159 7. Judgment in like case where administration not proved ... 160 8. Judgment where representation and demand admitted, and administration alleged and proved ... ... ... 160 9. Judgment in like case where administration not proved, and no other defence established ... ... ... ... 160 10. Proceedings after judgment on assets ^wanc^o accziienW ... 160 11. Payment into court on defendant's admission of demand ROQ. OI «iSS6uS ••• ■•• ■•• ••• ■•■ ■•• J.OX 12. Judgment in other cases ... ... ... ... ... 161 Order XXXI.— New Trial. 1. Application for new trial ... ... ... ... ... 161 2. Judge may direct new trial to be had with a jury ... ... 162 Order XXXII. — Appeals. 1. Appeals ... ... ... ... ... ... ... 162 2. Judgment of Court of Appeal to be deposited 162 3. New trial ... ... ... ... ... ... ... 162 4. Proceedings on judgment of Court o^ Appeal 163 XXXUl Page Obdee XXXIII. — Actions ob Matters Remitted fbom ob TBANSFEEBED TO THE HiGH CoURT. 1. Where action or matter remitted from High. Court. . . ... 163 2. Order to be filed. Proceedings, in county court 163 3. Defendant to proceed as if action originally brought in county court ... ... ... ... ... ... 163 4. Special notice in action for libel or slander, 6 & 7 Yict. Ca t/Oa SSa J.j^ ■•• ■«• ■•• •■• ■•• •■• XU^ 5. Transfer of equitable action or matter to Chancery Division under 51 & 52 Vict. c. 43. ss. 67, 68, 70 164 6. Report by registrar, and proceedings, where limit of juris- diction in equitable action or matter found to be exceeded. 51 & 52 Yict. c. 43. ss. 67, 68, 70 164 7. Transmission of documents, &c., to High Court by registrar after order of transfer ... ... ... ... ... 164 8. Registrar to apply to judge for directions after transfer from High Court under 51 & 52 Vict. c. 43. s. 69 ... ... 165 9. Claimant to lodge order of High Court transferring inter- pleader proceeding under 47 & 48 Vict. c. 61. s. 17. Entry for hearing ... ... ... ... ... 165 10. Claimant to lodge two copies of particulars and grounds of claim ... ... ... ... ... ... ... 166 11. Damages not to be claimed ... ... ... ... ... 166 12. Mode of trial of interpleader transferred from High Court. 47 & 48 Vict. c. 61. s. 17 166 13. Provisions for interim custody of goods, and for expediting 14. Sheriffs charges ... ... ... ... ... ... 168 15. High bailiff's charges ... ... ... ... ... 168 16. Costs of interpleader and Chancery proceedings transferred from High Court. 46 & 47 Vict. c. 61. s. 17. 51 & 52 Vict. c. 43. s. 69 ... ... ... ... ... ... 169 17. Sheriff's costs ... ... ... ... .•• ••• 169 18. Order on remitted interpleader ... ... ... ... 169 8776 c XXXIV Page 19. Transfer of action, &c., remitted from High Court, to another court, where registrar has acted for any party in High Court. 51 & 52 Vict. c. 43. s. 85 169 Oedee XXXIV. — Replevin. 1. No other cause of action to be joined ... ... ... 170 2. Particulars ... ... ... ... ... ... ••• 17^0 3. Mode of trial .. . ... ... ... ... ... ... 170 4. Where defendant succeeds in action where distress is for rent, &c. ... ... ... ... ... ... ... 170 5. Where defendant entitled to a return in damage feasant ... 170 6. Where defendant succeeds in other cases ... ... ... 170 Orber XXXV. — The Summary Procedure on Bills op Exchange, 1855, 1. Particulars of claim under 18 & 19 Vict. c. 67 ... ... 171 2. Leave to defend under 18 & 19 Vict. c. 67. s. 2 ... ... 171 3. Notice of trial to be given ... ... ... ... ... 171 4. Applications under 18 & 19 Vict. c. 67. s. 3 ... ... 171 Oedee XXXVI. — Resistey of Judgments. 1. Return of judgments in City of London Court ... ... 171 2. Note of order in Admiralty or equity to be sent ... ... 172 Order XXXVIL— Funds. 1. Payment into court in equitable actions or matters ... 172 2. Entry of payments. Payment of interest 172 3. Mode of withdrawing moneys fi-om post office savings bank 172 4. Reinvestment of interest on stocks in names of treasurer and registrar 172 5. Examination of married woman interested in fund. Settlement 1 73 6. Payment of sum due to deceased intestate, not exceeding 100/., to person entitled to take out administration ... 173 XXXV Page Order XXXVIIL — The County Courts Act, 1888, Sections e7 AND 70. The Settled Land Acts, 1882 to 1890. The Trustee Act, 1893. m 1. Proceedings by petition 2. Statement of persons to be served with petition 3. Registrar to issue notices of day of hearing of petition 4. Service of petitions a;nd notices 5. Facts to be proved by affidavit 6. Judge may direct inquiries ... 7. All parties may apply 8. Registrar to draw up order ... 9. Payment into court under 51 & 52 Vict. c. 43. ss. 67 (5), 70. 56 & 57 Vict. c. 63. s. 42 10. Affidavit 11. Costs deducted on payment into court to be taxed... 12. Evidence of trust to be left ... 13. Memorandum of filing to be indorsed 14. Evidence of trust to be compared with statements affidavit ... . •■. 15. Certificate of filing may be given ... 16. Money may be paid into post office savings bank ... 17. Transfer of stock ... ... 18. Deposit of security ... 19. Notice of deposit of security .. . 20. Transfer or deposit where no treasurer 21. Certificate of payment, transfer, or deposit to be given 22. Entries to be made in Equity Proceedings Book. Notice to parties interested ... ... ... 23. Petition by person interested in funds in court 24. Persons to be served 25. When trustee may be ordered to pay costs . . . 26. Where facts stated in affidavit only are relied on 27. Rights of all parties to be declared 28. When trustee need not appear 29. Payment to parties found entitled, and to infants on coming of age 173 174 174 174 174 174 174 175 175 175 175 176 176 176 176 176 176 177 177 177 177 177 178 178 178 179 179 179 179 8775 C2 XXXVl Pasre 30. Where there is prolixity or irrelevant matter ... ... 179 31. Petition to state whether duty has been paid or not ... 179 Order X5XIX. — Admiralty Actions. Sittings of the Court. 1. Where action may be tried ... ... ... ... ... 180 2. Undertaking for expenses of trial at place where court is not held ... ... ... ... ... ... ... 180 3. Sittings of the court in Admiralty, Special day for trial ... 180 Commencement of Action. 4. Commencement of action ... ... ... ... ... 180 5. Plaintiff may be described as owner. . . ... ... ... 181 6. Where solicitor accepts service and undertakes to appear, &c., in action {re rem ... ... ... ... ... 181 7. Solicitor not fulfilling undertaking Hable to attachment ... 181 8. Notice of commencement of action to be given to consul in certain cases ... ... ... --. ... ... 181 Particulars and Summons. 9. Particulars ... ... ... ... ... ... ... 181 10. Summons ... ... ... ... ... ... ... 182 Arrest. 11. -Affidavit to be filed ... ... ... ... ... ... 182 12. When nationality of vessel to be stated ... ... ... 182 13. When warrant for arrest may issue .. . ... ... ... 1 JLt7v/ 45. Release on payment into court or -Completion of bail ... 190 46. Release in action for salvage. . . ... ... ... ... 190 47 . Appraisement at request of plaintiff 190 48. Release of cargo ... ... ... ... ... ... 190 49. Commission recoverable on taxation ... ••• ... 191 Transfer of Action. 50. Transfer of action to High Court or another county court... 191 51. Order of High Court for transfer to be left with registrar ... 191 Second or Cross Action. 52. When costs in second or cross action may be refused ... 191 53. Cross actions may be tried together .. . ... ... ... 191 Consolidation of Actions. 63a. Consolidation of actions ... ... ... ... ... 192 Enforcement of Orders. 54. Enforcement of judgment mp^nfojiam ... ... ... 192 55. Enforcement of judgment in rem, where vessel or property released" 192 56. Enforcement of judgment in rem, where vessel or property not released 192 57. Proceedings where owners are known. 31 & 32 Vict. c. 71. s. 22. Provisions for protection of persons having interest who are not before the court 192 58. Proceedings where owners are unknown. 31 & 32 Vict. c. 71. s. 22 ... ... ... ... ... ... ... 193 59. Proceedings on discovery of owners 193 60. Service of notice on owners or persons having interest ... 193 61. Proceedings where owners cannot be ascertained ... ... 194 62. Application for rehearing, and proceedings thereon. Costs before rehearing I94 63. Oi*der for sale in default of application for rehearing ... 194 XXXIX -n ■ ■ ^^^^ Execution against Vessel or Property. 64. Issue of warrant for sale of vessel or property 194 65. Inventory and valuation; Sale 195 66. Proceeds of sale to be paid into court 195 67. Objection to account of sale, or to fees 195 68. Delivery of property to purchaser 195 69. Costs of obtaining order for sale, and of execution... ... 195 Transfer of Sale. 70. Proceedings on transfer of sale ... ... ... ... 195 71. Application for transfer of proceedings for sale ... ... 196 72. Application to be transmitted to judge 196 Tenders. 73. Provisions of Order IX. as to payment into court not to diT)T)iy ••• ••• ■•• ■■• ■•• 74. Tender 75. Notice of payment into court 76. Notice of acceptance or rejection of tender ... 77. Acceptance of tender in respect of wbole claim. 78. Acceptance of tender in respect of part of claim. 79. Acceptance of tender when accompanied by defence of tender before action. Costs 198 80. Where tender accompanied by denial of liability is not accepted. Costs ... ... ... ... ... ... 198 Payment out of Court. 81. Payment out of court to solicitor ... ... ... ... 198 82. Eetainer of moneys in court where more than one action ... 199 Appraisement. 83. Appraisement... ... ... ... ... ... ... 199 Records of the Court. 84. Inspection of records... ... ... ... 199 85. Who entitled to inspection during pendency of action ... 199 86. The like on termination of action ... 199 ■ • • 196 ... 196 • • ■ 197 • • • 197 Costs 197 Costs 197 Copies. 87. Office copies > ■ • • • Page .. 199 Assessors. 88. Payment on application for assessors by party 89. The like on requirement of judge or registrar 90. Assessors' fees on adjournment 91. Selection and summoning of assessors 92. Payment to assessors Admission of Liability. 93. Party may admit liability, except in salvage 94. Notice thereof 95. Agreement for assessment of damages by registrar Assessment of Damages. 96. Judge may order reference, except in salvage 97. Claimant to file particulars and vouchers ... 98. Registrar to appoint time for reference. Assessors 99. Registr'ar may proceed with or adjourn reference ... 100. Evidence may be given viva voce or by affidavit. Cross examination on affidavit ... 101. Report by registrar ... 102. Objection to report ... 103. Registrar to file reasons 104. Appeal from registrar's report Consent Orders. 105. Orders by consent . . . • • • • • • Subpoenas. 106. Subpoenas may be issued in blank .. 107. Service in England or Wales Service of Notices and Orders. 108.. Service. by post • ft • • • • 199 200 200 200 200 200 201 201 201 201 201 201 201 202 202 202 202 203 203 203 203 Page Costs. 109. Costs of necessary letters ... ... ... ... ... 203 110. Costs of solicitor acting as agent out of the district ... 204 111. Costs where defence, &c., which should have been pleaded is allowed at trial .. . ... ... ... ... ... 204 112. Costs where less than £20 recovered or claimed ... ... 204 113. Power to allow additional costs in important cases ... 204 Application of Order. 114. Application of Order to proceedings in Admiralty under 57 & Vict. c. 60, and other Acts 204 Order XL. — The Agricultueal Holdings (England) Acts, 1883 to 1900, &c. i. Appointment or change of guardi^. Affidavit. Applica- tions ea; par^c. Applications on notice ... ... ... 205 2. Application for order to state case ... ... ... ... 206 3. Statement of case. Signing and fihng. Fixing day for hearing. Copies of case. Order on hearing. Remitting case for restatement ... ... ... ... ... 207" 4. Apphcation for removal of arbitrator or to set aside award. Proceedings how commenced. Particulars and affidavit. Copies for judge and respondents. Fixing day of hearing by registrar. Fixing day and place of hearing by judge. Notice to parties. Service on respondents. By whom service may be effected. Mode of service. Where service effected otherwise than by bailiff. Affidavits by respondents. Attendance for cross-examination. Pro- cedure on application. Order. Where hearing is to take .place in another court ... ... ... ... .208 5. Application for. taxation of costs of arbitration. Notice of , time and place for taxation. Certificate of taxation. ... 211 6. Review of taxation by judge... ... ... ... ... 212 lii xm Page 7. Application for recovery of money awarded to be paid for compensation, &c.... ... ... ... ... ... 212 8. Proceedings for recovery of money agreed to be paid under 46 & 47 A^ict. c. 61. s. 24 ; 50 & 51 Vict. c. 26. s. 17 ; 63 & 64 Yict. c. 50. s. 2 (3) ; or for settlement of disputes under 46 & 47 Yict, c. 61. s. 46 213 Ordeb XLI. — The Friendly Societies Acts. The Building Societies Acts. The Industrial and Provident Societies Act, 1893. The Literary and Scientific Institutions Act, 1854. Winding-ui" of Building AND Industrial Societies. 1. Disputes under Friendly Societies and other Acts .. . ... 213 2. Parties ... .. ... ... ... ... ... 213 3. Particulars ... ... ... ... ... ... ... 214 4. Proceedings for enforcement of decisions on disputes given otherwise than by the court, or of awards ... ... 214 5. Application for rehef on -amalgamation, transfer of engage- ments, or dissolution of friendly society or branch ... 214 6. Application against officer of friendly society ... ... 214 7. Apphcation against officer of building or industrial society 214 8. Particulars under rules 6 and 7 ... ... ... ... 215 9. Where bond not in suit ... ... ... ... ... 215 10. Where property is required to be delivered up ... ... 215 11. Proceedings to set aside dissolution of society or branch ... 215 12. Winding-up of building and industrial and provident SOC16uI6S ••• ••• ■■• ■■« •■■ •■• ••• ^XO Order XLII. — The Succession Duty Act, 1853, Section 50. The Finance Act, 1894, Sections 10 and 14. 1. Appeals under 16 & 17 Vict. c. 51. s. 50 216 2. Delivery of statement of grounds of appeal under 57 & 58 Vict. c. 30. 8. 10 216 3. Eeply thereto... ... ... ... ... ... ... 216 xliii Page 4. Appeal by petition ... ... ... ... ... ... 216 5. Title and service of petition ... ... ... ... ' ... 217 6. Limitation of grounds of appeal ... ... ... ... 217 7. Oral evidenge . . . ... ... ... ... ... ... 217 8. Interrogatories, &c. ... ... ... ... ... ... 217 9. Amendment ... ... ... ... ... ... ... 217 10. Application for leave to appeal without payment of duty ... 217 11. Order on petition 218 12. Proceedings for determination of disputes under 57 & 58 Vict. c. 30. s. 14 218 Order XLIII. — Taxation of Charges of Returning Officers. The Parliamentary Elections (Returning Officers) Act, 1875. The Local Government Act, 1888, Section 75, Sub-section 19. 1. Application for taxation of costs of election ... ... 218 2. Notice of time and place for taxation ... ... ... 218 3. Application for examination of claim transmitted to returning officer ... ... ... ... ... ... 219 4. Notice of time and place for examination ... ... ... 219 5. Service of notices ... ... ... ... ... ... 219 6. Evidence to be oral ... ... ... ... ... ... 219 7. Order on taxation or examination of claim ... ... ... 219 8. Certificate under 49 & 50 Vict. c. 57. s. 1 220 Order XLIV. — The Emplovers Liability Act, 1880. Service of Summons. 1. Time for issue and service of summons ... ... .-. 220 2. Particulars to be filed ... ... ... ... ... 220 3. What particulars of demand shall state ... ... .. 220 Jury. 4. Notice of demand for jury ... ... ... ... ... 220 XllV Page Assessors. 5. Qualification of assessors ... ... ... ... ... 221 6. How assessors to be applied for ..< 221 7. Application made by one party only to be forwarded to tbe other party ... ... ... ... ... ... 221 8. Where both parties propose assessors ... ... ... 221 9. Applications to be forwarded to judge ... ... ... 221 10. Appointment of assessors by judge. Summoning of assessors. Refusal to appoint ... ... ... ... 222 11. Judge, whether application made or not, may appoint dtSSCSSOPS ••* ■•• ••«' ■•• ••■ ••• •■• ^u£i 12. Where assessors fail to attend ... ... ... ... 222 13. Remuneration of assessors ... ... ... ... ... 222 14. Deposit of remuneration on appUcation for assessors. Fees on adjournment ... ... ... ... ... ... 222 15. Remuneration of assessors not proposed by the parties but appointed by judge ... ... ... ... ... 223 16. Allowance to assessors when services not required .. . ... 223 17. Assessors to sit with judge ... ... ... ... ... 223 Judgment where several Plaintiffs. 18. Where more plaintiffs than one, compensation due to each to be found separately ... ... ... ... ... 223 19. Execution in such cases, and apportionment of sum J/caiXlZSCL •■• ■•• ••• •■• ••■ ■•■ ••• jujuO Ordee XLV. — The Inferior Courts Judgments Extension Act, 1882. 1. Proof that judgment is not satisfied 45 & 46 Vict, 2. When certificate shall not be granted 3. Names, &c., to be set forth in certificate 4. Indorsements on certificate ... 5. Record and efiEect of granting certificate 6. Costs of obtaining certificate 7. Indorsement of costs allowed on certificate c. 31 224 224 224 224 224 225 225 xlv Page 8. On presenting certific^ite for registration a copy to be filed 225 9. Registration of certificate ... ... ... ... ... 225 10, Costs of registration. Warrant ... 225 11. No money to be paid out except on production of sealed copy ... ... ... ... ... ... ... 226 Oeder XLVI. — The Married Women's Property Act, 1882. 1. Applications under 45 & 46 Vict. c. 75. s. 11 ... ... 226 2. Summons and particulars on application under 45 & 46 Vict. c. 75. s. 17. Costs 226 Order XLVII. -The Guardianship of Infants Act, 1886. 1. Petitions— 49 & 50 Vict. c. 27 2. Under s. 2 3. Under s. 3 by next friend 4. Under s. 3 by guardian 5. Under s. 5 by mother 6. Under s. 5 by father . . . 7 Under s. 5 by guardian 8. Service by order of judge 9. What petition must show 10. Procedure and costs ... 226 ^^1 227 227 227 227 227 227 227 Order XLVIIT. — Charitable Trusts 1. Record 2. Proceedings by private persons 3. Proceedings by Attorney General 4. Summons 5. Notice to attend proceedings 6. Service of summons and notice to attend 228 228 228 228 228 229 xm Page 7. Notice of hearing where no summons or notice to attend issued ... ... ... ... ... ... ..• 229 8. Summons and notices to be issued in certain cases .. . ... 229 9. Service by order of judge ... ... ... ... ••• 229 10. Transmission of judge's note to Charity Commissioners ... 229 11. Transmission of judge's note to Attorney General ... 229 12. Copy of proceedings to be sent to Commissioners ... ... 230 13. Fees where income of charity exceeds £10 ... ... ... 230 14. Fees where income does not exceed £10 ... ... ... 230 15. Fees where several charities joiu ... ... ... ... 230 16. Fees how calculated. 51 & 52 Yict. c. 43. s. 138 230 17. Who may appear at hearing .. . ... ... ... ... 230 18. Effect of Commissioners' order or certificate, or Attorney- General's statement ... ... ... ... ... 231 19. General practice, &c., of the court to be adopted ... ... 231 20. Registrar's duties as to trustees' accounts ... ... ... 231 The Charitable Trusts {Recovery) Act, 1891. 21. Parties to proceedings under 54 & 55 Vict. c. 17 ... ... 231 22. Notice under 54 & 55 Vict. c. 17. s. 5 231 23. Discovery ... ... ... ... ... ... ... 231 Costs, 24:. Costs ... ... ... ... ... ... ... ... ^oJ Order XLIX. — Probate and Letters of Administration. 1. Proceedings under Court of Probate Acts, 1857 and 1858 232 2. Parties where caveat lodged .. . ... ... ... ••. 232 3. Parties on application to revoke grant ... ... ... 232 4. Production of authority of High Court 232 5. Particulars ... ... ... ... ... ... ... 232 6. Intervention by person not named in summons ... ... 233 7. Notice to district registrar ... ... ... ... ... 233 8. Certificate ... ... ... ... ... ... •>• 233 xlvii Page (7« vylrCLCl* ••• ■•• ••• ■•* ■•• ••• «■• ••• jioO 10. Transmission of action from High Court ... ... ... 233 11. Costs 233 12. Practice in proceedings for which no provision made ... 233 0:&DEE L. — Proceedings undek Acts conferring Jurisdiction on THE Courts. The Indosure, ^c, Expenses Act, 1868. 1. Applications under 31 & 32 Vict. c. 89. ss. 3, 4 234 2. Costs in actions under 31 & 32 Vict. c. 89. s. 4 234 3. Non-compliance with order for delivery under 31 & 32 Vict. c. 89. s. 4 ... ... ... ... ... ... ... 234 The Solicitors' Act, 1870. 4. Applications under 33 & 34 Vict. c. 28. ss. 8, 10 234 The Ballot Act, 1872. 5. Apphcations under 35 & 36 Vict. c. 33. sched. I., rules 40, 4J.b04 ••• ••• ••• ••• ■■• ••• ••• 2204 The Local Loans Act, 1875. 6. Application for appointment of receiver under 38 & 39 Vict. c. 83. s. 12 234 7. Application for rectification of register under 38 & 39 Vict. Ca Ot>* Sa JuO ••• *•• ••• ■•• *B« •«« i^OO 8. To what court petition to be presented ... ... ... 235 The Commons Act, 1876, Section 30. 9. Proceedings under 39 & 40 Vict. c. 56 235 The Sale of Exhausted Parish Lands Act, 1876. 10. Proceedings under 39 & 40 Vict. c. 62. s. 3 235 flviii The Telegraph Act, 1878, Section 4. Page 11. Applications under 41 & 42 Vict. c. 7Q. s. 4. Particulars and affidavit. Copies for judge and respondents. Fixing day of hearing by registrar. Fixing day of hearing by judge. Notice to parties. Service on respondents. By whom service may be effected. Mode of service. Where service effected otherwise than by bailiff. Affidavits by respondents. Attendance for cross-examination. Pro- cedure on application. Award. Costs ... ... ... 236 The Inebriates Acts, 1879 to 1898. 12. Applications under 42 & 43 Yict. c. 19. s. 18 239 13. Applications under 61 & 62 Vict. c. 60. s. 12 239 The Army Act, 1881, Section 115. 14. Applications under 44 & 45 Vict. c. 58. s. 115 ... ... 239 The Allotments Extension Act, 1882. 15. Applications under 45 & 46 Vict. c. 86., sched. pars. iUa^E ••• ■•• «•• ••• ■•• ••■ ■•• ^^\J The Municipal Elections {^Corrupt and Illegal Practices) Act, 1884. 16. Applications under 47 & 48 Vict. c. 70. s. 21(6) 240 The Lunacy Act, 1890. 17. Applications under 53 & 54 Vict. c. 5. ss. 132, 300 ... 240 7'Ae Open Spaces Act, 1890. 18. Applications under 53 & 54 Vict. c. 15 240 xlix The Brine Pumping {Compensation for Subsidence) 4c#, 1891. 19. Appeals under 54 cS; 55 Vict. c. 40. s. 7 20. Entry of plaint and issue of summons 21. Practice and costs Page 240 241 241 The Merchant Shipping Act, 1894, Section 610. 22. Appeals under 57 & 58 Vict. c. 60. s. 110 23. Entry of plaint and issue of summons 24. Service of summons ... 25. Selection of assessor ... 26. Notice of selection. Hearing of objections 27. Summoning of assessor 28. Remuneration of assessor 29. Practice and costs 241 241 241 242 242 242 242 242 The London Building Act, 1894. 30. Appeals under 57 & 58 Vict. c. ccxiii. s. 91 31. Applications under 57 & 58 Vict, c, ccxiii. s. 94 ... 32. Applications under 57 & 58 Vict. c. ccxiii. s. 196 ... 242 243 243 The Money Lenders Act, 1900. 33. Proceedings under Money Lenders Act, 1900. 63 & 64 V ICb. C. ox. S. J. ••• >•■ ••• ••• ••• ••■ ^TcO The Factory and Workshop Act, 1901, Section 14, Sub-section 7. 34. Applications under 1 Edw. 7. c. 22. s. 14 (4). 243 Proceedings under other Acts. 35. Proceedings under Acts not referred to in rules 36. Application of general practice prescribed by rules... S775 244 244 d 1 i'a.ge OederLI. — The Stannaries Court (Abolition) Act, 1896. 1. Proceedings under 59 & 60 Vict. c. 45 244 Sittings of the Court. 2. Sittings of the court .. . ... ... ... ... ... 244 3. Where action may be tried ... ... ... ... ... 244 i. Undertaking for expenses of trial at place where court not .jQ.,61Ci ••■ ■•• ••■ ••• ••• ••• ••• ^^.O • Pursers^ and Creditors' Suits Abolished. 5. Pursers' and creditors' suits abolished ... ... ... 245 Winding-up of Companies. 6. Proceedings for winding-up of companies ... ... ... 245 7. Costs of solicitors, counsel, and witnesses in winding-up CclS6S ••• ■■• ••■ ••■ •■■ ••• ••• 2j^0 Actions or Matters within Limits of County Court Jurisdiction. 8. Proceedings in cases within limits of county court juris- diction ... ... ... ... ... ... ... 246 9. Transfer of actions jfrotti one court to another for hearing, and re-transfer after hearing. 51 & 52 Vict. c. 43. s. bo 246 Actions or Matters beyond Limits of County Court Jurisdiction. 10. Proceedings in cases beyond limits of county court juris- diction ... ... ... ... ... ... ... 247 11. Proceedings, how intituled ... ... ... ... ... 247 12. Actions to be commenced by plaint ... ... ... 247 13. Matters to be stated in praecipe and particulars ... ... 247 14. Plaint and summons .. . ... ... ... ... ... 247 15. Return day of ordinary summons ... ... ... ... 248 16. Particulars ... ... ... ... ... ... ... 248 17. Service of summons, and proof thereof ... ... ... 248 Il Page' 18. Time, of service of ordinary summons ... ... .., 248 19. Fixing trial of default summons where notice given of intention to defend ... ... ... ... ... 248 20. Appearance to ordinary summons ... ... ... ... 249 21. Appearance or notice of defence. Address for service ... 249 22. Settlement of issues to be tried ... ... ... ... 249 23. Objection to jurisdiction ... ... ... ... ... 249 24. Notice of demand for jury ... ... ... ... ... 250 25. General provisions as to proceedings ... ... ... 250 26. Procedure of High Court (except under Order XIV.) to ap]ply where no other provision made ... ... ... 250 27. Provisions as to proceedings commenced under ordinary jurisdiction which should have been commenced under Stannaries jurisdiction,' and m'ce ?;ersa ... ... ... 250 28. Costs of actions under Stannaries jurisdiction ... ... 251 Order LII. — Fines. Neglect ok Misconduct of Officers. Committal foe Contempt. Enforcement of Fines. The County Courts Act, 18s8, Sections 48, 49, 50, 102, 112, 162 AND 167. The Summary Jurisdiction Acts. 1. Issue and service of summons on complaint of assault or rescue under 51 & 52 Vict. c. 43. s. 48 ... ... ... 251 2. Witnesses and costs ... ... ... ... ... ... 252 3. Order. Enforcement of order ... ... ... ... 252 4. Summons for neglect, &c., under s. 49, or extortion, &c., under s. 50 ... ... ... ... ... ... 252 0. vJrcier ... ... ... ... ... ... ... ..• juod 6. Fine on juror under s. 102 may be remitted on cause shown 253 7. Order under s. Ill, imposing fine* on witness. Enforce- ment of order ... ... ... ... ... ... 253 8. Committal or fine for contempt of court. 51 & 52 Vict. c. 43. s. 162 ... 254 9. Report by registrar to judge if fine not. paid ... ... 254 10. Proceedings in default of payment of fine ordered to be . paid by instalments ... ... ... ... ... 254 8775 d 2 lii Pa^e Obdee LIII. — Costs and Allowances to Witnesses. Taxation. 1. Taxation of costs. Scales of costs ... ... ... ••• 254 2. Costs, when to be taxed. Delivery of bill .. . ... ••■ 254 3. Notice of taxation ... ... ... ... ... ... 255 4. Forms of bills of costs ... ... ... ... ... 255 5. Party dissatisfied to make objections in writing ... ... 255 6. Review of taxation upon objections .. . ... ... ... 255 Allowance of Costs by Judge. 7. How order for particular costs to be made and obtained. 51 & 52 Vict. c. 43. 8. 119 255 8. Allowance of special items in certain cases ... ... ... 256 9. Judge's certificate for costs. 51 & 52 Vict. c. 43. s. 119 ... 256 10. Solicitor's costs where counsel allowed before arbitrator, &c. 256 As to Scale. 11. In special actions. 51 & 52 Vict. c. 43. ss, 59-61, 133 ... 256 12. Costs in equitable proceedings were subject-matter does not exceed £20 ... ... ... ... ... ... 257 13. Actions for recovery of possession. 51 & 52 Vict. c. 43. ss. 138, 139 257 14. Jurisdiction by consent. 51 & 52 Vict. c. 43. s. 64 ... 257 15. Interpleader proceedings ... ... ... ... ... 257 16. Costs where counter-claim raised and tried .. . ... ... 257 17. Where plaintiff recovers less than claim ... ... ... 258 18. Defendant's costs ... ... ... ... ... ... 258 19. Fees where party recovers less than he claims ... ... 258 General Directions. 20. No costs allowed if not sanctioned^by scale ... ... ..- 258 21. Discretion of registrars ... ... ... ... ... 258 22. Where costs unnecessarily incurred. Where solicitor from a distance employed... ... ... ... ... ... 258 23. Discretionary fees and allowances ... ... ... ... 259 24. Where separate judgments against defendants ... ... 259 liii Page 25. Costs of solicitor appearing in person as plaintiff or defendant ... ... ... ... ... ... ... 259 26. Costs of solicitor where counsel employed but not allowed 259 At, r olio ... ... ... ... ... ... ... ... Zov 28. Sale of real property .. . ... ... ... ... ... 259 29. Costs o£ person in fiduciary, &c., position ... ... ... 260 30. Costs out of estate ... ... ... ... ... ... 260 31. Costs as regards particular shares ... ... ... ... 260 32. Distribution not to be delayed by difficulties as to some shares ... ... ... ... ... ... ... 260 33. Disallowance of costs of improper, vexatious, or unnecessary matter in documents or proceedings ... ... ... 260 34. Set-off of costs ... ... ... ... ... ... 261 35. Disallowances where bill reduced by a sixth ... ... 261 36. Delivery of bill to client where costs to be paid out of a fund 261 Witnesses. 37. Allowances to witnesses for attendance 38. Plaintiff not entitled except in certain cases 39. Travelling expenses ... 40. When attending in more than one case 41. Costs of witnesses not summoned ... 42. Compensation to seamen 43. Allowances to expert or scientific witnesses 44. Allowances for proof and costs of plans, &c. ... 262 .. 262 ... 262 .. 262 .. 262 .. 263 .. 263 The Rivers Pollution Prevention Acts, 1876 and 1893, 45. Costs imder Rivers Pollution Prevention Acts, 1876 and 1893. 39 & 40 Yict. c. 75. 56 & 57 Vict. c. 31 I Taxation as between Solicitor and Client. 46. Taxation as between solicitor and client, c. 43. s. 118 -■ 51 & 52 Vict. 263 264 Review of Taxation by Judge. 47. Applicatibh for review of taxation by judge 265 liv Okdeb liv. — Geneeal Provisions. Page 1. Party may act by solicitor or agent .. . ... ... ... 265 2. Service of notices, &c., where no mode of service prescribed 265 3. Service by or upon solicitor acting for party ... ... 265 4. Solicitor may give notice that he is acting. Service by or on such solicitor ... ... ... ... ... ... 266 5. Practice on service by solicitor ... ... ... ... 266 6- Change of solicitor. 51 & 52 Vict., c. 43. s. 72. Notice... 266 7. Solicitors to sign a roll ... ... ... ... ... 267 8. No notice of employment of counsel or solicitor required ... 267 9. Newspaper advertisements ... ... ... ... ... 267 10. Advertisements for London Gazette ... ... ... 267 11. Conduct of action ... ... ... ... ... ... 267 12. Enlargement or abridgement of time ... ... ... 267 13. Filing of documents and copies for service ... ... ... 268 14. Sealing of documents ... ... ... ... ... 268 15. Notices to be in writing ... ... ... ... ... 268 16. Form of notices ... ... ... ... ... ... 268 17. Computation of periods not exceeding 48 hours ... ... 268 18. When time for doing any act expires on day when offices are closed ... ... ... ... ,.. ... ... 268 19. When process may not be served, and need not be issued. Computation of time for service ... ... ... ... 269 20. Transmission of notices, &c., by post ... ... ... 269 21. Notices by post delivered after office hours ... ... 269 22. Use of forms in Appendix. Where no forms prescribed ... 269 23. Rules and forms to be adhered to ... ... ... ... 269 24. Non-comphance with rules not to render proceedings void 269 '25. Application to set aside proceedings for irregularity ... 270 26. Duphcate of warrant, &c., lost or destroyed ... ... 270 Order LV. — Interpretation of Terms. Interpretation ... ... ... ... ... ... ... 270 w REFERENCE TABLE, Showing relation between Old and New Rules, Old. "New. New. Old. Order I Order I. Order I. ORDEfi I. Rules 1-3 Rules 1-3. Rules 1-3 Rules 1-3. Rule 3a [Dec. '89] Rule 4. Rule 4 Rule 3a [Dec. '89]. Rule 4 Rule 5. Rule 5 Rule 4. Order II. Order II. Order II. Order II. Rules 1-9 Rules 1-9. Rules 1-9 ... Rules 1-9. Rule 10a [Feb. '92] ... Rule 10. Rule 10 Rule 10a [Feb. '92]. Rules 11-21 Rules 11-21. Rules 11-21 ... Rules 11-21. Rule 21a [Feb. '92] Rule 22. Rule 22 Rule 21a [Feb. '92]. Rule 22 Rule 23. Rule 23 Rule 22. Rule 23a [Feb. '92] ... Rule 24. Rule 24 Rule 23a [Feb. '92]. Rule 24 Rule 25. Rule 25 Rule 24. Rule 24a [May '99] Rule 26. Rule 26 Rule 24a [May '99]. Rule 25 Rule 27. Rule 27 Rule 25. Rules 25a, 26a [Feb. '92] Rules 28, 29. Rules 28, 29 ... Rules 25a,26a[Feb.'92] Rules 27-31 Rules 30-34. Rules 30-34 ... Rules 27-31. Rule 32a [Apil '95] ... Rule 35. Rule 35 Rule 32a [April '95] Rules 33-38 Rules 36-41. Rules 36-41 ... Rules 33-38. Order III. Ordei?, III. Orde^ III. Ordeb IIJ. Rule la [Pec. '96] Rule 1. Rulel Rule la [Deo. '96]. Rules 2-8 Rules 2-8, Rules 2-8, Rules 2-8. Ivi REFERENCE TABLE— continited. Old. New. New. Old. Ordbb III. Order III. Order III Order III. Ru^es 9-ia Rules 10-13. Rule 9 [new]. Rules 13a, 14a [Feb. '92] Rules 14, 15. Rules 10-13 ... Rules 9-12. Rule 15 [annulled]. Rules 14, 15 ... Rules 13a,14a[Feb.'92]. Rule 16a [Feb. '92] ... Rule 17. Rule 16 [new]. Rule 17 Rule 18. Rule 17 Rule 16a [Feb. '92]. Rules 18-21 Rules 20-23. Rule 18 Rule 17. Rules 22-26 Rules 25-29. Rule 19 [new]. Rules 27-29 Rules 32-34. Rules 20-23 ... Rule 24 [new]. Rules 18-21. Order IV. Order IV. Rules 25-29 ... Rules 22-26. Rules 1-7 Rules 1-7. Rules 30, 31 [new]. Rules 32-34 ... Rules 27-29. Order V. Order V. Rule la [July '92] Rule 1. Order IV. Order IV. Rules 2, 3 Rules 2, 3. Rules 1-7 Rules 1-7. Rule 4a [Feb. '92] Rule 4. Rule ib [May '99] Rule 5. Order V. Order V. Rule 5 Rule 6. Rulel Rule la [July '92]. Rules 5a, 5* [June '96] Rules 7, 8. Rules 2, 3 Rules, 2, 3. Rules 6-8 Rules 9, 10,12. Rule 4 Rule 4a [Feb. '92]. Rule 9a [Feb. '92] ) Rules Rule 46 [May '99]. Rule 95 [April '95] i Rule 13. Rule 6 Rule 5. Rule 9b (1) [June '96] ... ] Rules 7, 8 ... ftules5a,56[Jtine'96]. Rule 9c [April '95] Rule 14. Rules 9, 10 ... Rules 6, 7. Mi REFERENCE TABLE— continued. Old. New. New. Old. Order V. Order V. Order V. Order V. Rule 10 Rule 15. Rule 11 [new]. Rules 11a, 12a, 126 [May Rules 16, 17, Rule 12 Rule 8. '99]. 18. Rule 13 Rule 19. Rule 13 Rules 9a [Feb '92], 96 [April '95], 96 (1) [June '96]. Rule 14 ... Rule 9c [April '95]. Order VI. Order YI. — — Rule 15 Rule 10. Rule la [Feb. '92] Rule I. Rules 16-18 ... Rules 11a, 12a, 126, Rule 2 Rule 2. [May '99]. Rule 19 Rule 13. Rule 3 [annulled]. Rules 4-9 Rules 3-8. Order VI. Order VI. Rule 10a [Feb. '92] ... Rule 9. — — Rulel Rule la [Feb. '92]. Rules 2-8 Rules 2, 4-9. Order VII. Order VII. Rule 9 Rule 10a [Feb. '92]. Rules 1,2 Rules 1, 2. Rule 3a [Feb. '92] Rule 3. Order VII. Order VII. Rules 4^6 Rules 4-6. Rules 1,2 Rules 1, 2. Rule 6a [June '96] Rule 7. Rule 3 Rule 3a [Feb. '92]. Rule 7 Rule 8. Rules 4-6 Rules 4-6. Rule 8 [amended May '99] Rule 9. Rule 7 Rule 6a [June '96]. Rules 9a 96, 9c [Feb. '92] Rule 10-12. Rule 8 Rule 7. Rules 10, 11 Rules 13, 14. Rule 9 Rule 8 [amended May '99]. Rules 9a, 96, 9c [Feb. '92]. Rules 10,. 11. Rules 12a, 13a [Feb. '92] Rules 15, 16. Rules 10-12 ... Rules 14-22 Rules 17-25. Rules 13, 14 ... Rule 23 Rules 15, 16 ... Rules 12a, 13a, [Feb. 1 Rule 26. •92.] Rttle 23a [May '99] ... i — -\ , 1 ■■ Rules 17-25 ...« Rules 14-22. Iviii REFERENCE TABLE— continued. Qld. New. New. Old. Order VII. Order VII. Order VII. Orpbb VII. Rule 24 Rule 27. Rule 26 Rules 23, 23a [May '99.]. Rule 25 [annulled]. Rules 27-31 ... Rules 24, 26, 27, 29, 29«. Rules 26, 27 Rules 28-29. Rule 32 Rule 29b [April '95]. Rule 28 [annulled]. Rule 33 Rule 30. Rules 29, 29a Rules 30-31. Rule 34 Rule 31 [July '92]. Rule 29& [April '95] ... Rule 32. Rule 35 Rule 32. Rule 30 Rule 33. Rule 36 Rule 33a [Feb. '92]. Rule 31 [July '92] Rule 34. Rules 37-39 ... Rules 34-36. Rule 32 Rule 35. Rule 40 Order LI., Rule 6. Rule 33a [Feb. '92] Rule 36. Rules 41-49 ... Order LI., Rule 23. Rules 34-36 Order VIIa. Rules 37-39. Order VII. Rules 50-54 ... Rules 55, 56 [new]. Order VIIa., Rules 1-5 [May '99]. Rules 1-5 [May 99] Rules 50-54. Order VIII. Order VIIL Order Vlll. Rules 1-8 Order VIII. Rules 1-8. Rules 1-8 Rule 9 Rules 1-8. Rule 9 [June '96]. Rule 9 [June '96] Rule 9. Order IX. Order IX. Order IX. Rules 1, 2 Rule & [April '95, amended May '99]. Rules 3-10 Rule 11 [atnended June '96]. Order IX. Rules 1, 2. Rule 3. Rules 4-11. Rule 12. Rules 1, 2 Rule 3 Rules 4-11 ... Rule 12 Rule 13 Rules 14^16 ... Rules 1, 2. Rule 2a [.April '95, amended May '93]. Rules 3-10. Rule 11 [amended June '96]. Rule 12a [June '96]. Rules 13-15. lix REFERENCE TABLE— continued. Old. New. New. Old. Order IX. Order IX. Order IX. Order IX. Rule 12a [June '96] ... Rule 13. Rule 17 Rule 16a [July '92]. Rules 13-15 Rules 14-16. Rule 18 Rule 17. Rule 16a [July '92] ... Rule 17. Rule 19 Rule 17a [May '99]. Rule 17 Rule 18. Rule 20 [new]. Rule 17a [May '99] ... Rule 19. Rules 21-24 ... Rules 18-21. Rules 18-21 Rules 21-24. Rule 25 Rule 22 [Feb. '92]. Rule 22 [Feb. '92] Rule 25. Rule 26 Rule 23 [June '96]. Rule 23 [June '96] Rule 26. Order X. Order X. Order X. Order X. Rules 1-13 ... Rules 1-13. Rules 1-13 Rules 1-13. Rule 14 Rule 14a [April '95]. Rule 14a [April '95] ... Rule 14. Rules 15-17 Rules 15-17. Rules 15-17 Rule 18a [Feb. '92, amended Noy. '00]. Rules 19-22 Rules 15-17. Rule 18. Rules 19-22. Rule 18 Rules 19-22 ... Rule 18a [Feb. '92, amended I^^ov. '00]. Rules 19-22. Rules 23, 24 [annulled Feb. '92]. Order XI. Rule 1 Order XI. Rule 1 [amended Nov. '00]. Rule 2. Order XI. Order XI. Rules 2, 3 Rule 1 [amended Nov. '00] Rule 1. Rules 4-6 ... Rules 3-5. Rule 2 Rules 2, 3. Rules 3-5 Rules 4-6. Order, XII. Order XII. Order xil. Order XII. Rules 1-4 Rules 1-4. Rules 1-4... - IJules 1^4. Rule 5 Rule 10. Rule 5a [July '92] Rule 6- Rule 6 Rule 5a [July '92]. - Ix REFERENCE TABLE— continued. Old. New. New. Old. Order XII. Order XII. Order XII. Order XII. Rule 6 Rule 7. Rule 7 Rule 6. Rules 7, 8 Rule 8. Rule 8 Rules 7, 8. Rule 9 Rule 9. Rule 9 Rule 9. Rule 10 Rule 5. Rule 10 Rule 10a [Nov. '00]. Rule 10a [Nov. '00] ... Rule 11a [Feb. '92, amended July '92]. Rule 12 [amended Nov. '00]. Rules 13-15 Rule 10. Rule 11. Rule 12. Rule 11 Rule 12 Rules 13-15 .. Rule 11a [Feb. '92, amended July '92]. Rule 12 [amended Nov. '00]. Rules 13-15. Rules 13-15. Rule 16 [Nov. '00] [omitted]. Order XIII. Order XIII. Rules 1,2 Rules 1, 2. Order XIII. Order XIII. Rule 3 Rule 2a [May '99]. Rules 1,2 Rules 1, 2. Rules 4-7 Rules 3-6. Rule 2a [May '99] Rule 3. Rule 8 Rule 6a [May '99]. Rules 3-6 Rules 4-7. Rules 9, 10 ... Rules 7, 8. Rule 6a [May '99] Rule 8. Rules 11-14 ... Rules 9-12j[May '99]. Rules?, 8 Rules 9, 10. Rules 9-12 [May '99] .. Rules 11-14. Order XIV. Order XIV. Rules 1-8 ... Rules 1-8. Order XIV. Order XIV. Rules 9-12 ... Rules 10-13. Rules 1-8 Rules 1-8. Rule 13 Rule 13a [April '95]. Rule 9 [omitted]. Rule 14 Rule 14. Rules 10-13 Rules 9-12. Rules 13a [April '95] ... Rule 13. Order XV. Order XV. Rule 14 Rule 14. Rules 1-6 Rules 1-6. Ixi REFERENCE TABLE— continued. Old. New. New, Old. Order XV. Order XV. Order XVI. Order XVI. Rules 1-6 - Rules 1-6. Rules 1-18 ... Rules 1-18. Order XVI. Rules 1-18 Order XVI. Rules 1-18. Rules 19, 20 [new]. Rules 21-24 ... Rule 25 Rules 19-22. Rule 23 [May '99]. Rules 19-22 Rules 21-24. Rule 23 [May '99] Rule 25. Order XVII. Order XVII. Rulel Rule 1. Order XVII. Rulel Rule 2 [amended Nov. 1900]. Rules 3-5 Order XVII. Rule 1. Rule 2. Rules 3-5. Rule 2 Rules 3-5 Rule 6 Rules 7-9 Rule 2 [amended Nov. 1900]. Rules 3-5. Rules 6, 7. Rules 8-LO. Rules 6, 7 Rules 8-10 Rule 6. Rules 7-9. Order XVIII. Rulel Rule 2 [new]. Order XVIII. Rule a. Order XVIII. Rules 1,2 Order XVIII. Rules 3, 4. Rules 3, 4 Rules 5-12 ... Rules 1, 2 ; Order Lb., Rule 7 [April '95]. Rules 4-11. Rule 3 Rules 4-11 Rule 1. Rules 5-12. Rules 13 - 15 [new]. Rules 16-32 ... Rules 12-28. Rules 12-28 Rules 16-32. Order XIX. Order XIX. Order XIX. Order XIX. Rulel Rule 1. Rulel Rule 1. Rule 2 Rule 2a [Feb. '92]. Rule 2a [Feb. '92] Rule 2. Rules 3-5 Rules 3-5. Ixii REFERENCE TABLE— continued. Old. New. New. Old. Order Xix. Order XIX. Order XIX. Order XIX. Rules 3-5 Rules 3-5. Rule 6 [new]. ' Rules 6-9 Rules 7-10. Rules 7-10 ... Rules 6-9. Rule 10 Rule 14. Rules 11 - 13 [new]. Rule 14 Rule 10. Order XX. Order XX. — — Order XX. Order XX, Rulel Rule 1. — Rule 1 Rule 1. Order XXI. Order XXI. Order XXI. Order XXI. Rules 1-13 Rules 1-13. Rules 1-13 ... Rules 1-LS. Order XXII. Order XXII. Order XXII. Order XXII. — — — — Rules 1-4 Rules 1-4. Rules 1-4 Rules 1-4. V Rule 5 Rule 4a [June '96]. Rule 4a [June '96] Rule 5. Rules 6-8 ... Rules 5-7. Rules 5-7 Rules 6-8. Rule 9 Rule 7a [May '99]. Rule la [May '99] Rule 9. Rule 10 [new]. Rule 8 [annulled May '99]. Rule 11 Rule 9. Rule 9 Rule 11. Rule 12 [new]. Rules 10, 11 Rules 13, 14. Rules 13, 14 .. Rules 10, H. Rules 12-21 Rule 16-25. Rule 15 [new]. Order XXIII. Order XXIII. Rules 16-25. Rules 12-21. Rule 1 Rule 1. Rule 1 (1) [May '99] ... Rule 2. Order XXIII. Order XXIII. Rule la [April '95] ... Rule 3. Rulel Rule 1. Rule 16 [May 199] . .. ". Rule 2. Rule 2 Rules 1(1), 16 [May '991. Ixiii REFERENCE TABL'E— continued. Old. New. New. Old. • Order Order XXIII. Order XXIII. Order XXIII. XXIII. — — — Rule 3 Rule ia [April '95]. Rules 2-5 Rules 4-7. Rules 4-7 Rules 2-5. Rule 6a [Feb. '92] Rule 8. Rule 8 Rule 6a [Feb. '92]. Rule? Rule 10. Rule 9 [new]. Rule 8a [Feb. '92] Rule 11. Rule 10 Rule 7 Rule 86 [Nov. 1900] ... Rule 12. Rule 11 Rule 8a [Feb. '92]. Rule 9a [Feb. '92] Rule 13. Rule 12 Rule 86 [Nov. '00]. Rules 10-12 Rules 16-18. Rule 13 Rule 9a [Feb. '92]. Rule 13 Rule 23. Rule 14 Rule 14 [amended May Rule 14 [amended May Rule 14. '99]. '99]. Rule 15 [new]. Rules 16-18 ... Rules 10-12. Order XXIV. Order XXIV. Rules 19 - 22 — — [new]. Rules 1-3 Rules 1-3. Rule 23 Rule 13. Rule 4 Rule 8. Order XXIV. Order XXIV. Rules 5-13 Rules 13-21. — Rules 1-3 ... Rules 1-3. Rule 14 Rule 23. Rules 4-7 [new] Rule 15 Rule 27. Rule 8 Rule 4. Rule 16 Rule 31. Rules9-12[new] Rules 17, 18 Rules 33, 34. Rules 13-21 ... Rules 5-13. Rule 19 Rule 37. Rule 22 Order LI., Rule 13. Rule 23 Order XXIV., Rule 14. Order XXV. Order XXV. Rules 24, 25 ... Order LI., Rule 13. Rule 1 Rule 1. Rule 26 Order LL, Rule 14. Rule 2 Rule 4. Rule 27 Order XXIV., Rule 15. Ixiv REFERENCE TABLE— continued. . Old. New. New. Old. Order XXV. Order XXV. Order XXIV. Order XXIV. Rule 3a [Feb. '92] Rules 4, 5 Rule 5. Rules 6, 7. Rules 28-30 [new]. Rule 31 Rule 16. Rule 6 Rule 10. Rule 32 [new]. Rule In [May '99] Rule 8. Rules 33, 34 ... Rules 17, 18 Rule 7a [Nov. '00] Rules Rule 9. Rule IL. Rules 35, 36 [new]. Rule 37 Rule 19. Rules 8a, 86, 9a, 10« [Feb. '92]. Rules 12-15. Order XXV. Order XXV. Rule 106 [Nov. '00] ... Rule 16. Rule 1 Rule 1. Rules 11, 12 Rules 17, 18. Rules 2, 3 [new]. Rule 12a [Feb. '92] ... Rule 24. Rule 4 Rule 2. Rule 12M [April '95] ... Rule 19. Rule 5 Rule 3a [Feb. '92]. Rule 12c [Feb. '92] Rule 20. Rules 6, 7 Rules 4, 5. Rule 12c (1) [May '99]... Rule 22. Rule 8 Rule 7a [May '99]. Rule 12q! [Feb. '92] ... Rule 21. Rule 9 Rule 7a [Nov. '00]. Rule 12e [May '99] Rule 23. Rule 10 Rule 6. Rule 13 Rules 25(1), 26 (1). Rule 26 (2). Rule 27. Rule 11 Rule 8. Rule 14a [Feb. '92] ... Rule 146 [July '92] ... Rules 12-15 ... Rule 16 Rules 8a, 86, 9a, 10a [Feb. '92]. Rule 106 [Nov. '00]. Rule 15 Rule 28. Rules 17, 18 ... Rules 11, 12. Rule 16 [amended May '99]. Rule 17 [amended May '99]. Rule 29. Rule 19 Rule 1266 [April '95] Rule 30. Rule 20 Rule 21 Rule 12c [Feb. '92]. Rule 12d [Feb. '92]. Rules 18, 18a [April '95] Rule 31 (1). Rule 22 Rule 12c (1) [May '99]. Rule 19 Rule 32. Rule 23 Rule 12e [May '99]. Ixv REFERENCE TABIjE— continued. Old. New. New. Old. Order XXV. Order XXV. Order XXV. Order XXV. Rule 20a [Feb. '92] ... Rule 33. Rule 24 Rule 12a [Feb. '92]. Rule 21a [Nov. '00] ... Rule 34. Rule 25(1) ... Rule 13. Rules 22-25 Rules 35-38. Rule 25 (2, 3) [new]. Rule 26 Rule 40. Rule 26(1) ... Rule 13. Rule 27 Rule 39. Rule 26 (2) ... Rule 14a [Feb. '92]. Rules 28-31 Rules 41-44. Rule 26 (3) [uew]. Rule 32a [Feb. '92] Rule 45. Rule 27 Rule 146 [July '92]. Rule 33 Rule 46 (4). Rule 28 Rule 15. Rules 34-38 Rules 48-52. Rule 29 Rule 16 [amended May '99]. Rule 17 [amended May Rule 38aa [April '95] ... ) Rule 30 \ Rule 53. '99]. Rule 38aa (1) [May '99] ) Rule 31(1) ... Rules 18, 18a [April '95]. Rule 3866 [April '95] ... Rule 54. Rule 31 (2, 3) [new]. . Rules 38c, 39a [April '95] Rules 55, 56. Rule 32 Rule 19. Rules 40a, 406, 41a, 42a, Rules 57-61. Rule 33 Rule 20a [Feb. '92]. 426 [Feb. '92]. Rules 43-51 Rules 62-70. Rule 34 Rule 21a [Nov. '00]. Rule 52 [Feb. '92] Rule 71 (1). Rules 35-38 ... Rules 22-25. Rule 39 Rule 27. Order XXVIa. [Feb. '92] Order XXVI. — — Rule 40 Rule 26. Rules 1-4 Rules 1-4. Rules 41-44 ... Rules 28-31. Rule 5 Rule 5. Rule 45 Rule 32a [Feb. '92]. Rule 6 Rules 5, 6. Rule 46 (1-3) Rule 7 Rule 7. [new]. Rule 46 (4) ... Rule 33. Rules 8, 9 Rule 8. Rule 47 [new]. Rules 10-13 Rules 9-12. Rules 48-52 ... Rules 34-38, Rule 14 Rule 14. 8775 Jixvi REFERENCE TABUi -continued. Old. New. New. Old. Order Order XXV. Order XXV. Order XXVII. XXVII. — — — Rule 53 Rules 38aa [April '95], Rule 1 [amended June Rule 1. 38aa (1) [May '99], '96]. Rule 54 Rule 38&6 [April '95]. Rule la [Aprir95] Rule 1. Rule 55 Rule 38c [April '95]. Rule 16 [Dec. '96] Rule 2. Rule 56 Rule 39a [April '95]. Rules 2, 3 Rules 3, 4. ^ V Rules 57-61 ... Rules 40a, 40&, 41a Rule 4a [Feb. '92] Rule 5. 42a, W? [Feb. '92]. Rules 62-70 ... Rules 43-51. Rules 5-11 Rules 6-12. Rule 71(1) '... Rule 52 [Feb. '92]. Rule 12a [Feb. '92] ... Rule 13. Rule 71 (2-4) Rule 12& [April '95] ... Rule 14. [new]. Rules 72, 73 Rule 13a [June '96] ... Rule 15. [new]. Order XXVIa. Order XXVI. [Feb. '92.] Order Rules 1-4 Rules 1-4. Order XXVIII, XXVIII. — — Rule 5 Rules 5, 6. Rules 1-3 Rules 1-3. Rule 6 Rule 6. Rule 7 Rule 7. Order XXIX. Order XXIX. Rule 8 Rules 8, 9. Rules 1-6 Rules 1-6. Rules 9-12 ... Rule 13 [new]. Rules 10-13. Rule 14 Rule 14. Order XXX. Order XXX. — — Rules 15-17 Rules 1-12 Rules 1-12. [new]. Order XXVII. Order XXVII. Rule 1 [amended June Order XXXI. Order XXXI. Rulel... '96]. — — I Rule la [April '95]. Rule la [Feb. '92] Rule 1. Rule 2 Rule 16 [Dec. '96]. Rule 2 Rule 2. Rules 3, 4 Rules 2. 3. Ixvii REFERENCE TABLE— coniinued. Old. New. New. Old. Order XXXII. Rules 1-4 Order XXXII. Rules 1-4. Order XXVII. Rule 5 Rules 6-12 ... Order XXVII. Rule 4a [Feb. '92], Rules 5-11. Order XXXIII. Order XXXIII. Rule 13 Rule 14 Rule 12a [Feb. '92]. Rule 126 [April 95]. Rules 1-8 Rules 1-8. Rule 15 Rule 13a [June '96]. Rule 9 (1) [May '99] ... Rule 9a (1) [May '99] ... Rule 96 [April '95] ■ ... Rule 9. Rule 10. Rule 11. Order XXVIII. Rules 1-3 Order XXVIII. Rules 1-3. Rule 10a (1) [May '99]... Rule 12. Order XXIX. Order XXIX. Rule lOaa [May '99] ... Rule 13. Rules 1-6 Rules 1-6. Rule 10& [July '92] Rule lOc [April '95] ... Rule 11 Rule 16. Rule 18. Rule 17. Order XXX. Rules 1-12 ... Order XXX. Rules 1-12. Rule 11a [May '99] ... Rule 14. Order XXXI. Order XXXI. Rule lib [May '99] ... Rule 15. Rule 1 Rule la [Feb. '92]. Rule 12 [June '96] « Rule 19. Rule 2 Rule 2. Order XXXIV. Order XXXIV. Order XXXII. Rules 1-4 ... Order XXXII. Rules 1-4. Rulesl-6 Rules 1-6. Order XXXIII. Order XXXIII. Rules 1-8 Rules 1-8. Order XXXV Order XXXV. Rule 9 Rule 10, Rule 9 (1) [May '99]. Rule 9a (1) [May '99]. Rules 1-3 Rules 2-4. Rule 11 Rule 96 [April '95]. Rule 4 [Feb. '92] Rule 1. Rule 12 Rule 10a (1) [May '99]. Ixviii REFERENCE TABL'E -contitiued. Old. New. New. Old. Obdbr XXXVI. Rules 1,2 Order XXXVI. Rules 1, 2. Order XXXIII. Rule 13 Rule 14 Order XXXIII. Rule lOaa [May '99]. Rule 11a [May '99]. Order XXXVII. Order XXXVII. Rule 15 Rule 16 Rule 116 [May '99]. Rule 106 [July '92]. Rules 1--5 Rules 1-5. Rule 17 Rule 11. Rule 18 Rule 10c [April '95]. Order XXXVIII. Order XXXVIII. Rule 19 Rule 12 [June '96]. Rulel Rule 1. Order XXXIV. Order XXXIV. Rules 2-29 Rules 3-30. Rules 1-6 Rules 1-6. • Order XXXV. Order XXXV. Order XXXVIIIa. [1895.] Rules 1-10 Order XLII. Rules 2-11. Rulel Rules 2-4 Rule 4 [Feb. '92]. Rules 1-3. Rule 11 [Nov. 1900] ... Rule 12. Order XXXVl. Order XXXVI. Rules 1, 2 Rules 1, 2. Order XXXVIIIb. [April '95.] Order XLIII. Order XXXVII, • Order XXXVII. Rules 1-7 Rules 1-7. Rules 1-5 Rule 6 [new]. Rules 1-5. Order XXXIXa. [Dec. '89.] Order L. Order XXXVIII. Order XXXVIIl, Rules 1-4 Rules 23-26. Rule 1 Rule 1. RiileS Rule 29. Rule 2 [new]. Rule 6 Rule 30. Rules 3-30 ... Rules 2-29. Rti16 7 [Not. 1900] Rule 23. Rule^ol [new]. Ixix REFERENCE TABL'E— continued. Old. New. New. Old. Order XXXIXb. [Feb. '92.] Order XXXIX. Order XXXIX. Rules 1-6 Order XXXIXb. .[Feb. '92.] Rules 1-6. Rules 1-6... Rules 1-6. Rule 7 [new]. Rule 7 Rule 8. Rule 8 Rule 7. Rules 8a (1), 86 (1) [May '99]. Rules 9-21 Rules 9, 10. Rules 11-23. Rules 9, 10 ... Rules 11-23, ... Rules 8a (1), 86 (1) [May '99]. Rules 9-^1. Rules 22a, 2.3a [May '99] Rules 35, 36. Rules 24-34 Rule 24 Rule 37. [new]. Rules 35, 36 ... Rules 22a, 23a [May Rules 25-28 • Rules 39-42. Rule 37 '99]. Rule 24. Rules 29-32 Rules 44-47. Bule 38 [new]. ■ Rules 33-36 Rules 50-53. Rules 39-42 ... Rules 25-28. Rules 37a-37e, 38a, 39a- 39« [May '99]. Rule 40 [amended Nov. '00]. Rule 41 Rules 54-64. Rule 65. Rule 43 [new]. Rules 44^47 ... Rules 29-32. Rule 66. Rules 48, 49 Rule 42 Rule 68. [new]. Rules 50-53 ... Rules 33-36. Rule 43a [May '99] ... Rule 69. Rule 53a. [new]. Rules 44-46 Rul'e47 Rules 48a-48c, 49a, 50a- 50d [May '99]. Rules 51-63 Rules 70-72. Rules 32 (3), 111. Rules 73-80. Rules 81-93. Rules 54-64 ... Rule 65 Rule 66 Rule 67 [new]. Rules 37a-37e, 38a, 39a-39e [May '09]. Rule 40 [amended Nov. '00]. Rule 41. Rule 64 Rules 94, 95. Rule 68 Rule 42. Rules 65-80 Rules 96-110, = 112. Rule 6'.^ Rule 43a [May '99]. Rules 70-72 ... Rules 44-46. Order XLa. [Nov. '00.] Order XL. Rules 73-80 ... Rules 81-93 ... Rules 48a-48c, 49a, 50a-50<^ {May '99]. Rules 51-63. Rules 1-8 Rules 1-8. Rules 94, 95 ... Rule 64. Ixx REFERENCE TABLE— continued. Old. New. New. 1 Old. Order XLIa. [Nov. '00.] Rules 1-12 Order XLI. Rules 1-12. Order XXXIX. Rules 96-110... Rule 111 [new]. Order XXXIXb. [Feb. '92.] Rules 65-79. Rule 112 Rule 80. Order XLIIa. [Feb. '92.] Rules 1-4, Order L. Rules 19-21. Rules 113, 114 [new]. Order XL. Order XLa. [Noy. '00] Rules 1-8 ... Rules 1-8. Order XLIIb. [Feb. '92.] Rule 1 Order L. Rule 17. Order XLI. Order XLIa. [Nov. '00]. Rules 1-12 ... Rules 1-12. Order XTJII. Rules 1-3..' Order L. Rules 6-8. Order XLII. Rule 1 [new]. Rules 2-11' ... Order XXXVIIIa. [1895.] Rules 1-10. Rule 12 Rule 11 [Nov. '00]. Order XLIV. Rule 1 [amended May '99]. Rules 2-15 Rule 16a [Feb. '92] ... Order XLIV. Rule 1. Rules 2-15. Rule 16. Order XLIII. Rules 1-7 ... Rule 8 [new]. Order XXXVIIIb. [April '95.] Rules 1-7. Rules 17-19 Rules 17-19. Order XLIV. Order XLIV. Rule 1 Rules 2-15 ... Rule 1 [amended May '99]. Rules 2-15. Order XLV. Order XLV. Rule 16 Rule 16a [Feb. '92]. Rules 1-11 Rules 1-11. Rules 17-19 ... Rules 17-19. Ixxi REFERENCE TABLE— continued. Old, New. New. Old. Order XLVI. Order XLVI. Order XLV. Order XLV. Rules 1, 2 Rule 2. Rules 1-11 ... Rules 1-11. Order XLVI. Order XT-VI. Order XL VII. Rules 1-9 Order XLVII. Rules 1-9. Rule 1 [new]. Rule 2 Rules 1, 2. Order XLVII. Order XLVII. Order XLVIII. Order XTVIII. Rules 1-9 Rule 10 [new]. Rules 1-9. Rules 1-20 Rules 1-20. Order XLVIII. Order XLVIII. Rules 1-20 ... Rules 1-20. Order XLVIIIa. [July '92.] Order XT.VIIL Rules 21-23 ... Rule 24 [new]. Order XTVIIlA. [Jiily '92], Rules 1-3. Rules 1-3 Rules 21-23. Order XLIX. Order XLIXa. [Nov. '00.] Rules 1-5 Rules 1-5. Order XLIXa,[Not.'00.] Rules 1-5 Order XLIX. Rules 1-5. Rule 6 [new]. Rules 7-12 ... Rules 6-11. Rules 6-11 Rules 7-12. Order L, Rules 1-5 [new]. Order La. [Feb. '92.] Order LIII. Rules 6-8 ... Rules 9-16 Order XLIIL, Rules 1-3. Rules 1-3 Rules 4-6'. Rules 1-3. Rules 5-7. [new]. Rule 17 Rule 18 [new]. Order XLIIb. [Feb. '92], Rule 1. Rule 6a [April '95]. See Scale of Costs. Rules 19-21 ... Order XLIlA. [Feb. '92], Rules 1-3. Ixxii REFERENCE TABLE— coniinued. Old. New. New. Old. Order La. [Feb. '92.] Order LIU. Order L. Rule 6& [June '96] • ... Rule 10. Rule 22 New. Rules 7, 8 Rules 8, 9. Rules 23-26 ... Order XXXIXa. [Dee. '89], Rules 1-4. Rule 9 Rule 11 Rules 27, 28 [new]. Rule 9a [April '95] Rule 12. Rules 29, 30 ... Order XXXIXa. [Dec. Rules 10-21 Rules 13-24. Rules 31 - 33 [new]. '89], Rules 5, 6. Rules 22-24 Rules 27-29. Rule 34 Order LL, Rule 24 b [Jan. '01]. Rules 25-32 Rules 37-44. Rule 35 Order LL, Rule 25. Rule 33 [May '99] Rule 45. Rule 36 Order LL, Rule 26. Order LI. Order Lc. ['97]. Order Lb. [April '95.] Order LII. Rules 1-28 ... Rules 1-28. Rules 1-6 Rules 1-6. Rule? Order XVIII., Order LII. Order Lb. [April '95]. Rule 3. Rules 1-6 Rules 1-6. Rules 8, 9 Rules 7, 8. Rule 10 [spent] Rules 7, 8 Rules 8, 9. Rules 9, 10 ... Rules 11, 12 [June '96]. Rules 11, 12 [June '96]... Rules 9, 10. Order LIU. Order La. [Feb. 92]. Rules 1-3 Rules 1-3. Order Lc. ['97.] Order LI. — — Rule 4 [newl. Rules 1-28 Rules 1-28. U J Rules 5-9 Rules 4-8. Rule 10 Rule 6& [June '96]. Order LI. Order LIV. Rule 11 Rule 9. Rulel Rule 1. Rule 12 Rule 9a [April 95]. Rule 2a [Feb. '92] Rule 3. Rules 13-24 ... Rules 10-21. Rules 3-5 Rules 4-6. Rules 25, 26 i> ■ , [new.] Ixxiii REFERENCE TABLE— continued. Old. New. New. Old. Order LI. Order LIII. Order La. [Feb. '92]. Rule 6 Order VII., Rule 40. Rules 27-29 ... Rules 22-24. Rules 7-9 Order LIV., Rules 30 - 36 Rules 7-9. [new]. \ Rule 10a [Feb. '92] ... Rule 10. Rules 37-44 ... Rules 25-32. |i Rules 11, 12 Rules 11, 12. Rule 45 Rule 33 [May '99]. Rule 13 Order XXIV., Rules 46, 47 Rules 22, [new]. 24, 25. Rule 14 Order XXIV., Rule 26. Rules 15, 16 Order LIV., Order LIV. Order LI. Rules 13, 14. — — Rules 17-22 Rules 16-21. Rulel Rule 1. Rule 23 Order VII., Rules 41-49. Rule 2 [new]. Rule 3 Rule 2a [Feb. '92]. Rule 24 Order LIV., Rule 22. Rules 4-9 Rules 3-5, 7-9. Rule 24a [May '99] ... Rule 26. Rule 10 Rule 10a [Feb. '92]. Rule 246 (1) [Jan. '01] ... Order L., Rule 34. Rules 11, 12 ... Rules 11, 12. Rules 25, 26 Order L., Rules 35, 36. Rules 13, 14 ... Rules 15, 16. Rules 27-29 Rules 23-25. Rule 15 [new]. Rules 16-21 ... Rules 17-22. Rule 22 Rule 24» Rules 23-25 ... Rules 27-29. Rule 26 Rule 24a [May '99]. Order LII. Order LV. Order LV. Order 1 LII. *^"" ~^ ^~" ~^~ S773 ^ THE COUNTY COUET RULES, 1903. The following Orders and Rules may be cited as " The County Short title. Court Rules, 1903," and shall apply, so far us may be practicable, (unless otherwise expressly provided,) to all proceedings taken in all actions and matters pending on the day on which these Rules come into force. The County Court Rules, 1889, and all County Court Rules of ^^f-^ subsequent date, are hereby annulled, and the following Orders and prior rules. Rules shall stand in lieu thereof. ORDER I. ObdeeI. Court and Offices. 1. Every judge shall appoint the days and hours for holding his Appoint- courts ; and a notice of the day and hour on which each court is to be ^t^„g^Qf held shall, three months before the holding thereof, be affixed in some sittings of conspicuous place in the court-house and in the registrar's office ; and whenever any day or hour sd appointed for holding a court is altered, notice of such alteration shall immediately be affixed in like manner ; but any judge may from time to time hold additional Additional and adjourned courts. [Order I., Rule l.j adiourned courts. 2. Two courts shall not be held before the same judge on one day. No two unless with the consent of the Lord Chancellor ; but this rule shall j^^j^ ^^ not apply to the holding of an additional or adjourned court, or same day. to the City of London Court. [Rule 2. J 3. An office shall be kept open by the registrar at each place where On what the court of which he is registrar is held, and such office shall be kept trartokeep open every day from ten o'clock in the morning until four o'clock in county the afternoon, except on Christmas T>ay, Good Friday, the Saturday open, next after Good Friday, Easter Monday, Easter Tuesday, Whit 8775 A Order I. Monday, the first Monday in August, or any day appointed by royal proclamation for a public fast, humiliation, or thanksgiving, or any day appointed for closing the same by the Lord Chancellor ; provided that the office may be closed at one o'clock in the afternoon on Saturday, or if for any reason it would be more convenient that the office should be closed on some other day, the office may be closed at one o'clock on some other day of the week instead of Saturday, which day shall be fixed upon for such purpose by the judge, and shall not afterwards be changed except by his leave : Provided also, that an office need not be kept open in more than one place within the district of a court, although the court is held at more than one place within the district, unless the Lord Chancellor otherwise orders : And provided also, that during the days on which the court is held in any place within the district other than the place where the registrar's office is situate, or during the days on which an office is open at any such other place, the office may be closed in the place in which it is required generally to be kept open. [Rule 3, altered.] Keeping 4. By order of the Lord Chancellor, an office may be kept open by at place ^^^ registrar at any place within the district of a court at such times where no ^nd for such purposes as the order may direct, although no court may held. be held at such place. [Rule 3a, Dec. 1889. J Offices may 5. The offices of the courts, or any of them, may from time to time by order ^^ closed by special order of the Lord Chancellor on such days as may be mentioned in any such order. [Rule 4. J Order II. ORDER II. Officers. Registrar. Absence of 1. Whenever the registrar or his lawful deputy is absent from the registrar or . . „ ^ • -1 in deputy re- sittmg ot a court, the judge shall appoint a deputy to act on behalf of gistrar the registrar : and an entry of such appointment and of the cause of from court. ° . tn , ,, , i such absence (when ascertained) shall be made on the minutes of the court. [Order II., Rule l.J 2. The registrar shall keep books in the forms given in Part II o£ the Order II. Appendix, subject as follows : , Registrar T ^o keep Where book A is used, neither books B, C, D, or E shall be used, books. but book F shall be used. pfru'l?'''' Where books B and C are used, neither books A, D, or E shall be used, but book F shall be used. Where books D and E are used, books A and B shall not be used, but book C may be used ; and if book C be used, book F shall be used. W^here the number of plaints entered in a court has exceeded 2000, and book A is not used, books C and F shall be used, and either book B or books D and E. Every registrar acting as high bailiff may keep book K instead of books L, N, and T.' Every entry in such books shall have a number prefixed, corresponding with the number of the plaint to which the entry relates. [Rule 2.j 3. The registrar shall file all documents delivered to him in Docu- TT1 Pn ^'*B any action or matter, and shall distinguish them by the number ^^ j^^ g^^^ of the plaint in respect of which they are filed, and from each and distin- other, by a distinctive letter of the alphabet, and he shall enter in number of the " Notice Book " the fact of the despatch of all summonses to plaint, and T -, . oj letters. foreign courts, and of all documents, notices, and letters sent by him to any party, and all particulars required by the form of such book. [Rule 3. J 4. The registrar shall issue all summonses, warrants, and orders of Registrar commitment forthwith after the plaints are entered or the warrants processes. or orders are applied for. [Rule 4. J 5. Where a summons is required to be served in a foreign Trans- district, the registrar shall transmit the same and a copy thereof to the ^'^^^^g bailifi^ of the foreign court within twenty-four hours after the plaint is for service entered, with a letter according to one or other of the forms in the ,jigti.ict.^^ Appendix, unless the judge of the home court orders the summons Forms 27, in any particular case to be served by the bailiff of such court ; and " where any summons is returned to the registrar of the home court non- 8776 A 2 service Order II. \)j a bailiff of a foreign court, not served, the registrar shall forthwith Form 30. K^^^ notice to the plaintiff of such non-service : The letter need not be transmitted from one metropolitan court to another, except with default summonses. [Rule 5.] Notice of doubtful service in foreign district. Form 31. 6. Where by the indorsement on the copy of a summons made by a bailiff of a foreign court it appears that the summons was delivered to some person at the place mentioned in the summons as the residence or place of business of the defendant, but from the indorsement of the statement made by such person it appears doubtful whether the court will be satisfied that the service of the summons has come to the knowledge of the defendant before the return day, the registrar of the home court shall forthwith on receiving back such copy send to the plaintiff a notice according to the form in the Appendix. [Rule 6.] Copies 7. Copies of all proceedings or documents in the custody of the ts^o ^'^^^ or its officers shall be prepared by the registrar for any party made. entitled to require the same, upon prepayment of the costs of such copies. [Rule 7.] Particulars to 8. The registrar shall, in all cases where by these rules particulars be annexes . to summons, are required, annex to the summons a copy of the plaintiff^s summons to particulars, sealed T\dth the seal of the court ; and shall also make and be delivered i i -t/v. to bailiff. deliver to the bailiff a true copy of the summons. [Rule 8. J Payment 9. Moneys to be paid into court under the order of the judge or otherwise may be so paid during office hours on every day on which the office is open. [Rule 9.j Searches and pay- ment out of court. 10. The registrar shall allow searches to be made, and shall pay out upon demand, in cash if required, the money to which suitors are entitled, on such proof of title thereto as is prescribed by Order IX. Rule 21, on three days at the least in each week, such days to be fixed by the registrar from time to time, with the approbation of the judge, and to be printed or written on the plaint note. For the purpose, however, of enabling the registrar to furnish the list of balances in the ledgers according to the requirements of the Treasury no searches shall be made or money paid out of court during one week in each year, provided that due notice of such week shall have been affixed in some conspicuous place in the office of the registrar Order II. a month beforehand. [Rule 10a, Feb. 1892.J 11. Whenever money is paid into or deposited in court, whether Acknow- before or after judgment, an acknowledgment in writing of such of pay- payment or deposit shall be given. [Rule 11. J ments and 12. The books of the court, including the bankers' book Court and cash book, shall at all times be open to the inspection of the procluced treasurer. [Rule 12.1 ■ to trea- surer. 13. No registrar, deputy registrar, registrar's clerk, high bailiff, No officer bailiff, broker, or other officer of the court, and no partner or clerk of agent to any such officer, shall, on account of suitors, sign the ledger or any parties. other book, or receive money or otherwise act as an agent for that purpose. [Rule 13. J 14. Before executing any order directing the payment or transfer Whereiegaoy, SUCCcSSlOUj of any fund, or part of any fund, in respect of which any or estate duty payable, duty shall be payable to the revenue under the Acts relating to it must be i-inniT fi P^''^ before legacy, succession, or estate duty, it shall be the duty oi the execution of registrar, before making the payment, to require a certificate from the ing payment proper officer of, or the production of the receipt for, the payment of funds, the duty chargeable in respect of such fund, or such part thereof. [Rule 14, altered.] 15. Where any judge acting for any other judge under section Memorandum p 1 A ■ T • 1 n 1 wkere one nineteen oi the Act signs any document, the registrar shall make a judge signs memorandum at the foot thereof according to the form in the another. A J- n? 1 IK 1 51 & 52 Vict. Appendix. [Rule 15. J 0.43.S. 19. Form 4. 16. Every registrar shall comply with the regulations which may Custody of from time to time be made by the Treasury for the safe custody of m*^^^52^^' any securities deposited with him under section seventy of the Act. Vict. c. 43. [Rule 16.] '• ^^■ High Bailiff. 17. Whenever the high bailiff is absent from the sitting of a court. Absence he shall transmit to the registrar a statement in writing of the cause of ^^qj^ from court. Order II. his absence, and an entry of the cause of such absence shall be made by the registrar on the niinutes of the then sitting or the next succeeding court. [Rule 17.j High bailifE to keep books. Appendix, Part II. Attend- ance at office of registrar. [Rule 19.] Keeping open an office. Service of process. Service and in- dorsement where de- fendant has removed to new address within district. Indorse- ment of service or non- service on copy of summons. Forms 29, 32, 34. 18. The high bailiff shall keep books and make returns according to the forms in Part II of the Appendix. [Rule 18. J 19. The high bailiff or a bailiff of the court shall attend for the purpose of receiving processes, and for the performance of other duties, at the ofl&ce of the registrar once at least every day during the hours it is open ; and shall compare and examine all processes delivered to him by the registrar, so as to enable him to prove their correctness. 20. An office of the high baihff of a court in which the plaints entered have exceeded six thousand in any one year shall be kept open for the purpose of answering inquiries, giving information, or for any other purpose connected with the duties of the high bailiff, during the same hours as the office of the registrar of the court is to be kept open. [Rule 20.] 2 1 . The high bailiff shall serve or cause to be served process issued out of the court of which he is high bailiff, or sent to him for service from other courts, as soon as practicable. [Rule 21.] 22. Where the bailiff to whom a summons has been delivered for service ascertains in sufficient time before the return day, and before notice of non-service has been sent, that the defendant has removed from the address given on the summons to some other address within the district, it shall be his duty to effect service of the summons as if the actual address had been given on the summons, and to indorse the new address upon the copy retained by him. [Rule 21a, Feb. 1892.] 23. If the service of a summons has been personal, the baiUff who served the same shall indorse on the copy of the summons delivered to him by the registrar the fact of such service ; and if the service has not been personal, he shall indorse on such copy the mode ot service so as to show that the provisions as to service which are applicable to the case have been complied with, and any statement made by the person to whom the summons was delivered, and any other Order II. circumstance from which it may be inferred that the service of the summons has come to the knowledge of the defendant ; and in every case of service the bailiff shall indorse on such copy the place where service was effected ; and if the summons has not been served, the bailiff shall indorse on such copy the reason of such non- service : and all indorsements on summonses shall be signed by the bailiff. The Return of high baihff shall deliver to the registrar the copy of every summons g^^^Qj,g which has been served, and also the summons itself when not served, and of together with the list of summonses mentioned in Rule 30 of this j^^^. g^j.^^^ Order, and such copies and summonses shall be produced by the registrar or high bailiff, as the judge may require. [Rule 22. J 24. Where an ordinary summons or a judgment summons required Notice of to be served in a home district has not been served, the hiffh bailiff ^°^'. ' ° service shall forthwith give notice to the plaintiff of the fact of such in home non-service according to the form in the Appendix. [Rule 23a, ^^ ^^° ' Feb. 1892.] ^°^°^^^- 25. Where by the indorsement on the copy of an ordinary summons Notice of required to be served in a home district it appears that the summons °'^?''t^^ was delivered to some person at the place mentioned in the summons in home as the residence or place of business of the defendant, but from the indorsement of the statement made by such person it appears doubtful ■ whether the court will be satisfied that the service has come to the knowledge of the defendant before the return day, the high bailiff shall forthwith send to the plaintiff a notice according to the form in Form 31. the Appendix. [Rule 24. J 26. (1.) Where a summons is issued against a company registered inquiry, under the Companies Acts, 1862 to 1900, it shall be the duty of the service, bailiff to whom such summons is delivered for ser"\dce to ascertain at dorsement the address given on the summons whether the registered office of the °^ ^^™' company is situate at such address. against registered (2.) If the baihff ascertains, either by seeing the words " registered company. office " painted or affixed on the outside of the premises, or by inquiry yj^.^ ^ gg at the premises, that the registered office of the company is situate at ss. 62, 63. the address given on the summons, he shall effect service of the 8 Order II. Form 32 (1). Form 32 (1). Form 32 (2). Form 33. Form 32 (3). Form 30. summons at such address, and shall indorse on the copy of the summons the fact and mode of such service, and the fact that he has ascertained in one or other of the modes aforesaid that the registered office of the company is situate at the address given. (.3.) If the bailiff ascertains in sufficient time before the return day, and before notice of non-service has been sent, that the registered office of the company is situate at some other address within the district, it shall be his duty to effect service of the summons at such other address, and to indorse on the copy of the summons the new address, and the fact that he has ascertained that the registered office of the company is situate at such address. (4.) If the bailiff is unable to ascertain whether the registered office of the company is situate at the address given on the summons, he shall effect service of the summons at such address, but shall indorse on the copy of the summons a statement to the effect that he has been unable to ascertain whether the registered office of the company is situate at such address : and the high bailiff, or, where the summons has been sent to a foreign court for service, the registrar of the home court, on the return of the copy of the summons, shall forthwith send to the plaintiff a notice according to the form in the Appendix. In such case, if the company does not appear on the return day, the action shall not proceed unless the court is satisfied, on the evidence before it, that the registered office of the company is situate at the address given ; and the court, if not so satisfied, may either adjourn the action to a future day for further evidence, or order it to be struck out, or order a successive summons to issue', as to it may seem just. (5.) If the bailiff ascertains that the registered office of the company is not situate at the address given on the summons, and does not ascertain that it is situate at some other address within the district, he shall make an indorsement to that effect on the copy of the summons, and return the summons itself as not served, in which case notice of non- service shall be given to the plaintiff as in other cases of non-service. [Rule 24a, May, 1899. j Return of 27. Where, an ordinary summons is required to be served in a copy of foreign district, the high bailiff of the foreign court shall, eight clear summons days at least before the return day, transmit the ojpy thereof to the served 9 registrar of the home court duly indorsed and signed by the bailiff, Order II. (^who shall name the court of which he is a bailiff,) and also the -^^ bailiff summons itself when not served. [Rule 25. J of foreign court. 28. Where a judgment summons is required to be served in a Return of foreign district, the high bailiff of the foreign court shall, three clear judgment days at least before the return day, transmit the copy thereof to the summons registrar of the home court duly indorsed and signed by the bailiff, ^y bailiff (who shall name the court of which he is a bailiff), and also the °* foreign ^ . ' court, summons itself when not served. [Rule 25a, Feb. 1892. J 29. (1.) Where the high bailiff of a foreign court neglects to Where return to the registrar of the home court the copy of an ordinary service to summons or a judgment summons as required by the two last home court preceding rules, the judge of the home court may, upon evidence of made, such summons having been posted to the high bailiff of the foreign f^^?.^!'^ court, direct notice, according to the form in the Appendix, to be be ordered given to such hiffh bailiff that the said judge will on a day to be ^^ P^^' , JO J costs. mentioned, unless such high bailiff show's cause to the contrary, make j^orm 353 an order directing such high baihff to pay to the plaintiff such sum [Rule 26a as the judge may think reasonable, as compensation for any loss of ■''eo- 1°>^'^> J t) ./ ) r J revised.] time and expense which may have been caused to the plaintiff by such neglect. (2.) If on the day mentioned the judge makes any order for payment by such high bailiff, a memorandum of such order shall be made in the minute book, and' the registrar of the home court shall transmit to the high bailiff of the foreign court a notice thereof according to the form in the Appendix. Form 354. (3.) If the high bailiff within the time limited by the order remits to the registrar of the home court the sum directed by the order to be paid, the registrar shall pay the same to the plaintiff. (4.) If the high bailiff does not within the time limited by the order remit to the registrar of the home court the sum directed by the order to be paid, the registrar shall pay such sum to the plaintiff out of any money in his hands, and shall transmit to the treasurer of the foreign court a copy of the notice, certifying thereon the neglect of the high bailiff to pay the money as required, and the payment 10 Order II. thereof by the registrar of the home court : and the registrar shall be allowed by the treasurer of his court at his audit the amount so paid : and the treasurer of the foreign court shall deduct such sum from any payment he may thereafter make to the high bailiflF. High bailiff 30. Seven clear days at least before the day of holding any court list of ordi- *^® h.\gh bailiff shall deliver to the registrar a list of all ordinary summonses on plaint before judgment issued to him and returnable at such court, and shall state therein the mode of service or the cause of non- service of each summons. [Rule 27. J nary sum mouses served. Notice of 31. Within two days after the service of a default summons, the service or ]^- j^ bailiff of the court in the district of which it has been served non-ser- " vice of de- shall send notice thereof to the plaintiff according to the form in the Appendix, and shall return the copy of the summons duly indorsed to the registrar of the court from which it issued ; and where any such summons cannot be served within one month from the date of issue, the high bailiff of the court in the district of which it is to be served shall send to the plaintiff a notice stating why it has not been served, and shall send a similar notice at the end of every one month during which it remains in force and unserved. [Rule 28. J fault sum mons. Form 35. Form 36. Order Book. 32. The high bailiff shall enter in the " Order Book " all judgments or orders for the payment of money or costs, or both, or other orders, which he has received, and the date on which he has posted or otherwise sent the same. [Rule 29, altered.] Execution 33. The high bailiff shall execute every warrant, order of commit- and entries ment, or other order of the court delivered to him as soon as possible, of war- ' . r ; rants and and shall enter in the proper book every warrant and order which orders. j^g j^^g ^gg^ required to execute, and shall state from time to time therein what he has done under each warrant or order, and if the same be not executed within one month from the day of delivery to him, why it has not been executed ; and he shall, at all reasonable times, give to a suitor or his solicitor all information which he may reasonably require as to the execution or non-execution of any warrant or order which has been issued at his instance. [Rule 30, altered.] 11 34. Every high bailiff levying or receiving any money by virtue Order II. of the process of any county court shall, except where he is by Moneys to statute required to retain the same, within twenty-four hours from be paid in . J, within 24 the receipt thereof pay over the same to the registrar ot the court ot tours. which he is high baihff, who shall indorse upon the warrant a memorandum of having received the same, and the high bailiff shall file such process and retain the same in his custody. [Rule 31.] 35. Where the high bailiff is required under the Bankruptcy Notice Act, 1890, to hold the proceeds of sale under an execution, or the ^g^^of™' money paid to avoid a sale, for fourteen days, he shall within execution twenty-four hours after the sale of the goods or the receipt of the j^^j^ ^^^ ^^ money send to the registrar of the court out of which the warrant days. „ . . . ,, . -, T 1 ^. j-^ ^. 53&54 01 execution originally issued, and to the execution creditor, notice yj^i.^ ^ yj. according to the form in the Appendix of the levy and of the |- H- subs. amount reaUzed thereunder. [Rule 32a, April, 1895.1 "- ' I' ' J Form 171. 36. Where the high baihJl withdraws from possession in con- Notice of sequence of having received notice that a receiving order in ^l^ " j „„ bankruptcy has been made, he shall within twenty -four hours after notice of such withdrawal send to the execution creditor notice thereof ordeV^'^'^^ according to the form ux the Appendix. [Rule 33. J Form 172. 37. Whenever a warrant, order of commitment, or other order of Non-exe- the court required to be executed in a foreign district has not been ^y^j-rant in executed within one month from the day of delivery, the high bailiff foreign of the foreign court shall on the day after the termination of such month make a return to the registrar of the home court according to Form 174. the form in the Appendix, and shall send a copy thereof to the execution creditor ; and when any such warrant or order has not been executed during the time it is in force, such high bailiff shall return the same to the registrar of the home court within twenty-four hours fi-om the expiration of such time, and shall indorse on such warrant or order the reason why the same could not be executed, and he shall sign such indorsement ; but the high bailiff shall return Return of such warrant or order, although unexecuted, to the home court at )^*rrant, any time if he shall be directed so to do by the registrar of the directed. home court, and he shall at all times give such information as such registrar may require respecting such warrant or order. [Rule 34. j 12 Order II. Duties of high bailifE as to sale of personal property. 51&52Vict. c. 43. S.146. 38. Where any personal property is directed to be sold by auction, detained, or preserved, the high bailiff shall, if the court so directs, superintend such sale, detention, or preservation ; and where the property is to be sold by private contract, he shall carry out the directions of the court in respect of such sale. This rule shall not apply to an execution issued under section one hundred and forty-six of the Act. [Rule 35. j Taking 39. Where a warrant directs the high bailiff to detain and preserve of goods ^^y goods or chattels, he shall take and retain possession thereof until further order be made by the court thereon. [Rule 36. j Where pos- session ordered to be taken until security given. Notices where party acts by solicitor. 40. Where a warrant dire3ts the high bailiff to take possession of any goods or chattels until security be given by some party for the safe keeping of the same, or for the payment of the value of the same in default of such safe keeping, but does not specify the amount of such security, the high bailiff shall make or cause to be made an inventory and appraisement of the goods or chattels which he may take into his possession ; and, upon receiving as a deposit the amount of such appraisement, or sufficient security, to be approved by the registrar, for the safe custody of such goods and chattels, and for the delivery up of possession thereof upon request, the high bailiff shall relinquish the possession thereof on condition that the same shall be re-delivered to him on request, or held to abide the order of the court. If the warrant specifies the amount of security, no less deposit or security shall be sufficient. [Rule 37. j 41. Where the plaintiff or execution creditor acts by a solicitor, the notices and copies referred to in Rules 5, 6, 24, 25, 26, 31, 35, 36, and 37 of this Order shall be sent to such sohcitor. [Rule 38, altered,] Order III. ORDER III. Parties. Generally. 1. All persons may be joined as plaintiffs in one action in whom Persons may be joined as . ■ f • • n i ■ i ^i • • i plaintiflEs transaction or series oi transactions is alleged to exist, whether jointly, any right to any relief in respect of or arising out of the same 13 severally, or in the alternative, where, if such persons brought Order III. separate actions, any common question of law or fact would arise : ^^q claim Provided that if upon the application of any defendant it appears relief that such joinder may embarrass or delay the trial, the judge may order severally, separate trials, or make such other order as may be expedient. And °[^g^^*^^?yg judgment may be given for such one or more of the plaintiffs as may in respect be found to be entitled to relief, for such relief as he or they may be traSar""^ entitled to, without any amendment. But the defendant, though tion, when unsuccessful, shall be entitled to any extra costs occasioned by so question of joining any person who is not found entitled to relief, unless the law or fact court in disposing of the costs of the action otherwise directs, [Order III., Rule la, Dec. 1896.J 2. All persons may be ioined as defendants against whom the Personsmay r J J o l)e joined as riffht to any relief is alleged to exist, whether jointly, severally, or defendants ° ■' o ' J J J J 1 against whom in the alternative. And judgment may be given against such one reiiefciaimed or more of the defendants as may be found to be liable, according severally, or to their respective liabilities, without any amendment. [Rule 2. J alternative. 3. It shall not be necessary that every defendant shall be in- Alldefen- terested as to all the relief prayed for, or as to every cause of action joined included in any proceeding asrainst him ; but the court may make need not be interested such order as may appear just to prevent any defendant from being in all the embarrassed or put to expense by being required to attend any relief proceedings in which he may have no interest. [Rule 3. J 4. The plaintiff may, at his option, join as parties to the same All or any action all or any of the persons severally, or jointly and severally, ^ liable liable on any one contract, including parties to bills of exchange under any and promissory notes. [Rule 4. J TactTay be joined. 5. Where the plaintiff is in doubt as to the person from whom Where he is entitled to redress, he may join two or more defendants, to ^oubtfrom the intent that the question as to which, if any, of the defendants whom he is liable, and to what extent, may be determined as between all ^^^ redress, parties. [Rule 5. J 6. Trustees, executors, and administrators may sue and be sued Trustees, on behalf of or as representing the property or estate of which they ^^^ other's 14 Order III, are trustees or representatives, without joining any of the persons may sue or beneficially interested in the trust or estate, and shall be considered as representing such persons ; but the court may, at any stage of the proceedings, order any of such persons to be made parties to the action, either in addition to or in lieu of the previously existing be sued without joining parties beneficially interested, parties thereto. This rule shall apply to trustees, executors, and administrators sued in proceedings to enforce a security by foreclosure or otherwise. [Rule 6.j Wliere parties numerous, one or more may sue or be sued or defend for the benefit of all. Where defendant desires to defend on behalf of others. Form 96. Form 98. Form 97. 7. Where there are numerous persons having the same interest in one action or matter, one or more of such persons may sue or be sued, or may be authorised by the court, before or at the trial, to defend in such action or matter, on behalf or for the benefit of all parties so interested. [Eule 7. J 8. When a defendant desires to defend on behalf or for the benefit of others having the same interest, he shall within two clear days of the date of service of the summons on him give notice to the plaintiff of bis intention to apply, upon a day and hour to be named in such notice, to the court for leave so to defend, and shall file an affidavit of the facts upon which he relies to obtain such leave, together with the names, addresses, and occupations of such persons ; and the court may thereupon make an order for the defendant so to defend, and the names of the persons as to whom such order is made shall be added to that of the defendant in the plaint and minute book ; and a copy of such order, with a copy of the summons and particulars in the action, and a notice according to the form in the Appendix, shall be personally served on each of such persons, and notice shall be sent to the plaintiff according to the form in the Appendix : Provided that the plaintiff or any of the persons whose names have been so added may at the trial object to the defendant defending on behalf of all or any of the persons as to whom such order has been made, and the judge may thereupon, if he thinks fit, strike the names of all or any of such persons out of the proceedings, and order the defendant to pay such costs as he may think fit. [Rule 8, altered.] 15 9. Where in proceedings concerning a trust a compromise is Order III. propiosed, and some of the persons interested in the compromise are Power to not parties to the proceedings, but there are other persons in the same approve interest before the court and assenting to the compromise, the judge, migg in if satisfied that the compromise will be for the benefit of the absent absence of • • some of persons, and that, to require service on such persons would cause the persons unreasonable expense or delay, may approve the compromise and interested. order that the same shall be binding on the absent persons, and they shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts. [New ; R.S.C. Order XVI., Rule 9a.J Persons under disability. 10. Infants may sue as plaintiffs by their next friends, and may infants, defend by their guardians appointed for that purpose ; but nothing herein contained shall afi^ect the right of any infant to sue as if he were of full age in the cases enumerated in section ninety- six 51 & 53 of the Act. [Rule 9.1 Vict, c 43, "- ^ s. 96. 11. Married women may sue and be sued as provided by the Married Married Women's Property Act, 1882. [R.S.C. Order XYL, ^^''^^^''g Rule 16, substituted for Order III., Rule 10. J Vict. c. 75. 12. In cases in which before the first day of November, 1875, lunatics Lunatics or ijersons of unsound mind not so found by inquisition might ^ P®^' ^ . _ _ J ^ o gons of respectively have sued as plaintiffs or would have been liable to be unsound sued as defendants in any action, they may respectively sue as ™^^^ ' plaintiffs in any action by their committees or next friends according to the practice of the Chancery Division of the High Court, and may in like manner defend any action by their committees or guardians appointed for that purpose. [Rule 11.] 13. In any action or matter to which any infant or person of persons unsound mind, whether so found by inquisition or not, or person under J XI T T •,• . •/ 1 ; jr disability, under any other disability, is a party, any consent as to the mode of how taking evidence or as to any other procedure given by the next friend, f "^^^^^^^ guardian, committee, or other person acting on behalf of the person be given. under disability shall, with the consent of the court, have the same 16 Order III. force and effect as if sucli party were under no disability and had given such consent. Provided that no such consent by any committee of a lunatic shall be valid as between him and the lunatic unless given with the sanction of the Lord Chancellor or Lords Justices sitting in Lunacy. [Rule 12.] . Partners. Co-part- 14. Any two or more persons claiming or being hable as ners may co-partners, and carrying on business within England and Wales, sned in the may sue or be sued in the names of the respective firms, if their firm ^'^y* *^^ which such persons vs ere co-partners at the time of the accruing of the cause of action ; and in any such case, on application by any party to the action, the court may order a statement of the names and places of residence of the persons who were at the time of the accruing of the cause of action co-partners in any such firm to be furnished in such manner, and verified on oath or otherwise, as the court may direct. [Rule I3a, Feb. 1892.J Applica- tion for names of firm in action by firm. Applica- cation of rules to actions between firm and any of its members. 15. Where an action is brought by partners in the name of their firm, the plaintiffs shall, on demand made in wi'iting by or on behalf of any defendant, forthwith send by post to the defendant so applying and to the regis trai' the names and places of residence of all the -persons constituting the firm on whose behalf the action is brought. And if the plaintiffs shall fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the judge may direct, or the judge at the trial mav adjourn the hearing on such terms as he may think fit. And when the names of the partners are so declared, the action shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named as the plaintiffs in the summons. But all the proceedings shall, nevertheless, continue in the name of the firm. [Rule 14a, Feb. 1892.J 16. The provisions of these rules as to actions by or against firms shall apply to actions between a firm and one or more of its members, and to actions between firms having one or more members in common, provided such firm or firms carry on business within England or Wales ; but no execution shall be issued in any such action without 17 leave of the judge, and on an application for leave to issue such Order III. execution all such accounts and inquiries may be directed to be taken [New ; and made, and directions given, as may be just. ah XLVIIlA, Rule 10.] 17. Any person carrving on business in a name or style other than Where one his own name may be sued in such name or style as if it were a ^^^^^ ^^ firm name ; and so far as the nature of the case will permit, all the business in provisions of these rules relating to proceedings against firms shall ^j^^^ j^jg apply. [Rule 16a, Feb. 1892.] own. Administration and Execution oj Trusts. 18. In any case in which the rights of an heir-at-law or customary Heir-at- heir or the next of kin or a class depend upon the construction of^vj?*'^* which the judge may put upon an instrument, and it is not a class, known or is difficult to ascertain who is or are such heir-at-law ^no^j^^' or customary heir or next of kin or class, and the judge considers tow repre- that in order to save expense or for some other reason it will be convenient to have the questions of construction determined before such heir-at-law, customary heir, next of kin, or class have been ascertained by means of inquiry or otherwise, the judge may appoint some one or more proper person or persons appearing to him on such evidence as he thinks sufficient to have a presumptive or prima facie claim to be regarded as heir-at-law, customary heir, or one of the next of kin or other class in question, to represent such heir-at- law, customary heir, next of kin, or class ; and the judgment or order of the judge in the presence of such person or persons shall be binding upon the heir-at-law, customary heir, next of kin, or class so represented. [Rule 17 ; customary heir new.] 19. In any case in which an heir-at-law or customary heir or any Power to next of kin or a class is or are interested in any proceedinffs, the iudffe ^PPoint •' ^ . ° person to may, if, having regard to the nature and extent of the interest of such represent persons or any of them, it appears expedient on account of the ^osept difficulty of ascertaining such persons, or in order to save expense, appoint one or more person or persons to represent such heir, or to represent all or any of such next of kin or class ; and the judgment or 8775 B 18 Order III. order of the judge in the presence of the person or persons appointed shall be binding upon the persons so represented. [New ; R.S.C. Order XVI., Rule 32 (6).] so 20. Any residuary legatee or next of kin entitled to a judgment When legatees or ^^ order for the administration of the personal estate of a deceased next of kin person, may have the same without serving the remaining residuary be served, legatees or next of kin. [Order III., Rule 18. J Legatee entitled to judgment need not serve other legatees. 21. Any legatee interested in a legacy charged upon real estate, and any person interested in the proceeds of real estate directed to be sold, who may be entitled to a judgment or order for the administration of the estate of a deceased person, may have the same without serving any other legatee or person interested in the proceeds of the estate. [Rule 19.] Co-re- 22. Any residuary devisee or heir entitled to the like judgment need not or order may have the same without serving any co-residuary be served, devisee or co-heir. [Rulfe 20.] Other 23. Any one of several cestuis que trust under any deed or in- cestuis que g^umgni; entitled to a iudarment or order for the execution of the trust need . not be trusts of the deed or instrument may have the same without serving any other cestui que trust. [Rule 21. J served. pro- perty. Waste or 24. In all cases of actions for the prevention of waste or otherwise of *t)ro-**^° for the protection of property, one person may sue on behalf of himself and all persons having the same interest. [New ; R.S.C, Ord. XVI., Rule 37.] 25. Any executor, administrator, or trustee entitled thereto may have a judgment or order ag"ainst any one legatee, next of kin, or cestui que trust for the administration of the estate or the execution of the trusts. [Rule 22.] 26. The judge may require any person to be made a party to any action or matter, and may give the conduct of the action or matter to such person as he may think fit, and may make such order in any particular case as he may think just for placing the defendant on the record on the same footing in regai'd to costs Judgment for admin- istration by executor against one lega- tee, &c. Judge may order parties to be added, and give directions as to conduct of action. 19 as other parties having a common interest with him in the matters OtibERIII. in question. [Rule 23.] 27. Wherever in any action for the administration of the estate Notice of o£ a deceased person or the execution of the trusts of any deed or ^j^^^J^ ' instrument, or for the partition or sale of any hereditaments, a be served. judgment or an order has been pronounced or made, the judge '■ '-' may direct that any persons interested in the estate or under the trust or m the hereditaments shall be served with notice of the judgment or order ; and after such notice such persons shall be bound by the proceedings in the same manner as if they had originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order. Any person so served may at the next sitting of the court after such service, or by leave of the judge at any subsequent sitting, apply to the judge to discharge, vary, or add to the judgment or order. 28. Where the judge directs that any person shall be served with Prepara- tion of notice. the notice mentioned in the last preceding rule, the notice shall be prepared by the registrar, who shall annex thereto a copy of the judgment or order, and issue the same to the bailiff for service, and shall also make and deliver to the bailiff a copy of the notice. Form 317. [Substituted for Order III., Rule 25. J 29. Notice of a judgment or order under the two last preceding Service of rules shall, whether the person to be served is or is not an infant or a ^^ ^°^' person of unsound mind not so found by inquisition, be served in the same manner as a summons in an action is required to be served on such person ; and the bailiff shall make an indorsement on the copy of the notice delivered to him, showing the fact, mode, and place of service, in the same manner as on the service of a summons in an action. [Substituted for Order III., Rule 26. j 30. Where it appears to the judge that by reason of absence or for Where any other sufficient cause the service of the notice of the judgment or no'tice^of order mentioned in the last preceding rules upon any person cannot be judgment made or ought to be dispensed with, the judge may, if he thinks m^y ^g fit, wholly dispense with such service, or may at his discretion order dispensed 8775 B i 20 Order III. any substituted service or notice by advertisement or otherwise in lieu of such notice. " [New ; R.S.C. Order LV., Rule 35.J Power to bind persons service on ■whom is dispensed with. 31. Where service of notice of a judgment or order for accounts and inquiries is dispensed with, the judge may, if he thinks fit, order that the persons as to whom service is dispensed with shall be bound as if served, and they shall -be bound accordingly, except where the judgment or order has been obtained by fraud or non-disclosure of material facts. [New ; R.S.C. Order LV., Rule 35a.J When heir- at-law need not be a party. Where no legal repre- sentative. Except by leave, only executor or admini- strator to appear on claim of person not a party. 32. In any action or matter to execute the trusts of a will it shall not be necessary to make the heir-at-law a party. [Order III., Rule 27.] 33. If in any action or matter it appears to the judge that any deceased person who was interested in the matter in question has no legal personal representative, the judge may proceed in the absence of any person representing the estate of the deceased person, or may appoint some proper person to represent his estate for all the purposes of the action or matter, ou such notice to such persons, if any, as the judge may think fit, either specially, or generally by public advertisement ; and the order so made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased had been a party to the action or matter. [Order III., Rule 28.J 34. In any action or matter for the administration of the estate of a deceased person, no party other than the executor or administrator shall, unless by leave of the court, be entitled to appear either in court or in chambers on the claim of any person not a party to the action or matter against the estate of the deceased person in respect of any debt or liability. The court may direct or give liberty to any other party to the action or matter to appear, either in addition to or in the place of the executor or administrator, upon such terms as to costs or otherwise as the court may think fit. [Order III., Rule 29.J 21 ORDER IV. OnnBR^lV. Joinder of Causes of Action. 1. No cause of action shall, unless by leave of the court, What be joined with an action of ejectment, except claims in respect of claims nmy mesne profits or arrears of rent or double value in respect of the with action premises claimed or any part thereof, or damages for breach of any ^g^^*' contract under which the same or any part thereof are held, or for any wrong or injury to the premises claimed. Provided that nothing in this Order contained shall prevent any Joinder of plaintiff in an action for foreclosure or redemption from asking for or possession obtaining an order against the defendant for delivery of the possession ^J^ action of the mortgaged property to the plaintiff on or after the order closure or absolute for foreclosure or redemption, as the case may be, and such J"edemp- an action for foreclosure or redemption and for such delivery of possession shall not be deemed an action of ejectment within the meaning of these rules. Provided also, that in case any mortgage security shall be foreclosed by reason of the default to redeem by any plaintiff in a redemption action, the defendant in whose favour such foreclosure has taken place may apply to the judge for an order for delivery to him of possession of the mortgaged property, and such order may be made thereupon as the justice of the case may require. [Order lY., Rule 1 : Provisoes new ; K.S.C. Order XVIIL, Rule l.j 2. Claims by a trustee in bankruptcy as such shall not, unless by As to leave of the court, be joined with any claim by him in any other ciaimrby capacity. [ Rule 2.J trustee in ruptcy. 3. Subject to the two preceding rules a plaintiff may unite in Joinder of the same action several causes of action without leave of the giction court. [Rule 3.J generally. 4. Claims by or against husband and wife may be joined with Claims by claims by or against either of them separately. [Rule 4.] husband and wife 22 Order IV. Claims by or against executor or admini- strator. Joint and separate claims by plaintiffs. Separate trials may be ordered. 5. Claims by or against an executor or administratof as such may be joined with claims by or against him personally, provided the last- mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator. [Rule 5.j 6. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant. [Rule 6. J 7. If at any time it appears or is made to appear to the judge that any causes of action united or claims joined in any action cannot be conveniently tried and disposed of together, he may order separate trials, or may exclude any such cause of action or claim, and may order the proceedings to be amended accordingly, and may make such order as to costs as may be just. [Rule 7. j Order V. ORDER V. Commencement of Action. 1 . All proceedings authorised to be commenced in a county court by Actions to menced by "^ Under the Act shall, except when otherwise provided by the Act or plaint. these rules, be commenced by the entry of a plaint, and shall be called actions. [Order V., Rule la, July 1892.J Trials by agreement under 51 & 52 Vict. c. 43. s. 64. [Rule 2.] Form 13. Actions to recover possession of tene- ments, and actions of eject- ment. 51 & 52 Vict. c.4a.ss.l3g, 139, 59.. 2. Where the parties, in pursuance of section sixty-four of the Act, agree to try any action in a county court, a plaint shall be entered and a summons shall be issued thereon as in other cases, and all the rules and practice of the court shall apply in such cases, so far as the same are applicable. The plaintiff on entering the plaint shall file with the registrar the memorandum of consent required by the Act. 3. Actions brought to recover possession of tenements under the provisions of section one hundred and thirty-eight or section one hundred and thirty-nine of the. Act shall be distinguished as actions for the recovery of possession, and actions brought under section fifty-nine of the Act shall be distinguished as actions of ejectment. Where an action of ejectment is brought in a case in which in the opinion of the judge, an action should ha,ve been brought for the recovery of possession, the plaintiff shall not bg 23 entitled to any further relief or to any further costs than he would Order V. h?ive been entitled to in an action for the recovery of possession. [Substituted for Order Y., H,ule '6.] 4. No plaint shall be entered without the party desiring to enter the ^^^'"1^^,"'^^ °^ same filing at the office of the registrar a praecipe for that purpose. plaint. Such praecipe shall contain — (a) the Christian name and surname, description, and residence or place of business of the plaintiff, and, if the plaintiff is an infant required to sue by a next friend, the particulars required by Rule 16 of this Order ; (6) the surname, and, subject to the provisions of Kule 13 of this Order, the residence or place of business of the defendant, and (where known) his Christian name and description, the number of his house or place of business, and the name of the street in which it is situate ; (c) a statenaent whether the defendant is a male or a female, and, if known, whether of full age or not, and if a female, TV^hpther she is pa£|,fried, single, or a widow ; (d) a short statement of the cause of action, or remedy or relief sought, and the amount of the debt or damages claimed. Where the intended plaintiff is illiterate and unable to furnish the required information in writing, the prsecipe shall be filled up by the registrar's clerk. If the plaint is entered by a solicitor, he shall state in the praecipe his name and place of business. [Rule 4a, Feb. 1892, altered.] 5. Where a company registered under the Companies Acts, 1862 to Precipe 1900, is a defendant, the praecipe shall give an address for service, reKi8tere4 described as " being the regjs|;ere4 ofl^ce of the conapany." [Rule 4b, defendant.^ Tiir „ TQnn ^ 25&26Vict. May, 1899. J c. 89. s. 62. 6. If the plaintiff sues, or the defendant or any of the defendants Capacity is sued, in a representative capacity, it shall be statpd in t|ie prtpcipe ^g^^^-«^ and particulars in what capacity the plaintiff sues or the defendant sues or i«su,d. [Rules.] JSt be stated in praecipe. 24 Order V. Particulars to be stated in praecipe, &c. ■where assignee sues. Assignee not entitled to issue default sammons. 51 & 52 Vict, o. 43. s. 86. Default summons. Prsecipe to state how service to be made. 7. Where an assignee of a debt or other legal chose in action sues, the fact that he is such assignee, and the name, address, and descrip- tion of the assignor, shall be stated in the prsecipe and summons, and in the particulars (if any). [Rule oa, June, 1896. J 8. An assignee of a debt or other leg-al chose in action shall not be entitled to issue a default summons under section eighty-six of the Act. ■ [Rule oft, June, 1896.] 9. Whei"e the issue of a default smnmons is desired, and the plaintiff wishes the same to be served otherwise than by a bailiff, he shall so request in the prtecipe required to be filed before the entry of the plaint. [Order V., Rule 6.] Security for or under- taking as to costs, ■where plaintiff not resi- dent in England or Wales- Form 16. Form 17. Security by person tempora- rily resident in England. 10. ^\'here it appeal's on au application for the entry of a plaint, that the plaintiff' does not i-eside in England or Wales, the summons shall not be issued until security for costs, by deposit of money or otherwise, has been given to the satisfaction of the registrai* : Pro^vided that where the plaint is entered through a solicitor, an undei-taking by him, according to the form in the Appendix, to be responsible for the costs shall be sufficient. If the plaintiff fiuls in or discontinues his action or proceeding, and does not pay the amoimt of costs ordered to be paid by him to the defendant, proceedings mav be taken for the recovery of such amount fi'om him, or from his solicitor if he has given the undertaking, as for the recovei-y of a judgment debt. [Order Y., Rule 7. J 11. A person ordinarily resident out of England and Wales mav be ordered to give such security or undertaking as in the preceding rule mentioned, though he may be temporarily resident in England or Wales. [New ; R.S.C. Order LXV., Rule 6a.] Entry of plaint by letter. 12. Where a person desires to enter a plaint in a court ■withia the district of which he does not reside, he may, instead of attending at the court, transmit, free of cost, to the registntr — (1.) A praecipe containing the information required to be given under Rule 4 of this Order, and where particulars are 25 required under Order VT., Rule 1, as many copies of the Order V. particulars of his demand or cause of action as there are defendants, and an additional copy to file : (2.) A post office order for the fees due upon the entry of the plaint, payable to the registrar at the post office of the town or place in which the court is held : (3.) An envelope addressed to himself, with a penny postage stamp thereon : and upon the receipt of the above the registrar shall enter the plaint, and forward the plaint note to the plaintiff in the addressed envelope. For the purpose of this rule the several districts of the metropolitan courts shall be considered inter se as one district only. [Order V., Rule 8.J 13. (1.) Where leave to enter a plaint under section seventy-four of How leave the Act is required, an apphcation shall be made upon the affidavit Ko^yjg^ of the proposed plaintiff, or of some person on his behalf who has c 43. s. 74. knowledge of the facts, setting forth the facts on which the application ^^ained. is grounded, according to such one of the forms in the Appendix as [Order V., shall be applicable to the case. ^'^ l»Q2'\ (2.) The affidavit on an application for leave to enter a plaint and T^^^j^ issue an ordinary summons shall be according to the form 1895). 8 (1) in the Appendix. ?,t,''^'^ 1896 1 (3.) The affidavit on an application on behalf of an assignee of a ' debt for leave to enter a plaint and issue an ordinary summons shall be according to the form 8 (1) in the Appendix, Forms Sfl') with the addition of a paragraph according to the form 8 (2) in 8 (2). the Appendix, stating the name, address, and description of the person with whom the debt was originally contracted, and that such debt has been absolutely assigned to the proposed plaintiff, and that express notice in writing of such assignment has been given to the debtor. (4.) The affidavit on an apphcation for leave to enter a plaint and Forms 9. issue a default summons under section eighty-six of the •'^^• Act shall, where the amount claimed exceeds five pounds, be according to the form 9 in the Appendix, and shall, 26 Order Y. where such amount does not exceed five pounds,- b.e according to the form 10 in the Appendix. (5.) The affidavit shall be lodged with the registrar, together with a copy of the same for each defendant. (6.) The judge or registrar shall duly consider the facts disclosed by the affidavit, and shall exercise his discretion in each case as to the grant or refusal of leave in accordance with the circumstances. (7.) AVhere the proposed plaintiff is the assignee of a debt, the judge or registrar shall in particular consider whether the proposed place of trial will be less convenient to the defendant than the place at which he might have been sued if the debt had not been assigned, and if he shall be of opinion that it will, he shall refuse leave. (8.) Every order granting leave under this rule shall be signed by the judge or registrar in his own handwriting at the foot of the affidavit. (9.) Subject to the provisions of this rule, leave may be granted, and the summons mav be issued, although the plaintiff cannot give the present place of residence or of business of the defendant ; but in that case the defendant shall be served personally, wherever in England or Wales he may be met with. Service of an ordinary summons in such case may, if so requested in the praecipe, be effected by any person by whom a default summons may be served under Order YII., Rule 33, and where ser\ace is to be effected in accordance with paragraph (c) of that rule item 14 in the scale of costs m^y be entered on the summons. Where service is effected otherwise than by a bailiff, an affidavit of Form 37. service according to the form in the Appendix must be lodged with the registrar seven clear days before the return day. Affidavit 14. The affidavit to be filed for the issue of a default summons 51&52Vict. ^^^^^ section eighty-six of the Act for service in the district shall, c. 43. s. 86. where the amount claimed exceeds five pounds, be according to the summons ^Q^™ 11 in the Appendix, and shall where such amount does not m district, exceed five pounds, be according to the form 12 in the Appendix. 12.''°'^ ' [Rule 9r, April, 1895.J 27 15. Where pursuant to the proviso in section eighty-six of the Order V. Act, the leave of tlie judge or registrar is required for the issue of a summons default summons, no such leave shall be given unless the occupation ^nder and description of the defendant is fully set out in the affidavit (. 43 g ^g' filed for the issue of such summons ; and no such leave shall be ^°^ ^° i^^"^^ 1 -1 rr> 1 ■ ■ 1 1 1 r- 1 ^^ Certain given in cases where m the affidavit it appears that the deiendant cases. is a domestic or menial servant, a labourer, a servant in husbandry, ^^^^ 12. a journeyman, an artificer, a handicraftsman, a miner, or any person engaged in manual labour. [Rule 10. J 16. Where an infant desires to commence an action (other than infant for wages or piece-work, or for work as a servant), or is a claimant ^^^^S- in an interpleader proceeding, he shall sue by a next friend, and the Christian name and surname, description, and residence or place of business of the next fiiend shall be stated in the praecipe ; and such next friend shall, at the time of entering the plaint or delivering the particulars of the goods and chattels alleged to be the property of the infent, either attend at the office of the registrar and give an under- taking, according to the form in the Appendix, to be responsible for costs, or transmit such an undertaking to the registrar : and if such porm 15. undertaking is not given at the office of the registrar, it shall be attested by a solicitor, or by a clerk to a registrar nominated to take ^ affidayits. The plaint shall not be entered or the particulars received until such undertaking has been given, and on entering into such undertaking the next fiiend shall be Hable in the same manner and to the same extent as if he were himself the plaintiff ; and the action or interpleader proceeding shall proceed in the name of the infant by such next friend, and the undertaking shall be filed by the registrar ; JDi^t no order of the court shall be necessary for the appointment of such next friend. If the infant fails in or discontinues his action or proceeding, and does not pay the amount of costs ordered to be paid by him to the defendant, proceedings may be taken for the recovery of such amount from the next fi"iend as for the recovery of a judgment debt. [Rule 11a, May, 1899. J 17. Where a plaint is entered by a married woman in which her Married husband is not joined, she shall state the name, and, so far as she ^°™®" can, the address and description of her husband. [Rule 12a, May, 45&46Vict. 1899, altered.] ""■ '^^- 28 Order V. Person of nnsonnd mind suing. Practice ■where plaintiff by default summons does not require payment forth-with. Form 24. 18. Where a plaint is entered or a claim in an interpleader proceedinor is made by or on behalf of a person of unsound mind not so found by inquisition, he shall sue by a next fiiend ; and the provisions of Rule 16 as to an in&nt suing by a next friend shall apply to a person of unsound mind so suing. [Rule 12b, May, 1899.] 19. Where a plaintiff requiring a de&ult summons does not desire the order upon the judgment to be for payment forthwith, he may at the time of the entry of the plaint file a notice of the time or times, and of the instalments, if any. at or by which he consents to accept payment, together with as many copies of such notice as there are defendants ; and a copy of such notice shall be annexed to the summons and served therewith ; and if he neglects to file such notice he may nevertheless give notice to the registrar to the like effect at the time of entering up judgment. [Rule 13.] Order VI. ORDER VI. Particulars and Statement of Claim. 1. Subject to the provisions of these rules, the plaintiff shall at the time of the entry of the plaint in every action file particulars of his claim or demand, in which he shall specify the cause of action in respect of which the action is brought, as well as the pecuniary or other claim which he seeks to establish ; but this rule shall not apply where the action is brought by ordinary summons for debt or damages only, and the amount claimed does not exceed forty shillings. Where the claim or demand exceeds fifty pounds, and the plaintiff desires to abandon the excess, the abandonment of the excess shall be entered at the end of the particulars. 2. In cases in which the plaintiff in the first instance desires to have an account taken, the particulars shall contain a claim that such account be taken. [Rule '2.] Particu- lars, when to be filed. [Order VI., Rule la, Feb. 1892.] Abandon- ment of excess of claim over £50. Particulars in cases of account. 3. In actions of ejectment, the particulars shall contain a full Particulars of eject- description of the property sought to be recovered and of the annual ment. value thereof, and of the rent, if there be any. fixed or paid in respect thereof. [Rule 4.J tration. [Rule 6.] 29 4. Where an action is brought under section sixty of the Act, Order VI. whatever tlie amount of damages claimed may be, the plaintiff shall, particulars at the time of the entry of the plaint, file a concise statement in inaciions iiii(i©r writing of his cause of action, and of the particulars thereof. 51 & 53 [Rule 5.1 Vict. c. 43. ■- -■ s. 60. Form 279. 5. Where any person entitled to bring or maintain an action for the in action administration of the estate of anv deceased person or the execution of *?'" ^^^^' . . nistration any trust desires to submit for the determination of the court any of plaintifiE the following questions or matters : — ™*^ ^^ (a.) any question affecting the rights or interests of any person questions claiming to be creditor, devisee, legatee, next of kin, or heir- may be , . ■ decided, at-law, or cestui que trust : and re- {b.) the ascertainment of any class of creditors, legatees, devisees, ^j^^^*j^ next of kin, or others : general order for (c.) the furnishing of any particular accounts by the executors adminis- or administrators or trustees, and the vouching (when necessary) of such accounts : (d.) the payment into court of any money in the hands of the executors or administrators or trustees : ' (e.) directing the executors or administrators or trustees to do or abstain fi-om doing any particular act in their character as such executors or administrators or trustees : {f.) the approval of any sale, purchase, compromise, or other transaction : (9.) the determination of any question arising in the administration of the estate or trust : he shall in his particulars specify concisely the question or matter upon which the decision of the court is required ; and that he is willing to renounce his right to an order for a general administration of the estate or trust. 6. Where the plaintiff seeks to obtain payment or satisfaction, or Particulars relief, redress, or remedy upon more than one cause of action or claim, ^ore^ti^an he shall in his particulars state the grounds of each claim separately, one cause and shall also state separately the payment or satisfection, rehef, °* ^'^^^°'^- redress, or remedy he claims in respect of each. [Rule 7.J 30 Notice by defendant for further particulars. [Rule 8.] Fraction of a penny. Obder YI. 7. In any action the defendant may, at any time not later than five clear days before the return day, give notice to the plaintiff that he requires further particulars, and the plaintiff shall, within two clear days of the service of such notice, file full particulars of his claim, and of the I'elief or remedv to which he claims to be entitled, and shall within the same time deliver to the defendant a copy thereof. If the plaintiff fails to comply with such notice, or complies therewith insufficiently, the court, before or at the tritd, if satisfied that the defendant is thereby prejudiced in his defence, may order the plaintiff to file and deliver fiiU particulars, and may adjourn the action, and stay all proceedings thei'ein until such order has been complied with, and may make such order as to costs as the court may think fit. 8. Where the amount claimed in any case includes a fraction of a penny, such fraction shall not be entered in the books of the court, and judgment shall not be given for any fraction of a penny. [Rule 9.] Signature 9. Where a plaintiff sues by solicitor, the particulars must be signed to particu- ^y ^jjg solicitor in his own name or that of his firm, and he shall lars by '-' _ _ _ ' solicitor or state thereon his place of business and where he will accept service of *1 1?^^^^ proceedings in the action or matter on behalf of the plaintiff', otherwise the costs of entering the plaint by solicitor shall not be allowed. Provided that the clerk of a solicitor, if duly authorised, may sign the particulars on behalf of and in the name of his master. If in the opinion of the court the pai'ticulars are insufficient, the costs of entering the plaint by solicitor shall not be allowed unless the court otherwise orders. [Order VI., Rule 10a, Feb. 1892. Last paragraph new.] Order VII. ORDERlVII. Plaint Note and Summons. Service. Guardians ad Litem. Plaint Note. Plaint note. ^- ^^ ^^ *™^ ^^ entering a plaint the registrar shall give to the Forms 18 Plaintiff a note under the seal of the com-t, accordhig to the form 19, 20, 31. in the Appendix. In the e\eut of such note being lost or destroyed, 31 a duplicate thereof may be given from time to time, upon proof by Ordbu affidavit or otherwise, to the satisfaction of the registrar, that the person applying is the plaintiff, or his agent authorised in that behalf, and that the plaintiff is entitled to the money (if any) paid into court to his credit. [Order VTL, Rule l.J Summons on Plaint. 2. A summons to appear to a plaint shall be according to one or Form and other of the forms in the Appendix, and shall be dated of the day gTimmong on which the plaint was entered, and the date thereof shall be the -r, go commencement of the action. [Eule 2. J 23, 25. 3. Where leave is granted under the provisions of section seventy- Where four of the Act to issue either an ordinary or a default summons for |^®^® ^ service out of the district, the copy affidavit mentioned in Order V., 51&52Yict. Rule 13, with a copy thereon of the order granting leave, shall be ''' ' ^' annexed to the summons and served therewith. [Rule 3a, Feb. 1892. J 4. In all cases the particulars where required to be filed shall be Particulars annexed to the summons before service, and shall be deemed to be *P ^® , ' deemed part thereof. [Rule 4.] part of summ.ons. Ordinary Summons and Service. 5. An ordinary summons may be made returnable either at the court Ordinary for which plaints are then being entered, or at the request of the summons plaintiff at any subsequent court. [Rule 5. j returnable 6. (1.) Subject to the provisions of this rule, where an ordinary Successive summons has not been served, successive summonses may be issued ^^^' ' •' mouses. without entering a new plaint. (2.) A successive summons shall not be issued in any case in which the non- service has been caused by the fact of the plaintiff having 32 Order VII. mis-stated the name of the defendant or having given a wrong or insuflficient address, or of the defendant having, before the enti-v of the plaint, removed from the address given on the entry thereof, unless the plaintiff satisfies the court that the mis-statement or wrong or insufficient address was made or given in good faith, and without any want of reasonable care on his part, or that he could not by the exercise of reasonable care have discovei'ed the fact of such removal before the entry of the plaint. (3.) If the bailiff ascertains in sufficient time before the return day, and before notice of non-service has been sent, that the defendant has removed from the address given on the summons to some other address within the district of the court, it shall be his duty to effect service in accordance with Order II., Eule 22. (4.) Successive summonses shall bear the same date and number as the summons first issued, which date and number shall be written in red ink in the plaint book, and such summonses shall be a continuance of the first summons. {5.) No successive summons shall be issued on a plaint after three months from the date of entry. [Rule 6, revised.] Successive summons where defendaait removes from dis- trict after entry of plaint. 7. Where an ordinary summons, whether issued for service in or out of the district, has not been served by reason of the defendant having after the entry of the plaint removed out of the district in which such summons was required to be served, a successive summons may be issued under the last preceding rule for service on such defendant in any other disti'ict to which he has removed. [Rule 6a, June, 1896.J Delivery and service of sum- mons in action of ejectment. 51&52V^ict. c. 43. 8. 59. 8. The summons in an action of ejectment brought under section fifty-nine of the Act shall, in order to insure its service, be delivered to the bailiff forty clear days at least before tlie return day, and shall be served thirty-five clear days at least before the return day thereof. [Rule 7. J 33 9. An ordinary summons to appear to a plaint (except in an action ^^^^'^ of ejectment) shall, in order to insure its service, be delivered to the bailiff, where it is to be served in the home district fifteen clear ^^y'^^^JJ" days at least, and Trhere it is to be served in a foreign district mons is to eighteen clear days at least before the return day, and shall, in jj^^j.^^ f^j. either case, be served ten clear days at least before the return day service. thereof : Provided that a summons may be issued and served at any Time of . ^ • -te I, service, time before the return day, on production by the plaintiff to the registrar of an affidavit showing that the defendant is about to remove out of the district of the court, or out of the district of the court in the district of which he resides ; and the service of such summons may be deemed good service, if at the hearing the judge is satisfied, on the evidence on oath before him, that such party was about to remove out of the district of such court ; but in every such case, whether such proof be given or not, the judge may, in his discretion, and on such terms as he may think fit, adjourn the hearing. [Rule 8 ; amended May, 1899. J 10. (1,) Subject to the provisions of this and the following rules, Mode of service of an ordinary summons shall be effected by delivering the ^^ qj.^j_ same to the defendant personally, or to some person apparently not nary sum- less than sixteen years old at the house or place of dwelling or place of business of the defendant. Form 29. (2.) Provided that service may be effected — (a) in the cases mentioned in Rules 12 to 16 and 18 to 27 (both inclusive) of this Order, in the manner prescribed by those rules ; or (b) under an order for substituted service as prescribed by Rule 40 of this Order. (3.) For the purposes of this rule a place of business shall not be deemed to be the place of business of the defendant unless he is the master or one of the masters thereof. [Rule 9a, Feb 1892.1 8775 a 54 Order h. Where by the indorsement on the copy of an ordinary summons 1 it appears that service was effected by delivering the summons to some ^^*'i'' person apparently not less than sixteen years old at the house or place left at resi- of dwelling or place of busuiess of the defendant, and the defendant dence or ^j^gg j^^^ appear on the return day, the action shall not proceed if the place of ^^ ^ r. 1 L • r u business of coml is satisfied, on the evidence before it, that the service of such defendant, summons did not come to the knowledge of the defendant before the and he ^ does not return day. appear. In such case the court may either order the action to be struck out. or order a successive summons to issue, as to it may seem just ; or, if the court is iu doubt whether the service of the summons has come to the knowledge of the defendant before the return day, it may order the action to be struck out. or order a successive summons to issue, or Form 9oA. may adjourn the action to a future day for further evidence ; and may in that case direct notice of such adjournment, with a copy of the summons and particulars, to be served on the defendant : and such notice and copy may be served by the high bailiff by post in accordance with the provisions of Order LIV"., Rule 2. [Rule 9,', Feb. 1892, altered.] Service on 12. ^Y here a solicitor represents to the bailiff that he is authorised solicitor. ^Q accept ser\ice on behalf of a defendant, it shall be sufficient service to deliver the summons to such solicitor, proA'ided that such solicitor shall, at the time of such delivery, indorse upon the copy of the summons retained b}- the bailiff a memorandum that he accepts service thereof on behalf of such defendant. [Rule 9c, Fel). 1892. J Service on lo. Where an infant is a defendant, service on his father or guardian, or (if none) on the person with whom the intiint resides or under whose care he is, shall, unless the court otherwise orders, be deemed gxKjd service on the infant. Provided that the court may order that service made or to be made on the infant shall be deemed good service. [Rule 10 : Proviso new : see R.S.C., Order IX., Rule 4, J Service on 14. Where a lunatic or a person of unsound mind not so found by person oT iiiqi^isitioi is a defendant, service on the committee (if any) of the unsound kmatic, or (if none) on the person with whom the person of unsound mind resides or under whose care he is, shall, unless the court 85 Okdbr otherwise orders, be deemed good service on such deiendant. vil. [Rule 11.] 15. Where persons are sued as partners in the name of their firm, Service on the summons shall be served either upon any one or more of the rj^^jg i2a, partners, or at the principal place of the partnership business in Feb. J 892.] England or Wales upon any person having or appearing to have at at the time of service the control or management of the business there, and, subject to these rules, such service shall be deemed good service on the firm so sued : Provided that in the case of a co-partnership which has been dissolved to the knowledge of the plaiatiif before the commencement of the action, the summons shall be served upon every person sought to be made liable. 16. Where one person carrying on business in a name or style Service other than his own name is sued in such name or style as if it ^^^ carries were a firm name, the summons may be served at the principal on business place of business of such person in England or Wales upon any other than person having or appearing to have at the time of service the ^is o^^n. control or management of the business there ; and such service, if sufficient in other respects, shall be deemed good service on the person so sued. [Rule 13a, Feb. 1892. J 17. Where husband and wife are both defendants they shall both Wherehns- T bandana be served, unless the court otherwise orders. [Rule 14.] wife are defendants. 18. Where a defendant is living or serving on board of any ship Service or vessel, it shall be sufficient service to deliver the summons to the f^n^^nt^on person on board who is, at the time of such service, apparently in board ship. charge of such ship or vessel. [Rule 15. j 1 9. Where a defendant is residing or quartered in any barracks. Service on and serving His Maiesty as a soldier or marine, it shall be sufficient soldier "_*'•' ' or marine. service to deliver the summons at the barracks to the adjutant of the corps, or to any officer or sergeant of the company or troop to which such soldier or marine belongs. [Rule 16. J 20. Where a defendant is a prisoner in a gaol, it shall be sufficient Service on service to deliver the summons at the gaol to the governor or any P^'^^oner. person appearing to be the head officer in charge thereof. [Rule 17.] 8775 C 3 36 Order 21. Where a defendant is working in any mine or other works underground, it shall be sufficient service to deliver the summons Service on ^t the mine or works, to the eng-ine-man, banks-man, or other person apparently in charge of the mine or works. [Rule 18. j miner. Service 22. Where a defendant is employed and dwells in any lunatic fendant ^^ other publ'c asylum, or in any common gaol or house of employed coiTection, it shall be sufficient service to deliver the summons to in public i i i ^ i i i i l asylum or the gate-keeper or lodge-keeper of the asylum, g^aol, or house or prison. correction. [Eule 19. J Where defendant keeps his . house closed. 23. Where a defendant keeps his house or place of dwelling or place of business closed, so as to prevent a bailiff from serving a summons, it shall be sufficient service to affix such summons on the door of such house or place of dwelling or place of business. [Rule 20.] Service in case of vacant pos- session. 24. Service of the summons in an action of ejectment, or for the recovery of possession of a tenement, may, in case of vacant possession, if it cannot otherwise be effected, be made by posting a copy of the summons upon the door of the dwelling-house or other conspicuous part of the property. [Rule 21. J Service Tvhere violence threatened. 2o. Where a bailiff is prevented by the violence or threats of the defendant, or of any other person in concert witli him, from personally serving the summons, it shall be sufficient service to leave such summons as near to the defendant as practicable. [Rule 22. J Service of Bnmmons on cor- poration, hundred, &c. 26. (1.) In the absence of any statutory provision regulating the service of process, service on a corporation aggregate may be made •on the mayor or other head officer, or on the town clerk, clerk treasurer, or secretary of such corporation ; and when by any statute proyision is made for service of any summons, petition or other process upon any corporation, or upon any hundred or the inhabitants of any place, or any society or fellowship, or any body or number of persons, whetlier corporate or unincorporate a summons may be served in the manner so provided. [Rule 23.1 37 (2.) The statutory provisions with respect to service contained in — ^v?t^^ V 11, Statutory (a) the Companies Clauses Consolidation Act, 1845 : provisions as to service on companies. (6) the Lands Clauses Consolidation Act, 1845 : o. i6. s. is's. 8 & 9 Vict. 0. 18. s. 134. (c) the Eailways Clauses Consolidation Act, 1845 : and c. 20. s. i38. 25 & 26 Vict. c.89.BS.62,63. (d) the Companies Acts, 1862 to 1 900, [Rule 23a, May,1899.] are set forth in Part III of the Appendix. Appendix, ^^ Part III. 27. Service of a summons on a railway company may be effected by Service on delivering the summons to a secretary, station master, or clerk of the company, company, at any station or office of the company within the district of the court in which the summons is to be served. [Rule 24. J 28. Where a summons has been served in one of the modes Where herein-before mentioned, but it appears that it has come to the has come to knowledge of the defendant less than ten clear days before the return knowledge day, the action may, at the discretion of the court, proceed or be dant less adiourned, whether the defendant appears or not on such return day. *^^^ *^^ n? 1 o«l ■ days before [Kuie .^b.J return day. 29. Where a summons is issued under section eighty-four of the Where Act, it shall be served by a bailiff of the court within the district of issues which the defendant dwells or carries on business, unless the court under 51 & otherwise specially orders : Provided that this rule shall not interfere 43. g. 84, ' with the general power now vested in the bailiff of the court from which a summons issues to serve the same within five hundred yards of the boundary of the district of such court. [Rule 27. j Default Summons and Service. 30. A default summons shall be personally served within a period Service of of twelve months from its date ; but if any defendant named in any aummone. such summons has not been served therewith, the plaintiff may, before the expiration of twelve months, apply to the registrar, and if the registrar is satisfied that reasonable efforts have been made to 38 Service on a firm. Service on corpora- tion, &c. Order serve such defendant, or that there is some other good reason why ! service has been delayed, he may issue a successi^•e summons for a further period of twelve months, and so from time to time during the currency of the successive summons ; and such successive summonses shall be a continuance of the action on and from the day on which the plaint was entered. [Rule 29. J 31. Where a defiiult summons is issued ag"ainst partners in the name of the firm, it shall be deemed to be sufficiently served on the firm if served personally on any one of the partners. [Rule 29flf.] 32. Where a default summons is issued against a corporation, or figainst any other defendant or body of defendants mentioned in Rule 26 of this Order, it shall be deemed to be sufficiently served on such corporation or other defendant or body of defendants if served in accordance with the said rule. [Rule 296, April, 1895.] 33. A default summons may be served in any district in which the defendant may be met with by — (a.) a bailiff of a court ; or, when so requested on the entry of the plaint under Order V., Rule 9.,— (b.) by the plaintiff, or some clerft or servant in his permanent and exclusive employ ; or (c.) by the plaintiff's solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them. Provided that, if in any case in which no request has been made on the entry of the plaint under Order Y., Rule 9, any difficulty is experienced by the bailiff in effecting service, the summons may by leave of the registrar be served by the plaintiff or some clerk or servant in his permanent and exclusive employ, or by the plaintiff's solicitor or the agent of such solicitor as aforesaid, or some person in the employ of either of them. [Rule 30. j Where ser- 34. Where a default summons has been served otherwise than by etherise ''' ^^^^^^j * ^^PJ "^ such summons, with the date and place of service than by indorsed thereon, shall within three clear days next thereafter, or such bailiff. Default summons may be served in any dis- trict. By whom service may be eflEected. 39 further time as may be allowed by the registrar of the court issuing such Order summons, be delivered or transmitted to such registrar by the plaintiff. [ The plaintiff shall also (unless the defendant gives notice of defence or admission of the debt), after .the expiration of the time limited for giving notice of defence, but before or at the time of entering up judgment, deliver or transmit to such registrar an affidavit of the service of such summons, according to the form in the Appendix, or Form 37, the order giving liberty to proceed as if personal service had been Form 46. effected, as the case may be. [Rule 31, July, 1892. J 35. Where a default summons has not been returned to the When de- registrar within twelve months from the date of its issue it shall be mons to struck out of the plaint book, unless the time for its ser^dce has been ^^ struck extended. [Rule 32.] 36. Where after service of a default summons has been effected on Limitation any defendant no notice of intention to defend has been given by him, signing or leave to defend has not been obtained, and two months have judgment .on default expired from the date of service, judgment shall not be entered agamst summons. such defendant. [Rule 33a, Feb. 1892.J 37. Where a default summons has been served in due time to Where prevent the operation of a statute of limitations, and either party dies p^p^y (jjgg after the service and after the lapse of the period within which it is after SGrvicG of provided by the statute that an action may be brought, proceedings an rnm nna may be taken by or against the surviving party, or by or a,gainst the to save personal representative of the deceased party, within one year from the day of service of the summons. [Rule 34.] 38. A default summons may, at the request of the plaintiff, be Exchange exchanged without fee for an ordinary summons, upon the default ^^^ ^ *" summons being filed in court within twelve months of its issue, ordinary rT> 1 j ./ mitted after or counter-claim, he must pay into court in respect of the court dediibting _ _ ' ^ •' ^ set-off or fees and solicitor's costs (if any) entered on the summons a suni counter- claim, proportionate to the amount paid in in i-espect of the plaintiff s claim. [Substituted for Rule 16a (July, 1892),] Money 18. Where a defendant pays money into court in order that he teVetained "^^^ ^^"^^ '^^ ^^ defence of tender, the money shall not be paid out if defence until after the judgment, and any costs awarded to the defendant shall be deducted therefrom and paid to the defendant. [Rule 17. J Money 19. Where a defendant pays into court a sum less than the sum ^^th ff ■ 1 claimed, with a notice of denial of liability, and the plaintiff does not of liability, accept the same in satisfaction of his claim, the money shall not be May 1899*1 P^^'^ '^^^ until after the trial and judgment ; and if the plaintiff recovers less than the amount paid into court, the balance of such amount shall be repaid to the defendant, unless the court otherwise orders, and the court may order any costs awarded to the defendant to be set off against the amount recovered by the plaintiff ; and if the defendant succeeds, the whole amount paid into court shall be repaid to him, unless the court otherwise orders. Payment 20. Where money is paid to the plaintiff instead of being paid to plaintiff into court, the following provisions shall apply : — instead of into court. q_^ If the plaintiff accepts the money so paid in satisfaction of his Form 76. claim, he shall send to the registrar and to the defendant notice of such acceptance in accordance with Rule i;^ of this Order. (2.) Thereupon the action shall abate, except as herein provided and the plaintiff shall not be liable to any costs incurred bv the defendant after receiving such notice. bh (3.) In any such case the court may, in its discretion, order the Order IX. defendant to pay such fees and costs, beyond the fees and Form 77. costs (if any) paid to the plaintiff by the defendant, as the plaintiff may have properly incurred for work done before the receipt of the money so paid, and in attending the court to obtain the order for the same (including, if the judge on consideration of the facts of the case so orders, any of the items whi,ch might have been allowed by order of the judge at the trial), but no hearing fee shall be charged. (4.) If the plaintiff intends to apply for such costs, he shall give notice of his intention according to the form in the Appendix, Form 76. in accordance ^Aith Rule 13 of this Order, or where the time of payment to the plaintiff by the defendant does not permit of notice of acceptance being given, the plaintiff may apply for such costs without giving such notice. (o.) Where the plaintiff has not given notice of acceptance in accordance with paragraph 1 of this rule, he may nevertheless accept the money paid to him at any time before the case is called on and opened, subject to the payment of any costs which may have been reasonably incurred by the defendant since the date of payment, and which may be allowed by the court. (6.) In default of acceptance the action may proceed. (7.) If the action proceeds, the sum paid to the plaintiff shall be included for the purpose of calculating the amount on which the hearing fee and any costs allowed to the plaintiff are to be charged ; but if the plaintiff recovers more than v Hughes v. the sum so paid, judgment shall be entered only for the fS^f'^'n additional amount recovered and for the fees and costs 667.] so allowed to the plaintiff : and if the plaintiff recovers no more than the sum so paid, the judge may order him to pay to the defendant the cosis incurred by him after such payment. [New.] 11. Money paid into court, whether under a judgment or order Payment. or otherwise, shall be paid out to plaintiffs pursuant to Order II., of money Rule 10, on production of the plaint note or the duphcate mentioned court. 56 Order IX. Payment out of court by cheque or post ofiQce order. [Rule 19.] in Order VII., Rule 1, and to defendants on production of the summons issued in the action, or the duplicate mentioned in Order LIV., Rule 26. Money paid into court by plaintiffs in replevin or under Rule 16 of this Order shall be paid out pursuant to Order II., Rule 10, on proof to the satisfaction of the registrar that the person applying for the same is entitled or authorised to receive the same. [Rule 18. J 22. Where money has been paid into any court other than the court within the district of which the party to whose credit such money has been so paid resides or carries on business, upon trans- mission of the .plaint note, with a request and a receipt (duly stamped where necessary) by such party, the registrar of the court into which the money has been so paid shall transmit such money to such party by registered post letter, inclosing a crossed cheque or a post office order less the cost of remittance, and such remittance shall be at the risk of the said party. For the purpose of this rule the several districts of the metropolitan courts shall be considered inter se as one district only. [Rule 19. J 23. The rules of this Order as to payment into or out of court When rules of this Order not to a^iy- shall not apply to any payment into or out of court in pursuance of c. 43. ss. 67 any order or direction made under the provisions of sections sixty- si & 32 vict. seven to seventy-one of the Act, or the Partition Acts, 1868 and 0. 40. -^ . ' ' 39&4oviot. 1876, or otherwise under the equitable jurisdiction of the court. "■ "■ [Rule 20.J Payment into court and invest- ment of moneys awarded to or re- covered by infant or pp.rson of unsound mind. 24. In any action or matter in which a sum of money has been awarded to or recovered by an infant or person of unsound mind not so found by inquisition, the judge may at or after the trial order that the whole or any part of such sum shall be paid into court to the credit of an ;xccount intituled in the action or matter ; and any sum so paid into court may either be invested, or be paid from time to time out of court to such person as the judge may direct, to be held and applied for the benefit of such infant or person of unsound mind in such manner as the judge may from time to time direct. [Rule 21.j Orders as to moneys -, ■ -, in court or pursuant to the order of the judge under the last precedino- rule it lb. When any moneys have been paid into court or invested 57 shall not be necessary that applications in regard to them shall be Order IX. made by petition. Any person interested may apply in person to the invested judge, and he, on such evidence o£ right and identity as he may "nder last think necessary, may make such order as he may think fit. [Rule 22. Feb., 1892.] 26. Where an action or matter is tried with a jury, no communica- Payment tion to the jury shall be made until after the verdict is given, either of ^^^ ^.^ ^^ the fact that money has been paid into court, or of the amount paid communi- in. The jury shall be required to find the amount of the debt jury, or damages, as the case may be, without reference to any payment into court. [Rule 23, June, 189 6. J ORDER X. Order X. Special Defences. 1. Where a plaintiff sues on behalf of^or for the benefit of others "Where having the same interest, the defendant may avail himself of any plaintiff defence in respect of each of the persons in whose behalf or for whose behalf of benefit the plaintiff so sues which he would have have had against otl^^rs. such person if he had been plaintiff. [Order X., Rule 1.] 2. A defendant in an action may set off, or set up by way of Set-pfiE and counter-claim against the claims of the plaintiff, any right or claim, counter- whether such set-off or counter-claim sound in damages or not, and rp , n i such set-off or counter-claim shall have the same effect as a cross action, so as to enable the court to pronounce a final judgment in the same action, both on the original and on the cross claim. [Rule 2.] ■ 3. Where the plaintiff objects in writing under the powers given Objection by section eigiiteen of the Supreme Court 'of Judicature Act, 1884, ^^13^^47^^ to the court giving any relief on any counter-claim exceeding that 48 Vict. which the court would have jurisdiction to give independently of ' ' ' ' that Bection, he shall give notice in writing of his objection to 58 Order X. the registrar and to the defendant, according to the form in the Form 78. Appendix, within two clear days after the receipt of notice of the counter-claim. The plaintiff may at the time of giving notice of objection also give notice that he will on the day fixed for the trial apply to the judge to adjudicate upon the original claim (if not admitted), subject to such order as the judge may make for the stay of execution or otherwise in reference thereto. In action 4. In an action of ejectment or for the recovery of possession of a of eject- . -, n -I • ^ mentor for tenement any person not named as a detendant m the summons may recovery of by leave of the court be allowed to appear and defend on filing, in an possession, "^ . . t , t -, . . ^ , any person action 01 ejectment twelve clear days, and in an action tor the not named recovery of possession five clear days at least before the return day defendant an affidavit, together with as many copies thereof as there are plaintiffs may, y ^^^ defendants, showing that he is in possession either by himself or appear. his tenant of the property or some part thereof mentioned in the particulars (such part being described in the affidavit with reasonable certainty) ; and upon such affidavit being filed and leave given, the registrar shall enter the name, address, and description of the person Form 254. filing the affidavit in the plaint book as a defendant in addition to the name of every person originally made defendant, and shall in an action of ejectment ten clear days, and in an action for the recovery of possession three clear days at least before the return day give notice, according to the form in the Appendix, by post or otherwise, to the plaintiffs and the original defendants, that the person filing the affidavit has tiled the same, and will appear and defend at the trial of the action, annexing to each notice a copy of the affidavit. In all subsequent proceedings in the action the perf*on filing the affidavit shall be named as a defendant. [Rule 4. J In action ^ j^^ ^^ action of ejectment or for the recovery of possession of mentor for a tenement any defendant may, in an action of ejectment twelve possess^n ^^^^^ days, aiid in an action for the recovery of possession five defendant clear days at least before the return day, file with the registrar a notice notice that i" writing, together with a copy for the plaintiff, according to the he will form in the Appendix, that he intfends to limit his defence to a part defence to odIj of the property mentioned in the particulars, describing that part part of the ^^ g^g]^ notice with reasonable certainty ; and the reeristrar shall in an property. . „ . , . . • Form 255. action of ejectment ten clear days, and in an action for the recovery 59 of possession three clear days at least before the return day send the Order X. copy of such notice by post to the plaintiff. [Rule 5. J 6. A defendant intending to avail himself of the power given by Objection section sixty-two of the Act to object to an action being tried in the tion^™ court, shall give notice in writing to the registrar and to the plaintiff court. 51 five clear days at least before the return day, by post or otherwise, c. 43. s. 62. according to the form in the Appendix, and shall therein name the Form 79. parties whom ne proposes to be his sureties, or state therein his Form 82. willingness to deposit money in lieu of giving security ; and if he , fails to give such security or make such deposit before the return day, or fails to give such notice of his intention to object as aforesaid, he shall not be entitled to object to the action being tried in the court. He shall also after giving such notice as aforesaid apply ex parte to the judge on affidavit for his certificate that in his Form 80. opinion some important question of law or fact is likely to arise in the action, and if the certificate is granted notice thereof Form 81. shall be sent by the registrar to the plaintiff by post or otherwise. The affidavit above referred to shall specify any important questions of law or fact which are likely to arise in the action ; and in the case of a question of law, shall further specify the facts which are relied on as likely to raise such question. [Rule 6. J 7. Where a plaintiff avails himself of the provisions of section Where one ninety-seven of the Act, and does iiot procfeed against all of several ^ ^f^^^ persons jointly answerable, every defendant sued may avail himself jointly of any defence or counter-claim to which he would .have been entitled jg g^g^ if all the persons liable were made defendants. [Rule 7.1 51&52Vict. ^ *■ -■ c. 43. s. 97. 8. Where in an action any person has been improperly or Misjoinder unnecessarily joined as a co-plaintiff, and a defendant has set up ^^g ^^^'t a set-off or counter-claim, he may obtain the benefit thereof by defeat establishing his set-off or counter-claim as against the parties other claim than the co-plaintiff so joined, notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon. [Rule 8.] 9. A defeiidaht in any action or matter may file a statement Disclaimer, disclaiming any interest in the subject matter thereof, or admitting and^oth^'^' or denying any of the statements in the plaintiff's particulars, or statements by defen- dant. 60 Order X. raising any question of law on such statements without admitting Form 83. the truth thereof ; or he may state concisely any new fact or docu- ment upon which he intends to rely as a defence, or which he intends to bring to the notice of the court ; and a copy of such statement shall be filed therewith, and such copy shall be trans- mitted by the registrar to the plaintiff: Provided always, that in exercising his discretion as to costs the judge shall consider the fact of a defendant having or not having availed himself of the powers given by this rule. This rule shall apply to a plaintiff who is defendant by counter-claim. [Rule 9.] Notice to be given of special defences. Forms 84, 85. Set-o£E or counter- claim. Form 84. Infancy. Form 85. 10. Where a defendant intends to rely on any of the grounds of defence mentioned in Rules 12, 13, 14, 15, 16, 17, 18, 19, and 20 of this Order, or upon any set-off or counter-claim, he shall file in duplicate a notice stating thereon his name and address, together with a concise statement of his grounds of defence, or of his set-ofiE or counter-claim, five clear days at least before the return day ; and the registrar shall thereupon, within twenty-four hours after re- ceiving the same, transmit by post one copy of such notice and statement to the plaintiff : Provided that in case of non-compliance with this and the above-mentioned rules, and of the plaintiff's not consenting at the trial to permit the defendant to avail himself of such defence, set-off, or counter claim, the judge may, on such terms as he may think fit, adjourn the trial of the action to enable the defendant to give such notice. [Rule 10. J 11. Where a defendant intends to rely on a set-off or counter- claim against any of the claims of the plaintiff, his statement shall contain particulars of such set-off or counter-claim, and mutatis mutandis the provisions of Order VI. shall apply to such particulars. [Rule 11. J 1 2. Where a defendant intends to rely on the defence of infancy, he shall in his statement set forth, so far as he is able, the place and date of his birth. [Rule 12. ] Coverture, 13. Where a female defendant intends to rely on the defence of Form 85 coverture, she shall in her statement set forth, so far as she is able, the place and date of her marriage, together with the Christian name 61 and surname of her husband, and his address and description so far Order X. as known. [Rule 13. J 14. Where a defendant intends to rely on the defence of any Statute of - T • ■ 1 . , ,, -i T X xT. r limitations, statute oi hmitations, his statement shall be accordmg to the lorm in the Appendix. [Rule 14a, April, 1895.J ^'"^""^ ^^• 15. Where a defendant intends to rely on the defence of a Bank- release under any statute relating to bankrupts, he shall in his jpQj.^^f, statement set forth the date of his discharge, and the court by which such discharge was granted. [Rule 15.] 16. Where in any action for libel or slander the defendant relies Defence as a defence on the fact that the libel or slander is true, he shall gjander is in his statement set forth that the libel or slander complained of true. is true in substance. [Rule 16. j ^^'^ 17. Where in any action for libel or slander the defendant does not Facts in rely as a defence on the fact that the libel or slander is true, but ^^df^ages relies in mitiaration of damages on the circumstances under which the in libel or . . slander. libel or slander was published, or on the character of the plaintiff, be * „ shall in his statement give particulars of the matters relating thereto 87. as to which he intends to give evidence. [Rule 17.] 18. When in any action the defendant relies on any statutory defence. Statutory or on any defence of which he is required by the Act or any statute to " give notice, he shall in his statement (except in the case provided for by Rule 14 of this Order) set forth the year, chapter, and section of the statute, or the short title thereof, and the particular matter on which he relies, or otherwise sufficiently indicate the nature of the defence on which he relies. [Rule 18a, Feb. 1892 ; amended Nov. 1900.] 19. Where a defendant claims to be entitled as matter of defence to Equitable any equitable estate or right, or to relief on any equitable ground '®"®f- against the claim of the plaintiff, or any part thereof, he shall in his statement show concisely the circumstances which give rise to such defence, and set forth separately each of the grounds of equitable defence. [Rule 19.] 20. Where the defence is a tender, such defence shall not be Tender, available imless, at the time of filing the notice of such defence, the Form 85. 62 Order X. defendant makes payment into court (which may be without costs) of the amount alleged to have been tendered. [Rule 20. J Notice of defence to counter- claim. Where connter- claim affects other per- sons. 21. Where in answer to a counter-claim the plaintiff intends to rely on any of the defences mentioned in Rules 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of this Order, he shall file notice thereof in accordance with the said rules. All the provisions of Rule 1 of this Order, mutatis mutandis, shall apply to such notice, except that the provision as to- the time for giving such notice shall not apply unless the plaintiff, after receipt of notice of counter-claim, might, if he had used reasonable expedition, have filed his notice five clear days before the return day. [Rule 21. J 22. Where a defendant by his defence sets up any counter-claim which raises questions between himself and the plaintiff along with any other person, he may apply to the court under Order XIV., Rule 2, to add the name of such person as a party to the counter- claim ; and that rule, and the other provisions of Order XIV:, and Rule 21 of this Order, shall apply to a person made defendant to a counter-claim in the same manner as to a person made defendant to an action, or to a plaintiff made defendant to a counter-claim. [Rule 22, altered.] Order XI. Notice of claim to contribu- tion or in- demnity. Filing and service. Form 88, ORDER XI. Claim for Contribution or Indemnity. 1. Where a defendant claims to be entitled to contribution or indemnity against any person not a party to the action, he shall, five clear days at least before the return day, file a notice of his claim, according to the form in the Appendix, and the registrar shall seal such notice and deliver it to the defendant, who shall forthwith serve the same, together with a copy of the summons on the plaint and of the particulars annexed thereto, on the person against whom such claim is made, according to the rules relating to the service of default summonses. Where the original action has been commenced by default summons, the defendant shall not be entitled to serve a notice under this rule 63 "before he gives notice of intention to defend ; and on the j&ling of the Order XI. notice the registrar shall seal and deliver to the defendant a duplicate of the notice of the day on which the action will be tried, and the defendant shall serve the same with the notice of his claim. Where, if the defendant desired to enter a plaint and i>sue a Leave, summons against the person against whom he claims to be entitled to "^"^^ contribution or indemnity, leave to enter such plaint would be required under section seventy -four of the Act, the defendant shall ^f ^^,0 , n t V ICtj.j C. ^Uj not be entitled to serve a notice under this rule without leave of the g. 74. court, to be obtained in the manner in which leave to enter a plaint is obtamed. [Order XL, Rule 1 ; amended Nov. 1900 ; last paragraph new.] 2. If any person served with a notice under the last preceding rule Appear- (herein-after called the third party) desires to dispute the plaintifE's ^f third claim in the action as against the defendant on whose behalf the notice party. has been given, or his own liability to the defendant, he must appear at the court on the return day mentioned in the summons, (or in case the original action is commenced by default summons on the day mentioned in the notice of trial), or on any day to which he may have received notice from the registrar that the trial has been adjourned or postponed ; and in default of his so doing he shall be deemed to admit Default of the validity of the iudement obtained against such defendant, whether ^PP®^''- obtained by consent or otherwise, and his own liability to contribute or indemnify, as the case may be, to the extent claimed in the said notice. Provided that if it appears to the court that the notice of claim has not been served on the third party in time to enable him to appear on the day hereinbefore mentioned, or that for any other sufficient cause the third party is unable to appear on such day, the court may adjourn the proceedings against the third party, or the original action and the proceedings against the third party, on such terms, as to costs and otherwise, as may be just. [Rule 2, altered.] H. Where a third party fails to appear on the day mentioned in Proceed- Rule 2 of this Order, or, if the proceedings are adjourned under that V^|® °,^ „ rule, on the day to which the proceedings are adjourned, then appearance by third (a) if judgment in the original action is given in favour of the party. plaintiff on default of appearance by the defendant, the 64 Order XI defendant may at any time after satisfection of the judgment against himself, or before such satisfaction by leave of the court, apply to the judge to enter judgment against the third party to the extent of the contribution or indemnity claimed in the third party notice, and the judge may enter judgment accordingly : or {b) if the original action is tried, and results in fe,vour of the plaintilf, the judge may, on the application of the defendant, at or after the trial, enter such judgment as the nature of the case may require for the defendant giving the notice against tha third party ; provided that execution thergon shall not be issued without leave of the judge until after satisfaction by such defendant of the judgment against him ; or (c. ) if the original action is finally decided in favour of the plaintifE otherwise than by trial, the judge may, on application by the defendant, order such judgment as the nature of the case may require to be entered for the defendant giving the third party notice against the third party, at any time after satisfaction by the defendant of the amount recovered by the plaintiff against him. Provided that the judge may set aside or vary any judgment entered against the third party under this rule upon such terms as may be just. [Rule 2, revised ; see R.S.C., Order XVI., Rules 50, 51.] Applica- 4. Any third party, or the defendant in the action, may apply at or directions, before the trial to the judge for directions ; and the judge, upon the What hearing of the application, may, if satisfied that there is a question may be proper to be tried as to the liability of the third party to make the given. contribution or indemnity claimed, in whole or in part, order the question of such liability as between the third party and the defendant giving the notice to be tried in such manner at or after the trial of the action as the judge may direct, and if not so satisfied may order such judgment as the nature of the case may require to be entered in favour of the defendant giving the notice against the third party ; or the judge may, if it appears desirable so to do, give the third party leave to defend the action upon such terms as may be just, or to appear 65 at the trial and take such part therein as may be just, or he may order Order XI. such person to be substituted for or to be joined with the defendant in the action, upon such terms as to security or otherwise as may be just, and generally may direct such proceedings to be taken or amendments to be made and give such directions as he may think proper for having the question most conveniently determined, and as to the mode or extent in or to which the third party shall be bound or made liable by the judgment in the action. [Rule 3, revised.] 5. The judge may decide all questions of costs, as between a third Costs. party and the other parties to the action, and may order any one or more to pay the costs of any other or others, or give such directions as to costs as the justice of the case may require. [Rule 4. J 6. Where a defendant claims to be entitled to contribution or Claim to ■ T • • 1 1 p 1 1 1 • • 1 contribu- mdemnity against any other deiendant to the action, a notice may be tion or in- issued and the same procedure shall thereupon be adopted, for the demnity „ , - against co- determination of such questions between the defendants, as would-be defendant. issued and taken aorainst such other defendant, if such last- mentioned [Rule 5.j o defendant were a third party : but nothing herein contained shall prejudice the rights of the plaintiff against any defendant in the action. Provided that leave of the court shall not be required for the issue of a notice to be served on a person who is already a defendant to the action. [Rule 5, proviso new.] ORDER XII. Order XII. Inteelocutory and Interim Orders and Proceedings. 1 . When by any contract a primA facie case of liability is estabhshed, Where de- and there is alleged as matter of defence a right to be relieved wholly alleged or partially from such liability, the court may make an order for the ri.Rjit to be preservation or interim custody of the subject matter of the litigation, ^ prima or may order that the amount in dispute be brought into court or /aciecaseof otherwise secured. [Order XII., Rule l.J 8775 E 66 Order XII. Order for sale of perishable articles, &c. Order for detention, preserva- tion, &c. 2. The court may, upon the application of any party to any action or matter, make any order for the sale by any person named in such order, and iii such manner and on such terms as the court may thinli desirable, of any goods, wares, or merchandise which may be of a perishable nature or likely to injure from keeping, or which incur charges for food or keep, or which for any other just and sufficient reason it may be desirable to have sold at once. [Rule 2. J 3. The court may upon the application of any party to an action or matter, and upon such terms as may be just, make any order for the detention, preservation, inspection, surveying, measuiing, or weighing of any property or thing, being the subject of such action or matter, or as to which any question may arise therein, and may for all or any of the ]iurposes aforesaid authorise any persons to enter upon or into any land or building in the possession of any party to such action or matter, and authorise any samples to be taken, or any observation, plan, or model to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence. [Rule 3.] 4. Where an order is made for inspecting, surveying, measuring, weighing, or making any experiment, or for taking any sample, or making any plan or model, by any person to be named therein, such order may include an order for the registrar or some other person to be named therein to examine upon oath and take the deposition of the person so named, as to such measure, weight, or inspection, or the correctness of such survey, or the result of such experiment, or the feimess of such samples, or the accuracy of such plan or model, and such order may also empower any or either party to give the deposition so taken in evidence upon any trial or proceeding. [Rule 4. ] 0. The judge may at any stage of the proceedings in an action or matter direct any necessary inquiries or accounts to be made or taken, notwithstanding that it may appear that there is some special or further relief sought or some special issue to be tried, as to which it may be proper that the action or matter should proceed in the ordinary manner. [Rule 10. J Applica- 6. When any party desires before the trial an immediate order upon tionform- ,^^^ ^£ ^j^g matters following, (that is to say), an order in the Order for registrar to take deposition of person ordered to weigh, inspect, &c. Order for inquiries or accounts. Form 304. nature of an injunction, or for the appointment of a receiver, or for Order taking any accounts (whether the particulars pursuant to Order VI., [ Rule 2, claim such accounts, or the claim in the particulars involves injunction 01" order taking such accounts), or for making any inquiries, he may file an [Rule 5a, application for such order, and apply to the judge, either in or out of ^^IZ'-, court, upon affidavits setting forth the facts rendering such order Yormim. immediately necessary ; and the judge may upon such application Form 345. make such order, and upon such terras, as he may think fit. 7. Where a action is brought to recover, or a defendant in his Where defence seeks by way of counter-claim to recover, specific property property other than land, and the party from whom such recovery is sought otherthan does not dispute the title of the party seeking to recover the same, gought to but claims to retain the property by virtue of a lien or otherwise as ^^ i'®*'°' r- -, ■ ^ 1 ■ -.11 vered, but security for any sum of money, the judge, upon bemg satisfied by ig claimed affidavit or otherwise of the existence of such lien or security, may to."e re- ^ •' •' tamed order that the party seeking to recover the property be at liberty to under lien pay into court, to abide the event of the action, the amount of money "'' ^^ . . in respect of which the hen or security is claimed, and such further sum (if any) for interest and costs as the judge may direct, and that upon such payment into court being made the property be given up to the party seeking to recover it. [Rule 6. j 8. The draft of any order applied for under any of the preceding Settle- rules of this Order shall be prepared beforehand by the party making ?^^^*) sign- ^ ^ Jir J & jng, seal- the application, and shall be settled by the registrar. Where the ing, filing, application is made to and heard by the registrar, he shall sign the of orders*'^ draft order settled by him, and shall seal and file the same, and shall under issue a copy thereof under the seal of the court to the bailiff or the rules, apphcant's solicitor for service ; and, where the application is made to [Rules 7 & the judge, the appHcant shall present the draft order settled by the ' ^^"^1^^*^-] registrar to the judge for his approval, and the judge shall sign the same if he approves thereof, or shall make such alterations as he may deem necessary, and sign the draft as so altered ; and the draft so signed shall be transmitted by the applicant to the registrar, who shall seal and file the same, and issue a copy thereof under the seal of the court to the bailifE or the applicant's solicitor for service. 9. Where the residence or place of business of a defendant is more Deposit than twenty miles distant from the court in which the plaint is entered, ^^ ^^ ^ 8776 E 2 68 Order XII. ordered where defendant resident more ithan twenty miles from court shows defence on merits. Forms 89, 90, 91. he may, not later than five clear days at least before the return day of the summons thereon, forward by registered post letter to the registrar of such court an affidavit disclosing a good defence upon the merits to the action. The registrar upon receipt of such affidavit, if satisfied that it discloses such a defence shall forthwith by notice, according to the form in the Appendix, call upon the plaintiff to deposit in court, within two clear days, from the date of the notice, such a sum as the registrar may, having reference to all the circum- stances of the case, direct. The registrar shall, where the deposit is made or not made, or the affidavit does not disclose a defence, send notice to the defendant according to such one of the forms in the Appendix as shall be applicable to the case ; and where the deposit is not duly made the action shall be struck out. [Rule 9.] Applica- tion for order that loss of bill shall not be set up. 45 & 46 Vict. c. 61. s. 70. 10. An application under section seventy of the Bills of Exchange Act, 1882, in an action or proceeding upon a bill, for an order that the loss of the instrument shall not be set up, may be made to the court at any time before the hearing of the action, on notice in writing in accordance with the next following rule, supported by affidavit, a copy of which shall be served with the notice. If not so made, ic may, by leave of the judge, be made at the hearing. In dealing with any such application, the court shall take into consideration any offer of indemnity proved to have been made on behalf of the applicant, and may grant the application upon such terms as to payment of costs by the applicant, postponement of the trial, and otherwise, as may be just. [Rule lOd, Nov. 1900. J Pmctice on interlocu- tory appli- cations. 11. Where by any statute or by these rules any interlocutory appHcation is expressly or by reasonable intendment directed to be made to the court, or to the judge, or to the judge or registrar, or to the registrar, then, subject to the provisions of the particular statute or of the particular rule applicable thereto, and so far as tlie same shall not be inconsistent therewith, the following provisions shall apply : (1.) The application may be made either in or out of court and either ex -parte or on notice in writing ; when made on notice, the notice shall be served on the opposite party two days at least before the hearing of the application unless the judge or registrar gives leave for shorter notice ; 69 (2.) No affidavit in support shall be necessary, but tbe judge or Order registrar, as the case may be, may, if he thinks fit, '. adjourn the hearing of the application and order affidavits in support to be filed ; (3.) The judge or registrar upon the hearing or adjourned hearing of the application may make an order absolute in the first instance, or to be absolute at any time to be ordered by him, unless cause be shown to the contrary, or may make such other order or give such directions as may be just ; (4.) The allowance of the costs of and incident to the application shall be in the discretion of the judge or registrar ; and no such costs shall be allowed on taxation without special order ; (5.) The taxation of costs, when allowed, shall not take place until the general taxation of the costs of the action or matter .in which the application is made, or the action or matter is determined, unless the judge or registrar on the hearing of the application for good cause otherwise orders ; (6.) When an earlier taxation is ordered, the word "recovered," wherever it occurs in the scales, shall be deemed for the purposes of taxation to mean "claimed," and Column B. shall apply to all cases exceeding twenty pounds to the exclusion of Column C. ; When the application may under the particular statute or rule be made to the registrar, and is so made, the following additional provisions shall apply : — (7.) The registrar may, i£ in doubt as to the proper order to be made, refer the matter to the judge forthwith or at the next court day or at the trial ; (8.) The judge may vary or rescind any order made by the registrar, and may make Such order as may be just, and if necessary adjourn the trial. [Rule 11a, Feb. 1892 ; amended, July, 189^.] 12. The court may at any time postpone the trial of any action Postpone- or matter upon the joint application of the parties. [Rule 12 ; ^^^*°* annulled in part, Nov. 1900.J joint appli- cation of parties. 70 Order XII. Postpone- ment of trial pend- ing inter- locutory proceed- ings. Form 92. [Rule la.] Postpone- ment of trial by court. Form 93. Adjourn- ment to enable party to comply with rules. 13. Where in any action or matter interlocutory proceedings are contemplated or pending which cannot be concluded in time to enable the parties to prepare for the trial of such action ~or matter on the day fixed for the same, the court may, upon the application of any party, and upon being satisfied that such interlocutory proceedings are necessary and proper, make an order postponing such trial upon such terms as to costs or otherwise as may be just ; and such order, if made in the absence of the other party, shall be served upon him. [Rule 18.] 14. Where it appears that fi-om the course of proceedings in any action or matter the trial cannot be held on the return day, the court may postpone the trial until such other day as the state of the proceedings may require, and notice of such postponement shall be given by the registrar to all parties and persons interested who are not present when the order is made. [Rule 14.j 15. When anything required by the practice of the court to be done by either party before or during the trial has not been done, the court may, in its discretion, and on such terms as it shall think fit, adjourn the trial to enable such party t(j comply with the practice. [Rule 15.J Order XIII. Receiver may be appointed though not asked for. Forms 299, 300. Receiver to give security. Form 303. Remune- ration of receiver! ORDER XIII. Receiver. 1. Where before, at, or after the trial of any action it appears to the judge expedient that a receiver be appointed, such appointment may be made whether the same be asked as part of the relief in the plaint or not. [Rule l.J 2. Every receiver appointed by the judge, other than the high bailiff, shall, unless the judge otherwise orders, give such security to the registrar for the faithful discharge of his duties, and the payment over of money, as the judge shall direct. [Rule 2, altered.] 3. Every receiver appointed by the judge shall, unless otherwise ordered, be allowed a proper salary or allowance. [Rule 2a, May, 1899 J 71 4. The receiver shall submit his accounts to the reeristrar, and the Order XIII registrar shall audit the same, as soon as conveniently may be after ' the realization of the -assets, and immediately after such audit the ■'^idit of *^ receivers receiver shall pay over to the registrar the balance found thereby to accounts at be in his hands. The account shall be written on foolscap paper ^^^^^ °f ^ i^ r proctied- bookwise, and the items shall be numbered consecutively, and the ings. account shall be verified by affidavit and be therein referred to as an exhibit. [Rule 3. J 5. The registrar may require any receiver to produce any receipt. Receiver to accounts, and vouchers necessary for verifying the account, and may youchers disallow any item not proved to his satisfaction. [Rule 4. J 6. The receiver shall, at any time before the complete realization Accounts of the assets, produce his accounts to be audited upon receiving ordered to seven days notice in writing from the registrar so to do, and such ^^ audited notice may be sent by post or otherwise to the address of the time lo. receiver. [Rule 5.1 Form 301. Where the duties of a receiver are continuous, no longer period interval one year shal audit. [Rule 6. J than one year shall in any case be allowed to intervene between each ^^tween 8. The registrar shall after each audit of a receiver's accounts make Certificate and sign a certificate stating the result of such audit. [Rule 6a, ofi^fsultof May, 1899.J 9. In no case shall it be necessary for any party to attend at the Attend- audit of a receiver's account, but where a party is dissatisfied with a ^"*'® °^ partynot receivers account he may apply to the judge for a revision of the required at registrar's allowances. [Rule 7.] aUdit. • . Revision of allowances. 10. The judge rnay order the receiver to pay over, a±. such time or j^^gg jj^^y from time to time as he may think fit, to the party fehtitled to the direct re- beneficial interest therein, or to the guardian of any infant, any pay yearly or othet accruing reiits or interest, instead of paying the same nioneys into court, and to take credit for such payments in his accounts when to party audited. [Rule8.T entitled. Form 302: Order XIII. 11. With respect to any receiver who neglects to submit his accounts to be audited or to pay over any balance in his hands, the Neglect of judge may from time to time, when his subsequent accounts are TRule 9 produced to be audited, disallow the salary or allowance therein May,ld99.] claimed by such receiver, and may also, if he thinks fit, charge him with interest at the rate of five per cent, per annum upon any balance so neglected to be paid by him during the time such balance shall appear to have remained in the hands of such receiver, Conse- 12. In case of any receiver failing to leave any account or affidavit, defeult bv ^^ ^^ P^^® ^^y account, or to make any payment or otherwise, the receiver. receiver or the parties, or any of them, may be required to attend before the judge to show cause why such account or affidavit has not been left, or such account passed or such payment made, or any other proper proceeding taken ; and thereupon the judge may give such directions and make such orders as may be proper, including direc- tions for the discharge of any receiver and the appointment of another, and any orders as to costs. [Rule 10, May, 1899. J As to ap- pointment of receiver byway of equitable execution. Fees and costs on ap- pointment of receiver by way of equitable execution. 13. In every case in which an application is made for the appoint- ment of a receiver by way of equitable execution, the judge in determining whether it is just or convenient that such appointment should be made shall have regard to the amount of the debt and costs claimed by the applicant, to the amount which may probably be obtained by the receiver, and to the probable costs of his appoint- ment, and may, if he thinks fit, direct any inquiries on these or other matters before making the appointment. [Rule 11. May, 1899. J 14. Where a receiver is appointed by way of equitable execution, fees may be charged and costs may be allowed as on an interlocutory application in an equitable action or matter. Provided that — (1,) Where the amount of debt and costs due to the applicant exceeds fifty pounds, but does not exceed one hundred pounds, the total amount to be allowed for fees and costs (exclusive of the allowance to the receiver, but including the costs of obtaining his appointment, completing his security, passing his accounts, and obtaining his discharge,) 73 shall not exceed two and a half per cent, of the amount of such debt and costs in respect of fees, or the like amount in respect of costs ; (2.) Where the amount of such debt and costs exceeds twenty pounds, but does not exceed fifty pounds, the total amount to be allowed for fees and costs shall not exceed one pound five shillings in respect of fees, or the like amount in respect of costs ; and (H.) Where the amount of such debt and costs exceeds five pounds, but does not exceed twenty pounds, there may be allowed for fees and costs respectively such sums, not less than seven shillings and sixpence and not exceeding one pound in each case, as the judge may direct ; (4.) Where the amount of debt and costs does not exceed fifty pounds, the judge may, instead of directing the receiver to give security, direct that the applicant shall be answerable for the acts and defaults of the receiver, and that the receiver shall not receive more than the amount of the debt and costs due to the applicant, and the allowance to the receiver and the allowed fees and costs of obtaining the order appointing the receiver, without the leave of the judge. [Rule 12, May, 1899.J Order XIII. Order XIV. ORDER XIV. Amendment. 1. Where an action or matter has been commenced in the name of Change or the wrong person as plaintiff or otherwise, or where it is doubtful piaintifif. whether it has been commenced in the name of the right person, the court, if satisfied that it has been so commenced through a honA fide mistake, and that it is necessary for the determination of the real matter in disputfe so to do, may order any other person to be substituted or added as plaintiff or otherwise upon such terms, as to notice t*nd otherwise, as may be just. [Rule l.J 2. No action or matter shall be defeated by reason of the misjoinder Action not or nonjoinder of parties, aaid the judge may in every action or matter defeated 74 Order XIV. by mis- joinder or nonjoinder of parties. Form y5. deal with the matter in controversy so far as regards the rights and interests of the parties actually before him. The court may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out, and that the names of any parties be added, whether as plaintiffs or defendants, who ought to have been joined, or whose presence before the judge may be necessary in order to enable him effectually and completely to adjudicate upon and settle all the questions involved in the action or matter. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto. Every person whose name is so added as defendant shall be served with a notice in manner herein -after mentioned, and the proceedings as against such party shall be deemed to have begun only on the service of such notice. [Rule 2. J Where too few per- sons made plaintiffs. 3. Where it appears at the trial that a less number of persons have been made plaintiffs than by law required, the name of any omitted person may, at the instance of either party, be added, by order of the judge, on such terms as he may think fit, and thereupon the action shall proceed, in all respects, as if the proper persons had been originally made parties ; and if such person, either at the trial or at some adjournment thereof, personally or by writing, consents to become a plaintiff in manner aforesaid, the judge may then pronounce judgment as if such person had originally been made a plaintiff ; but if such person does not consent to become a plaintiff in manner aforesaid, either at the trial or at the adjournment thereof, the action or matter shall be struck out. [Rule 3. J Change of defendant. 4. Where a person other than the defendant appears at the trial, and admits that he is the person whom the plaintiff' ■ intended to charge, or ought to have charged, his name may be substituted for that of the defendant, if the plaintiff consents ; and thereupon the action shall proceed, in all respects, as if such person had been originally named in the summons ; and the costs of the person originally named as the defendant shall be in thfe discretion of the court. [Rule 4.] 75 5. Whel^ a party sues or is sued in a representative character, but it ^^tv^ appears that he ought to have sued or been sued in his own right, the court may, at the instance of either party, on such terms as ^^^^ ma,j be just, amend th^J^^J with the action or matter apply to the court to discharge or vary person such order. [Substituted for Rules 6, 7. j a p^ly**^^ 7. When the plaintiff or defendant in an action or matter dies. Where and the cause of action suTAdves, but the person entitled to proceed entitled to fails to proceed, the defendant (or the person against whom the proceed on action or matter may be continued) may apply to the court for an plaintiff or ordei- directing the plaintiff (or the person entitled to proceed) to defendant proceed within such time as may be ordered ; and in default of such do so. proceeding the action or matter may be struck out, and the court may award costs to the defendant, or (as the case may be) to the person against whom the action or matter might have been continued, in the same manner as in other cases of striking out ; and in such case, if the plaintiff has died, execution may issue for such costs as provided by Order XXV., Rule 14. [Substituted for Rule 8 : R.S.C., Order XVII., Rule 8.] 8. Where a plaintiff' or a defendant is substituted or added Alteration of records under any of the rules of this Order, the minute book shall be on change of parties. 88 *^^^ altered, and all subsequent proceedings shall be carried on under the ■ altered title. [Rule 9.] Sl&^lv- ^' ^^^^ Order shall not apply to any case expressly provided c. 43. s. 94,' for by section ninety-four of the Act. [Rule 10. ] Order XVIII. Evidence to be taken orally. Power to order particular facts to be proved by affidavit, or •witneBSes to be examined before examiner. ORDER XVIII. Evidence. 1. Except where otherwise provided by these rules, the evidence of witnesses on the trial of any action or hearing of any matter shall be taken orally on oath ; and where by these rules evidence is required or permitted to be taken by affidavit, such evidence shall nevertheless be taken orally on oath if the court, on any application before or at the trial or hearing, so directs. [Order XVIII.. Rule 3. J 2, The judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the trial or hearing, on such conditions as he may think reasonable, or that any witness whose attendance in court ought for some sufficient cause to be dispensed with be examined by interrogatories or otherwise before an examiner ; provided that, where it appears to the judge that the other party bond fide desires the production of a witness for cross examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. [New: R.S.C. Order XXXVIL, Rule l.J Summon- 3. Summonses to witnesses, to be served either in the home or in witnesses ^^7 foreign district, may be issued without leave, and may, by leave ^"^•i of the court, be issued in blank and served by the party applyinsf service. „ , -, , . ,. . .. . . "^ „^ tor the same or by his solicitor, or a solicitor acting as agent for such solicitor, or by some person in the permanent and exclusive employment of the party or such solicitor, but in any case only one name shall be inserted in any such summons. Such summonses shall Forms 12:-5, be according to the forms in the Appendix. [Order XVIIL, Rule 1 ; ^24- Order LIIb., Rule 7, April, 1895.J 89 4. It shall be sufficient if a summons to a witness is served within Order a reasonable time ; and such summons may be served by delivering the same to the witness personally, or to some person apparently not Time and less than sixteen years old at the house or pla(;e of dwelling or place service, of business of the witness, or in the cases mentioned in Rules 18, 1 9, 21, and 22 of Order VII. in the manner prescribed by those rules for the service of an ordinary summons. Provided that for the purposes of this rule a place of business shall not be deemed to be the place of business of a witness unless he is the master or one of the masters thereof. [Rule 2, revised.] 5. Where a witness served with a summons containing a direction When wit- for the production of any documents at the trial does not produce the ^q^ p^o- same, the judge may, upon admission or proof that the summons was duce docu- served within a reasonable time, and that such documents are in the order for possession or power or uuder the control of the party so served, and production that they relate to the matter then pending before him, make an order made. for their production by the witness, and may deal with them, when produced, and mth all costs occasioned by their non-production, as may be just : Provided that nothing herein shall prevent the receiving of secondary evidence where admissible. [Rule 4.] 6. Where a party desires to give in evidence any document, he Admission may, not less than five clear days before the trial, give notice to any j^gQ^g other party in the action or matter who is competent to make admissions requiring him to inspect and admit such document ; and if such other party does not within three days after receiving such notice make such admission, any expense of proving the same at the trial shall be paid by him, whatever may be the result, unless the court otherwise orders ; and no costs of proving any document shall Form HI. be allowed unless such notice has been given, except in coses where, in the opinion of the judge at the trial, or of the registrar on taxation, the omission to give such notice has been a saving of expense. [Rule 5.] 7. Notices to admit or to produce documents shall be according to Notice to the forms in the Appendix, with such variations as circumstances may admit or . . produce. '•^I"^^^- Forms 111. 112. 90' Oedbb xvin. An affidavit of the party, or his solicitor, or of. some person in the permanent and exclusive employ of either of them, of the service of any notice to admit or to produce, and o£ the time when it was served, with a copy of the notice to admit or to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served. [Rule 6.] . Costs of 8. If a notice to admit or produce comprises documents which are notice to ^qj; necessary, the costs occasioned thereby shall be borne by the party admit or . . , . r-r. i r, t produce gi'^'ii^g such notice. [Kule 7. J Documents produced from proper custody to be read "without proof unless ob- jected to. 9. Where any documents which would, if duly proved, be admissible in evidence are produced to the court from proper custody they shall be read without further proof, if in the opinion of the court they appear genuine, and if no objection is taken thereto ; and if the admission of any documents so produced is objected to, the court may adjourn the hearing for the proof of the documents, aud the party objecting shall pay the costs caused by such objection, in case the documents shall afterwards be proved, unless the court otherwise orders. [Rule 8. J An un- stamped or inBufficiently stamped instrument to be given in evidence only where receipt of registrar for unpaid duty and penalty is produced. Where it is desired to use an affidavit, notice may be given. Costs of objection. 10. Where an instrument which may be legally stamped after its execution is produced as evidence, and the same is unstamped or insufficiently stamped, it shall not be received in evidence until the party desirous of giving the instrument in evidence produces to the court the receipt of the registrar for the amount of the unpaid duty, and the penalty payable by law on stamping the same, and the sum of one pound. [Rule 9.] 11. Where a party desires to use at the trial an affidavit by any particular witness, or an affidavit as to particular facts as to which no order has been made under Rule 2 of this Order, he may, not less than four clear days before the trial, give a notice, with a copy of such affidavit annexed, to the party against whom such affidavit is to be used ; and unless such last-mentioned party shall two clear days at least before the trial give notice to the other party that he objects to the use of such affidavit, he shall be taken to have consented to the use thereof, unless the judge otherwise orders ; and the judge 91 may make such order as he may think fit as . to the costs of or Order . XVIII. incidental to any such objection. [Rule 10.] " 12. All documentary evidence fciken at the trial of any action or Documen- •' •' . tai-y e'vi- matter may be used in any subsequent proceedings in the same action dence or matter. [Rule 11.] J^J^^ ^^ 13. Evidence taken subsequently to the trial or hearing of any Evidence taken after trial. action or matter shall be taken as nearly as may be in the same ^^^^ manner as evidence taken at or with a view to a trial or hearing. [New ; R.S.C. Order XXXVII., Rule 21.] 14. The practice with reference to the examination, cross- Practice as examination, and re-examination of witnesses at a trial shall extend evidence at and be applicable to evidence taken in any action or matter at any any stage of action stage. QP matter. [New ; R.S.C. Order XXXVII., Rule 22.] 15. The practice of the court with respect to evidence at a Special trial, when applied to evidence to be taken before an officer of the as'"to*^°'*^ court or other person in any action or matter after the trial or taking hearing, shall be subject to any special directions which may be given ^f^^j. ^^j^j^ in any case. [New ; R.S.C. Order XXXVII., Rule 23.] 16. Any party may, at the trial of an action or matter, use in Use of evidence any one or more of the answers, or any part of an answer, ^nteTro<^^ of the opposite party to interrogatories, without putting in the toriesat others, or the whole of such answer : Provided that in such case the judge may look at the whole of the answers, and if he is of opinion that any others of them are so connected with those put in that the last mentioned answers ought not to be used without them, he may direct them to be put in. [Rule 12, altered ; R.S.C. Order XXXI., Rule 24.] 17. Affidavits and depositions shall be read as the evidence of the Affidavits, person by whom they are used. [Rule 13.] evidence of persons using them. 92 Order XVIII. Examina- tion of ■witnesses before trial. Form 132. Examinations. 18. The court may in any action or matter, where it appears necessary for the purposes of justice, make an order for the examination upon oath before the court or any officer of the court, or any other person, and at any place in England or Wales, of any witness or person, and may empower any party to any such action or matter to give such deposition in evidence therein on such terms, if any, as the court may direct. [Eule 14.j When 19. Where any witness or person mentioned in the last preceding foreign court rule resides out of the district of the court, the judge may appoint appointed the registrar of the court in the district of which such witness or person resides to take the examination. [Rule 15.] Order for attendance of persons to be examined or;pr6duce documents. Form 132. Service of order. 20. The court may in any action or matter, at any stage of the proceedings, order the attendance of any person for the purpose of being examined or of producing to or before any examiner any writings or other documents which the court may think fit to be produced, and any person served with any such order shall be bound to attend accordingly : Provided that no person shall be compelled to produce under any such order any writing or other document which he could not be compelled to produce at the trial. Any such order may be served in accordance with the provisions of section one hundred and eleven of the Act, and Rules 3 and 4 of this Order, with respect to the service of summonses to witnesses. [Rule 16, altered.] Disobe- 21. Any person wilfully disobeying any order requiring his order for attendance for the purpose of being examined or producing any such at- document to or before an examiner shall be deemed guilty of contempt of Court, and may be dealt with accordingly. [Rule 17.] tendance. Expenses 22. Any person required to attend before an examiner for the of persons purpose of being examined or of producing any document shall be before entitled to the like conduct money and payment for expenses and Examiner. ^^^^ ^£ ^^^^^ ^^ upon attendance at a trial in court. [Rule 18.] 93 Order XVI ri. 23. Where any witness or person is ordered to be examined before any officer of a county court, or before any person appointed for the purpose, the person taking the examination shall be ^^^^^^^^"^ furnished by the party on whose application the order was made furnished with a copy of the summons and particulars and of the defence (if ^Jq^^^^^. any), and with a copy of the documents necessary to inform the person ments. taking the examination of the questions at issue between the parties. [Rule 19.] 24. The examination shall take place in the presence of the Who parties, or their counsel or solicitors, or the agents of such solicitors, ^gppeseut and the witnesses shall be subject to cross-examination and on exami- re-examination. [Rule 20. ) 25. The depositions taken before an officer of a county court, or Deposi- before any other person appointed to take the examination, shall be taken, taken down in writing by or in the presence of the examiner, not ordinarily by question and answer, but so as to represent as nearly as may be the statements of the witness, and when completed shall be read over to the witness and signed by him in the presence of the parties, or such of them as may think fit to attend. If the witness refuses to sign the depositions, the examiner shall sign the same. The examiner may put down any particular question or answer if there appears to be any special reason for doing so, and may put any question to the witness as to the meaning of any answer, or as to any matter arising in the course of the examination. Any questions which are objected to shall be taken down by the examiner in the depositions, and he shall state his opinion thereon to the counsel, solicitors, or parties, and shall refer to such statement in the depositions, but he shall not have power to decide upon the materiality or relevancy of any question. [Rule 21. J 26. If any person duly summoned to attend for examination or Failure to to produce any document refuses to attend, or if, having attended, he ^^^^^ refuses to be sworn or to answer any lawful question or to produce summons, any document, a certificate of such refusal, signed by the examiner, to b?"^*^ shall be filed with the registrar, and thereupon the party requiring ^^om or the attendance of the witness may apply to the judge for an order directing the witness to attend, or to be sworn, or to answer answer. 94 Order any question, or to produce such document, as the case may be. _ • [Rule 22.J Objection to answer. [Rule 23.] 27. If any witness objects to any question which may be put to him before an examiner, the question so put, and the objection of the witness thereto, shall be taken down by the examiner, and transmitted by him to the registrar to be filed, and the validity of the objection shall be decided by the judge. [Rule 23. j Witness ordered to ™^y order the witness to pay any costs occasioned by his refusal or pay costs. 28. In any case under the two last preceding rules, the judge ay order the witness objection. [Rule 24.J Filing of 29. When the examination of any witness before any examiner tions. ^^^ been concluded, the original depositions, authenticated by the signature of the examiner, shall be transmitted by him to the registrar to be filed. [Rule 25. ] Special 30. The person taking the examination of a witness under these examiner rules may, and if need be shall, make a special report to the [Rule 26.] court touching such examination and the conduct or absence of any witness or other person thereon ; and the judge may direct such proceedings and make such order as upon the report he may think just. [Rule 2 6. J When de- positions may be given in evidence. [Rule 27.] 31. Except where otherwise provided by this Order, or directed by the judge, no deposition shall be given in evidence at the trial of the action or matter without the consent of the party against whom the same may be offered, unless the judge is satisfied that the deponent is dead, or out of England and Wales, or unable from sickness or other infirmity to attend the trial, in any of which cases the depositions certified under the hand of the examiner shall be admissible in evidence, saving all just exceptions, without proof of the signature to such certificate. [Rule 27.] Power to 32. Any officer of the court, or other person directed to take administer , . ,. „ .^ -, . . oaths. t"^^ exammation oi any witness or person, may administer oaths. [Rule 28.] 95 ORDER XIX. ^liT Affidavits. 1. All affidavits shall be expressed in the first person, and shall be expressed be drawn up in paragraphs and numbered. [Order XIX., Rule l.j in the first person. 2. All affidavits, other than those for which forms are given m Sources of 1 A T 1 n • 1- T knowledge the Appendix, shall state the deponents occupation, quality, and to be stated. place of residence, and also what facts or circumstances deposed [Rule 2a, to are within the deponent's own knowledge, and his means of ^ ' '-' knowledge, and what facts or circumstances deposed to are known to or believed by him by reason of information derived from other sources than his own knowledge, and what such sources are. The costs of every affidavit which unnecessarily sets forth matters of hearsay, or argumentative matter, or copies of or extracts fi^om documents, shall be paid by the party filing the same. [New ; R.S.C. Order XXXVIII., Rule 3.J 3. Every affidavit shall be intituled in the action or matter in :A.£adavits, . . . . ■'lo"^ 10 be which it is sworn ; but in every case in which there are more than intituled. one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or defendant respectively, and that there are other plaintiffs or defendants, as the case may be ; and the costs occasioned by any unnecessary prolixity in any such title shall be disallowed by the registrar on taxation. [Rule 3]. 4. It shall be stated in a note at the foot of every affidavit filed Afiadavits on whose behalf it is so filed, and such note shall be copied on every q^ whose office or other copy furnished to a party. [Rule 4.] behalf filed. 5. The costs of affidavits not in conformity with the preceding Costs of rules of this Order shall be disallowed on taxation, unless the court affidavits, when dis otherwise directs. [Rule 5. J allowed. 6. In every affidavit made by two or more deponents the names of Affidavits the several persons making the affidavit shall be inserted in the jurat, ^^ ^j. ^ except that if the affidavit of all the deponents is taken at one time i^iore deponents. 96 Oedee XIX. by the same officer it shall be sufficient to state that it was sworn by both (or all) of the " above-named " deponents. [New : R.S.C., Order XXXYIIL, Eule 9.J Filing of affidavits. 7. Before any affidavit is used it shall be filed in the office of the registrar ; but this rule shall not hinder a judge from making an order in an urgent case upon the undertaking of the applicant to file any affidavit sworn before the making of such order, provided that such order shall not be issued until such affidavit has been filed. [Rule 6.j Affidavits not to be filed if sworn before party's solicitor. 8. An affidavit shall not be filed which has been sworn before a commissioner who was at the time of the swearing of the same the solicitor acting for the party on whose behalf such affidavit is to be used, or the agent, correspondent, partner, or clerk of such solicitor, or who is the party himself. [Rule 7. J Erasure, blotting, interlinea- tion, &c. in affidavits. 9. No affidavit or other document shall be* filed or used in any action or matter, unless the court otherwise orders, which is blotted so as to obliterate any word, or which is illegibly written, or so altered as to cause it to be illegible, or in the body or jurat of which there is any interlineation, alteration, or erasure, unless the person before whom the same is sworn has duly initialled such interlineation or alteration, and in the case of an erasure has re-written and signed in the margin of the affidavit or document the words or figures appearing to be written on the erasure, or which is so imperfect upon the face thereof by reason of hnving blanks thereon or otherwise that it cannot easily be read or understood. [Rule 8. J Illiterate or blind deponent. 10. Where an affidavit is sworn by any person who appears to the officer taking the affidavit to be illiterate or blind, the officer shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to understand it, and that the deponent made his signature in the presence of the officer. No such affidavit shall be used in evidence in the absence of this certificate, unless the court is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent. [Rule 9.j 97 11. The court may receive any affidavit sworn for the purpose 9^°^^ of being: used in any action or matter, notwithstanding any defect . by misdescription of parties or otherwise in the title or jurat, J^^j^^^^^g or any other irregularity in the form thereof, and may direct a affidavit. , memorandum to be made on the document that it has been so received. [New: R.S.C.. Order XXXVTIL, Rule 14.] 12. Affidavits of service, when required, shall state when, where, Affidavits 1 111 • «» X J of service, how, and by whom service was elrected. [New : R.S.C., Order LXYI., Rule 9.J ~ 13. The consent of any person to act as a trustee or new trustee Verifica- shall be sufficiently evidenced by a written consent signed by him trustee's and verified by the signature of his solicitor. The form in the consent to Appendix hereto shall be used, with such variations as circumstances „ ' ^..^ may require. [New : R.S,C., Order XXXVIII., Rule 19a.J 14. Whenever a registrar rejects an affidavit or other document, Notice of he shall give notice, according to the form in the Appendix, by post imperfect or otherwise, to the party offering the same for filing, of such affidavits - . . , 1 1 n 1 1 • 1 11 1 or docu- rejection and the reasons thereof ; but no such notice shall be ments. necessary if the party offering the same is present when the Form 133. registrar rejects the affidavit. [Rule lO.J ORDER XX. Order XX. t\ Arbitration. 1. At any time after an action is commenced, the judge may, Arbitra- with the consent of the parties, as well in cases within the ordinary K^fj^Vn-cr- jurisdiction of the court as in cases of agreement under section c. 43. ss. 64, sixtv-four of the Act, make an order for a reference under the ' . [Order provisions of section one hundred and four of the Act ; and all the xx.l provisions in the last- mentioned section contained as to references shall apply to a reference proceeding under such an order : Provided Forms l;)4, 134a. 8775 Q 98 Order XX. thai the same fees shall be paid as would have been payable on entering judgment under a default summons, but where any reference is ordered to the registrar or any other officer of the court the same hearing fee shall be paid as if the action had been tried. Order XXI. Registrar at request of judge to frame list of assessors for approval. 51&52Vict. c. 43. s. 103. OKDER XXI. Assessors. 1. The registrar of each court shall from time to time, at the request of the judge, submit to him the names of as many persons as the judge may direct, whom, having regard to the nature of the ordinary business of the court, and to their fitness from ability and reputation, the registrar believes to be qualified to act as assessors under section one hundred and three of the Act ; and the judge shall from the names so submitted frame a list of persons to act as assessors for each court of which he is judge. [Order XXL, Rule l.J Consent of 2. The registrar shall apply to such persons as the judge may to act approve to know if they are willing to act as assessors and to attend any court which they may be summoned to attend a reasonable time beforehand. [Rule 2. J List of assessors. Form 135. 3. When the judge has completed the list of assessors for any court -the registrar shall cause a printed list of their names in alphabetical order to be hung up in the court and office. [Rule 3.] Duration 4. Every assessor named in the printed list shall continue to be an assessors, assessor until a new list of assessors has been framed and approved as aforesaid, or until he gives to the registrar notice in writing that he is unwilhng to act as an assessor from and after a day to be named in such notice. [Rule 4. J Assessor resigning to be removed from list. 5. Upon the receipt of notice of resignation from an assessor the registrar shall remove the name of such assessor from the list. [Rule 5.J 99 6. Every assessor shall receive for each day's attendance one ORpfift guinea or two guineas, according as the subject matter of the " action does or does not exceed twenty pounds in value, together Remunera- with such sum, if any, for his expenses as the judge may order, assessors. [Rule 6.] 7. A party who desires assessors to be summoned to assist the Applica- judge shall six clear days at least before the return day file an assessors to application therefor according to the form in the Appendix, giving act with the names of the assessors he wishes to be summoned, and if he has obtained the conseiit of the other party to the assessors named he Form 136. shall file such consent with his application. [Rule 7, altered.] 8 Upon receipt of an application for assessors the registrar shall Assessors forward a copy of the same to the judge, who, if he thinks fit, moned if shall return the same with his approval, and thereupon the registrar judge shall forthwith summon the assessors named. If the judge does ^q^j^ ^37 not think fit that assessors shall be summoned, notice thereof shall Form 141 . be given by the registrar to all parties, according to the form in the Appendix. [Rule 8.] 9. Where the party applying does not file with his application Notice the consent of the other party to the appointment of the assessors ^„^^a1te proposed by him, the registrar shall, after obtaining the consent of the party has judge to the appointment of assessors as prescribed in the last ggn^e^ j^ preceding rule, forthwith cause to be sei*ved on the other party notice assessors of the application according to the form in the Appendix ; and the Form 138. party so served shall, as soon as may be after receipt of the notice inform the registrar in writing whether or not he accepts the appoint- ment of the assessors proposed in such notice or any of them, and shall give the names of such assessors as he i's willing should be summoned. [Rule 9. J 10. Where the party served with the notice mentioned in the last Proceed- preceding rule does not accept the proposed appointment, he shall i^gs'^'iere forthwith after receipt of such notice inform the registrar in writing of served with his non-acceptance and of the reasons thereof, and the registrar shall not^accept^ thereupon fix a time and place for hearing such objection and selecting proposed the assessors to be summoned. Such objection may be heard either j^ent 8775 G 2 100 Order XXI. Form 139. Form 140 STtnunon- ing of as.-essors. on the return day of the summons, or before the judge acting under the powers cf^nferred on him by section nine of the Act, or, if the judge so directs, before the registrar. Notice of the time and place at which the objection will be heard shall be given to all parties interested. On the hearing such order shall be made as the judge or registrar shall think just, and any costs occasioned by the objection or consequent thereon may be ordered to be paid by the party objecting. When assessors are appointed they shall be summoned by the registrar. [Rule 10. J Wiiere asFessors or any of them fail to attend. 11. If at the time and place appointed for the trial any of the assessors summoned do not attend, the judge may either proceed to tiy the action with the assistance of such of the assessors, if any, as do attend, or, if none attend, without assistance, or he may adjourn the tibial. [Rule 11. J Payment on applica- tion for assessors by party. 12. Every person applying for assessors shall at the time of apply- ing pay to the registrar the sum of two guineas if the amount of the subject matter of the action does not exceed twenty pounds, and four guineas if it does exceed that amount ; and such payments shall be considered as costs in the action, unless otherwise ordered by the judge. [Rule lir.] Assessors' fees on adjoTim- ment. 13. Where an action is adjourned, the plaintiff shall pay the assessors' fees for tlie day of adjournment forthwith after the order of adjournment is made by the court. [Rule 13.] Order XXII. ORDER XXII. Trial. Notice of 1. Notice of demand for a jury shall be given in writing to the inry. registrar, according to the form in the Appendix, five clear days at Forms 142, ^^^* before the return day, and the registrar shall forthwith give 143, 144. notice thereof to the other party, according to the fonn in the Appendix ; and the summonses to the intended jurors shall be delivered to the bailiff forthwith. [Order XXII., Rule 1.] 101 2. Where notice of a demand for a iury has not been sriven in Ob©br . . XXII due time, or if at the trial both- parties desire to try by a jury, and ' no jury be then in court, the judge may, on such terms as he Adjourn- may think fit, adjourn the trial in order that notice for a jury may order to be given. [Rule 2. J trybyjury. 3. Interpleader matters and actions of replevin or ejectment or for Actions the recovery of possession, or to enforce any right relating to land, or matters for the recovery of any damages in respect of any such right, may, at which may the instance of either party, be tried by a jury ; and by order of the jury, judge any other action or matter or any question of fact arising therein, which but for this rule could not be so tried, may be tried by a jury. [Rule 3.] 4. The number of jurymen summoned to attend at a court for Number of the trial of actions shall be ten, unless the judge otherwise orders, to'be"^'^ [Rule 4. J summoned. 5. Where a jury has been summoned, but before the return day the Notice to action or matter is settled or withdrawn, it shall be the duty of the ^^g™ party at whose instance the jury was summoned to inform the action registrar of the fact ; and the registrar shall thereupon return the ^itij. ' deposit, and shall, unless the attendance of the persons summoned as drawn, or jurors is required in any other action or matter, forthwith send notice before by post to such persons that their attendance will not be required ; return day. and where in like case the action or matter is adjourned before the return day, the. registrar shall forthwith send notice by post to the persons summoned as jurors of the adjournment, and of the day on which their attendance will be required. [Rule 4a, June, 1896. J 6. If when an action is called on for trial the plaintiff does not Where appear, and the defendant appears, and does not admit the plaintiff's ^^^g ^^^ claim, the court may, in its discretion, award costs to the defendant in appear, the same manner, and to the same amount, as to counsel, solicitor, Form 149. wifoesses, and other matters, as if the action had been trifed, but no hearing fee shall be chargld. [Rule 5.] 7. Where a default summons has been issued and notice of defence Where has been given, and neither the plaintiff nor the defendant appears p®^*^®^^ when the action is called on, the action shall be struck out ; and where one party 102 Order XXII. only appears on default summons. Judgment on counter- claim where plaintiff does not appear. 5i&52 Vict. c. 43. 8.91. Restoring case struck out for non-ap- pearance of plaintiff. .51 & 52 Vict c. 43. ss. 88-90. notice of defence has been given, and the defendant appears and the plaintiff does not appear, the action- shall be struck out, and costs may be ordered against the plaintiff as in the last preceding rule mentioned ; and where the plaintiff appears and the defendant does not appear, judgment may be entered for the plaintiff without further proof, the amount to be payable by instalments or otherwise as the court may think fit. [Rule 6. J S. If when an action is called on for trial the plaintiff does not appear, and the defendant has given notice of a counter-claim, he may prove such counter-claim so tar as the burden of proof hes upon him, and have judgment accordingly : Provided that any judgment obtained under this rule may be set aside upon the application of the plaintiff in like manner as a judgment obtained luider section ninety-one of the Act. [Rule 7.j 9. Where any action or matter has been struck out under section eighty-eight or section ninety of the Act or under Rule 7 of this Order, the court may order such action or matter to be restored to the list for hearing on the same day or any subsequent day, and may set aside any order awarding costs to the opposite party which may have been made under section eighty- nine of the Act or Rule 6 or Rule 7 of this Order, upon such terms as to payment of costs of the day, adjournment of the hearing, notice to the opposite party, and otherwise, as may be just. [Rule 7a, May, 1899.] Subse- quent action after 10. If after the judge has directed a nonsuit under- section eighty- eight or section ninety-three of the Act, or after an action has been non-suit or struck out, a subsequent action is brought for the same or substantially striking out. 51 •> '^ ' cate incase but shall refer to the account verified by the afiidavit filed, and shall of specify by the numbers attached to the items in the account which,'" ^<'°°'^'^''^- if any, of such items have been disallowed or varied, and shall state what additions, if any, have been made by way of surcharge or otherwise ; and where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the account as alteriBd, sach transcript may be required to be made by the party Transcript. 118 Order XXIV. Filing of accounts and transcripts. prosecuting the judgment or order, and shall then be referred to by the certificate. The accounts and the transcripts (if any) referred to by certificates shall be retained by the registrar, l^o copy of any such account shall be required to be taken by any party. [New ; R.S.C. Order LV., Rule 68.J Taking 30. Any party may, before the proceedings before the registrar are opinion of concluded, take the opinion of the judge upon any matter arising in the course of the proceedings. [¥ew ; R.S.C. Order LV., Rule 69.J .SI. The registrar shall prepare his certificate seven days before the day appointed for presenting the same, and shall give notice by post to all parties to the action or matter that the same lies in his office for the inspection of any parties interested therein or affected thereby ; and he saall deliver a copy thereof to any person requiring the same, upon payment of the costs of such copy. [Order XXT.V., Rule 16. J 32. Every certificate, with the accounts (if any) to be filed therewith, shall be binding on all the parties to the proceedings unless discharged or varied upon application to be made in accordance with the next following rule. [New ; R.S.C. Order LV., Rule 70.J 33. Where any party interested in or afi'ected by the registrar's certificate desires to have the same varied, he shall apply at the court on the day appointed for presenting the same, and the judge shall thereupon hear and determine such appKcation, and shall confirm or vary the certificate, and make such further order thereupon, and on further consideration of the action or matter, as he may think fit. [Order XXIV., Rule 17, altered.] 34. If no application is made to vary the certificate, it shall be taken as confirmed, unless the judge otherwise orders ; and the judge shall, on the day appointed for the presentation of the same, make such order on further consideration of the action or matter as he may think fit. [Rule 18, altered.] Discharge 35. The judg» may, if the special circumstances of the case require or varia- jt, upon an application for the purpose, direct a certificate to be Tiioii or ' - . -^ . Notice that certificate may be inspected. Form 322. "When certificat-j becomes binding. Variation or confirm- ation of certificate. Order on further considera- tion. Form 323. Where no application to vary certificate. Form 323. 119 discharged or varied at any time aifter the same has become binding Ordbii on the parties. [New ; R.S.C. Order LV, Rule 71.] ^St!s become binding, 36. Notes shall be kept of all proceedings before the registrar Notes of under any judgment or order, so that all such proceedings in each fn^sTefore action or matter may appear consecutively and in chronological order, registrar with a short statement of the questions or points decided or ruled at Judgment every hearing. or order. [New ; R.S.C. Order LV., Rule 73.J 37. Where the registrar, high bailiff, receiver, or any party has Applica- by any order been directed to do any act for doing which it may ^^^g^. for be found necessary to have further directions or an order of the court, fnrther the registrar shall apply to the judge for such directions or order, and upon such application the judge may give such directions or make such order as he may think fit, or may appoint a time to hear all parties upf)n the application so made by the registrar ; and if the judge makes such appointment for hearing, the same shall operate as a stay of proceedings in the action until the day so appointed, \piless otherwise directed. [Rule 19.] ORDER XXV. ORDER XXV. Enfobcbment of Jubgments and Orders. 1. Every order for the payment of money may be enforced in the j, n same manner as a judgment tor debt or damages may be enforced ment of under section one hundred and forty-six of the Act. [Order XXV., payment of Rille 1.1 money. 51 & 52 Vict. c. 43. s. 146. 3. Ev^y order of th© court in any action or matter may be orders enforced against all persons bound thereby in the same manner as a enforce- • J rr ^u fl? ^ able like judgment to the same eirect. judgments. [New ; R.S.C. Order XLIL, Rule 24. J 120 Order XXV. 3. Any judgment or order against a corporation wilfully disobeyed may, by leave of the judge, be enforced by attachment against the directors or other officers thereof. [New ; R.S.C. Order XLIL, Rule 31. J 4. When a married woman sued only in her own name obtains a judgment or order on the groimd of coverture, and is awarded costs, she may enforce payment of such costs in her own name. 5. In case ot any judgment or order other than for the recovery or payment of money, if any difficulty arises in or about the execution or enforcement thereof, any party interested may apply to the court, and the court may make such order thereon for the attendance and examination of any party or otherwise as may be just. [Rule 3a, Feb. 1892.J Date and fi. Warrants of execution against goods shall bear date on the day warrants of on which they are issued, and shall continue in force for twelve execution, months from such date and no longer. [Rule 4. J Enforcing judgment or order against corpora- tion. Costs of married woinen. [Rule 2.] Where diificulty arises in rtxecution. Apfilicant to produce plaint note or Bum- mons, and furnish prsecii^e. Where default made, execution may issue. Amount for which it may issue. Forms 163, 164, 165. 51&52Vict. C.43.S.149. 7. The registrar before issuing any warrant shall be entitled to require the person applying for the same to produce the plaint note or summons issued in the action, or a duplicate thereof, and to furnish a praecipe containing the number of the plaint, and the residence, or jilace of business, and description of the person against whose goods the warrant is to be issued. [Rule 5. J 8. Where a defendant has made default in payment of the whole amount awarded by the judgment or order, or where the judgment or order was for payment by instalments of an instalment thereof a warrant of execution may issue against his goods without leave • and such execution shall be for the whole amount of the judgment or order and costs then remaining unsatisfied, or in the case of an order for payment by instalments, for such portion thereof as the court shall order, either at the time of making the original order or at any subsequent time. [Rule 7a, May, 1899.] Separate 9. Where judgment is given or an order made for the recovery or executions j. r r t j "'• for money payment ot a sum of money exceeding twenty pounds and costs, and 121 directs such sum of money to be paid forthwith or within fourteen Obdbb clear days from the date of the judgment or order, and the costs to be .' taxed and paid forthwith or within fourteen clear days after taxation, recovered a warrant of execution may, in default of payment, issue for the costs. recovery of the sum and costs after the latter have been taxed ; or, if default is made in payment of the sum of money before the costs have been taxed, separate warrants may issue for the recovery o£ such sum on default in payment thereof, and for the recovery of the costs after the same have been taxed and default has been made in payment thereof ; but a second warrant shall only be for costs, and shall not be issued before the expiration of eight days from the issue of the first warrant. [Rule 7a, Nov. 1900.] 10. No warrant against goods, except by leave of the court, shall Where no issue on a judgment or order unless some payment into court has on judg- been made thereon by the iudffment debtor within twenty-four t^^^^ for , . , . . two years months previously, but no notice to the debtor before applying for leave to such leave shall be necessary ; and such leave shall be expressed on ^^^^ ®'^®" the warrant under the seal of the court. [Eule 6. j must be obtained. 11. Where a judgment or order is against a firm, execution may Execution issue in manner following : 9^^, *= judgment (a.) Against any property of the partnership : ^m?^ {b.) Against any person who has admitted before the court in the proceedings in which the judgment or order was obtained that he was a partner at the time of the accruing of the cause of action, or who has been adjudged to be liable as a partner : (c.) Against any person who was individually served with the summons as a partner or a person sought to be made liable, and who failed to appear at the trial. If the party who has obtained the judgment or order claims to be entitled to issue execution against any other person as a member of the firm, he may, after giving to such person two clear days notice of his intention, apply to the court for leave so to do ; and the court may give such leave if the hability is not disputed, or, if such liability is disputed, may order that the hability of such 122 Order xxt Applica- tion for charging order on interest of partper. 53&54 Viet. c. 39. s. 23. person be tried and determined in an action to be conqmienced by plaint and summons in the ordinary way. Except as against aey property o£ the partnership, a judgment against a firm shall not render liable, release, or otherwise affect any member* thereof who was out of England and Wales when the summons was issued, unless he has been made a party to the action under Order VII., Eule 41, or has been served within England or Wales after the summons in the action was issued. [Rule 8, altered ; see R.S.C. Order XLVIIIa, Rule S. ] 1 2. An application by a separate judgment creditor of a partner for an order charging his interest in the partnership property and profits under section twenty-three of the Partnership Act, 1890, and for sjich other orders as are thereby authorised to be made, shall be made to the court on notice. Such notice shall be served in the case of a partnership other than a cost book company on the judgment debtor and on his partners, or such of them as are in England or Wales, or iii the case of a cost book company on the judgment debtor and the purser of the company ; and such service shall be good service on all the partners or on the cost book company, as the case may be, and all orders made on such application shall be similarly served. [Kule 8a, Feb., 1892. J Applica- tions by partners tinder r)3 & 54 Vict. c. 39. s. 23. Applica- tion for leave to if98ue process on change of 13. An application by a partner of the judgment debtor under section twenty-three of the Partnership Act, 1890, shaU be made to the court on notice. Such notice shall be served in the case of a partnership other than a cost book company on the judgment creditor and on the judgment debtor, and on such of the other partners as do not concur in the application and are in England or Wales, or in the case of a cost book company on the judgment creditor and on the judgment debtor, and on the purser of the company ; and such service shall be good service on all the partners or on the cost book company, as the case may be, and all orders made on such application shall be similarly served^ [Rule 86, Feb. 1892. J 14. In the following eases, viz. :-^ (1.) Where any change has taken place after judgment, by death, assignment, or otherwise, in the parties entitled to take 123 proceedings to enforce a judgment or order, or in the parties ^J?®.^ liable to such proceedings ; parties (2.) Where a husband is entitled or liable to proceedings upon a after judg- judgment or order for or against a wife ; f ' TiS (3.) Where a party is entitled to execution against any of the 1^^- shareholders of a joint stock company upon a judgment recorded against such company, or against a public ofl&cer or other person representing such company ; the party alleging himself to be .entitled to enforce the judgment or order may apply on affidavit to the court for leave to issue the Bjecessary process accordingly. And the court may, if satigfigd th^-t Order the party so applying is entitled to issue such process, make an ^reon. order to that effect, or may order that any issue or question necessary to determine the rights of the parties be tried and determined in an action to be commenced by plaint and summons in the ordinay way. And in either case the court may impose such term? as to costs or otherwise as may be just. [Rule 9a, Feb., 1892.] 15. Any order made under the last preceding rule ew parte shall be Service drawn up and sprved by post or otherwise on the persons to be o^ order, affected thereby, and proceedings thereon shall not issue until six clear days at least after the service of the order. [Rule 10a, Feb., 1892.] 16. Where, in any case mentioned in the two last preceding rules, joinder of a party alleges himself to be entitled by reason of one and the same several 11 . , . 1 1 . actions or change or other cause to eniorce the judgments or orders in more persons in actions or matters than one, or to enforce a iudffment or order asrainst "°® appli- ' . cation, apd more persons than one, he may make one application only for leave to notice of issue the necessary process in all or any of such actions or matters, o™^'' or against all or any of such persons, specifying in a schedule to such Forms 159, application all the actions or matters in respect of which such 161. ^.pplication is made, or all the persons in respect of whom such application is made ; and one order only may be made on such appli- cation in respect of all or any of such actions or matters, or all or any of such persons ; and in serving notice of any such order oh any person affected thereby, it shall be sufficient to set forth such part 124 Order XXV. only of such order as affects such person, without setting forth the rest of such order. [Rule 10b, Nov., 1900.] 17. The registrar shall, on issuing a warrant of execution against the goods, insert in or indorse on such warrant the amount to be levied, and the fees for the execution of the warrant, distinguishing the amount adjudged to be paid and remaining due, and the amount of the fee for issuing the warrant, and the fees for the execution thereof, and shall prepare and deliver to the bailiiF with the warrant a notice according to the form in the Appendix ; and the bailiff, upon levying, shall deliver such notice to the party against whom the execution has issued, or leave the same at the place where the execution is levied. [Rule 11. J Concurrent jg^ Warrants of execution against goods maybe issued concurrently warrants cd o %/ j into one or more districts, provided that the costs of more than one warrant shall not be allowed against the execution debtor unless by order of the court. [Rule 1?.] Indorse- ment on warrant of execution. Form 163. Notice to be left with debtor. Form 162. Costs of •warrants- Possession fees. 19. Except as otherwise provided by these rules, the costs of warrants, whether executed or unexecuted or unproductive, shall be allowed against the execution debtor, unless the judge otherwise directs. [Rule 12 hh, April, 1895.J 20. No possession fee shall be payable where an execution is paid out at the time of the levy ; but if the bailiff necessarily remains in possession for more than half an hour, and the execution is paid out on the day of levy, the possession fee for that day shall be charged. [Rule 12c, Feb. 1892.J Appraise- ment. Inventory and notice of sale of goods removed under execution. 21. No appraisement shall be made until the fifth day of the bailiff's holding possession of the goods under an execution, unless the goods are of a perishable nature, or are sold at the request of the party before the expiration of four days, or are removed. [Rule 12rf, Feb. 1892.] 22. Where goods taken in execution are removed, the high bailiff shall give to the execution debtor a sufficient inventory of the goods so removed, and shall also give to the execution debtor notice in writing, signed by the high bailiff, of the time when and place whfere such goods will be sold. Such inventory and notice shall be oiVen 125 to the execution debtor personally, or sent to him by post to his place O^der of residence, if known, or if such residence is not known, they shall ' be left at or sent by post addressed to the execution debtor at the place from which the goods are removed. The inventory shall be given o.r sent at the time of or immediately after the removal of the goods ; and the notice shall be given or sent at least twenty-four hours before the time fixed for the sale. [Rule 12c (1), May, 1899. J 23. Where goods are sold in execution the high bailiff shall, on Account of sale under the request of the execution debtor, furnish him with a detailed execution. account in writing of the sale, and of the application of the proceeds thereof. [Rule 12e, May, 1899.J 24. (1.) An application under section one hundred and forty- Applica- five of the Bankruptcy Act, 1883, and section twelve of the p^i^a^e'" Bankrupty Act, 1890, for an order that a sale under an execution sale. At^ Xr ATI may be made otherwise than by public auction, shall be made to the y^g^ ^ 5^, court on notice in writing according to the form in the Appendix, s. 145. stating shortly the grounds of the application. Vict. c. 71. s. 12. Form 170. (:^.) The high bailiff shall, on the demand of any applicant desirous Highbailiffi of making such application as aforesaid, deliver to him a written list *? deliver of the names and addresses of every person at whose instance any executions warrant or writ of execution against the ffoods of the debtor has been apP"- . cant. lodged with him. (3.) The notice shall be served four clear days at least before the Service of day appointed for the hearing of the application on the high bailiff "^o^i^® ^ and on every person named in such list as aforesaid other than the tion. applicant. High ^^ bailiff's (4.) On the hearing of the application the applicant shall produce list to be such list as aforesaid to the court. (5.) Every person upon whom the notice is served may attend the pergons hearing and be heard in opposition to or in support of the application, who may and the court may on the hearing direct that all or any part of the on applica costs may be borne by any of the persons attending or otherwise as tioi^- may be just. [Rule \za, Feb. 1892.] 126! Obdbb XXV. Judgment summons to be served personally. 32 & 33 Vict. c. 62. Praecipe for summons. Form 176. Summons "where two or more de- fendants. Issue of summons against debtor in the district, Applica- tion for leave for judgment summons to issue out of the district. Form 177. No leave required if travelling expenses deposited or under- taking given to pay or tender same. Judgment Summons. 25. (1.) No order of commitment under the Debtors Act, 1869, shall be made unless a summons to appear and be examined on oath, herein- after called a judgment summons, has been personal'ly served upon the judgment debtor. [Order XXV., Rule 13.J (2.) A person requiring a judgment summons to be issued shall file a praecipe according to the form in the Appendix. [New.] (S.) Where a judgment has been given or an order made against two or more persons, the person entitled to enforce the judgment or order may require a judgment summons to be issued against all or any one or more of the persons liable under the judgment or order. [New. J 26. (1.) A judgment summons may be issued without leave by the court within the district of which the debtor against whom the summons is issued resides or carries on business or is employed. [Order XXY., Rule 13.J (2.) Where a debtor does not reside and neither carries on business nor is employed within the district of the court in which the judgment or order was obtained, a judgment summons shall not be issued from that court without the leave of the judge. The application for leave shall be made upon affidavit according to the form in the Appendix, and leave shall not be granted unless the judge is satisfied that the evidence afforded by such affidavit, if uncontradicted, would justify the making of an order of commitment against the debtor. If leave is granted, a copy of the affidavit shall be lodged with the registrar and annexed to the judgment summons and served therewith. The districts of the metropolitan courts shall be deemed to be one district, so far as relates to the issuing of judgment summonses. [Rule 14a, Feb. 1892.J (3.) Provided that no affidavit or leave under the preceding paragraph of this rule shall be required if the person requiring a judgment summons to be issued either (a.) When such summons is to be served by a bailiff, deposits with the registrar, to be paid or tendered to the judgment debtor with the summons, or 127 (b.) When such summons is to be served otherwise than by a bailitf, Order . . XXV. gives an undertaking in writing to pay or tender to the " judgment debtor with the summons, a sum reasonably sufficient to cover the travelling expenses of the debtor to attend the court, the amount to be fixed by the registrar, and not to exceed the scale of allowance for travelling expenses of a witness prescribed by these rules. [New.J 27. Where a judgment or order is against afirm, or against a person Judgment carrying on business in any name other than his own in such s'i°i°ions other name, and the person entitled to enforce the judgment or order judgment desires to do so by judgment summons against any person whom he ^^.^ ^^ alleges to be liable under the judgment or order as a partner in or Forms 182 the sole member of the firm, or as the person carrying on business 183. in such other name as aforesaid, he shall file an affidavit, together with Form 184. a copy thereof, according to one of the forms in the Appendix, and thereupon a judgment summons may issue according to the form in the Appendix, directed to the person alleged to be liable as aforesaid, and there shall be annexed to such judgment summons, and served therewith, a copy of the said affidavit sealed with the seal of the court. Provided that where such person neither resides nor carries on business within the district of the court the summons shall not be issued unless the leave of the judge is obtained in accordance with the last preceding rule, or the proviso to that rule is complied with. If such person does not appear on the return day of the judgment summons, he shall be deemed to admit his liability as a partner in or the sole member of the firm, or as the person carrying on business in such other name as aforesaid, to pay the amount due and payable under the judgment or order. But if such person appears and denies his hability, the judge may decide the question on the evidence then before him, or may order the question to be tried and determined in an action to be commenced by plaint and summons in the ordinary way. [Ord^r XXV., Kule 14^, July, 1892, revised.] 28. A judgment summons, not being a successive summons, shall No judg- ' not issue after the expiration of four months from the date on which ^q^* ^^ the last payment into court, if any, under the judgment or order issued after 128 Order XXV. a certain time from judgment, &c., unless an affidavit in proof of means is filed. [Rule 15.] has been made, or if no payment into court has been made, then from the date upon which default was made, unless the delay has been occasioned by an attempt to levy an execution upon the debtor's goods, or unless an affida\dt is filed, stating the debtor's place of residence and place of business or employment, his profession or trade or employment (if any), and any facts known to the deponent, showing the means which the debtor has or since the date of the judgment or order has had to pay or to have paid the debt or instal- ments due under the judgment or order, sufficient to satisfy the judge that the debtor has the means of obeying or could have obeyed the judgment or order of the court ; and if the facts stated in the affidavit do not satisfy the registrar that the debtor might be thereon committed, the registrar shall refuse to issue the summons, and refer the applicant to the judge for his directions, and the judge may make such order in the matter as he may think fit. Provided that no affidavit under this rule shall be required if the person requiring a judgment summons tq be issued complies with the proviso to Rule 26 of this Order. [Rule 15 ; proviso new.] Where judgment summons applied for at a court in which judgment was not obtained. Form 155. 29. Where a judgment creditor desires to apply for a judgment summons to a court other than the court in which the judgment or order was obtained, he shall obtain from the registrar of the court in which the judgment or order was obtained a certified copy of the judgment or order in the action, according to the form in the Appendix, and file the same with his application. Such copy shall state the date on which the last payment into court, if any, under such judgment or order was made, or if no payment into court has been made, the date upon which default was made ; and the issue of a judgment summons under this rule shall be subject to the provisions of Rule 27 or Rule 28 of this Order, as the case may be. [Rule 16 ; added to. May, 1899.J Where judgment summons required on judgment of court other than a county court. 30. Where a party desires to enforce by commitment in any court a judgment or order of any cojoapetent court other than a county court, he shall obtain from such other court an office copy of the judgment or order he desires so to enforce, and shall file such office copy, together with an affidavit of the sum then due thereon, with the registrar of the court of the district in which the 129 party against whom the same is to be enforced resides or carries on 9^|^ business or is employed, and the registrar shall thereupon issue a — , .judgment summons. The issue of a judgment summons under this ]^g°"^^ ^^^' rule shall be subject to the provisions of Rule 27 of this Order in cases to which that rule applies ; but Rule 28 of this Order shall not apply to the issue of a judgment summons under this rule. [Rule 17 ; added to, May, 1899.] 31. (1.) A judgment summons shall be according to such one of the Issue and forms in the Appendix as shall be applicable to the circumstances of l^^g^^^ent the case, and shall be issued not less than ten clear days and be served not suminons. less than five clear days before the day on which the judgment debtor F^^°^g}^^' is required to appear, except in the case provided for by the next following rule. [Rules 18 and 18a, April, 1895. J (2.) A judgment summons may be served in accordance with the provisions of Order VII., Rule 53 ; and that rule shall apply to such service, with the substitution of the words " on the filing of the praecipe " for the words " on the entry of the plaint under Order V., Rule 9." If served otherwise than by a bailiff, an affidavit of service according to the form in the Appendix by the person who actually Form 185. effected service must be lodged with the registrar before or on the return day. [New.] (3.) A judgment summons shall, where travelling expenses are paid or tendered to the judgment debtor, be deemed to be a summons to a witness within the meaning of section one hundred and eleven of the 51 & 52 Act, and in every such case a notice according to the form in the ' ?h "' Appendix shall be printed at the foot of or annexed to the summons. [New.] 32. Where the person applying for a judgment summons states Where to the registrar that the judgment debtor is about to remove from j^^?™^° his residence or place of business, or is keeping out of the way to avoid about to service, the judgment summons may be-igsued and served at any time before the hearing : Provided that the court shall not act upon a summons issued under this rule in the absence of the judgment debtor, unless at the hearing the judge is satisfied, by e^ddence on oath, that at the time of the application for the judgment summons 8775 I 130 Order XXV. Successive judgment summons. Form 185. such party was either about to remove from his residence or place of business, or was keeping out of the way to avoid service. [Rule 19, altered.] 33. Where a judgment summons lias not been served in due time by a bailiff, a successive summons may be issued, without fee, at any time within three months ; but if such successive summons is not served in due time, no further successive summons shall be allowed, but a fresh summons may be issued on payment of the fee. Any successive or subsequent judgment summons may be served by such person as the court may direct. If served otherwise than by a bailiff, an affidavit of service according to the form in the Appendix by the person who actually effected service must be lodged with the registrar before the return day. [Rule 20a, Feb., 1892.] Adjourn- 34. The hearing of a judgment summons may, by leave of the judge, be adjourned from time to time. [Rule 21a, Nov., 1900.] Witnesses may be summoned to prove means. Name of witness to be entered in Book H, and ■whether proof made of past or present means. 35. Witnesses may be summoned to prove the m^ns of a judgment debtor in the same manner as witnesses are summoned to give evidence upon the hearing of a plaint ; and the expenses of any person examined by the judge, whether summoned or not, may be allowed by the judge. Travelling expenses paid to the judgment debtor with the summons may, if rhe judge so directs, be allowed as expenses of a witness in any case in which the costs of witnesses may be allowed under these rules. [Rule 22 ; last sentence new.] 36. In Book H. referred to in the Appendix there shall be entered the name of every mtness who has been examined as to the means of the debtor ; and whenever an order of commitment is made there shall also be entered in the column " order " of the said book a note or minute showing whether such order has been made on account of the past or of the present ability of the debtor to obey the order of the court. [Rule 23.] Evidence 37. Where a judgment creditor at whose instance a judgment affidavit, summons is issued, or a judgment debtor summoned to appear by a CTedUor or J'^^S^^^^* summons, does not reside within the district of the court debtor not in which the summons is to be heard, he may forward to the resident in 131 reffistrar of the court from which the summons is issued an affidavit, Obdeb XXV setting forth any facts which he may wish to be before the court prior ' to any order being made on the summons. And the judge may, if district of he thinks fit, on the hearing of the judgment summons admit issuing the affidavit as the evidence of the person by whom the same is made. ]^"g™ent ^ , . snniinons. Notice of this rule, according to the form in the Appendix, shall be Yotih 179. printed at the foot of or annexed to every judgment summons issued pursuant to leave granted under Rule 26 of this order. [Rule 24 ; last sentence new. J 38. Upon the issue of a judgment summons against a party upon a 9"*^^"'^°^ i- JO a r J r judgment judgment or order of the court out of which the judgment summons summons,any is issued, the bailiff of such court shall lodge in court any warrant of execution . issued to be execution against the goods of such party which may have been lodged in issued in the action, whether executed or not ; but any such warrant, if not fully executed, may be reissued by leave of the judge. [Rule 25, revised.] 39, Where a certified copy of a judgment or order is obtained from Minute a registrar for the purpose of taking proceedings thereon in any other certificate court, the registrar shall make on the minute of the judgment or °^ J^^^g- order a memorandum of such certified copy having been given, and has been the bailiff of the court issuinff such certified copy shall lodge in court §^"^®'^ *o "^ o rJ a made. any warrant of execution against the goods or judgment summons or Restriction order of commitment which may have been issued by such court upon ceedingsin such judgment or order ; and no such warrant, summons, or order court shall be re-issued, nor shall any subsequent warrant of execution certificate, against the goods or judgment summons upon such judgment or order be issued by such court, nor shall any order be made under Order XXIII., Rule 14, in such court, unless it is shown to the satisfaction of the court that no order has been made against the person liable under such judgment or order in any other court upon such certified copy. [Rule 27, revised.] 4(X (1.) Where a judgment summons is heard in a court other Where than that in which the judgment or order was obtained, a memorandum "oj^^^^. of the result of such hearing shall be sent by the registrar to the ment registrar of the court in which the judgment or order was obtained, ^^der 8775 J 2 132 altered by another court, pro- ceedings to be trans- ferred to and con- tinued in that court. Order and shall be entered bv such last mentioned rearistrar on the minute XXV of the judgment or order. (2.) If on such hearing an order of commitment or an order altering the terms of the judgment or order is made, the proceedings shall be thereby transferred to the court in which such order is made ; and all payments, whether under the order of commitment or under the original judgment or order, or under the new order, shall be made into, and execution or other process for enforcing either the order of commitment or the original judgment or order, or the new order, shall be issued by, the court making such order of commitment or new order. (3.) If on such hearing no order is made, the judgment or order shall remain in the court in which it was obtained, and the certified copy thereof shall be returned to that court ; and subsequent payments thereunder shall be made into, and subsequent proceedings for the enforcement thereof may be taken in, such last mentioned court. [Eule 26, revised.] Where order 41. Where an Order of commitment is sent to a foreisrn court of commit- _ _ _ '^ mentsenttoa under the provisious of section one hundred and fifty-eight of the foreign court. ... ^ . . -' o 51 & 52 Vict. Act, the registrar of the foreign court shall indorse on it a notice, Form 188. ' accordiug to the form in the Appendix, addressed to the governor of the prison used by that court, and shall affix the seal of the court thereto. [Rule 28. j No com- mitment after bank- ruptcy or adminis- tration order, in respect of debt provable there- under. 46&47 Vict. c. 52. s. 122. 42. Where a judgment debtor upon the return day of a judgment summons satisfies the judge that a receiving order has been made for the protection of his estate, or that he has been adjudicated bankrupt, and that the debt was provable in the bankruptcy, or that an order has been made for the administration of his estate under section one hundred and twenty-two of the Bankruptcy Act, 1883, and that the debt was incurred before the date of the order, and has been duly notified to the court, no order of commitment shall be made, except in accordance with the provisions of the last- mentioned section. [Rule 29, revised. ] 43. Where a judgment debtor after the making of an order of Commit- to be cummitjnent against hiin filf s in the court in which the order was enforced 133 made an affidavit according to the form in the Appendix, stating that Order a receiving order has been made for the protection of his estate, or ' that he has been adjudicated a bankrupt, and that the debt was where r6C6ivin.fir provable in the bankruptcy, or that an order for the administration of oradminis- his estate has been made under section one hundred and twenty-two tration ■' order made of the Bankruptcy Act, 1883, and that the debt was incurred before after order the date of the order, and has been duly notified to the court, ^ commit- annexing to such affidavit in such last-mentioned case a certificate porm 192. of the registrar of the court in which such last-mentioned order has 46 & 47 been so made, and forthwith upon such affidavit being so filed gives ^122*^' ' notice to the judgment creditor of the filing thereof, the order of commitment shall not be issued, and if issued and not executed it shall be recalled. [Rule 30, revised.] 44. Where a judgment debtor is arrested, he may file in the court Discharge within the district of which he is in custody an affidavit as mentioned ^^^^ ^' in the last preceding rule, and thereupon he shall be discharged out debtor on of custody upon the certificate of the registrar of that court, who affidavit as shall forthwith give notice to the iudgment creditor of such discharge, to bank- [Kule 31.J Forms 192, 194. 45. For the purposes of the three last preceding rules the registrar f'^'^*^^*® . of the court in which an order for the administration of a debtor's tratiou order has been estate hap been made under the provisions of section one hundred made, and twenty-two of the Bankruptcy Act, 1883, shall, upon the c. 52. s. 122.' application of the debtor, issue to him a certificate according to the ^°'™ '^^• form in the Appendix, [Rule 32a, Feb. 1892.J 46. (1.) On the hearing of a judgment summons the judge, if he Order on is of opinion that an order of commitment ought not to be made, may gummons. refuse to make any order, or may make a fresh order for payment of the amount remaining due and unpaid under the judgment or order, either at a specified time, or by instalments. [New. J (2.) If an order of commitment is made, the judge may direct the Suspen- execution of such order to be suspended to enable the debtor to pay order of the amount in respect of the non-payment of which the order is made, commit- by instalments or otherwise ; and a note or minute of such direction shall be entered in the column " Order " in Book H referred to in the 134 Okukr Appendix. When such direction is given, notice shall be sent to the ' debtor according to the form in the Appendix. [New.] Forml9lA. Payments (3.) Subject to the provisions of Rules 48 and 49 of this Order, all into court, payments under a fresh order or order of commitment shall be paid into court. [New. J Form, (4.) An order of commitment shall be according to such one of duration ^^^ forms in the Appendix as shall be applicable to the circumstances of order of of the case, and shall, on whatever day it may be issued from the ment. registrar's office, bear date on the day on which the order for corn- Forms 187, mitment was made ; but such order shall not be enforced after the ' ■ ■ expiration of one year from the date thereof, unless at any time before or after the expiration of such year the judge otherwise orders. The fact of the making of any such order shall be indorsed on the order of commitment, according to the form in the Apjiendix. [Rule 33. J Suspension 47. Where a judgment or order has been given or made for payment for pay- ^J instalments, and an order of commitment is made in respect of ment of the non-payment of one or more of such instalments before the whole stalments of such instalments have become due, then, if the execution of the during order of commitment is suspended to enable the debtor to pay the suspension . '■ <.i.,, ^ ■ ^ of order of amount m respect of the non-payment of which the order is made, commit- i^y. instalments or otherwise, the judgment or order for payment of respect of instalments shall also be suspended for so long as the execution of the stelments o^ & court in the Appendix, to the registrar of the home court of the amount so under paid in, and shall account for and pay over the amount to the order of >■ •' cominit- treasurer of his court at such time as the treasurer shall require ; and ment. the registrar of the home court shall upon the receipt of the certificate ™ file the same and pay out of any money in his hands to the judgment creditor the amount so certified to have been received by the registrar of the foreign court, ani shall enter the same in the book mentioned in the last preceding rule ; and he shall be allowed by the treasurer of his court, at his audit, the amount so paid. [Rule 3.] Order XXIX. 158 ORDER XXIX. Security. Security by bond. [Rule l.J Form 235. Form 237. 1. Where a party proposes to give a bond by way of security, he shall serve, by post or otherwise, on the opposite party and upon the registrar, at his office, notice of the proposed sureties, according to the form in the Appendix ; and the registrar shall forth- with give notice to both parties of the day and hour on which ' he proposes that the bond shall be executed, and shall state in the notice to the obligee that any valid objection which he may have to make to the sureties or either of them must be made on such day. Affidavit of 2. The sureties shall make an affidavit of their sufficiency according ^nn 236^'' ^ *^® ^°^™ ^° *^® Appendix, unless the opposite party dispenses with such affidavit. [Rule 2. J Execution of bond. 3. The bond shall be executed in the presence of the judge or registrar, or of a commissioner to administer oaths, or of a clerk to the registrar nominated to take affidavits. [Rule 3. J Deposit in 4. Where a party makes a deposit of monev in lieu of giving a bond bond, he shall forthwith give notice to the opposite party, by post or otherwise, of such deposit having been made. [Rule 4.j Bond to be 5. In all cases where the security is by bond, the bond shall be deposited, given to the party or persons requiring the security, and shall be '- -' deposited with the registrar until the action is finally disposed of. Officer of 6- ^o registrar, deputy registrar, registrar's clerk, high bailiff, court not bailiff, broker, or other officer of the court, shall become surety in to be . "^ surety. any case where by the practice of the court security is required. [Rule 6.J 159 ORDER XXX. Order XXX. Proceedings by and against Executors and Administrator^. 1. Ir. actions by executors or administrators, if the plaintiff Costs fails, the costs shall, unless the court otherwise orders, be awarded ^^.®''f.„ .... plaintiflf in favour of the defendant, and shall be levied de bonis propriis. fails. [Rule 1.] 2. Where an executor or administrator, plaintiff or defendant, costs on non- does not appear on the day of hearing, the provisions of sections 5i^T2 vSt eighty-eight, eighty-nine, and ninety-one of the Act shall apply gg^gi.'^' ^^' respectively, subject to the rules applicable to executors or adminis- trators suing or sued. [Rule 2. J 3. A party suing an executor or administrator may charge in "Waste of the summons that the defendant has had assets and has wasted them, assets. and he shall state in his particulars the amount of assets alleged to have been left by the deceased, and the manner in which the said assets have been wasted. [Rule 3.j ~4. Where a defendant is charged with waste in the summons, if Judgment the judge is of opinion that the defendant has wasted the assets, the "^^^^ judgment shall be that the debt or damages and costs shall be levied charged. de bonis tesiatoris, si, &c., et si non, de bonis propriis ; and the Form 238. non-payment of the amount of the demand immediately on the judge finding such demand to be correct, and that the defendant is chargeable in respect of assets, shall be conclusive evidence of wasting to the amount with which he is so chargeable. [Rule 4. j 5. Where a defendant, sued as an executor or administrator, admits judgment his representative character, and only denies the demand, if the "w^^ere plaintiff proves the demand the judgment shall be that the demand tion ad- and costs shall be levied de bonis testatoris, si, &c., et si non, as to the ™itted, but . 5 > ) ) demand costs, de boms propriis. [Rule 5. J denied. Form 239. 6. Where such ' defendant admits his representative character, but Judgment denies the demand, and alleges a total or partial administration of representa- assets, aind the plaintiff proves his demand, and the defendant proves the tion ad- mitted, and demand 160 Order XXX. denied but proved,and admini- stration alleged and proved. Form 240. Judgment in like case where ad- ministra- tion not proved. Form 241. administration alleged, the judgment shall be to levy the costs of proving the demand de bonis testatoris, si, &c., et si non, de bonis propriis ; and as to the demand, judgment of assets, quando acciderint ; and the plaintiff shall pay the defendant's costs of proving the administration of assets, unless the court otherwise orders. [Rule 6. J 7. Where such defendant admits his representative character, bul denies the demand, and alleges a total or partial administration oi assets, and the plaintiff proves his demand, but the defendant does not prove the administration alleged, the judgment shall be to levy the amount of the demand, if such 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. [Rule 7. J .Tudgment where repre- sentation ard demand admitted, and adminis- tration alleged and proved. Form 242. Judgment in like case where ad- ministra- tion not proved,and no other defence es- tablished. Form 243. 8. Where such defendant admits his representative character and the plaintiff's demand, but alleges a total or partial admini- stration of assets, and proves the administration alleged, the judgment shall be of assets, quando acciderint, and the plaintiff shall pay the defendant's costs of proving the administration of assets, unless the court otherwise orders. [Rule 8.j 9. Where such defendant admits his representative character and the plaintiffs demand, but alleges a total or partial administration of assets, but does not prove the administration alleged, and has not established any other ground of defence, the judgment sha,ll be to levy the amount of the demand, if such 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. [Rule 9.J Proceed- ings aftei judgment 10. Where judgment has been given against an executor or mgs after administrator that the amount be levied upon assets of the deceased on assets quando acciderint, the plaintiff may issue a summons according to Zderint. *^® ^'^^^ ^° *^® Appendi^c ; and if it appearg that assets have come Form 244. 161 to the hands of the executor or administrator since the judgment, the Order judge may order that the debt, damages, and costs be levied de bonis ' testatoris, si, &c., et si non, as to the costs, de bonis propriis : Provided that it shall be competent for the ])arty applying to charge in the summons that the executor or administrator has wasted the assets of the testator or intestate, in the same manner as in Rule 3 of this Order, and the provisions of Rule 4 shall apply to such inquiry ; and the judge may, if it appears that the party charged has wasted the assets, direct Form 246. a levy to be made as to the debt and costs, de bonis testatoris, si, &c., et si non, de bonis propriis. [Rule 10.] 11. Where a defendant admits his representative character and Payment the plaintiff's demand, and that he is chargeable with any sum in q^ defend- respect of assets, he shall pay such sum into court, subject to the rules ant'sad- 1 • • • 1 rn T 1 1 T mission of relating to payment into court in other cases. [Rule 11. J demand and of assets. 12. In actions against executors or administrators for which Judgment provision is not hereinbefore specially made, if the defendant fails as to ^ases any of his defences, the judgment shall, unless the court otherwise orders, be for the plaintiff as to his costs of disproving such defence, and such costs shall be levied de bonis testatoris, si, &c., et si non, de bonis propriis. [Rule 12. j ORDER XXXI. Order XXXI. New Trial. 1. An apphcation for a new trial, or to set aside proceediags, may Applica- be made and determined on the day of trial, if both parties are present, *'o° ^of or such application may be made at the first court held next after the expiration of twelve clear days from such day of trial : Provided that the intended applicant shall, seven clear days at least before the holding of such court, deliver to the registrar at his office, and also give to the opposite party by serving the same personally on such party, or by leaving the same at his residence or place of business, a notice in writing stating that such an application is intended to be made at such coiul, and setting forth shortly the 8776 L 162 XJCxf S^^'^^'^s of such intended application ; but such notice shall not operate as a stay of proceedings unless the judge otherwise orders ; and if any money paid into court under any execution or order in the action has not been paid out at the time when such notice in writing is given to the registrar, the registrar shall retain the same to abide the event of such application, or until the judge shall otherwise order ; and if no such application is made, the money shall, if required, be paid over to the party in whose favour the order was made, unless the judge otherwise orders ; and if such notice is not given in manner aforesaid, or such application is not made at the court mentioned in the notice, no application for a new trial or to set aside proceedings shall be subsequently made, unless by leave of the 51 & 52 judge, and on such terms as he may think fit : Provided that this s w' ^ ' ^^^^ shall not apply to cases falling within the provisions of section ninety-one of the Act. [Rule la, Feb. 1892.J Judge may 2. The judge may, in his discretion, make it a condition of direct new . . , , .,,',, trial to be grantmg a new trial that it shall take place with a jury, although had with jury. the former trial did not take place with a jury. [Rule 2. J ll^^j^ ORDER XXXII. Appeals. Appeals. ]. Appeals shall be brought in accordance with the provisions of Vict. c. 61. ^^^ Rules of the Supreme Court, made under the Supreme Court of ss. 23,24. Judicature Act, 1884. [Rule 1.] Judgment 2. When the Court of Appeal has pronounced judgment, either A ^eal"*"* party may deposit the same, or an office copy thereof, with the to be de- registrar of the county court, and upon being so deposited such posited. judgment shall be filed and may be enforced as if it had been given by the county court. [Rule 2.] New trial. ^- ^ "^^ t™l i" pursuance of an order of the Court of Appeal shall be entered for trial at the first county court which shall be held next after twelve clear days from the time when such order or office copy thereof has been deposited as aforesaid, unless the parties agree that it shall take place sooner, or the judge otherwise orders- 16 rt and it shall be conducted in the same manner as any new trial Order XXXII granted by the county court itself. [Rule 3. J 4. If the order of the Court of Appeal be that judgment shall be Proceod- entered for either party, then such judgment shall be entered l^jl^J^nt accordingly, and the successful party shall be at liberty to proceed on of Court of such judgment as on a judgment of the county court. [Rule 4.] ORDER XXXIII. Order XXXIII, Actions oe Matters remitted from or transferred to the High Court. 1. Where by order of the High Court any action or matter Where is remitted or transferred to a county court, the plaintiff shall ^.ction or lodge with the registrar the order, or a duplicate thereof, and the remitted writ, together with the pleadings, affidavits, and other documents Co™^^^^^ filed in the High Court, or copies thereof, and also a statement of the names and addresses of the several parties to the action or matter, and their soHcitors, if any, and (if no statement of claim has been „ „„„ J T J • ^ -rr n, Forms 280, delivered m the High Court) a concise statement of the particulars of 282. claim, such as would be required upon entering a plaint ; and the registrar shall thereupon enter the action or matter for trial, and give notice to the parties of the day appointed for such trial, by post or otherwise, ten clear days at least before such day, and shall annex to the notice to the defendant a copy of the particulars, fgg"^^ ^^^' [Order XXXIII., Rule l.J 2. The registrar shall forthwith indorse on the order or duplicate Order to he thereof the date on which the same was lodged, and file the same, and ^^^d- the action or matter shall proceed in all things as if it were an j^gg j^ ' ordinary action in the court. No notice of defence under Order X. county shall be required where a statement of defence has been delivered in the High Court. [Rule 2. J 3. Upon being served with a notice of trial under Rule 1 of this Defendant Order, a defendant shall proceed in all thing-s in the same way as if ^° P™*^^.®*^ , ^ ° •' as if action the action had been brought in the county court, and the notice so originally served upon him was an ordinary summons. [Rule 3. J coimfv' '" 8775 L 2 court" on 164 Order XXXIII. Special notice in action for libel or slander. 6 & 7 Vict. c.96.s8.1,2. Forms 86, 87. Transfer of equitable action or matter to Chancery Division under 51 & 52 Yict. c. 43. ss. 67, 68, 70. Form 331. 4. Where in any action for libel or slander remitted under section sixty- six of the Act to be tried in a county court, the defendant intends to avail himself of the provisions of sections one and two of the Libel Act, 1843, he shall give notice in writing of such intention to the registrar five clear days at least before the day appointed for the trial of the action. [Rule 4.] 0. If during the progress of any action or matter under section sixty-seven or section seventy of the Act, or of any other action or matter commenced under the equitable jurisdiction of the court, it is made to appear that the subject matter of the action or matter exceeds the limit in point of amount to which the jurisdiction of the court is limited, the judge if requested may forthwith make an order for the transfer of the action or matter to the Chancery Division of the High Court, but if not so requested the order shall not be made before fifteen days at least ; and the registrar shall make and file a copy of such order, and shall transmit the order, by post or otherwise, to the proper ofl&cer of the Chancery Division of the High Court, and shall also send notice, by post or otherwise, of "the fact to all parties and persons entitled to be served with a copy of the order. [Rule 5. J 6. If during the progress of taking any accounts or making any inquiries in any action or matter under section sixty- seven or section seventy of the Act, or of any other action or matter commenced under the equitable jurisdiction of the court, it appears to the registrar that the subject matter of the action or matter exceeds the limit in point of amount to which the jurisdiction of the court is limited, he may if he thinks fit proceed with and complete the particular account or inquiry, but he shall at the next sitting of the court present a certificate of the state of the proceedings in the action or matter, and if the judge is of opinion that such excess exists, he shall make an order of transfer as under the last preceding rule. [Rule 6.] Trans- ''• Where any order is made by the High Court of Justice or any mission of Division or judge thereof for the transfer of any action or matter &c. to High from a county court to the High Court under section ninety of Report by registrar, and proceedings, where limit of j[urisdio- tian in equit- able action or matter found t»be exceeded. 61 k 52 Viot, 0. i'K ss. 67, 68, 70. ^ormSSl. 165 the Supreme Court of Judicature Act, 1873, or under section one Order hundred and twenty-six of the Act, or where an order is made by the judge under section sixty-eight of the Act, and Rules 5 and 6 of this Court by Order, then, subject to such order, the record in such proceeding after order shall be transmitted by the registrar in the following manner. The °^ ^t^oT^^'^' registrar shall make and certify under his hand office copies of all vict. c. 6fi. entries of record in the books of the court, and shall forthwith fc, 2-'' ^ * transmit by post or otherwise to the proper officer of the High 4-3. ss. 68, Court such copies, together with all documents filed in the action ' ' or matter, and also, where the proceedings have been transferred from a county court, the order of such court. Such copies and the cost of transmission shall be paid for in the first instance by the party on whose application the transfer has been made, unless the transfer has been made by the judge under Rule 5 or Rule 6 of this Order without any application to transfer being made to him, in which case such copies and the costs of transmission shall be paid for in the first instance by the plaintiff in the action or matter ; and the registrar may require deposit of the cost of making such copies and transmission before making or transmitting the same ; but such payment shall be without prejudice to any question as to the party by whom such costs are ultimately to be borne. [Rule 7. J 8. Where any action or matter is transferred under section sixty- Registrar nine of the Act to a county court, the registrar shall forthwith ^■a^aelor apply to the judge for directions as to the further steps in the action directions or matter ; and thereupon the judge may give such directions for fgj. fp^j^ carrying on the action or matter as he may think fit, or he may High Court appoint a time to hear and determine any matters in such action 51 & 52 or matter, and direct the registrar to summon all parties to appear "^*- *^- ^^■ on the day so appointed. And the judge may also, if he thinks fit, [Rule 8.] order the registrar to give notice to the parties to the action or matter, or any of them, that the order of transfer has been made. 9. Where a proceeding by way of interpleader has been transferred Claimant to a county court under the powers given by section seventeen of o^^er of the Supreme Court of Judicature Act, 1884, the claimant shall High Court within the time (if any) limited by the order transferring the pro- pjjjg jnter- ceeding, or if no time is so limited, then within seven days ft-Qin the pleader 166 Order XXXIIT. proceed- ing under 47&48 Vict. c. 61. s. 17. Form 284. Entry for hearing. Form 285, date o£ such order, lodge with the registrar the order transferring the proceeding, or a duplicate or copy thereof, under the seal of the High Court, together with office copies of all affidavits filed on the applica- tion to the High Court, and a copy of the issue, if any, directed to be delivered between the parties by any order of the High Court, and also a statement in writing setting forth the names and addresses of the several parties to such proceeding, and their solicitors, if any, and stating concisely the nature of the proceeding transferred, together with a request to enter the same for hearing. If the claimant fails to lodge such documents and request within the time limited as aforesaid, any other party to the proceeding, or the sheriff, may lodge the same. The registrar shall thereupon enter the proceeding for hearing, and shall give notice of the day, time, and place for the hearing of the proceeding to the parties, and where the order is made on an interpleader summons issued at the instance of the sheriff, to the London agent of the under-sheriff, by post or otherwise, ten clear days at least before such day, unless any shorter notice is directed in the order transferring the proceeding, or by the judge or registrar as hereinafter provided. [Rule 9 (1), May, 1899. j Claimant to lodge two copies of particulars and grounds of claim. Form 211. 10. Where the order is made on an interpleader summons issued at the instance of the sheriff, the claimant shall five clear days at least before the day fixed for the hearing of the proceeding (unless such time is reduced as hereinafter provided), lodge with the registrar two copies of the particulars of any goods or chattels alleged to be the property of the claimant, and of the grounds of liis claim ; and the registrar shall forthwith send by post to the execution creditor one of the copies of such particulars : Provided that by consent of all parties, or without such consent if the judge so directs, the interpleader claim may be tried, although this rule has not been complied with. [Rule 9a (1), May, 1899.] Damages not to be claimed. 11. No claim for damages shall proceeding. [Rule %, April, 1895. J be allowed in any such Mode of 12. Any proceeding by way of interpleader transferred from the terpleader High Court to a county court shall be tried in such manner and under transferred guch conditions as may be prescribed by the order directing such 167 transfer. In the event of no directions as to the manner and con- Order ditions of trial being given in such order, any of the parties to the — ^ proceeding (or the sheriff, where the order is made on an interpleader from High summons issued "at his instance,) may apply to the court to which the proceeding is transferred for directions as to the mode of trial, or vict. c. 61. as to any proceeding with reference to the property seized ; and ^- ■'^• subject to any such directions the proceeding shall be tried by the judge without a jury, and the ordinary procedure on the trial of an action shall apply. [Rule 10a (1), May, 1899. J 13. (1.) In particular, where the order directing such transfer Provisions directs the sheriff to withdraw from possession on payment of any sum for interim ^ ^ •' ■' custody of by the claimant, and in default of such payment to sell the goods goods, and seized, but provides that such directions for sale shall be subject to any (j^^j^^^^" order which may before the goods are sold be made by the county hearing, court, directing the sheriff to remain in possession o£ the goods or to hand over possession thereof to the high bailiff of the county court, any party to the proceeding, or the sheriff, may, on notice to the other parties to the proceeding, and (where notice is given b/ one of the parties) to the Tjondon agent of the under-sheriff, apply to the court under Rule 11 of Order XII to postpone the sale, and to expedite the hearing of the proceeding ; and the court may there- upon order the sheriff to remain in possession of the goods until the hearing, or to hand over possession thereof to the high bailiff of the court, instead of proceeding to a sale, upon such terras as to possession money or other charges as may be prescribed by the order directing the transfer, or, if no such terms are prescribed, upon such terms as may be just and reasonable ; and the court may also expedite. the hearing. (2.) For the purpose of expediting the hearing of any such proceeding as aforesaid, the following provisions shall have effect : (a.) The court may fix an early day for the hearing, and may for that purpose reduce the length of notice of hearing required by Rule 9 of this Order, and the time before the hearing- fixed by Rule 10 for the filing of particulars : {b.) The judge may also order the hearing to take place at any convenient court of which he is the judge : 168 J^Pi?T C^-) 0" *^® ^^7> *™^5 ^^^ y>\ace for the hearing being fixed, the ■ • PI •I'll 1" ■ J" registrar of the court in which the proceeding is pending shall forthwith give notice thereof to the parties in accordance with Rule 9, together with notice of the time within which particulars are to be filed, (d.) Where the hearing is to take place at another court, the registrar of the court in which the proceeding is pending shall forthwith send notice to the registrar of such other court that the judge has ordered the hearing to take place there ; and he shall in sufiicient time before the he-aring transmit the papers to the registrar of the court at which the hearing is to take place, who shall act at the hearing for such first-mentioned registrar, and shall after the hearing return the papers to him, with a minute of the order made ; and such order shall be settled, sealed, filed, entered, and proceeded on in the court in which the proceeding is pending, in like manner as if the hearing had taken place there. [Rule lOaa, May, 1899. J Sheriff's ^^' -^^ order made by the court in any proceeding by way of charges. interpleader transferred from the High Court shall prejudice or affect May]899"l *^^ I'ights of the sheriff to any proper charges ; and the judge shall make such orders as may be just with respect to any such charges ; but such charges shall be ultimately borne, as between tlie parties to the proceeding, in such manner as the judge shall direct. High i5- Where any goods are handed over to the high bailiff in bailiff's pursuance of any such order as aforesaid, he shall hold or disnose nf chargeB. . • i i t • the same m accordance with the directions contained in such order or in any subsequent order made in the proceeding ; and he shall be allowed for keeping possession of such goods such reasonable charges, not exceeding those which might be made by the sheriff', as the judge may order, and for a sale of such goods, if he is directed to sell the same, the same charges as are allowed on a sale under an execution issued by the county court ; and such charges shall be ultimately borne, as between the parties to the proceeding in such manner as the judge shall direct- [Rule 1 lb, May, 1899.1 169 16. Where any proceeding by way o£ interpleader, or any action .i^^^?: or matter pending in the Chancery Division, is ordered to be transferred from the High Court to a county court, and no order to f'<*^*^ °^^^' the contrary has been made in the High Court, the costs of the order and Chan- and of the proceedings prior thereto shall be in the discretion of the ^3^^^^^" judge of the county court, and shall be taxed in the count)' court transferred upon such scale, whether of the High Court or the county court, as the q^^j^ 47 ^ -judge may think just. The costs in the county court shall be in 48 Vict. the discretion of the judge, and shall be taxed on such county court ^'i ^'52 scale as he may think just. [Rule 10ft, July, 1892. j ^ict. c. 43. 17. Where any proceeding by way of interpleader is transferred Sheriff's from the High Court to a county court, the judge may order that the sheriff shall have his costs of the interpleader proceeding in the High Court, and may direct by which party the said costs shall be paid. [Rule 11. J 18. The order made upon a proceeding by way of interpleader Order on transferred from the High Court to a county court shall contain inter- directions as to how any money paid into court or in the hands of the pl^ader sheriff is to be disposed of, and an order on the sheriff to deal with any money in his hands accordingly. A minute of every such order shall be entered in the minute book, but no order need be drawn up or served unless any of the parties require it, or the court otherwise orders. The order, if drawn up, shall be according to such one of the forms provided for orders on the hearing of interpleader Forms 213, proceedings commenced in the county court as shall be applicable to the case, with such variations as the case may require. [Substituted for Rule 10c, April, 1895.J 19. Where the registrar of the court to which any action, matter, Transfer of or proceeding is transferred from the High Court, or a partner or remitted " clerk of such registrar, has acted as solicitor for any party to such from High action, matter, or proceeding in the High Court, the judge may another order such action, matter, or proceediuff to be transferred to some ^^^^^> ' . .• where regi- other court under section eighty-five of the Act ; and the strar has provisions of Order VIII., Rule 9, shall apply to any application anvnarT for such transfer. [Rule 12, June, 1896. J in High Court. 51 & 52 Vict, c. 43. s. 58. 170 Ordbe XXXIV. No other cause of action to be joined. Particu- lars. ORDER XXXIV. Replevin. 1. In actions of replevin no other cause of action shall be joined in the summons. [Rule 1.] 2, On entering a plaint in replevin, the plaintiff shall specify and describe in a statement of particulars the cattle or the several goods and chattels taken, and the distress or other taking of which he complains. [Rule 2. J 3. An action of replevin shall be tried in the same way as other actions, and the judgment therein, in ordinary cases, whether for Mode of trial. Forms 1^1 290 291. ' plaintiff or defendant, shall be, unless otherwise ordered, according to the forms in the Appendix. [Rule 3. J Where de- fendant succeeds in action where dis- tress is for rent, &c. Form 290. 4. Where the distress is for rent, or for any other sum of money for which a distress may be lawfully taken, and the defendant succeeds in the action, if the defendant so requires, the judge shall, if the action is tried without a jury, and the jury shall, if the action is tried with a jury, find the value of the goods distrained, and if the value is less than the amount of rent or other sum of money in arrear, judgment shall be given for the amount of such value, but if the amount of the rent or such other sum of money in arrear be less than the value so found, judgment shall be given for the amount of such rent or other sum of money, and such judgment may be enforced in the same manner as any other judgment of the court. [Rule 4. j 5. Where the distress is for damage feasant, and the defendant is entitled to judgment for a return, if the plaintiff so requires, the judge shall, if the action is tried without a jury, and the jury shall if the action is tried with a jury, find the amount of the damage sustained by the defendant, and judgment shall then be given in favour of the defendant, in the alternative, for a return, or for the amount of the damage so found. [Rule o.] ^jjgj,p 6. In all cases of replevin, other than those arising out of a seizure defendant by way of distress, where the defendant justifies the taking and proves in other Ws case, the judgment for the defendant shall be for a return of the cases. goods, with or without costs. [Rule 6. J Where de- fendant en- titled to a return in damage feasant. Form 291. 171 ORDER XXXV. ORMR The Summary Procedure on Bills of Exchange Act, 1855. 1. Particulars of demand shall be filed on the entry of a plaint PartLcalars under the Summary Procedure on Bills of Exchange Act, 1855, and ° ^ i S *; shall be according to the form in the Appendix, mutatis mutandis. 19 Vict. [Order XXXV., Rule 4, Feb., 1892.J ^^^J^ 2g 2. Where under the said Act a defendant applies for leave to defend, Leave to he shall satisfy the court, by affidavit, that good grounds exist for ^^^^ xg ^ granting leave to defend the action, and shall file with the registrar 19 Vict. such affidavit, together with a copy thereof, and shall, if required so to " do by the court, give security according to the provisions of section two of the said Act. [Rule l.J 3. Where leave is given to defend, the registrar shall appoint the Notice of action to be heard at the first convenient sitting of the court to be ^^^^^ *° ^^ ° given, held after such leave is granted, and shall send to the plaintiff notice rR^je 2 1 thereof according to the form in the Appendix, together with a copy Form 40. of the affidavit made by the defendant, and shall also send to the defendant by post a notice according to the form in the Appendix. Form 41. 4. Any application under section three of the said Act to set aside Applica- the judgment shall be made to the judge ; but until the judge can VsTVm*^^'^ hear the same, execution shall be stayed, upon the defendant giving Vict. c. 67. security to abide the decision of the judge. [Rule 3. J ^" °' ORDER XXXVI. ORDER XXXVI. Registry of Judgments. — - 1. A return of every judgment entered in the City of London Court Return of for the sum of ten pounds and upwards shall be transmitted by the judgments registrar to the Registrar of County Courts Judgments in London, London in the same manner as returns of judgments entered in a county Ciourt. court are now transmitted. [Rule i.] 172 Order XXXVI. Note of order in Admiralty or equity to be sent. 2. A note of every judgment or order in an Admiralty action, or in any action or matter imder section sixty-seven or seventy of the Act, or any other action or matter commenced under the equitable jurisdiction of the court, shall within ten days of the making thereof be transmitted by the registrar to the Registrar of the County Courts Judgments in London, who shall register the same as heretofore, [Rule 2, revised.] Order XXXVII. ORDER XXXVil. Funds. Payment ] . Where a party is directed to pay money into court in any action ■^*°au't- °'' ™*t*^^ mentioned in sections sixty-seven and sixty-nine of the Act able actions or in any other action or matter commenced under the equitable .^1 & 52 ' jurisdiction of the court, he shall attend and pay the same into the Vict. c. 43. office of the registrar, and obtain a receipt for the amount ; and the ss. 67 69. . . . ' ' ' registrar shall, unless otherwise ordered by the judge, pay the same into a post office savings bank, in accordance with the provisions of section seventy-one of the Act. [Order XXXVIL, Rule 1 ; words in brackets new.] Entry of payments, 2. The registrar shall enter in the " Cash Book " and " Ledger for Equitable Proceedings " any money so paid, to the account of the action Payment ^^ matter in which it is paid ; and where the interest of any fund paid of interest, j^^q ^ post office savings bank has been directed to be paid to any person, the registrar shall pay the same half-yearly out of any general moneys in his hands. [Rule 2.] Mode of withdraw- ing moneys from post office sav- ings bank. Form 343. Reinvest- ment of in- terest on stocks in names of 3. The registrar, whenever he is directed by order to draw out of a post office savirigs bank any fund or part of any fund standing to the account of any action or matter, shall send a letter to the Treasury according to the form in the Appendix. [Rule 3.] 4. Where money has before the 1st day of January 1868 been invested in stocks, and the investment is in the names of the treasurer and registrar alone, the registrar shall from time to time receive the dividenus of all the funds so standing in their names, and shall 173 re-invesfc the dividends in the same names, except where and so far „^^y?j as the court otherwise directs, and shall apportion the amount so re-invested in his books to the same accounts as the original invest- treasurer ments. [Rule 4. J registrar. 5. Where any married woman is interested in any principal money, Examiaa- stocks, shares, or securities exceeding in value two hxmdred pounds, married or ten pounds in annual payments, and is not entitled to the same woman ,,, -iii-i ■ interested as her separate property, she shall be examined by the judge apart in fund. from her husband to ascertain whether the same shall be paid to him or made the subject matter of a settlement ^ and if the judge ment. thinks that a settlement should be made, and in all cases where the married woman is under age, the judge shall by his judgment make such settlement accordingly : Provided always, that the judge may, if he thinks fit, order such settlement to be prepared by counsel and settled by the judge. [Rule 5. J 6. Where in any action, matter, or proceeding the estate of a Payment deceased person who has died intestate is entitled to a fund or to to deceased a share of a fund in court not exceeding one hundred pounds, and it intestate, • c • i> 1 • 1 1 1 • • -1 not exceed IS proved to the satisfaction or the judge that no administration has ing 100?. to been taken out to such deceased person, and that his assets do not ^^f?i^'^j exceed the value of one hundred pounds, including the amount of the to take out fund or share to which the estate of such deceased person is entitled, ^*^°}^°'^" the judge may direct that such fund or share shall be paid, transferred, or delivered to the person who, being a widower, widow, child, father, mother, brother, or sister of the deceased, would be entitled to take out administration to the estate of such deceased person. [New ; R.S.C. Order XXII., Rule 18a, July, 1902.] ORDER XXXVIII. Order XXXVIII. The Countt Courts Act, 1883, Sections 67 and 70. The Settled Land Acts, 1882 to 1890. The Trustee Act, 1893. 1. Proceedings under the fifth and sixth sub- sections of section Proceed- sixty-seven of the Act, or the Trustee Act, 1893 (other than '^ff^ion proceedings under section forty-two of the last-mentioned Act), Order XXXVIII. 51&52 Yict. c. 43. s. 67, (5, 6). 56 & i)7 Vict. c. 63. 45&46 Vict. c. 38. 174 or under the Settled Land Acts, 1882 to 1890, shall be commenced by filing a petition, intituled in the matter of the Act under which the proceeding is taken, and of the trust or settlement, with as many copies of the petition as there are respondents to be served. [Substituted for Order XXX VIII., B.ule l.j Siatement 2. At the foot of every petition presented to the court, and of to be served ^very copy thereof, a statement shall be made of the persons, if any, "witti. intended to be served therewith ; and if no person is intended to be served, a statement to that effect shall be made at the foot of the petition and of every copy thereof. [New; E.S.C. Ordei LIL, Rule 16.] Registrar to issue notices of day of hearing of petition. Form 341. 3. Upon the filing of a petition, the registrar shall issue the copies under the seal of the court to the bailiff for service upon the respective persons to be served, together with a notice, signed by the registrar himself and under the seal of the court, stating the day and hour on which the petition will be heard, and that if they do not attend either in person or by their solicitors such order will be made and proceedings taken as the judge may think just and expedient. [Rule 2. J Service ol 4. The bailiff shall, ten days at least before the hearing, serve all petitions copies of such petitions and notices in accordance with the rules as to notices. the service of ordinary summonses. [ Substituted for Rule 8.] Facts to be ^- Upon the hearing of any petition or application under this proved by Order, unless the judge otherwise directs, the facts relied upon in support of or in opposition thereto shall be proved by affidavit. [Rule 4.J Judge may 6. The judge may refer any matter to the registrar to make direct inquiries and to report to him the result of such inquiries. [Rule 5. 1 inquiries. All parties ^- In every final judgment or order made upon any petition or may apply, application under this Order liberty shall be given to all parties to apply, [Rule 6.] 175 8. Where the judge makes an order upon a petition or application ^^^g^^j^j^ under this Order, the registrar shall, as soon thereafter as conveniently _ — may be, draw up, seal, and file such order. [Eule 7.] to^draw^up order. 9. Any person desiring to pay money, transfer stock, or deposit Payment °,,,„ ,j 1, into court security in trust to attend the orders of any court under sub- under 51 & section five of section sixty-seven or under section seventy of the ^^^p°*- g^ Act, or section forty-two of the Trustee Act, 1893, shall file with (,5), 70.' the registrar an affidavit, intituled in the matter of the Act, and of ^6^& ^^^^^ the particular trust, and setting forth : s.42. (a.) His own name, address, and description : (b.) The place where he is to be served with any petition or summons, or any notice of any proceeding or order of the court relating to the trust fund : (c.) The amount of money, stock, or security which he proposes to pay, transfer, or deposit in trust to attend the orders of the court : {d.) A short description of the trust, or of the nature and contents of the instrument creating it : (e.) The names, addresses, and descriptions of the persons inter- ested in or entitled to, or claiming to be interested in or entitled to the fund, to the best of the knowledge and belief of the trustee : ( /".) The submission of the trustee to answer all such inquiries relating to the application of the money or stock paid in or transferred or security deposited, or otherwise, as the court may think proper to make or direct. [Rule 8. J 10. The affidavit in the last preceding rule mentioned may be Affidavit, according to the form in the Appendix, with such variations as each Form 333. particular case may require. [Eule 9.j 11. Where it is desired to retain any sum of money for costs Costs incurred in the payment of money into court, or in any matter ^^ ^^^_ connected with the trust prior to such payment, a bill of costs shall ment into , J , court to be be filed and such sum only shall be retamed as may be allowed by taxed. the registrar on taxation. [Rule lO.J 176 ^2?r^?,^, 12. Probate of the will, or the original instrument or document, XXXVIII. 1 . 1 1 . or such evidence as the registrar may require as to the instrument ^/t'^^Tt ^''®^*i°o *he trust, shall be left with the registrar for such period as be left. he may reasonably require. [Rule 11. J Memoran- dum of filing to be indorsed. 13. Immediately on the receipt by the registrar of the affidavit he shall indorse thereon a memorandum of the day on which the same was filed ; and when such affidavit has been so indorsed, it shall be taken for all purposes to have been duly filed on the date so indorsed thereon. [Rule 12.j Evidence 14. The registrar shall compare the statements in the affidavit with be com • *^® probate or other instrument deposited with liim, and shall pared with indorse on the affidavit a memorandum that he has made such inaffidavit. comparison, and shall add to such indorsement any memorandum as to any matters which may be omitted in the affidavit and which he may think material. [Rule 13. j Certificate 15, The persons filing the affidavit, or any of them, may apply to may be° the registrar to give to them a certificate intituled in the matter of the given. ^Q^ and of the particular trust, and under the seal of the court, 335™^ ' certifying that the affidavit has been filed, and such certificate may be according to one or other of the forms in the Appendix, with such variations as each particular case may require. [Rule 14. J Money may be paid into post office savings bank. 51 & 52 Vict. c. 43. s. 70. 16. In the case of money, the persons filing the affidavit, or any of them, may upon the receipt of the certificate in the last preceding rule mentioned pay the money into a post office savings bank under section seventy of the Act, and obtain from the officer of the bank a receipt for the same, and shall forthwith leave the receipt with the registrar, who shall immediately indorse thereon a memorandum of the day on which the same was received by him ; and when such receipt has been so indorsed, it shall be taken for all purposes to have been duly recorded on the date so indorsed thereon. [Rule 15.J Transfer of 17. In the case of stock, the persons filing the affidavit, or any of stock. them, may upon the receipt of the before-mentioned certificate in Rule 15 mentioned transfer the stock into the names of the treasurer and registrar of the court mentioned in the certificate, in trust to 177 attend the orders of the court, and shall forthwith leave the transfer Obdbr_ ticket with the registrar, who shall immediately indorse thereon a memorandum of the day on which the same was received by him ; and when such transfer ticket has been so indorsed, it shall be taken for all purposes to have been duly recorded on the date so indorsed thereon. [Rule 16. J 18. In the case of security, the person filing the affidavit may Deposit of forthwith deposit the security with the registrar in the name of the " ^' treasurer and registrar, in trust to attend the orders of the court, and the registrar shall immediately indorse on the affidavit a memorandum of the day on which the security was deposited with him. [Rule 17. J 19. The registrar shall within twenty-four hours after the deposit Notice of of the security as in the last preceding rule mentioned send notice security. thereof by post to the treasurer of the court, stating therein the Form 338. particulars of the deposit, which notice may be according to the form in the Appendix, with such variations as each particular case may require. [Rule 18.] 20. Where there is a court in which there is not a treasurer, the Transfer or transfer or deposit shall be made into the names of the registrar and ^^^^^J jjo the superintendent of the County Court Department of the Treasury treasurer, for the time being. [Rule 19.] 21. Immediately after the recording of the postmaster's receipt or Certificate of the transfer ticket, or of the deposit of the security, the registrar «* P^^y- , 1, • , . . , ^ ^ . , ment, shall give to the persons paying m the money, or transierrmg , the transfer, or stock or depositiQg the security, an acknowledsrment or certificate deposit to jr a J 1 a ^,e given.* of such payment or transfer or deposit, and such acknowledgment or certificate may be according to the form in the Appendix, with such Forms 336, variations as each particular case may require. [Rule 20.] 22. Immediately after the recording of the postmaster's receipt or Entries to of the transfer ticket, or the giving of a certificate of deposit of Equity security, the registrar shall cause an entry to be made in the book Proceed- heretofore called the Suits and Proceedings in Equity Book, of the title of the particular trust, and the amount of money paid or stock transferred, or security deposited, and the names ^nd addresses of the 8775 M 178 Order XXXVIII persons making suCh payment, transfer, or deposit, and the names of all persons stated in the affidavit to be or to claim to be interested in or entitled to such money, stock, or security, and their addresses and descriptions, as given in the affidavit ; and the registrar shall forthwith send by post to each of such last-mentioned persons, to the address given in the affidavit, a notice of the said payment, transfer, or deposit, which notice shall be under the seal of the court. Form 339. and may be according to the form in the Appendix, with such variations as each particular case may require. [Rule 21. J Notice to parties interested Petition by person in- terested in funds in court. Form 340. 23. Any person entitled to or claiming to be interested in any fund in court, or (if need be, but not otherwise,) the trustee, who desires the directions of the court as to the investment, payment out, or distribution of the whole or any part . of the fund or the income thereof, may file a petition according to the form in the Appendix, stating therein the substance of the order which he desires to obtain, and praying for the order and direction of the judge with respect to the fund so paid into court, and the rights of all persons thereto. The petitioner shall file with such petition a copy for every respondent to be served, and a copy for the use of the judge ; and the registrar, shall forward such last mentioned copy, with an office copy of the affidavit filed under Rule 9 of this Order (to be made at the costs of the petitioner), to the judge ; and, subject to the following rules. Rules 2 to 8 of this Order shall apply to the service of and proceedings on such petition. [Rule 22, revised.] Persons to be, served. 24. Where the application relates to the capital of the fund in court, the trustee and all persons interested in such fund shall be served with a copy of the petition, unless the judge otherwise directs ; and where the application relates to the income only of the trust fund, the trustee only shall be served with the petition, unless the judge otherwise directs. [Rule 23. j 25. Where a trustee avails himself of the statutory provisions referred to in Rule 9 of this Order without sufficient reason the When trustee, . iqaybe -™^.,.., „„^ ordered to judge may direct such trustee to bear his own costs, and to pay the costs of any other persons, or to bear and pay any part of such respective costs, as the judge may think .fit. [Rule 24.] 179 26. If the person filing the petition relies only on the facts stated ^rdbr in the affidavit filed by the trustee, it shall be sufficient for the person filing such petition to state on oath at the hearing that he believes ^ ts'sliated such facts to be true, unless the judge requires any further evidence in afBdavit to be adduced. [Rule 25.J relied on. 27. Upon the hearing the judge shall, if the application relates to the Rights of capital of the fund in court, require proof o£ all facts which are to b^^"^ '^^ necessary to be ascertained in order not only to grant the specific declared, relief prayed by the petition, but to declare and decide the rights of all parties in or to the fund in court, and he shall make a final order declaring what such rights are, and make such order as to dealing with the whole of the fund as would be made upon a final judgment in an action for administration. [Rule 2 6. J Form 342 28. Where on the petition the petitioner relies only on the facts When trustGG stated in the affidavit of the trustee, it shall not be necessary for the need not trustee to appear on the hearing ; and if he does so appear, his costs ^'PP^ar. shall not be allowed out of the fund unless the judge certifies that it was right and necessary for him to appear. [Rule 27. J 29. The registrar shall pay to any person to whom money is found Paymentto to be due by the final order the sum so found due upon his applying fo„n^^ for the same and proving his identity to the satisfaction of the registrar ; entitled, and where any such person is an infant at the time of the making of infants on the final order, upon proof that he has attained the age of twenty- one coming of years. [Rule 28.J • ^^' 30. The judge at the instance of any person interested shall inquire Where into any prolixity, and as to any irrelevant matter ia any petition or prolixity or affidavit, and as to any unnecessary expense thereby incurred, and irrelevant may make such order in reference thereto as the justice of the case may require. [Rule 29. J 31. Every petition for dealing with money or securities in court Petition chargeable with any duty payable to the Revenue, or Vsdth the ^jielhe dividends on any such securities, shall contain a statement whether duty has such duty has or has not been paid. ^^ nof *' ' [New ; R.S.C. Order XXJI., Rule 12a.J 8775 M 2 180 Order XXXIX. Under- taking for expenses of trial at place ■where court is not held. Form 369. ORDER XXXIX. Admiralty Actions. Sittings of the Court. Where action may be tried. 1. The judge may try or partly try any Admiralty action at any place within the Admiralty district of the court. [Order XXXIX B. Rule l.J 2. Where application is made to the judge for the trial or part trial of an Admiralty action at a place in which a court is not held, the party making the application shall file a praecipe undertaking to provide at his expense a place to the satisfaction of the judge in which the action may be tried, and to pay the necessary expenses of the judge and officers attending at such place. [Rule 2.] Sittings 3. The days of the sitting of the court for the trial of Admiralty court^in actions shall be those appointed for the transaction of the ordinary Admiralty, general business of the court held in the city or town mentioned in the name of the court, or such other days as the judge may from time to time appoint on the written application of either party. Provided that where, from the detention of a vessel or otherwise, a prompt determination of any action is desirable, a special sitting shall on the application of any party be appointed by the judge at as early a date as possible. Such application shall be made on notice being given to the other party, who shall have the right to be heard. Special day for trial. [Rule 3.] Commenc- ment of action. Form 368. Commencement of Action. 4. A plaintiff desiring to commence an Admiralty action shall file a praecipe stating the nature of the action, and, when practicable, his name, address, and description ; and if the proceedings are commenced through a solicitor, the name of the solicitor, and an address within three miles of the office of the registrar at which it shall be sufficient to leave all instruments and documents in the action required to be gerved upon the partj^ commencing such proceedings, and also stating 181 the name of the owner or other person against whom the action is 0^^^^ 1 1 X.-a.XlJi.. instituted, or that the action is instituted against the vessel or other property to which the action relates. [Rule 4.] 5. When it is not practicable at the time of filing the praecipe Plaintiff to state therein the name of the plaintiff, it shall be sufficient (sub- ^^cribed ject to the right of the defendant to demand his name) to describe the as owner, plaintiff as " Owner of the ship or vessel ." [Rule 5.] 6. In Admiralty actions in rem. no further service of a summons Where than delivery thereof in accordance with Order VII., Rule 12, and no accepts warrant of arrest, shall be required, where a solicitor represents that service and he is authorised to accept service on behalf of the defendant, and ^^ appear signs a memorandum agreeing to accept service, and undertaking to &c., in -, . , ., . • T J! 1 •! action appear and to put in bail, or to pay money into court in lieu or bail {^ rem. [Rule 6, altered.] Form 373. 7. A solicitor not entering an appearance or putting in bail or Solicitor ... ^1 ., . f ^ ■ -^^ not fulfil- paymg money into court in lieu oi bail, in pursuance ot his written i^ under- undertaking so to do, shall be liable to attachment. [New ; R.S.C. *?'^\°^S, Order XII., Rule 18.] attach- ment. 8. In an Admiralty action for wages against the owners of a Notice of foreign vessel, notice of the commencement of the action sha-U be commence- given to the consul or vice-consul of the state to which thfe vessel action to belongs, if there is one resident within the district of the court, and ^^ fo^g^l a copy of the notice shall be annexed to the praecipe. [Rule 7. J in certain cases. Particulars and Summons. 9. A plaintiff desiring to commence an Admiralty action shall Particu- file with the prsEcipe particulars of his claim, with, in an action in rem, a copy thereof for service, and, in an action in personam, as many copies thereof as there are defendants to be served. If the proceedings are commenced by a solicitor, the particulars must be signed in accordance with Order VI., Rule 9, otherwise the costs of such particulars shall not be allowed, [Rule 8a (1), May, 1899, revised.] 182 ORDEfR XXXIX. Summons. Forms 370, 371. [Rule Sb (1). May, 1899.] 10. Immediately upon the filing of the- praecipe the registrar shall enter a plaint and ia^ue a summons according to one or other of the forms in the Appendix, for service by the solicitor if the proceedings have been commenced by a solicitor, or by the bailiff oi the court. The particulars shall be annexed to the summons before service, and shall be deemed to be part thereof. Affidavit to be filed. Arrest. 11. Where after the commencement of an Admiralty action it is desired to arrest any vessel or property, the plaintiff or defendant counter- claiming shall file an affidavit stating the fiicts which render it probable that the vessel or property will be removed out of the jurisdiction of the court before the claim or counter-claim is satisfied. It shall not be necessary to show in such affidavit that the vessel or property is likely to be removed immediately. [Rule 9.] 12. In an Admiralty action for necessaries or wages the nationality of the vessel shall be stated in the affidavit. [Rule 10. j 13. Where upon the filing of the affidavit the court is satisfied with the evidence, it may issue a warrant in duplicate for the arrest and detention of the vessel or property ; and where the court is not satisfied, it inay require further evidence to be adduced, and may order the detention of the vessel or property for the purpose of adducing such evidence. [Rule 11.] When sum- 14. A summons in rem may be served and a warrant of arrest may be served may be executed on Sunday, Good Friday, or Christmas Day, as well arrest as On any other day. [Rule 12. J executed. When nationality 6t vessel to be stated. When ■warrant of arrest may issue. Form 372. Service of summons or warrant of arrest. Service of Summons or Warrant. 15. Service of a summons or execution of a warrant against a vessel, or fireight, or qargo on board shall be effected, by deli:^erin£r the summons, or a duplicate of the warrant, to the person who is at the time of service of the summons or execution of the w:arrant apparently in charge of the vessel or property, or if there is no person apparently m feliarge; by nailing' or affixing the summons or dupli- Order. eatie warrant on the rdain mast' or on the smgle mast oi the vessel. _:_zi In other cases the summons must be served personally upon the defendant, unless the court, upon facts duly verified upon affidavit, allows of substituted service. [Rule 13, revised.] 16. If the cargo has been landed or transhipped, service of a Service summons or execution of a warrant to arrest the cargo and freight cargo shall be effected by placing the summons or warrant for a short time landed or . on the cargo, and afterwards leaving a true copy or duplicate of shipped. " such summons or warrant on the cargo. [Rule 14.] 17. If the cargo is in the custody of a person who will not Where permit access to it, service of the summons or warrant may be made ^^^ " upon the custodian. [Rule 15.] denied. 18. In cases in which proceedings are commenced under section Service on twenty-one, sub-section 2, of the County Courts Admiralty Juris- *^®^ ■ diction Act, 1868, in a county court in the district of which the agent 31 & 32 in England of the owner of the vessel or property to which the action ^ gi c9-\ relates resides, the summons shall be served personally upon such agent, unless the court, upon facts duly verified upon affidavit, allows of substituted service. [Rule 16.] Appearance in Admiralty. Actions. 19. A defendant desiring to enter an appearance in an action shall Appear- file a prtecipe, and thereupon an entry of his appearance shall be made in the Admiralty Actions Book. [Rule 17.] 20. The praecipe shall state, when practicable, the name, address, Contentsi and description of the party on whose behalf the appearance is °* Pi'^^ipe* entered, and when such appearance is entered by a solicitor, the name of the ^ solicitor, and in either case shall state an address within thrfee miles of the office of the registrar at which it shall be sufficient to leave all instrurnents and documents in the action required to be served upon the defendant entering the appearance. [Rule 18.] 184 Order 21. Where it is not practicable at the time of entering the ■ ' appearance to state the name, address, and description of the Praecipe in defendant, it shall be suflScient in actions in rem (subject to the right rem when of the plaintiff to demand further particulars) to state that the defend- appearance is entered on behalf of the " owners " of the property &c. is not proceeded against, or on behalf of " the defendant." [Rule 19. J known. Interven- tion in action in rem. Form 374. 22. In an Admiralty action in rem any person not named in the summons may intervene by entering an appearance in the action, on filing an affidavit showing that he is interested in the vessel or property, or the fund in court ; and any person so intervening shall be deemed to be a defendant. If the interest claimed by such person is not cognisable by the coiirt, any party may apply to the court or to the High Court to have the action transferred to the High Court. [Rule 20, revised : see R.S.C. Order XII., Rule 24.J 23. Upon the arrest of any vessel or property an appearance may be entered in the same manner as upon the service of the Appear- ance on yessel, &c, summons. [ Rule 2 1 . J Notice of appear- ance. 24. A defendant or other person entering an appearance shall deliver to the registrar so many duplicate copies of the praecipe as there are persons to be served with notice of appearance ; and the registrar shall seal such copies and enter thereon the date of sealing, and return them to the person entering the appearance ; and such person shall forthwith give notice of appearance to the plaintiff, and in the case of an intervener to all other parties who have appeared, Form 374a. according to the form in the Appendix ; and such notice shall be , accompanied by a sealed duplicate of the praecipe. Such notice and duplicate shall be served at the address for service of the party to be served, and may be served in accordance with Order LI V., Rules 2 to 4. [New ; R.S.C. Order XIl., Rules 8, 9.j Defen- dants appearing by same solicitor. 25. If two or more defendants in the same action appear by the same solicitor and at the same time, the names of all the defendants so appearing shall be inserted in one prajcipe. [New ; R.S.C. Order XII., Rule 17.J 185 26. A defendant may appear at any time before final judgment. ^^SfS If he appears at any time after the time limited by the summons for . appearance, he shall not, unless the court otherwise orders, be entitled '^^'^^ *°^ to any further time for any purpose than if he had appeared according ance. to the summons. [New ; R.S.C. Order XII., Rule 22.J Statement of Claim. Counterclaim. Defence. Reply. Preliminary Act. 27. The defendant at the time of entering appearance, or within Defendant seven days thereafter, may give notice in writing to the plaintiff to require deliver a statement of the circumstances in which his claim arises ; statement ... of claim, and the plaintiff shall within ten days from the time of receiving such notice, or within such farther time as may be allowed by the court, file a concise statement accordingly, and deUver a copy thereof to the defendant. [New.] as. If the defendant does not require a statement of claim to be Defence, delivered, he shall within ten days after appearance, or within such compter. further time as may be allowed by the court, file a concise statement claim, of his defence, set off, or counterclaim (if any), and deliver a copy statement thereof to the plaintiff. fNew.! of claim '■ "■ ■" not re- quired. 29. If the defendant requires a statement of claim to be delivered. Defence, he shall within ten days from the delivery thereof, or within such gou^teV-'' further time as may be allowed by the court, file a concise statement claim, of his defence, set off, or counterclaim (if any), and deliver a copy statement thereof to the plaintiff. FlSTew.! »* claim ■■ ■" required. 30. The plaintiff shall within six days from the delivery of the Reply, defendant's defence, set off, or counterclaim, or within such further time as may be allowed by the court, file a concise statement of his reply (if any) to such defence, set off, or counterclaim, and deliver a copy thereof to the defendant. [New.] 31. Subject to these rules, the rules of the Supreme Court for the Rules as to time being in force with respect to pleadings and amendment of ^^^*^^"^^ pleadings shall, with the necessary modifications, apply to every state- amend- ment of claim, defence, set oft", counterclaim, and reply delivered ^^^ ' pursuant to these rules. [New.J 186 (^DER 32. (1.) In actions for damage by collision between vessels, where ^^ ' the amount claimed exceeds twenty pounds, unless the court otherwise Prelimin- orders, the plaintiff shall within seven days after the commencement ary Act in "^ i -c, actions for of the action, and the defendant shall within seven days after appearanccj coUi^^ ^^ ^^^ ^^^^ *^^^ registrar a document to be called a Preliminary Act, between which shall contain a statement of the following particulars : — vessels. ■> . , ...':, (l.) The names of the vessels wliich came into collision and the names of their masters ;* (2.) The time of the collision ; (3.) The place of the collision ; , (4.) The direction and force of the wind ; , . (5.) The state of the weather ; , • , ' (6.) The state and force of the tide ; ' (7.) The course and speed of the vessel when -the other was first . ,; , seen,.; •. , , . • , ■ r i..: m^ ^ , • (8;) The lights (if any) carried by her ; (9.) The distance and bearing of the other vessel' when first seen ;' (iO.) The lights (if any) of the other vessel which "were first seen ; ' ' (11.) Whether any lights of the other vessel, other than those first seen, came into view before the collision ; (12.) What measures were taken, and when, to avoid the collision ; (13.) The parts of each vessel which first came into contact ; (14.) What sound signals (if any), and when, were ^ven ; (15.) „What sound signals (if any), and when, were heard from the other, vessel ; (16.) What acts of neghgence, or what breach of any navigation' rule, bye law, or regulation, was committed by those in charge of the other vessel ; - ., i ' and, in the case of a defendant : (17.) The name of any vessel, other than the plaintiff's vesselj' which the defendant alleges to have caused the collision or' da-miage, or with reference to which those in" charge of the defendant's vessel had to act. 187 (2.) Either party may, after (but not before) filing his preliminary ^^^gg^ act, and after the pleadmgs (if any) are completed, inspect and obtain ^^^ office copies of the preliminary act filed by the other party. (3-.) Where preliminary acts are required, the action shall be tried 6n such preliminary acts, without pleadings, unless the court orders pleadings to be delivered ; but in such case, if the defendant intends to set up a set off or counterclaim, he shall within ten days after appearance, or within such further time as may be allowed by the court, file a concise statement of his set off oi- counterclaim, and deliver a copy thereof to the plaintiff ; and if either party intends to rely on the defence of compulsory pilotage, he shall file a notice of such defence, and deliver a copy thereof to the adverse party, in the case of a defendant within the time allowed by this rule for the delivery of a set off or counterclaim, and in the case of a plaintiff within six days from the delivery of the defendant's set off or counterclaim, or within such further time as may be" allowed by the court. [New ; see R.S.C. Order XIX., Rule 28 ; County Court Rules, Order XXXIXb., Rule 47.J Interrogatories. 33. Leave shall not be granted to deliver interrogatories seeking Intecroga* information substantially the same as that which would be disclosed °"®^' by any pleading or preliminary act, unless the court considers such interrogatories necessary either for disposing fairly of the action or for saving costs. [New.] Default of Pleading by Flaintij^. 34. If the plainbiff .when required to deliver, a statement of claim Default or file a preliininary act does not deliver or file the same within the ^^^^^ time allowed for that purpose, any defendant who has entered an plaintiff appearance may at thei expiration of that, time apply to the judge to dismiss the action with costs for want of prosecution ; and on the hearing of such application the judge may, if no statement of claim or preliminary act has been delivered or filed, order the action to be dismissed accordingly, or may make such other order and on such terms as W shall think just.' [New ; R.S.C. Order XXVIL, Rule l.J 188 ' ORDER' •XXXIX. Setting down for hearing, and notice thereof. Form 375. Procedure in default of appear- ance. Form 375. Forms 395-397. Setting down Action for Rearing. 35. Where an appearance has been entered, and the pleadings and preliminary acts (if any), have been delivered and filed, or the time allowed for delivery or filing o£ any pleading or preliminary act has expired without such pleading or act having been delivered or filed, any party may, subject to the right of the defendant to apply for the dismissal of the action for want of prosecution under the last preceding rule, apply to have the action set down for hearing, and it shall be set down accordingly, either on a day appointed for the transaction of the ordinary general business of the court, or on a day appointed by the judge on application made pursuant to Rule 3 of this Order ; and the registrar shall forthwith give to each party in the action a notice stating the day upon which the action will be heard. [Rule 22a, May, 1899.] Procedure in Default of Appearance. 36, Where no appearance has been entered within the time limited by the summons, then — (1.) If the claim is for salvage or towage, and is not a claim of a liquidated nature, and is not a claim for damages, the plaintiff may, on filing an afildavit of due service of the summons, apply to have the action set down for hearing, and it shall be set down accordingly, either on a day appointed for the transaction of the ordinary general business of the court, or on a day appointed by the judge on application made by the plaintiff ; and the registrar shall forthwith give to the plaintiff a notice stating the day upon which the action will be heard ; (2.) In any other case, the plaintiff may apply to have the action set down for hearing ; or he shall, on filing an affidavit of due service of the summons, be at liberty to sign final judgment for the amount named in the particulars in claims of a liquidated nature, with costs to be taxed, or interlocutory judgment with costs to be taxed in actions for damages, and in the latter event the damages shall be assessed by the registrar under the rules provided for the assessment of damages. [Rule 23a, May, 1899.] 189 Order BaU. Release of Property. XXXIX. 37. Bail in Admiralty actions may be taken before the registrar, or g^^-j ]t)efora before a commissioner to administer oaths ; but in every case the registrar or sureties shall justify, unless the adverse party gives notice in writing gioner. dispensing with affidavits of justification. [Rule 24. j Form 377. 38. Ifo commissioner shall take bail on behalf of any person for Commis- whom he or any person in partnership with him is acting as solicitor (.erlain or agent. ca,seB not to [New ; R.S.C. Order XII., Rule 21. j ^^""^ ^*'^- 39. The bail bond and affidavits of justification shall be prepared Prepara- by the party giving bail ; the affidavits shall be according to the form p^perg in the Appendix, with such variations as may be necessary. Form 378. [Rule 25.J 40. If bail is to be taken before the registrar, a notice containing the Bail before names and addresses of the sureties, and of the time appointed for ^^ taking the bail, shall be given or sent by post by the registrar to the party giving bail, and shall be served by such party on the party requiring bail before six o'clock on the day before that which is appointed for taking the bail ; and the sureties shall attend at the time appointed for the purpose of executing the bail papers, and of being cross-examined as to their means, if required. Where cross-examination is not required, the bail papers may be executed before a clerk to the registrar nominated by the judge under section eighty- three of the Act to take affidavits. [Rule 26.] 41. If bail is taken before a commissioner, notice of such bail shall Bail before be given, and an affidavit of service thereof filed according to the forms gfj^^^^" in the Appendix, subject to such variations as may be necessary ; but Forms the property shall not be released without consent until the expiration ^^^' '^^^• of twenty-four hours from the time of service of such notice. [Rule 27.] 42. On receipt of notice of bail having been taken before a com- Notice to missioner, the property shall not be released, if before the expiration ^?+'^^^f **^ of such twenty-four hours the party requiring such bail gives notice cross-ex- to the party giving bail, and to the registrar, that he requires such p^rm^ga^' sureties to attend before the registrar for the purpose of being cross- [Rule 28.] : examined as to their nxeans. [Rule 28.] 190 ^°^ 43. On receipt of such notice the registrar ehall appoint a time , tor such cross-exammation, and shall give or send by post notice ot yrogs-ex- ^j^^g ^|jjjg appointed to the parties forty -eight hours at least before the. of sureties, time so appointed ; and the sureties shall attend at the time Form 382. appointed for the purpose of being cross-examined ; and on such cross-examination the registrar may either declare the bail given to be sufficient, or order .fresh bail to be given. [New. J Costs of ex- amination of sureties required ■^itHout sufficient cause. [Rule 29.] Release on payment into court or comple- tion of bail. Form 384. Release in action for salvage. Appraise- ment at request of plaintifif. Form 383. [I%e Argo. L.R. 1895, P. 33.] 44. If in the opinion of the registrar notice of attendance of the sureties for such cross-examination has been given without sufficient cause, the costs of their attendance for cross-examination, and the expenses of the detention of the property kept imder arrest in consequence of such notice, shall be paid by the party requiring such attendance, and the registrar shall make an order accordingly. 45. Where the amount sued for is paid into court, together with costs, or when the security has been completed, or in any other case if the plaintiff so requires, the registrar shall deliver to the party applying for the same an order directed to the high bailiff of the court, authorising and directing him, upon payment of all costs, charges, and expenses attending the custody of the vessel or property, to release it forthwith. [Rule 30. J 46. Notwithstanding the last preceding rule, the property in an action for salvage shall not be released, except with the consent of the plaintiEE, until its value has been agreed or an affidavit of value filed on behalf of the party seeking the release, unless the judge otherwise orders. [Rule 31.] 47. If the plaintiff is dissatisfied with the value mentioned in the affidavit filed under the preceding rule, he shall be entitled to have the A^alue ascertained by appraisement, and for such purpose shall file a prgecipe. The costs of such appraisement shall be in the discretion of the court. If the plaintiff does not require an appraisement, he shall not be entitled to dispute at the hearing the value mentioned in the affidavit, unless the judge, in the exercise of his discretion, for good cause otherwise orders. [Rule 32 ; last paragraph new.] Release of 48. Cargo arrested for freight only may be released by filing an *'*^^''' affidavit as to the value of the freight and by paying the amount of 191 the freight into court, or by satisfyiag the court that it has already Order been paid. [New ; E.S.C. Order XXIX., Rule 4. J 49. A commission or fee paid to a person becoming surety to a bail Cominis- bond or otherwise giving security may be recovered on taxation. gQ*^^ablo Provided that the amount of such commission or fee shall not in the, on taxa- aggregate exceed one pound per centum on the amount in which bail is given. [New ; R.S.C. Order XII., Rule 21a, Nov. 1900.J Transfer of Action. 50. Where an action is transferred to another county court or to Transfer of the High Court by order either of the court in which the actio]i was High. Court commenced or of the High Court, the registrar shall traiismit the or ainother record of the proceedings to the proper officer of the court, in the court. same manner as is prescribed by Order XXXIII., Rule 7, of these ?^'^^^^„ ^ . . "^ . . Vict. c. 66. Rules, for the transmission of proceedings transferred under section s. SO. nmety of the Supreme Court of Judicature Act, 1873, and sections ^. * a^^ sixty-eight and one hundred and twenty-six of the Act. [Rule 33. j ss. 68, 1?.6. Forms 385, 386. 51. Where the proceedings are transferred by an order of the High Order of Court, a copy of the order transferring the proceedings shall be left cofi-tfor with the registrar. [Rule 34. 1 transfer to ^ *- -' be left with Second or Cross Action. registrar. 52. Where it appears to the judge that the plaintiff in an When Admiralty action (hereafter called the second action) was or is the ^^ ^^ -' , . . second or defendant in an action (hereafter called the first action) in another cross action court arising out of the same transaction, and that he did not propose ^f^ged to the plaintiff in the first action that by agreement jurisdiction should be given to the court in which the first action was commenced to hear and determine the second action, the judge may, if he thinks fit, refuse the plaintiff in the second action his costs, [Rule 35.} 53. Where a second or cross action for damage has been commenced Cross by a defendant in an action for damage, and the second action has ^^'^^^^^ been commenced, by agreement or otherwise, in the court in which tried the first action was commenced, or has been transferred to the said °^^ ^^' court by order of any other court, the court may direct both actions to be tried at the same time and upon the same evidence. [sRule 36.] 192 Order XXXIX. Consolida- tion of Actions. Consolidation of Actions. 53a. Admiralty actions pending in the same court and depending on the same facts, or actions of salvage pending in the same court and relating to services rendered to the same vessel in relation to the same peril, may be consolidated by order of the court, on application made by any party on notice to all other parties in accordance with the rules in force as to interlocutory applications. On any such order being made the court may give such directions as to the conduct of the consolidated actions, the delivery of pleadings, and the appearance of the parties at the hearing, and may impose such terms and conditions and make such orders in the matter, as may be just. [New ; see R.S.C. Order XLIX., Rule 8 ; County Court Rules, Order VIII., Rule 4. J £nfoTcemenX6 to D6 bailiff shall pay the gross proceeds of sale into court, return the paid into warrant, and file an account of the sale and of the fees thereon, signed ''°'^^''- by him, together with the certificate of appraisement signed by the appraiser. [Rule 41. J 67. Any person interested in the proceeds of any sale may inspect Objection the high bailiff's account of the sale and of the fees thereon, and may of sale, or object to such account and fees, and any such objection shall be heard ^^ *®®s- in the same manner as an objection to the taxation of a solicitor's bill of costs. [New ; R.S.C. Order LI., Rule 16.J 68. On the completion of the purchase the high bailiff shall deliver Delivery of . 1 1 11 property to up the property to the purchaser, and it required so to do shall execute purchaser. a bill of sale to him at the expense of the purchaser. [Rule 42.] 69. The costs incurred by the plaintiff in obtaining an order Costs of directing any vessel or property to be taken and sold in execution, order for and in suing out execution, to be taxed by the registrar, shall be sale, and of fi ,'. ,1 1 execution, allowed and be recoverable agamst the vessel or property taken in execution. [Rule 43a, May, J 899. J Transfer of Sale. 70. Where a vessel has been arrested or has been seized under a Proceed- warrant of execution, and the sale of the vessel has been ordered to J^^gfej. be transferred t6 the High Court, the vessel shall be retained by the of sale. high baiHff until the marshal shall, by order of the High Court, take possession thereof. [Rule 44.J 8776 N 2 196 Order XXXIX. Applica- tion for transfer of proceed- ings for sale. Applica- tion to be trans- mitted to judge. Form 413. 71, The party desiring that the sale of any vessel or property should be conducted in the High Court may at any time after judgment give security to the amount of ten pounds, and deliver to the registrar an application for an order for the transfer of the proceedings for sale to the High Court. [Rule 45. J 72. The registrar shall transmit the application in the last preceding rule mentioned to the judge for his order thereon, if the court is not sitting, and shall in any case certify on the application that the security for costs has been given. [Rule 46. j Tenders. OrSxa^* 73. The provisions of Order IX. as to payment into court shall into^court' ^*-** ^Pplj to Admiralty actions ; but in lieu thereof the following not to apply, provisions shall apply. [Rule 48a, May, 1899. J Tender. Form 387. 74^ Q^ A party desiring to make a tender shall give notice to the adverse party of the terms and amount of the tender, and shall deliver a praecipe, with a copy thereof for the adverse party, and pay the amount of the tender into court. (2.) A tender may be made and money paid into court — (a) either in respect of the whole of the claim ot the adverse party, or in respect of any part thereof : (b) with or without costs : (c) with or without a denial of liability : and {d) with or without a notice of defence on the ground of tender before action brought. (3.) The prsecipe shall state whether the tender is made in respect of the whole of the claim or in respect of part only thereof, and if it is made in respect of part only of the claim, such pairt shall be specified in the praecipe. (4.) If the tender is made with costs, the praecipe shall specify what amount is paid in respect of the claim and what amount in respect of costs. (5.) If the tender is accompanied by a denial of liability, that fact shall be stated in the praecipe. 197 (6.) If the tendei* is accompanied by notice o£ defence on the Order ground of tender before action brought, notice of such defence shall be given in the prsecipe. [Rule 48i, May, 1899. J 75. The registrar shall, within twenty-four hours from the time of Notice of 1 . 1 Til payment any payment made into court pursuant to the precedmg rule, send to i^to court. the adverse party notice thereof, together with a copy of the praecipe porm 388. accompanying such payment. [Rule 48c, May, 1899. J 76. Within forty-eight hours of the receipt of notice of any Notice of such payment into court, the adverse party shall send to the registrar orrefection and to the party making the payment, or his solicitor, by post, or of tender, leave at the office of the registrar and at the residence or place Form 389. of business of such party, or the office of such solicitor, a notice stating whether he accepts or rejects the tender ; and if he fails to do so, he shall be deemed to have rejected it. [Rule 49a, May, 1899.] 77. Where a party accepts a tender in respect of the whole of his Acceptance claim, he shall, unless the tender is accompanied by notice of defence ^^ respe^c^ on the ground of tender before action brought, be entitled to take the of whole amount of such tender out of court, and shall be entitled to his costs of action ; and (a) if payment into court was made without costs, he shall be Costs. at liberty to tax his costs, and obtain and enforce an order for payment thereof ; (b) if payment into court was made with costs, he may either accept and take out of court the amount paid in respect of costs, or tax his costs and obtain and enforce an order for payment of the amount by which such costs when taxed exceed the amount paid in respect of costs ; but if the amount so paid exceeds the amount of such costs when taxed, the balance thereof, after payment of the taxed costs, shall be repaid to the party making the tender. [Rule 50a, May, 1899.] 78. Where a party accepts a tender in respect of part of his Acceptance claim only, he shall, unless the tender is accompanied by notice of fu respect defence on the ground of tender before action brought, be entitled «* P*^* of claim. 198 Order XXXIX. Costs. to his costs in respect of the amount so accepted up to the 'time of notice of acceptance ; but the amount so accepted shall not be paid out of court, nor shall such costs be taxed or payable, until the action is disposed of, and the court may order any costs awarded to the party making the tender to be set off against such amount and costs. [Rule 50b, May, 1899.] Acceptance of tender when accom- panied by defence of tender before action. Costs. 79. Where a party accepts a tender accompanied by notice of defence on the ground of tender before action brought, he shall not be entitled to take out of court the amount so accepted, nor to any costs, without the order of the court ; and the court may make such order as may be just as to the costs of either party, and as to the set off of any costs awarded to the party making the tender against the amount paid into court. [Rule 50c, May, 1899.] Where tender accom- panied by denial of liability is not accepted. Costs. 80. Where a tender is accompanied by a denial of liabiHty, and the adverse party does not give notice that he accepts the tender in accordance with Rule 76 of this Order, such party may nevertheless accept the tender (whether he has previously given notice of rejection or not) at any time before the action is called on and the case is opened, subject to the payment of any costs which may have been reasonably incurred by the party making the tender since the date of payment into court, and which may be allowed by the court. In any other case the money shall not be paid out until the action is disposed of ; and if the adverse party recovers less than the amount paid into court, the balance of such amount shall be repaid to the party making the tender, unless the court otherwise orders, and the court may order any costs awarded to such party to be set off against the amount recovered by the adverse party ; and if the party making the tender succeeds, the whole amount paid into court shall be repaid to him, unless the court otherwise orders. [Rule 50d, May, 1899.] Payment out of court to solicitor. Payment out of Court. 81, Money ordered in an Admiralty action to be paid out of court may be paid to the solicitor on the record, without the production of a power of attorney from the party entitled to receive the money, unless the judge otherwise orders. [Rule 51.] 199 82. Where more actions than one have been commenced against .^^^^ a vessel or any property, and the same has been sold, the proceeds thereof shall be retained in court to abide the decision of the court in Retainer of rT> 1 I- CI 1 moneys m the various actions, unless the judge otherwise orders. [Rule o2.J court where more than Appraisement. one action. 83. The registrar may, on the application of either party, Appraise- and whether before or after judgment, order any property under ment. arrest to be appraised, and the same allowances shall be made to the appraiser as are directed to be allowed by Rule 65 of this Order. [Rule 53.] Records of the Court. 84. The parties in an action, their solicitors, or the clerks of Inspection the solicitors, may while the action is pending, and for one year after its termination, inspect, free of charge, all the records in the action. [Rule 54. J 85. In a pending action no person other than the parties, their Who en- solicitors, or the clerks of the solicitors, shall be entitled to inspect inspection the records in the action without the permission of the court, during rT> 1 E- T pendency [Rule5o.] of action. 86. In an action which has been finally disposed of any person The like on ma,y, on delivering to the registrar a praecipe, and on payment of *?'^°^i^- the proper fee, inspect the records in the action. [Rule 56. j action. Copies. 87. Any person entitled to inspect any instrument or document Office in an action shall, on delivering to the registrar a praecipe, and on ^'^P'®^- payment of the proper charges for the same, be entitled to an office copy thereof. [Rule 57.J Assessors, 88. Any party requiring the judge at the trial or the registrar Payment on an assessment of damages to be assisted by assessors, shall deliver tSn^or °*" a praecipe to that effect, and shall at the time of delivering such assessors by party. 200 Order XXXIX. praecipe pay to the registrar the sum of one guinea for each assesspr if the amount claimed does not exceed one hundred pounds, and two guineas if it does exceed that amount, and such payments shall be considered as costs in the action, unless otherwise ordered by the judge. [Rule 58.J The like on 89. Where the judge or the registrar requires the assistance of menrof assessors, the fees in the last preceding rule mentioned shall be paid judge or by the plaintiff before the trial, and shall be costs in the action, unless otherwise ordered by the judge. [Eule 59. J Assessors' 90. Where the trial or reference is adjourned the plaintiff shall journment. P^J ^^^ assessors' fees for the day of adjournment forthwith after the order of adjournment is made by the judge or registrar, as the case may be. [Rule 60. J Selection and summon- ing of assessors. Form 393. Payment to assessors. 91. Upon the delivery of the pra?cipe in Rule 88 mentioned, or upon the requirement of the judge or registrar as in Rule 89 mentioned, the registrar shall select from the list of assessors the names of two persons whom he may, having reference to the nature of the action to be tried or of the reference to be determined, consider most capable of assisting the judge or registrar in trying and determining it, and shall send to each of such persons by post a summons according to the form in the Appendix. [Rule 61. J 92. The registrar shall " pay to every assessor for each day's attendance and service in every action or reference one guinea or two guineas, according as the amount claimed in the action does or does not exceed one hundred pounds. [Rule 62.] Party may admit lia- bility, ex- cept in salvage. Form 390. Admission of Liability. 93. The defendant in an Admiralty action may at any time after appearance, and the plaintiff may at any time after the filing of a counter-claim, admit liability in any action except for salvage. Such admission shall be by praecipe according to the form in the 7\ppen(iix, and shall be signed by the solicitor for the party, or if signed by the party in person, shall be attested by a solicitor. [Rule 63. j 201 94. The party filing such praecipe shall immediately give notice Order thereof to the other parties in the action, and after receipt of such notice no costs shall be allowed to any party served therewith in Notice . thereof, respect of the further prosecution of the action so far as regards the question of liability. [Rule Gl.j 95. The parties may, before trial, agree that the damages recover- Agreement able shall be assessed by the registrar with or without assessors, ^^g^t^of ^' [Rule 64.] damages by regis- trar. Assessment of Damages. 96. In all actions except salvage the judge may, instead of Judge may- giving judgment for any specified amount, give judgment settling the ^^^^ ^^_ rights of the parties, and order a reference to the registrar or to the in salvage. registrar and assessors as to the amount to be recovered, which amount Form 397. shall bear interest from such date as the registrar may allow at the rate of four per cent, per annum. [Rule 65. J 97. After an order has been made under the last preceding rule, or Claimant an admission of liability has been filed under Rule 93, the claimant *" ^. , shall within seven days file particulars of his claim, if not already and filed, and all original vouchers, and shall serve copies thereof on the adverse party. [Rule 66. j 98. Upon the application of either party the registrar shall fix a Registrar time and place for proceeding on the reference, and shall give at least j^^^g fo^"^ four days notice thereof to all parties ; and he shall summon an reference, assessor or assessors to be present thereat if so ordered. by the judge. Form 398. or required by either party or by himself. [Rule 67. J ssessors. 99. At the time appointed lor the reference, if either party be Registrar present, the reference may be proceeded with ; but the registrar ^^^ P^.°" may adjourn the reference fi:om time to time as he may think . fit. or adjourn [Rule 68.] reference. 100. Witnesses may be produced for examination on the reference ; Evidence or where a witness resides at a distance of not less than ten miles fi-om ^!;{„ ?,-,-, the registrar's ofiice, or in any other case by consent of the parties, voce or by evidence may be given on affidavit, subject to the right of the adverse 202 Order XXXIX. Crosa ex- amination on affi- davit. party to require the deponent to any such affidavit to attend the reference for cross-examination : Provided that the registrar may allow the costs of such attendance against the cross-examining party in the event of his considering that it was unnecessarily called for. [Rule 69.] Report by- registrar. Form 399. [Rule 70.] Form 400. Objection to report. Form 401. 101. As soon as possible after the conclusion of the reference the registrar shall report in writing according to the form in the Appendix, with such variations as may be necessary, what amount is found to be due in respect of every claim filed, particularizing in a schedule to such report each amount claimed and allowed, and what part of the costs of the reference (if any) shall be allowed, and to whom. He shall also immediately give notice to both parties that the report has been made, and may be inspected at his office ; and unless within seven days after the service of such notice as last aforesaid either party lodges an objection to the report, the same shall become final and binding on all parties, and judgment shall be entered accordingly. 102. Any party, intending to object to the registrar's report shall within the aforesaid period of seven days file with the registrar and give to the adverse party a notice of such intention. In such notice he may also ' request the registrar to state in writing the reasons of his decision, either as regards the whole of the same or as regards any particular items to be specified in the notice of objection. If a notice of objection is filed, judgment shall not be entered on the report until either the notice has been withdrawn or the matter disposed of by the judge. [Rule 71.] Registrar 103. Within seven days from the notice of the filing of a notice of reasons. objection to the report the registrar shall himself file a statement of his reasons as required by the notice ; and the report shall be brought up before the judge at the next sitting of the court to be held after the expiration of seven days from the filing by the registrar of such reasons. [Rule 72.] Appeal 104. On the matter coming before the judge a hearing shall take tra?s^^^^^" place by way of appeal from the report; and the judge may either report. vary or confirm such report, or refer the same back to the registrar* [Rule 73.] 203 with any such directions as may appear to him to be just, and may -^J?°^^ make such order as to the costs as he may think fit ; and on the matter being finally disposed of judgment shall be entered accordingly. Consent Orders. 105. Any consent in writing between the parties to an action or Orders by their solicitors may by permission of the court be filed, and shall thereupon become an order of the court, and such , order shall be as °^^ valid and may be enforced in the same manner as an order made by the court. [Rule 74. J Subpcenas. 106. A party shall be entitled to issue subpcenas ad testificandum Subpoenas and duces tecum under the seal of the court without inserting the j^fJed^in names of the witnesses. [E,ule 75. J blank. 107. Service o£ a subpoena may be efEected by any party to the Service in action or his solicitor or the agent of such solicitor, or by any ^? ^^ ^^ person employed by either of them, in any part of England or Wales. [Rule 76.1 Service of Notices and Orders. 108. After an appearance has been entered all necessary notices, service by orders, and other documents may be served by post when the party P^^*- appearing, or his solicitor, resides or carries on business at a distance of more than two miles fi-om the office of the party or solicitor serving the same. [Rule 77.J Costs. 109. The costs of all necessary correspondence in Admiralty actions Ccsts of shall be allowed by the registrar. [Rule 78. 1 necessary letters. 204 Order XXXIX. Costs of solicitor acting as agent out of the district. 110. When it becomes necessary to employ a solicitor to act as agent out of the district of the comt for the purpose of obtaining the evidence of witnesses on the trial of an action, a reference before the registrar, or the taxation of costs, or for any other necessary purpose, the costs of such agent and of instructing him shall be allowed by the registrar. [Rule 79. J Costs "where de- fence, &c., which should have been pleaded is allowed at trial. 111. Where any party is allowed at the trial or any adjournment thereof to avail himself of any defence, set off, or counterclaim of which notice should have been given before the trial, the judge in exercising his discretion as to costs shall consider what effect the non-delivery of such notice has had in the action. [New ; see County Court Eules, Order XXXIXb, Rule 47.] 112. In Admiralty actions where the amount recovered, or in the case of a defendant the amount claimed, does not exceed twenty Costs where less than 201. ^""^^ "" " ^^^^^^»,^v ux^^ ^^.^^^v ^l^.^^^, recovered pounds, the costs shall be allowed under column B., unless the judge otherwise orders. [Rule 80. J Power to allow ad- ditional costs in important cases. 113. Where the amount in dispute exceeds one hundred pounds, or the judge certifies that the action involved some novel or difficult point of law, or that the question litigated was of importance to some class or body of persons, reasonable costs and fees to counsel in increase of the costs and fees allowable by the scales in the Appendix in respect of the proceedings mentioned in those scales, and reasonable costs and fees to counsel in respect of proceedings properly taken or work properly done for which no provision is made by the scales, may be allowed at the discretion of the registrar, subject to review by the judge, or by special order of the judge. [New.] Application of Order to proceedings in Admiralty under 67 & 68 Vict. c. 60, and other Acte. Application of Order. 114. The provisions of this Order shall apply to proceedings instituted as Admiralty proceedings in any county court having Admiralty jurisdiction as to wages or salvage, or any other matter, under the Merchant Shipping Act, 1894, or any other Act under which Admiralty proceedings may be taken in the -court. [New.] 205 Order XL. ORDER XL. [Order XLa., Nov., 1900.] The Agricultural Holdings (England) Acts, 1883 to 1900, &c. Appoint- ^ ^ ' ' mentor change of 1. (1.) An application for the appointment or change of a guardian guardian. of an infant or person of unsound mind not so found by inquisition y^^^. ^ gj for the purposes of the Agricultural Holdings (England) Acts, 1883 s. 25. to 1900 (in this Order referred to as the said Acts), shall be intituled in the matter of the Acts and of the arbitration or intended arbitration, and shall be made in accordance with the rules for the time being in force as to interlocutory applications. (2.) Any such application shall be supported by affidavit, and Affidavit. accompanied by a written consent of the proposed guardian to act j'orms 50 as such. 51.] (3.) An application on behalf of an infant or person of unsound Applica- mind for the appointment of a guardian may be made ex parte. g^ parte. (4.) An application by any other person interested for the appoint- A.pplica- ment of a guardian of an infant or person of unsound mind shall be made ^^^^^ °^ . .... . . notice. to the judge on notice in writing ; and such notice, together with a [Conf. copy of the affidavit in support of the application, shall three clear days kk^kq-\ ' at least before the day in such notice named for hearing the application be served on the person with whom or under whose care such infant or person of unsound mind is residing, and also, in the case of an infant not residing with or under the care of his father or guardian, on the father or guardian (if any) of such infant : Provided that the registrar may dispense with such last-mentioned service. Ser^dce may be effected in accordance with the provisions of section twenty-eight of the Agricultural Holdings (England) 46 & 47 Act, 1883. IS"*""^^' (5.) An application for the removal or change of a guardian shall be made to the judge on notice in writing, which shall be served on the guardian proposed to be removed or changed, or his solicitor, in accordance with the last preceding paragraph. 206 Order XL. Applica- tion for order to state case. 63&64 Vict. c. 50. Sched. 2, Part 1, par. 9. Form 415. 46&47 Vict. c. 61. s. 28. 2. (1.) An application to the judge under the said Acts for an order directing an arbitrator to state in the form of a special case for the opinion of the court any question of law arising in the course of the arbitration shall be made in court on notice in writing, which shall be intituled in the matter of the Acts and of the arbitration, and shall state concisely the question of law which the applicant desires to be stated for the opinion of the court, and shall be supported by an affidavit setting forth the facts of the case and the question of law arising thereon. (2.) The application and affidavit shall be filed with the registrar, and shall be marked by the registrar with a reference number, and all subsequent proceedings shall bear the reference number. (3.) Copies of the application and affidavit shall be served by the applicant on the parties to the arbitration, and on the arbitrator, or on their respective solicitors (if any), ten clear days at least before the hearing of the application, unless the judge or registrar shall give leave for shorter service, in which case a copy of the order giving 'such leave shall be served with the copy of the application. Such service may be effected in accordance with the provisions of section twenty-eight of the Agricultural Holdings (England) Act, 1883 ; and service on any party who does not appear on the hearing of the application shall be proved before an order is made. (4.) Any affidavit intended to be used by any party in opposition to the application shall be filed and a copy thereof shall be served on the applicant or his solicitor four clear days at least before the hearing of the application, or, if leave has been given for short service of the notice of the apphcation, in such reasonable time before the hearing as the date of service of such notice will allow. (5.) A deponent to an affidavit shall on notice from the other side served in accordance with paragraph 3 attend the hearino- for cross-examination ; and witnesses may be orally examined on the hearing of the application in the same manner as on the hearing of an action. (6.) The order of the judge on the application shall be settled and signed by the registrar, and shall be sealed and filed, and signed copies thereof shall be serv ed on the arbitrator in accordancte with the 207 provisions of section twenty-eight of the Agricultural Holdings OrdbrXL, (England) Act, 1883, and on all other persons affected thereby in 45 & 47 accordance with Rule 7 of Order XXIII. ^^°*- *"• ^^- S. 40. 3. (1.) Where an arbitrator under the said Acts states in the form statement of a special case for the opinion of the court any question of law »* c^^®; arising in the course of the arbitration (whether on his own motion vict. c. 50. or in pursuance of a direction of the court to that effect), such p ,® , ' case shall be intituled in the matter of the Acts and of the par. 9. arbitration, and shall be divided into paragraphs numbered consecu- tively, and shall state concisely such facts and documents as may be necessary to enable the judge to decide the questions of law raised thereby. Upon the argument of such case the judge and the parties shall be at Hberty to refer to the whole contents of such documents, and the judge shall be at liberty to draw from the facts and documents stated in the case any inference, whether of fact or of law, which might have been drawn therefrom if proved at the hearing of an arbitration. (2.) Such special case shall be signed by the arbitrator, and may Signing be filed by the arbitrator or any of the parties to the arbitration with ^^ ^°^" the registrar, and a copy shall be filed therewith for the use of the judge ; and such case shall be marked by the registrar with a reference number, (which* where a case is stated in pursuance of a direction of the court to that effect, shall be the same as that on the application for such direction,) and all subsequent proceedings shall bear the reference number. (3.) On a case being filed the registrar shall transmit a copy Fixing day thereof to the judge, who shall, as soon as conveniently may be, °'" ^^''^'^^* appoint a day and hour for hearing the case, and instruct the registrar to give notice thereof forthwith to the parties. Such day shall be so fixed as to allow such notice to be given ten clear days at least before the day fixed for the hearing, unless the judge shall, with the consent of all parties, fix an earlier day ; and such Form 416. notices may be served in accordance with the provisions of section twenty-eight of the Agricultural Holdings (England) Act, 46 & 47 Vict. c. 61. 1^^^- s. 28. (.4.) The registrar shall, on the application and at the cost of any Copies of party, furnish him with a copy of the case. *'**®* 208 Order XL, Order on hearing. Form 417. Remitting case for re- statement. Applica- tion for removal of arbitrator, or to set aside award. 63&64 Vict. e. 50. Sched. 2. Parti, pars, 6, 13. Proceed- ings, how com- menced. Form 418. Particnlars and affidavit. (5.)- On the hearing of the case an order in accordance with the opinion of the judge shall be settled and signed by the registrar, and shall be sealed and filed, and signed copies thereof shall be served on all parties to the arbitration in accordance with Rule 7 of Order XXIII. ; and a signed copy thereof shall be sent in like manner to the arbitrator, for him to proceed in accordance with the opinion of the judge. (6.) The judge may remit the case to the arbitrator for re-statement or further statement. Copies for judge and i-espon- dents. 4. ( 1 . ) When application is made to the court under the said Acts for the removal of an arbitrator on the ground of his misconduct, or for an order setting aside an award on the ground of misconduct of the arbitrator, or on the ground that the arbitration or award has been improperly procured, the party making the application shall be called " the applicant " ; and all other parties to the arbitration, and the arbitrator, shall be made parties to the application, and shall be called " the respondents." (2.) Proceedings shall be commenced by filing an application, intituled in the matter of the Acts and of the arbitration, which shall be entered and numbered as a plaint. (3.) Particulars shall be appended or annexed to the application, containing («.) A concise statement of the relief or order which the applicant claims, and of the grounds on which the application is made : (b.) The full names and addresses of the respondent and of the applicant, and of his solicitor, if the proceedings are commenced through a solicitor : and the application shall be sujiported by an affidavit setting forth the circumstances in which and the grounds on which the application is made. (4.) The applicant shall deliver to the registrar with the application, particulars, and affidavit a copy thereof for the judge, and a copy for each respondent to be served ; and where the application is to set aside an award, the applicant shall file a copy of the award for the use of the judge. 209 (5.) On the filing of the application the registrar shall fix the Order hearing thereof before the judge for any court appointed to be held within twenty-eight days from the date of the application, but the Fixing day date of hearing shall be so fixed as to allow the copies of the appli- by regis- cation, particulars, and affidavit to be served on the respondents at ^^' least ten clear days before the date so fixed. (6.) If there is no such court available, the registrar shall send Fixing day notice of the application to the judge, who shall, as soon as con- of hearing veniently may be, appoint a day and place for the hearing of the ^7 j^idge, application. Such day shall be so fixed as to allow the copies of the application, particulars, and affidavit to be served on the respondents at least ten clear days before the date so fixed. The place of hearing shall be the place at which the court is held, or, if the judge so orders, any other convenient court of which he is judge. (7.) On the day for the hearing of the application being fixed, the Notice to registrar shall give or send by post notice in writing to the applicant, stating the place at which and the day and hour on and at which the ^^^ 420 application will be heard, and shall issue the copies of the application, particulars, and affidavit, under the seal of the court, for service on ftthe respondents, together with notices signed by the registrar him.self and under the seal' of the court, stating the place at which and the day and hour on and at which the application will be heard, and that if the respondents do not attend in person or by their solicitors such order will be made and proceedings taken as the judge may think just and expedient. (8.) The copies and notices mentioned in the last preceding Service paragraph shall be served on each respondent ten clear days at ^g^ts. ■ least before the day fixed for the hearing, unless such respondent, or his solicitor on his behalf, agrees to accept shorter service. (9.) Such copies and notices may be served — By -whom service (a.) By a bailiff of a court ; may be or, at the request of the applica,nt or his solicitor, (b.) By the applicant, or some clerk or servant in his permanent and exclusive employ ; or 8775 o eflEected. 210 Order XL. Mode of service. 46&47 Vict. c. 61. s. 28. Where service efifected otherwise than by bailife. ■ Form 37. Affidavits by re- spondents. Attend- ance for cross ex- amination. 46&47 Vict. c. 61. B. 28. Procedure on appli- cation. (c.) By the applicant's solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them. (10.) Service may be effected either in accordance vp^ith the rules as to service of default summonses, or by registered post in accordance v^rith the provisions of section twenty-eight of the Agricultural Holdings (England) Act, 1883. (11.) Where service is effected otherwise than by a bailiff, a copy of the document served, with the date and mode of service indorsed thereon, shall within three clear days next after the date of service, or such further time as may be allowed by the registrar of the court if'^'ing such document, be delivered or transmitted to such registrar by the applicant or his solicitor. The applicant or his solicitor shall also deliver or transmit to the registrar an afl&davit of the service of such document, according to the form in the Appendix, with such variations as the circumstances of the case may require. (12.) Any affidavit intended to be used by any respondent on the hearing of the application shall be filed and a copy thereof shall be served on the applicant or his solicitor four clear days at least before the hearing of the application, or, if short service of the notice of the application has been accepted, in such reasonable time before the hearings as the date of service will allow. (13.) A deponent to an affidavit shall on notice from the other side served in accordance with the provisions of section twenty-eight of the Agricultural Holdings (England) Act, 1883, attend the hearinff for cross examination ; and witnesses may be orally examined on the hearing of the applicatipn in the same manner as on the hearing of an action. (14.) Subject to the special provisions of this rule, the procedure on an application shall be the same as the procedure in an action commenced in the court by plaint and summons in the ordinary way, and determined by the judge without a jury ; and the statutory provisions and rules for the time being in force relating to such actions shall, with the necessary modifications, apply to such application accordingly ; and in the application of such provisions and rules the application shall be deemed to be a summons with particulars annexed 211 the day fixed for proceeding with the application shall be deemed to Order be the return day, and the applicant and respondents shall be deemed to be plaintiff and defendants respectively. (15.) The order of the judge on any application shall be settled Order and signed by the registrar, and shall be sealed and filed, and signed copies thereof shall be served on all persons affected thereby in accordance with Rule 7 of Order XXIII. ; and such order shall be enforceable in the same manner as a judgment or order of the court. (16.) Where the hearing is to take place at another court, the Where registrar of the cqurt in which the proceeding is pending shall forth- ^q tajj-^ with send notice to the registrar of such other court that the judge place in ° . . another has ordered the hearing to take place there ; and he shall, in sufficient court. time before the hearing, transmit the papers to the regisrtar of the court at which the heai-ing is to take place, who shall act at the hearing for such first-mentioned registrar, and shall, after the hearing, return the papers to him, with a minute of the order made ; and such order shall be settled, signed, sealed, filed, served, and proceeded on in the court in which the proceeding is pending, in like manner as if the hearing had taken place there. o. — (1.) An application to the registrar tiO tax the costs of and fP^^*/?" incidental to an arbitration and award under the said Acts shall be of costs of arbitration. made in writing, and shall state on whose behalf the application is ss & 64 Vict. made. Part l, par. 14. [Conf. Form 423.] (2.) On receipt of such application the registrar shall fix a place Notice of and time for proceeding with such taxation, and shall give or send j^^^^ ^^^ by post notice in writing to the applicant and to the parties whose taxation, costs are to be taxed, signed by the registrar himself and under the Form424.J seal of the court, stating the place, day, and hour at and on which the taxation will be proceeded with, and requiring the parties to attend and produce documents and be examined, and warning them that if they do not attend in person or by their solicitors such order will be made and proceedings taken as to the registrar shall seem fit. Such notices shall be given or sent four clear days at least before the day fixed for the taxation. 8776 2 211^ Order XL. (H.) On the completion of the taxation, or, in the case of review by the judge, after such review, the registrar shall give or send by post Certificate ^^ ga^jj pj^p(.„ j^ certificate of the result of the taxation, stating the amount at which the costs have been allowed. of taxation. Review of taxation by judge. 63 & 64 Vict. c. 50. Sched. 2, Part. 1, par. 14. Applica- tion for recovery of money awarded to be paid for comptosa- tion, i&c. 46&47 Vict. c. 61. 9.24; iSO & 51 Vict. c. 26. s. 17; 63&G4 Vict. c. 50. s. 2 (3). Form 421. 6. An application to the judge to review any taxation by the registrar shall be made on notice in wn'ting in accordance with the rules for the time being in force as to interlocutory applications. 7. (1.) An application to the judge under the said Acts, or the Allotments and Cottage Gardens Compensation for Crops Act, 1887, for an order that money awarded to be paid for compensation, costs, or otherwise, 'shall ba recoverable as money ordered by a county court under its ordinary jurisdiction to be paid is recoverable, shall be made in court on notice in writing, which shall be intituled in the matter of the Acts and of the arbitration ; and on filing the applica- tion the applicant shall produce to the registrar the original award (or a duplicate thereof) and shall file a copy thereof, together with an atfldavit intituled as above, verifying both the original and the "copy award, and the amount remaining due thereunder. (2.) Where the application is for the recovery of or includes the recovery of any money awarded to be paid for costs, the affidavit shall state the amount at which such costs have been agreed upon or allowed on taxation, and that a demand for payment of such amount, with, in the case of taxation, a copy of the certificate of the result of the taxation, has been served on the party against whom the applica- tion is made fourteen days at least before the date of the application. Service of such demand may be effected in accordance with the provisions of section twenty-eight of the Agricultural Holdings (England) Act, 1888. (3.) The application shall not be numbered as a plaint, but shall be marked by the registrar with a reference number as. a commence- ment of proceedings, and all subsequent proceedings shall bear the reference number. (4.) A copy of the application and aft! davit shall be served on the party against whom the application is made, and proof of such 213 service shall be made, in accordance with paragraph 3 of Rule 2 Obdbr of this Order ; and the provisions of paragraphs 4 and 5 of the last-mentioned rule shall apply to proceedings on an application under this rule. (5.) The order of the judge on the application shall be settled and Form 422. signed by the registrar, and shall be sealed and filed, and signed copies thereof shall be served on all persons affected thereby in accordance with Rule 7 of Order XXIII.; and such order shall be enforceable in the same manner as a judgment or order of the court. 8. Proceedinffs for the recovery of money agreed to be paid for Proceedings ■ T T ■-, for recovery compensation, costs, or otherwise, under the said Acts, or the Allot- of money ^^ agreed to be ment and Cottage Gardens Compensation for CroT)S Act, 1887, or for paid under 1 ■■ n -,■ -, ■ r • ^ T A • n , 46 & 47 Vict. the settlement oi a dispute under section lorty-six oi the Agricultural w 6i. s. 24 ; Holdings (England) Act, 1883, shall be by action commenced by o. 26. s. i7 ; plaint and summons in the ordinary way. Particulars of demand c. 50. s 2 (3)' shall be filed in any such action, stating concisely the nature of the ment of dis- claim or dispute, and the relief or order which the plaintiff claims. fg fe^y^vfrt. c. 61. s. 46. ORDER XLI. Order XLI. [Order XLIa., Nov., 1900.J The Friendly Societies Acts. The Building Societies Acts. The Industrial and Provident Societies Act, 1893. The Literary and Scientific Institutions Act, 1854. Winding- up OE Building and Industrial Societies. 1. Any dispute referred to the court under the Friendly Societies Disputes Act, 1875, the Friendly Societies Act, 1896, the Collecting Societies Friendly and Industrial Assurance Companies Act, 1896, the Industrial and other Acts. Provident Societies Act, 1893, the Building Societies Act, 1874, or ^ go. ' '"" the Literary and Scientific Institutions Act, 1854 (in this Order ^^,^i^^^'^' referred to as the said Acts), shall be so referred by plaint and o.^l"^"'*' • .1 J- « 87 & 38 Vict. summons m the ordinary way. o. 42. 17 &'l8 Vict. 0. 112. 2. In proceedings commenced pursuant to the last preceding rule, parties, the claiming or aggrieved member (or other person) shall be plaintiff, and the society, either in its own name, or in the name of such persons 214 bntiEti as are authorised by the said Acts respectively to be sued on behalf '. of the society, shall be defendants. Particu- lars. Proceed- ings for enforce- ment of decisions oii disputes given otherwise thari by the court, or of awards. Applica- tion for relief on amalgama- tion, trans- fer of en- gagements, or dissolu- tion of friendly society or branch. 38&39 Vict. c. GO. 59&60 Vict. c. 25. Applica- tion against offlcer of friendly society. 38&39 Vict. e. 60. 8.30. 5'J & 60 Vict. c. 25. s. 55. 3. Particulars of demand shall be filed in all cases of disputes under the said Acts, stating concisely the nature of the dispute referred, and the rehef or order which the plaintiff claims. 4. An application under any of the said Acts for the enforcement of a decision on a dispute given by any authority other than the court, or for the enforcement of an award, shall be commenced by plaint and summons in the ordinary way, in which the party to the dispute or award entitled or claiming to be entitled to the benefit of such decision or award shall be plaintiff, and the party against whom such decision or award is given shall be defendant. 1 Particulars of demand shall be filed with every such application, stating concisely the relief or order which the plaintiff claims. 5. An application for relief or other order under the Friendly Societies Act, 1875, or the Friendly Societies Act, 1896, by any ])erson dissatisfied with the provision made for satisfying his claim in the case of the amalgamation, transfer of engagements, or dissolution of any society or branch, shall be made by plaint and summons in the ordinary way, in which the person so dissatisfied shall be plaintiff, and the society or branch, either in its own name or in the name of such persons as are authorised by the said Acts respectively to be sued on behalf of the society or branch, shall be defendants. Particulars of demand shall be filed on every such application, stating concisely the relief or other order which the plaintiff claims. 6. An application to the court by the trustees or authorised officers of a friendly society in respect of any of the matters mentioned in section twenty of the Friendly Societies Act, 1875, or section fifty- five of the Friendly Societies Act, 1896, shall, whether any bond be put in suit or not^ be by action commenced by plaint and siunmons in the 'ordinary way, in which the society or the trustees or authorised officers thereof shall be plaintiffs, and the person against whom the application is made shall be defendant. Applica- 7. An application to the court under the Buildmg Societies Act, oEf of* ^^''^' °^ *^® Industrial and Provident Societies Act, 1893, against an 215 officer of any society shall, whether any bond be put in suit or not, Order be by action commenced by plaint and summons in the ordinary way, ' in which the society shall be plaintiffs, and the officer against whom building or the application is made shall be defendant. society. 37 & 38 Vict. c. 42. 56 & 57 Vict. c. 39. 8. Particulars of demand shall be filed in all actions commenced Particulars pursuant to Rules 6 and 7 of this Order. Rules 6 and 7. 9. [f the application is made by action without putting the bond in Where suit, the particulars shall state shortly the nature of the thing required i^ guit. to be done or the neglect comp'ained of. 10. If the thing required to be done be the delivering up of any Whei-e|)ro- property, the particulars shall contain a description of the property required required to be given up. to be ^ & f delivered up. 11. Proceedings to set aside the dissolution of an} society or branch Proceed- under any of the said Acts shall be commenced by plaint and summons igf^g^igt in the ordinary way, in which the person seeking to set aside such solution of dissolution shall be plaintiff, and the society or branch, either in its ]t)ranch. own name or in the name of such persons as are authorised by the 59 & 60 said Acts respectively to be sued on behalf of the society or branch, g. 79 ((^). shall be defendants. Particulars of demand shall be filed in such Or^^^^nr. . . Vict. 9. 69. proceedings, stating concisely the relief or order which the plaintiff s. 61 (e). claims. 12. The provisions of the Companies Acts, ,18 62 to 1900, and the Winding- rules made thereunder, so far as they relate to winding-up, shall apply ?P.?;. to the winding-up of societies registered under the Building Societies and indus- Act, 1874, and the Acts amending the same, or under the Industrial ppoyj^nt and Provident Societies Act, 1893 ; and the winding-up of any such societies, societies shall be conducted in all respects as if such societies were companies registered under any of the said Companies Acts. Costs siiall be taxed according to the scale of costs for the time being in use in the Stiprerae Court. 21 G OUDBR XLII. ORDER XLII. The Succession Duty Act, 1853, Section 50. Act, 1894, Sections 10 and 14. The Finance Appeals under 16 & 17 Vict, c. 51. s. 50. [New.] 1. An appeal against any assessment of the Commissioners under section fifty of the Succession Duty Act, 1853, shall be by petition intituled in the matter of the Succession Duty Act, 1853, and the Acts amending the same, and in the matter of the particular succession ; and Rules 5 to 9 and 11 of this Order shall apply to the service of and proceedings on such petition. [New.] Delivery of 2. Any aggrieved person within the meaning of section ten, sub- oiezo^dBot section (1) of the Finance Act, 1894, who desires to appeal to the 57 & 58 Vict, court Under sub-section (5) in any of the cases mentioned in the ''' ■*■ ' said sub-section (1), shall, within one month from the date of the notification to him or his solicitor of the decision or claim of the Commissioners, deliver to them a written statement of the grounds of such appeal. The statement shall state specifically the several grounds upon which the appellant contends that the decision or claim of the Commissioners was erroneous, and if he contends that the value put upon any property by the Commissioners is excessive, he shall therein identify such property, and state the valuQ which he contends should be put upon the same. [Order XXXVIIIa., Rule l.J fteply thereto. 3. The Commissioners shall, within one month from the delivery to them of the statement of the grounds of appeal, notify to the appellant or his solicitor whether they have withdrawn the decision or claim appealed against, or have determined to maintain the same either in whole or in part. [Rule 2.j Appeal by petition. 4. At any time thereafter, not exceeding one month from the date of the notification by the Commissioners of their determination to maintain their decision or claim, either in whole or in part the appellant may proceed with his appeal by filing a petition. [Rule 3.1 217 5. Such petition shall be intituled " In the matter of the Finance ^^Pf^ " Act, 1894, and in the matter of the Estate Duty on the property ' " passing on the death of , Title and ^ ° . service of " late of , deceased," and a copy thereof, with a petition. notice of the day and hour on which the pfetltion will be heard, shall be served on the Commissioners in accordance with liules 3 and 4 of Order XXXVIII. [Rule 4.] 6. Subject to the pro^dsions of these rules, the appellant shall not Limitation in his petition state or at the hearing be allowed to rely upon any "^ fppeal ^ grounds of appeal not specifically set forth in the statement of the grounds of appeal. [Rule 5. J 7. Unless by consent, or otherwise ordered, only oral evidence shall Oral be admitted at the hearing. [Rule 6. J evidence. 8. The Crown shall have the same right as an ordinary suitor of Interroga- administering interrogatories and of obtaining discovery and inspection °''^®^' *'• of documents. [Rule 7.] 9. The judge may, at any time before or at the hearing, allow the Amend- appellant to amend his petition, upon such terms as the judge may ment. think right. [Rule 8. J 10. An application for leave to bring an appeal without payment Applica- or on part payment only of the duty, under the provisions of sub- f'^^ *"'" section (4) of section ten of the Finance Act, 1894, shall be made to appeal the judge in accordance with the rules as to interlocutory applications, "^^*^°°* subject to the following modifications : — duty. [Rule 9.] (1) the application shall be made on notice in writing, and on affidavit ; (2) the appellant shall serve notice of the application on the Commissioners three clear days at least before the day of the hearing of the application, and shall deliver to the Commissioners, with such notice, a copy of any affidavit which he intends to use at the hearing of the application. 218 Order h ^here the judge makes an order upon a petition tinder this Order, the registrar shall, as soon thereafter as conveniently may be, Order on draw up, seal, and file such order. [Eule lO.j Proceed- ings for determina- tion of dis- putes under 57 & 58 Vict. c. 30. s. 14. 12. Proceedings for the determination of a dispute as to the proportion of estate duty to be borne by any property or person under section fourteen of the Finance Act, 1 894, shall be commenced by plaint and summons in the ordinary way, in which the person claiming t(j recover the amount in dispute shall be plaintiff, and the person resisting such payment shall be defendant. Particulars of demand shall be filed in every such proceeding, stating concisely the nature of the dispute, and the relief or order which the plaintiff claims. [Rule 11, Nov., 1900. J Order XLIII. Applica- tion for taxation of costs of election. 38 & 39 Vict. c. 84. 51 & 52 Vict. c. 41. s. 75, sub- 8.19. Form 423. Notice of place and time for taxation. Form 424. ORDER XLIII. Taxation of Charges of RETURNrNG Officers. The Parlia- mentary Elections (Returning Officers) Act, 1875. The Local Government Act, 1888, Section 75, Subs. 19. 1 . An application to the sourt to tax the charges of any returning officer in respect of any election, under the Parliamentary Elections (Returning Officers) Act, 1875, or any Act applying to the said Act, or under any other Act providing for the taxation by the court of costs of elections, shall be made in writing according to the form in the Appendix, and shall state on whose behalf the application is made, and shall contain a submission on the part of the applicant to pay what shall be found to be due on taxation. [Order XXXVIIIb., Rule 1, April, 1895. J 2. On receipt of such application the court shall fix a place and time for proceeding with such taxation, and the registrar shall issue to the bailiff for service on the applicant and the officer whose account is to be taxed a notice according to the form in the. Appendix, signed by the registrar himself, and under the seal of the court, stating the place, day, and hour at arid on which the taxation will be proceeded with, and requiring the parties to attend and produce documents and be examined, and warning them that if they do not attend in person or by their solicitors such order will be made and such proceedings taken as to the court shall seem just. [Rule 2.] 219 3. Where applieation is made for taxation of the charges of a ^^^?? returning officer, and such officer applies to the court to examine any claim transmitted to him by any person pursuant to section five of Applica- the Parliamentary Elections (Returning Officers) Act, 1875, or any examina- Act applying the said section, such application shall be in writing *j^? °^ according to the form in the Appendix, and shall contain a submission transmitted on the part of the applicant to pay what shall be found due on j^J q^^^^ examination. [Rule 3.] 38 & 39 ■■ Vict. c. 84. s. 5. Form 426. 4. On receipt of any such application the court shall fix a place Notice of and time for such examination, which shall take place before the pj^^g f^p taxation of the charges of the returning officer is concluded, and such exami- taxation shall, if necessary, be adjourned until such examination has been completed. The registrar shall issue to the bailiff for service on the returning officer and the person by whom the claim was transmitted to the returning officer a notice according to the form in Form 427. the Appendix, signed by the registrar himself, and under the seal of the court, stating the place, day, and hour at and on which such examination will be proceeded with, and requiring the parties to attend and produce documents and be examined, and warning them that if they do not attend in person or by their solicitors such order will be made and such proceedings taken as to the court shall seem just. [Rule 4.j 5. The bailiff shall serve all copies of such notices as hereinbefore Service of mentioned ten clear days at least before the day fixed for any iiotices. taxation or examination. [Rule 5, altered.] 6. Unless by consent, or otherwise ordered, oral evidence only shall Evidence be admitted on such taxation or examination. [Rule 6. j *° ^® °^'^^' 7. The order made on any taxation qr examination shall determine Order on the amount j)ayable to or by the returning officer, and shall contain ex^^^^'a-"*" directions as to fees and costs, and as to the addition to the sum tibn of allowed fo any pai-ty of any costs adjudged to bfe" paid to him, or the set-off against such sum of any costs adjudged to be paid by him, and as to the payment of the balance ascertained to be due frord any party to any other, arid the application of any sum deposited by any party to the procefeding with the returning officer as security for his charges, 220 OUDBR XLIII. Forms 425, 428. Certificate under 49 & 50 Vict. c. 57. s. 1. Form 429. Order XLIV. Time for issue and service of summona. 43&44 Vict. c. 42. or advanced to the returning officer on account of his charges ; and such order shall be according to such of the forms in the Appendix as shall be applicable to the case, with such variations as circumstances may require. [Rule 7.J 8. The certificate to be delivered under section one of the Parli- mentary Elections (Returning Officers) Act, 1875, Amendment Act, 1886, shall be according to thei form in the Appendix. [New. j ORDER XLIV. The Employers Liability" Act, 1880. Service of Summons. 1. A summons in an action brought under the Employers Liability Act, 1880, shall in order to ensure its service be delivered, to the bailiff, where it is to be served in the home district . thirty-five clear days at least, and where it is to be served in a foreign district thirty- eight clear days at least before the return day, and shall in either case be served thirty clear days at least before the return day thereof. [Order XLIV., Rule 1, amended May, 1899. j 2. Particulars of demand shall be filed by the plaintiff at the time of the entry of the plaint, whatever the amount claimed may be ; and a copy thereof shall be forthwith sent to the judge. [Rule 2. J 3. The particulars of demand shall state in ordinary language the cause of the injury, and the date at which it was sustained, and the amount of compensation claimed, and where the action is brought by more than one plaintiff, the amount of compensation claimed by each plaintiff" ; and where the injury of which the plaintiff complains is alleged to have arisen by reason of the act or omission of any person in the service of the defendant, the particulars shall give the name and description of such person. [Rule 3. J Jury, Notice of 4. Notice o£ demand for a jury shall be given in writing to the for jurv. registrar, according to the form in the Appendix, fifteen clear days Forms 142, at least before the return day, and the registrar shall forthwith give notice thereof to the other party, according to the form in the Appendix ; and the summonses to the intended jurors shall be delivered to the bailiff forthwith. [Rule 4. J Particulars to be filed. What par- ticulars of demand shall state. 221 Assessors. XUv' 5. Any person who shall, as herein-after provided, be appointed Qnaiifica- by the iud^e to act as an assessor in any action, shall be qualified so tion of •^ •> o J 1 1 assessors. to act. [Rule 5.] 6. Where no demand for a jury has been made, a party who How asses- desires assessors to be appointed shall, ten clear days at least before ^g applied the return day, file an application according to the form in the *o^- Appendix, stating the number of assessors he proposes to be appointed, Form 136. and the names, addresses, and occupations of the persons who may [Rule 6.] have expressed their willingness in writing to act as assessors. If the applicant has obtained the consent of the other party to the persons named being appointed, he shall file such consent with his application. 7. Where an application for the appointment of assessors is made Applica- by only one party to an action, the registrar shall forthwith cause -^j ^ne to be served on the other party notice of the application according to V^'>^^J o°ly the form in the Appendix, and the party so served shall as soon as forwarded may be after the receipt of the notice . *° ^^^ other •^ ': • party. (1) inform the registrar in T\Titing whether or not he accepts the Form 138. a]Dpointment of the assessors proposed in such notice, or any [Rule 7, <■ . 1 J revised ; or them ; and see Order (2) if he objects to any of the persons proposed, state in writing jj^^gg the reasons for such objection ; and 9, 10.] (3) if he desires any other assessors to be appointed, file an applica- tion for such appointment in accordance with Rule 6 of this Order. 8. Where separate applications are filed by the parties, no objection Where to the persons proposed shall be made by either party, but the judge parties may appoint fi"om the persons named in each application one or more propose assessors, provided that the same number of assessors be appointed from the names given in such applications respectively. [Rule 8. J 9. The applications for the appointment of assessors, together with Applica- anv obiections made to the persons proposed, shall be forwarded by ^^°^^ ^° ^^ . 1 • J r-ri T n forwarded the registrar to the judge. [Rule 9. J to judge. 222 Order XLIV. Appoint- ment of assessors by judge. Summon- ing oE assessors. Refusal to appoint. Form 137. Form 141. Judge, whether application made or not, may appoint assessors. Form 137. 10. Where the judge grants an application for the appointment of assessors, he shall appoint such of the persons proposed for assessors as he may think fit, subject to the provisions contained in this Order, and return the applications with such appointment to the registrar, and thereupon the registrar shall forthwith summon the assessors named. If the judge does not think fit that assessors shall be summoned, notice thereof shall be given by the registrar to all parties according to the form in the Appendix. [Rule 10, revised.] 11 In any action where no demand for a jury has been made, and an application for the appointment of assessors has been filed, the judge may, either before or on the return day, nominate one or more additional persons to act as assessor or assessors in the action. Where no application for assessors has been made, the judge may, if he thinks fit, appoint any one or more persons to act as assessors in the action before or on the return day. Any persons appointed under this rule shall be summoned by the registrar. [Rule 11, revised.] Where assessors fail to attend. 12. If at the time and place appointed for the trial all or any of the assessors appointed do not attend, the judge may either proceed to try the action with the assistance of such of the assessors, if any, as attend, or he may adjourn the trial generally, or upon any terms which he may think fit ;. or he may appoint any person who may be available and who is willing to act, and who is not objected to, or who is objected to on some insufficient ground ; or the judge may try the action without assessors if he thinks fit. [Rule 12,] Eemunera- 13. Every person nominated as an assessor shall receive for each tion ot day's attendance in every action the sum of two guineas, together with such further sum, if any, for his expenses, as the judge may order. [Rule 13.] Deposit of 1^- Every person applying for the appointment of assessors remunera- ^^laW at the time of filing his application deposit with the registrar application the sum of two guineas for each assessor proposed, and such pay- for asses- ments shall be considered as costs in the action, unless otherwise sors. ordered by the judge. Provided that where a person proposed as an 223 assessor has In writing informed the registrar that he does not ^^°y^ require his remuneration to be so deposited, no deposit in respect of . such person shall be required. Where an action is adjourned, the Fees on ad- party at whose instance any assessor has been summoned shall pay such assessor's fee for the day of adjournment forthwith after the order of adjournment is made [Rule 14, revised J 15. Where an action is tried by the judge with the assistance Remunem- of any assessors in addition to or independently of any assessors ggggors not proposed by the parties, the remuneration of such assessors shall be proposed borne by the parties or either of them as the judge shall direct, parties bnt [Rule 15.1 appointed by judge. 16. If after an assessor has been appointed, and before the day of Allowance trial the registrar 'is satisfied that the action has been settled or to assessor . • 1 / 1 • 1 when ser- that the services of such assessor are not required, he shall forthwith vices not countermand the attendance of such assessor, and pay to him one half required. of the fees paid for his attendance. The other half, less the cost of telegrams and postages, shall be returned by the registrar to the person by whom the fees were paid. [Rule 16a, Feb., 1892. J 17. The assessors shall sit in court with the judge, and assist him Assessors when required with their opinion and special knowledge for the purpose j^^^^,^^ of ascertaining the amount of compensation, if any, which the plaintiff is entitled to recover. [Rule 17.] Judgment where several plainti^s. 18. W^here two or more persons are joined as plaintiffs under Where Order III., Rule 1 , and the negligence, act, or omission which is the ^ff'^^+S cause of action is proved, the judgment shall be for all the plaintiffs, one, com- but the amount of the sum awarded for damages and the costs ordered §ueTo each to be paid to each plaintiff shall be found and set forth separately to be found in the judgment, and the amount of costs awarded in the action shall ^" be ordered to be paid to. such person and in such manner as the judge may think fit. [Rule 18.j 19. If the defendant fails to pay the several amounts of com- Execution pensation and the costs awarded in the action, execution against his !.°„^^*^ j goods may issue as in an ordinary action ; and if the proceeds of the apportion- ment of 224 Order XLIV. Bum realized. execution are insuffioient, after deducting all costs, to pay the whole of the amounts av?arde(|, such proceeds shall, after the deduction of all the costs of the action as aforesaid, be apportioned between the ^veral plaintiffs in pr©portion to the amount^ awarded to them respectively. [Rule 19.'] Order XLV. Proof that judgment is not satisfied. 45&46 Vict. c. 31. ORDER XLV. The Inferior Courts Judgments Extension Act, 1882. 1. Where, under section three of the Inferior Courts Judgments Extension Act, 1882, application is made for the grant of a certificate of a judgment, proof that the judgment has not been satisfied and of the amount remaining unsatisfied shall be given to the satisfaction of the riegistrar, by affidavit if required. [Order XLV., Rule 1 ; words as to fees omitted.] When 2. If the judgment is for payment within a period therein mentioned ''h'^Tl ^t^ or by instalments, and such period has not expired or default be granted, has not been made in payment of some instalment, the certificate shall not be granted. [Rule 2.] Names, &c., 3. The names, businesses or occupations, and addresses of the parties to be set forth in the certificate shall be those set forth in the books of the court. [Rule 3-] to be set forth in certificate. Indorse- 4. The registrar shall indorse on the certificate the number of the ^rtificTe P^*^^* ^^^ *^® amount remaining due on the judgment, according to Form 430. *^® books of the court, and after his signature shall add to the certificate the date on which it is granted. [Rule 4.] Recordand 5. Where a Certificate of a judgment is granted by a registrar, he efl:ectof ghall make on the minute of the judgment a memorandum of having certificate, granted such certificate, and thenceforth no further proceeding shall be taken or had upon such judgment in the same court, until the judge or registrar, upon being satisfied that the execution issued in the 225 court in which the certificate was registered was unproductive, shall Order .order that the judgment may be acted on as if such certificate had not ' been granted. [Rule 5.J 6. There shall be allowed to a solicitor for the costs of obtaining Gusts of the certificate five shillings, and where an affidavit is required, seven pp^^igg"£ shillings. [Rule 6. J 7. The costs, if any, allowed, with the addition of the fee to be indorse- paid for the granting of the certificate, shall be indorsed on the °^®^* *** certificate by the officer granting the same ; which indorsement allowed on shall be an authority for the registrar of the court in which the ^^''tificate. certificate is registered to add the said costs and fee to the amount ;"to be recovered by execution against the goods and chattels of the person against whom the judgment has been obtained. [Rule 7. J 8. The person presenting a certificate for registration shall add to Onpresent- his note of presentation, to be appended to the certificate, a description ingceft-ti- of the place within the district of the court in which the goods registra- and chattels of the person against whom the judgment has been *'°J^ ^r\^a ' obtained are, and shall also present a copy thereof, with the indorsement thereon, written on foolscap paper. [Rule 8 ; words as to fees omitted.] 9. On the presentation of a certificate for registration, with a copy Registrar as aforesaid, the registrar shall, if the place within which the goods- *^°^.^^ and chattels of the person against whom the judgment has been obtained are stated to be is within the district of the court of which he is the registrar, seal the certificate and register the same by pasting it into the then current Minute Book of the Court, on or about the last page of such book, and shall seal and date the copy of the certificate and return it to the person presenting the certificate. [Rule 9. J 10. There shall be allowed to a solicitor for the cost of registering a Cost of certificate the sum of five shillings, which, with the fee for registration ^?^^ ""^^ and the costs, if any, allowed for granting the certificate as shown by 8776 r 226 Order XLV. the indorsement thereon, shall be added to the amount to be recovered. The warrant of execution shall be according to the form Jormm ^" *^® Appendix. [Rule lO.J No money H- No money shall be paid out of court without production of to be paid ^^^ gealed copy of the certificate. Provided that, in the event of such out except ^"^ i i n n • - on produc- copy being lost or destroyed, another copy may be sealed and given. to 1 ^ *^^ proper person, upon proof by" affidavit or otherwise to the copy. satisfaction of the registrar that the person applying is the proper person, and that he is entitled to the moneys recovered on the judgment, and upon payment of the fee of one shilling. [Rule 11. J Order XLVI. ORDER XLVI. The Married Women's Property Act, 1882. 1. An application to the court for the appointment of a trustee or new trustee under section eleven of the Married Women's Property Act, 1882, shall be made by petition, and the same procedure shall 45&46 Vict. c. 75. s. n. be followed and costs allowed as on any other petition to the court, regard being had to the amount of the subject matter of the " petition. [New.] Summons and parti - culars on application under 45 & 46 Vict.' , c. 75. s. 17: Form 433. Costs. 2. Where application is made under section seventeen of the Married Women's Property Act, 1882, particulars of the question to be submitted to the decision of the court shall be filed, and thereupon a summons shall be issued according to the form in the Appendix, and the same fee shall be taken as upon the entry of a plaint. All subsequent proceedings shall be had as if the proceeding had been commenced by the entry of a plaint, and the proceeding shall be deemed to be a plaint : and the judge shall direct upon what scale the costs of the proceedings shall be taxed. [Order XLVI,, Rules 1 & 2.1 Order XLVII. ORDER XLVII. [Order XLVILJ The Guardianship of Infants Act, 1886. Petition^, ]. An application under the Guardianship of Infants Act, 1886, Vict. c. 27. sball be made by petition. 227 2. A petition under section two of the said Act may be filed by any ^^°^^ next friend of the infant, and shall be served upon the mother of the _:_ ' infant. Under s. 2. 3. A petition under section three, sub-section two, of the said Act Under s. 3 tpay be filed by any next friend of the infant, and shall be served j^^g^^^* upon the &ther of the infant. 4. A petition under section three, sub-section three, of the said Act Under s. 3 may be filed by any guardian of the infant, and shall be served upon ^fg^^]^*''' the other guardian or guardians. 5. A petition under section five of the said Act filed by the mother Under s. 5 of any infant shall be served upon the father of the infant, or, if he be ^ °^° ^^' dead, upon the guardian or guardians of the infant, if any such there be, other than the mother. 6. A petition under section five of the said Act filed by the father Under s. 5 of any infant shall be served upon the mother of the infant, or, if she ^^ father, be deadj upon the guardian or guardians of the infant, if any such there be, other than the father. 7. A petition under section five of the said Act filed by any Under s. 5 guardian of an infant, other- than a parent, shall be served upon ^y giar- the other guardian or guardians of the infant, if any such there be, other than a surviving parent, and also upon the surviving parent, if any. 8. The jtidge miay direct such persons, other than those above Service by mentioned, to be served with the petition as he miay think fit order of judge. 9. A petition for the appointment of a guardian of an infant shall -w^hat peti- show *^*^^ niust show. The age of the infant ; the nature and amount of the infant's fortune and income ; and what relations the infant has. 10. On a petition under the said Act the same procedure shall be Procedure followed and costs allowed as on any other petition to the court, ^^^ costs, regard being had to the amoimt of the property of the infant. [New.j 8776 p 2 228 Obdeb XLVIII. ORDER XLVIII. [Order XLVIII.J Charitable Trusts. Record. Form 437 Proceed- ings by private persons; Proceed- ings by Attomey General. 1. The registrar of every court shall keep a book, to be called " The Charitable Trusts Book," in which all proceedings taken in that court in matters of charitable trusts shall be recorded according to the form in the Appendix. 2. Where any person has obtained, the required order or certificate from the Charity Commissioners, and is desirous of taking proceedings in the court, he shall produce such order or certificate to the registrar, who shall retain and file the same in numerical order in his office ; and the party producing such order or certificate shall be deemed to be the plaintiff in such proceedings, and the parties summoned under Rule 4 of tfiis Order shall be deemed to be the defendants. 3. When the Attorney General proposes to take proceedings in the court, he shall cause to be delivered or transmitted to the registrar a written statement showing the nature and object of the proposed proceedings, and the registrar shall retain and file such statement in numerical order in his office ; and the Attorney General shall in such proceedings be deemed to be the plaintiff, and the parties summoned under Rule 4 of this Order shall be deemed to be the defendants. 4. Upon the production of any order, certificate, or statement in this Order before mentioned, the registrar shall at the instance of the plaintiff prepare a summons thereon according to the form in the Appendix, in which shall be stated the substance of the, order, certificate, or statement, and he shall make as many copies thereof as there are parties required by the plaintiff, in writing, to be summoned, and two additional copies, the one to be filed in his office, and the other to be transmitted to the Charity Commissioners. Notice to 0. The registrar, if required by the plaintiff, shall prepare a notice attend pro- ^q attend proceedings, according to the form in the Appendix, to be served on any persons indicated by the plaintiff in writing besides Summons. Form 434. 229 those summoned under the last preceding rule ; and the registrar Obpbr shall make as many copies thereof as there are persons to whom such notice is to be given, and two additional copies, one to be Form 435. filed in his office, and the other to be transmitted to the Charity Commissioners. 6. The registrar shall forthwith transmit by post prepaid a copy Service of of the summons to each of the parties required to appear, and a s^niu'ions '^ -^ rr ; g^^^ notice copy of the notice to attend proceedings to each of the persons to attend, indicated by the plaintiff, and such transmission shall be sufficient service, unless the judge in any case otherwise directs. 7. Where the plaintiff does not require any summons or notice Notice of to attend proceedings to be issued, the registrar shall prepare a '^®f'"°S notice of hearing, according to the form in the Appendix, and two summons additional copies thereof, one to be filed in his office, and the other ^ attend to be transmitted to the Charity Commissioners, and shall either issfted. deliver such notice to the plaintiff, or cause it to be served on him Form 436. by prepaid post letter, unless the judge in any case otherwise directs. 8. In all cases it shall be competent for the registrar, if required Summons by the plaintiff, to summon some persons, and to serve others with f°^r ^°*^*'^^ either or both of the said notices ; or to serve a notice of hearing in certain on the plaintiff, and a notice to attend proceedings on any other person. 9. In all cases it shall be competent for the judge to direct what Service by persons or additional- persons shall be served with a summons or ?^^®^ °* notice to attend proceedings or notice of hearing. 10. Upon the requisition of the Charity Commi«sioners, the registrar Transmis- shall transmit to them at their office, by post or otherwise, a copy sion of of the judge's note of the evidence taken at the hearing, or such part note to thereof as may be required by the Commissioners, sealed with the seal Charity of the court. sioners. 11. Upon the requisition of the Attorney General in proceedings Transmis- instituted by him, the registrar shall transmit to Mnij by post or JQ,jge's Order XLVIII. note to Attorney General. Copy of proceed- ings to be Bent to Commis- sioners. Fees -where income of cliarity ex- ceeds XOl. 280 otherwise, a copy of the judge's note o£ the evidence taken at the hearing, or such part thereof as may be required by the Attorney General. 12. A copy of the summons, notice to attend proceedings, or notice to appear, together with a copy of the order made by the court, shall in all cases be transmitted by the registrar forthwith after the hearing, by post or otherwise, as the judge shall direct, to the office of the Commissioners. 13. Where the annual income of the charity exceeds ten pounds, the court fees shall be payable as in cases within the ordinary jurisdiction of the court, without prejudice to the privilege of the Attorney General as to costs, and the charitable funds may be made liable to the payment thereof, at- the discretion of the judge. Fees-wjiere 14. Where the annual income of the Charity does not exceed does'not *^° pounds, no court fees shall be payable out of the funds of the exceed 10^. Charity ; nor shall any court fees be paid by any party to the pro- ceeding, unless the judge shall, in his discretion, order any of the parties to the proceeding before him to pay such fees as he shall think fit, without prejudice to the privilege of the Attorney General as to costs. Fees where 15- Where more charities than one are joined in one application, ^h^^T ""^ ^®* °^ court fees only shall be payable, such fees to be calcu- join. lated on the aggregate amount of the incomes of the charities so joining Fees how 16. Where court fees are payable, they shall be calculated tl'&d^t ' according to the scale of fees applicable to proceedings for the Vict. c. 43. recovery of tenements under section one hundred and thirty-eight of the Act, the annual income of the charity, in like manner as the annual rent of the tenement, being treated as the basis of calculation. ' , ; Who may 17. At the hearing, any person who has been summoned orShas hearing* received notice to attend proceedings, or who is authorised to apply under section forty-three of the Charitable Trusts Act, 1853, may appear and be heard in opposition to the application authorised by 231 the order or certificate of the Commissioners, or the statement of the _9A?II^' ^C 1 xT TTl Attorney General, subject to the payment of such costs as the judge may direct. 18. The order or certificate of the Commissioners, or the statement of Effect of the Attorney General, as to the amount of the annual income, shall g^^g^' be conclusive, and the other statements contained in the certificate or order or order of the Commissioners, or the statement of the Attorney General or Attorney shall, unless disputed, be taken as true. General's statement. 19. The enactments, orders as to fees, practice, and forms in General force and used in the county courts shall, subject to the rules &c., of the of this Order, be adopted with reference to proceedings in matters ^^^^\ *? ^® of charitable trusts, so far as the same are applicable, mutatis mutandis. * 20. The accounts of trustees of charities, when delivered to the Registrar's registrar, shall be filed by him in numerical order, and annually trustees' indexed alphabetically according to the titles of such charities, or accounts." the names or descriptions by which they are known, or may be identified. The Charitable Trusts {Recovery) Act, 1891. 21. It shall not be necessary to make the trustees (if any) or Parties to DrocGcd" persons acting in the administration of the charity, or th6 Official j^gs under Trustee of Charity Lands, or the Official Trustees of Charitable 54 & 55 „ , • ■,. T , ^, . n n. Vict. c. 17. runds, parties to any proceedmg under the Charitable i rusts (Recovery) Act, 1891, unless the judge before or at the trial other- wise orders ; and for the purposes of pwaceedings under the said Act the Board shall be deemed to represent all parties interested in the charity. [Order XLVIIIa, Rule 1, July, 1893.] ; 22. The notice in section five, sub-section one, of the said Act Notice ..:. ^mentioned shall be a two days notice iij writing, and shall be served 54 ^^^5-^ on the opposite party ; but the court may give leave" for shorter or Vict, c; -17. substituted or other notice. [Rule 2.] 23. Any order for ' production of documents or other discoviery Discovery, against the Board shall be made upon their secretary for the time being. [Rule 3. J 232 Order XLVIH. Costs. [New.] Costs. 24. Where costs are allowed in any proceeding under the Charitable Trusts Acts, 1.853 to 1891, and this Order, the judge may order the costs to be taxed under Column A, B, or C, and in default of any such order they shall be taxed under Column B, without prejudice to the privilege of the Attorney General as to costs. Order XLIX. ORDER XLIX. [Order XLIXa., Nov., 1900.J Probate and Letters of Administration. 1. Proceedings under the Court of Probate Act, 1857, as amended by the Court of Probate Act, 1858, or by any other Act, shall be commenced by plaint and summons in the ordinary way. The plaint FioceedingB under Oonrt of Probate Acts, 1857 and 1858, c. 77. 21 & 22 and all subsequent proceedings shall be intituled "The Court of Vict. o. 95. pj.yba^g A^j^g^ 1857 ^^^ 1858." Parties where caveat lodged. 2. Where any person has lodged a caveat against the grant of probate or letters of administration, and proceedings are taken to obtain such grant, the person applying for the probate or letters of administration shall be plaintiff, and the person who has lodged the caveat shall be defendant. Parties on 3. In proceedings for the revocation of probate or letters of adminis- apphcation ^ration the person applying for such revocation shall be plaintiff, grant. and the person against whom the application is made shall be defendant. Particu- lars. 4, Before the entry' of the plaint the plaintiff shall lodge with the registrar an office copy of the minute of the High Court authorizing Production of autho- rity of .... High the commencemeiit of proceeditigs. Court. 5. Particulars of demand shall be filed in all cases, stating concisely the nature of the proceeding, and the relief or order which the plain- tiff claims. 233 6. In a Probate action any person not named in the summons may Order intervene and appear in the action, on filing an affidavit showing how " he is interested in the estate of the deceased. Interven- tion by [New ; see R.S.C. Order XH., Rule 23.J person not named in summons. 7. The registrar on issuing a plaint for the revocation of the Notice to grant of probate or letters of administration shall give notice by '^*^^''^°* post, according to the form in the Appendix, to the district probate popm 443. registrar by whom the probate or letters of administration has or have been granted, to produce the original will or other necessary documents at the court at which the plaint is to be heard. [Rule 6. J 8. The certificate to be given by the registrar under section fifty- Certificate, five of the Court of Vrobate Act, 1857, shall be according to the 20&21 form in the Appendix. [Rule 7. J s. 55. Form 444. 9. The order of the judge on the hearing of the plaint shall be Qrder according to the form in the Appendix^ and a copy of such order shall Form 445. be sent by post to the plaintiff and the defendant and any party intervening. [Rule 8.j 10. Where application for the grant or revocation of probate or Transmis- letters of administration has been made at the principal registry ^i'^P °^„ .. ./-, r c o J actionfrom of the Probate Division of the High Court, and any contentious High matter arises out of such application, and a judge of the said ""urt. division sends the action or matter to the county court, the provisions of this Order and the provisions of Order XXXIII. relating to actions or matters remitted from the Chancery Division of the High Court to a county court shall apply to the proceedings in the county court in the action or matter so sent to the county court. [Rule 9. j , 11. The judge may order the costs of proceedings under the said Costs. Acts to be taked either under Column B. or Column C, and in default of any such ordier they shall be 'taxed under column B. ; aiid Rule 8 of Ordfer LIII. shall apply to suoh proceedings. [Rule lO.J 12. In proceedings under this Order for which no provision is Practice in otherwise made the rules and practice of the Probate Division df the E^-g^op High Court shall be followed so far as they are applicable. [Rule 11. J which ho provision made. 234 Order r* ORDER L. Proceedings under Acts conferring Jurisdiction on the Courts. The Inclosure, (J'c, Expenses Act, 1868. Applica- 1. An application to the court under section three or section four 31 & 32 °^ *^^ Inclosure, &c., Expenses Act, 1868, shall be made by action Vict. c. 89. commenced by plaint and summons in the ordinary way. Particulars r-N 1 '^^ demand shall be filed with every such application, stating concisely the relief or order which the plaintiff claims. Costs in 2. The costs in any action under the said section four shall be under taxed on such scale as the judge shall direct, and in default of such ~ ^ ^^o« direction shall be taxed under Column B. [New. 1 Vict. c. 89. "- -" s. 4. Non-com- 3. If the defendant in any action under the said section four fails to TlllflTVfift' with order comply with an order for delivery made in such action, he shall be *or liable to attachment. [New. 1 delivery under 31 & 32 Vict. The Solicitors Act, 1870. c. 89. s. 4. ' . Applica- 4. An application to the court under the ifolicitors Act, 1870, tions giiaii ]3g made by petition intituled in the matter of the Act and of the under 33 & 34 agreement ; and the same procedure shall be followed and costs ^^*a' ih^^' allowed as on any other petition to the court, regard being had to the amount of the subject matter of the petition. [New.] The Ballot Act, 1872. Applica- 5. An application to the court under Rule 40 or Rule 41 in the 35& 36*^^'^ first schedule to the Ballot Act, 1872, as applied by Rule 64 in the Vict. c. 33. said schedule, shall be made in writing, and shall be intituled in Rufes 40 *^^ matter of the Act and of the particular matter. Such application 41, 64. shall be made in accordance with the rules for the time being in force as to interlocutory applications, save that, unless by consent or otherwise ordered;, only oral evidence shall be admitted; Costsj if allow-edj shall be taxed on such scale as the judge shall direct. ^Ne^y-.J The Local Loans Act, 1875. Applica- ,6. An application to the court for the appointment of a receiver tion for' under the provisions of section twelve ot Xhe Local Loans Act, 1875, %e)if6f' shall be made by petition ; and the" same procedure' shall be followed i'eceiyei' 235 and the same fees paid and costs allowed as on any other petition to Obdpr L. the court in which the subject matter of the petition exceeds one under hundred pounds. [Order XLIII., Rule l.J Vict ^ 83. s. 12. 7. An application to the judge for the rectification of a register Applica- ■ of nominal securities under the provisions o£ section twenty five of pectifica- The Local Loans Act, 1875, shall be made by petition ; and the same tion of • rGsristiBr procedure shall be followed and the same fees paid and costs allowed ^nder as on any other petition to the court in which the subject matter of the §? & 39 • • n - ■, 11 T ijj ^ict. c. 83. petition exceeds twenty pounds and does not exceed one hundred g_ 35, pounds. [Rule 2,] 8. The court to which petitions shall be presented under the To what two preceding rules of this Order shall be the court of the district +°'"^V^t- in which the local authority exercises its authority. [Rule 3.] presented. TTie Commons Act, 1876, Section 30. 9. Proceedings under section thirty of the Commons Act, 1876, Proceed- shall be by action commenced by plaint and summons in the ordinary ^^^^ ^ way. Particulars of demand shall be filed in every such action, Vict. c 56. stating concisely the relief or order which the plaintiff claims. [New.] The Sale of Exhausted Parish Lands Act, 1876. 10. Where the Local Government Board directs that proceed- Proceed- ings may be taken under section three of the Sale of Exhausted Parish oo^l'io '^ Lands Act, 1876, such proceedings may be taken as follows : — Vict. c. 62. (a.) If there are disputed claims to any interest in any land or the purchase money of any land, any person claiming any such interest may take proceedings by action commenced by plaint and summons in the ordinary way against the other persons claiming any interest, and the person or authority in whom such land is vested, or in whose hands such purchase money may be. Particulars of demand shall be filed in such action, stating concisely the relief or order which the plaintiff claims. The person or authority in whose hands such purchase money may be may at any time after service of the summons 236 Order L. pay guch purchase money into court, and thereupon further proceedings against such person or authority shall be stayed. The judge at the trial of the action shall decide upon the rights of the several persons claiming any interest in the land or purchase money, and shall make such order for the purpose of giving effect to such rights, and as to costs, as may be just. (b.) If any person entitled to any interest in the purchase money of any land, where there is no dispute, is under legal dis- ability, then (i.) the person or authority in whose hands such purchase money may be may pay the same into court under 51 * 52 section seventy of the A.ct, in accordance with Rule Vict. c. 43 B. 70. * 9 of Order XXXVIII., and that rule and the sub- sequent rules of that Order shall apply to the payment into court and subsequent disposal of such purchase money ; or (ii.) a petition may be filed on behalf of the person under disability, asking for the directions of the court as to the disposal of such purchase money. If such petition is filed it shall be served on the person or authority in whose hands such purchase money may be, and the same procedure shall be followed and costs allowed as on any other petition to the court. The person or authority served with such petition may at any time after service pay the purchase money into court, and thereupon further proceedings against such person or authority shall be stayed. [New.] The Telegraph Act, 1878, Section 4. Applica- 11. (1.) Any difference referred to the judge under section four of ii'TJa^*^^' the Telegraph Act, 1878, may be so referred by either of the parties to Vict. c. 76. the. difference filing with the registrar an application to the judge to ®' hear and determine such difference, which application shall be intituled in the manner of the Act and of the difference, and shall be entered and numbered and reckoned as a plaint. 237 (2.) Particulars shall be appended or annexed to the application, Order L. containing Particulars (a.) a concise statement of the grounds on which the application affidavit, is made, and of the relief or order which the applicant claims ; (b.) the full names and addresses of the respondents and of the applicant, and of his solicitor, if the proceedings are com- menced through a solicitor ; and the application shall be supported by an afl&davit setting forth the circumstances in which and the grounds on which the application is made. (3.) The applicant shall deliver to the registrar with the application, Copies for particulars, and aE&davit, a copy thereof for the judge, and a copy for weapon- each respondent to be served. dents. (4.) On the filing of the application the registrar shall fix the Fixing day hearing thereof before the judge for any court appointed to be held i^y regis- within twenty-eight days from the date of the application, but the date t^^""- of hearing shall be so fixed as to allow the copies of the application, particulars, and affida%'it to be served on the respondents ten clear days at least before the date so fixed. (5. ) If there is no such court available, the registrar shall send Fixing day notice of the application to the judge, who shall, as soon as conveni- of hearing ently may be, appoint a day for the hearing of the application. Such day shall be so fixed as to allow the copies of the application,' par- ticulars, and affidavit to be served on the respondents ten clear days at least before the date so fixed. (6.) On the day for the hearing of the application being fixed, the Notice to registrar shall give or send by post notice in writing to the applicant, P^ ^^' stating the place at which and the day and hour on and at which the forms 419j application will be heard, and shall issue the copies of the application, '-' particulars, and affidavit, under the seal of the court, foB service on the respondents, together with notices signed by the registrar himself and under the seal of the court, stating the place at which and the day and hour on and at which the application will be heard, and that if the respondents do not attend in person or by their solicitors such order will be made and proceedings taken as the judge may think just and expedient. 238 Order L. respon dents. By whom service may be effected. (7.) The copies and notices mentioned in the last preceding Service on paragraph shall be served on each respondent ten clear days at least before the day fixed for the hearing, unless such respondent, or his solicitor on his behalf, agrees to accept shorter service. (8.) Such copies and notices may be served — (a.) by a bailiff of a court ; or, at the request of the applicant or his solicitor, (b.) by the applicant, or some clerk or servant in his permanent and exclusive employ ; or (e.) by the applicant's solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them. (9.) Service may be effected either in accordance with the rules as to service of default summonses, or by registered post. (10.) Where service is effected otherwise than by a bailiff, a copy of the document served, with the date and mode of service indorsed thereon, shall within three clear days next after the date of service, or such further time as may be allowed by the registrar of the court issuing such document, be delivered or transmitted to such registrar by the applicant or his solicitor. The applicant or his solicitor shall also deliver or transmit to the registrar an affidavit of the service of such document, according to the form in the Appendix, with such variations as the circumstances of the case may require. (11.) Any affidavit intended to be used by any respondent on the hearing of the application shall be filed and a copy thereof shall be served on the applicant four clear days at least before the hearing of the application, or, if short service of the notice of the application has been accepted, in such reasonable time before the hearing as the date of service will allow. Mode of service." "Where service efiEected otherwise than by bailiff. Form 37, Affidavits by respon- dents. Attend- ance for cross ex- amination (12.) A, deponent to an affidavit shall on notice from the other side attend the hearing for cross-examination ; and witnesses may be orally examined on hearing of the application in the same manner as on the hearing of an action. Procedure (13.) Subject to the provisions of section four of the Telegraph t^n^^^ '°*' Act, 1878, and the enactments therein referred to, the procedure on an application shall be the same as the procedure in an action commenced 239 in the court by plaint and summons in the ordinary way, and deter- Order L,. mined by the jud^e without a jury ; and the statutory provisions and rules for the time being in force relating to such actions shall, with the necessary modifications, apply to such application accordingly ; and in the application of such provisions and rules the application shall be deemed to be a summons with particulars annexed, the day fixed for proceeding with the application shall be deemed to be the return day, and the applicant and respondent shall be deemed to be plaintiff and defendant respectively. (14.) The award of the judge shall be prepared by the registrar Award, and signed by the judge, and shall be sealed, filed, and served on all persons affected thereby, and shall be enforceable in the same manner as a judgment or order of the court. (15.) The judge shall have power at any time to correct any clerical mistake or error in such award arising fi*om any accidental slip or omission. (16.) Costs awarded by the judge shall be taxed on such scale as Costs, the judge shall direct, and iu default of such direction shall be taxed under Column B. [New. J The Inebriates Acts, 1879 to 1898, 12. An application to the judge under section eighteen of the Applica- Inebriates Act, 1879, shall be intituled in the matter of the Act Jg^^^J^®*" and of the person detained, and shall be made in accordance with Vict. c. 19. the rules for the time being in force as to interlocutory applications, ' and supported by affidavit. [New. J 13. An application under section twelve of the Inebriates Act, Applica- 1898, shall be made by petition, and the same procedure shall be gf^g?*^*^ followed and the same costs allowed as on a petition under Vict. c. 60. Order XXXVIII. [New.] '• ^^• The Army Act, 1881, Section 115. 14. An application for the determination of a difference under Applica- section one hundred and fifteen of the Army Act, 1881, shall be ^'a^^^**®'" made by action commenced by plaint and summons in the ordinary Vict. c. 58 way. Particulars of demand shall be filed with every such ^" ^^^' application, stating concisely the relief or other order which the plaintiff claims. [New. j 240 Order L. t^^ Allotments Extension Act, 1882. Applica- 15. An application to the judge under paragraph 2 or 45 & 46 paragraph 4 in the schedule to the Allotments Extension Act, Vict. c. 86. shall be intituled in the. matter of the Act and of the land, and shall pars. 2, 4. ^^ made in accordance with the rules for the time being in force [New.] as to interlocutory applications, and supported by affidavit. If an application is made by any other person than the trustees in whom the land is vested, it shall be madeon notice to such trustees. [New. J The Municipal Elections {^Corrupt and Illegal Practices) Act, 1884. Applica- 16. An application to the court under sub-section (6) of 47 & 48 section twenty-one of the Municipal Elections (Corrupt and Illegal "^ictc.TO. Practices) Act, 1884, shall be intituled in the matter of the Act and [New I °^ *^® election, and shall be made in accordance with the rules for the time being in force as to interlocutory applications, and supported by affidavit. The court may direct notice of such application to be given to any rival candidate at the election, or to the returning officer. The Lunacy Act, 1890. Applica- 17. An application to the judge under section one hundred and 53 & 54 thirty-two or section three hundred of the Lunacy Act, 1890, shall Vict. c. 5. be made by petition ; and the same procedure shall be followed and ' " the same costs allowed as on a petition under Order XXXVIII, [Order XLIIb., Feb., 1892.] The Open Spaces Act, 1890. Applica- 18. An application to the court under the Open Spaces Act, 1890. 5h'&^54 ^^ shall be made by petition intituled in the matter of the Act and of the Vict. c. 15. open space in respect of which the application is made ; and the same procedure shall be followed and the same costs allowed as on any other petition to the court, the annual value of the open space being treated as the basis for determining the scale of costs. [New.] The Brine Pumping {Compensation for Subsidence) Act, 1891. [Substituted for Order XLIIa., Feb., 1892.] Appeals 19. Any person desirous of appealing to the court under section ^?,^5 ^^ * twenty-seven of the Bruie Pumping (Compensation for Subsidence) c.40. s. 7. Act, 1891, shall within fourteen days from the date of giving 241 notice of appeal file with the registrar a written statement of the Order L. decision of the Board and of the grounds of appeal against such decision, together with as many copies thereof as there are respondents to the appeal. 20. The registrar shall forthwith on the filing of the said state- Entry of ment and copies enter a plaint and issue a summons calling upon the ^^eof° Board and (in case of an appeal against the allowance of a claim or summons, any item thereof) upon the claimant to show cause why the decision f^j.^^ ' of the Board should not be reversed or modified, and shall annex to ^16.] the summons for service on each respondent a copy of the said statement, which copy shall be deemed to be part of the summons. 21. The practice, procedure, and costs in an action shall be Practice Q-i-jH posts applicable to an appeal under the said section. TTie Merchant Shipping Act, 1894, Section 610. 22. A pilot desirous of appealing under the Merchant Shipping Appeals Act, 1894, section six hundred and ten, from the decision of a sgvict. pilotage authority shall within thirty days of the giving of the c.60. s. 610. decision (or within such further time as may be allowed by the court) file with, the registrar of the county court having jurisdiction in Admiralty within the port for which the pilot is licensed two copies of the said decision, together with a written statement in duplicate of the grounds of appeal. [Order XXXIXa., Rule 1, Dec. 1889.] 23. The registrar shall forthwith upon the filing of the said copies Entry of and statement enter a plaint and issue a summons calling unon the Pl^>"* ^}^" ^ . . issue of pilotage authority to show cause why the decision should not be summons, reversed or modified, and shall annex to the summons for service a Form 446. copy of the decision appealed against and one of the statements of grounds of appeal, which copy and statement shall be deemed to be part of the summons. [Rule 2. J 24. The summons shall be served upon either the secretary or clerk Service of of the pilotage authority, if such there be, and, if not, then upon some summons, member of the authority. [Rule 3. J 8775 ' y 242 OrberL. 25. The assessor shall be selected from the court list of Admiralty Selection assessors, except where the pilot has been licensed by the Trinity of assessor. House for any district on the coast of England or Wales, when the assessor shall be selected from the Brethren of the Trinity House. [Rule 4.] Notice of selection. Form 447. Hearing of objections. IGonf. Form 138.] Summon- ing of assessor. 26. The registrar shall send to each party to the action a notice stating the name and address of the assessor selected, and such party shall as soon as may be after receipt of the notice inform the registrar in writing whether or not he accepts the assessor so selected : and where any party does not accept the assessor so selected, the procedure prescribed by Order XXT., Rule 10, shall be followed. [New.] 27. The assessor, when selected, shall be summoned by the registrar in accordance with Order XXXIX., Rule 91. [New.] Remunera- 28. The remuneration of the assessor shall be the same and shall assessor. ^^ P^i^ ^^^ ^^ borne in the same manner as in an Admiralty action in which the amount claimed exceeds one hundred pounds, and the , judge requires the assistance of assessors. [Substituted for Order XXXIXa., Rule 5.J Practice and costs. 29. The practice, procedure, and costs in an action shall be applicable to an appeal under the said section. [Rule 6.j Appeals under 57 & 58 Vict. c. ccxiii. s. 91. The London Building Act, 1894. 30. (Ir) A party desirous of appealing from an award under section ninety-one of the London Building Act, 1894, shall, within fourteen days from the date of the delivery of the award file with the registrar two copies of the award, together with a written statement in duplicate of the grounds of appeal. IGonf. (2.) The registrar shall forthwith upon the filing of the said copies and statement enter a plaint and issue a summons calling upon the other party to show cause why the award should not be rescinded or modified, and shall annex to the summons for service a copy of the award and one of the statements of the grounds of appeal, which copy and statement shall be deemed to be part of the summons. 24H (3.) The practice, procedure, and costs in an action shall be Order L. applicable to an appeal under the said section. [l^ew.J 31. An application to the court under section ninety-four of the Applica- T J T> •! T r.f^ • 1 • • tionsunder ijondon JBmldings Act, 1894, to settle the security to be given in any 57 & 58 case mentioned in the said section shall be made by action commenced ^^^^- .. by plaint and summons in the ordinary way. Particulars of demand e. 94. shall be filed with every such application, stating concisely the relief or order which the plaintiff claims. [New.] 32. An application to the court under section one hundred and Applicar ninety six of the London Buildings Act, 1894, shall be made by under petition ; and the same practice, procedure and costs shall be ^/^ ^^ applicable as on any other petition to the court. [New.] c. ecxiii. s. 196. TTie Money-lenders Act, 1900. 33. (1.) Where proceedings are taken by a money-lender, the Proceed— powers of the court under sub-section 1 of section one of the Money- Monev^**^^ lenders Act, 1 900, may be exercised at any stage o£ the proceedings, lenders and whether notice has or has not been given by the defendant of his 63 & 64 intention to apply to the court to exercise such powers ; subject, ^icr. c. 51. nevertheless, where no notice or insufficient notice of such intention has been given, to such terms as to adjournment, furnishing of particulars, costs, and otherwise, as may be just. (2.) An application to the court under sub-section 2 of section one of the said Act, at the instance of a borrower or surety or other person liable, shall be by action commenced by plaint and summons in the ordinary way. Particulars of demand shall be filed in such action, stating concisely the grounds on which the application is made, and the relief which the plaintiff claims. [Order LI., Rule 24J, Jan. 1901. J The Factory and Workshop Act, 1901, Section 14, Sub-section 4. 34. An application to the court under section fourteen, sub-section Applica- four, of the Factory and Workshop Act, 1901, shall be made by J^dw!"?^' action commenced by plaint and summons in the ordinary way. c. 22. s. 14 Particulars of demand shall be filed with every such application, stating concisely the rielief or order which the plaintiff claims. [New. j 8775 Q 2 U'[ Order L. Proceed- ii^gs under Acts not referred to in rules. [Substi- tuted for Order LI., Rule 25.] Applica- cation of generail practice prescribed by rules. Proceedings under other Acts. 35. Where by any Act not mentioned in these rules proceedings are authorised or directed to be taken in a county court, such pro- ceedings shall be commenced by action where the object of the proceedings is to obtain relief against any person, or to compel any person to do or abstain from doing any act. Where there is no person against whom an action can be brought, proceedings shall be taken either by petition or in accordance with the rules for the time being in force as to interlocutory applications, and shall be supported by affidavit ; but in any case in which an interlocutory application is made the judge may, if he thinks fit, direct a petition to be filed. 36. The general practice of the court prescribed by these rules shall apply to all proceedings whatsoever authorised by any existing or future Act to be commenced or taken in any county court, except in so far as such practice may be inconsistent with the provisions of any such Act, or of any particular rules made as to the procedure under any such Act. [Order LI., Rule 2 6. J Order LI. Proceed- ings under 59 & 60 Vict. o. 45. Sittings of the court. Where action may be tried. ORDER LI. [Order Lc, 189 7. J Thk Stannaries Court (Abolition) Act, 1896. 1. Proceedings commenced in a county court under the juris- diction and powers transferred to and vested in such court under the Stannaries Court (Abolition) Act, 1896, shall be regulated by the following rules. Sittings of the Court. 2. The days of the sitting of the court shall be those appointed for the transaction of the ordinary general business of the court held in the city or town mentioned in the name of the court, or such other days as the judge may from time to time appoint, either generally as days on which cases commenced under the Stannaries jurisdiction will be tried, or specially for the trial of any particular action, matter ■ or other proceeding. 3. The judge may try or partly try any action, matter, or other proceeding at any place within the district of the court as fixed for the purposes of the Stannaries jurisdiction. 245 4. Where application is made to the judge for the trial or part Order LI, trial of an action, matter, or other proceeding at a place in which xjnder- a court is not held, the party making the application shall file a ta'^ing for ' . . . „ experjses praecipe undertaking to provide at his expense a place to the satisfac- of trial- "at tion of the judge in which the action, matter, or proceeding may be P^**'® triedj and to pay the necessary expenses of the judge and officers court not attending at such place. ® ' Form 369.] Pursers' and Creditors' Suits abolished. 5. Pursers' and creditors' suits shall be abolished. Parsers' and credi- tors' suits Tir ■ 7 • /• /-i ■ abolished. Wmdivg-up oj Companies. 6. Proceedings for the winding-up of companies shall be regulated Proceed- by, and costs in such proceedings shall be taxed under, the statutory -windin"- provisions, rules, and scales of costs for the time being: in force for the ^P "^ com- ^. ,. ' p . . , ^ panies. winding up of companies in the county courts. 7. (1.) Solicitors practising as advocates according to the usage Costp of prevailing in the Stannaries Court before the first day of January, counsel ' 1897, will be recognised as such, and entitled to fees as such, when and wit- they appear in the character of advocates in any winding-up pro- vvinding- ceedings before the judge in person at any sitting of the court ; ^V cases. but charges in both characters in respect of the same matter or act done in court by the same solicitor will not be allowed. (2.) In attendances before the judge out of court or before the registrar, solicitors will be considered as attending in that character only, and entitled to fees and necessary expenses as such. (3.) Upon attending as advocates they will be entitled to fees not exceeding the following : — On the hearing of any original petition, 21. 2s. to bl. rts. On motions of course, 10s. Qd. Other motions, 1/. Is, (4.) On the hearing or argument of or upon a special motion in any winding-up, the registrar will be at liberty to treat it as an origiiUal petition, and allo^^' fefes of advocates accordingly. 246 Order LI. (5.) On the winding-up of companies the registrar in taxing the costs of advocates or solicitors' fees is to have regard to the solvency of the estate or fund, the importance of the matters in issue, and the pecuniary value of the interests involved. fe, (6.) When counsel are retained to attend before the court, or before the judge out of court, or upon the examination of witnesses out of court, the usual and reasonable fees of counsel for such attendance may be allowed on taxation, if in the opinion of the court such attendance is desirable. (7.) In the allowances to witnesses the scale of allowances sanctioned by the County Court Rules is to be adopted. Actions or Matters within Limits of County Court Jurisdiction. Proceed- 8. Proceedings in actions or matters within the limits of the ings m ordinary iuris-diction of the county courts under the County Courts cases with- •' •' , •' _ . . •' in limits of Act, 1888, shall be regulated by, and costs in such proceedings shall court I ■ ^^ taxed under, the statutory provisions, rules, and scales of costs for diction. the time being in force in the county courts. Transfer of 9. (1.) Where an action or matter commenced in one court is actions transferred for hearing to any other court, the prov^isions of section court to eighty-five of the County Courts Act, 1888, shall apply to such action hearing °^ ^^ matter ; but the judge may after the hearing direct the action or and re- matter to be transferred back to the court in which it was commenced: after ^^^ ^^ ^^^^ ^^^^ ^^^ certified copy of the proceedings mentioned in hearing. the said section eighty-five shall be returned by post to the registrar Vict. c. 43. of such last-mentioned court, with a certified copy of all the pro- B. 85. ceedings in the court in which the action or matter was heard, and of the order of transfer ; and all proceedings subsequent to judgment sh&U be taken in the court to which such action or matter is transferred back. (2.) When any transfer is made the costs of the copies of the pro- ceedings, and any fees payable to the registrar of either court, shall be paid by the party on whose application the transfer is made, unless the transfer is made by the judge without any application to transfer being made to him, in which case such costs and fees shall be paid by the plaintiff in the action or matter. 247 (3.) The registrar by whom any copies are to be transmitted may Order LI. require deposit of the costs of such copies, and payment of his fees before making or transmitting such copies, (4.) The judge may in any case direct by which of the parties such costs and fees are ultimately to be borne ; and if he directs them to be borne by any party other than the party by whom they are paid in the first instance, they shall be allowed to such last-mentioned party as costs in the action or matter. Actions or Matters beyond Limits of County Court Jurisdiction. 10. Proceedings in actions or matters exceeding the limits of the Proeeed- ordinary jurisdiction of the county courts under the County Courts cases^be- Act, 1888, (hereinafter called proceedings under the Stannaries yond limits jurisdiction), shall be regulated by the following rules. com-t juris- diction. 11. The records and papers in any proceeding under the Stannaries Proceed- jurisdiction shall be intituled with the name of the Court, and marked intituled. with the words " Stannaries Jurisdiction." 12. All actions, suits, and proceedings which before the first day of Actions to January, 1897, were called actions, and commenced in the Stannaries n^enced by Court by writ of summons, shall be called actions, and shall be plaint, commenced by entering a plaint and issuing a summons. 13. The praecipe for the entry of a plaint, and the particulars, shall Matters to state an address for service, which shall be within the district of i^ prsecipe the court, and at which it shall be sufficient to leave all instruments ^^'^ IT .1 . • T 1 T 1 particulars, and documents m the action required to be served upon the plaintiff. 14. Immediately on the filing of the praecipe the registrar shall Plaint and enter a plaint and issue a summons. Such summons shall be an '^°^'"°°^- ordinary summons, unless the claim of the plaintiff is for a debt ov liquidated money demand, in which case the plaintiff may at his option cause a default summons to be issued in accordance with section eighty'six, of the County Courts Act, 1888. 248 Order LI. i^ Where an ordinary summons is issued, such summons shall be Return daj- made returnable on a da)' not less than thirty clear days from the o£ ordinary filing of the praecipe, unless all parties concur in asking for an earlier day to be fixed. If the judge has already appointed a day or days within two months from the date of the filing of the praecipe for the hearing of cases commenced under the Stannaries jurisdiction, the summons shall be made returnable on such day or one of such days. If no such days have been appointed, the registrar shall before issuing the summons apply to the judge to fix a day on which the action will be tried, and the summons shall be made returnable on the day so fixed. Particu- lars. 16. Particulars of demand shall be filed at the time of the entry of the plaint, and a copy thereof shall be forthwith sent to the judge. Service of summons, iinid proof thereof. 17. The summons, whether an ordinary or a default summons, may be served by any person by whom a default summons may be served. If it is served on any defendant otherwise than by a bailiff, and such defendant does not appear or give notice of defence or of admission of the claim, proof of service shall, before judgment is entered against such defendant, be made in the manner required for proof of service of a default summons. Time of service ol! ordinary- sum mons. 18. An ordinary summons shall be served twenty clear days at least before the return day, unless the defendant consents to accept shorter service. If it is not so served the plaintiff shall apply to have a fresh day fixed for the hearing, so as to admit of service being effected in accordance with this rule. Fixing trial of default summons wliere notice given of intention to defend. 19. Where a defendant to a default summons gives notice to defend, a day shall be fixed for the trial, and the registrar shall send by post to both plaintiff and defendant notice of trial twenty clear days at least before the day so fixed. If the judge has already appointed a day or days within one month of the day on which notice of intention to defend is received by the registrar, for the liearing of cases com- menced under the Staniiaries jurisdictioa, the registrar shall fix such 249 day or one of such days for the trial. If no such days have been Order LI. appointed, the registrar shall apply to the judge to fix a day on which the action will be tried, and shall give notice of trial for the day so fixed. 20. A defendant to an ordinary summons may enter an appearance Appoaranoe , ,. 1 /.!• . to ordinary in such action by tilmg a praecipe. summons. [Conf. Form 374.] 21. Where a defendant gives notice to defend a default summons, Appear- or enters an appearance to an ordinary summons, the notice of *°J.® *"* intention to defend or of appearance shall state his name, address, and defence. description, and if he appears or defends by a solicitor, the name of ;^ddreBs \ . ' ^^ •' ' for service his solicitor, and shall also state an address for service, which shall be within the district of the court, and at which it shall be sufficient to leave all instruments or documents in the action required to be served on such defendant. 22. (1.) The parties to an action may at any time before the Settlement return day agree upon and file a statement of the issues to be tried. ^^ tried^ ^° (2.) If no such statement is filed, or if it appears to the judge that the issues of fact in dispute are not sufficiently defined by the state- ment filed, the judge may direct the parties to prepare and file issues or further issues, as the case may be. (3.) If the parties are unable to agree upon a statement of the issues or further issues, any party may, whether the judge has or has not directed issues or further issues to be filed, apply under Order XV. to have the issue or further issues settled by the court ; and such issues or further issues shall be settled accordingly by the registrar, or, if the parties so request, by the judge. 23. (1.) Where a defendant intends to object to the jurisdiction of Objection . the court he shall file a notice of such objection, together with a j^^^™' concise statement of the grounds thereof, at least ten clear days before ^he retUT^n day ; and the provisionei of Order X,, Rule 10, shaU apply to- any such notice, or any failure to give such notice. 250 Or der LI. (2.) Where such notice is given, any party may apply to the judge in accordance with Order XV. for an order directing that the question of jurisdiction be decided separately before the action is brought on for trial ; and the judge may make such order accordingly, or may direct that the decision of such question be reserved till the trial of the action. Notice of demand for jury. Porms 142-144. 24. Notice of a demand for a jury shall be given in writing to the registrar fifteen clear days at least before the return day, and the registrar shall forthwith give notice thereof to the other party ; and the summonses to the intended jurors shall be delivered to the bailiff forthwith. General 25. Subject to the foregoing rules, the proceedings in an action as to pro- commenced under the Stannaries jurisdiction shall be regulated by ceedings. ^j^g statutory provisions and rules for the time being in force regulating the proceedings in actions in the county courts. Procedure of High Court (ex- cept under Order XIV.) to apply where no other pro- vision made. Provisions as to pro- ceedings com- menced ' under ordinary jurisdic- tion ■vyhich should have been com- menced tinder Stannaries jurisdic- tion, and vice versa. 26. Where no other provision is made by the statutory provisions or rules for the time being in force, the practice and jirocedure in force in the High Court shall apply to proceedings commenced in a county court under the Stannaries jurisdiction. Provided that the procedure under Order XIV. of the Rules of the Supreme Court shall not be resorted to in the county court. 27. If in the course of any action or matter which has been commenced as being within the limits of the ordinary jurisdiction of the county courts it appears that the subject matter of such action is beyond such limits, but within the limits of the Stannaries jurisdiction, the proceedings shall not be invalidated, but the action shall thence- forth proceed in all respects, as to costs and otherwise, as if it had been commenced under the Stannaries jurisdiction : And in like manner, if in the course of any action which has been commenced under the Stannaries jurisdiction it appears that the subject matter of such action is within the limits of the ordinary jurisdiction of the county courts, the proceedings shall not be invalidated, but such action shall thenceforth proceed in all respects, as to costs and otherwise, as if it. had been contmenced as being within the limits of the ordinary jurisdiction of the cetirt. ■ 261 28. The costs of actions commenced under tlie Stannaries juris- Order diction shall be allowed and taxed according to the rules and scales of 1 costs for the time being in force in the county courts, and applicable Costs of to the subject matter of such actions. under T> .IT ,. ,, Stannaries rrovided as follows : — jurisdic- (1.) Such actions shall be within Order LIII., Kule 8. ^°^' (2.) Where costs are taxed under Column C, the fees allowable under items 70 to 73 may be increased, at the discretion of the registrar, subject to review by the judge, or by special order of the judge under Order LIII., Rule 8, to any sums not exceeding the following ; that is to say, £ s. d. Item 70 may be increased to ... ... 5 5 Items 71 to 73 „ „ 3 3 (3.) Where costs are taxed under Column C, reasonable fees may be allowed to counsel in excess of those mentioned in items 85 to 94, in respect of the matters referred to in such items, at the discretion of the registrar, subject to review by the judge, or by special order of the judge under Order LIII., Rule 8. (4.) Where proceedings are taken for which no provision is made by the rules or scales of costs, reasonable costs may be allowed in respect of such proceedings by the registrar, subject to review by the judge, or by special order of the judge, not ex:ceeding those which may under the scales or these rules be allowed in respect of proceedings of a like nature. OEDER LII. Order [Order Lb., April, 1895.J Finks. Neglect or Misconduct of Officers. Committal foe Contempt. Enforcement of Fines. The Codnty Courts Act, 1888, Sections 48, 49, 50, 102, 112, 162 and 167. The Summary Jurisdiction Acts. 1. On complaint made to the court that any person has assaulted Issue and an officer or bailiff of the court while in the execution of his duty, ^^^^^''^o* J ' summons or has rescued or attempted to rescue any goods levied under process on ' complaint 252 Ordkr of the court, the registrar shall issue a summons under section '. forty-eight of the Act, according to the form in the Appendix, of assault directed to the alleged offender (hereinafter called the defendant), and or rescue o \ / > under 51. & such summons shall be served personally on the defendant two clear days before the return day. [" Two days " substituted for " one day."] 52 Vict, c. 43. s. 48. Form 355. Witnesses and costs. 2. On the hearing of a summons issued under the last preceding rule, or on the summary hearing by the judge of a complaint against any person taken into custody and brought before him under section forty-eight of tlie Act, witnesses may be summoned and their attendance enforced in like manner as on the hearing of an action, and the judge may award costs to the complainant, or to the defendant if the complaint is dismissed, in like manner as to a plaintiff or defendant on the trial of an action. Costs so awarded shrill be taxed on such scale as the judge shall order, and in default of any order they shall be taxed on the lower scale. Order. Form 356. Enforce- ment of order. 51 & 52 Vict, c. 43. s. 167. Forms 357-360. 11&12 Vict. c. 43. 42 & 43 Vict. c. 49. Appendix, Part III. 3. An order imposing a fine for an offence under section forty-eight of the Act shall be according to the forai in the Appendix ; and payment of such fine and costs may be enforced, upon the order of the judge, pursuant to section one hundred and sixty-seven of the Act, and according to the forms in the Appendix, by distress and sale of the goods of the defendant under warrant of execution, or, in default or (as the case may be) in lieu of distress, by imprisonment of the defendant for any period not exceeding the period which under the Summary Jurisdiction Acts may be imposed in respect of the default of sufficient distress to satisfy a similar sum adjudged to be paid on summary conviction, regard being had to the provisions of the Summary Jurisdiction Acts set out in Part III. of the Appendix. Summons 4. A summons against a bailiff under section forty-nine of the for neglect, ^g^. £qj. neglect, connivance, or omission, or a summons against a &c., under & ' ' ' & s. 49, or bailiff or other officer of the court under section fifty ' of the Act for oxtdrtion, gjxto'rtion or misconduct or any other offence, shall, on complaint &o., under •' . , . , s. 5P. made by th6 pa^rty aggrieved, be issued according to such of the 253 forms in the Appendix as shall be applicable, and such summons Order shall be served personally on the party to be charged ten clear days before the return day. 361°3^63 5. An order under section forty-nine or section fifty of the Act Order, shall be according to such of the forms in the Appendix as shall ^°''°^^-. be applicable, and in default of compliance with any such order execution or other process may issue thereon in like manner as on a judgment in an action. The costs awarded by any such order shall be taxed on such scale as the judge shall order, and in default of any order they shall be taxed on the scale which would be applicable to the amount ordered to be paid, or, if costs are awarded to the defendant, the amount claimed, if such amount were recovered or claimed in an action. 6. When under section one hundred and two of the Act a fine for Fine on non-attendance is imposed on any person summoned as a juror, i'^ioa'^mav payment of such fine shall not be enforced for fourteen days ; and the be remitted registrar shall forthwith, by letter, inform such person that such fine ghown. has been imposed, but that payment thereof will not be enforced for fourteen days, and that if he has any cause to show for his non- attendance he may, within seven days after the date o£ such letter, forward to the registrar an affidavit showing such cause, or may attend in person and show such cause on any day within such fourteen days on which the court shall sit. On the receipt of any such affidavit the registrar shall submit the same to the judge, who, on considering the cause shown by such affidavit, or on hearing the juror if he attends in person, shall have power to remit such fine. 7. An order under section one hundred and eleven of the Act, Order imposing a fine for non-attendance on a person summoned as a g_ m witness, or a fine on a person present in court who refuses to be imposing sworn or give evidence, shall be according to the form in the witness. Appendix ; and payment of such fine may be enforced, upon the order ^onnl26. of the judge, pursuant to section one hundred and sixty-seven of the ment of Act, and according to the forms in the Appendix, by distress and ?[*^®^-,_.. sale of the goods of the witness under warrant of execution, or, in c. 43. s.l67. default or (as the case may be) in lieu of distress, by imprisonment 127^29 534 Order LII. 11 & 12 Vict. c. 43. 42 & 43 Vict. C.49. Appendix, Part III. Committal or fine for con- tempt of court. 51 & 52 Vict. 0. 43. s. 162. Forms 365- 367. of such witness for any period not exceeding the period which under the Summary Jurisdiction Acts may be imposed in respect of the default of sufficient distress to satisfy a similar sum adjudged to be paid on summary conviction, regard being had to the provisions of the Summary Jurisdiction Acts set out in Part III. of the Appendix, 8. An order committing a person to prison or imposing a fine for any oflPence mentioned in section one hundred and sixty-two of the Act shall be according to the form in the Appendix, and such order may be enforced by proceedings according to the forms in the Appendix. Report by registrar to judge if fine not paid. 9. Where afine is not paid in accordance with the order imposing such fine, the registrar shall forthwith report the matter to the judge, and shall act on any orders given by the judge for the enforcement of such fine. If the judge orders such fine to be enforced by warrant of execution, the time when such order is received by the registrar shall be deemed to be and shall be entered as the time when application was made to the registrar to issue such warrant. [Rule 11, June, 1896.J Proceedings iQ Where bv an order imposing a fine a sum is directed to be paid in default of •' . . payment of jjy instalments, and default is made in the payment of anv one fine ordered ./ . ' _ -^ ■/ to be paid by instalment, the same proceedings may be taken as if default had been instalments. - a •/ ^ ^ made in payment of all the instalments remaimng unpaid. [Rule 12, June, 1896.J Order LIII. Taxation of costs. Scales of costs. Appendix, Part IV. Costs,"when to be taxed. Delivery of bill. ORDER = LIII. Costs and Allowances to Witnesses. Taxation. 1. In every action or matter in any court all costs shall be taxed by the registrar of such court according to the scales of costs in Part IV of the Appendix, subject to the review of such taxation by the judge. [Order La., Rule 1, Feb., 1892.J 2. Where practicable the costs of an action or matter shall be taxed on the day on which the action or matter is tried or heard ; and where the costs have not been so taxed, one day's notice of taxing, bills of costs. 255 together with a copy of the bill of costs if the registrar no directs, Order shall be given by the solicitor of the party whose costs are to be ' taxed to the other party or his solicitor. [Rule 2. j .3. Notice of taxation may be sent by post prepaid, provided tha Notice of it is posted in time to reach the party to whom it is addressed in due course of post before noon of the day preceding the day fixed for taxation. [Rule 3. J 4. In every bill of costs to be taxed under Column B or C the pro- rorms of fessional charges shall be entered in a separate column from the disbursements, and every column shall be cast before the bill is left for taxation. [New ; R.S.C. Order LXV., Rule 19L] 5. Any party who may be dissatisfied with the allowance or Pai-ty dis- disallowance by the registrar on taxation in any bill of costs taxed j^j^j^g q^. by him of the whole or any part of any items, may, at any time jections in before the certificate or allocatur is signed, deliver to the other > party interested therein, and carry in before the registrar on taxation, an objection in writing to such allowance or disallowance, specifying therein by a list, in a short and concise form, the items, or parts thereof, objected to, and the grounds and reasons for such objection, and may thereupon apply to the registrar to review the taxation in respect of the same. [Rule 4.] 6. Upon such application the registrar shall reconsider and Review of review his taxation upon such objection, and he may, if he thinks upon fit, receive further evidence in respect thereof, and, if so required objections, by either party, he shall state either in his certificate of taxation or allocatur, or by reference to such objection, the grounds and reasons of his decision thereon, and any special facts or circumstances relating thereto. [Rule 5.] Allowance of Costs by Judge. 7. The order- of the judg« required for the allowance of any of How order the following items in the scales, viz., items 3, 31, 70, 86, 91, 92, ula/costs' 93, 94, and 95, or for the allowance of any particular costs under to be made any of the County Court Rules, shall be a special order made tained. 256 Oedkr LIII. 51 & 52 Vict. c. 43 s. 119. upon consideration of the facts of the particular case, and not a general order ; and the application for such allowance, or for any certificate under section one hundred and nineteen of the Act, shall be made at or immediately after the trial or hearing ; and if not so made shall not afterwards be entertained, unless the judge for good cause otherwise orders. [Rule 6, altered.] AUowan^ of special items in certain cases. 8. The judge may, in his discretion, in any action under section sixty-four of the Act, or under the Employers Liability Act, any action or matter remitted from the High Court, any action or matter commenced under the Admiralty or equitable jurisdiction of the court, or any action of ejectment or in which title to any corporeal or incorporeal hereditaments comes in question, order that any of the following items mentioned in the scale of costs shall be allowed to the party in whose favour the order is made, in addition to or in substitution for, as the case may be, the costs to which he would otherwise be entitled, viz., items 31, 70, 86, and 93. [Rule 7.j Judge's 9. Where the judge certifies under section one hundred ;ind nineteen for costs. '^^ *^^ ^^^^ *^^ certificate shall be entered at the end of the minutes 51 & 52 of the court of the day on which it is given, and shall be signed by 8. n'g?' * the judge. [Rule 8. J Solicitor's costs where counsel allowed before arbitrator, &o. Item U2. 10. Where the judge certifies for counsel under item 92, there may be allowed to the solicitor instructing such counsel, in addition to items 80 and 81, such items as may be allowed where the judge certifies for counsel on any interlocutory motion or application. [Rule Qb, June, 1896.J As to Scale. In special actions. 51 & 52 Vict. c. 43 ss. 59-61, 133. 11. In actions in which a perpetual injunction is claimed, whether the same is granted or not, and in actions under sections fifty-nine, sixty, sixty-one, and one hundred and thirty-three of the Act, the judge may order the costs to be taxed under Column A., B., or C, and in default of any such order they shall be taxed under Column B. [Rule 9. J 257 12. In proceedings under sections sixty- seven and seventy of the '^^^t'^ Act, or under the Settled Land Acts, 1882 to 1890, or in any other proceedings under the equitable jurisdiction of the court, where the ^°^!'^ i^ subject matter does not exceed twenty pounds, the judge may order proceed- the costs to be taxed under Column B.l [Substituted for Kule 9a, g^^^g^ ^""^ April, 1895. matter does not exceed 201. 13. The costs in actions under sections one hundred and thirty- Actions for eight and one hundred and thirty-nine of the Act shall be taxed, of^pogg"^. in the case of a plaintiff, on the scale applicable to the rent or value sion. of the premises upon which the court fees are assessed, plus the yict. c. 43. amount of any rent and mesne profits recovered ; and in the case of ^^- 13^» 139. a defendant on that applicable to the said rent or value, plus the amount of the rent and mesne profits claimed. [Rule 10.] 14. Costs in actions under section sixty-four of the Act shall be Jurisdiction •' by consent. taxed under Column C, unless the judge otherwise orders. [Rule 11. J ^i & 52 viot. Ci idm S, 04. • 15. The " subject matter " in an interpleader proceeding shall ^?*®^' mean- (1) in the case of a claimant the amount of the value of the proceed- goods his claim to which is allowed, plus the amount of the damages ^^^^' (if any) adjudged, (2) in the case of an execution creditor the amount of the value of the goods seized, plus the amount of the damages (if any) claimed, and (3) in the case of a high bailiff, the amount of the damages claimed. [Rule 12.] 16. Where a counter-claim is raised and tried, unless the judge Costs otherwise orders, the scale upon which the costs of the parties are ^^^^er- to be taxed shall be determined as follows : — claim raised and (1.) If the plaintiff is successful on both claim and counter-claim, by tried. the amount which he recovers on his claim, unless the [Rule 13.] amount of the defendant's claim is the larger, in which case the costs incurred subsequently to the delivery of the counter-claim shall be determined by the amount of such counter-claim. (2.) If the defendant is successful on both claim and counter-claim, by the amount Avhich he recovers on his counter-claim, or the amount of the plaintiff's claim, whichever may be the larger. 8776 R Order LIII. Where plaintiff recovers less than claim. 258 (3.) If both parties are successful, by the amounts which they recover on their respective claims ; and i£ both claims fail, by the amount claimed by the opposite party. 17. Where the demand is unliquidated, and the plaintiff recovers less than the amount claimed, the judge may order that his costs be taxed on the scale applicable to the amount claimed, or any inter- mediate scale. [Rule 14. J Defend- 18. Where the costs of a defendant are being taxed, the word an s cos s, << recovered," wherever it occurs in the scale, shall be deemed to be "claimed." [Rule 15.J Fees where 19. Where the plaintiff or defendant recovers less than the amount recovers °' ^^® claim or counter-claim, so as to reduce the amount of court less than fees recoverable by him, he shall pay the difference. [Rule 16, he claims. . , , revised. J No costs allowed if not sanc- tioned by scales. General Directions. 20. Costs not sanctioned by the scale are not to be allowed, except in cases expressly provided for by these rules, and costs are not to be allowed as between the parties to an action in respect of searching for payments into court nor in respect of any proceedings to enforce payment of a judgment or order by way of execution against, the goods or commitment under the Debtors Act, 1869, sa^'e as provided in Order XXV., Rules 53 and 54. [Rule 17.] Discretion 21. When under the scales or rules a discretion as to the allowances trars.^^^' *° ^^ made is vested in registrars, they are required to exercise such discretion with care and discrimination, and strictly in accordance with the particular directions set forth in the scales and rules. [Rule 18. j When costs 22. No costs which are to be paid or borne by another party shall s^nTin- ^® allowed which do not appear to the registrar on taxation to have curred. been necessary or proper for the attainment of justice or for defending the rights of the party incurring the same, or which appear to such registrar to have been incurred through over caution, negligence, or mistake, or merely at the desire of such party. [Rule 19.] 259 la particular, where a party employs a solicitor who does not reside Order or carry on business in or near the district of the court, no costs for ' locomotion or maintenance of such solicitor shall be allowed unless Where the court is satisfied that there was reasonable cause for employing from a such solicitor. [New.] distance ■- -■ employed. 23. All fees or allowances which are discretionary shall, unless Discre- otherwise provided, be allowed at the discretion of the registrar tio^ary on taxation, who, in the exercise of such discretion, shall take into allow- consideration the other fees and allowances to the solicitor and *'^^®^- counsel, if any, in respect of the work to which any such allowance applies, the nature and importance of the action or matter, the amount involved, the interest of the parties, the fund or persons to bear the costs, the general conduct and costs of the proceedings, and all other circumstances. [Rule 20. J 24. Where two or more defendants are joined and judgment is Where given separately against each with costs, the costs shall, unless the separate ° r J o ' ) judgments judge otherwise orders, be apportioned according to the respective against amounts of each judgment. [Rule 21.] antr**" 25. Where a solicitor who is a plaintiff or defendant appears in Costs of person and is allowed costs he shall be entitled on taxation to the solicitor . .... appearing same costs as if he had employed a solicitor, except in respect of items in person which the fact of his acting directly renders unnecessary. [New ; see ^^ ddfen- London Scottish Benefit Society v. Chorley. 12 Q.B.D. 452; 13 ib. dant. 872.] 26. Where a party appearing by counsel is allowed costs, but the Costs of costs of employing counsel are not allowed, the costs of the soUcitor ^^'"^ instructing counsel may be allowed on the scale which would have counsel been -applicable if the solicitor had appeared for his client without ^^4'^°'^^ counsel. [New.] allowed. 27. A folio shall comprise seventy -two words, every figure com- Folio, prised in a column or authorised to be used counting as one word. [Rule 22.] 28. When any real property is directed to be sold, the ordinary gale of real conveyancing charges shall be allowed, [Rule 23.] property. 8T76 R 3 260 Order LIII. Costs of person in fiduciary, &c. position. 29. Where in the course of an action or matter a party suing or sued in a fiduciary or representative character necessarily incurs costs not allowable upon taxation under any scale, the registrar shall apply to the judge, who may, by an order to be filed with the proceedings, allow such a sum as he may think fit for such costs to be paid out of any funds in court applicable to the purpose. [Rule 24. J of estate ^^' '^^^ costs occasioned by any unsuccessful claim or unsuccessful resistance to any claim to any property shall not be paid out of the estate unless the judge otherwise directs. [New ; R.S.C. Order LXV., Rule Ua.] 31. The costs of inquiries to ascertain the persons entitled to any legacy, money, or share, or otherwise incurred in relation thereto, shall be paid out of such legacy, money, or share, unless the judge otherwise directs. [New ; R.S.C. Order LXV., Rule 146.] Costs as regards particular shares. some shares. Distribu- 32. Where some of the persons entitled to a distributive share of a tion not to . _ be delayed fund are ascertained, and difficulty or delay has occurred or is likely to by difficul- occuj. j^ ascertaining the persons entitled to the other shares, the judge may order or allow immediate payment of their shares to the persons ascertained without reserving any part of those shares to answer the subsequent costs of ascertaining the persons entitled to the other shares ; and in all such cases such order may be made for ascertaining and payment of the costs incurred down to and including such pay- ment as the judge may think reasonable. [New ; R.S.C. Order LXV., Rule 14c.J Disallow- ance of costs of Improper, vexatious, or unneces- sary matter in docu- ments or proceed- ings. 33. The judge may, at the hearing of any action or matter, or upon any application or proceeding in any action or matter, and whether the same is objected to or not, direct the costs of any affidavit, evidence, notice, or other proceeding, or any part thereof, which is improper, vexatious, unnecessary, or contains vexatious or unnecessary matter, or is of unnecessary length, or is caused by misconduct or negligence, to be disallowed, or may direct the registrar to look into the same and to dis9,llow the costs thereof, or of such part thereof as 261 he shall find to be improper, unnecessary, or vexatious, or to contain ohdbr unnecessary matter, or to be of unnecessary length, or to have been LIII. caused by misconduct or negligence ; and in such case the party whose costs are so disallowed shall pay the costs occasioned thereby to the other parties ; and in any case where such question has not been raised before and dealt with by the judge, it shall be the duty of the registrar to look into the same for the purpose aforesaid, and thereupon the same consequences shall ensue as if he had been specially directed to do so. [New ; R.S.C. Order LXY., Rule 27 (20).] 34. In any case in which, under the last preceding rule, or any Set-off of other rule, or by the order or direction of the judge, or otherwise, a party entitled to receive costs is liable to pay costs to any other party, the registrar may tax the costs such party is so liable to pay, and may adjust the same by way of deduction or set-off, or may, if he thinks fit, delay the allowance of the costs such party is entitled to receive until he has paid or tendered the costs he is liable to pay ; or such registrar may allow or certify the costs to be paid, and direct payment thereof, and the same may be recovered by the party entitled thereto in the same manner as costs ordered to be paid may be recovered. [New ; R.S.C. Order LXY., Rule 27 (21).J 35. If on the taxation of a bill of costs payable out of a fund or Disallow- estate (real or personal) the amount of the professional charges -v^hei-e bill ' contained in the bill is reduced by a sixth part, no costs shall be reduced by . a sixth, allowed to the solicitor leaving the bill for taxation for drawing and copying it, nor for attending the taxation. [New ; R.S.C. Order LXV., Rule 38b.] 36. Where in any action or matter any bill of costs is directed to Delivery of be taxed for the purpose of being paid or raised out of any fund or ^l" *° property, the court may, if it considers that there is a reasonable where ground for so doing, require the solicitor to deliver or send to his p^id out of clients, or any of them, fi-ee of charge, a copy of such bill or any part a fund, thereof, previously to the registrar completing the taxation thereof, accompanied by any statement the court may direct, and by a 262 Ordbb LIII. letter informing such client that the bill of costs has been referred to the registrar for taxation, and will be proceeded with at the time the registrar has appointed for this purpose, and the court may suspend the taxation for such time as it may consider reasonable. [New ; R.S.C. Order LXV., Rule 56.] Witnesses. Allowances to witnesses for attend- ance. Appen- dix, Part ly. 37. Subject to the following rules, allowances may be made to witnesses for their attendance at court according to the scales in Part IV of the Appendix. [Rule 25.] Plaintiff not entitled except in certain cases. 38. Where a witness is a plaintiff in the action or matter he shall not be entitled to any allowance, except for travelling, unless he is a domestic or menial servant, a labourer, a servant in hus- bandry, a journeyman, an artificer, a handicraftsman, a miner, or any person engaged in manual labour, or unless the judge in any particular case otherwise orders. [Rule 26.] Travelling 39. There may be also allowed to all wiinesses, and to plaintiffs expenses, ^nd defendants if personally attending the court, for travelling expenses, the sums actually and reasonably paid by them. [Rule 27.] When at- 40. If witnesses attend in more than one action or matter they more^han ^'^^^^ ^^ allowed a proportionate part only of their allowances in each one case, action or matter. [Rule 28.J Costs of witnesses not sum- moned. 41. The costs of witnesses, whether they have been examined or not, may, unless otherwise ordered, be allowed, though they have not been summoned. [Rule 29.] Compensa- tion to seamen. 42. Seamen necessarily detained on shore for the purpose of an action or matter shall be allowed such remuneration as the judge may order, or, in the absence of an order, as the registrar may think reasonable compensation for their loss of time. [Rule 30.] 263 43. In any action or matter in which a party is entitled of right, Order or by order of the judge, to tax his costs under Columns B. or C, the J^_ ' judge may order that any expert or scientific witnesses may be Allowances allowed for qualifying to give evidence and for attending the trial or scientific such sums (in addition to travelling expenses to attend the trial) as "witnesses. the registrar on taxation may think fit, not exceeding the maximum allowances mentioned in the scale of allowances to " expert and scientific witnesses " in the Appendix ; and in like cases the judge, subject to the provisions of the next rule, may order that the expense of preparing and proving plans, drawings, models, &c., shall be allowed. [Rule 31. J 44. Persons who prepare plans, drawings, models, &c. for the Allowances purpose of illustration, and who if called at the trial prove the for proof ^ ^ ' . 10 ^^^ costs correctness of such plans, drawings, models, &c. only, shall not be ofplans,&c. entitled to allowances as expert and scientific witnesses, but shall be allowed for their attendance upon the scale applicable to ordinary witnesses ; and there may be also allowed for the preparation of such plans, drawings, models, &c. and of all tracings and copies thereof, the sum reasonably paid for the same, so long as it does not exceed the Slims mentioned in item 95 of the scale of costs. [Rule 32.J TTie Rivers Pollution Prevention Acts, 1876 and 1893. 45. (1.) Proceedings under the Rivers Pollution Prevention Acts, Costs 1876 and 1893, shall be within Rule 8 of this Order. Rivera Pol- (2.) If the judge certifies in writing that any such proceedings l^^^^^^ "^* involved some novel or difficult point of law, or that the question Acts. litigated was of importance to some class or body of persons, or was Yid c 75 of general or public interest, and the costs are taxed under Column C, •'>6 & 57 Vict c ^1 the following provisions shall apply : — (a.) The fees allowable under items 70 to 73 may be increased, at the discretion of the registrar, subject to review by the judge, or by special order of the judge under Rule 8 of this Order, to any sums not exceeding the following, that ia to say : — Item 70 may be increased to ... ... £5 5*. Items 71 to 73 may be increased to ... £3 3^. 264 Order (b.) Reasonable fees may be allowed to counsel in excess of those J ' mentioned in items 85 to 94 in respect of the matters referred to in such items ; and where more counsel than one are retained, reasonable fees may be allowed to such additional counsel, and for consultations, and to solicitors for additional briefs and attendances on counsel with the same, and for appointing and attending consultations ; and reasonable fees may also be allowed for plans, charts, or models in excess of those mentioned in item 95 ; and also reasonable additional allowances to expert and scientific witnesses for qualifying to give evidence and attending the court on the trial, at the discretion, in each case mentioned in this paragraph, of the registrar, subject to review by the judge, or by special order of the judge under Rule 8 of this Order. (3.) Where proceedings are taken under the said Acts for which no provision is made by the scales of costs, reasonable costs may be allowed in respect of such proceedings by the registrar, subject to review by the judge, not exceeding those which may under the scales or this rule be allowed in respect of proceedings of a like nature. [Rule 33, May, 1899,j Taxation as between Solicitor and Client. Taxation as 46. ^1.) An application to the registrar under section one solicitor hundred and eighteen of the Act for the taxation of any costs and ^?^°^^'^*' charges as between solicitor and client shall be made in writing, and Vict. c. 43. shall state on whose behalf the application is made. s. 118. [New. J (2.) On receipt of such application the registrar shall fix a time and place for proceeding with such taxation, and shall give or send by post to the applicant and the other party notice in writing of the time and place so fixed three clear days at least before the day so fixed. (3.) Rules 5 and 6 of this Order shall apply to any such taxation. 6 & 7 Vict. (4.) The costs of such taxation shall be dealt with by the registrar ■ ' " "^ ■ in accordance M'ith the provisions of the Solicitors Act, 1843, and shall be added to or deducted from the amount certified to be due. [New.] 265 Review of Taxation by Judge. Order LIII. 47. An application to the judge to review any taxation of costs — — shall be made on notice in writing in accordance with the rules for the ^j^^ j^j. time being in force as to interlocutory applications. Such application review of; shall be heard and determined upon the evidence which has been judge. brought in before the registrar, and no further evidence shall be received on the hearing thereof unless the judge otherwise directs. [New ; R.S.C. Order LXV., Rules 41, 42.] ORDER LIV. Order LIV. General Provisions. 1. Where by these rules any act may be done by any party, such Party may act may be done either in person or by his solicitor, or by an agent, *?* ^^ ^°^^'' where it can be legally done by an agent. [Order LI., Rule l.J agent. 2. Any notice, proceeding, or document required by these rules Service of to be served on any party, and as to which no mode of service is ?°*^°®?' prescribed by these rules, may be so served by delivering the same to no mode of the person on whom it is to be served, or by delivering the same at prescribed the residence or place of business of such person, or by sending the [New.] same by post addressed to such person at his last-known residence or place of business ; and any such notice, proceeding, or document, if served by post, shall, unless the contrary be proved, be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post, and in proving the service of such notice, proceeding, or document, it shall be sufficient to prove that the same was properly addressed and posted : Provided that for the purposes of this rule a place of business shall not be deemed to be the place of business of the person to be served unless he is the master or one of the masters thereof. [New.] 3. Where a party acts by a solicitor, any document, notice, or pro- Service by ceeding required to be served by or upon such party may be served by °''j?P°'^ or upon such solicitor, except in cases where by these rules personal acting for service upon a party is required ; and service of any such document, P*"^' 266 Order LIV. notice, or proceeding upon such solicitor^ or delivery of the same at his office, or sending the same to him by post prepaid, shall be deemed to be good service upon the party for whom such solicitor acts, as upon the day when the same is so served or delivered, or upon which in the ordinary course of post it would be delivered. Provided that the provisions of this rule shall not extend to any default or judgipent summons, nor except as provided by Order VII., Rule 12, to any ordinary summons. [Rule 2a, Feb., 1892.J Solicitor may give notice that he is acting. Service hy or on such solicitor. 4. A solicitor acting for a party in any action or matter may give notice in writing by post or otherwise to the registrar and to the other party, or his solicitor, that he is so acting, whereupon service of any document, notice, or proceeding whatsoever authorised by these rules to be served by or upon a solicitor so acting shall be served by or upon such solicitor accordingly, and he shall be deemed to be the solicitor acting for the party on whose behalf he has given such notice, until notice of change of solicitor has been duly given. Provided that where the plaint is entered by a solicitor acting for the plaintiif, and the particulars have been duly signed by him or on his behalf as provided by Order VI., Rule 9, or where a notice of defence, set ofF, or counterclaim is signed by or on behalf of a solicitor acting for a defendant, no further notice need be given under this rule. [Rule 3. J Practice on 5. Where a solicitor undertakes the service of any process, he shall service by ^q^q ^j^g necessary copies of each process, and the registrar shall seal the same and return them to the solicitor for service. [Rule 4,] Change of 6. Subject to the provisions of section seventy-two of the Act pro- 51 & 52 hibiting the retainer of a solicitor as an advocate by the solicitor acting Vict. c. 43. generally in an action or matter for any party, any party who acts by Notice. solicitor may change his solicitor without any order for that purpose, but when any such change is made he shall give forty-eight hours notice Form 352. in writing to the registrar and to the other parties to the action or proceedings or the solicitors, if any, acting for them, of such change, and of the name or firm and place of business of the new solicitor, and the registrar shall file the notice given to him ; but 267 until such notice ia filed and a copy thereof served the former solicitor Order LIV shall be deemed to be the solicitor of the party. [Rule 5. J ' 7. No solicitor shall be allowed to appear for any person in a Solicitors court until he has signed a roll or book to be kept for that purpose to sign a by the registrar, but no fees shall be payable for that purpose ; and any solicitor appearing in any court shall, once in every year, if required by the registrar, produce his certificate for the year to the registrar, who shall note the fact of such production on the roll or book. [Rule 7. J ^ 8. It shall not be necessary for any party to give notice to any No notice other or to the court of his intention to employ a barrister or g^^of ' solicitor to act as his advocate at the trial, and the allowance of counselor costs for such barrister or solicitor shall not be aiFected by such want required, of notice. [Rule 8. J 9. The court shall order in what newspapers any advertisements News- which may from time to time be ordered in any action or matter P^'Pei" . "^ . adrertise - shall be inserted ; and the expense of such advertisements shall be ments. paid to the registrar by the party requiring the same before they are inserted. [Rule 9.] 10. All advertisements to be inserted in the London Gazette, except Advertise- as to proceedings under Order XXXIX. or Order XLI., Rule 12, P^^nts for . London shall be transmitted by the registrar for insertion to the Registrar of Gazette. County Courts Judgments in London. [Rule 10a, Feb., 1892. j 11. The judge, or in his absence the registrar, may order which Conduct of party shall have the conduct of proceedings in any action or matter, ^c*'""^' [Rule ll.J 12. ^Parties may by consent enlarge or abridge any of the times Enlarge- fixed by these rules or by statute for taking any step or filing any ™®^* ^^ document, or giving any notice, in any action or matter. Where ment of such consent cannot be obtained, either party may apply to the court, on notice to the non-consenting party, for an order to effect the object sought to have been obtained with the censent of the 268 Order LIV. other party, and such order may be made although the application for the order is not made until after the expiration of the time allowed or appointed, and on such terms, as to costs and otherwise, as the court may direct. [Rule 12, revised.] Filing of docu- ments and copies for service. 13. Where particulars or documents are directed to be filed, they shall be filed with the registrar, together with as many copies thereof as there are parties to be served, and the names, addresses, and descriptions of such parties, and if required an additional copy for the use of the judge. [Rule 15. J Sealing of 14. Before any summons, notice, or other document, or any copy ments. thereof, is issued by the registrar, the same shall be sealed with the seal of the court. [Rule 16.] Notices to be in ■writing. 15. All notices required by these rules shall be in writing, unless expressly authorised by the court to be given orally. [New ; R.S.C. Order LXVL, Rule 1.] Form of notices. 16. Where by these rules any party is required to give notice according to a form mentioned in the Appendix, it shall be sufficient if the notice given complies substantially with such form. [Rule 17.] Computa- tion of 17. Where anything is required by these rules to be done within . n X a period not exceeding forty-eight hours, no part of any Sunday exceeding or day on which the offices of the court need not be open under these hours, pjj^gg oj. under any order of the Lord Chancellor shall be included in the computation of such period. [Rule 18.] When time for doing any act expires on day when ofiQces are closed. 18. Where the time for doing any act or taking any proceeding expires on a Sunday or other day on which the offices of the court are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or takiag the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open. [Rule 19. j 269 19. No summons, warrant, or other process (except a summons Order in rem or a warrant of arrest in an Admiralty action) shall be served ■ or executed on Sunday, Christmas day, Good Friday, or on any day '^^en pro- , _ _ CGBB mdy appomted by royal proclamation for a public fast, humiliation, or not be thanksgiving ; nor need any summons, warrant, or other process be served, and served or granted on any day on which the offices of the courts need be issued. not be open under these rules or_ under any order of the Lord q ^ the Chancellor ; but such days shall be counted in the computation of tion of time required by these rules in respect of service. [Rule 20, revised.] gOTvice.^ 20. All letters, notices, documents, or process sent by post by Trans- or to the officers of the courts, or by or to parties in any action or ^JtSes'&f matter, shall be prepaid, and shall not be sent by book post, by post. [Rule 21.] 21. All notices which may be sent by ])ost to the office of a Notices by- registrar shall be taken to have been duly delivered on the day on vered after which they should have been delivered, if they are delivered at the office . p hours, office of the registrar before the opening thereof on the following day. [Rule 22.] 22. All proceedings and documents shall' be in forms similar to the Use of forms in the Appendix, where the same are applicable ; and in cases Appendix where such forms are not applicable, or where no forms are provided. Where no parties shall frame the proceedings or documents, using as guides the prescribed, forms contained in the Appendix. [Rule 24.] 23. No practice shall prevail in any court which shall be Rules and inconsistent with these rules, nor shall any matter be added to or adhered tot taken from any form in the Appendix, whereby any obligation shall be imposed upon any suitor or any officer of the court to which he is not liable under statute or these rules, or otherwise by law. [Rule 27, altered.] 24. Non-compliance with any of these rules, or with any rule of pUance™* practice for the time being in force, shall not render any proceedings "^^^^ vules void unless the court shall so direct, but such proceedings may be render set aside either wholly or in part as irregular, or may be amended or proceed- " ingsvoid. 270 RDER otherwise dealt with in such manner and upon such terms as the ' court may think fit. [Rule 28.] Applica- 25. Applications to set aside proceedings for irregularity may be aside pro- ^^^^ to the court on notice in manner prescribed by Order XII., ceedings Rule 11. No application to set aside any proceeding for irregularity for irregu- i n i n i b j larity. snail be allowed unless made within a reasonable time, nor if the party applying has taken any fresh step after knowledge of the irregularity. Where any such application is made, the several objections intended to be insisted upon shall be stated- in the notice. [Rule 29, altered : see R.S.C. Order LXX., Rule .S.J Duplicate 26. In the event of any warrant, order, or other document issued by &c., lost or t'^^ court being lost or destroyed, a duplicate thereof may be issued destroyed, from time to time upon proof, by affidavit or otherwise, to the satisfaction of the registrar, of such loss or destruction. [Rule 24a, May, 1899.J Order LV. ORDER LV. Interpretation of Terms. Interpre- Jn the construction of these rules, words importing the singular tation. , . , n n , , 1 , . ■■,.-,-, number mclude the plural, and words importmg the jilural number [Order include the singular, and words importing the masculine gender include females, and, unless there is anything in the subject or context repugnant thereto, words have the same meaning as in the Act, and the several words hereinafter mentioned or referred to have or include the meanings following : — " The Act " means the County Courts Act, 1888 : " Clear days " means that in all cases in which any particular number of days is prescribed for the doing of any act, or for any other purpose, the same is .to be reckoned exclusive both of the first and of the last day ; " Court " includes a judge or registrar exercising the powers of the court in chambers as well as in open court j 271 "Default summons'' means a summons which is issued on the ORi^ftliV entry of a plaint, and is required by statute or rule to be served personally ; [Feb. 1892. J " Foreign court " means the court of a district into which process is issued from another court ; "High bailiff" means, if there be more than one high bailiff to a court, either of such high bailiffs ; " Home court " means the court from which process is originally issued ; " Home district " means the district of the home court : and " foreign district " means the district of the foreign court ; " Judgment " means the final decision of the court in any action ; "Metropolitan court" means any court referred to in section eighty-four of the Act, and includes also the Bow County Court of Middlesex ; [New.] " Month " means calendar month ; " Oath " and " affidavit," in the case of persons for the time being allowed by law to attest upon honour, affirm, or declare, instead of swearing, include attestation upon honour, affirma- tion, and declaration, and " swear" in the like case includes attest upon honour, affirm, and declare; [Substituted for definition of " affidavit."] " Order " means the final decision of the court in any matter, and also any decision of the court other than a final decision in any action or matter, and also the decision of the judge or registrar on any interlocutory application ; " Ordinary summons " means a summons which is issued on the entry of a plaint, and is not required by statute to be served personally ; [Feb. 1892.J " Treasurer " includes any person appointed by the Treasury to perform the functions of treasurer ; " Trial " means the hearing of any action or matter in court ; " Vessel " includes every description of vessel used in navigation not propelled by oars only. ?72 We, Alfred Maetineau, Henry John Stonob, Richard Haeington, William Lucius Selfe, and William Cecil Smyly, being Judges of County Courts, appointed to frame Kules and Orders for regulating the Practice of the Courts and Forms of Proceedings therein, having, by virtue of the powers vested in us in this behalf, framed the foregoing Rules and Orders, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly. (Signed) ALFRED MARTINEAU. HENRY J. STONOR. RICHARD HARINGTON. WILLIAM L. SELFE. WILLIAM CECIL SMYLY. Approved, (Signed) HALSBURY, C. ALVERSTONE, C.J. J. H. JEUNE, P. R. VAUGHAN WILLIAMS, L. J. ARTHUR KEKEWICH, J. A. M. CHANNELL, /. R. J. PARKER. July 14, 1903. I allow these Rules, which shall come into force on the 1st day of January, 1904. (Signed) HALSBURY, C. 273 APPENDIX. Part I. Page, List of Forms ... ., 276 Reference Table, showing relation between old and new forms ... ... 290 Forms ... • 296 Part II. Forms of Books referred to in Order II. ... ... ... ... ... 577 Part III. Statutory provisions as to service of summonses on companies. (Order VII., Rule 26.) 593 Provisions of the Summary Jurisdiction Acts as to imprisonment in default or in lieu of distress to satisfy sums adjudged to be paid on summary conviction. (Order LII., Rules 3, 7.) 594 Part IV. Scales of Costs and Allowances to Witnesses 598 8775 275 APPENDIX. PART I. 8775 ^ ^ 276 LIST OF FORMS. Page. 1. General form of heading and conclusion of ail notices and admissions 296 2. General form of heading and conclusion of judgments, orders, and warrants 297 H. General form of heading and conclusion of affidavits ... ... ... 297 i. Memorandum to be made on any order or other document signed by one judge acting for another 297 5. Memorandum to be placed at foot of every summons, notice, judgment, order, warrant, or other process of the court 297 8. Praecipe for ordinary summons 298 7. Praecipe for default summons ... ... ... ... •. ... 299 8. (1) Affidavit for leave to issue ordinary summons against defendant out of the district i300 (2) Paragraph to be added where the proposed plaintiff is assignee of a debt 301 9. Affidavit for leave to issue default summons against defendant out of the district, where the amount claimed exceeds £5 301 10. Affidavit for leave to issue default summons against defendant out of the dfstrict, where the amount claimed does not exceed £5 ... 302 11. Affidavit of debt for issue of default summons against defendant within the district, where the amount claimed exceeds £5 ... ... 303 12. Affidavit of debt for issue of default summons against defendant within the district, where the amount claimed does not exceed £5... 304 13. Agreement to give jurisdiction to a, county court 305 14. Agreement not to appeal 305 15. Undertaking by next friend of infant to be responsible for defend- ant's costs 305 16. Bond for costs where plaintiff out of England 306 17. Undertaking by solicitor to be responsible for costs 306 18. Memorandum to be put on all plaint-notes ... ... ... ... 307 19. Plaint-note (ordinary summons) 307 20. Plaint-note (default summons) under sect. 86 of the County Courts Act, 1888 ... ... 308 21. Plaint-note (default summons) under the Summary Procedure on Bills of Exchange Act, 1855 308 22. Ordinary summons 309 23. Default summons under sect. 86 of the County Courts Act, 1888 ... 311 24. Notice by plaintiff of consent to accept instalments 313 25. Default summons under the Summary Procedure on Bills of Exchange Act, 1855 313 26. Particulars in action under the Summary Procedure on Bills of Exchange Act, 1855 .. 3^3 27. Letter to be sent with summons out of district ,,. 314 28. Letter to be sent with default summons out of district ... ... 3x4 29. Indorsement on copy of ordinary summons after service ... .. 314. 277 Page. .'JO. Notice of non -service of ordinary or judgment summons ... ... 315 iJl. Notice of doubtful service of ordinary summons 315 32. Indorsement on copy of summons served or to be served on a company registered under the Companies Acts, 1862 to 1900 ... 315 33. Notice of doubtful service of summons on company registered under the Companies Acts, 1862 to 1900 316 34. Indorsement on copy of default or judgment summons after service... 316 35. Notice of service of default summons 316 36. Notice of non-service of default summons ... ... ... ... 316 37. Affidavit of service of default summons 317 38. Notice of day of trial where notice of defence given ... ... ... 317 39. Notice to defendant of day of trial , 317 40. Notice of leave given to defend 318 41. Notice to defendant of day on which action is to be tried upon leave being given to defend 318 42. Bond under the Summary Procedure on Bills of Exchange Act, 1855 318 43. Affidavit in support of application for substituted service 319 44. Order for substituted service 320 45. Substituted service. — Notice in papers 320 46. Order for leave to proceed as if service had been effected of default summons ... ... ... ... ... ... ... ... ... 321 47. Order for service on defendant out of England and Wales 321 48. Notice to accompany summons to be served on defendant out of . England and Wales 321 49. Notice of summons in lieu of service of summons to defendant out of England and Wales 322 50. Affidavit on application on behalf of infant or person of unsound mind for appointment of guardian ac? M^em ... ... ... ... 322 51. Order appointing guardian a(i K^em 323 52. Notice to plaintiff of appointment of guardian ati Kfew 323 53. Notice to plaintiff where no application made on behalf of infant or person of unsound mind for appointment of guardian otZ Wfem ... 323 54. Application by plaintiff for appointment of guardian ad litem to defendant who is an infant or a person of unsound mind 324 55. Affidavit in support of application by plaintiff for appointment of guardian oc? izYem to defendant 324 56. Order appointing guardian (w? Zifem on application of plaintiff ... 325 57. Order appointing guardian ad litem named by infant defendant appearing at the trial 326 58. Order appointing guardian ad litem of infant defendant appearing at the trial and not naming a guardian ... ... ... ... ... 326 59 Order for consolidation .. 326 60. Undertaking by defendant applying for stay of proceedings 327 61. Order to stay proceedings 328 62. Notice to other plaintiffs of judgment in selected action ... ... 328 63. Notice of discontinuance of action ... ... ... ... ... 329 64. Order for costs against plaintiff on discontinuance ... 329 65. Admission of claim or part of claim under sect. 98 of the County Courts Act, 1888 330 278 Page. 66. Affidavit of signature to admission under sect. 8 of the County Courts Act, 1888 330 67. Notice to plaintiff of admission of claim under sect. 98 of the County ^ Courts Act, 1888 330 68. Notice to plaintiff of admission of part of claim under sect. 98 of the County Courts Act, 1888 331 69. Consent under sect. 99 of the County Courts Act, 1888 331 70. Affidavit of signature to consent under sect. 99 of the County Courts Act, 1888 331 71. Defendant's admission ... ... ... ... ... ... ... 332 72. Affidavit of signature to defendant's admission 332 73. Notice of payment into court of whole claim 332 74. Notice of payment into court of part of claim ... ... ... ... 333 75. Notice of payment into court with denial of liability ... ... ... 333 76. Notice of acceptance of sum paid into court or to plaintiff ... ... 334 77. Order against defendant or garnishee paying money into court or to plaintiff for payment of further costs 334 78. Notice of objection to trial of counterclaim under the Supreme Court of Judicature Act, 1884, sect. 18 334 79. Notice of objection to trial of action under sect. 62 of the County Courts Act, 1888 335 80. Affidavit to obtain certificate of judge under sect. 63 of the County Courts Act, 1888 335 81. Notice to plaintiff of grant of certificate by judge ... ... 335 82. Bond where notice of objection to trial given under sect. 62 of the County Courts Act, 1888 336 83. Defendant's statement 337 84. Notice of set-off or counterclaim 337 85. Notice of special defence ... ... ... ... ... ... ... 338 86. Notice to be given by defendant under the Libel Act, 1843, 6 & 7 Vict. c. 96. s. 1. in an action for libel or slander remitted for trial in a county court ... ... ... ... ... ... ... ... 339 87. Notice to be given by defendant under the Libel Act, 1843, 6 & 7 Vict. c. 96. s. 2. in an action for libel remitted for trial in a county court 339 88. Notice by defendant to third party 34O 89. Notice to defendant of non-sufficiency of affidavit under Order XII. Rule 9 341 90. Notice to plaintiff to deposit sum in court under Order XII., Rule 9 341 91. Notice to defendant of deposit under Order XII., Rule 9, having been made, or not having been made .. . ... ... ... ... ... 34^ 92. Order to adjourn proceedings ... ... .. ... ... ... 34^ 93. Notice of postponement of trial ... ... ... ... ... ... 34^ 93a. Order of adjournment where court is in doubt whether service of summons has come to knowledge of defendant 342 94. Order adding defendant 3^2 95. Notice to parties whose names are added as defendants 342 96. Order for defendant to defend on behalf of others having the same interest 342 97. Notice to plaintiff that defendant defends on behalf of others ... 343 279 Page. 98. Notice to persons on whose behalf defendant has obtained leave to defend 343 99. Notice of application for directions 343 100. Order for directions 343 101. Notice of day of trial under Order XV 344 102. Order for delivery of interrogatories 344 103. Interrogatories ... ... ... ... ... ••. ... •■• 344 104. Answer to interrogatories 344 10.5. Order for oral examination for insuificient answer to interrogatories... 345 106. Order for affidavit as to documents 345 107. Affidavit as to documents 345 108. Order to produce documents for inspection 346 109. Notice to produce documents for inspection 346 110. Notice to inspect documents 347 111. Notice to admit and inspect 347 112. Notice to produce (general form) 348 113. Notice to admit facts .... ... ... ... .-. ••• ... 348 114 Admission of facts, pursuant to notice 349 115. Notice to registrar of change in plaintifE's title before judgment ... 349 116. Notice to registrar of change in plaintifE's title before judgment, where such charge affects more actions than one ... ... ... 350 117. Notice to defendant of change in plaintifE's title before judgment ... 351 118. Order to continue proceedings against a new partj ..■ 351 119. Notice to party against whom proceedings ordered to be continued ... 351 120. Order for transfer 352 121. Notice by court, to which action has been transferred, of day of trial 352 122. Consent that court shall decide in an action where title has incidentally come in question ... 352 123. Summons to witness to give evidence 353 124. Summons to witness to produce documents ... .. . . ... 353 125. Affidavit of service of summons on witness ... •• ■• ••• 353 126. Order under sect. Ill of the County Courts Act, 1888, fining witness for non-attendance, &c 354 127. Warrant of execution against goods of v/itness for fine ... ... 355 128. Commitment in default of distress for fine on witness under sect. Ill . . . 356 129. Commitment in lieu of distress for fine on witness under sect. 111... 357 130. Affidavit to obtain order to bring up prisoner to give evidence ... 357 131. Order to bring up prisoner to give evidence •■ 358 132. Order for examination of witnesses before trial .. . ... ••• ••• 358 133. Notice by registrar rejecting affidavit 359 134. Order of reference ... ... ... ... ... • • • • • • • • • 359 134a. Precedent for award on reference 360 135. List of gentlemen who have consented to act as assessors under sect. 103 of the County Courts Act, 1888 ... 361 136. Application for assessors 361 137. Summons to assessor 362 138. Notice to opposite party of names of assessors suggested by party applying that action should be tried with their assistance 363 139. Notice of sitting (o hear objections raised by one party to assessors named by the other .*. ... ■" ■" ■■■ ■■ 363 280 Page. 140. Order upon hearing objections to proposed assessors o63 141. Notice of refusal to summon assessors 364 142. Notice requiring a jury 364 143. Registrar's notice of jury o64 144. Summons to juror 364 145. Order fining juror for non-attendance ... ... ... ••• •■■ 365 146. Warrant of execution against goods of juror for fine 365 147. Order for costs of day where rule for certiorari or prohibition has not been served 366 148. Order for costs of day where writ of certiorari or prohibition has not been lodged 366 149. Order for costs to defendant, where plaintiff does not appear 367' 150. Judgment for defendant, or nonsuit 367 151. Judgment for plaintiff 367 152. Judgment where a counterclaim has been made 369 153. Order to suspend judgment or order 369 154. Order for new trial ... .. ... ... •■• . • ••• ••■ 369 155. Certified copy of judgment or order 370 156. Notice of payment into court under judgment or order 371 157. Order altering judgment or order 371 158. Order to proceed after death of plaintiff after judgment 372 159. Order to proceed after death of plaintiff after judgment, where sach order affects more actions than one ... ... ... ... ■■■ 372 160. Order to proceed after change of interest by assignment or otherwise after judgment ... ... ... ... ... ... .-• 373 161. Order to proceed after change of interest by assignment or otherwise after judgment, where such order affects more actions than one ... 373 162. Notice to be delivered or left on levy under warrant of execution against goods ... ... ... ... ... - . ... ... 374 163. Warrant of execution against goods of defendant ... ... ... 375 164. Warrant of execution against goods of defendant who is a married woman ... ... ... ... ... ... ... ... 378 165. Warrant of execution against goods of plaintiff ... ... ... 379 166. Receipt for money levied 380 167. Order under the Friendly Societies and other Acts 380 168. Order for warrant of execution to issue under the Friendly Societies and other Acts 380 169. Warrant of execution against goods under the Friendly Societies and other Acts 381 170. Notice of application for sale of goods otherwise than by auction ... 382 171. Notice of levy under execution in respect of a judgment for a sum exceeding £20 382 172. Notice of receiving order .. 383 173. High bailiff's warrant to registrar of foreign court 383 174. Notice of non-execution of warrant or order of conunitment ... 383 175. Return and certificate from foreign court ... ... ... ... 384 176. PraBcipe for judgment summons 384 177. Affidavit for leave to issue judgment summons against defendant out of the district 385 281 182. 183. 178. Judgment summons on a judgment or order of a county court 178a. Memorandum to be printed at foot of or annexed to judgment summons when travelling expenses are paid or tendered to the judgment debtor ... ... ... ... 179. Memorandum to be printed at foot of or annexed to every judgment summons issued pursuant to Order XXV., Rule 26, for service out of the district ... 18 . Affidavit where judgment summons is sought on a judgment or order of a court other than a county court 181. Judgment summons on a judgment or order of a court other than a county court Affidavit for leave to issue judgment summons on judgment or order against a firm, or a person carrying on business in a name other than his own... Affidavit for leave to issue judgmejit summons for service out of the district on judgment or order against a firm, or a person carrying on business in a name other than his own 184. Judgment summons on judgment or order against a firm, or a person carrying on business in a name other than his own . . Affidavit of service of judgment summons Order on judgment summons altering original judgment or order ... Order of commitment on judgment or order of a county court Indorsement of order of commitment s?nt to and issued by a foreign court Order of commitment on judgment or order of a court other than a county court Order on judgment summons on a judgment or order against a firm, or a person carrying on business in a name other than his own, -altering the original judgment or order Order of commitment on judgment summons on judgment or order against a firm, or a persou carrying on business in a name other than his own Notice to debtor where order of commitment made, but directed to be suspended Affidavit under Order XXV., Rule 43 Certificate under Order XXV., Rule 45 Certificate by registrar for discharge of judgment debtor Certificate of payment by prisoner 196. Request by creditor for discharge of prisoner ... 197. Certificate for discharge of prisoner at request of creditor 198. Affidavit for leave to summon garnishee... 199. Summons to garnishee 200. Notice to judgment debtor of payment into dourt by garnishee 201. Judgment on garnishee summons 202. Execution against garnishee 203. Notice of claim to goods taken in execution 204. Notice by execution creditor of admission of title of claimant 205. Notice to claimant setting up claim to goods taken in execution to . make deposit or give security Page. 387 185. 186. 187. 188. 189. 190. 191. 19lA. 192. 193. 194. 195. 388 388 389 389 390 391 393 394 395 396 398 398 400 402 404 405 406 406 406 407 407 408 408 410 411 412 412 412 282 Paare. 206. Interpleader Bummons to execution creditor 413 207. Iniierpleader summons to claimant setting up claim to goods or proceeds thereof 413 208. Interpleader summons to claimant setting up claim to rent in respect of the premises upon which execution was levied ... 414 209. Interpleader summons to execution creditor and high bailiff, where claimant claims damages as well as the goods seized ... ... ... 414 210. Interpleader summons to claimant setting up claim to damages as well as to the goods or the proceeds thereof 415 211. Particulars of claim under interpleader summons ... ... ... 416 212. Particulars of claim for rent under interpleader summons ... ... 416 213. Order on interpleader summons where claim is not established ... 417 214. Order on interpleader summons where claim is established ... ... 418 215. Order on interpleader summons where both goods and damages are claimed, and the claim to neither is established ... ... ... 420 216. Order on interpleader summons where both gpods and damages are claimed, and the claim to both is established .. . ... ... ... 421 217. Order on interpleader summons where both goods and damages are claimed, and the claim to the goods is, but that to damages is not, established 422 218. Order on interpleader summons where both goods and damages are claimed, and the claim to the goods is not, but the claim to damages is, established 422 219. Order on interpleader summons where both goods and damages are claimed, and money is paid into court in respect of the latter, and the claim to the goods is established, and the money paid into court is found to be sufficient to satisfy the damages ... ... ... 423 220. Order on interpleader summons where both goods and damages are claimed, and money is paid into court in respect of the latter, and the claim to the goods is established, and the money paid into court is adjudged insufficient ... ... ... ... ... ... ... 424 221. Warrant of execution against goods of claimant 425 222. Claim by execution creditor for damages against high bailifif 427 223. Order on claim for damages by execution creditor against high bailiff, where the claim is established ... ... ... ... ... ... 427 224. Order on claim for damages by execution creditor against high bailiff, where the claim is not established ... ... ... ... 428 225. Order on claim for damages by execution creditor against high bailiff, where the high bailiff pays money into court ... ... ... ... 428 226. AflBdavit by defendant sued by an assignee, who has had notice that the assignment is disputed by the assignor, or by defendant in action for debt, chose in action, or chattel, who has had notice of any opposing or conflicting claim 429 227. Interpleader summons to assignor or other person disputing assign- ment, or person making opposing or conflicting claim to debt, chose in action, or chattel sued for 430 228. Notice to plaintiff where interpleader summons issued to assignor or other person disputing assignment, or person making opposing or conflictiijg claim to debt, chose in action, or chattel sued for ... 431 283 Page. 229. Notice to defendant of issue of interpleader summons 431 230. Particulars of grounds on which assignment is disputed or subject matter claimed ... ... ... ... ••• ••• ••• ■■■ 432 231. Order where assignment is adjudged invalid, or opposing claim is sustained 433 232. Order where assignment is adjudged valid, or opposing claim is not sustained ... ... ... ... ... ... •■■ •• •■• 433 233. Order where assignment is adjudged invalid, or opposing claim is sustained, and defendant files a counterclaim against plaintiif ... 434 234. Certificate of deposit ... ... ... ... ... ... ••. 434 235. Notice of proposed sureties ■ 435 236. Affidavit of justification 435 237. Notice by registrar of day and hour u]}on which bond to be executed 436 238. Judgment against an executor who has wasted assets ... ... ... 436 239. Judgment against an executor or administrator who admits his representative character and denies the demand ... ... ... 437 240. Judgment against an executor or administrator where he admits his representative character, but denies the demand, and alleges total or partial administration of assets, and the plaintiff proves his demand, and the defendant proves administration ... ... ... 437 241. Judgment against an executor or administrator where he admits his representative character, but denies the demand, and alleges total or partial administration of assets, and the plaintifl: proves his demand, and the defendant does not prove the administration... 438 242. Judgment against an executor or administrator who admits his representative character and the plaintiflE's demand, but alleges a total or partial administration of assets, and proves the adminis- tration 439 243. Judgment against an executor or administrator who admits his representative character and the plaintifC's demand, but alleges a total or partial administration of assets, and does not prove the administration ... .. ... ... ... ... ... ... 439 244. Summons to an executor where plaintiff intends to apply to the court where assets have come to defendant's hands since judgment 440 245. Warrant of execution against goods of testator or intestate 441 246. Judgment against an executor on a devastavit since judgment ... 442 247. Summons for recovery of possession of tenement against tenant or other person holding over... ... ... ... ... ... .. 443 248. Summons for recovery of possession of tenement for nonpayment of rent 443 249. Order for recovery of possession of tenement against person holding over 444 250. Order for recoverj of possession of tenement for nonpayment of rent 445 251. Warrant for' recovery of possession of tenement .. 445 252. Summons in action of ejectment 446 253. Notice of withdrawal of action of ejectment as to the whole or part of the property 447 254. Notice in action of ejectment or for recovery of possession that a person not originally made a defendant will appear and defend ... 447 255. Notiee in action of ejectment or for recovery of possession that defendant will limit hia defence to part of the property ... ... 448 284 Page. 256. Confession in ejectment by defendant of plaintiff's title to the property 448 257. Judgment in ejectment for all the plaintiffs for the whole property... 448 258. Judgment in ejectment for all the plaintiffs for part of the property against one of the defendants, and for the other defendants as to the residue of the property 449 259. Judgment in ejectment for one of the plaintiffs for all the property against all the defendants 450 260. Judgment in ejectment for plaintiff whose title has expired before trial 450 261. Judgment in ejectment for defendant 451 262. Order in ejectment for defendant's costs, where plaintiff does not appear ... ... ... ... ... ... ... ... ... 451 263. Warrant of possession 451 264. Warrant of possession in ejectment for possession and costs 452 265. Special warrant of possession in ejectment for possession and costs, where one of several plaintiffs has died after judgment and before execution executed ... ... ... ... ... ... ... 453 266. Judgment in ejectment for plaintiff, where defendant is joint tenant, tenant in common, or coparcener with plaintiff, and an actual ouster is proved ... ... ... ... ... ... .. ... 454 267. Judgment in ejectment for defendant, where defendant is joint tenant, tenant in common, or coparcener with plaintiff, and no actual ouster is proved ... ... ... ... ... ... ... 454 268. Order in ejectment for substitution of personal representative of sole plaintiff who dies before the return day for such deceased plaintiff, and for continuation of action in name of such repre- sentative ... ... ... ... ... ... ... ... ... 455 269. Order in ejectment for substitution of personal representative of one of several plaintiffs who dies before the return day for such deceased plaintiff, and for continuation of action in names of surviving plaintiff and personal representative of deceased plaintiff 455 270. Judgment in ejectment for substituted plaintiff 456 271. Judgment in ejectment for surviving and substituted plaintiffs ... 457 272. Order in ejectment, giving leave to a party claiming the property on death of defendant, who dies before the return day, to appear and defend in place of such deceased defendant 458 273. Judgment in ejectment for plaintiff who has withdrawn the action as to part of the property 459 274. Confession in ejectment by defendant defending separately for part of the property of plaintiff's title to such part 460 275. Judgment in ejectment for plaintiff where defendant defending separately for part of the property admits plaintiff's title to such part, and action proceeds for recovery of remainder of the property 460 276. Notice in ejectment by mortgagee against mortgagor that defendant has paid into court a sum of money for principal, interest, and costs 461 285 Page. 277. Order in ejectment by mortgagee against mortgagor (all money due for principal, interest, and costs having been paid into court) upon plaintiflE to reconvey to defendant the mortgaged property 461 278. Order in ejectment by mortgagee against mortgagor (a certain surq. having been paid into court for principal, interest, and costs), that defendant shall pay a further sum into court, and that upon such payment being made plaintiff shall reconvey the mortgaged property to defendant ... 462 279. Particulars or statement of cause of action under sect. 60 of the County Courts Act, 1888 463 280. Particulars of plaintiff's demand or cause of action in action of contract ordered to be tried in a county court 463 281. Notice of trial of action of contract ordered to be tried in a county court 464 282. Statement of plaintiff's cause of action in action of tort remitted for trial in a county court ... ... ... ... ••• ••■ ••• 464 283. Notice of trial of action of tort remitted for trial in a county court... 466 284. Statement to be delivered by claimant when interpleader transferred from High Court 466 285. Notice of hearing of interpleader transferred from High Court ... 467 286. Notice to distrainer of goods or cattle intended to be replevied ... 467 287. Bond in replevin where action to be commenced in High Court ... 468 288. Bond in replevin where action to be commenced in county court ... 469 289. Warrant to high bailiff to replevy 469 290. Judgment for defendant in replevin for rent 470 291. Judgment for defendant in replevin of cattle damage feasant ... 470 292. Judgment for delivery of goods 471 293. Warrant of delivery of goods 471 294. Warrant of delivery of goods, and of execution for damages and costs 472 295. Warrant of delivery where, if goods are not returned, levy is to be made for their value 473 296. Order for specific performance of contract to deliver specific or ascer- tained goods, under sect. 52 of the Sale of Goods Act, 1893 474 297. Distringas for delivery of goods, and warrant of execution against defendant's goods for the amount of damages (supposing the goods delivered under the distringas), and costs, under sect. 52 of the Sale of Goods Act, 1893 475 298. Warrant of execution against defendant's goods, under sect. 52 of the Sale of Goods Act, 1893, where plaintiff exercises the option of having the damages assessed for the non-delivery of the goods (where the goods are not delivered pursuant to the order) levied by distress and sale of defendant's goods 299. Order appointing receiver of real and personal estate 300. Order appointing receiver of partnership 301. Notice to receiver to produce his accounts for audit 302. Order on receiver to pay to beneficiary 303. Bond to be given by receiver 304. Order for accounts and inquiries 305. Order for sale of personal estate . 477 . 479 - 479 . 480 . 480 . 481 . 481 . 483 28fi Page. 306. Order for sale of real estate 483 307. Order for reference in foreclosure action by mortgagee ... ... 484 308. Order for sale in action by mortgagee or person entitled to a lien ... 484 309. Judgment for foreclosure 485 310. Order in action for foreclosure or sale where an immediate sale is directed under sect. 25 of the Conveyancing and Law of Property Act, 1881 486 311. Particulars in foreclosure action where the debt is under £50, and Plaintiff claims that defendant may be ordered personally to pay the debt 486 312. Judgment in foreclosure action where the debt is under £50, and plaintiff claims that defendant may be ordered personally to pay the debt 487 313. Particulars in action for specific performance ... ... ... ... 487 314. Judgment in action for specific performance ... ... ... ... 488 315. Order. — Dissolution of partnership ... ... ... ... ... 489 316. Partnership. — Judgment ... ... ... ... ... ... ... 490 317. Notice of judgment or order to party directed to be served with notice thereof ... ... ... ... ... ... ... ... 491 318. Summons to parties to attend upon taking accounts 491 319. Notice to creditor to prove his claim 492 320. Notice to creditor of allowance of claim... ... ... ... ... 492 321. Registrar's certificate 492 322. Notice that registrar's certificate may be inspected 495 323. Administration action. — Order on further consideration 496 324. Particulars in action for partition, or for sale and distribution of proceeds 497 325. Request for sale under Partition Act, 1868 497 326. Preliminary inquiry directed in action for partition, for the purpose of ascertaining who are the persons interested in the property ... 498 327. Order dispensing with service of notice of judgment on persons interested . . 498 328. Judgment for partition without reference 498 329. Order for sale under sect. 3 of the Partition Act, 1868 499 330. Order for sale under sect. 4 of the Partition Act, 1868 500 331. Order for transfer of action or matter to High Court 500 332. Consent to act as trustee 501 333. Affidavit under sect. 70 of the County Courts Act, 1888 501 334. Certificate in case of money ... 502 335. Certificate in case of transfer of stock 503 336. Acknowledgment of filing of receipt or transfer ticket 503 337. Certificate of deposit of security 503 338. Notice to treasurer 504 339. Notice of payment into Post Office savings bank, or of transfer of stock or deposit of security 504 340. Petition 505 341. Notice of day upon which petition will be heard 507 342. Order on petition 507 343. Letter to Commissioners of Treasury as to dravsring out money ... 508 287 Page. 3J4. Notice of application for interlocutory order in the nature of an injunction ... ... •■■ ... ••• •■• ••• •■■ ••• 508 345. Interlocutory order in the nature of an injunction 509 346. Notice to be indorsed on order under Order XXIII., Rule 9, and Order XXV., Rule 58 509 347. Notice of application for committal 510 348. Order of committal for breach of or neglect to obey order 510 349. Warrant of attachment 511 350. Notice of application for discharge from custody ... 511 351. Order of discharge from custody 511 352. Notice of change of solicitor ... 512 353. Notice to high bailiff of foreign court of complaint against him ... 512 354. Notice to high bailiffl of foreign court of order against him for neglect 512 355. Summons under sect. 48 of the County Courts Act, 1888, for assaulting a bailifE whilst in the execution of his duty 513 356. Order under sect. 48 of the County Courts Act, 1888, imposing a fine for assaulting a bailiff 513 357. Warrant of execution against goods for fine under sect. 48 514 358. Return of insufficient distress, to be indorsed on warrant 516 359. Commitment in default of distress for fine under sect. 48 516 360. Commitment in lieu of distress for fine under sect. 48 ... ... 517 361. Summons under sect. 49 of the County Courts Act, 1888, for neglect to levy execution 519 362. Order under sect. ^9 of the County Courts Act, 1888, awarding damages for neglect to levy execution 519 363. Summons under sect. 50 of the County Courts Act, 1888, for extortion or misconduct 520 364. Order under sect. 50 of the County Courts Act, 1888, for repayment of money extorted, or payment of money levied, and for damages, costs, and fine 520 365. Order under sect. 162 of the County Courts Act, 1888, for imprisonment or fine for insult or misbehaviour 521 366. Warrant of commitment under sect. 162 of the County Courts Act, 1888, for insult or misbehaviour 522 367. Warrant of commitment under sect. 162 of the County Courts Act 1888, in default of payment of fine for insult or misbehaviour ... 522 368. Praecipe for commencement of Admiralty action .. 523 369. Praecipe for permission for action to be heard at a special place ... 523 370. Summons in Admiralty action in rem .., 524 371. Summons in Admiralty action m jpersowam 525 372. Warrant of arrest and detention 526 373. Solicitor's acceptance of service of summons, and undertaking to appear and to put in or give bail, &c., to be indorsed on summons... 526 374. Praecipe to enter an appearance ... ... ... ... ... ... 527 374a. Notice of appearance 527 375. Notice of hearing 527 376. Notice of time appointed for taking bail before registrar 528 377. Bail bond 528 378. Affidavit of justification 529 288 Paere. 379. Notice of bail taken before commissioner 529 380. AfiBdavit of service of notice of bail taken before commissioner ... 530 ,381. Notice requiring sureties to attend for cross-examination 530 382. Notice of time appointed for cross-examination 531 383. Praecipe for appraisement 531 384. Order of release .. .. 531 385. Order of transfer to High Court 532 386. Order of transfer to county court or High Court 532 387. Praecipe for paying in money on tender 532 388. Notice of payment into court on tender 533 389. Notice of acceptance or rejection of sum paid into court on tender ... 534. 390. Admission of liability 534 391. Consent to order .. 535 392. List of assessors 535 393. Summons to assessor 536 394. Order fining assessor for non-attendance 536 395. Final judgment in action m personam 537 396. Pinal judgment in action m rem 537 397. Interlocutory judgment in action for damages 538 398. Notice of time and place for proceeding on reference 539 399. Registrar's report 539 400. Notice of report 540 401. Notice of objection to report ... ... ... ...~ ... .. 541 402. Praecipe for "warrant of execution in action in personam, or against the pEtrties giving bail and their sureties in action m rewi ... ... 541 403. Warrant of execution against goods of defendant in action in personam, or against goods of parties giving bail and their sureties in action m /"em 542 404. Praecipe for issue of notice of judgment or order in rem, for service on persons appearing by the ship's register to have an interest in the vessel, but who are not before the court ... ... ... ... 544 405. Notice of judgment or order in rem to persons appearing by the ship's register to have an interest in the vessel, but who are not before the court ... ... ... ... ... ... ... ... 544 406. Praecipe for issue of notice of judgment or order in rem for service on owners of and persons interested in vessel or property, when ascertained ... ... ... ... ... .. ... ... ... 545 407. Notice of judgment or order in rem to owners of and persons interested in vessel or property, when ascertained ... ... ... 546 408. Order directing notice of judgment or order m rem to be given to the owners of and persons claiming to have an interest in vessel or property, where owners cannot be ascertained 547 409. Notice of judgment or order in rem to owners of and persons claiming to have an interest in vessel or property, where owners cannot be ascertained 547 410. Praecipe applying for rehearing 548 411. Praecipe for warrant of execution against vessel or property in action in rem 549 412. Warrant of execution against vessel or property in action in rem ... 549 289 Page 413. Order for transfer of sale to High Court 550 414. Admiralty Actions Book 551 415. Application for order directing statement of case. The Agricultural Holdings Acts 551 416. Notice of day on which case will be heard 552 417. Order on hearing of case 553 418. Application for removal of arbitrator, or to set aside award 553 419. Notice to applicant of day on which application will be heard ... 554 420. Notice to respondents of day on which application will be heard ... 555 421. Application for order for recovery of money awarded to be paid ... 555 422. Order for recovery of money awarded to be paid ... ... 556 423. Application for taxation of charges of returning officer ... ... 557 424. Notice of place and time fixed for taxation ... ... ... ... 557 425. Order on taxation ... ... ... ... ... ... ... ... 558 426. Application for examination of claim transmitted to returning officer 559 427. Notice of place and time fixed for examination of claim ... ... 560 428. Order on examination of claim ... ... ... ... ... ... 561 429. Certificate under 49 & 50 Vict. c. 57. s. 1 561 430. Certificate to be given by a county court. — The Inferior Courts Judgment Extension Act, 1882 562 431. Warrant of execution ... ... ... ... ... ... ... 563 432. Undertaking by defendant to perform contract. — The Employers and Workmen's Act, 1875 565 433. Summons.— The Married Women's Property Act, 1882 566 434. Summons.— The Charitable Trusts Acts, 1853 to 1887 566 435. Notice to attend proceedings 567 436. Notice of hearing 567 437. Form of Charitable Trusts Book Record 568 438. Order for removal or appointment of a trustee, or removal and appointment of a trustee ; vesting the estates of a 'charity in a trustee; and approving a scheme 569 439. Order under sect. 48 of the Charitable Trusts Act, 1853 570 440. Order under sect. 51 of the Charitable Trusts Act, 1853 570 441. Order for payment of money by trustee of a charity or person holding money belonging to a charity 571 442. Notice of Sureties. — Bond 571 443. Notice to Probate District Registrar .• 573 444. Certificate of registrar 573 445. Order in Probate action 574 446. Summons on appeal under the Merchant Shipping Act, 1894, s. 610.... 574 447. Notice to parties of name of assessor selected by judge 575 44S. Order confirming, reversing, or modifying decision of pilotage authority 575 8776 290 REFERENCE TABLE, Shewing relation between Old and New Forms. Old. New. New.' Old. 1-5 1-5. 1-5 1-5. 6 9 18-21 6, 7 [new]. 10 27. 8(1) 14AA [April '95]. 11 22. 8(2) 14f [June '96]. lU [May '99] 32. 9-12 14bb, 14c, 14d, 14e, [April '95]. 12a [Feb. '92] 30. 18 70. 13 31. 14 69. 13a [May '99] 33. 15 64. 14AA [April '95] 8(1). 16,17 67, 68. 14bb, 14c, 14d, 14b 9-12. [April '95]. 18-21 6-9. 14p [June '96] 8(2). 22 11. 15, 15a [annulled]. 23 16a [Feb. '92]. 16A, 17A, ilTB [Feb. '92]. 23,25 26. 24 20. 25,26 17A, 17b [Feb. '92\ 18 34. 27 10. 19 28. 28 19. 20 25. 29 [new]. 21 37. 30 12A [Feb. -92]. 22,23 35, 36. 31 13. 24-32 38 -46. 32 llA [May '99]. 33 150. 33 ISA [May '99]. 34 (1) [May '99] 151. 34 18. 34a 157. 35,36 22,23. 35 152. 37 21. 36 77. 38-46 24-32. 37 149. 47-49 [new]. 38A[Feb.'92] 156. 50-58 64A-64G, 65A, 66a 39-46 65-72. [May '99J. 47 63. 59-61 ... 116-118. 48 133. 62 [new]. 291 REFERENCE TA'ShB—eontmued. Old. New. New. Old. 49 155. 63 47. 50A [Feb. '92] 179. 64 [new] 50b [April '95] 178. 65-72 39-46. 51 180. 73-74 102, 103. 52A [Feb. '92] 177. 75 104a. 52b [Feb. '92j 185. 76 104(1) [May '99]. 52c, 52d, 52e [July 182-184. 77 36. ■92] 78 101. 63 181. 79-81 99, 99a, 99b. 54-57 186-189. 82 100. 58-63 192-197. 83 98. 64 15. 84 94. 64A-64G,65A,66A[May, 50-58. '99.] 85 95, 95A [April '95]. 67-68 16, 17. 86,87 96, 97. 69 14. 88 105A [Feb. '92]. 70 13. 89-91 .., 106-108. 71 325. 92,93 143, 144. 72,73 280, 281. 93a [new.] 75-77 282-284. 94 [new]. 78-80 99-101. 95 109. 81, 82 106, 107. 96 [new]. 83a [April '95] 102. 97 111. 84-86 103-105. 98 [new]. 87-93 108-114. 99-101 78-80. 94 84. 102 83a [April '95]. 95, 95A [April '95] ... 85. 103-105 84-86 96, 97 86, 87.. 106,107 81, 82. 98 83. 108-114 87-93. 96, 99A, 99b, 100 79-82. 115 112. 101 78. 116 112a [Nov. '00]. 102, 103 73, 74, 117,118 113, 114. 104 (1) [May, '99] ... 76. 119 [new]. lOU 75. 120-122 123-125. 105A [Feb. "92] 88. 8775 T2 292 REFERENCE TASLE—cmtinued. Old. New. New. Old. 106-108 89-91. 123, 124 145B, 146b [April, '95] 109 95. 125 147. 110 [omitted]. 111 97. 126-129 130-132 148a, 149A-149C [April '96]. 150-152. 112 115. 133 48. 112a [Not. '00] 116. 134 209. 113-lli 117, 118. 134A [new]. U5A [Feb. '92] 158. 135-141 127-133. 115a (1) [Nov. '00]... 159. 142 [new]. 116b [Feb. '92] 160. 143-146 139-142. 115b(1)[Not.'00] ... 161. 147,148 160, 161. 116-118 59-61. 149 37. 119-122 234-237. 150 33. 123-126 120-122. 151 34 (1) [May '99]. 127-133 136-141. 152 35. 134a, 135A-135D, 136a- 138a [June '96]. 139-142 143, 144 145b, 146b [April '95] 147 148a, 149A-149C [April •95]. 226-233. 143-146. 92, 93. 123, 124. 125. 126-129. 153 164 155 166 157 158 159 159. 162. 49. 38a [Feb. '92]. 34a. 115A [Feb. '92]. 115A (1) [Nov. '001. 150-152 130-132. 160 ll.,B [Feb. '92J. 153, 15t [omitted] ... 161 315B(1) [Nov. '00 J. 155A-157A [Feb. "92] 158 198, 199, 201. 202. 162-369 170 163, 164, 164a, 165- 169. 169a [Feb. '92]. 169 153. 171 170a [April '95]. 160, 161 147, 148. 172-175 171-174. 162 154. 176 [new]. 163, 164, 164A, 165-169 162-169. 177 52A [Feb. "92]. 169A [Feb. '92] 170. 178 50b [April '95]. 170A [April '92] 171. 178A [new]. 171-174 172-175. 179 50a [Feb. '92]. 293 REFERENCE T&BTjE— continued. Old. New. New. Old. 175-177 353-355. 180, 181 51, 53. 177A-177I [April '95] 356-364. 182-184 520-52B [July '921. 178, 179 203, 204. 185 52b [Feb. '92]. iy9A [April '95] 205. 186-189 54-57. 180, 181 211,212. 190, 191, 191A [new]. 182A-186A [April'95] 206-210. 192-197 58-63. 187A-192A [Aprir95] 213-218. 198, 199 200 [new]. ■155A, 156A [Feb. '92]. 193-195 222-224. 201 157a [Feb. '92]. 196A, 197A [April '95]. 219, 220. 202 203,204 158. 178, 179. 198 225. 205 179A;[April '95]. 199a [April '95] 221. 206-210 182A-186A [April '95]. 200-208 209 238-246. 134. 211,212 213-218 219,220 180,181. 187A-192A [April ■95]. 196A, 197a [April '95]. 199A [April '95]. 210-242 347-279. 221 243-278 286-321. 222-225 193-195, 198. 280 322. 226-233 134a, 135A-135D, 136A-138A [June '96]. 279 323. 234-237 119-122. 281 324. 238-246 247-279 200-208. 210-242. 282-286 326-330. 280-284 72, 73, 75-77. 237 352. 285 [new]. 286-321 243-278. 289 331. 322 280. 290, 291 344, 345. 323 324 279. 281. 292A [Feb. '92] 346, 325 71. 293 1 347. 326-330 331 282-286. 289. 294 REFERENCE TABLIS— continued. Old. New. New. Old. 294a [Feb. 92] 348. 332 [new]. 296 349. 333 334-337 300. 304-307. 297a-'297c [April '95] 365-367. 338 309. 298, 299 350, 351. 339 340 308. 301. 300 333. 341 303. 301 340. 342 343 302. 310. 302 342. 344, 345 290-291. 303 341. 346 347 292a [Feb. 92]. 293. 304-307 334-337. 348 294a [Feb. '92]. ,308 339. 349 350,351 296. 298, 299. 309 338. 352 287. 310 343. 353-355 356-364 175-177. 177A-177I [April '95] 3HB-311G, 312b, 312c [Nov. '00]. 415-422. 365-367 297A - 297c [April 95]. 313 432. 368,369 317,318. 314,315 430, 431. 370,371 31 9A (1), 320A (1) [May '99]. 316 433. 372 373 321 334. 317,318 368, 369. 374 324. 319A(l),320A(l)[May '99]. 370, 371. 374A [new]. 375 325. 321 372. 376 [new]. 377 322. 0«A ■•• ••• •■• 377. 378-380 322A-322C [Feb. '92]. 322A-3220 [Feb.'92]... 378-380. 381-383 [new]. 322D, 322B [Feb. '92] 390, 391. ' 384 385,386 323. 326, 327. 295 EEFERENCE TABL^^corUinwed. Old. New. New. Old. 322P [Feb. '92] 399. 387-389 333A-333C [May '99]. 323 384. 390, 391 392 [new]. 322D, 322E [Feb. '92]. 321,325 374, 375. 393,394 335, 336. 326,327 385, 386. 395,396 397,398 [new]. 328, 329. 3?8, 329 395, 396. 399 322P [Feb. 92]. 330A,331A-33'K [May '99]. 40^412. 400, 401 [new]. 402-412 330a, 331a - 331k [May '99]. 332 413. 413 332. 333A-333C [May '99]... 334 387-389. 373. 414 415-422 423-428 337. 311b - iSllG, 312B, 312c [Nov. '00]. 352-357 [April '95]. 335,336 393, 394. 429 [new]. 337 414. 430,431 432 314, 315. 313. 337A, 337B [Deo. '89] 446, 448. 433 316. 434-442 338-346. 338-346 434-442. 443-445 349A-351A [NoT.|'00]. 349A-351A [Nov. '00] 443-445. 446 337a [Deo. '89] 352-357 [April '95] 423-428. 447 [new]. 448 .T337B [Dec. '89]. •296 FORMS. Note. — In all forms to he printed for the future the Number of Plaint and Number of Warrant should be put and the seal impressed on the right hand corner of the form, instead of the left hand corner, so as to facilitate reference where papers are joined together. Summonses, Affidavits, Notices, Judgments, Orders, Warrants, and other proceedings taken under the Acts to which Orders XXXV., XXXVIIL, XXXIX., XL., XLL, XLIL, XLIIL, XLIV., XLV., XL VI., XLVIL, XLVIIL, XLIX., L., and LI. relate, should be entitled with the Acts respectively referred to in those Orders. 1. [LJ General Form of Heading and Conclusion of all Notices and Admissions. No. of Plaint. In the County Court of holden at [Where sent or issued by Court. Seal.'} Between A.B. PlaintifiE, and CD. Defendant. * * * » Dated this day of 19 . Registrar [or person sending notice or making admission]. To [the person to ivhom notice is senf]. 297 2. [2.] General Form op Heading and Conclusion of Judgments, Orders, AND Warrants. No. of Plaint, holden at {Seal.) Between In the County Court of A.B. CD. The and day of 19 By the Court. PlaintiflE, Defendant. Registrar. 3. [3.] General Form op Heading and Conclusion op Appidavits. (Except where otherwise hereafter given.) In the County Court of A.B. CD. holden at Between and No. of Plamt. Plaintiff, Defendant. * in the T Sworn at County of , this day of One thousand nine hundred and , before me 4. [4.J Memorandum to be made on any Order or other Document signed BT One Judge acting for another. This [as the case may be] was made [or granted] and signed by Judge Z. Order ll., acting in the matter for Judge A., under the provisions of section 19 of " The ^"^^ ^^• County Courts Act, 1888." 5. [5.] Memorandum to be placed at foot op every Summons, Notice, Judgment, Order, Warrant, or other Process op the Court. Hours of Attendance at the Office of the Registrar ^Place of Office] from Ten till Four o'clock, except on [_here insert the day on which the Offlce will be closed] when the Office will be closed at One o'clock. Order V.. Rules 4-7. ; . 298 6. [New.] Pr-^cipb for Ordinary Summons. In the County Court of holden at No. of Plaint If the claim exceeds £2 two copies of the Plaintiff's accounts or particulars of claim are required before a Summons can be issued. Plaintiff's Names in full, Residence or Place of Buginess, with No. of House. Trade or Occupation If Plaintiff is an Infant required to sue by a next friend, state that | fact, and Names in full. Residence or Place of Business, and Trade or ' Occupation, of Next Friend. If Plaintiff is Assignee, state that fact, and Name, Address, and description of Assignor. Defendant's Names in full, Residence or Place of Business, with No. of House. Whether male or female, and, if, known, whether of full age or( not, and, if female, whether [ married, single, or a widow. Trade or Occupation If a Company registered under the Companies Acts is Defendant, give address for service, and de- scribe it as " being the registered ofBce of the Company." Amount Claimed... Solicitor's Costs ... What the Claim is for — Solicitor's Name and Address 299 7. [New.] Precipe for Default Summons. In the County Court of To be served by holden at No. of Plaint Order V., Rules 4-6, 9. If the claim exceeds £2 two copies of the PlaintiflE's particulars of claim are required before a Summons can be issued. PlaintiflE's Names in full, Residence or Place of Business, with No. of House. Trade or Occupation If Plaintiff is an Infant required to sue by a next friend, state that , fact, and Name in full, Residence or Place of Business, and Trade or ' Occupation, of Next Friend. Defendant's Names in full, Residence \ or Place of Business, with No. of > House. ) Trade or Occupation Whether male or female, and, if ) known, whether of full age or not, and, if female, whether i married, single, or a widow. If a Company registered under the 'i Companies Acts is Defendant,; give address for service, and de- scribe it as " being the registered! office of the Company." Amount Claimed ... SoUoitor's Costs . .£ What the Claim is for — Solicitor's Name and Address 300 8 (1). [14aa., April, 1895.J Affidavit for Leave to issue Ordinary Summons against Defendant OUT OF THE District. i)l & 52 Viot. I O) Order V., make oath and say as follows : — Rule 13 (2), C) Name, [ Whsre the demand is for a debt or liquidated claim. 1 reeidence, and j t. j occupation of 1. That (2) „. tJ°,.', is justly and truly indebted to me \or to (') of proposed defendant. in the sum of £ for the price of goods o? proposed ^"^"^ '-^'" ^°'' ™^^®y ^®'^*) or as the case may 6e]. plaintiff. \0r where the claim is unliquidatedJ] 1. That I [or (3) claim [or claims] to be entitled to recover from (^) the sum of £ for damages for breach of contract [or as the case may he"]. [ Where residence, dec, within six months relied on.] 2. That the proposed Defendant within six months from the date hereof dwelt [or carried on business] within the district of this Court, that is to say, at in the county of . . [Or where cause of action or part relied on.] 2. That the cause of action in respect of which the proposed Defendant is proposed to be sued arose wholly or in part at in the county of within the district of this Court. That the facts relied on as constituting the alleged cause of action or a part thereof are, that the order for the goods for the price of which [or for non-acceptance of which, or as the case may be] an action is proposed to be brought was given at in the county of , within the district of this Court [or that the proposed Defendant assaulted me [or the proposed PlaintifiE] at in the county of within the district of this Court, or as the case may be]. [ Where an assignee of a debt applies for leave, add paragraph according to Form 8 (2).J 301 3. And I further say that I am a person in the employ of the proposed ^^^''^f^^p^j.^!^ PlaintifE [or as the case may be'], . posed plain- tiff does not make the and that the facts herein deposed to are within my own knowledge, and that affidavit. I am dnly authorised by the proposed Plaintiff to make this affidavit. Order to be placed at the foot. I do order that the above-named be at liberty to enter a plaint in this Court against the above-named Registrar. 8 (2). [14 P., June, 1896.] Paragraph to be added where the Proposed Plaintiff is Assignee OP A Debt. 2a. That the debt for which an action is proposed to be brought was originally Oedbe V., contracted by the proposed Defendant with G.H. (*) of (*) '^t ^ ^' , O Xame, , and was residence, and absolutely assigned to me [or to the proposed PlaintiflE], by an assignment occupation, dated the day of , and made between the said G.H. [or , the trustee in the bankruptcy of the said G.H., or as the case may be] of the one part, and me this deponent [or the proposed Plaintiff], of the other part, and on or about the day of express notice in writing of such assignment was given to the proposed Defendant. 9. [l^BB., April, 1895.] Affidavit for Leave to issue Default Summons against Defendant c. 43. ss. Ti.'se. OUT op the District, where the amount claimed exceeds 51. ^.^^^'^J-i.. Rule 13 (4). I, (1) C) Name, , ,, J J, ,, residence, and make oath and say as follows : — cccnpation of 1 That m deponent. ^- -^^anJ e) The like of is justly and truly indebted to me \_or proposed Iq r3\ -1 Defendant. . ,, „ „ J! ^1, • C) The like of m the sum of £ for the price proposed of goods sold [or for money lent, or as the case may he]. Plaintiff. [Where residence. &c.. within six months relied on.] 2. That the proposed Defendant within six months from the date hereof dwelt [or carried on business] within the district of this Court, that is to say, at in the county of 302 [Or where cause of action or part relied on.] 2. That the cause of action in respect of which the proposed Defendant is proposed to be sued arose wholly or in part at in the county of , within the district of this Court. That the facts relied on as constituting the alleged cause of action or a part thereof are, that the order for the goods for the price of which [or as the case may be] an action is proposed to be brought was given at in the county of , within the district of this Court [or as the case may 5e]. To be added 3. And I further say that I am a person m the employ of the proposed where pro- „, . , . „ r^ixT posed plaintiff -t^laintiir lor as the case may oe], does not affidavit. ^^^ ^^^^ t^6 facts herein deposed to are within my own knowledge, and that I am duly authorised by the proposed PlaintifiE to make this aifidavit. Order to be placed at the foot. I do order that the above-named be at liberty to enter a plaint and issue a default summons in this Court against the above- named Registrar. 10. [14c., April, 1895.J Affidavit for Leave to issue Default Summons against Defendant „. out of the District, where the amount claimed does not 51 & 52 Vict _ 0.43.63.74,86. EXCEED bl. Order V., Rule 13 (4). I, (1) ,,- „ make oath and say as follows : — residence, and 1 'Yh&t P") occupation of ' ,.■,,,■■, r , /a\ n deponent. is justly and truly indebted to me lor to C*) J C) The like in the sum of £ for the price of goods sold {^or for money lent, of proposed ,, , -, Defendant. or as the case may be]. C) The like of proposed ™'^ ■ [Where residence &c. within six months relied on.] 2. That the proposed Defendant within six months from the date hereof dwelt [or carried on business] within the district of this Court, that is to say, j^ in the county of [Or where cause of action or part relied on.] 2. That the cause of action in respect of which the proposed Defendant is proposed to be sued arose wholly or in part at in the county of within the district of this Court. 303 That the facts relied on as constituting the alleged cause of action or a part thereof are, that the order for the goods for the price of which [or as the case may Se] an action is proposed to be brought was given at in the county of , within the district of this Court [or as the case may Be]. 3. And I further say that my [or the proposed PlaintifE's] claim is for the price [or value or hire] of goods which, or some part of which, were sold arid delivered [or let on hire] to the proposed Defendant to be used or dealt with in the way of his trade [or profession or calling] of a (*) O S*ate '- o-i \ y trade, pro- [07% if the preceding paragraph is not applicable, add in lieu thereof oalling. 3. And I further say that the proposed Defendant is not a domestic or menial servant, a labourer, a servant in husbandry, a journeyman, an artificer, a handicraftsman, a miner, or a person engaged in manual labour.] 4. And I further say that I am a person in the employ of the proposed '^° "^ added •ni • i-a; r^z.* it where pro- Plamtiflc [or as the case may he], poaedplaintifE and that the facts herein deposed to are within ^°^ "J'* make the my own knowledge, and that I am duly authorised by the proposed Plaintiff affidavit. to make this afB.davit. Order to he placed at the foot. I do order that the above-named be at liberty to enter a plaint and issue a default summons in this Court against the above- named Registrar. 11. [14d., April, 1895.J Affidavit of Debt for issue of Default Summons against 6i&52Viot. Defendant within the District, where the amount claimed o- 13- b- 86. EXCEEDS bl. ^^^u: (') Name, I'C) make oath and say as follows : — residence, and occupation of I. That Q) deponent. is justly and truly indebted to, me [or to Q) (^ '^^^ ^? ] Defendant. in the sum of £ for the price of goods sold [or for money lent, (') The like or as the case may he]. Pl^^^^ 304 where '"l'^!'^ 2. That I am a person in the employ of the proposed Plaintiff [or as the posed plaintiff <=««« may 6e], does not make the affidavit. i^nd that the facts herein deposed to are within my own knowledge, and that I am duly authorised by the proposed PlaintiflE to make this affidavit. 51 & 52 Viot. o. 43. s. 86. Order V., Rules 14, 15. (') Name, residence, and oooupation of deponent. C) The like of proposed Defendant. (') The like of proposed Plaintiff. 12. [14e., April, 1895. J A^MDAviT OF Debt for issue of Default Summons against Defendant within the District, where the Amount claimed DOES not exceed 5/!. 1,0 make oath and say as follows : — 1. That O is justly and truly indebted to me [or to (') in the sum of £ or as the case may be']. J for the price of goods sold [or for money lent, (*) State trade, pro- fession, or calling. To be added where proposed plaintiff does not make the affidavit. 2. That my [or the proposed Plaintiff's] claim is for the price [or value or hire] of goods which, or some part of which, we're sold or delivered [or let on hire] to the proposed Defendant to be used or dealt with in the way of his trade [or profession or calling] of a {*) [Or, if the preceding paragraph is not applicable, add in lieu thereof 2. That the proposed Defendant is not a domestic or menial servant, a labourer, a servant in husbandry, a journeyman, an artificer, a handicraftsman, a miner, or a person engaged in manual labour.] 3. That 1 am a person in the employ of the proposed PlaintifE [or as the case may he], and that the facts herein deposed to are within my own knowledge, and that I am duly authorised by the proposed Plaintiff to make this affidavit. 305 13. [70.] Agreement to give Jurisdiction to a County Court. [Not to ie printed.'] We, [the respective solicitors of] A.B. of, &c., and CD. of, &c., do hereby 6l&52Viot. agree that the County Court of holden at Order V., ' stall have power to try an action to be brought by A.B. against G.D. Rule 2. for under the provisions of section 64 of the County Courts Act, 1888. Witness our hands this day of 19 . A.B. [or E.F., Solicitor for A.B.] G.D. [or G.H., Solicitor for CD.] 14. [69.] Agreement not to Appeal. \_Not to be printed.] We, [the respective solicitors of ] the above-named Plaintiff and Defendant, 51' & 52 Vict, do hereby, under the provisions of section 123 of the County Courts Act, 1888, o- *3- ^- ^26. agree that the decision of His Honour the Judge of this Court in this action shall be final. Witness our hands this day of 19 . Plaintiff [or 's Solicitor]. Defendant [or 's Solicitor]. 15. [64.] Undertaking by next Friend of Infant to be responsible for Dependant's Costs. I, the undersigned E.F. of , being the next Order V. friend of A .B. , who is an infant, and who is desirous of entering ^^^^ ^*'- a plaint in this Court against G.D. of, &c. , hereby undertake to be responsible for the costs of the Defendant in such action, in the manner following : namely, if the said A.B. fail to pay to the Defendant, when and in such manner as the Court shall order, all such costs of such action as the Court shall direct him to pay w the Defendant, I will forthwith pay the same to the Eegistrar of the Court. Dated this day of 19. t'.F. isT^o U 306 Order V., Rule 10, T/iis bond requires a stamp. I approve of this bond, .T.K Registrar. (L.S.) in 16. [67.] Bond for Costs where Plaintiff out of England. \_Not to he printed']. Know all men by these presents that we, A.B., of G.D., of and E.F., of are held and firmly bound to G.H., of the sum of £ to be paid to the said Q.H., or his certain attorney, executors, administrators, or assigns. For which payment to be well and truly made, we bind ourselves jointly and severally, and our and each of our heirs, executors, and administrators, firmly, by these presents. Sealed with our seals and dated this day of 19 . Whereas a plaint was upon the day of entered by the above-named A.B., against the above-named Q.H., in the County Court of holden at : And whereas it appeared upon the entry of such plaint that the said A.B. did not reside in England or Wales : And whereas it is directed by Rule 10 of Order V. of the County Court Rules that in such case the summons shall not be issued until security for costs, by deposit of money or otherwise, has been given to the satisfaction of the Registrar : And whereas the said A.B. and the above bounden G.D. and E.F., as sureties for the said A.B., have agreed to give such security by entering into the above-written bond or obligation with the condition hereunder written, and the security has been approved of by the Registrar of the said County Court, as appears by his allowance in the margin hereof : Now the condition of the above written bond is such, that if the said A.B., the Plaintiflf, or any PlaintiflE substituted in his stead, shall discontinue, or become nonsuit in the said action, or in case the said action is referred to arbitration, and an award is made against the said A.B., or any substituted PlaintiflE therein, showing that he is not entitled to recover therein, or if the said G.E., the Defendant, or any substituted Defendant, obtain a judgment or verdict or any other judgment therein, then or in either of the said cases if the above bounden A.B., G.D., and E.F., or either of them, their or either of their heirs, executors, or administrators, do pay or cause to be paid to the said G.H., or any substituted defendant, his executors, administrators, or assigns, his or their costs to be taxed in the said action, then this obligation shall be void and of no effect, otherwise the same shall be and remain in full force and virtue. Order V., Rule 10. 17. [68.] Undertaking by Solicitor to be Responsible for Costs. \_Not to he •printed.'] [^Title of Action.] As solicitor for the above-named Plaintiff, I hereby undertake to be per- sonally responsible for any costs which the said plaintiff may be ordered to pay to the Defendant in this action. Dated this of 19 Solicitor for the Plaintiff. 307 18. [6.] MBMORAlfDUM TO BE PUT ON ALL PLAINT NOTBS. Bring this note when you come to the Court or to the office for any purpose connected with this^ action. On the day of trial bring all hooks, dec. necessary to prove your case. Money will be paid out of Court ONLY on production of this note, and upon your or your agenfs personal attendance if you reside within the district. If the Defendant will sign a statement at the office of the Registrar confessing that he owes you the money, or if you and he will sign an agreement at the Registrar's Office as to the amount due, and will consent to a judgment, you will only have to pay half the hearing fee. If the debt or claim exceed five pounds yo '/ may have the action tried by a jury, on giving notice in writing at the Registrar's Office five clear days before the day of trial, and on payment of five shillings for the fees of such jury. Summonses for witnessess and for the production of documents by them may be obtained at the office, upon payment of the proper fee. 19. [7.] Plaint-Note (Ordinary Summons). In the County Court of holden at CD. Between and Order VII., {Seal.) ^"1« 1- No. of Plaint. PlaintifiE Defendant. Fees paid. The above action was entered this day, and will be tried at on the day of at in the noon Dated this day of 19 o'clock Registrar. The hearing fee must be paid before the action is called on. N-B. — If you OBTAIN A JUDGMENT AGAINST THE DEFENDANT, ALL MONEYS ORDERED TO BE PAID THEREUNDER MUST BE PAID INTO COURT, AND MUST NOT BE RECEIVED BY YOU. {See sect. 105 of the County Courts Act, 1888.) 8776 U2 308 Order VII., Bulel. 20. [8.] Plaint-Note (Default Summons) under Section 86 of the County Courts Act, 1888. In the County Court of holden at : No. of Plaint. Between A.B. Plaintifie, and CD. Defendant. (Seal.) Fees paid. £ B. d 1 The above action was entered this day, under section 86 of the County Courts Act, 1 888, and you will be entitled to judgment at. the expiration of eight days from the date of the personal service of the summons, inclusive of the day of such service, unless the Defendant gives notice of his intention to defend the action. Should such notice be given you will be informed by post thereof, and of the day and hour when the action will be tried. Dated this day of 19 . Registrar. Order VII N.B. — If notice of defence be not given, judgment must be entered within Rule 36. two months from the day of service of the summons, after which period the action will be struck out. 18 & 19 Vict. c. 67. Order VII., Rule 1. 21. [9.] Plaint-Notb (Default Summons) uniubr the Summary Procedure on Bills of Exchange Act, 1855. In the County Court of holden at A.B. CD. Between and No. of Plaint. (Seal.) Plaintiff, Defendant. Fees paid. d. 309 The above action was entered this day, under the Summary Procedure on Bills of Exchange Act, 1855, and you will be entitled to judgment at the expiration of twelve days from the personal service of the summons, inclusive of the day of such service, unless the Defendant obtains leave to defend the action. Should such leave be obtained you will be informed by post thereof, and of the day and hour when the action will be tried. Dated this day of 19 . Registrar. N.B. — If leave to defend has not been obtained, judgment must be entered order VII within two months from the day of service of the summons, after which period Rule 36, the action will be struck out. , [N.B. — Plaint-notes, 19, 20, 21, to be printed on paper 9^ by 8 inches.^ 22. [11 .J Ordinary Summons. {To be used in cases for which other forms are not specially provided.) In the County Court of holden at No. of Plaint. (Seal.) A.B. \_Address.] [^Description.'] Between and CD. PlaintiflE. Defendant. Order VII., Rnle 2. [Address."] [Description.] (a.) [Issued by leave of the Judge [or Registrar].] You are hereby summoned to appear at a County Court to be holden at on the day of 19 , at the hour of in the noon, to answer the Plaintiff to a claim, the particulars of which are hereunto annexed. [ WTiere the amount of the claim does not exceed forty shillings, after " claim •" strihe out the words " the particulars of which are hereunto annexed," and state shortly the substance of the claim.] (a.) Insert this when necessary. Order VII., Rule 2. Order VI., Rule 1. Debt or claim Costa of plaint Solicitor's costs Total amount £ Registrar. £ i. d. Dated this To the Defendant, N.B day of 19 If YOU OWE THE MONEY, AND WILL CONSENT TO A JUDGMENT, YOD WILL SAVE HALF THE HEARING FBB. SEE BACK. 310 \_To be indorsed on the Summons.] If you confess the Plaintiff's claim, — by doing which you will save half the hearing fee, — you should sign a confession, printed forms for which may be obtained at any office, before the Registrar of any Court, and forward it to the Registrar of this Court five clear days before the return day, that is, the day of trial. The confession, if not signed before a Registrar, must be signed before a solicitor ; but you may deliver your confession to the Registrar of this Court at any time before the action is called on, subject to the payment of any further costs which your delay may have caused the Plaintiff to incur. If you and the Plaintiff can agree as to the amount due and the mode of payment, and will before the action is called on for trial sign a memorandum of such agreement at the Registrar's office of this Court or before a solicitor, you will save half the hearing fee. If you pay the debt and costs, as stated in the summons, into the Registrar's office, five clear days before the daj' of trial, you will avoid further costs, unless the judge orders you to pay any further costs properly incurred by the Plaintiff before receiving notice of such payment ; but you may pay the same at any time before the action is called on for trial, subject to the payment of any further costs which your delay may have caused the Plaintiff to incur. If you admit a part only of the claim, you may, by paying into the Registrar's office the amount so admitted, five clear days before the day of trial, together with costs proportionate to such amount, avoid further costs, unless the Plaintiff proves at the trial an amount exceeding your payment, or the Judge orders you to pay any further costs properly incurred by the Plaintiff before receiving notice of such payment. If you intend to dispute the Plaintiff's claim on any of the following grounds, — 1. That the Plaintiff owes you a debt which you claim should be set off against it ; 2. That you were under twenty-one when the debt claimed was contracted ; 3. That you were then, or are now, a married woman ; 4. That the debt claimed is more than six years old ; 5. That you have been discharged from the Plaintiff's claim under a Bank- rupt or Insolvent Act ; 6. That you have already tendered to the Plaintiff what is due ; 7. That you have a statutory or equitable defence ; You must give notice thereof to the Registrar five clear days before the day of trial ; and such notice must contain the particulars prescribed by the County Court Rules ; and you must deliver to the Registrar as many copies of such notice as there are Plaintiffs, and an additional copy for the use of the Court If your DEFENCE be a SET-OEP, you must, with the notice thereof, also deliver CO the Registrar a statement of the particulars thereof. If your DEFENCE be a TENDER, you must pay into court the amount tendered. If the debt or claim exceeds five pounds you may have the action tried by a jury, on giving notice in writing at the Registrar's office five clear days before the day of trial, and on payment of five shillings for the fees of such jury. Ml Summonses for witnesses and for the production of documents by them will be issued upon application at the ofBce of the Eegistrar of this Court, upon payment of the proper fee. Note. — An ordinary summons to be printed in pica type, leaded, on a half sheet of cream wove foolscap, fourteen pounds or thereabouts. 23. [16a., Feb. 1892.] Default Summons under Section 86 of the County Courts Act, 1888. [Heading and Conclusion as in Ordinary Summons, No. 22.] Take notice, that unless within eight days after the personal seiTice of this summons on you, inclusive of the day of such service, you return to the Registrar of this Court at [place of office"] the notice given below, dated and signed by yourself or your solicitor, you will not afterwards be allowed to make any defence to the claim which the PlaintiflE makes on you, as per margin, the particulars of which are hereunto an- nexed ; but the Plaintiff may, without giving any further proof in support of such claim than the affidavit filed in Court herein, proceed to judg- ment and execution. If you return such notice to the Registrar within the time specified, the Registrar will send you by post notice of the day upon which the action will be tried. See below. [N.B. — This summons must be served personally on the Defendant within a period of twelve months from the date thereof, or within such extended period as may be allowed.] Claim Fee for plaint ... Solicitor's costs... Total amount of ' debt and costs f & 8. d. .51 & 52 Vice. c. 43. s. 86. Order VII., Rule 2. Notice of Intention to Defend. [To be at foot of Summons.] In the County Court of* holden at "A.B. V. CD. I intend to defend this action. Dated this day of 19 . No. of Plaint. _(^) Defendant. Address to which notice of trial is to be sent. *{To be filled in by Registrar previous to issue of summons.) SEE BACK. [To be indorsed on the Summons.] If you pay the debt and costs, as per margin on th« other side, into the Registrar's office, before the expiration of eight days from the date of service of this summons, inclusive of the day of such service, and without returning the notice of intention to defend, you will avoid further costs. (') Sere must ie signed the name of De- fendamt or oj his soUoitor, and in the loiter case the words " soliei- tor for," to- getheriiMhTiis add/ress, must he prefixed. 312 If you do not return the notice of intention to defend, but allow judgment against you by default, you will save half the hearing fee, and the order upon such judgment will be to pay the debt and costs forthwith [or by instalments, {to he specified as in Plaintiff's written consent)']. If you admit a part only of the claim, you must return the notice of inten- tion to defend within the time specified on the summons ; and you may, by paying into the Registrar's office at the same time the amount so admitted, together with costs proportionate to such amount, avoid further costs, unless the Plaintiff proves at the trial an amount exceeding your payment. [If you return the notice of intention to defend, you may pay the debt and costs, or, if you admit a part only of the claim, the amount so admitted, together with costs proportionate to such amount, into the Registrar's office at any time before the action is called on for trial, and by so doing you may avoid further costs, unless the PlaintiflE proves at the trial an amount exceeding your payment, or the Judge orders you to pay any further costs properly incurred by the Plaintiff before receiving notice of such payment.] If you intend to dispute the Plaintiff's claim on any of the following grounds, — 1. That the plaintiff owes you a debt which you claim should be set off against it ; 2. That you were under twenty-one when the debt claimed was contracted ; 3. That you were then, or are now, a married woman ; 4. That the debt claimed is more than six years old ; 5. That you have been discharged from the Plaintiff's claim under a Bank- rupt or Insolvent Act ; 6. That you have already tendered to the Plaintiff what is due ; 7. That you have a statutory or equitable defence ; You must give notice thereof to the registrar five clear days before the day fixed for the trial ; and such notice must contain the particulars required by the County Court Rules ; and you must deliver to the Registrar as many copies of such notice as there are Plaintiffs, and an additional copy for the use of the Court. If your defence be a set-off, you must, with the notice thereof, also deliver to the Registrar a statement of the particulars thereof. If your defence ' be a tender, you must pay into court the amount tendered. [If the debt or claim exceeds five pounds you may have the action tried by a jury, on giving notice in writing at the Registrar's office five clear days before the day fixed for the trial, and on payment of five shillings for the fees of such jury.] Summonses for witnesses and for the production of documents by them will be issued upon application at the office of the Registrar of this Court, upon payment of the proper fee. Note. — This summons is to be printed on a half sheet of salmon-tinted foolscap paper (14 Tbs. or thereabouts), with the " Notice of Intention to Def&nd " separated by a perforated line, so that it may be torn off for transmission to the Registrar, 313 24. [20.] Notice by Plaintiff of Consent to accept Instalments. {To be annexed to a Default Summons.) Take notice, that payment of the amount sued for herein will be accepted Order V., by instalments of \_state amount of instalmenf] payable on the {_state the time ^^^ ' or times at which instalments will he accepted,'] Dated this day of 19 . [Plaintiff'] or [Plaintiff's Solicitor']. To the above-named [Defendant or Defendants.] 25. [17a., Feb., 1892.] Default Summons under the Summary Procedure on Bills of Exchange Act, 1855. [Heading and Conclusion as in Ordinary Summons, No. 22.] Take notice, that unless within twelve days after the service of this summons is & 19 vict on you, inclusive of the day of such service, you obtain leave from the Judge ". 67. or Registrar of this Court to defend this action, the Plaintiff may proceed to Ruir2^"''^'' judgment and execution. The Plaintiff's claim is for £ on a bill of exchange [or promissory note], the particulars whereof are hereunto annexed, and the sum of for Court fees [and for solicitor's costs herein] : And if the amount thereof be paid to the Registrar of this Court within four days from the service hereof, no further proceedings will be taken. Leave to defend may be obtained upon application at the office of the Registrar of this Court, supported by afEdavit, showing that there is a defence to the action on the merits, or disclosing facts showing that it is reasonable that the Defendant should be allowed to defend the action. [N.B.— This summons must be served personally on the Defendant within a period of twelve months from the date thereof, or within such extended period as may be allowed.] Note.— r^is summons to be printed in pica type, leaded, un a half sheet of salmon tinted foolscap paper, 14 lbs. or thereabouts. 26. [17b., Feb., 1892.] Particulars in Action under the Summary Procedure on Bills of Exchange Act, 1855. [Heading and Conclusion as in Form 1.] The Plaintiff claims £ for principal and interest [or balance a,.,, vt of principal and interest] due to him as the payee [or indorsee] of a bill of ™l. exchange [or promissory note] of which the following is a copy. ^^^^"^ [Here copy bill of exchange or promissory note and all indorsements upon it.] ^"^^ ^•' ^^^ ^'^"^ shillings for noting and bank expenses [if pnid]. 314 Ordei I J., Rule 5. 27. [10.] Letter to be sent with Summons out op District. No. of Plaint. In the County Court of holden at Sir, I hereby request that you will serve the accompanying summons immediately, and return the inclosed copy of the same to me, properly indorsed, showing the fact, place, and mode of service. The Defendant [or witness] is stated to reside at [here insert the full address given in the summons.'} Your obedient servant. To the High Bailiff of the County Court of holden at Registrar. Order II Rule 5. 28. [19.] Letter to be sent with Default Summons out op District. In the County Court of holden at Sir, I hereby request that you will have the accompanying summons persoijally served, and return the inclosed copy of the same to me, properly indorsed, showing the fact, place, and mode of service. The Defendant is stated to reside at On presentation of this letter to the Treasurer of your Court, he is to pay you the fee of shillings. Tour obedient servant. To the High Bailiff of the County Court of holden at Registrar. Order II., Rule 23. Order VII., Rule 10. 29. [New.] Indorsement on Copy op Ordinary Summons after Service. Served the summons of which this is a true copy \^add, if so, with copy of affidavit annexed] on the day of 19 , at by delivering the same to the Defendant personally [or by delivering the same at the house [or place of dwelling or place of business] of the Defendant, to apparently not less than 16 years old, [add the statement made, as who promised to give the same to the Defendant the same day, or as the case may bel. Bailiff of the County Court. [If the summons has been served in any other manner, pursuant to the provisions of Order Vll., the mode of service must he stated in the indorsement.'] 315 30. [12a., Feb., 1892.] Notice op Non-Service op Ordinary or Judgment Summons. Order ii., Rulea 5, 24. Take notice, that tlje summons [or judgment summons] in this action has not been served, for the following reason : — Dated this day 19 To the Plaintiff. 31. [13.] Notice op Doubtful Service op Ordinary Summons. Take notice, that the summons in this action was left at the address given Order II., by you, and [here insert the bailiff''' s return of service, as indorsed on the ' copy of the summons']. You must therefore be prepared, if the Defendant does not appear at the hearing, to satisfy the Court that the summons has come to the knowledge of the Defendant before the return day. To the PlaintiflE. 32. [llA., May, 1899.] Indorsement on Copy op Summons served or to be served on 25&26Viot. Company registered under the Companies Acts, 1862 to 1900. c 89. ss. 62.63. (1.) Where bailiff ascertains that the registered office of the company is Orderll situate at the address given on the summons, or at some other address within Rules 23, 26 the district. ^^> ^^■ Served the summons of which this is a true copy on the defendant company on the day of , 19 , by leaving the same [or by sending the same through the post in a prepaid letter addressed to the company] at [state address], I having ascertained by seeing the words " Registered Of&ce " painted or affixed on the outside of the premises [or by inquiry at the premises] that the registered office of the company is situate at such address. (2.) Where bailiff is unable to ascertain whether the registered office of the order II. company is situate at the address given on the summons. Rile 26 (4), Served the summons of which this is a true copy on the day of , 19 , by leaving the same [or by sending the same through the post in a prepaid letter addressed to the defendant company] at the address given on the summons ; but I have been unable to ascertain whether the registered office of the company is situate at such address. (3.) Where bailiff ascertains that the registered office is not situate at the q , „ address given on the summons, and does not ascertain that it is situate at some Rule 26 '(5). other address within the district. Not served, I having ascertained that the registered office of the defendant company is not situate at the address given on the summons, and not having ascertained that it is situate at any other address within the district. 316 Order II., Iiu'e26(l). 33. [13a., May, 1899.] Notice op doubtful Service of Summons on Company registered UNDER the Companies Acts, 1862 to 1900 Take notice, that the summons in this action was served at the address given by you : but the bailiff has been unable to ascertain whether the registered office of the defendant company is situate at such address. You must therefore be prepared, if the defendant company does not appear at the hearing, to satisfy the Court that the registered office of the defendant company is situate at such address. To the Plaintiff. Order II., Rule 2S. 34. [18.] Indorsement on Copy op Default or Judgment Summons after Service. The summons of which this is a true copy [add, if so, with copy of affidavit annexed] was served by personally on [the Defendant or the Defendants'] at on the day of 19 [add, if travelling expenses paid or tendered with judgment summons, and the sum of was paid [or tendered] to the said for his expenses]. Bailiff of the County Court. Order IT., Rule 31. 35. [22.] Notice op Service of Default Summons. You are hereby informed that the Defendant was on the day of 19 , served with the summons issued in this action. To the Plaintiff. High Bailiff. Order II., Rule SI. 36. [23.] Notice op Non-Service op Default Summons. Take notice, that the summons in this action has not been served, for the following reason : — High Bailiff. To the Plaintiff. 317 37. [21.] Affidavit of Service of Default Summons. I, A.B., of [or G.H., a clerk [or servant] in the permanent and exclusive employ of] Order V., [or L.M., of , the solicitor for] ^"^^ ^^ <:'^)- [or E.S., of , solicitor, agent for L.M., of EulrsI"" the solicitor for] Order XL., [or X.Y., a clerk in the employ of [R.S., of , solicitor, Ilule ^ (U) agent for] L.M., of , solicitor for] e'^I^'^u'Vioi the above-named Plaintiff make oath and say : That I [am a clerk [or servant] in the permanent and exclusive employ of] [or am a clerk in the employ of [R.S., of , solicitor, agent for] L.M., of , solicitor for] the above-named Plaintiff, and that I am, over sixteen years of age. That I did on the day of 19 , duly serve E.F., the above-named Defendant [or one of the above-named Defendants] with a summons, a true copy whereof is hereunto annexed, marked " A," [add, if so, with copy of af&davit annexed,] by delivering the same personally to the said Defendant at [here insert place where service was made']. {Indorse the copy summons or other process thus .•^— This paper, marked " A," is the paper referred to in the annexed affidavit.) 38. [24.] Notice of Day of Trial where Notice of Defence given. Take notice, that the Defendant has given notice of his intention to defend gj ^ 52Viot this action, and that the same will be tried at a Court to be held at {insert c 43. s. 86. Court-house), on the day of 19 , at o'clock in the noon. Registrar. To the Plaintiff. 39. [25.J Notice to Defendant of Day of Trial. You having given notice of your intention to defend this action, take notice 5j ^ gg yjgt that the same will be tried at a Court to be held at {^insert Court-house) o. 43. s. 86. on Ihe day of 19 , at o'clock in the noon. Registrar. To the Defendant. 318 40. [26.] Notice of Leave given to Defend. The Summary Procedure on Bills of Exchange Act, 1855. ^^g* ^^ ^''''' Take notice, that the Defendant has obtained leave to defend this action at Order ^ Court to be held at on the day of 19 , XXXV., Rule at o'clock in the noon. 3. The Defendant has obtained such leave on the grounds set forth in an affidavit, a copy of which is hereunto annexed [and has paid to me the sum claimed by you, to abide the decision of the Court], [or has given security for the amount claimed by you, and the costs of this action]. Registrar. To th.e Plaintiff. 41. [27.] Notice to Defendant of Day on which Action is to be tried UPON Leave being given to Depend. The Summary Procedure on Bills of Exchange Act, 1855. 18 & 19 Vict. You having obtained leave to defend this action, take notice that the same C. o7, will be tried at on the day of 19 , at Order o'clock in the noon. XXXV., Rule Registrar. To the Defendant. 42. [28.] 18 & 19 Vice. Bond under the Summary Procedure on Bills op Exchange Act, o. 67. 1855. [Not to be printed:'] Know all men by these presents, that we, A.B., of, &c., and G.D., of, &c., and U.F., of, &c., are jointly and severally held and firmly bound to G.H., of, &c., in the sum of £ to be paid to the said G.H., or his certain attorney, executors, administrators, or assigns. For which payment to be well and truly made we bind ourselves jointly and severally, and our and each of our heirs executors, and administrators, firmly by these presents. Sealed with our seals and dated this day of one thousand nine hundred and Whereas an action has been brought in the County Court of holden at , wherein the above-named G.H. is Plaintiff, and the above- bounden A.B. is Defendant, on a certain bill of exchange [or promissory note] under the Summary Procedure on Bills of Exchange Act, 1855 : 319 And whereas leave has been duly given, according to the provisions of the j approve of said Act, to the said A.B. to defend the said action, upon his giving security this bond to be approved by the Registrar of the Court aforesaid, for the amount claimed Eegistrar in the said action and the costs of the trial thereof : (l-s) Thw iond And whereas the said A.B. and the above-bouaden CD. and E.F., as sureties ^S'^** "^ for the Said A.B., have agreed to give such security by entering into the above- written bond or obligation with the condition hereunder written, and the security intended to be hereby given has been approved of by the Registrar of the said County Court, as appears by his allowance in the margin hereof : Now the condition of the above written bond is such, that if the above bounden A.B., G.D., and E.F., any or either of them, shall pay unto the said G.n., his executors, administrators, or assigns, the amount for which judgment may be given in the said action, and all costs which may be awarded to the PlaintifiE, then this obligation shall be void and of no effect, otherwise the same shall remain in full force and virtue. A.B. (L.S.) G.D. (L.S.) E.F. (L.S.) Signed, sealed, and delivered by the above -bounden in the presence of Note. — If a deposit of money be made the memorandum thereof should follow the terms of the condition of the bond, and will not require a stamp. 43. [29.] \_Not to be printed.] Affidavit in support of Application for stjstitutbd Service. /, J.S., [address and description] make oath and say as follows : — State facts showing either that the summons has come to the knowledge of Order Vll., Defendant, or that he wilfully evades service of the sams. Or, tlmt upon in- -^"^^ **'• inquiry at his usual place of abode, or at any other place where prior to the time when the plaint was entered he might probably have been met with, he could not be found so as to be served, and that in either case there is just ground to believe that he has gone out of the realm or otherwise absconded to avoid being served. Then state deponenVs msans of knowledge of the facts deposed to Sworn, &c. 320 Order VII., Rule 4(1. Order XXXIX.. Rules 14. 17. 44. [30.] Order for substituted Service. IN'ot to he printed.'] Upon reading an affidavit of of , in the county of sworn the day of 19 : It is ordered that the delivery of a sealed copy of the summons issued in this action, together with a sealed copy of this order, to some adult inmate at the usual [or last known] place of residence [or business] of the above-named Defendant CD., situate and being at in the county of \^or that delivery of a sealed copy of the summons issued in this action, together with a sealed copy of this order, by registered post addressed to the Defendant CD. at in the county of , being the usual [^or last known] place of residence [^or business] of the said Defendant], shall be deemed to be good and sufficient service of the said summons on the said Defendant on the day of such delivery. [Or, that notice of the entry of the above-named plaint be published in the , and that the publication of such notice shall be deemed to be good and sufficient service of the summons upon the Defendant CD."] Dated this day of 19 . Registrar. Order VII. Rule 40. Order XXXIX.. Rules 14, 17 45. [31.] Substituted Service. —Notice in Papers [Not to he printed.'] In the County Court of holden at To CD. of Take notice, that a plaint has been entered and a summons issued against you in the above County Court by A.B., of , for the sum of £ for goods sold and delivered [or as the case may he] and an order has been made that the publication of a notice of the entry of such plaint in the shall be deemed to be good and sufficient service of the summons upon you, The summons will be heard at on the day of 19 , at o'clock in the noon, on which day you are required to appear ; and if you do not appear either in person or by your solicitor at the time and place above mentioned, such order will be made and proceedings taken as the Judge may think just and expedient. Dated this day of 19 Registrar. 321 46. [32.] Order for Leave to Proceed as if Service had been effected of 51 & 52 vict. „ „ o. 43. s. 86. Default Summons. i8 & 19 viot. \_Not to be printed.'} Oj^e',. yu^ On the application of , and on reading the aifidavit of " *^ ' ' , I do order that on {state terms of order) the Plaintiff be at liberty to proceed as if the above Defendant had been personally served with the summons in this action. Judge [or Registrar.] 47. [New.] Order for Service on Defendant out of England and "Wales. S'^'J®'',!-'^^-' Bale 45. [Not to be printed.'] Upon hearing , and upon reading the affidavit of sworn the day of 19 , Tt is ordered that [^the intended plaintiff] be at liberty to issue a summons against [^thS intended defendant]. And it is further ordered that the Plaintiff be at liberty to serve [if a foreigner in a foreign country insert notice of] the said summons at [here insert country or place within the limits of which the service is to be effected] or elsewhere in the , and that the hearing of the said summons Bhall be proceeded with on the day of 19 , at in the noon. Dated this day of 19 Registrar. 48. [New.] Notice to accompany Summons to be served on Defendant out order vii., OF England and Wales. Rule 46. Take notice, that by leave of the Judge a plaint has been entered and a summons issued against you in the above-named County Court by A.B. of , a copy of which summons is hereto annexed. The summons will be heard at on the day ' of 19 , on which day you are required to appear ; and if you do not appear either in person or by your solicitor at the time and place above- mentioned, such order will be made and proceedings taken as the Judge may think just and expedient. Dated this day of 19 . Registrar. To the Defendant [naming him.] 8775 X 322 Order VII. Rule 47. 49. [New.] Notice op Summons in lieu of Service of Summons to Defendant OUT of England and Wales. Take notice, that by leave of the Judge a plaint has been entered and a summons issued against you in the above-named County Court by A.B. of for [copy in the full particulars annexed to the summons']. The summons will be heard at on the day of 19 , on which day you are required to appear ; and if you do not appear either in person or by your solicitor at the time and place above- mentioned, such order will be made and proceedings taken as ihe Judge may think just and expedient. Dated this day of 19 . To the Defendant [ naming him.] Registrar. 50. [64a., May, 1899]. Affidavit on Application on behalf of Infant or Person of Unsound Mind for Appointment of Guardian ad litem. [_Not to be printed.] 1. , make oath and say as follows : — Order VII., 1. The summons in this action [or matter] was served on the defendant Rule 50 (1). (yj) on the day of 19 . 2. The defendant is an infant [or a person of unsound mind not so found by inquisition]. 3. E.F., of , is a fit and proper person to act as guardian ad litem of the above-named defendant, and has no interest in the matters in question in this action \_or matter] adverse to that of the defendant, and the consent of the said E.F. to act as such guardian is hereto annexed. Sworn. &c. Form of Consent to be annexed to Affidavit. I, E.F., of , consent to act as guardian ad litem of G.D. , an infant [or a person of unsound mind not so found by inquisition], a defendant in this action [or matter], [and I authorise Mr. to defend this action [or matter]]. Signature of Guardian. 323 51. [64b., May, 1899]. Order appointing Guardian ad litem. On the application of , and on reading the affidavit Order VII., * jji J it- At A Rule 50 0) 01 , filed on the day of , and ^ the consent thereto annexed, It is ordered that E.F.. of be appointed to act as guardian ad litem of the defendant CD. an infant [or a person of unsound mind not so found by inquisition |. Dated this day of 19 . Registrar. 52. [64c., May, 1899]. Notice to Plaintipe' op Appointment op Guardian ad litem. , Take notice, that the summons in this action [or matter] was served on Order VU., the day of on the defendant CD. , who is an infant \or a person of unsound mind not so found by inquisition], and that E.F., of , has been appointed to act as guardian ad litem of the said defendant. Dated this day of 19 . Registrar. 53. [64d., May, 1899]. Notice to Plaintiff where no Application made on behalf of Infant OR Person op Unsound Mind for Appointment of Guardian ad litem. Take notice, that the summons in this action [or matter] was served on Order VXI, the day of , on the defendant CD., who is an ' ^ infant \_or a person of unsound mind not so found by inquisition], and that no application has been made on behalf of the said defendant for the appoint- ment of a person to act as guardian ad litem. And further take notice, that before proceeding further with this action [or matter] against the said defendant you must apply to the Judge for an order that some proper person be assigned as guardian of the said defendant, by whom he may appear and defend. Dated this day of 19 . Registrar. To the plaintiff and Mr. his solicitor. 8775 X 2 324 Order VII., Rule 50 (5). 54. [64e., May, 1899]. Application by Plaintiff for Appointment of Guardian ad litem to Defendant who is an Infant or a Person op Unsound Mind. \_Not to he printed.'] Take notice, that I intend to apply to the Judge at on the day of at the hour of in the noon, for an order appointing G.H., of or some other proper person, guardian ad litem of the defendant G.D., who is an infant \or a person of unsound mind not so found by inquisition] and that I shall apply, if necessary, for the postponement of the trial. And further take notice, than an affidavit of , filed this day (a copy of which accompanies this notice) will be read in support of such application. Dated this day of 19 . Plaintiff, [or Solicitor for the plaiutiflp]. To the defendant CD., and to the father [or guardian] of the said G.D., and. to the Registrar of the Court. Obdbe VII., Rule 50 (5) 55. [64f., May, 1899.] affidavit in support of application by plaintiff for appointment op Guardian ad litem to Defendant. I, follows : — \_Not to he printed.'} of make oath and say as 1. I am informed by the Registrar that the summons in this action [or matter] was on the day of , served on the defendant CD. , who is an infant [or a person of unsound mind not so found by inquisition], and that no application has been made to the Court on behalf of the said defendant for the appointment of a guardian ad litem. 2. O.H., of , is a iit and proper person to act as guardian ad litem of the above-named defendant, and has no interest in the matters in question in this action [or matter] adverse to that of the said defendant. 3. The consent of the said G.H., is hereto-annexed. Sworn, &c. to act as such guardian 325 Form op Consent to be annexed to Affidavit. I, G.H. of , consent to act as guardian ad litem of C.D., an infant [or a person of unsound mind not so found by inquisition], a defendant in this action [or matter], [and I authorise Mr. to defend this action {or matter]. Signature of Guardian. 56. [64g., May, 1899.] Order appointing Guardian ad litem on A.pplication of Plaintiff. Upon the application of the plaintifE for the appointment of G.H., Order YII., of , or some other proper person, guardian ad litem ^"^® ^° (^)' of the defendant G.D., who is an infant [or a person of unsound mind not so found by inquisition], and upon reading the affidavit of filed on the day of , and the consent thereto annexed. And upon hearing Mr. , on behalf of the said defendant, I do order that Q.H., of , be appointed to act as guardian ad litem of the said defendant. [or, if the person proposed iy the plaintiff is not appointed, And it appearing to me that the said G.H., is not a proper person to be appointed such guardian, and that J.L., of , is a proper person to be appointed such guardian, and is willing to act as such guardian, I do order that the said J.L., be appointed to act as guardian ad litem of the said defendant.] [or, in default of any other person being willing to act. And it appearing to me that the said G.H., is not a proper person to be appointed such guardian, and that there is no other proper person willing to act as such guardian, I do order that the Registrar of this Court be appointed to act as guardian ad litem of the said defendant.] [And I do further order that the hearing of this action [or matter] be postponed till the day of , at o'clock in the noon.] Dated this day of 19 Judge. 326 Order VI i., Rule 61 (1). 57. [65a., May, 1899.] Obdbr appointing Guardian ad litem named by Infant Defendant appearing at the trial. Whereas now at the trial of this action [or matter] the Defendant CD. being an infant, appears here in Court and names E. F. of , to act as his guardian, who now assents to act as such guardian ; It is ordered that the said E.F. be, and he is hereby- appointed to be, guardian of the said defendant, to act on his behalf in this action [or matter]. Obdeb VII., Rule 51 (1). 58. [66a., May, 1899.] Order appointing Guardian ad litem of Infant Defendant appearing at the trial and not naming a guardian. Whereas now at the trial of this action [or matter] the Defendant CD., being an infant, appears here in Court and does not name a guardian ; It is ordered that G.H., of , [or the Registrar of this Court] be, and he is hereby appointed to be, guardian of the said defendant, to act on his behalf in this action [or matter]. Order VUI, Rules 1, i. In the County Court of A.B. CD. A.B. CD. 59. [116.] Order fob Consolidation. [Not to he printed.'] holden at Between and and between and Plaint No. Plaintiff, Defendant, Plaint No. Plaintifif, Defendant. [Add the plaint numbers and titles of all the actions to he consolidated.'] Whereas the above mentioned A.B. has commenced the [two] actions above mentioned against the above mentioned CD. for or in respect of different 327 causes of action which might have been joined in one action : And whereas the aggregate amount of the debts and damages claimed [or the aggregate claims] in the said actions does [or do] not exceed the jurisdiction of this Court : I do therefore order that the said actions be consolidated and tried together as one action [^add any special terms}, [And I do further order that the PlaintiflE do pay and bear in any event all Order VIII.. costs thrown away by reason of the bringing of [two] actions instead of one, ^^® *' and that the costs of and incident to this application and the order consequent thereon be the Defendant's costs in any event.] And I do further order that this order shall be drawn up and served on the said A.B. Dated this day of 19 . Judge. 60. [117.] Undertaking by Defendant applying for Stay op Proceedings. \^Not to be printed.'] In the County Court of holden at , Order VIII. Plaint No. . ^"^l^^. Between A.B. Plaintiff, and CD. Defendant, ' and between Plaint No. E.F. Plaintiff, and G.D. Defendant. Whereas the above-mentioned actions have been brought in this Court by the said A.B. and E.F. against me : And whereas the causes of action in the said actions arise out of the same alleged breach of contract \_or wrong or breach of duty] : Now, therefore, I undertake to be bound, so far as my liability in the said . actions is concerned, by the judgment of the Court in either of the said actions which may be selected by the Judge. CD., Defendant. 328 Order VIII., Kules 2, i. 61. [118.] Order to Stat Proceedings. [Not to be printed.'] [Heading as in Form 60.] Whereas the above actions have been commenced in this Court against the said CD. for or in respect of causes of action arising out of the same alleged breach of contract [or wrong or breach of duty] : And whereas the said G.D. has filed an undertaking to be bound, so far as his liability to the Plaintiffs, A.B. and E.F., in the said actions is concerned, by the decision of the Court in one of such actions : I do therefore order that all proceedings in the second-mentioned action be stayed until judgment shall have been given in the first-mentioned action. [And I do further order that the costs of this application and of the order consequent thereon be costs in the first-mentioned action and abide the event thereof.] And I do further order that this order shall be drawn up and served on the said A.B. and E.F. Dated this day of 19 Judge. Order VIII , Rules 5, 6. 62. [New.] Notice to other Plaintiffs of Judgment in Selected Action. [Heading as in Form 60.] Whereas by order dated the day of it was ordered that all proceedings in the above-mentioned action of E.F. v. G.D. should be stayed until judgment should have been given in the above-mentioned action of A.B. v. G.D. : Now I hereby give you notice that on the judgment was given in the said action of A.B. in favour of the defendant. day of V. G.D. And I further give you notice that the said defendant will be entitled to his costs of the above-mentioned action of E.F. v. G.D. up to the date of the said order of the day of unless you, the said E.F. shall on or before the day of [one month from date of judgment in selected action] give to me or send to my office" written notice to set down your action of E.F. V. G.D. for hearing. 329 [Or, if jxidg merit in selected action was given for plaintiff, proceed as follows : — Now I hereby give yoii notice that on the day of judgment was given in the said action of A.B. v. G.D. in favour of the plaintiff. And I further give you notice that you will be at liberty to proceed with your action of E.F. . v. G.D. for the purpose of ascertaining and recovering your debt \^or damages] and costs, and that if you desire so to proceed you must, on or before the day of \pne month from date of judgment in selected action'], give to me or send to my office written notice to set down your action of E.F. V. G.D. for hearing.] Dated this day of , 19 . Kegistrar. To the above-named plaintiff E.F. 63. Notice of Discontinuance op Action. \_Not to be printed.] Take notice, that I shall not proceed further in this action, and that I order IX. hereby withdraw from the same. Rile 1. Dated this day of Plaintiff. To the Registrar and to the Defendant (naming Jdni). 64. [New.] Order for Costs against Plaintiff on Discontinuance. On the application of the Defendant, it is ordered that the Defendant order IX., do recover against the Plaintiff the sum of £ for costs incurred I^^^le 1. before the receipt by him of notice of discontinuance of this action, and for the costs of attending the Court to obtain this order. And it is ordered that the Plaintiff do pay the said sum of £ to the Registrar of this Court on the day of , 19 . j [^To be altered as required, if order made for payment of costs to be taxed.] 330 61 & 62 Viot. 43. s. 98. Ordfir IX , Eule 2. 65. [39.] Admission of Claim or Part op Claim under Section 98 op the CouKT-y Courts Act, 1888. I, the Defendant, do hereby confess and admit that the sum of £ the amount claimed [or the sum of £ , being part of the amount claimed] by the Plaintiff in this action, is due to him from me [and that I -will pay. the same by instalments of ]. Dated this day of 19 Signed in the presence of This paper marked A. is the statement referred to in the annexed Affidavit. 66. [40.] 51 & 52 Viot. Affidavit of Signature to Admission under Section 98 op the '■• ^^' "• ®*- County Courts Act, 1888. Order IX.,, \_Not to he printed."] 1, of gentleman, solicitor of His Majesty's Supreme Court of Judicature, make oath and say, that I was present on the day of one thousand nine hundred and , and did see the above-named Defendant sign the statement hereunto annexed, marked with the letter A., and that the name set to the said statement is in the handwriting of the Defendant, and that the name set to the said statement as that of the witness attesting the same is in my , hand writing. 51 & 62 Viot. 0. 43. 8. 98. 67. [41.] Notice to Plaintiff op Admission op Claim under Section 98 op THE County Courts Act, 1888. 1 hereby give you notice, that the Defendant has filed a statement confessing and admitting the amount claimed by you [and proposing to pay the same by instalments of J, and that it will not be necessary for you to attend on the day of hearing [unless you object to receive the same by instalments as proposed] ; but judgment will not be entered unless yon pay to the Registrar on or before such day the sum of being the fee for the judgment, or remit the said sum to the Registrar by post ofiBce order or otherwise. 331 68. [42.] Notice to Plaintiff of Admission of Part of Claim under si & 52 viot, c 48 s 98 Section 98 of the County Courts Act, 1888. .... I hereby give you notice, that the Defendant has filed a statement confessing and admitting £ , part of the amount claimed by you [and proposing to pay the same by instalments of J. If you consent to accept the amount so admitted [and consent to the mode of payment by instalments as proposed], it will not be necessary for you to attend on the day of hearing ; biu judgment will not be entered unless you pay to the Registrar on or before such day the sum of , being the fee for the judgment, or remit the said sum to the Registrar by post oflBce order or otherwise. If, however, you do not consent to accept the sum so admitted in satisfaction of your claim, you must be prepared to prove the same. 69. [43.] Consent under Section 99 of the County Courts Act, 1888. g^ j; 53 viot. c. 43. s. 99 We, the Plaintiff and Defendant, hereby agree that the amount of the debt or demand due from the Defendant to the Plaintiff is £ , and Rule 4. ' that the same, with £ for the Plaintiff's costs, and £ the Court fees, amounting together to the sum of £ , shall be paid to the Registrar of the Court at his office, in manner following viz. : Dated this day of 19 Signatures of Plaintiff and Defendant. Signed in the presence of This paper marked A. is the statement referred to in the annexed Affidavit. 70. [44.J Affidavit of Signature to Consent under Section 99 of the 51 & 52 vict. County Courts Act, 1888. o. 43. s. 99. \_Not to he printed.'] I, of , gentleman, solicitor of His' order [X Majesty's Supreme Court of Judicature, make oath and say, that I was present B,ule 9. on the day one thousand nine hundred and , and did see the Plaintiff and Defendant respectively sign 332 the statement hereunto annexed, marked with the letter A., and that the name set to the said statement is in the handwriting of the Plaintiff, and that the name set to the said statement is in the handwriting of the Defendant, and that the name set to the said statement as that of the witness attesting the same is in my handwriting. Order IX. Rule 5. 71. [45.J Defendant's Admission. \_Not to he printed.'] T, the undersigned Defendant, admit the trut^i of the allegations in the plaint, and hereby submit to the judgment of the Court thereon. (Signed) CD., Defendant. Signed in the presence of Ihis paper marked A. is the statement referred to in the annexed Affidavit. . 72. [46.] Affidavit of Signature to Defendant's Admission. Order IX., Enles 5, 9. \_Not to he printed.'] I, of , gentleman, a solicitor of His Majesty's Supreme Court of Judicature, make oath and say, that I was present on the day of one thousand nine hundred and , and did see the above-named Defendant sign the statement hereunto annexed, marked with the letter A., and that the name set to the said statement is in the handwriting of the Defendant, and that the name set to the said statement as that of the witness attesting the same is in my handwriting. 73. [102.] Notice of Payment into Court of whole Claim. Order IX., Take notice, that the Defendant [or Garnishee] has paid into court the full Rule 12 (2). amount of your demand in this action, together with your costs therein. Order XXVI., Rule 5 (2.) [N.B. — Upon your applying for the above amount, it will he necessary that you should produce the plaint-note given to you on the entry of the plaint.] 333 74. [103.] Notice of Payment into Court of Part of Clam. Take notice, that the Defendant '[or Garnishee] has this day paid into Court the sum of £ in respect of your demand in this action [and the sum of £ in respect of fees and costs [or on tender.] If you elect to accept the same in full satisfaction of the sum claimed, and the costs you have incurred, and send to the Registrar of this Court and to the Defendant a written notice forthwith, by post, or by leaving the same at the Registrar's office and at the Defendant's place of abode or business, the action will be discontinued, and you will be liable to no further cosls. In default of such notice [the said sum will be retained and Q)'] the action will be proceeded with. If you do not appear at the hearing, you will be liable to pay to the Defendant such costs as he may incur for appearing at the hearing, or such othei* sum of money as the Judge may order, for expenses subsequent to the payment into Court. Order IX., Rule 12 (2.) Order XXVI., Rule 5 (2). Dated this day of To the Plaintiff. 19 Registrar. (1) These words must be inserted ONLY where the Defendant denies liability or relies on the defence of tender. [N.B. — Upon your applying for the above amount, it will he necessary that you should produce the plaint-note given to you on the entry of the plaint.'] 75. [104a.] Notice of Payment into Court with Denial of Liability. [Not to he printed.'] Take notice, that the above-named Defendant [or G.D., one of the above- named Defendants] has paid into Court the sum of £ in satisfaction of the whole of the Plaintiff's claim herein [or of so much of the Plaintiff's claim as relates to {here describe the part of the claim or cause of action in respect of which the payment is made)]. And further take notice, that notwithstanding such payment the Defendant denies his liability. And further take notice, that the address of the said Defendant is as follows {state the address). Dated, &c. To the Registrar of the Court and to A.B.. the above-named Plaintiff. Note. — A sealed copy of. this notice must be sent to the Plaintiff with Form 74 when the Defendant denies liability. Order IX., Rule 12 0,2) G.D. the above-named Defendant [or E.F., solicitor for the above- named Defendant]. 334 Order IX., Rules 13(1, 4), 20(1,4); Order XXVI., Rule 5 (3). To be added where plain- tiff intends to apply for costs. Order IX., Rules 13 (3), 20 (3) ; Order XXVI., Rule a (5). 47 & 48 Vict. 0. 61. s. 18. Order X., Rule 3. 76. [104 (1), May, 1899.] Notice op Acceptance op Sum paid into Court or to Plaintiff. ' [Not to be printed.] Take notice, that the Plaintiff accepts the sum of £ paid by the Defendant [nr Garnishee] into Court [or to the PlaintifiE] in satisfaction of the claim in respect of which it is paid in. But the Plaintiff will apply to the Judge on the day of , at o'clock in the noon, for an order directing the Defendant [or Garnishee] to pay the fees and costs properly incurred by the PlaintifiE before the receipt of notice of payment into Court [or before the receipt of the said sum of £ ], and in attending the Court to obtain such order. Dated this day of 19 . Plaintifle. To the Registrar of the Court and To the Defendant [or Garnishee]. 77. [36.] Order against Defendant or Garnishee paying money into Court or to Plaintiff for Payment of further Costs. On the application of the Plaintiff, it is ordered that the PlaintifiE do recover against the Defendant [or Garnishee] the sum of £ for costs incurred by the Plaintiff for work done before the receipt of notice of payment into Court herein [or before payment of the PlaintifiE's demand herein by the Defendant to the PlaintifiE] and for the costs of attending the Court to obtain this order. And it is ordered that the Defendant [or Garnishee] do pay the same to the Registrar of this Court on the day of , 19 . [To he altered as'required, if order made for payment of costs to he taxed.'] 78. [101.] Notice of Objection to Trial op Counter-claim, under the Supreme Court op Judicature Act 1884, Section 18. [Not to he printed.] Take notice, that the PlaintifiE objects to the Court giving any relief upon the counter-claim raised in this action exceeding that which the Court would have jurisdiction to give independently of section eighteen of the Supreme Court of Judicature Act, 1884. And further take notice, that the PlaintifiE will, on the day appointed for the trial of this action, apply to the Judge to adjudicate upon the original claim herein. PlaintifiE. To the Registrar of the Court and To the Defendant. 335 79. [99.] Notice of Objection to Trial of Action under Section 62 of THE County Courts Act, 1888. [Not to he printed.'] Take notice, that under the provisions of section 62 of the County Courts g'^4^'''g ^2°'" Act, 1888, 1 object to this action being tried in the County Court ; and I Order X., propose as my sureties [hei'e state the full names and additions of the sureties whether householders or freeholders, and their residences for the last six months therein mentioning the county or city, places, streets, and numbers, if any] \or, and I propose to deposit a sum of money in lieu of giving security]. Defendant. To the Registrar of the Court. Rule 6 80. [99a.] 51 & 52 Vict. Affidavit to obtain Certificate of Judge under Section 62 of c. 43. d. 62. THE County Courts Act, 1888. S'^'i^' •^•' ' Rule H. [Not to he printed.] I, G.D., of [or E.F., of solicitor for] the above-named Defendant make oath and say : 1. This action is brought for [here state the cause of action]. 2. In my opinion important questions of law [or fact, or law and fact] will arise in this action. 3. The important questions are the following : [here state the important questions]. [4. The facts which are likely to raise the questions of law above-mentioned are as follows : [here state the facts relied on].] question of law will 81. [99b.] Notice to Plaintiff of Grant of Certificate by Judge. Take notice, that the Judge has granted his certificate that important questions Order X., of law [or fact, or law and face] are likely to arise in this action, and that ^"^® ^' pursuant to section 62 of the County Courts Act, 1888, all proceedings in this ^^ ^ ^^ Y'"*' Court in this action are stayed. c • . s. . Dated this day of 19 Refjristrar. To the PlaintifE 336 Order X., Rule 6. A Slim Bufficient to cover the amonnt claimed, and costs of irial in Higli Court, not exceedingf in the whole 150Z. For Notice of Sureties aTtd AJida/oit of Justification, see forms 235 and 236. I approve of this bond I.K. (L.s.) Registrar. This hond requires a stamp. Bond where Notice op Objection to Trial given under section 62 OF THE County Courts Act, 1888. \_Not to he printed.'] Know all men by these presents, that we, A.B., of, &c., and CD., of, &c., and E.F., of, &c., are jointly and severally held and firmly bound to Q.H., of, &c., in the sum of £ to be paid to the said Q.H., or his certain attorney, executors, administrators, or assigns. For which payment to be well and truly made we bind ourselves jointly and severally, and our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals and dated this .thousand nine hundred and day of one Whereas an action has been brought in the County Court of holden at wherein the above-mentioned O.H. is Plaintiff, and the above-bounden A.B. is Defendant : And whereas the said A.B. has given due notice to the said O.H. of his, the said A.B.^s, objection to the said action being tried in the said Court, as pro- vided by section 62 of the County Courts Act, 1888 : And whereas it is by the same section of the said Act provided that the party who shall object shall give security, to be approved by the Eegistrar of the Court aforesaid, for the amount claimed, and the costs of trial in the High Court of Justice : And whereas the said A.B. and the above bounden CD. and E.F. as sureties for the said A.B., have agreed to give such security by entering into the above- written bond obligation, and the security intended to be hereby given has been approved of by the Registrar of the said County Court, as appears by his allowance in the margin hereof : Now the condition of the above-written bond is such that if the above-bounden A.B., CD., and E.F., any or either of them, shall pay unto the said Q.H., his executors, administrators, or assigns, the amount for which judgment may be given against the said A.B., in the High Court of Justice, and all costs which he may be ordered by that Court to pay, then this obligation shall be void and of no effect, otherwise the same shall remain in full force and virtue. A.B. (L.S.) CD. (L.S.) E.F. (L.s.) Signed, sealed, and delivered by the above-bounden in 'he presence of Note.— //•« deposit of money be made, the memorandum thereof should follow the terms of the condition of the bond, and will not require a stamp. 337 83. [98.] Defendant's Statement. \_Not to he printed.'] I, the undersigned Defendant CD., disclaim all interest under the will -^^{^^ " of E.F., deceased, named in the PlaintiflE's particulars \_or as heir-at-law of, or as next of kin, or one of the next of kin of E.F., deceased, named iu the Plaintiff's particulars]. Or, I, the undersigned Defendant, state that I admit [or deny] [here repeat in the langtiage of the particulars the statements admitted or denied}. Or, I, the undersigned Defendant, submit that upon the facts stated in the Plaintiff's particulars it does not appear that there is any agreement which can be legally enforced [or that it appears upon the Plaintiff's particulars that I am jointly liable with one E.F., who is not a party to this action, and not severally liable as by the particulars appear, or that it appears by the Plaintiff's particulars that G.H. should have been a joint Plaintiff with the said A.B. in this action, or as the case may he']. Or, that the Plaintiff has conveyed [or assigned] his interest in the mortgage [or equity of redemption] mentioned in the Plaintiff's particulars to one I.J., or that I have conveyed or assigned to H.L., by way of further charge for securing the sum of £ , the equity of redemption in the property sought by this action to be fore-closed. Or, that since the dissolution of the partnership mentioned in the Plaintiff's particulars the Plaintiff has executed a deed under seal, whereby the Plaintiff covenants to discharge all debts and liabilities of the partnership, and generally to release me from all claims and liabilities either by or to himself and others in respect of the said partnership trading [or as the case may he]. (Signed) CD., Defendant. Where filed hy solicitor, add — This statement -sras filed by , of , Solicitor for the Defendant. 84. [94.] Notice of Set-off or Counter Claim. Take notice, that the Defendant intends at the hearing of this action to 51 & 52 Vict, claim a set-off [or to set up a counter-claim] against the Plaintiff's demand order\^^' the particulars of which are annexed hereto. Rules 10 ' 11, Dated this day 19 Defendant [or's Solicitor]. To the Registrar of the Court, and to the Plaintiff. {The Registrar is to annex to this notice tM particulars of set-off or counter- claim, as furnished by Defendant, staled with the seahof the Court:) 8775 V 338 51 & 52 Vict c. 13. 8. 82. Infancy. Order X., Rule 12. Oorerture. Ojder X., Rule 13. Statute of Limitations. Order X., Rule 14. Bankruptcy. Order X., Rule 15. Libel or Slander. Order X., Rule 16. Statutory Defence. Order X., Rule 18. Equitable Defence. Order X., Rule 19. Tender, Order X., Rule 20. 85, [95.] Notice of Special Defence Take notice, that the Defendant intends at the hearing of this action to give in evidence and rely upon the following ground of defence. Dated this day of 19 . Defendant [or 's Solicitor]. To the Registrar of the Court, and to the Plaintiff. [These paragrwphs not to be printed^. That the Defendant was an infant, within the age of twenty-one years, when the supposed claim arose, [or the supposed contract or agreement was made,] and that he was born, as he believes, at in the county of on the day of That the Defendant is now [or was, at the time when the supposed claim arose, or the supposed contract or agreement was made,] the wife of of ; and that she was married to him at in the county of on the day of , and that he resides at in the county of That the claim for which the Defendant is summoned is barred by a Statute of Limitations. [95a., April, 1895.] That the Defendant is a discharged bankrupt, and obtained his order of discharge from the [here state Courf] on the day of That the libel [or slander] complained of is true in substance and in fact. That section four of the Sale of Goods Act, 1893, has not been complied with. Take notice, that the Defendant intends at the hearing of this action to rely as a matter of defence on the statement hereunto annexed. Statement. The facts constituting the equitable defence to this action are as follows : [Here set out the facts as concisely as possible, and number tJie paragraphs as in an affidavit.'] That the Defendant before action brought tendered to the Plaintiff the sum of £ , and now brings the same into Court. Note. — Notices of Special Defence, in cases commenced in the High Court and sent to the County Court for trial under sections 65 or 66 of the County Courts Act. 1888, must have, in addition to the usual headings, the special headings provided for those cases. 330 86. [96.] Notice to be given by Defendant under the Libel Act, J 843, 6 & 7 Vict. c. 96. s. 1. in an Action for Libel or Slander REMITTED FOR TRIAL IN A COUNTT COURT [Not to be printed."] Being an action for libel [or slander] commenced in the High Court of 51 & ft2 Vict. Justice, and remitted by order of a Judge [or Master or District Registrar] °' *^' '" *" ' thereof under section 66 of the County Courts Act, 1888, to be tried before b,ui|'^i7." this Court. Order XXXIII., Take notice, that the Defendant on the trial of this action will give in Rule 4. evidence in mitigation of damages that he made [or ofiEered] an apology to the Plaintiff for the libel [or slander] complained of before the commencement of the action [or as soon after the commencement of the action as he had an opportunity of so doing]. To the Registrar of the Court, and to the Plaintiff. 87. [97.] Notice to be given by Defendant under the Libel Act, 1843, 6 & 7 Vict. c. 96. s. 2. in an Action for Libel remitted for Trial IN A County Court. [Not to be printed.'] Being an action for libel commenced in he High Court of Justice, and 51 & 52 viot remitted by order of a Judge [or Master or District Registrar] thereof under P- *3. s. 66. section 66 of the County Courts Act, 1888, to be tried before this Court. S"!®^^'^"' Rule 14. Take notice, that the Defendant on the trial. of this action will give in 2'^'J®'^,?""' evidence and rely upon the following ground of defence ; (that is to say,) Order XXXIII., That the libel was inserted in the newspaper called or known by the name Rule 4. of without actual malice and without gross negligence, and that before the commencement of the action [or as soon after the com- mencement of the action as he had an opportunity of doing so] the Defendant inserted in the said newspaper [or offered to publish in any newspaper or periodical publication to be selected by the Plaintiff] a full apology for the said iibel, and that the Defendant has paid into Court £ by way of amends for the injury sustained by the Plaintiff by tl;e publication of the said libel. Dated this day of 19 CD., Defendant. or To the Registrar of the Court, E.F., Defendant's Solicitor and to the Plaintiff. [N.B. — If the libel was published in any periodical publication other than a newspaper, alter the notice accordingly.] 877B y 2 340 88. [105a., Feb., 1892.] Notice by Dependant to Third Party. \_Not to be printed.'] To Xy., of [address and description.] Rulri?^^" "^^^^ notice, that this action has been brought by the Plaintiff against the Defendant [as surety for M.N., iipon a bond conditioned for payment of 201. and interest to the Plaintiff. The Defendant claims to be entitled to contribution from you to the extent of one half of any sum which the Plaintiff may recover against him, on the ground that you are his co-surety under the said bond [or, also surety for the said M.N;, in respect of the said matter, under another bond made by you in favour of the said Plaintiff, dated the day of 19 ■] [Or, as acceptor of a bill of exchange for 50Z., dated the day of 19 , drawn by you upon and accepted by the Defendant, and payable three months after date. The Defendant claims to be indemnified by you against liability under the said bill on the ground that it was accepted for your accommodation.] [Or, to recover damages for a breach of contract for the sale and delivery to the Plaintiff of 100 tons of coal. The Defendant claim.s to be indemnified by you against liability in respect of the said contract, or any breach thereof, on the ground that it was made by him on your behalf and as your agent.] And take notice, that if you wish to dispute the Plaintiff's cJaim in this action as against the Defentiant, or your liability to the Defendant, you must appear at this Court on the return day of the summons in this action, a copy of which summons [where the original action is commenced by default summons, add with a copy of the notice of the day on which the action will be tried] is hereunto annexed. In default of your so appearing you will be deemed to admit the validity of any judgment obtained against the Defendant in this action, whether obtained by consent or otherwise, and your own liability to contribute or indemnify to the extent herein claimed. t (Signed) G.D. Defendant. [or LM. Solicitor for the Defendant CD.] 341 89. [106.] Notice to Defendant op non-sufficiency op Affidavit under Order XII., Rule 9. Take notice, that the affidavit filed by you does not disclose a good defence Order XII.. to this action on the merits thereof, and you must therefore attend the Court in pursuance of your summons [or whsre the affidavit has accompanied the notice of defence required by a default summons, upon the day mentioned in the notice sent herewith]. 90. [107.] Notice to Plaintiff to Deposit Sum in Court under Order XII., Rule 9. Take notice, that the above-named Defendant (whose residence or place of Order XII., business is more than twenty miles distant from this Court) having filed with ^"'^ *•• me an affidavit disclosing a good defence to this action upon the merits, you are required within two days from the date hereof to deposit in Court the sum of £ , to abide the event of this action. And also take notice, that in default of your making such deposit as directed the action will ,be struck out. 91. [108.] Notice to Dependant op Deposit under Order XII., Rule 9, having BEEN MADE, OR NOT HAVING BEEN MADE. Take notice, that the Plaintiff has this day deposited with me the sum of Order XII., £ , to abide the event of this action. ^"^® ^■ Or, Take notice that the Plaintiff has not deposited with me any sum of money to abide the event of this action. The, action will be struck out, and you need not attend the Com-t in pursuance of your summons. . 92. [143.] Order to Adjourn Proceedings. It is ordered that the trial of this action be adjourned until the Order Xll., day of 19 ,at o'clock in the noon. BuIch 12-15 93. [144. J Notice op Postponement op Trial. I hereby give you notice that the trial of the above action is postponed orderXII. until the day of , 19 , at o'clock in Bule 14. the noon, and that if you do not attend at the court-house at upon the day and at the hour above-mentioned, either in person or by your solicitor, such order will be made and proceedings taken as the Judge may think fit. Dated this day of , 19 . Registrar. To the Plaintiff and Defendant. 34^ Order VII., Rule 11. Order XIV. Rules 2, 11. Order XIV., Rules 2, 11. Order III. Rule 8. 93a. [New.] Order for Adjournment where Court is in Doubt whether Service OF Summons has comb to knowledge of Defendant. Whereas the Court is in doubt, on the evidence before it, whether the service of the summons in this action has come to the knowledge of the Defendant : It is ordered that this action be adjourned for further evidence until the day of 19 , at o'clock in the noon : lAdd, if so ordered — And it is further ordered that a copy of this order, with a copy of the summons and particulars in this action, be served on the Defendant by the High BailiflE by post, in. accordance with the provisions of Order LIV., Rule 2, of the County Court. Rules. J Dated this day of 19 Registrar. 94. [New.] Order adding Defendant. It is ordered that S.F. of be added as a Defendant in this action, and that the hearing of this action be adjourned to day of 19 , at o'clock in the Dated this day of 19 . the noon. Registrar. 95. [109.] Notice to Parties whose Names are added as Defendants. Take notice, that by an order of this Court, dated the day of , a copy ot which order is hereunto annexed, together with a copy of the summons in the above action, you were ordered to be added as one the Defendants in the above action. And further take notice, that the hearing of the above action has been adjourned to the day of at o'clock in the noon, and that if you do not attend at the court house at upon the day and at the hour above-mentioned, either in person or by your solicitor, such order will be made and proceedings taken as the Judge may think fit. 96. ;[New.J Order for Defendant to Defend on behalf of others having the SAME interest. Upon reading the affidavit of , It is ordered that the Defendant CD. be at liberty to defend this action on behalf or for the benefit of the following persons, as well as on his own behalf ; that is to say, IState names, addresses, and occv^ations.'] Dated this day of 19 Judge [or Registrar], 343 97. [lll.J Notice to Plaintiff that Defendant defends on behalf op others. Take notice, that the above-named Defendant has obtained an order for ^^'j^g^ ^■^ ' leave to defend the above action on behalf of or for the benefit of [state names of persons as in order'}, as well as on his own behalf. You may, if you think fit, object at the trial to the Defendant defending on behalf of all or any of such persons. The affidavit on which the above-mentioned order was made is filed at rny office, and may be inspected by you. Dated this day of 19 Registrar. To the above-named Plaintiff. 98. [New.J Notice to Pbesons on whose behalf Dependant has obtained LEAVE TO Defend. Take notice, that the above-named Defendant has obtained an order, a order III., copy whereof, with a copy of the summons in the above action, Is served ^^^^ ^■ herewith, for leave to defend the above action on your behalf or for your benefit as well as on his own behalf. You may, if you think fit, object at the trial to the Defendant defending on your behalf. The affidavit on which the above-mentioned order was made is tiled at my office, and may be inspected by you. Dated this day of 19 Registrar. To ,of , 99. [78.] Notice of Application fob Directions. [Not to be printed.'] Take notice, that I intend to apply to the Judge [or Registrar] of this Order XV., Court, on the day of 19 , for an order for ^^^^ ^■ [further] directions. IHere state all matters or proceedings previous to trial on which directions are required.'] To Signature of Applicant. 100. r79.1 Order for Directions. Upon hearing the application of it is ordered ^ , ^,, „ „ mi, X Order XV., as follows : — That U^lg i IHere insert the directions ordered, and that either party may apply for further directions upon giving fresh notice.] 344 Order XV., Kale 6. Order XVI., Rule 2. Order XVI , Rule 5. Order XVI., Eule 8. 101. [80.] Notice op Day of Trial under Order XV. Take notice, that the trial of this action will take place on the day of 19 , at noon. To o'clock in the 102. [83a., April, 1895.] Order for Delivery of Interrogatories. Upon hearing It is ordered that the be at liberty within days from the (late of this order to deliver to the interrogatories in writing, and that the said do answer the interrogatories in writing by afO-davit, and return such answers to me for filing on or before the and that the costs of this application be Dated this day of 19 Registrar. 103. [84.] Interrogatories . \_Not to he printed.'} Interrogatories on behalf of the above-named [Plaintiff, or Defendant G.D.'] for the examination of the above-named [Defendants E.F. and Q.H. or Plaintiff]. 1. Did not, &c. 2. Has not, &c. &c. &c. &c. \_The Defendant E.F. is required to answer the interrogatories numbered •3 [2%e Defendant G.H. is required to answer the interrogatories numbered •J 104. [85.] Answer to Interrogatories. INot to be printed.'] The answer of the above-named Defendant E.F. to the interrogatories of his examination by the above-named Plaintiff. In answer to the said interrogatories, I, the above-named E.F., make oath and say as follows : — 345 105. [86.] Order for Oral Examination for Insufficient Answer to Interrogatories. Upon hearing Rut'/^^" It is ordered that the Plaintiff [or- Defendant] do attend before the Registrar of this Court at on the day of 19 , at o'clock in the noon, to be by him orally examined as to the points mentioned in the paper writing hereunto annexed, the Plaintiff's [or Defendant's] answers to the interrogatories delivered to him in this action being insufficient in such points. And it is further ordered that the costs of the examination and of the proceedings herein, to be taxed by the registrar, shall be paid by [or shall abide the event, or as otlierwise ordered.'] Dated this day of 19 106. [81.] Order for Affidavit as to Documents. Upon hearing Order XVI., ^ Rule 10. It is ordered that the do, within day from the date of this order, answer on affidavit stating what documents are or have been in possession or power relating to the matters in question in this action, and that the costs of this application be Dated this day of 19 Rule 11. 107. [82.] Affidavit as to Documents. \_Not to he printed.'] 1, the above named Defendant, G.D., make oath and say as follows : — Order XVl. 1. I have in my possession or power the documents relating to the matters in question in this action set forth in the first and second parts of the first schedule hereto. 2. I object to produce the said documents set forth in the second part of the said first schedule hereto. 3. That [here state upon what grounds the objection is made and verify the facts as far as niay he.] i. I have had, but have not now, in my possession or power the documents relating to the matters in question in this action set forth in the second schedule hereto. 5. The last-mentioned documents were last in my possession or "power on \_state when]. 6. That [here state what has become of the last-mentioned documents, and in whose possession they now are]. 346 7. According to the best of my knowledge, information, and belief, I have not now, and never had in my possession, custody, or power, or in the possession, custody, or power of my solicitor, or in the possession, custody, or power of any other person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from any such document, or any other document whatsoever, relating to the matters in question in this action, or any of them, or wherein any entry has been made relative to such matters, or any of them, other than and except the documents set forth in the said first and second schedules hereto. 108. [87.] Order to produce Documents for Inspection. Order XYI, Rules 12, 16. Upon hearing It is ordered that the do, at all seasonable times, on reasonable notice, produce at [insert place of inspection'], situate at the following documents, namely , and that the be at liberty to inspect and peruse the documents so produced, and to take copies and abstracts thereof and abstracts therefrom, at expense, and that in the meantime all further proceedings be stayed, and that the costs of this appli- cation be Dated this day of 19 109. [88.] Notice to produce Documents for Inspection. [Not to be printed."] Take notice, that the Plaintiff [or Defendant] requires you to produce for Rules 13. 14. tis inspection the following documents referred to in your [particulars oj claim, or of defence, or affidavit dated the day of ]. (^Describe documents required.) 347 110. [89.] Notice to inspect Documents. \_Not to he printed.'] Order XVI., Take notice, that you can inspect the documents mentioned in your notice R"le 15. of the day of [except the deed numbered in that notice'] at [insert place of inspection] on next, the inst., between the hours of and o'clock. Or, that the Plaintiff [or Defendant] objects to giving you inspection of the documents mentioned in your notice of the day of , on the ground that [state the ground] : — 111. [90.] NoTicii TO Admit and Inspect. [Not to be printed.] Take notice, that the Plaintiff [or Defendant] in this action proposes to Order ZVIII adduce in evidence the several documents hereunder specified, and that the ^^^^^ > • same may be inspected by the Defendant [or Plaintiff] or his solicitor, at on the day of 19 , between the hours of and ; and the Defendant [or Plaintiff] is hereby required within forty-eight hours from the last-mentioned hour to admit, saving all juet exceptions to the admissibility of all such documents as evidence in this action, that such of the said documents as are specified to be originals were respectively written, signed, or executed as they purport respec- tively to have been ; that such as are specified as copies are true copies, and that such documents as are siated to have been served, sent, or delivered, were so served, sent, or delivered respectively. Dated this day of 19 . G.H., of To E.F., Solicitor for Solicitor for Plaintiff [or Defendant]. Defendant [or Plaintiff]. Originals. Description of Document. Deed of covenant between A.B. of the first part, and CD. of the second part. Letter — ^Defendant to Flaintifi Dates. January 1, 1898. March 1, 1901. 348 Copies. Description of Document. Dates. Original or DnpUcate served, sent, or deUveied, when, how, and by whom. Register of baptism of A.B. in the pariah of X. Letter— Plaintiff to Defendant January 1, 1878. February 1, 1901 Sent by General Post, Feb. 1st, 1901. OrderXVIII., Rule?. Order IX., Rule 8. 112. [91.J Notice to Produce (General Form). [Not to be printed.'] Take notice, that you are hereby required to produce and show to the Court on the trial of this action all books, papers, letters, copies of letters, and other writings and documents in your custody, possession, or power, con- taining any entry, memorandum, or minute relating to the matters in question , and particularly [^specify them]. day of 19 . (Signed) of Solicitor for the above-named To the above-named in this Dated this 113. [92.] Notice to admit Facts. \_Not to be printed.] Take notice, that the Plaintiff [or Defendant] in this action requires the Defendant [or Plaintiff] to admit, for the purposes of this action only, the several facts respectively hereunder specified ; and the Defendant [or Plaintiff] is hereby required, not later than three clear days before the return day, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this action. Dated, &c. &.D., Solicitor for the Plaintiff [or Defendant]. To E.F. Solicitor for the Defendant [or Plaintiff]. The facts, the admission of which is required, are — 1. That John Smith died on the 1st of January, 1890. 2. That he died intestate. 3. That James Smith was his only lawful son. 4. That Julius Smith died on the 1st of April, 1896. 5. That Julius Smith never was married. 349 114. [93.] Admission op Facts, Pursuant to Notice. [Not to be printed.'] The Defendant [or PlaintifE] in this action, for the purposes of this action ^^^^ ^ "' only, hereby admits the several facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder specified, saving all just exceptions to the admissibility of such facts, or any of them, as evidence in this action. Provided that this admission is made for the purposes of this action only, and is not an admission to be used against the Defendant [or Plaintiff] on any other occasion, or by any one other than the PlaintifE [or Defendant or party requiring the admission]. Dated, &c. E.F., Solicitor for the Defendant [or PlaintifE]. To G.H., Solicitor for the PlaintifE [or Defendant]. Facts admitted. 1. That John Smith died on the 1st of January, 1890. 2. That he died intestate 3. That James Smith was his lawful son 1. That Julius Smith is dead 5. That Julius Smith never was married Qualifications or Limitations, if any, subject to which they are admitted. 2. 3. But not that he was his only lawful son. 4. But not that he died on the 1st of April, 1896. 115. [112.] Notice to Registrar of Change in Plaintiff's Title before Judgment. Take notice, that died upon the [Not to be printed.'] , the PlaintifE in the above action, S'^'^^'g^^^^"' day of , 19 , and that his last will and „ ' . •' ) " > By executor testament was duly proved by me in the principal [or district] probate or adminis- registry of the Probate, Divorce, and Admiralty Division of the High Court *™,*or. of Justice [or that letters of administration -to his personal estate and f fEects were duly granted to me] upon the day of , 19 , and that I am the executor of his said will [or that I am the administrator of the personal estate and efiEects of the said deceased]. [Or, that the above named , by an assignment dated the day of , duly assigned all his interest in the subject-matter of the above action to me, the undersigned.] By assignee. 350 And further take notice, that I am desirous of being substituted as Plaintiff in the above action against the above-named Defendant in the place of the said [or added as a Plaintiff with the said Plaintiff in the above action.J Dated this day of 19 . To the Registrar of the Court, and to the above-named Defendant. {Signature) Order XVII., feme 2 (2). 116. [112a., Nov., 1901.J Notice to Registrar of Change in Plaintiff's Title before Judgment, where such Change affects more Actions THAN ONE. Take notice, that , the Plaintiff in the several actions mentioned in the schedule hereto, died upon the day of , and that his last vail and testament vras duly proved by me in the principal \_or district] probate registry of the Probate, Divorce and Admiralty Division of the High Court of Justice, [or that letters of administration to his personal estate or effects were duly granted to me] upon the day of , 19 , and that I am the executor of his said will \or the administrator of the personal estate and effects of the said deceased]. \_0r, that , the plaintiff in the several actions mentioned in the schedule hereto, by an assignment dated the day of , duly assigned all his interest in the subject- matter of the said several actions to me, the undersigned]. And, further take notice, that I am desirous of being substituted as Plaintiff " in the said actions against the several Defendants in the said actions in the place of the said [or added as a Plaintiff with the said Plaintiff in the said actions]. Dated this day of , 19 . {Signature). To the Registrar of the Court, and to the several Defendants named in the schedule hereto. The Schedule above referred to. Letter and Number. Plaintiff. Defendant. 351 117. [113.] Notice to Defendant of Change in Plaintiff's Title before Judgment. Take notice, that of , as executor of the Order XVIT., ' „ Rule 2. last will and testament of deceased [or as administrator oi the personal estate and effects of deceased] [or as assignee under an assignment dated the day of ] has this day filed an affidavit, together with a notice, a copy of which notice is hereunto annexed, stating that he is desirous of being substituted as Plaintiff in the above action against you in the place of [or added as a Plaintiff with the above-named Plaintiff in the above action against you]. And further take notice, that unless you appear at the hearing of this action upon the day of , 19 , at o'clock in the noon, to show cause against the same, the said will be substituted for [or made a joint Plaintiff with] the above-named Plaintiff. [N.B. — Similar notices upon change in Defendant's title tef ore judgment may Order XVII., he prepared from this and the last preceding forms."] ^^^* ^■ 118. [114.] Order to continue Proceedings against a new Party. [Not to be printed']. Upon hearing who alleged [state circumstances rendering the Order XVII., order necessary], ^^^^^ *' ^• It is ordered that the proceedings in this action be carried on between the Plaintiffs [name the continuing Plaintiffs] and the Defendants [yiame the continuing Defendants] and X.Y. [the person upon whom the interest or liability has devolved^. And it is ordered ihat notice of this order be served on the said ^. Y., and that the further proceedings in this action be adjourned until the day of , 19 . Dated this day of 19 . Judge [or Registrar]. 119. [New.] Notice to Party against whom Proceedings Ordered to be Continued. I hereby give you notice, that by an order of this Court dated the Order XVII., day of ' , 19 , a copy of which order is hereunto annexed, ^^^ ^■ together with a copy of the summons in this action, it was ordered that the proceedings in this action should be carried on between the Plaintiffs {name the continuing Plaintiffs) and the Defendants {name the continuing Defendants) and you X.T. as {state the character in which the new party is added). 352 And further take notice, that the further proceedings in this action have been adjourned to the day of 19 , at o'clock in the noon : and that if you do not attend at {the court-house) at upon the day and at the hour above mentioned, either in person or by your solicitor, such order will be made or proceedings taken as the Judge may think fit. And further take notice, that you may at or before the hearing apply to the Judge or Registrar to discharge the said order of the day of 19 . Dated this day of 19 Registrar. 51 & ,52 Vice. c. 43. as. 42, 85. Order VIII. Rule 9. laO. [123.] Order for Transfer. It is ordered that the above action be transferred to the County Court of holden at To the Plaintiff and Defendant. 51 & 52 Vict. c. 43. ss. 42, 85 Order VIII., Rule 9. 121. [124.J .Notice by Court, to which Action has been transferred, op Day of Trial. Take notice, that the above action has been transferred to this Court, and that it is appointed to be tried in this Court on the day of 19 , at the hour of in the noon. To the Plaintiff and Defendant. 51 & 52 Vict. c. 43. s. 61. 122. [125.] Consent, that Court shall decide in an Action where Title HAS incidentally COME IN QUESTION. \_Not to he printed.'] We, [the respective Solicitors of] the Plaintiff and Defendant, do hereby, under the provisions of section 61 of the County Courts Acts, 1888, consent that this action shall be decided by His Honour the Judge of this Court. Witness our hands, this day of 19. Plaintiff [or 's Solicitor]. Defendant \_or 's Solicitor]. 353 123. [145b., April, 1895.] Summons to Witness to give Evidence. You are hereby required to attend at \the court-house ] on 51 & 52 Viot. the day of 19 , at the hour iii_ " ' ' of in the noon, and so from day to day, until Order XVIII. , the above action is tried, to give evidence in the above action on behalf of the [Plaintiff or Defendant, as the case may be"]. In default of your attendance you will be liable to a fine of 101. under section 111 of the County Courts Act, 1888, payment of which fine may, under section 167 of the Act, be enforced, upon the order of the Judge, in such manner as payment of a sum adjudged to be paid on summary conviction may be enforced under the Summary .Turisdiction Acts, that is to say, by distress and sale of your goods, or, in default or in lieu of distress, by imprisonment. Dated this day of 19 . To Registrar. 124. [146b., April, 1895.] Summons to Witness to Produce Documents. You are hereby required to attend at [the court-house J 51 & 52 Vior. on the day of 19 , at the hour Jj*^- ^*- "''' of in the noon, and so from day to day, until the above action Order XVIII. is tried, to give evidence on behalf of , and also to bring with you and produce the several documents hereunder specified [and all other books, papers, writings and other documents relating to the above action, which may be in your custody, possession, or power]. In default of your attendance you will be liable to a fine of 101. under section 11 1 of the County Courts Act, 1888, payment of which fine may, under section 167 of the Act, be enforced, upon the order of the Judge, in such manner as payment of a sum adjudgeJ to be paid on summary conviction may be enforced under the Summary Jurisdiction Acts, that is to say, by distress and sale of your goods, or, in default or in lieu of distress, by imprisonment. Dated this day of 19 . To Registrar. [Here insert list of documents required to be prodiiced.'] 125. [147.] Affidavit op Service of Summons on Witness. I of the above-named PlaintifE [or Defendant] OrderXVlII.. [or I, L.M., of solicitor for the above-named Plaintiff [or Defendant], yj^^^j. ^jx [or I., ^. Y., of a clerk [or servant] in the employ of the above- Rule 12. named Plaintiff [or Defendant] [or of L.M., the solicitor for the above-named Plaintiff] [or Defendant] make oati\ ehic^ say as follows :— : 8775 Z 354 1. That I {where service made hy a clerk or servarif] am a clerk {or servant] In the employ of the above-named Plaintiff {or Defendant] {or of L.M., the solicitor for the above-named Plaintiff {or Defendant]. 2. That I did on the day of 19 , duly sers^e the witness E.F., of with a summons, a true copy of which is hereunto annexed, marked " A," by delivering the same personally to the said witness ^.i^^., at in the county of {or as the case may 6e] . 3. That I paid {or tendered] to the said witness at the same time and place, the sum of for his expenses in accordance with the scale of allowances prescribed by the County Court Rules. Sworn at, &c. {Indorse the copy summons thus : — Ttis paper, marked " A," is the paper referred to in the annexed affidavit.) 126. [148a., April, 1895.J Order under Section 111 of the County Courts Act, 1888, FINING Witness for Non-Attendance, &c. 51 & 52 Vict] Whereas of was duly summoned to Order Lli^' appear as a witness in this action at a Court this day holden, and at the time of Rule 7. ' being so summoned payment {or a tender of payment] of his expenses was made according to the scale of allowances prescribed by the County Court Rules : And whereas he has refused {or neglected] without sufficient cause shown, to appear at the Court {or to produce {here describe what he was required ly the summons and bound to produce)'] {or has refused to be sworn or to give evidence] : {*0r, Whereas being this day present in Court, and being required by the Court to give evidence in this action, refused to be sworn or to make affirmation {or after being duly sworn {or after having made affirmation] refused to give evidence {or to produce] {here describe what he was required and bound to produce)] -. It is hereby ordered that the said do forfeit and pay a fine of £ for such neglect {or refusal] : And it is ordered that the said do pay the said sum of £ to the Registrar of this Court on this day of {or by instalments of for every days, the first instalment to be paid on the day of ] : And in default of payment of the said sum according to this order, payment thereof may be enforced, upon the order of the Judge, pursuant to section 167 of the County Courts Act, 1888, by distress and sale of the goods of the said A.B. under warrant of execution, or, in default or in lieu of distress, by imprisonment of the said • Wliere Witijeas ie present in Court, commence form here. 355 A.B. for any period not exceeding the period which, under the Summary Jurisdiction Acts, may be imposed in respect of the default of sufBcient distress to satisfy a similar sum adjudged to he paid on summary conviction. Oiven under the seal of the Court this day of By the Court, Registrar. [Or, It is ordered that the said do on or before the day of produce and leave with the Registrar of this Court at his office situate at the following [describe what he was required and bound to produce']. Given under the seal of the Court this day of 19 By the Court, Registrar. Rule 7. 127. [149a., April, 1895.] Warrant of Execution against Goods of Witness for Fine. WTiereas was duly summoned to appear as a witness in this 51 & 52 Vict, action at a Court holden at on the day of jg^ ' ^^' ' 19 , and at the time of being so summoned payment \or a tender of Order LII., payment] of his expenses was made according to the scale of allowances prescribed by the County Court Rules: And whereas he refused [or neglected], without suf&cient cause shown, to appear at such Court \or to produce] [here describe what he was required and bound to produce'] [or refused to be sworn or to give evidence] : [Or, Whereas being present in Court on the day of 19 , and being required by the Court to give evidence, refused to be sworn or to make affirmation [or after being duly sworn, [or after having made affirmation] refused to give evidence, [or to produce {here describe what he was required and bound to prodiice)] : And whereas it was thereupon ordered by the Court that the said should forfeit and pay a fine of for such neglect [or refusal] ; and it was ordered that the said should pay the said sum of £ to the Registrar of this Court on the day of [or by instalments of for every days, the first instalment to be paid on the day of ] : And that in default of payment of the said fine according to the said order payment thereof might be enforced, upon the order of the Judge, pursuant to section 167 of the County Courts Act, 1888, by distress and sale of the goods of the said under warrant of execution : And whereas the said fine has not been paid according to the said order, and the Judge of this Court has ordered it to be levied as herein-after mentioned : These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the said , wherever they may be found within the district of this Court (except the wearing apparel and bedding of bina or his family, and the tools and implements of his trade, if 8775 Z 2 356 any, to the value of five pounds) the sum stated at the foot of this warrant, being the amount remaining unpaid under the said order, together with the costs of this execution : And also to seize and take any money or bank notes, (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money belonging to the said which may be there found, or such part or so much thereof as may be sufficient to satisfy this execution and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof ; and if no sufficient distress can be found, to certify the same to the Registrar of this Court. Given under the seal of the Court this day of 19 By the Court, Registrar. To the High Bailiff of the said Court, and others the bailiffs thereof. Amount of fine ordered to be paid Paid Remaining due Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon.] Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 See Back. For indorsement of fees for execution of warrant, see Form 163. [_For Return of Insufficient Distress, see Form 358.] 51 &; 52 Vict, o. 43. ss. Ill, 167. Order LII., Rule 7. 128. [149b., April, 1895. J Commitment in Default of Distress for Fine on Witness under In the County Court of A.B. Section 111. Between and holden at Plaintiff, CD., Defendant. To the High Bailiff and others the bailiffs of the said Court, and all peace officers within the jurisdiction of the said Court, and Jo the Governor of \jprisor\, y,§ed by the Gourf}. 357 Whereas was duly summoned to appear as a witness in this action at a Court holden at on the day of 19 , and at the time of being so summoned payment [or a tender of payment] of his expenses was made according to the scale of allowances prescribed by the County Court Rules : And whereas he refused [or neglected], without sufQcient cause shown, to appear at such Court \^or to produce] [Aere describe what he was required and bound to produce'] l_or refused to be sworn or to give evidence] : lOr, Whereas being present in Court on the day of 19 ,.and being required by the Court to give evidence, refused to be swdrn or to make affirmation [or after being duly sworn] or after having made affirmation] refused to give evidence [^or to produce (Aere describe what he was required and bound to produce)] : And whereas it was thereupon ordered by the Court that the said should forfeit and pay a fine of for such neglect \_or refusal] : and it was ordered that the said should pay the said sum of £ to the Registrar of the Court on the day of [^or by instalments of for every days, the first instalment to be paid on the day of J : And that in default of payment of the said fine according to the said order, payment thereof might be enforced, upon the order of the Judge, pursuant to section 167 of the County Courts Act, 1888, by distress and sale of the goods of the said under warrant of execution, or, in default or in lieu of distress, by imprisonment of the said for any period not exceeding the period which, under the Summary Jurisdiction Acts, may be imposed in respect of the default of sufficient distress to satisfy a similar sum adjudged to be paid on summary conviction :* And whereas default having been made, &c. [follow Form 359 from the asterisk * to the end]. 129. [149c., April, 1895.] Commitment in lieu of Distress for Fine on Witness under Section 111. [Follow Form 128 down to the asterisk*- Then follow Form 360 from the asterisk * to the end.] 130. [150.] Affidavit to obtain Order to bring up Prisoner to give Evidence. [A'^ot to be printed.] I, of the PlaintifE [or Defendant], make oath 51 & 52 Viof* and say : •'' *^' ^- ^^2' 1. That the above action is appointed to be tried at this Court on the day of 19 , and that F.F., now a prisoner con^ned in [state the prison], will be a material witness for me upon the said trial. 358 61 & 52 Vict, o. 43. a. 112. Order XVIII., Bules 18-20 28. Order XVIII., Bnle 30. 2. That I am advised and verily believe that I cannot safely proceed to the trial of the said action without the testimony of the said E.F. And I hereby make application to His Honour the Judge of this Court for an order under section 112 of the County Courts Act, 1888, that the said E.F. may be brought before this Court to be examined as a witness on my behalf. 131. [151.J Order to bring up Prisoner to give Evidence. i^Seal.) To [officer in whose custody the prisoner is]. Whereas the PlaintifE [pr Defendant] has made application to me, by affidavit, for an order under section 112 of the County Courts Act, 1888, to bring up before this Court E.F., who it is said is detained as a prisoner in your custody, to be examined as a witness on behalf of the said Plaintiff [or Defendant] in a certain action depending in this Court between the said A.B., Plaintiff, and CD., Defendant : You are therefore, by this order issued pursuant to the said section, required upon tender made to you of a reasonable sum for the conveyance and main- tenance of a proper officer of officers, and of the said E.F., in goi^g to, remaining at, and returning from this Court, to bring the said E.F. before this Court at [court-house'] on the day of 19 , at o'clock in the noon, then and there to be examined as a witness on behalf of the said Plaintiff [or Defendant] ; and immediately after the said E.F. shall have given his testimony before this Court, you are required safely to conduct him the said E.F. to the prison from which he shall have been brought under this order. Dated this day of 19 Judge. filed the 132. [152.] Order for Examination of Witnesses before Trial. Upon hearing and upon reading the affidavit of day of 19 , and It is ordered that a witness on behalf of the be examined viva voce (on oath or affirmation) before [here insert name of person appointed], the plaintiff [or defendant] or his solicitor or the agent of such solicitor giving to the defendant [or plaintiff] or his solicitor or the agent of such solicitor notice in writing of the time and place where the examination is to take place. And it is further ordered that the examination so taken be filed with the Registrar of this Court, at his office situate at , and that an office copy thereof may be read and given in evidence on the trial of this action, saving all just exceptions, on proof to the satisfaction of the Judge that the deponent is dead, or out of England and Wales, or unable from sickness or other infirmity to attend the trial, and that the costs of this application be 359 133. [48.] Notice by Registrar rejecting Affidavit. I hereby give you notice that I reject the afQdavit of of Oiaer XIX., sworn the day of , and refuse to file the ^ ^ *• same, and that my reasons for rejecting such affidavit and refusing to file same are as follows : — Dated this day of , 19 . ' Registrar To the above-named Plaintiff [or Defendant]. 134. [209.] Order op Reference. By the consent of the Plaintiff and Defendant, it is ordered that all 51 & 52 Vict, matters in difference in this action land all other matters within the Qrde/xx jurisdiction of this Court in difference between the said parties} be referred Rule i. to of , whose award, to be made or given on or before the day of 19 , shall be entered as the judgm.ent in this action : And it is further ordered that the time for making or giving such award may be , from time to time enlarged by the Court, in its discretion, for such time as it shall, by indorsement to be made on this order, direct ; and that the said award, when made or given, may be referred back again to the said arbitrator at the like discretion of the Court without the further consent of the said parties ; and in case either of the said parties shall neglect or refuse to attend any appointment to be made by the said arbitrator for proceeding under this order, after two days notice thereof in writing shall have been given to him by serving the same personally or by leaving it at his usual or last known place of abode, the said arbitrator shall be at liberty to proceed ex parte on the matters of the said reference, and his award shall be as valid as if both the said parties had duly attended before him : And it is further ordered that the costs of the said reference and award shall be in the discretion of the arbitrator, and that the costs of the action shall abide the event [or be reserved] : And it is lastly ordered that the submission to arbitration shall not bo revocable by either party. 360 134a. [New.J Precedent for Award on Reference. INot to be printed.} Order XX., j^ ^^Q County Court of holden at ^'*^«^- No. of Plaint. Between A.B, Plaintiff, and Defendant. CD. Whereas by an order made on the day of 19 > it was by consent ordered that all matters in difference in this action should be referred to me , whose award, to be made on or before the day of 19 , should be entered as the judgment in the action; and it was further ordered that the costs of the said reference and award should be in my discretion, and that the costs of the action should abide the event : Now having heard and considered the allegations and the evidence of the parties, I do hereby make my award concerning the matters referred to me as follows : 1 award and find that the Plaintiff is entitled to recover in this action from the Defendant the sum of £ [or that the Plaintiff is not entitled to recover anything in this action from the Defendant] : And I further award and direct that the Defendant [or Plaintiff] do pay the Plaintiff's [or Defendant's] costs of the reference, to be taxed in case of dispute, and the costs of this my award [which I assess at the sum of £ ] : And in case the Plaintiff [or Defendant] shall pay such last mentioned costs, then I award and direct that the Defendant [or Plaintiff] do repay to the Plaintiff \_or Defendant] the amount which he shall so pay : l_Or such other order as the arbitrator shall malte as to costs.'\ Or, where a counter claim has been made, I award and find that the Plaintiff is entitled to recover in this action from the Defendant the sum of £ , and that the Defendant is entitled to recover on his counter claim from the Plaintiff the sum of £ : or that the Plaintiff is entitled to recover in this action from the Defendant the sum of £ , and that the Defendant is not entitled to recover anything on his counter claim from the Plaintiff [or as the case may 6e.] And I further award and direct that the Plaintiff and Defendant do each bear his own costs of the reference, and do each pay one half of the costs of this my award [which I assess at the sum of £ ] : And that if either party shall in the first instance pay the whole or more than one half of the costs of the award the other party shall repay him so much of the amount so paid as shall exceed one half of the said costs [or such other order us the arbitrator shall make as to costs']. 361 [^If the award directs that anything he done or omitted by the Plaintiff or Defendant, the directions given should he concisely stated immediately hefore that part of the award which deals with the costs.] Dated this day of 19 Arbitrator. The County Court of 135. [127.] INot to be printed.'] holden at List op Gentlemen who have consented to act as Assessors in this Order xxi., Court under Section 103 of the County Courts Act, 1888. " ' ' ' No. Name. Address. Description. 1 A.B 2 CD 3 H.F. 1 G.H. 5 I.K. 6 i. M. 7 N. ' 8 P-Q 9 M. S. 10 T. U. 11 V. W. 12 X Y. In the County of A.B. CD. 136. [128.] Application for Assessors. \_Not to be printed.] holden at Between and No. of Plaint. Plaintiff, Defendant. The Plaintiff [or Defendant] appliea to have this action tried with an Order XXI., assessor \_or assessors], and he submits to His Honour the Judge the name \or ""^^ ^- Order XLIV. Rule 6. 362 names] of No. 1, A.B., merchant [or- as the case may be}, lor No. 4, O.ff. and No. 9, U.S.}, as a fit person [or fit persons] to be summoned to act as assessor [or assessors]. *The Defendant [or PlaintifiE] consents to the appointment of the assessor [or assessors] herein named, as appears by his consent thereto filed herewith. Dated this day of 19 . Plaintiff [or Defendant]. Memorandum of Consent hy Judge. 1 consent to try this action with the assistance of an assessor [or assessors] [or as the case may be"]. Judge. When the application is in an action under the Employers Liability Act, 1880, substitute as follows for the first paragraph .- — The Plaintiff [or Defendant] applies to have an assessor [or assessors] appointed to assist the Court in ascertaining the amount of com- pensation to be awarded to the Plaintiff, should the judgment be in his favour ; and he submits the names of the following persons, who have expressed their willingness in writing to act as assessors, should they be appointed. {Here set out the names, addresses, and occupations of the persons above referred to.) 51 & 52 Vict. c. 43. B. 103. Order XXI., Rules 8, 10. Order XLIV.. Rules, 10, 11. In the County Court of The 137. [129.] Summons to AsiSbssor. hoi den at No. [Title of Action.] day of 19 {Seal.) Sir, You are hereby summoned to attend and serve as an assessor in this Court on the day of 19 , at the hour of in the noon, to assist the Judge in the hearing and determination of this action under section 103 of the County Courts Act, 1888 [or as the case may be]. - 1 am. Sir, Your obedient Servant, Registrar. To ,of * M here tite other party does not consent, or where the otlie}- party hoijiled an application fiyr the appointiitent of assessors, strike this paragraph out. 363 138. [130.] Notice to opposite Party of Names op Assessors suggested by Party applying that action should be tried with their assistance. Take notice, that the Plaintiff [or Defendant] having applied to His Honour ^^^l^'^y^-''-^'' the Judge for the appointment of assessors to assist him in trying this action, his Honour the Judge is willing that it should be so tried. Below are the names of the assessors the Plaintiff [or Defendant] desires should be summoned. Should you have any, objection to their acting as assessors, you must forthwith send me in writing your reasons for your objectioD, and must mention the names of any other of the assessors of this Court whom you are willing should be summoned. Should you have no objection to the assessors named being summoned, you must forthwith sign this notice and return it to me. No. 1, A.B., of , Merchant. No. 4, G.H., of , Merchant. The Defendant [or- Plaintiff] has no objection to make to the above assessors being summoned. \_To be altered as required, where the application is in an action under the Order XLIV., Employers Liability Act, 1880.] (Signature.) 139. [131.] Notice op Sitting to hear Objections raised by one Party to. Assessors named by the other. Take notice, that His Honour the Judge [or I] will on the day of Order XXI., ,19 , at the hour of in the noon. ^^^^ ^'^• sit at [state where^ to hear the objections made by the Plaintiff [or Defendant] to the under-mentioned persons being summoned to act as assessors in this action. Dated this day of 19 Registrar. To the above-named Plaintiff and Defendant. 140. [132.] Order upon hearing Objections to proposed Assessors. Upon the hearing of the objections made by the Plaintiff [or Defendant] to order XXI the under- mentioned persons being summoned to act as assessors in this action, Bule 10. [here insert order']. By the Court, Registrar. Order XXI., Rule 8. Order XLIV. Rule 10. 364 141. [133.] Notice op Refusal to summon Assessors. I hereby give you Botice that His Honour the Judge of this Court has directed me to inform you that the application for assessors to be summoned to assist him at the hearing of the above action is refused, he being of opinion that the appointment of such assessors is unnecessary in the present action. Dated this day of 19 To the above-named Plaintiff and Defendant. Registrar. 51 & 52 Vict. c. 43. s. 101. Order XXII., Rule 1. Order XLIV., Rule i. Order LI., Rule 24. 142, [New.J Notice requiring a jury. [Not to be printed.^ Take notice that the Plaintiff [or Defendant] requires a jury to be summoned to try this action. Dated this day of 19 Plaintiff [or Defendant] To the Registrar of the Court. 51 & 52 Vict. 0. 43. 8. 101. Order XXII., Rule 1. Order XLIV., Rule 4. Order LI., Rule 24. 143. [139.] Registrar's Notice oe Jury. Take notice, that this action will be tried by a jury, the demanded a jury therein. To the Defendant [or Plaintiff]. having 144. [140.] Summons to Juror. In the County Court of holden at 51 & 52 Viot Yo'^ ^^® hereby summoned to attend and serve as a juror in this Court, at o. 43. s. 102. the on the day of Order XLIV., trial of any action or actions to be then and there tried by jury ; and in default Orde/Ll of attendance you will be liable to a penalty of five pounds, under section 102 of Rule 24. '' the County Courts Act, 1888. of ,19 . Given under the seal of the Court, this Registrar. To of 365 145. [141.J Order pining Juror for Non-attendance. In the County Court of holden at Whereas was duly summoned to attend and serve this 51 & 52 T^ct, day as a juror in this Court, upon the trial of any action or actions to be then and there tried by jury at this Court ; And whereas he has neglected, without sufficient cause shown, to attend and serve as a juror at this Court : It is hereby ordered that he shall forthwith [or on the day of ] pay to the Registrar of this Court a fine of £ for such neglect. C. 43. s. 102. 146. [142.] Warrant of Execution against Goods of Juror for Fine. Whereas was duly summoned to attend and serve as 51&52Vicb. a juror at a Court holden on the day of upon the ^g*^- ^^- ^*'^' trial of any action or actions to be then and there tried by jury : And whereas he neglected, without sufficient cause shown, then to attend and serve as a juror at such Court, and it was thereupon ordered by the Court that he should forthwith [or on the day of J pay to the Registrar of this Court a fine of £ for such neglect : And whereas the said sum has not been paid according to the said order, and His Honour the Judge of this Court has ordered it to be levied as herein-after mentioned : These are therefore to require and order you forthwith to make and levy, by distress and sale of the goods and chattels of the said , wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds) the sum stated at the foot of this warrant, being the amount of such fine, together with the costs of this execution ; and also to seize and take any money or bank notes, whether of the Bank of England or of any other bank, and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money belonging to him, which may be there found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately )ipon the execution thereof. Given under the seal of the Court, this day of , 19 . By the Court, Registrar. [Conclvde as in Form 127.] 366 147. [160.] Order -for Costs of Day where Rule for Certiorari or Prohibition has not been served. o. 43 8. 129! Whereas a rule [or summons] has been granted by the High Court of Justice [or a Judge of the High Court of Justice] requiring cause to be shown why a writ of certiorari [or prohibition] should not issue in this action, and no order has been made by such Court [or Judge] respecting the costs in this Court : And whereas a copy of such rule [_or summons] has not been served on the Plaintiff [or Defendant] [or on the Registrar], according to section 129 of the County Courts Act, 1888 : And whereas the Plaintiff [or Defendant] has on this day appeared at this Court to prosecute [or defend] this action : It is ordered that the Defendant [or Plaintiff] do pay the sum of £ for the Plaintiff's [or Defendant's] costs of the day ; and it is ordered that the Defendant [or Plaintiff] do pay the same to the Registrar of this Court on the day of 19 . 148. [161.] Order for Costs of Day where Writ of Certiorari or Prohibition has not been lodged. 61 & 52 Viot. Whereas a writ of certiorari [or prohibition] has been granted in this action "■ ■ ^' ■ by the High Court of Justice [or a Judge of the High Court of Justice], on the ex parte application of the Defendant [or Plaintiff], who has not lodged it with the Registrar of this Court [or has not given notice to the Plaintiff [or Defendant] that it has issued] two clear days before this day, being the day fixed for hearing this action : And whereas the said [Court or Judge] has made no order respecting the costs in this Court : And whereas the Plaintiff [or Defendant] has on this day appeared at this Court to prosecute [or defend] this action : It is ordered that the Defendant [or Plaintiff] do pay the sum of £ for the Plaintiff's [or Defendant's] costs of the day ; and it is ordered that the Defendant [or Plaintiff] do pay the same to the Registrar of this Court on the day of 19 . 367 149. [37.] Order for Costs to Defendant where Plaintiff does not appear. Whereas the Plaintifif has not appeared either in person or by his solicitor Order XXII., at the Court holden this day, being the day appointed for the trial of this ^"'^ ^• action, and the Defendant has appeared in person [_or by his solicitor], and has not admitted the demand : It is awarded that the PlaintifE do pay the sum of £ for the Defendant's costs : And it is ordered that the PlaintifE do pay the same to the Registrar of this Court on the day of 19 . [To be altered as required, where order made for payment of costs to he taxed."] 150. [33.] Judgment for Defendant, or Nonsuit. Upon the trial of this action at a Court holden this day, it is adjudged 5i4;52Vi6t; that judgment be entered for the Defendant [or that a nonsuit be entered], o.43.ss.88,93. and that the PlaintifE do pay the sum of £ for the Defendant's costs : And it is ordered that the PlaintiflE do pay the same to the Registrar of this Court on the day of 19 . [To be altered as required, if order made for payment of costs to be taxed.] 151. [34 (1), May, 1899.] Judgment for Plaintiff. Acknowledgment of payment into Court. Date. & s. d. Received by - {or by instalments of to be paid on the (1.) It is this day adjudged that the PlaintifE do OrderXXIlI., recover against the Defendant the sum of 5"]®'' ^' ^' £ for debt {or damages], and XXXIV., £ for costs, amounting together to ^"1^3. the sum of £ : And it is ordered that the Defendant do pay the same to the Registrar of this Court forthwith {or on the day of ] for every days, the first instalment day of 19 J. 368 [ Where judgment is recovered against a married woman under section 1, sub-section 2, of the Married Women's Property Act, 1882, add — 45 & 46 Vict, And it is further ordered that execution upon this judgment be limited to c 75 • ■ ■ the separate property of the Defendant not subject to any restraint against anticipation, unless by reason of section 19 of the Married Women's Property Act, 1882, such property shall be liable to execution notwithstanding such restriction.] 51 & 52 Vict, [In case default be made in payment of any instalment according to this c. 4d. s. 49. order, execution or successive executions may issue for the whole of the Order XS-V., gaid sum and costs then remaining unpaid, or for such portion thereof as the Court shall order.] N.B. — This form will, by striking out the words not required, apply to judgments whether for payment of the whole claim forthwith, or within fourteen days or any other specified time, or for payment by instalments, and to judgments under section 99 of the County Courts Act, 1888, and also to judgments in replevin, ivhere the judgment is for the Plaintiff. If at the time of making an order for payment hy instalments the Court directs that in case default be made in payment of any instalment, execution shall issue for a portion only of the amount remaining unpaid, the last paragraph must be altered so as to give e'ff'ect to such order. (2.) Where judgment is given for a sum exceeding £20, the Court may order judgment to be entered as follows : — Order XXIII. I* ^s this day adjudged that the PlaiutifE do recover against the Defendant the Eule 12. gum of £ for debt [or damages], and his costs of this action, to be taxed according to Column of the Scales of Costs : And it is ordered that the Defendant do pay the said sum of £ to the Registrar of this Court forthwith [or on the day of ], and do pay the amount of the said costs when taxed to the Registrar of this Court forthwith [or within fourteen days] after the date of the certificate of taxation. [Add, if necessary, paragraph as above where judgment is recovered against a married woman.} In case default be made in payment, execution may issue for the sum and costs remaining unpaid ; or if default is made in payment of the said sum of £ before the said costs have been taxed, separate warrants may issue for the recovery of the said sum on default in payment thereof, and for the recovery of the said costs after the same have been taxed and default has been made in payment thereof, subject to the provisions of Order XXV., Rule 9, of the County Court Rules. 369 152. [35.] Judgment where Countbr-Claim has been made. It is this day adjudged that the Plaintiff in this action do recover against Order xxii., the Defendant the sum of £ for debt [or damages] and ^"^^ ^^• - £ for costs, amounting together to the sum of £ [or- that judgment be entered for the Defendant [or that a nonsuit be entered] in this action, and that the Plaintiff do pay the sum of £ for the Defendant's costs]. And it is further adjudged that the Defendant do recover on his counter- claim against the Plaintiff the sum of £ for debt \^or damages, as the case may 6e] and £ for costs, amounting together to the sum of £ [_or that judgment be entered for the Plaintiff on the Defendant's counter-claim [or that the counter-claim be struck oat], and that the Defendant do pay the sum of £ for the Plaintiff's costs of the said counter-claim]. If the same party succeeds ioth in the action and on the counter-claim, proceed as follows : — And it is ordered that the [party against whom judgment is given"] do pay to the Registrar of this Court the sum of £ , being the total amount adjudged against him as aforesaid in this action and on the Defendant's counter-claim : [Or, if one party succeeds in the action and the other on the counter-claim, proceed as follows : — And it is ordered that the [jparty against wliom the balance is] do pay to the Registrar of this Court the sum of £ , being the balance in favour of [tlie other party] after deducting the amount adjudged to the [f,arty against whom the balance is] as aforesaid] : And it is ordered that the said sum be so paid lorthwith [or on the day of ] [or by instalments of for every days, the first instalment to be paid on the day of 19 ]. [To he altered as required, where judgment is given for payment of a sum of money and costs to be taxed.] 153. [159.] Order to suspend Jtjdgmbnt or Order. It is ordered that the judgment [or order] [or chat execution under the 51 & 52 Vict, judgment [or order]] of this Court in this action, bearing date the "■ ^^- '■ ^^^• day of 19 , be suspended until the day of 19 . 154. [162.] Order for New Trial. It is ordered that the judgment in this action, and all subsequent proceedings oi & 52 Vict. thereon, be set aside, and a new trial had between the parties on [set out the Oider^XXXI terms or conditions, if any, on which the order is made]. Euies i, 2. 8775 2 A 370 Order XXITI,, Eule 10. Order XXV., Rule 29. Order XXVI. Rules 2, 9, o 1-5 <& ■s P Pi Ph M T3 o pi3 O -g o o ■^ -C! w Eh ^ to -t^ 1 — 1 pl O O 1 1 1 p OJ 1-5 ttf ,J-i o E4 ^ •^ »o O T-i DQ C5 T-l O M o n u s o M o ^ M R ^ P3 ^ P>il 0) O =8 pi o 1 o a? CH i>> M o -fj H u s Q f« M tS o O .£1 H s pel as p t= 1-5 O » 1 1 Amount of Judgment. For whom Judgment given. By whom Jury required. Special Defence. H , Parti- culars of Claim. -§" 1 1 1 1 i^ « s I I'g " .S ■§ 2 « |5 ll *^ I .9:3 .a III -a I I g C9 "«■ so qs o Ell) a bo o O 3 .s a o '3 Ph 3 o 1 1 s° !^ § .g ■^ I" ■g 3 a -S S « ■° § a o & s ±! So I 1 "^ § 5 Is 371 156. [38a., Feb., 1892.]. Notice of Payment into Court under Judgment or Order. I hereby give you notice that A.B., the Defendant [or Garnishee] has paid Order XXIII., into Court the sum of £ under the judgment [or order] ^"^^ ^^• obtained by you against him herein. [^.-B. — Upon your applying for the above amount it will be necessary that you should produce or send the plaint-note given to you on the entry of the plaint.^ 157. [34A.J Order altering Judgment or Order. In the County Court of A.B. [Address, Description,] holden at Between and No. of plaipt. Plaintifle, Order XXIII., Rules 14, 15. G.D. Defendant. [Present address, description, and, if ~ hnown'place of employment.] Whereas the PlaintifiE obtained a judgment [or an order] against the Defendant in this Court on the day of 19 , for the payment of £ , together with £ for costs, [and in payment thereof [or of part thereof] the Defendant has made default] : Upon the application of the PlaintifiE [or De- fendant] it is ordered that the Defendant do pay the amount still due under the said judgment [or order], as stated at the foot of this order, to the Registrar of this Court, on the day of 19 , [or by instalments of for every days ; the first payment to be made on the day of 19 .] Given under the seal of the Court, this day of W Acknowledgment of payment into Court. Date. & 1. d. Received by 1 ^ 1 1 ' Amount remaining due on judgment [or order] Registrar. £ s. d. 877B 2A 2 372 Order XXV., Rule 14. Order XXV., Rule 16. 158. [115a., Feb., 1892.] Order to proceed after Death op Plaintiff after Judgment. Upon reading the affidavit of , It is ordered that E.F., the executor of A.B., the PlaintifE iii this action, who has died since judgment, be substituted as PlaintifE for the original Plaintiff, and that the said E.F. be at liberty to issue execution against CD., the Defendant in this action [_or to take any such procieedings against CD. the defendant in this action, as the deceased PlaintifE was entitled to take against him], for the amount of the unsatisfied judgment and costs in this action [or that the question whether E.F., the executor of A.B., the original PlaintifE in this action, now deceased, is entitled to recover the amount of the judgment obtained against CD., the Defendant in this action, and costs, shall be tried by action to be commenced by plaint in the ordinary way, wherein the said E.F. shall be PlaintifE and the said G.D. shall be Defendant. Dated this day of 19 Judge [or Registrar]. 159. [115a. (1), Nov., 1900.] Order to Proceed after Death of Plaintiff after Judgment, where such order affects more actions than one. Upon reading the affidavit of , It is ordered that E.F., the executor of A.B., the PlaintifE in the several actions mentioned in the schedule hereto, who has died since judgment, be substituted as PlaintifE for the original PlaintifE in the said actions, and that the said E.F. be at liberty to issue execution against the several Defendants in the said actions [_or to take any such proceedings against the several Defendants in the said actions as the deceased PlaintifE was entitled to take against them respectively] for the several amounts of the unsatisfied judgments and costs in tne said actions [or that the question whether E.F., the executor of A,B., the original PlaintifE, now deceased, in the several actions mentioned in the schedule hereto is entitled to recover against the several Defendants in the said actions the several amounts of the unsatisfied judgments and costs in the said actions, shall be tried by separate actions to be commenced by plaint in the ordinary way, wherein the said E.F. shall be plaintifE, and the several Defendants in the said actions shall be defendants. Dated this day of 19 Judge [or Registrar]. The Schedule above referred to. ' 373 160. [115b., Feb., 1892.] Order to proceed after change op Interest by Assignment or OTHERWISE After Judgment. Upon reading the affidavit of , It is ordered that E.F., ^^^^^^^■' the assignee [or as the case may be'] of the judgment [or order] obtained by A.B., the Pla,intifE \[or G.D., the Defendant, as the case may &e] in this action be substituted as PlaintiflE [or Defendant] in this action in the name and by the description of E.F., of, &c., - — -- the assignee of AS., — [or CD., the Defendant] of, &c., and that the said E.F., in and by such, name and description, be at liberty to issue execution against the Defendant [or the PlaintiflE] in this action [or to take any such proceedings against the Defendant [or the PlaintiflE] in this action, as the said PlaintiflE [or Defendant] was entitled to take against him for the amount of the unsatisfied judgment and costs in this action [or that the question whether E.F., of, &c., the assignee of A.B., of, &c., [or of CD. of, &c., ] is entitled to the benefit of the judgment [or order] obtained by the PlaintiflE [or Defendant] against the Defendant [or PlaintiflE] in this action, shall be tried by action to be commenced by plaint in the ordinary way, wherein the said E.F., in and by such name and description as aforesaid, shall be PlaintiflE, and the said CD. [or the said A.B. ] shall be Defendant. Dated this day of 19 Judge [or Registrar]. 161. [115b. (1), Nov., 1900.] Order to proceed after change of Interest by Assignment or order xxv., OTHERWISE AFTER JUDGMENT, WHERE SUCH ORDER AFFECTS MORE '^^^ IN- ACTIONS THAN ONE. Upon reading the affidavit of It is ordered that E.F., the assignee {or as the case may he) of the several judgments [or orders] obtained by A.B. the PlaintiflE in the several actions mentioned in the schedule hereto, be substituted as PlaintiflE in the said actions in the name and by the description of E.F. . of, &c., the assignee ot A.B.. of, &c., and that the said E.F., in and by such name and description, be at liberty to issue execution. against the several Defendants in the said actions [or to take any such proceedings against the several Defendants in the said actions as the said A.B. the PlaintiflE was entitled to take against them respectively] for the several amounts of the unsatisfied judgments and costs in the said actions [or that the question whethe'r E.F., of, &c., , the assignee of A.B., of, &c., is entitled to the benefit of the several judgments [or orders] 374 obtained by the said A.B., the Plaintiff in the several actions mentioned in the schedule hereto, against the several Defendants in the said actions, shall be tried by separate actions to be commenced by plaint in the ordinary way, wherein the said E.F., in and by such name and description as aforesaid, shall be Plaintiff, and the several Defendants in the said actions shall be Defendants. Dated this day of 19 . Judge lor Registrar]. The Schedule above referred to Letter and Number. Plaintiff. Defendant. N.B. — No proceedings under a judgment or order, either hy judgment summons or otherwise, are sanctioned by the rules after any change of interest in the parties entitled to the benefit of the judgment or order without an order in one of the above forms numbered 158 to 161. 162. [163.] JjJoTicE TO BE Delivered or Left on Levy under "Warrant of Execution agajnst Goods. B^^^^?''^^'' Take notice, that the warrant of execution against your goods on the judgment [or order] obtained against you in this action is for the following amount : — Amount for which judgment \or order] was obtained Since paid by you into Court £ J. d. Remaining due on judgment [or order] Poundage for issuing this warrant Total amount to be levied The fees for keeping possession of such of your goods as may be seized (including expenses of removal, storage of goods, and all other expenses) is SIXPENCE IN THE POUND PER DAT NOT EXCEEDING SEVEN DATS ON THE VALUE OF SUCH GOODS, to be fixed by appraisement in case of dispute, so that the total fee does not exceed 10s. per day although the value may exceed 20^., and, in addition, for feeding animals, the actual cost thereof. 375 If you pay the amount to be levied, as stated above, within half an hour of the entry of the bailiff, you will not be required to pay to him any further sum. If possession is kept after the seventh day at the written request of both parties, the fees and cost of keeping possession as above may be allowed for a reasonable further time in respect of such possession. If your goods are removed, you will haVe to pay the appraisement fee as undermentioned. Tour goods are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at your request. If your goods are sold, the following fees are chargeable for the appraisement and sale, and no others : — For the appraisement, SIXPENCE IS THE POUND on the value of the goods appraised, over and above the stamp duty. For the sale, including advertisements, catalogues, sale and commission, and delivery of the goods, ONE SHILLING IN THE POUND ON THE NET ' PRODUCE OP THE SALE. For advertising and giving publicity to any sale by auction, pursuant to to section 145 of the Bankruptcy Act, 1883, in addition to the last- mentioned fee, the sum actually and necessarily paid. Where no sale takes place by reason of the execution being withdrawn, satisfied, or stopped, there may be allowed all charges actually and necessarily incurred for inventory, appraisement, cataloguing, lotting, and preparing for sale, not exceeding ONE SHILLING IN THE POUND on the value of the goods seized, if such value does not exceed ten pounds, and EIGHTPENCE IN THE POUND on any excess above ten pounds, the value to be fixed by appraisement ' in case of dispute, and, in addition, any sum actually and necessarily paid for advertising pursuant to section 145 of the Bankruptcy Act, 1883. • If your goods are removed, the bailiff is required to give you a sufficient inventory of the goods so removed, and to give you notice of the time when and the place where such goods will be sold, at least twenty-four hours before the time fixed for the sale. If your goods are sold, the bailiff is required to furnish you, on your request, with a detailed account in writing of the sale, and of the application of the proceeds thereof. 163. [164.] Wabbant OP Execution against Goods op Dependant. Whereas on the day of 19 , the Plaintiff Order XXV, obtained a judgment [or an order] in this Court against the Defendant R"le8. Iname the Defendant or all the Defendants'] for the 376 sum of £ for debt [or datnaores] and costs ; and it was thereupon ordered by the Court that the Defendant should pay the same to the Registrar on the day of [or by instalments of for every days] : And whereas default has been made in payment according to the said indgment [or order] : These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendant, [name the Defendant against whose goods execution is issued'] wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the PlaintiflE under the said judgment [or order], together with the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the said Defendant which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day oi' By the Court, 19 Registrar. To the High Bailiff of the said Court, and others the BailiflEs thereof. Amount for wMoh. judgment [«?• order] was obtained Paid into Court Remaining due Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon.] Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said Defendant. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 See Back. 377 \To he indorsed on everu warrant of execution.] 61 & 52 Vict. ^ ^ ■' -" c. 43. a. 155. Fees for the Exeocttiox op this Warrast. The fees for keeping possession of the goods seized (including expenses of jj^^l'j^ ' removal, storage of goods, and all other expenses) is SIXPENCE in the PO0ND PER DAY NOT EXCEEDING SEVEN DAYS ON THE VALUE OP SUOH GOOD 3, to be fixed by appraisement in case of dispute, so that the total fee does not e.xceed 10s. per day although the value may exceed 20^. and, in addition, for feeding, animals, the actual cost thereof. If the debtor pays the amount to be levied, as stated on the other side, within half an hour of the entry of the bailiff, he will not be required to pay to him any further sum. If possession is kept after the seventh day at the written request of both parties, the fees and cost of keeping possession as above may be allowed for a reasonable further time in respect of such possession. If the goods are removed, the debtor will have to pay the appraisement fee as undermentioned. If the goods are sold, the following fees are chargeable for the appraisement and sale, and no others : — For the appraisement, SIXPENCE IN THE POUND on the value of the goods appraised, over and above the stamp duty. For the sale, including advertisements, catalogues, sale and commission, and delivery of the goods, ONE SHILLING IN THE POUND ON THE NET PRODUCE OP THE SALE. For advertising and giving publicity to any sale by auction, pursuant to section 145 of the Bankruptcy Act, 1883, in addition to the last-mentioned fee, the sum actually and necessarily paid. Where no sale takes place by reason of the execution being withdrawn, satisfied, or stopped there may be allowed all charges actually and necessarily incurred for inventory, appraisement, cataloguing, lotting, and preparing for sale, not exceeding one shilling in the pound on the value of the goods seized, if such value does not exceed ten pounds, andEiGHTPENCB IN THE pound on any excess above ten pounds, the value to be fixed by appraisement in case of dispute, and in addition any sum actually and necessarily paid for advertising pursuant to section 145 of the Bankruptcy Act, 1883. If the goods are removed, the bailifiE is required to give the debtor a sufficient inventory of the goods so removed, and to give him notice of the time when and the place where such goods will be sold, at least twenty -four hours before the time fixed for the sale. It the goods are sold, the bailiff is required to furnish the debtor, on request, with a detailed account in writing of the sale, and of the application of the proceeds thereof. 378 Order XXV., Rule 8. 164. [164A.J Warrant of Execution against Goods of Defendant who is a Married Woman. Whereas on the day of , 19 , the Plaintifl: obtained a judgment [or an order] in this Court against the Defendant for the sum of £ for debt [or damages] and costs ; and it was thereupon ordered by the Court that ijhe Defendant should pay the same to the Registrar on the day of [or by instalments of for every days] : And it was further ordered that execution upon the said judgment [or order] be limited to the separate property of the Defendant not subject to any restric- tion against anticipation, unless by reason of section 19 of the Married Women's Property Act, 1882, such property should be liable to execution notwithstanding such restriction : And whereas default has been made in payment according to the said judg- ment [or order] : These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendant, being h«r separate property, not subject to any restriction against anticipation as herein- before mentioned, wheresover they may be found within the district of this Court (except the wearing apparel and bedding of her or her family, and the tools and implements of her 'trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said judgment [or order], together with the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any othef- bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the Defendant which may- there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day of 19 . By the Court, To the High Bailiff of the said Court, and others the Bailiffs thereof. Registrar. Amount for which judgment [or order] was obtained & g. d. Paid into Court Remaining due Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon.] 379 minutes Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said Defendant. Application was made to the Registrar for this warrant at past the hour of in the noon of the day of 1.9 See Back. For indorsement of fees for execution of warrant, see Form 163. day of Order XXV. it was ordered by the Court, that judgment 165. [165]. Warrant of Execution against Goods of Plaintiff Whereas at a Court holden at on the 19 should be entered for the Defendant [or that a nonsuit be entered], and that the PlaintifE should pay to the Registrar, on or before the day of , the sum of £ for the Defendant's costs : And whereas default has been made in payment according to the said order : These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Plaintiff, wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Defendant under the said order, together with the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of -exchange, promissory notes, bonds, specialties, or securities for money of the Plaintiff which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of the Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court, this day of 19 c By the Court, Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof.. Costs adjudged Paid into Court Bemaining due Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon] 380 Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said Plaintiff. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 See Back. For indorsement of fees for execution of warrant, see Form 163. No No. of Plaint No. of Exeoiition Amount received 166. [166.] Receipt for Money Levied In the County Court of holden at 19 •1 No. No. of Plaint I Between and No. of Execution Received of th.e above-named the sum of pounds sMUinprs and pence. R.S. possession man). £ : : for 19 Plaintiff Defendant Bailiff. Order Xll. 167. [167.] Order under the Friendly Societies and other Acts. [Not to he printed.'} Upon the trial of this action at a Court holden this day, it is ordered that the Defendant do [_here insert the terms of the order made by the Court} : And it is further ordered, that [insert terms of order}. Order XLI. 168. [168.] Order for Warrant oe Execution to issue under the Friendly Societies and other Acts. [Not to be printed.} Whereas at a Court holden at on the day of 19 , it was ordered by the sairl Court [here insert the terms of the order made by the Court} : And it was then further ordered, that [recite terms of order} : 381 And whereas it appears to the Court that the Defendant has not obeyed either of the said orders, although demand in that behalf was duly made upon him : • It is therefore ordered, that a warrant of execution issue for the said sum, being the amount of such penalty and the costs thereof. 169. [169.] Warrant of Execution against Goods under the Friendly Societies and other Acts. "Whereas at a Court holden at on the day of 19 , it was ordered by the said Court, that [here insert the terms of the order made by the Gourf] : And it was then further ordered, that [recite terms of order"} : And whereas the Defendant has not obeyed either of the said orders : These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendant, wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of the Defendant or his family, and the tools and implements of his trade, if any, to the value of five pounds) the sum stated at the foot of this warrant, being the amount of such penalty and costs, together with the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bon^s, specialties, or securities for money of the Defendant which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Regi-strar of the Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court, this day of 19 . By the Court, Order XLJ. Registrar. To the High Bailiff of the said Courts and others the Bailiffs thereof. Amoimt ordered to be paid Costs adjudged ' £ 1. d. Poundage for isBumg this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon.] 46 & 47 Vict. 0. 52. 8. 145. '53 & 54 Vict. 0. 71. a. 12. Order XXV., Bule 24. 382 Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unlees they be of a perishable nature, or at the request of the said Defendant. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back. For indorsement of fees for execution of warrant, see Form 163. 170. [169a, Feb., 1892.] Notice of Application for Sale op Goods otherwise than by Auction. \_Not to he printed.'] Take notice that I, the undersigned A.B., the execution creditor [or execution debtor] herein, shall on the day of at o'clock in the noon, at [state where application will he made'}, apply to his Honour the Judge [or to the Registrar] of this Court for an order that a sale of the goods Beized under the execution herein may be made otherwise than by public auction, that is to say [e.g., by private sale to (state name of intending purchaser if known)']. The grounds of the application are as follows [state the grounds]. A.B. To the High BailiflE and to E.F., Q.H., &c. [name the other persons to he served]. Order II., Rule 35. 171. [170a, April, 3895.] Notice op Levy under Execution in respect op a Judgment por A Sum exceeding 20Z. Take notice, that the warrant of execution issued against the goods of the Defendant [naming him] has been duly executed, and that the proceeds thereof now left in my hands, after deduction of £ for the costs of execution, amount to the sum of £ , which will be duly retained by me for 14 days pursuant to the provisions of sub-section 2 of section 11 of the Bankruptcy Act, 1890. High Bailiff. To the Registrar of the County Court of holden at And to the PlaintiflE. 383 172. Notice of Receiving Order. Take notice, that having received notice that a receiving order has been made 46 & ii Viot. under the Bankruptcy Act, 1883, against the Defendant [^naming him'], I have order^il withdrawn from possession of the goods seized under the warrant of execution Rule 36. issued against the said Defendant [and have delivered the same to the Official Receiver [or trustee] under the said order]. High BailiflE. To the Plaintiff. 173. [172.] High Bailiff's Warrant to Registrar of Foreign Court. Whereas the warrant of execution hereto annexed has been issued out of this 51 & 52 Vict. Court against the goods and chattels of : ^ *^- ^* ^^^' And whereas the goods and chattels of the said are out _ XXVIII., of the ordinary jurisdiction of this Court, and are believed to be within the jurisdiction of the County Court of holden at , of which you are the Registrar : [or, Whereas the order of commitment hereto annexed has been made against ' : And whereas the said is out of the ordinary jurisdiction of this Court, and is believed to be vdthin the jurisdiction of the County Court of holden at , of which you are the Registrar :] These are therefore to require you to cause the said warrant [or order] to be executed within the ordinary jurisdiction of the said last-mentioned County Court. Rule 1. Dated this day of .19 i'o the Registrar of the County Court of holden at High Bailiff of the County Court of holden at Note.— This warrant must be signed by the high bailiff and sealed in accordance with section 158 of the Act. 174. [173.] Notice of Non-Execution of Warrant or Order of Commitment. Take notice, that the warrant of execution [or order of commitment] in this Order II., action has not been executed within one calendar month from the day of its ^^^^ ^^' delivery to me, for the following reasons (state reasons). High Bailiff to the County Court of holden at To the Registrar of the Coanty Court of holden at f)rder xxvin., Rules 2, 3. 384 175. [174.] Return and Certificate pBom Foreign Court. A.B. V. CD. Return to above Warrant of Execution [or Order of Commitment] FROM THE High Bailiff of the County Court of holden at to the high bailiff of the county Court of holden at No. of Plaint. No. of Warrant. £ *.- d. £ s. d. Gross amount levied or received — Payments in deduction Man in possession days, on & , value of goods seized. For appraisement fees on £ • Paid for stamp For fees of sale on & For rent to landlord Extra possession under claim days (actual costs). Costs of interpleader ordered by Court to be ' deducted out of the proceeds. Net amount paid to the credit of the execution creditor ... ... High Bailifle. I hereby certify that the above charges are correct, and that the sum of £ was paid into Court this day of 19 Registrar. Order XXV., Rule 26 (2). 176. [New.] Precipe for Judgment Summons. In the County Court of holden at No. of Plaint No. of J. S. PlaintifiE's Names in full. PlaintifE's Residence and | Occupation. ' Names of all Defendants in full. Residences or Places of Business ■\ of Defendants, with the Nos. of > the Houses, and Occupations. ) 385 I apply for the issue of a judgment summons against the above-named Defendant Iname the Defendant, or, if there are more Defendants than one, and Plaintiff desires to proceed against some or one only, name them or him"] in respect of a judgment [or an order] of this Court. And I undertake to prove to the satisfaction of the Court at the hearing, that the judgment debtor has, or has had since the date of the judgment [or order], the means to pay the sum in respect of which he has made default, and that he has refused or neglected, or refuses or neglects, to pay the said sum. I am aware that if I do not prove' the same accordingly I shall have to pay the costs of this summons. Judgment Creditor, or, , Solicitor to Creditor. Solicitor's Address. FqI. TO BE FILLED UP BY CLERK. Min. Bk. . Pol. . Ledger Amount of judgment [or order] and costs Deduct : — ^Amounts (if any) in respect of which an order of commitment was made and defendant was imprisoned before date of order £ s. a. £, s. d. Add : — Costa of previous judgment summonses, hearings, and commitments (if any) since date of judgment [or order] allowed by the Judge Deduct :— Paid into Court — otherwise than under execution against the goods under execution against the goods, after deducting costs of execution Amounts in respect of which an order of commitment has been made since date of judgment [or order], and in respect of which defendant has been or may be imprisoned Amounts which were not required to have been paid before the date of this summons Sum in payment of which defendant has made default Date when granted / 190 177. [52a., Feb., 1892.]. Affidavit for leave to issue Judgment Summons against Defendant out of the District. No. of Plaint. Order XXV., Rule 26. In the County Court of holden at Between and 8775 PlaintifiF, Defendant, 3 B 386 (') State name, resi- dence, and 03oupation. the above-named PlaintifiE, J 19 , I [or the ('■) Name all the Defendants. (') Name the Defendant against whom Plaintiff deaires to proceed. (') If the De- fendant was not living or carrying on business within the district when the plaint was entered, state where he lived or car- ried on busi- ness when the cause of action arose. If a Master. (OState what. (») State where, and any circum- stances show- ing that the business is profitable or that he has means to pay. It a workman (') State the name and place of busi- ness of his employer, if known. O Or, if these facts are not known, state that the de- ponent does not know them. 1,0 oEC) [or 1,0 of(i) iriat'i oath and say as follows : — 1. On the day of Plaintiff] obtained a judgment [or an order] in this Court for the sum of £ [or for £ including costs] against the Defendant {^) and the same [or £ : : part thereof] is still unsatisfied [and instalments of are now in arrear.J 2. The Defendant (') was [or was not] at the date of the entry of the plaint in the action in which the said judgment [or order] was obtained living [07- carrying on business] within the district of this Court. 2a. (*) The Defendant was living [or carrying on business] at in the county of when the debt sued for in the said action was contracted [or the cause of action arose.] 3. The Defendant now lives at in a house [or shop] apparently of the yearly rent or value of £ 4. The Defendant carries on the business of a (') in a («) at («) [or 4. The Defendant is now employed as a atO and earns per week. 5. The Defendant is unmarried [or is married and has children, of whom work and earn wages] (*) 6. I apply to the Court for leave to issue a judgment summons against the said Defendant in respect of the non-payment of the said sum of remaining unsatisfied and in arrear as above-mentioned.. Sworn at in the County of this I day of One thousand nine hundred and Before me, Registrar. [or Clerk nominated to take Affidavits]. Leave granted [or refused]. _________^___^^_^______ Judge. 387 178. [50b., April, 1895.J Judgment Summons on a Judgment or Order op a County Court. The Debtors A.ct, 1869. In the [title of Court issuing summons}. No. of Plaint. 32 j, 33 Vict. 0. G2. s. 5. Order XXV. Rulea 25. 31. No. of Judgment Summons, order XXV. Defendants. Between A.B. [Address, Description']. Plaintiff, and CD. [Present address, description, and if known, place of employment.'] Defendant. Whereas the Plaintiff obtained a judgment \or, if no judgment has been obtained, or if a fresh order has been obtained upon a judgment, an order] against the above-named Defendant Q-) in this Court [or in the n-, ^ante County Court of holden at J on the all the day of - 19 ) for the payment of £ for debt [or damages] and costs, forthwith [or on the day of 19 , or by instalments of for every days], and subsequent costs have been incurred in pursuance thereof and allowed by the Judge, amounting to : And whereas default has been made in payment of the sum of payable in pursuance of the said judgment [or order], and the Plaintiff has required this judgment summons to be issued against you the Defendant (^) : ■' a ., K y ^2) Name the Defendant You the said are therefore hereby summoned to appear againstwhom personally in this Court at [place where Court holden] on summdn^ir' the day of 19 , at the hour of in the noon, issued. to be examined on oath by the Court touching the means you have or have had since the date of the said judgment [or order] to satisfy the sum payable in pursuance of the said judgment [or order] ; and also to show cause why you should not be committed to prison for such default, or why a receiving order should not be made against you pursuant to subsection 3 of section 103 of the Bankruptcy Act, 1883. Dated this . day of 19 Registrar. 8775 2 B 2 388 To [name the Defendant against whom the summons is issued."]. Order XXV., Rule 31. Order XXV., Rule 37. .f.l & 52 Viot. C. 43. B. 83. Amount of judgment [())• order] and costs Deduct : — Amounts (If any) in respect of wMch an order of commitment was made and defendant was imprisoned before date of Of^er Add : — Costs of previous judgment summonses, hearings, and commitments .(if any) since date of judgment [or order], allowed by the Judge Ded'uct : — Paid into Court, Led. Fo. otherwise than under execution against the goods under execution against the goods (after deducting costs of execution) Amounts in respect of which an order of commitment has oeen made since date of judgment [or order], and in respect of which defendant has been or may be imprisoned Amounts which were not lequired to have been paid before the date of this summons (see note (*) below) Sum in payment of which defendant has made default Qpsts of this summons * Where a fresh order has been made after defendant has been committed and imprisoned, this anount will be the difference between the amount of the instalments in arrear at the date of the summons and the whole sum payable under the fresh order, exclusive of the amount in respect of which defendant was imprisoned before the order. See Order XXV., Rule 55. For indorsement of service, see Form 34. 178a. Memorandum to bk printed at foot op or annexed to judgment summons where travelling expenses are paid or tendered to the judgment debtor. [ This Memorandum tuill he the same as paragraph 2 o/ Form 124. J TO EVERY Rule 26, 179. [50a., Feb., 1892.] ]\[EMORANDUM TO BE PRINTED AT FOOT OF OR ANNEXED Judgment Summons issued pursuant to Order XXV.. FOR Service out of the District. Note.— By Order XXV., Rule 37, of the County Court Rules, it is provided as follows : — Where a judgment creditor at whose instance a judgment summons is issued, or a judgment debtor summoned to appear by a judgment summons, does not reside within the district of the court in which the summons is to be heard, he may forward to the registrar of the court from which the summons is issued an affidavit, setting forth any facts which he may wish to be before the Court prior to any order being made on tlie summons. And the Judge may, if he thinks fit, on the hearing of the j adgment summons admit the affidavit as the evidence of the person by whom the same is made. An affidavit may be sworn before any judge or registrar, or clerk to a registrar nominated by the judge for that purpose, or a commissioner for oaths, or a justice of the peace, 389 180. [51. J Affidavit where Judgment Summons is sought on a Judgment or order xxv., Order of a Court other than a County Court. Rule so. The Debtors Act, 1869. In the County Court of holden at In the matter of a judgment [or order] of the High Court of Justice [or as the case may he"]. Between A.B. [Address, Description]. Plaintiff, CD. and [Address, Description]. Defendant. I, A.B., the above-mentioned Plaintiff, make oath and say 1. That on the day of , 19 , I obtained a judgment [or an order] in (here set forth the style of the Court in tvhich the judgment or order was obtained) against G.D., the above-named Defendant, for the payment of the sum of 2. That there is still due under the said judgment [or order] the sum of 3. I apply for the issue of a judgment summons against the above-named Defendant in respect of the nonpayment of the said sum of Sworn at &c. A.B. 181. [53.] Judgment Summons on a Judgment or Order op a Court other THAN A County Court. The Debtors Act, 1869. 32 & 33 Vict. c. 62, s. .5 In the [title of Court issuing summons]. order xxv.. No. of Judgment Summons. ^^^^^ 25, .so, Between A.B. Plaintiff, [Address, Description]. and CD. Detendant. [Present address, description, and if known, place of employment]. Whereas the Plaintiff obtained a judgment [or an order] against the above-named Defendant (') in the High Court of Justice (0 Name nil [or as the case may he] on the day of for the '^^ Defend- sum of £ and there is now due and payable under the said judgment [or order] the sum of £ : m against whom the summons is isaued. And whereas the Plaintiff has required this judgment summons to be issued (';> Name the against you the Defendant (J') Defeiudant ^_ n • j.i,- n <• + You are therefore hereby summoned to appear personally m tnis uourt at [place where Court holden'] on the day of 19 , at the hour of in the noon, to be examined on oath by the Court touching the means you have or have had since the date of the said judgment [or order] to pay the said sum, in payment of which you have made default ; and also to show cause why you should not be co.nmitted to prison for such default, or why a receiving order should not be made against you pursuant to subsection 3 of section 103 of the Bankruptcy Act, 1883. Dated this day of 19 Order XXV.. Rule 27. (•) State name, resi- dence, and occupation. (2) State name in which Defendants were sued. (') State _ name, resi- dence, and occupation. Registrar. To [name the Defendanl against %uhom the summons is issued']. Amount remaining due under judgment [nr order] Costs of this summons Total sum due d. For indorsement of service, see Form 34. 18;2. [52c., July, 1892.] Affidavit for leave to issue Judgment Summons on Judgment OR Order against a Firm, or a Person carrying on Business IN A Name other than his own. In the County Court of 1,0 [or 1,(1) make oath and say as follows : - 1. On the ( the Plaintiff] obtained judgment [or an order] in this action in this Court [or in the County Court of holden at or ill the High Court of Justice, or as the case may be] against the Defendants(^) for the sum of £ [and costs] and there is now due and payable under the said judgment [or order] the sum of £ 2. I allege that C) ofO is liable as a partner in [or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] to pay the sum No. of Plaint holden at Between Plaintiff, and Defendants. ofC) the above-named PlaintijGf of ot o ] ,19 ,1 [or S9l payable under the said judgment [or order], and I make this allegation on the following grounds : (1.) that the said has admitted before the Court in the proceedings in which the said judgment [or order] was obtained that he was a partner in [or the sole member of] the said firm of [or the person carrying on Compare business on his own behalf in the name of Rule"^! i ] at the time of the accruing of the cause of action [or has been adjudged in the proceedings in which the said judgment [or order] was obtained to be liable as a partner in [or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] : [or (2) that the said was individually served as Compare a partner in [or the sole member of 1 the said firm of Order XXV., r IX. ■ 1 • 1,- Rule 11. [or as the person carrymg on busmess on his own behalf in the name of ] with the summons in the action in which the said judgment [or order] was obtained, and failed to appear at the trial] : [or (3) (State any other grouftds on which the person against whom a Judgment summons is sought is alleged to he liable, with the deponent's sources of information and grounds of belief.)'} 3. I verily believe that the said is well able to pay the said sum of £ now due and payable under the said judgment [or order] [(=) and I am duly authorised by the Plaintiff to make (») Tobe this affidavit on his behalf]. added wherc^ AT 1 J! n • J! • 1 Plaintiff dois 4. 1 apply tor the issue of a judgment summons against the said not himself in respect of the non-payment of the said sum of £ . "^J® 'i^® Sworn at in the County of this day of 19 Before me, 183. [52d., July, 1892.] Affidavit for leave to issue Judgment Summons for Service out Order xx v. OP THE District on Judgment or Order against a Firm, or a '''^1^27. Person carrying on Business in a Name other than his own. No. of Plaint In the County Court of holden at Between Plaintifif, and Defendants. ■£,(0 of (1) (1) state the above-nan. ed Plaintiff "^™^' ■^'•'s'; n T^N ,. ,t^ , denoe, and [or 1(1) of (1) ] occupation. make oath and say as follows : — 1. On the day of , 19 , I [or the PlaintifiE] obtained judgment [or an order] in this action in this C!ourt [or in 392 CO state name in which De- fendants Tvere sued. C) State name, resi- dence, and occupation. Compare Order XXV., Rule 11. Compare Order XXV., Rule 11. the County Court of holden at or ill the High Court of Justice, or as the case may be] against the Defendants(2) for the sum of £ [and costs], and there is now due and payable under the said judgment \_or order] the sum of £ 2. I allege that (') of(3) is liable ae a partner in [_or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] to pay the sum payable under the said judgment [or order], and I make this allegation on the following grounds : (1.) that the said has admitted before the Court in the proceedings in which the said judgment [or order] was obtained that he was a partner in [or the sole member of] the said firm of [or the person carrying on business on his own behalf in the name of ] at the time of the accruing of the cause of action [or has been adjudged in the proceedings in which the said judgment [or order] was obtained to be liable as a partner in [or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ]: [or (2) that the said was individually served as a partner in [or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] with the summons in the action in which the said judgment [or order] was obtained, and failed to appear at the tiial :] [or (8) (State any other grounds on which the person against whom a judgment summons is sought is alleged to be liable, with the deponent's sources of information and grounds of belief.)] (0 Or as the case may be. (») State name in which De- fendants were sued. (») State what. 3. The said now lives at and there occupies a house [or shop or rooms(*) of the yearly rent or value of £ 4. The said firm oiQ) O State [or the said(«) where, and carry [or carries] on the business of (") add any facts i„ „(e\ atr'"> showing that ^^ ^^ ) ^^^ J the business is profitable. (0 State name in which De- feiidiuits were sued. C) If separ- ate means are alleged, state any facts showing such means. 5. The said has [or has not] separate means apart from the business of the said(*) [ur the said(8) ]C). 393 6. has The said children, of whom is unmarried \_or is married and work and earn wages] (^'') 7. I verily believe that the said is well able to pay the said sum of £ now due and payable under the said judgment [or order] [(ii)and I am duly authorised by the Plaintiff to make this affidavit on his behalf]. 8. I apply to the Court for leave to issue a judgment summons against the said in respect of the nonpayment of the said sum of £ Sworn at County of day of Before me, Registrar. [or Clerk nominated to take Affidavits.] Leave granted [or refused]. Judge. ('») If these facts are not known, state tliat deponent does not know them. (") To be added where Plaintiff does not himself make the affidavit. 184. [52b., July, 1892.] Judgment Summons on Judgment or Order against a Firm, or Person carrying on Business in a Name other than his own. The Debtors Act, 1869. No. of Plaint No. of Judgment Summons holden at Between PlaintiflE, and Defendants. In the County Court of To(2) of Whereas the Plaintiff obtained judgment [or an order] against the Defendants by and in the name ot(}) above described in this Court [or in the County Court of holden at or in the High Court of Justice, or as the case may be] on the day of ) 19 > foi" tlie sum of £ [and costs] and there is now due and payable under the said judgment [or order] from the said(i) to ti^g gg^i^ PlaintifiE the sum of £ : And whereas the said Plaintiff has filed an affidavit in this Court, a copy whereof is hereunto annexed, wherein it is alleged that you the above named are liable as one of the partners in [or the sole member of] the said firm ot(}) [or as the person carrying on business on your own behalf in the name of C^) ] to pay the sum payable under the said judgment [or order] : 32 & 33 Vict, 0. 62. s. 5. Order XXV., Rules 27, 31. Address, description C) State name,addiess, and descrip- tion, as in the original summons, with any amendment made by the Court. O State the name,address, and descrip- tion of one of the persons alleged to be partners in the firm against whom the judgment or order was obtained, or of the person alleged to be the sole member thereof, or of the person fvlleged to be carrying on business iu a name other than his own. 394 You are therefore hereby summoned to appear personally in this Court, at [place where court holden] on the day of , 19 , at the hour of in the noon, to be examined on oath by the Court touching the means you have or have had since the date of the said judgment \_or order] to pay the said sum of £ now due and payable under the said judgment [or order] ; and also to show cause why you should not be committed to prison for default in payment of the said sum, or why a receiving order should not be made against you pursuant to sub-section 3 of section 103 of the Bankruptcy Act, 1883 : And take notice, that if you deny that you are liable as one of the partners in [or the sole member of] the said firm otQ) [or as the person carrying on business on your own behalf in the name of (i) ] to pay the sum payable under the said judgment [or order] you must appear at this Court on the day and at the hour above mentioned, and that in default of your so appearing you will be deemed to admit your liability as aforesaid to pay the amount due and payable under the said judgment [or order]. Dated this day of 19 . Registrar. Amount remaining due under judgment [or order] . Costs of this summons Total sum due For indorsement of service, see Form 84. [N.B. — This Summons is available against one person only, and where an order for payment liy instalments lias been made, part only of which are due, must he modified in accordance with the facts.] 185. [52b., Feb., 1892.] Affidavit of Service of Judgment Summons. Order XXV., I, A.B., of [state name, residence, and occupation'] the Rules 31, 33. above-named PlaintiflE [or clerk or servant to the above-named Plaintiff, or solicitor to the above-named Plaintiff, or clerk to Mr. of solicitor to the above-named Plaintiff or as the case may be], make oath and say : — That I did on the day of 19 , at [state the place of service exactly, as 22, King Street, Croydon, the residence of the above-named Defendant, CD., or the place of business S95 of E.F. the employer of the above-named Defendant, CD., J duly serve the above-named Defendant, G.D., -w-ith a judgment summons, a true copy whereof is hereunto annexed, marked A., [add, if so, with copy of affidavit annexed] by delivei'ing the same personally to the said Defendant. \_Add, if travelling expenses paid or tendered with judgment summons. That I paid [or tendered] to the said , at the same time and place, the sum of for his expenses.] [Indorse tJie copy judgment summons thus .—This paper, marked A., is the paper referred to in the annexed affidavit]. 186. [54.] Order on Judgment Summons altering Original Judgment OR Order. The Debtors Act, 1869. 32 & 33 Vict. ' c. 62. B. 5. In the [title of Court issuing summons']. t^T^^^' No. of Plaint No. uf Judgment Summons Between A.B. PlaintifiF, [Address Description] and G.D. Defendant. [P7^esent address, description, and if known, place of employment.] Whereas the Plaintiff obtained a judgment [or an order] against the Defendant in this Court [or in the County Court of holden at ] on the day of , 19 , for the payment of the sum of £ , together with £ for costs, and in payment thereof [or of part thereof] the Defendant has made default : [or, Whereas the Plaintiff obtained a judgment [or an order] against the Defendant in the High Court of Justice [or as the case may he] on the day of , for the sum of £ , and there is now due and payable under the said judgment [or order] the sum of ] : And whereas a summons was, at the instance of the Plaintiff, duly issued out of this Court, by which the Defendant Q) was (') Name the required to appear personally at this Court on the day of , 19 , Defendant to be examined on oath touching the means he had then or had had since the judgment the date of the said judgment [or order] to pay the said sum of £ , summons which summons has been proved to this Court to have been personally and duly served on the said Defendant : 396 Acknowledgment of payment into Court. . Date. & s. d. Received by It is ordered, that the said Defendant [naming him] do pay the amount still due on the said judgment \_or order], and the costs of the said summons and its hearing, as stated at the foot of this order, to the Registrar of this Court, by instalments of £ for every days ; the first payment to be made on the day of 19 Given under the seal of the Court, this day of 19 Registrar. Amount remaining due under judgment [or order] ... Costs of judgment summons and its hearing 32 & 33 Vict, c. 62. s. 5. Order XXV., Rule 46. 187. [55.] Order op Commitment on a Judgment or Order op a County Court. The Debtors Act, 1869. In the \title of Court ordering Commitment']. A.B. CD. Between and No. of plaint No. of judgment summons No. of order PlaintiflE, Defendant. To the High BailifE and others the BailifEs of the said Court, and all Peace Officers -within the jurisdiction of the said Court, and to the Governor of the \_prison used by the Court]. Whereas the PlaintifE obtained a judgment [or an order] against the Defendant in this Court [or in the County Court of holden at ] on the day of , 19 , for the payment of £ for debt [or damages] and costs, and subsequent costs have been incurred in pursuance thereof amounting to : And -whereas the Defendant has made default in payment of payable in pursuance of the said judgment [or order] : And whereas a summons was, at the instance of the Plaintiff, duly issued 397 was required (') Name the ^ Q Defendant ) -'-•' > against whom judp^ment Bummons was issned. out of tliis Court, by which the Defendant Q) to appear personally at this Court on the day of to be examined on oath touching the means he had then or had had since the date of the said judgment [or order] to satisfy the sum then due and payable in pursuance of the said judgment [or order], and to show cause why he should not be committed to prison for such default, which summons has been proved to this Court to have been personally and duly served on the said Defendant : And whereas, at the hearing of the said summons, it has now been proved to the satisfaction of the Court that the said Defendant now has [or has had since the date of the said judgment lor order] ], the means to pay the sum due and payable in pursuance of the said judgment lor order], and refuses lor neglects] lor has refused or neglected] to pay the same, and the said Defendant has shown no cause why he should not be committed to prison : Now, therefore, it is ordered that for such default as aforesaid the said Defendant " Inaming Mm} shall be committed to prison for days, unless he shall sooner pay the sum stated below as that upon payment of which he is to be discharged, or shall file such affidavit as is mentioned in Order XXV., Eule 43, of the County Court Rules. These are therefore to require yon the said High Bailiff, Bailiffs, and others, to take the Defendant Inaming him'] and to deliver him to the Governor of the Iprison used hy the Courf], and you the said Governor to receive the said Defendant, and him safely keep in the said prison for days from the arrest under this order, or until he shall be sooner discharged by due course of law. Given under the seal of the Court this linsert date of order] of 19 Registrar. Sum in payment of which defendant had made default at time of issue of judgment summons Fees and costs on issue and hearing of judgment summons * s. d. Deduct amount paid into court since issue of judgment summons ... Poundage on this order Sum on payment of which the debtor is to be discharged This order remains in force for one year only from the date hereof, unless such time is extended under Order XXV., Rule 46. Add when so ordered— The time during which this order is to remain in force was on the day of extended by order of the Judge to the day of , 19 . Registrar. 398 188. [56.] Indorsement of Order op Commitment sent to and issued by A FoRBiUN Court. To the Governor of the [_here insert name of prison of foreign Courtly. 51 & 52 Vict. Take notice, that in accordance with the provisions of section one hundred Order \xv ^^'^ fifty-eight of the County Courts Act, 1888, ttis order of commitment has Rule 41. been sent to me and issued by me to the High BailiflE of this Court, and that the debtor, if apprehended within the jurisdiction of this Court, is to be conveyed to the prison of this Court, and is to be there kept for the time mentioned in the order of commitment, unless sooner discharged by law. Dated this day of , 19 . Registrar. 189. [57.] Order op Commitment on Judgment or Order op a Court other THAN A County Court. The Debtors Act, 1869, 32 & 33 Viot. In the \tille of Court ordering Gommitment']. o. 62. s. 5. Order XXV.. t,t c ^ ■ i. Rule 46. No. of plamt No. of judgment summons No. of order Between A.B. Plaintiff, and CD. Defendant. To the High BailiflE and others the Bailiflfs of the said Court, and all Peace Officers within the jurisdiction of the said Court, and to the Governor of the [prison used by the Courf]. Whereas the PlaintifE obtained a judgment \_or an order] against the Defen- dant in the High Court of Justice [as the case may be'] on the day of ) 19 , for the sum of £ , and there is now due and payable under the said judgment [or order] the sum of ; 399 And whereas a summons was, at the instance of the Plaintiff, duly issued out of this Court, by which the Defendant (') to appear personally at this Court on the day of was required (') Name tlie tn Defendant agaiu9t'wliom to be examined on oath touching the means he had then or had had since the judgment date of the said judgment [or order] to pay the said sum, in payment of which ^^^ issued, he had made default, and to show cause why he should not be committed to prison for such default, which summons has been proved to this Court to have been personally and duly served on the said Defendant : And whereas, at the hearing of the said summons, it has now been proved to the satisfaction of the Court that the said Defendant now has [or has had since the date of the said judgment [or order] ] the means to pay the sum due and payable under the said judgment \_or order] and refuses l_or neglects] [_or has refused or neglected] to pay the same, and the said Defendant has shown no cause why he should not be committed to prison : Now, therefore, it is ordered that for such default as aforesaid the said Defendant ^naming him] shall be committed to prison for days, unless he shall sooner pay the sum stated below as that upon payment of which he is to be discharged, or shall file such affidavit as is mentioned in Order XXV., Rule 43, of the County Court Rules. These are therefore to require you the said High BailiflE, BailiflEs, and others, to take the Defendant [^naming him'] and to deliver him to the Governor of the [prison used by the Court], and you the said Governor to receive the said l)ef endant, and him safely keep in the said prison for days from the arrest under this order, or until he shall be sooner discharged by due course of law. Given under the seal of the Court this [insert date of order] ,19 . day of Registrar. Amount remaining due under judgment [or order] at time of issue of judgment summons Fees and costs on issue and hearing of judgment summons ... Deduct amount paid into court since issue of judgment summons . Poundage on this order Sum on payment of which the debtor is to be discharged ... This order remains in force for one year only from the date hereof, anless such time is extended under Order XXV., Rule 46, 400 Add when so ordered: The time during which this order is to remain in force was on the day of extended by order of the Judge to the day of , 19 . Registrar. 32 & 33 Viot. o. 62. s. 5. Order XXV., Rule 40. Address, description. (>)Statename, address, and description, as in the original summons, with any amendment made by the Court. 190. [New.J Order on Judgment Summons on a Judgment or Order against a Firm, or a Person carrying on Business in a Name other than his own, altering the original judgment or order. The Debtors Act, 1869. No. of Plaint No. of Judgment Summons O state the name,address, and descrip- tion of one of the persons alleged to be partners in the firm against whom the judgment or order was obtained, or of the person alleged to be the sole member thereof, or of the person alleged to be carrying on business in a name other than his own. In the County Court of holden at Between and (}) Plaintiff, Defendants. Whereas the Plaintiff obtained a judgment [or an order] against the Defendants by and in the name of above described in this Court [or in the County Court of holden at or in the High Court of Justice, or as the case may he'] on the day of , 19 , for the sum of £ [and costs], and there is now due and payable under the said judgment {or order] from the said Defendants to the said Plaintiff the sum of £ : And whereas the said Plaintiff having filed an affidavit in this Court, wherein it was alleged that(2) was liable as one of the partners in [or the sole member of] the said firm of \or as the person carrying on business on his own behalf in the name of ] to pay the sum payable under the said judgment [or order], a summons was, at the instance of the said Plaintiff, duly issued out of this Court, by which the said was required to appear personally at this Court on the day of ,19 , to be examined on oath touching the means he had then or had had since the date of the said judgment [or order] to pay the said sum of £ , and notice was thereby given to the said that if he denied that he was liable as one of the partners in [or U.c sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of J to pay the sum payable under the said 401 judgment [or order] he must appear at this Court on the day above mentioned, and that in default of his so appearing he would be deemed to admit his liability as aforesaid to pay the amount due and payable under the said judgment [or order] : And whereas the said summons came on for hearing this day, and the said summons has been proved to this Court to have been personally and duly served on the said : And whereas the said did not appear at the hearing of the said summons : [or And whereas the said appeared at the hearing of the said summons, and admitted his liability as one of the partners in [or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] to pay the sum payable under the said judgment [or order] : [or And whereas the said appeared at the hearing of the said summons, and denied that he was liable as one of the partners in [or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] to pay the sum payable under the said judgment [or order], but proof has been made to the satisfaction of the Court that the said is liable as one of the partners in [or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] to pay the said sum : It is ordered, that the said do pay the amount still due on the said judg- ment [or order], and the costs of the said sum- mons and its hearing, as stated at the foot of this order, to the Registrar of this Court, by instal- ments of £ for every days ; the first payment to be made on the day of 19 . Given under the seal of the Court, this day of 19 , Registrar. Acknowledgment of payment into Court. Date. & t. d. Received by Amount remaining due under judgment [or order] Costs of judgment summons and its hearing ... 8776 2C 402 191. [New.j Order of Commitment on a Judgment Summons on a Judgment or Order against a Firm, or a Person carrying on Business in a Name other than his own. 32 & 33 Vict. o. 62. 8. 5. Order XXV., Rule 16. Address, description, ,(') State uame,addres8, ^nd descrip- tion, as in the original summons, with any amendment made by the Courts. The Debtors Act, 1869. No. of Plaint No. of Judgment Summons C) state the name,address, and descrip- tion of one of the persons alleged to be partners in the firm against whom the judgment or order was obtained, or of the person alleged to be the sole member thereof, or of the person alleged to be carrying on business in a name other than his own. In the [^Title of Court ordering Commitment']. Between and PlaintiflE, Defendants. To the High BailiflE and others the Bailiffs of the said Court, and all Peace Officers within the jurisdiction of the said Court, and to the Governor of the \j)rison used by the Court]. Whereas the PlaintifiE obtained a judgment [or an order] against the Defendants by and in the name of above described in this Court [or in the County Court of holden at or in the High Court of Justice, or as the case may he] on the day of , 19 , for the sum of £ [and costs], and there is now due and payable under the said judgment [or order] from the said Defendants to the said Plaintiff the sum of £ : And whereas the said Plaintiff having filed an affidavit in this Court, wherein it was alleged that (^) was liable as one of the partners in \or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] to pay the sum payable under the said judgment [or order] a summons was, at the instance of the said Plaintiff, duly issued out of this Court, by which the said was required to appear personally at this Court on the day of 19 , to be examined on oath touching the means he had then or had had since the date of the said judgment [or order] to pay the sum due and payable under the said judgment [or order], and also to show cause why he should not be committed to prison for default in payment of the said sum, and notice was thereby given to the said that if he denied that he was liable as one of the partners in [or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] to pay the sum payable under the said judgment [or order] he must appear at this Court on the day above mentioned, and that in default of his so appearing he would be deemed to admit his liability as aforesaid to pay the amount due and payable under the said judgment [or order] : 403 And whereas the said summons came on for hearing this day, and the said summons has been proved to this Court to have been personally and duly served on the said And whereas the said did not appear at the hearing of the said summons : [or And whereas the said appeared at the hearing of the said summons, and admitted his liability as one of the partners in [or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] to pay the sum payable under the said judgment [^or order] : [^or And whereas the said appeared at the hearing of the said summons, and denied that he was liable as one of the partners in [^or the sole member of] the said firm of [_or as the person carrying on business on his own behalf in the name of ] to pay the sum payable under the said judgment \_or order], but proof has been made to the satisfaction of the Court that the said is liable as one of the partners in [or the sole member of] the said firm of [or as the person carrying on business on his own behalf in the name of ] to pay the said sum] : And whereas at the hearing of the said summons it has now been proved to the satisfaction of the Court that the said now has [^or has had since the date of the said judgment \_or order] ] the means to pay the sum due and payable under the said judgment [^or order], and refuses lor neglects] lor has refused or neglected] to pay the same, and the said has shown no cause why he should not be committed to prison : Now, therefore, it is ordered that for such default as aforesaid the said shall be committed to prison for days, unless he shall sooner pay the sum stated below as that upon payment of which he is to be discharged, or shall file such affidavit as is mentioned in Order XXV., Rule 43, of the County Court Rules. These are therefore to require you the said High Bailiff, Bailiffs, and others, to take the said , and to deliver him to the Governor of the [prison used by the Court], and you the said Governor to receive the said and him safely keep in the said prison for days from the arrest under this order, or until he shall be sooner discharged by due course of law. Given under the seal of the Court, this [insert date of order] day of 19 . Registrar. 8775 2 C 2 404 Amount remaining due under judgment [or order] at time of issue of judgment summons Fees and costs on issue and hearing of judgment summons ... £ ». A. Deduct amount paid into court since issue of judgment summons Poundage on this order Sum on payment of which the debtor is to be discharged This order remains in force for one year only from the date hereof, unless such time is extended under Order XXV., Rule 46. Add when so ordered: The time during which this order is to remain in force was on the day of extended by order of the Judge to the day of 19 Registrar. 191a, [New.] Order XXV, NOTICE TO DEBTOR WHERE ORDER OF COMMITMENT MADE, BUT DIRECTED Rule 46 (2). rpQ Bj; SUSPENDED. The Debtors Act, 1869. No. of plaint. No. of judgment summons. In the ITitle of Court ordering Gommitment.'] Between A.B. PlaintifiF, and CD. Defendant. Take notice, that an order of commitment for your imprisonment for days was this day made by the judge of this court.- The order will not be put in force if the sum stated below be paid into coilrt on or before the day of , 19 Tq^ \,y instalments of £ for every days the first payment to be made on the day of ]9 ]. In default of payment within the time above mentioned [or of any instalment! an PF^er ?nay is^ue for your imprisonment for the period above mentioned 405 unlesB you shall sooner pay the whole amount remaining due under the said order, and the poundage on the order. Dated this day of 19 Registrar. £ s. d. Amount payable under the order To the judgment debtor [naming him]. 192. [58.] Affidavit under Order XXV., Rule 43. The Debtors Act, 1869. Order XXV., Rules 43, 44. In the County Court of holden at Between A.B. Plaintiff, and CD. , Defendant. I, G.D. of make oath and say, — 1. That under the Debtors Act, 1869, an order for my commitment was made by the above Court [or the County Court of holden at J, for making default in payment of £ , due from me in pursuance of a judgment [or an order] of the [here insert the Court in which the judgment or order was given or made']. 2. That on the day of ' 19 , I was adjudicated a bankrupt by the [here insert the Court by which adjudication was made]. [or That on the , day of 19 , a receiving order was made for the protection of my estate by the [here insert the Court by which the receiving order was made]. 3. That the receiving order [or the order of adjudication] was published in tbe London Gazette on the day of 19 4. That the debt in respect of which the above judgment [or order] was given [or made] was provable under the bankruptcy. [or 2. That on the day of 19 , an order for the adminis- tration of my estate was made by the [here insert the Court by which the order was made] under the provisions of section 122 of the Bankruptcy Act, 1883, as shown by the certificate of the Registrar of that Court hereto annexed. 3. That the debt in respect of which the above judgment [or order] was given [or made] was due at the date of the said order for administration, and has been notified to the said Court, as appears from the said certificate]. Sworn at CD. Order XXV., Rule 45. 406 193. Certificate under Order XXV., Rule 45. The Debtors Act, 1869. In the County Court of holden at I hereby certify that an order for the administration of the estate of CD. of {here insert address and description of debtor'] was made by this Court under the provisions of section 122 of the Bankruptcy Act, 1883, on the day of , 19 , and that a debt of £ has been notified by the said CD. to the Court as being due from him at the date of the said order to [here insert the name, address, and description of the creditor whose name the debtor wisJws to be inserted!]. Registrar. Order XXV., Rule 44. 194. [60.] Certificate by Registrar for Discharge of Judgment Debtor. The Debtors Act, 1869. In the County Court of holden at Between A.B. Plaintiff, and CD. Defendant. I hereby certify that the Defendant, who was committed to your custody by virtue of an order of commitment under the seal of this Court [or the County Court of holden at j, bearing date the day of 19 , has filed an afBdavit in this Court, stating that [here insert statement in affidavit] ; and that the Defendant may, in respect of such order, be forthwith discharged out of your custody. Given under the seal of the Court this day of 19 . To the Governor of the [prison used by the Court.] Registrar. Order XXV., Rulea 49, 51. 195. [61.J Certificate of Payment by Prisoner. The Debtors Act, 1869. {Heading as in Form>ldi.) I hereby certify that the Defendant, who was committed to my [or yourl custody by virtue of an order of commitment under the seal'of this Court [or of the County Court of holden at j^ bearing date the day of 19 , has paid and satisfied the sum of 407 money for the non-payment whereof he was so committed, together with all costs due and payable by him in respect thereof ; [^add, where the certificate is sent hy the Registrar, and that the Defendant may, in respect of such order, be forthwith discharged out of your custody]. Dated [or given under the seal of the Court] this day of 19 . To the GoYernor of of the County Court of holden at j. Governor of [or* Registrar of the County Court of holden at ]. [or the Registrar 196. [62-] Request by Creditor for Discharge of Prisoner. The Debtors Act. 1869. {Heading as in Form 194.) I, the undersigned A.B., the Defendant CD., To the Registrar. the PlaintiflE in this action, request that Order XXV., if still in custody, may be discharged. ^"'^ ^''■ A.B. 197. [63.] Certificate for Discharge op Prisoner at Request of Creditor. The Debtors Act, 1869. {Heading as in Form 194.) I hereby certify that C.D., who was committed to your custody Order XXV. by virtue of an order of commitment under the seal of this Court [or of the ^^^^ so. County Court of holden at ] bearing date the day of 19 , may, in respect of such order, be forthwith discharged out of your custody. Registrgir of the County Court of holden at To the Governor of 408 Order XXVI., Rules 1, 2. Order XXVI., Bules 1, 2, 198. [155a., Feb., 1892.] Affidavit for leave to summon Garnishee. in the county of &c., solicitor to] the above-named recovered I, A.B., of [or I, CD., of Plaintiff, make oath and say : — 1. That I [or A.B. j on the day of judgment [or obtained an order] in the County Court of holden at , in this action [or matter] against the above-named Defendant for the sum of £ , for debt [or damages] and costs [or for payment of the sum of £ and £ for costs]. 2. That the said judgment is still wholly unsatisfied [or is still unsatisfied as to the sum of £ J. [Or 2. That the whole [or £ part] of the sum payable under the said order is still unsatisfied.] 3. That M.N., of in the county of is indebted to the Defendant in the sum of £ [Add, if so, for payment of which sum the Defendant recovered judgment [or obtained an order] in this Court against the said M.N. on the day of 19 , and by the said judgment [or order] it was ordered that the said M.JV. should pay the said sum of £ to the Registrar of this Court on the day of \ 19 [or by instalments of for every days] and the sum of £ remains due and unpaid under the said judgment [or order].] 4. That the said M.N. resides [or carries on business] within the district of this Court [or that the cause of action between the said Defendant and the said M.N. arose wholly or in part within the district of this Court, or that the said M.N. dwelt [or carried on business] within the district of this Court within six calendar months of this the day of 19 ]. Sworn, &c. 199. [156a., Feb., 1892.] Summons to Garnishee. A.B. {Address and description), CD. (Address and description). Between and and No. of Plaint PlaintifiE, Defendant, Garnishee. M.N. (A ddress and Description). Whereas the Plaintifl: at a Court holden at on the day of 19 , recovered judgment [or obtained an order] against GJ). of [naine, address, and description'] for the sum of for 409 debt [or damages] and costs, [or for payment of the sum of £ and £ for costs] which judgment [or order] remains unsatisfied as to the sum of £ : And whereas the PlaintiflE has filed an affidavit stating that you are indebted to the said G.D. in the sum of £ : You are hereby summoned to appear at a Court to be holden at on the day of , 19 , at the hour of in the noon, to show cause why an order should not be made upon you for the payment to the Plaintiff of the amount of the debts due and owing and accruing from you to the said G.D., or so much thereof as will satisfy the debt due under the said judgment [or order] and the Plaintiff's costs of this proceeding : And take notice, that from and after the service of this summons upon you all such debts are attached to answer the said judgment [or order] : And further take notice, that if you pay to the Registrar of this Court the amount of such debts, or so much thereof as will satisfy the debt due under the said judgment [or order] [and the fees and solicitor's costs indorsed on this summons], five clear days before the day upon which you are required to appear, you will incur no further costs. Dated this day of 19 . To [tHe Garnishee']. Registrar. Amount remaining due under judgment [or order] Costs of tMs summons Solicitor's costs Total amount & This summons is issued at the instance of , the above- named Plaintiff [or solicitor for the above-named Plaintiff], whose address for service is [For Notices to Plaintiff of payment into Gourt by Garnishee, see Forms 73, 74.] the XX.VI., Rule 6 (2) (J). 200. [New.] Notice to Judgment Debtoe op Payment into Court by Garnishee. [Heading as in Garnishee Summons.] Take notice, that the summons, a copy of which is hereunto annexed, was order issued on the day of , and that M.N., Garnishee named in the said summons, has paid into Court the sum of £ And further take notice, that the said sum of £ will be paid out to the Plaintiff A.B^ unless you appear at this Court on the day of and show cause to the contrary. Dated this day of 19 . To the above-named Defendant G.D. Registrar. 410 Order XXVI., Rules 7, 8. 201. [157a., Feb., 189a.] Judgment on Garnishee Summons. [^Heading as in Garnishee Summons.] "Whereas the Plaintiff at a Court holden at on the day of 19 , recovered a judgment [or obtained an order] against CD. of ' for the sum of £ for debt [or damages] and costs, [or for the payment of the sum of £ and £ for costs], which judgment [or order] remains unsatisfied as to the sum of £ : And whereas the Plaintiff having filed an affidavit stating that the above- named M.N. was indebted to the said CD., in the sum of £ , the said M.N. was summoned to show cause why he should not be ordered to pay to the Plaintiff the amount of the debts due and owing and accruing from him to the said CD., or so much thereof as would satisfy the debt due under the said judgment [or order] and the Plaintiff's costs of this proceeding r And whereas the said M.N. has failed to appear before the Court this day [or has appeared before the Court this day and has failed to show cause why he should not be ordered to pay such debts [or has shown sufficient cause why he should not be ordered to pay such debts] to the Plaintiff : If the Pldintiff is allowed his costs of the garnishee proceedings out of the debts found due from the Garnishee to the Defendant, and the amount of such debts, after deducting any costs which the Garnishee is allowed to deduct from the amount due from him to the Defendant, is not sufficient to satisfy such costs and the amount due under the judgment or order obtained by the Plaintiff against the Defendant, proceed as follows .- — It is ordered that the Plaintiff do recover against the said M.N. the sum of £ , being the amount of the debts found due from the said M.N. to the said CD. , [add, if so ordered, after deducting from such amount the sum of which is hereby allowed to be deducted by the said M.N., from the amount of such debts for his costs of this proceeding], and that the sum of £ so recovered be applied first in payment of the costs of the Plaintiff of this proceeding, amounting to the sum of £ , and secondly so far as the same will extend in satisfaction of the debt due under the said judgment [or order] obtained by the Plaintiff against the said CD. [or, If the Plaintiff is allowed his costs out of the debts, and the amount of such debts, after deducting any costs which the Garnishee is allowed to deduct from the {imount due from him to the Defendant, is more than sufficient to satisfy such costs and the amount due under the judgment or order, proceed as follows : It is ordered that the Plaintiff do recover against the said M.N. the sum of £ , being so much of the amount of the debts found due from the said M.N. to the said CD. [add, if so ordered, after deducting from such amount the sum of which is hereby allowed to be deducted by the said M.N., from the amount of such debts for his costs of this proceeding], as will be sufficient to satisfy the costs of the Plaintiff of this proceeding, amounting to the sum of £ 411 and the debt due under the said judgment lor order] obtained by the Plaintiff against the said G.D. .] [or, if the Garnishee is ordered to pay costs personally, proceed as follows : — It is ordered that the PlaintifE do recover against the said M.N. the sum of £ , being the amount of the debts found due from the said M.N. to the said CD. [or, if such debts exceed the debt due under the judgment or order, being so much of the amount of the debts found due from the said M.N. to the said CD. as -will be sufficient to satisfy the debt due under the said judgment [or order] obtained by the Plaintiff against the said CD. ]. And it is further ordered that the Plaintiff do recover against the said M.N. the sum of £- for his costs of this proceeding, such last mentioned sum to be paid by the said M.N. personally.] [or, if judgment is given for the Garnishee, proceed as follows : — It is ordered that judgment be entered in this proceeding for the said M.N. and, if the Plaintiff is ordered to pay costs, add, and that the Plaintiff do pay the sum of £ for the costs of the said M.N. of this proceeding]. And proceed as follows ; — And it is ordered that the said M.N. do pay the said sum of £ [or the said sums of £ and £ amounting together to the sum of £ ] [or that the plaintiff do pay the said sum of £ ] to the Registrar of this Court on the day of 19 . [or by instalments of £ for every days, the first instalment to be paid on the day of 19 .] [7/ the Garnishee is allowed to deduct any costs from the debts due from him to the Defendant, add : — And it is further ordered that the said M.N. be allowed the sum of £ for his costs of this proceeding, and the said sum is hereby allowed to him in part discharge of the debts due from him to the said CD. .J 202. [158.] Execution against Garnishee. [Heading as in Garnishee Summons.] Whereas on the day of * 19 , the above-named Plaintiff Order XXVI., A.B. obtained a judgment in this Court against the above- "'''^® ^■ named M.N., whereby it was ordered that the Plaintiff should recover against the said M.N. the sum of £ being, &c. [recite the judgment entered, according to Form 201] : and it was thereupon ordered that the said M.N. should pay the said sum of £ [or the said sums of £ and £ , amounting together to the sum of £ , to the Registrar on the day of [or by instalments of for every days] : And whereas default has been made in payment according to the said order : These are therefore [the sams as in ordinary executions'}. 412 Order XXVII., Rule 1. Order XXVII., Eule 1 (2). 61 & 52 Viofc. c. 43. s. 156. Order XXVII. Rule 1 (3). a03. [178.] Notice of (Jlaim to Goods taken in Execution. Take notice, that E.F. of , has claimed the goods [o/ certain goods] \_whsre only certain goods are claimed here enumerate them"] taken in execution by me under the warrant of execution issued in this action. If you admit the title of the said E.F. to the said goods, and give notice thereof to me by return of post, you will not be liable for any costs incurred after the receipt by me of youi- notice. Dated, &c. High Bailiff. To \the Execution Creditor.^ 204. [179.] Notice by Execution Creditor of Admission of Titl^ of Claimant. Take notice, that I admit the title of E.F. to the goods seized by you under the execution issued under the judgment in this action. Execution Creditor. To the High Bailiff. 205. [179a., April, 1895.] Notice to Claimant setting up Claim to Goods taken in Execution to make Deposit or give Security. [Heading as in next Form.] Whereas you, E.F., have claimed the goods [or certain goods] \_ivhere only certain goods are claimed here enutnerate them] taken in execution by me under the warrant of execution issued in this action : Take notice, that you are hereby required, in accordance with section 156 of the County Courts Act, 1888, either — (1) to deposit with me the amount of the value of the goods so claimed by you, such value to be fixed by appraisement in case of dispute, to be by me paid into Court to abide the decision of the Judge upon your claim ; or (2) to deposit with me the costs of keeping possession of such goods until such decision can be obtained ; or (3) to give me security by bond with sureties according to section 108 of the County Courts Act, 1888, and Order XXIX. of the County Court Rules, for the value of the goods so claimed by you ; And further take notice, that in default of your making deposit or giving security the goods will be sold as if no such claim had been made by you, and the proceeds paid into Court to abide the decision of the Judge. High Bailiff, To 413 206. [182a., April, 1895.] Interpleader Summons to Execution Creditor, In the County Court of holden at Order XXVII., No. of Plaint Rule 3, Between A.B. Plaintiff, and CD. Defendant, and KF. Claimant. Whereas \_here insert the name, address, and description of claimant, so far as is then known'] has made a claim to [certain goods and chattels \or the proceeds of sale [or value] of certain goods and chattels] taken in execution under process issuing out of this Court at your instance [or certain rent alleged to be due to him in respect of and issuing out of the premises upon which certain goods and chattels were taken in execution under process issuing out Of this Court at your instance] : You are therefore hereby summoned to appear at a Court to be holden at on the day of ,19 , at the hour of in the noon, when the said claim will be adjudicated upon, and such order made thereupon as to the Court shall seem fit. Dated this day of , 19 . Registrar To [the Execution Creditor]. Note. — The Claimant is called upon, fiv6 clear days at least before the day of hearing, to deliver to the High Bailiff, or- leave at the office of the Registrar, two copies of the particulars of his claim, and the High Bailiff is required to forth- with send by post to you one of the copies of such particulars. , 207. [183a., April, 1895.] Interpleader Summons to Claimant setting up Claim to Goods OR Proceeds thereof. [Heading as in Form, 206.] [Name, address, and description of Claimant.] You are hereby summoned to appear at a Court to be holdeft at Order on the day of , 19 , at the hour of in the XXVII. noon, to support a claim made by you to certain goods and chattels [or to the ^ ^ ' proceeds of sale [or value] of certain goods and chattels] taken in execution under process issuing out of this Court at tlie instance of [the Execution Creditor] ; and in default of your then establishing such, claim the said goods and chattels will then be sold and the proceeds thereof paid over [or the said proceeds of sale [or value] will be paid over] according to the exigency of the said process ; 414 Order ^XVII., Rule 3. Order XXVII., Rule 3. And take notice, that you are hereby required, five clear days at least before the said day, to deliyer' to the High Bailiff, or leave at my office, two copies of the particulars of the goods and chattels which [or the proceeds [or value] whereof] are claimed by you, and of the grounds of your claim ; and in such particulars you shall set forth fully your name, address, and description ; and take notice, that in the event of your not giving such particulars as aforesaid your claim will not be heard by the Court. To [the Claimant above named']. 208. [184a., April, 1895.J Interpleader Summons to Claimant setting up Claim to Ebnt in RESPECT OP the PREMISES UPON WHICH EXECUTION WAS LEVIED. [Heading as in Form 206.] [Name, address, and description of Claimant.'] You are hereby summoned to appear at a Court to be holden at on the day of , 19 , at the hour of in the noon, to support a claim made by you to certain rent alleged by you to be due to you in respect of and issuing out of certain premises upon which certain goods and chattels were taken in execution under process issuing out of this Court at the instance of [the Execution Creditor] ; and in default of your then establishing such claim the said goods and chattels will then be sold, and the proceeds thereof paid over according to the exigency of the said process [or if such goods and chattels shall have been then sold or the value thereof de- posited in Court, then the proceeds of such sale or the amount deposited will be paid over according to the exigency of the said process] ; And take notice, that you are hereby required, five clear days at least before the said day, to deliver to the High Bailiff, or leave at my office, two copies of the particulars of the amount of the rent claimed by you, and of the period for which and the premises in respect of which you claim such rent, and of the grounds of your claim ; and in such particulars you shall set forth fully your name, address, and description ; and take notice, that in the event of your not giving such particulars as aforesaid your claim will not be heard by the Court. To [the Claimant above named]. 209. [185a., April, 1895.] Interpleader Summons to Execution Creditor and High Bailiff, WHERE Claimant claims Damages as well as the Goods seized. In the County Court of holden at No. of Plaint Between A.B. Plaintiff, and CD. , Defendant, and between E.F. Claimant, and [ths Execution Creditor] and the High Bailiff pf this Court, Respondents. 415 Whereas [name, address, and description of Claimant'], has made a claim to certain goods and chattels [or to the proceeds of sale [or value] of certain goods and chattels] taken in execution under process issuing out of this Court at your instance, and has also claimed from you and from the High BailifE of this Court the sum of £ for damages arising out of the said execution : Tou and the High Bailiff are therefore hereby summoned to appear at a Court to be holden at on ' the day of , 19 , at the hour of in the noon, when the said claim, both as to the said goods and chattels [^or the proceeds of sale \_or value] of the said goods and chattels], and as to the said damages, will be adjudicated upon, and such order made thereupon as to the Court shall seem fit. To {the Execution Creditor'] and to the High Bailiff of this Court. Note. — The Claimant is called upon, five clear days at least before the day of hearing, to deliver to the High Bailiff, or leave at the office of the Registrar, two copies of the particulars of his claim, and the High Bailiff is required to forth- with send by post to the Execution Creditor one of the copies of such particulars. 210. [186a., April, 1895.] Interpleader Summons to Claimant setting up Claim to Damages, as well to the goods or the proceeds thereof. {Heading as in Form 209.] {Name, address, and description of Claimant.] . You are hereby summoned to appear at a Court to be holden at on order the day of j 19 , at the hour of , in the XXVII., noon, to support a claim made by you to certain goods and chattels " ^ ' [or to the proceeds of sale {or value] of certain goods and chattels] taken in execution under process issuing out of this Court at the instance of {the Execution Creditor], and also for damages arising out of such execution ; and in default of your then establishing such claim, the said goods and chattels will then be sold and the proceeds thereof paid over {or the said proceeds of sale {or value] will be paid over] according to the exigency of the said process ; And take notice, that you are hereby required, five clear days at least before the said day, to deliver to the High Bailiff, or leave at my office, two copies of the particulars of the goods and chattels which {or the proceeds [or value] whereof] are claimed by you, and of the grounds of your claim, and you must also state in such particulars the amount of the damages you claim, and the party from whom you claim the same, and the grounds of your claim ; and in such particulars you shall set forth fully your name, address, and description ; and take notice, that in the event of your not giving such par- ticulars as aforesaid your claim will not be heard by the Court. To {the Claimant c^bove named]. 416 Order XXVII., Rules 6, 8. Order XXXlll., Rule 10. 211. [180.] Particulars of Claim under Interpleader Summons. [_Not to he printed.'] [^Heading as in Interpleader Summons.'] Take notice, that I, E.F., of [^address and description'], claim certain goods and chattels [or the proceeds of sale [or value] of certain goods and chattels] to wit \_specify them, or add, as specified in the schedule hereunder written] taken in execution under process issuing out of this Court in this action, and mentioned in the interpleader summons herein, and that the grounds of my claim are that the said goods and chattels were assigned to me by an indenture dated the day of , and made between the said , the above named Defendant, of the one part, and me, the said E.F. , the Claimant, of the other part. And further take notice, that I claim the sum of £ from the said A.B. , the Plaintiff, and the High Bailiff of this Court, for damages arising out of the said execution ; and that the grounds of my claim, are that they broke and entered my said house at aforesaid, and that they there seized and took away the said goods and chattels under the said execution. Dated, &c. To \the Execution Creditor'], and the High Bailiff of this Court. (Signed) E.F., Claimant. Order XXVII., Rule 5. 212. [181.J Particulars of Claim for Rent under Interpleader Summons. [Not to he printed.] [Heading as in Interpleader Summons.] Take notice, that CD. , the Defendant, is my tenant of [describe the premises] situate at in tlie county of , and that the- goods and chattels taken in execution under process^ issuing out of this Court in this action, and mentioned in the interpleader summons herein, were in and upon the said [house and premises], and that there was at the date of the said execution due to ^e frpni t|}e said CD. the sum of £ for 417 [one year's] rent of the said .\_house and premises'], and that the same is still due and owing from the said CD. to me, and that I claim payment of the said sum of £ out of the proceeds of the said execution. Dated this day of rSigned) E.F. [name, address, and description]. To [the Execution Creditor] and the High BailiflE of this Court. 213. [187a., April, 1895. J Order on Interpleader Summons where Claim is not established. [Not to he printed, hut to he used as a precedent.] [Heading as in Interpleader Summons.] It is this day adjudged, touching the claim of E.F. to Order certain goods and chattels [or the proceeds of sale [or value] of certain goods ?^^?^"' and chattels taken in execution under process issuing out of this Court at the Order instance of [the Execution Creditor], [or to certain rent alleged to be due to J^.'^'l-^ him in respect of and issuing out of certain premises upon which certain goods and chattels were taken in execution under process issuing out of this Court at the instance of the said [Execution Creditor], that the said goods and chattels [or proceeds of sale [or value] are not the property of the said E.F., [or that there is no rent due to the said E.F.]. And it is ordered that the said E.F. do pay the sum of £ for costs to the Registrar of this Court, for the use of the said [Execution Creditor], on or before the day of , 19 . [Here insert directions as to the payment of the hearing fee, and directions as to any claim for possession fees, or other charges or expenses ; also directions as to how any moneys paid into Court, or, in the case of an interpleader transferred from the High Court, any moneys in the hands of the sheriff, are to he disposed of, and an order on the sheriff to deal with such moneys accordingly : for example, thus — And it is ordered that the said E.F. do on or before the day of pay the sum of £ being the fee payable on the hearing of this proceeding estimated on the sum of £ , to the Registrar of this Court : And it is ordered that out of the sum of £ paid into Court Disposal of in this proceeding by the High BailiflE, being the value of the said goods and deposit or chattels deposited by the said E.F. with the said High BailiflE [or being the saje. proceeds of the sale by the said High BailiflE of the said goods and chattels] the sum of £ be paid to the said High BailiflE for possession money and charges in cespect of the said execution, and that the balance of the said sum of £ be paid to the said [Execution Creditor] in satisfaction so far as the same will extend of the sum in respect of which the said execution issued : 8775 2 D Hearing fee. 418 Where security given for value of goods. Interpleader transferred from High court. Disposal of moneys in hands of or paid into court by sheriff. Costs of sheriff. Order XXVII., Rule U. Order XXXIII., Rule 18. [_0r, where security given for value of goods: And it is ordered that the said E.F. do on or before the day of pay to the Registrar of this Court the sum of £ , being the value of the said goods and chattels, and that in default of such payment the High Bailiff do proceed to enforce the security given by the said E.F. for such value : And it is ordered that all moneys paid by the said E.F. in respect of the said sum of £ , or recovered by the enforcement of the said security, be applied first in payment to the High Bailiff of the sum of £ for the possession money and charges payable to him in respect of the said execution, and then in payment to the said [^Execution Creditor'], so far as the same will extend, of the sum in respect of which the said execution issued :] [_0r, in the case of an interpleader transferred from the High Court : And it is ordered that the Sheriff of do forthwith after service of this order upon him pay to the said [Execution Creditor] the sum of £ paid to the said sheriff by the said E.F. pursuant to the order of Master dated the day of , 19 , [or the moneys in the hands of the said sheriff, repre- senting the proceeds of the sale of the said goods and chattels by the said sheriff pursuant to the order of Master dated the day of , 19 ,J [or that the sum of £ paid into Court by the Sheriff of pursuant to the order of Master , dated the day of , 19 , being the amount paid to the said sheriff by the said E.F. pursuant to the said order [or the proceeds of sale of the said goods and chattels by the said sheriff pursuant to the said order] be paid to the said [execution creditor] J, after deducting from the said sum [or moneys] the charges of the said sheriff in respect of the said execution, [such charges to be taxed by the Registrar in case of dispute :] And it is further ordered that the said E.F. do pay to the said sheriff his costs of this proceeding down to and including the order directing this proceeding to be transferred to this Court, such costs in case of dispute to be taxed by the Registrar and paid by the said E.F. to the Registrar for the use of the sheriff within days from the date of the certificate of taxation.] To [the Claimant] and to the High Bailiff [or the Sheriff of J. 214. [188a., April, 1895.] Order on Interpleader Summons where Claim is established. [Not to be printed, but to he used as a precedent.] [Heading as in Interpleader Summons.] It is this day adjudged, touching the claim of E.F. to certain goods and chattels [or the proceeds of sale [or value] of certain goods and chattels] taken in execution under process issuing out of this Court at the instance of the said [Execution Creditor], [or to certain rent alleged to be due •J19 to him in respect of and issuing out of certain premises on which certain goods and chattels were taken in execution under process issuing out of this Court at the instance of the said [Execution Gr^ditor'], that the said goods and chattels [or proceeds of sale [or value] [or part of the said goods and chattels or proceeds of sale or value, to wit, specifying them or if] are the property of the said E.F. [ur that rent to the amount of £ is due to the said E-F.] And it is ordered that the said [Execution Creditor] do pay the sum of £ for costs to the Registrar of this Court, for the use of the said E.F., on or before the day of , 19 . [Here insert directions as to the payment of the hearing fee, and directions as to any claim for possession fees, or other charges or expenses ; also directions as to how any moneys paid into Court, or, in the case of an interpleader trans- ferred from the High Court, any moneys in the hands of the sheriff, are to he disposed of, and an order on the sheriff to deal with such moneys accordingly : for example, thus — And it is ordered that the said [Execution Creditor] do on or before the Hearing fee. day of , 19 , pay the sum of £ ' , being the fee payable on the hearing of this proceeding estimated on the sum of £ , to the Registrar of this Court : And it is ordered that the sum of £ paid into Court in this Disposal of proceeding by the High Bailiff, being the value of the said goods and chattels proceeds'of deposited by the said E.F. with the said High BailiflE [or being sale, the proceeds of the sale by the said High Bailiff of the said goods and chattels] be paid to the said E.F. .- [Or, where security given for value of goods : And it is ordered that the security given by the said E.F. Where for the value of the said goods and chattels be delivered up to the said E.F. given for to be cancelled ,] value of goods. [ Or, where the costs of keeping possession of the goods have been deposited with the High Bailiff: And it is ordered that the sum of £ deposited by the said '^Ijer:- costs E.F. with the High Bailiff for the costs of keeping possession of possession the said goods and chattels be forthwith repaid by the said High Bailiff to the deposited, said E.F. : ] And it is ordered that the said [Execution Creditor] do on or before the ^Jfsesskm'^'^ day of , 19 , pay to the Registrar of this money and Court, for the use of the High Bailiff, the sum of £ for "''^^'^S^- possession money and charges in respect of the said execution. [Or, in the case of an interpleader transferred from the High Court: Interpleader transferred And it is ordered that the Sheriff of do forthwith after from High service of this order upon him pay to the said E.F. the °^ ' sum of £ paid to the said sheriff by the said E.F. moMyfin^ pursuant to the order of Master dated the day hands of of ,19 ,[or the moneys in the hands of the said sheriff, courtby"° 8775 2 D 2 sheriff. 420 Possession money since date of Master's order. Costs of sheriff. representing the proceeds of the sale of the said goods and chattels by the said slieriffi pursuant to the order of Master dated the day of , 19 :] [or that the sum of £ paid into Court by the Sheriff of ' pursuant to the order of Master dated the day of , 19 , being the amount paid to the said sherifE by the said E.F. pursuant to the said order [or the proceeds of the sale of the said goods and chattels by the said sheriff pursuant to the said order], be paid to the said E.F. :] And it is ordered that the said ^Execution Creditor'] do on or before the day of , 19 , pay to the Registrar of this Court, for the use of the said E.F., the sum [if any] paid by the said E.F. to the said sherifE for possession money from the date of the said order of Master : And it is ordered that the said [Execution Creditor'] do pay to the said sheriff his costs of the said execution and of this proceeding down to and including the order directing this proceeding to be transferred to this Court, such costs in case of dispute to be taxed by the Registrar and to be paid by the said [Execution Creditor] to the Registrar for the use of the sheriff 'within days from the date of the certificate of taxation.] To [tfie Execution Creditor] and to the High Bailiff [or the Sheriff of J. Order XXVII., Rule 1 1. 215. [189a., April, 1895.] Ordeb on Interpleader Summons where both Goods and Damages are claimed, and the claim to neither is established. [Not to he printed, hut to be used as a precedent.] [Heading as in Interpleader Summons.] It is this day adjudged, touching the claim of E.F. to certain goods and chattels [or the proceeds of sale [or value] of certain goods and chattels] taken in execution under process issuing out of this Court at the instance of the said [Execution Creditor], and for damages arising out of the said execution, and which the said E.F. claims against [the Execution Creditor] and the High Bailiff of this Court, that the said goods and chattels [or proceeds of sale [or value] are not the property of the said E.F., and that the said E.F. is not entitled to recover any damages from either [the Execution Creditor] or the High Bailiff of this Court : And it is ordered that the said E.F. do pay to the Registrar of this Court the sum of £ for costs for the use of the said [Exectdion Creditor] , and the sum of £ for costs for the use of the High Bailiff of this Court, on or before the day of 19 . [Here insert directions as to the payment of the hearing fee, and directions as to any claim for possession fees or other charges or expenses ; also directions as to how any moneys paid into Court are to he disposed of; see Form 213]. To [the Claimant]. 421 ai6. [190a., April, 1895.] Order on Interpleader Summons where both Goods and Damages are claimed, and the claim to both is established. [Not to be printed, but to be used as a precedent]. [Heading as in Interpleader Summons.'] It is this day adjudged, touching the claim of E.F. to certain xxvn goods and chattels [or the proceeds of sale [or value] of certain goods and Enle 14. chattels] taken in execution under process issuing out of this Court at the instance of the said [Execution Creditor], and for damages arising out of the said execution, and which the said E.F. claims against [the Execution Creditor] and the High BailiflE of this Court, that the said goods and chattels [or proceeds of sale] [or value] [or part of the said goods and chattels or proceeds of sale or value, to wit, [specifying them or it] are the property of the said E.F., and that the said E.F. is entitled to recover the sum of £ for damages arising out of the said execution against the said [Execution Creditor] and the High Bailiff of this Court : [Or, and that the said E.F. is entitled to recover the sum of £ for damages arising out of the said execution against the said [Execution Creditor], but is not entitled to recover any damages against the High Bailiff of this Court :] [Or, and that the said E.F. is entitled to recover the sum of £ for damages arising out of the said execution against the High Bailiff of this Court, but is not entitled to recover any damages against the said [Execution Creditor] : And it is ordered that the said [Execution Creditor] and the High Bailiff of this Court do pay the said sum of £ for damages, and the sum of-£ for costs, to the Registrar of this Court, for the use of the said E.F., on or before the , day of , 19 . Or, that the said [Execution Creditor] do pay the said sum of £ for damages, and the sum of £ for costs, to the Registrar of this Court for the use of the said E.F., on or before the day of ) 19 , and that the said E.F. do pay the sum of £ for costs to the Registrar of this Court, for the use of the High Bailiff of this Court, on or before the day , 19 :] [Or, that the High Bailiff of this Court do pay the said sum of £ for damages, and the sum of £ for costs, and that the said [Execution Creditor] do pay the sum of £ for costs to the Registrar of this Court, for the use of the said E.F., . on or before the day of , 19 :] [He7'e insert directions as to the payment of the hearing fee, and directions as to any claim for possession fees, or other charges or expenses ; also directions as to how any moneys paid into Court are to be disposed of; see Form. 214.] To [the Execution Creditor] and the High Bailiff, 422 Order XXVIT., Rule 14. 217. [191a., April, 1895. J Order on Interpleader Summons where both Goods and Damages are claimed, and the claim to the goods is, but that to damages 75 not, established. [Not to he printed, but to be used as a precedent.] [Heading as in Interpleader Summons.] It is this day adjudged, touching the claim of E.F. to certain goods and chattels [or the proceeds of sale [or value] of certain goods and chattels] taken in execution under process issuing out of this Court at the instance of the said [Execution Creditor], and for damages arising out of the said execution, and which the said E.F. claims against [the Execution Creditor] and the High Bailiff of this Court, that the said goods and chattels [or proceeds of sale [or value] [or part of the said goods and chattels or proceeds of sale or value, to wit, [specifying them or it] are the property of the said E.F., but that the said E.F. is not entitled to recover any damages from either [the Execution Creditor] or the High Bailiff of this Court : And it is ordered that [the Execution Creditor] do pay to the Registrar of this Court the sum of £ for costs, for the use of the said E.F., on or before the day of , 19 , and that the said E.F. do pay to the Registrar of this Court the sum of £ for costs, for the use of the High Bailiff of this Court, on or before the day of , 19 . [Mere insert directions as to the payment of the hearing fee, and directions as to any claim for possession fees, or other charges or expenses ; also directions as to hoiv any moneys paid into Court are to be disposed of ; see Form 214. To [the Execution Creditor] and to E.F. [the Claitnant]. Order XXVII., Rule 14. 218. [192a., April, 1895.] Order on Interpleader Summons where both Goods and Damages ARE claimed, AST) THE CLAIM TO THE GOODS IS NOT, BUT THE CLAIM to DAMAi3tES IS, ESTABLISHED. [Not to be printed, but to be used as a precedent.] [Heading as in Interpleader Siiinmotis.] It is this day adjudged, touching the claim of E.F. to certain goods and chattels [or the proceeds of sale [or value] of certain goods and chattels] taken in execution under process issuing out of this Court at the instance of the said [Execution Creditor], and for damages arising out of the said execunon, and which the said E.F. claims against [the Execution Creditor] and the High Bailiff' of this Court, that the said goods and chattels [or proceeds of sale [or value] ] ai-e not the property of the said E.F., but that the said E.F. is entitled to recover the sum of £ for damages arising out of the said execution against the said [Execution Creditor] and the High Bailiff of this Court : 423 [Or, but that the said E.F. is entitled to recover the sum of £ for damages arising out of the said execution against the said \_Execution Creditor^, but is not entitled to recover any damages against the High Bailiff ol this Court :] [Or, but that the said E.F. is entitled to recover the sum of £ for damages arising out of the said execution against the High Bailiff of this Court, but is not entitled to recover any damages against the said \_Execution Creditor'] :] And it is ordered that the said {^Execution Creditor} and the High Bailiff of this Court do pay the said sum of £ for damages, and the sum of £ for costs, to the Registrar of this Court, for the use of the said E.F., , on or before the day of , 19^ : [Or, that the said [Execution Creditor] do pay the said sum of £ for damages, and the sum of £ for costs, to the Registrar of this Court, for the use of the said E.F., on or before the day of , 19 , and that the said E.F. do pay the sum of £ for costs to the Registrar of this Court, for the use of the High Bailiff of this Court, on or before the day of , 19 :] [Or, that the High Bailiff of this Court do pay the said sum of £ for damages, and the sum of £ for costs, to the Registrar of this Court, for the use of the said E.F., on or before the day of , 19 , and that the said E.F. do pay the sum of £ for costs to the Registrar of this Court, for the use of the said [Execution Creditor], on or before the day of , 19 :] [Here insert directions as to the payment of the hearing fee, and directions as to any claim for possession fees, or other charges or expenses ; also directions as to how any moneys paid into Court are to he disposed of; see Form 213.] To E.F. [the Claimant], and to . [Execution Creditor], and the High Bailiff. 219. [196a., April, 1895.] Order on Interpleader Summons where both Goods and Damages ARE claimed, and MONEY IS PAID INTO COURT IN RESPECT OF THE latter, and the claim to the goods is established, and the Monet paid into Court is found to be sufficient to satisfy THE Damages. [Not to be printed, hut to be used as a precedent.] [Hea4ing o,s in Interpleader Summons.] It is this day adjudged, touching the claim of E.F. to certain gdod^ Order chattels [or the proceeds of sale [or value] of certain goods and chattels] taken k^Jj^' in execution under process issuing out of this Court at the instance of the said [Execution Creditor], and for damages arising out of the said execution, and which the said E.F. ^ claims against the said [Execution Creditor] 424 and the High BailifE of this Court, and in respect of which damages the said [Execution Creditor'] [or the said High Bailiff] has paid into Court the sum of £ , that the said goods and chattels [or proceeds of sale] [or value] [or part of the said goods and chattels or proceeds of sale or value, to wit, [specifying them or if] are the property of the said E.F., but that the said sum paid into Court is sufficieni to satisfy all damages arising out of the said execution which the said E F. is entitled to recover against the said [Execution Creditor] [o? the said High Bailiff] (as the case may he) : And it is ordered that the said [Execution Creditor] do pay the sum. of £ for costs to the Registrar of this Court, for the use of the said EJF., on or before the day of , 19 : And that the said E.F. do pay the sum of £ for costs to the Registrar of this Court, for the use of the High Bailiff of this Court, on or before the day of > 19 , [or such other order as the Judge shall think fit to ma.Jce as to costs]. [Here insert directions as to the payment of the hearing fee, and directions as to any claim for p)ossession fees, or other charges or expenses ; also directions as to how any moneys 2Mid into Court are to he disposed of; see Form 214.] To E.F. [the Claimant], and to [Execution Creditor], and to the High Bailiff. 220. [197a., April, 1895.] Order on Interpleader Summons where both Goods and Damages are claimed, and money is paid into court in respect of the latter, and the claim to the goods is established, and the Money paid into Court is adjudged insufficient. [Not to he printed, hut to be used as a precedent.] [Heading as in Interpleader Summons.] Order It is this day adjudged, touching the claim of E.F. to certain goods Rullu' ^^^ chattels [or the proceeds of sale] [or value] of certain goods and chattels taken in execution under process issuing out of this Court at the instance of the said [Execution Creditor], and for damages arising out of the said execution, and which the said E.F. claims against the said [Execution Creditor] and the High Bailiff of this Court, and in respect of which damages the said [Execution Creditor] [or the said High Bailiff] has paid into Court the sum of £ , that the said goods and chattels [or proceeds of sale] [or value] [or part of the said goods and chattels or proceeds of sale or value, to wit, [specifying them or it] are the property of the said E.F and that the said sum of £ paid into Court is not sufficient to satisfy the damages arising out of the said execution, and that the said E.F. is entitled to recover the further sum of £ for damages against the said [Execution Creditor] and the High Bailiff of this Court : 425 [Or, and that the said E.F. is entitled to recover the further sum of £ "for damages against the said [Execution Creditor'], but is not entitled to recover any further damages against the High Bailiff of this Court :] [Or, and that the said E.F. is entitled to recover the further sum of £ for damages against the High Bailiff of this Court, but is not entitled to recover any further damages against the said \_Execution Creditor'] :] And it is ordered that the said \_Executiun Creditor] and the High Bailiff of this Court do pay the said further sum of £ for damages, and the sum of £ for costs, to the Registrar of this Court, for the use of the said E.F., on or before the day of , 19 : , {_0r, that the said [Execution Creditor] do pay the said further sum of £ for damages, and the sum of £ for costs, to the Registrar of this Court, for the use of the said E.F., on or before the day of , 19 , and that the said E.F. do pay the sum of £ for costs to the Registrar of this Court, for the use of the High Bailiff of this Court, on or before the day of ,19 :] [Or, that the High Bailiff oE this Court do pay the said further sum of £ for damages, and the sum of £ for costs, and that the said [Execution Creditor] do pay the sum of £ for costs, to the Registrar of this Court, for the use of the said E.F., on or before the day of , 19 :] [Insert directions as to tfie payment of the hearing fee, and directions as to any claim for possession fees, or other cliarges or expenses ; also directions as to how any moneys paid into Court are to be disposed of; see Form 214. j To E. F. [the Claimant], and to [Execution Creditor]. and to the High Bailiff. 221. [199a., April, 1895.] Warrant op Exbcutiom against Goods op Claimant. [Heading as in Interpleader Summons.] Whereas at a Court holdea at on the day of , 19 , the Plaintiff, by the judgment of the said Court, recovered against the Defendant the sum of £ for debt [or damages] and for costs : And whereas the Defendant, by an order of the Court, was ordered to pay the same to the Registrar of the Court : And whereas default having been made in payment according to the said order, an execution issued against the goods of the Defendant, under wnich certain goods and chattels were seized, in respect of which E.F., of [address and description] made claim, and which claim was heard and decided upon at a Court holden at on the day of 19 , and it was adjudged that the goods so seized under 426 the said execution were not the property of the said E.F. [_or that certain rent alleged by the said E.F. to be due to him in respect of and issuing out of certain premises on which the said goods and chattels were seized was not so due] : And it was ordered that the said E.F. should pay the sum of £ for costs to the Registrar of the Court, for the use of the said [Plaintiff'], on or before the day of 19 :] And whereas default has been made in payment according to the said last- mentioned order : These are therefore to require and order you forthwith to make and levy by distress and sale ol' the goods and chattels of the said E.F., ^iTheresoever they may be found within the district of this Court (except the wearing apparel and bedding of the said E.F. or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said order, together with the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques', bills of exchange, promissory notes, bonds, specialties, or securities for the money of the said E.F., which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of the Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day of 19 . By the Court, Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. Costs adjudged Paid into Court Bemaining due Poundage for issaing this warrant Total amount to be levied [with fees for execution of warrant as indorsed hereon]. Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said E.F. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back. For indorsement of fees for execution of tvarrant, see Form 163. 427 222. [193.] Claim by Execution Creditor for Damages against High Bailiff. [JVoi to be printed.'] [Heading as in Interpleader Summons, adding thereto'] — Ordet XXVI [., and between ^"^^ ^■ A.B., Execution Creditor Claimant, and The High Bailiff of this Court Respondent. Take notice that I, A.£., the Execution Creditor in the above action, claim the sum of £ from you the High Bailiff of this Court, for damages arising out of the execution in this action, and that the grounds of my claim are as follows : [here state the grounds of the claim, e.g., for that you having seized certain goods and chattels of and belonging to CD., the Execution Debtor, under process issued from this Court at my instance, wrongfully, and without lawful excuse, withdrew from the possession of the said goods and chattels, whereby I was deprived of the fruits of the said execution]. [And further take notice, that I shall apply to the Judge at the hearing of the interpleader summons herein to adjudicate upon such claim.] Dated this day of 19 To the High Bailiff Execution Creditor. of this Court. 223. [194.] Order on Claim for Damages by Execution Creditor against High Bailiff, where the Claim is established. \_Not to be printed.] [Heading as in Form 222.] It is this day adjudged, touching the claim of the order Execution Creditor in this action, against the High Bailiff of this Court, for XXVII., damages arising out of an exepution in this action, in which process issued froiii ^"^^ '*' this Court at the instance of the said , the Execution Creditor, directing the High Bailiff to levy the sum of £ of and Order XXVII., Rule 14. 428 from the goods and chattels of [the Execution Debtor'], that the said , the Execution Creditor, is entitled to recover from the High BailiflE of this Court the sum of £ for damages arising out of the said execution : And it is ordered that the the day of Court the said sum of £ for costs, for the use of the said To the High Bailiff of this Court. High Bailiff of this Court do, on or before , 19 , pay to the Registrar of this , and also the further sum of £ , the Execution Creditor. 224. [195.] Order on Claim for Damages by Execution Creditor against High Bailiff, where the Claim is not established. [Not to he printed.'] [Heading as in Form 222.] It is this day adjudged, touching the claim of , the Execution Creditor in this action, against the High Bailiff of this Court, for damages arising out of an execution in this action, in which process issued from this Court at the instance of the said , the Execution Creditor, directing the High Bailiff to levy the sum of £ of and from the goods and chattels of [the Execution Debtor], that the said , the Execution Creditor, is not entitled to recover from the High Bailiff of this Court any damages in respect of or in any way arising from the said execution : And it is ordered that the said , the Execution Creditor, do on or before the day of , 19 , pay to the Registrar of this Court the sum of £ for costs, for the use of the said High Bailiff of this Court. To , the Execution Creditor. Order XXVIL, Rule 14. 225. Order on Claim for Damages by Execution Creditor against High Bailiff, where the High Bailiff pays Money into Court. [Not to be printed.] [Title as in Form 222.] It is this day adjudged, touching the claim of , the Execution Creditor in this action, against the High Bailiff of this Court, for damages arising out of an execution in this action, in which process issued from this Court at the instance of the said , the Execution Creditor, directing the High Bailiff to levy the sum of of and from the goods and chattels of [the Execution Debtor], and in respect of which damages the High Bailiff has paid into Court the sum of £ , that the sum paid into Court ia sufficieht to satisfy all damages 429 arising out of the said execution [or that the sum paid into court is not sufficient to satisfy the damages arising out of the said execution, and that "the said , the Execution Creditor, is entitled to recover the further sum of £ for damages from the High Bailiff :] And it is ordered that the said , the Execution Creditor, do pay to the Registrar of this Court, on or before the day of 19 , the sum of £ for costs, for the use of the High Bailiff [or that the High Bailiff do pay to the Registrar of this Court, on or before the day of , 19 , the said further sum of £ for damages, and also the sum of £ for costs, for the use of the Execution Creditor]. To , the Execution Creditor. [or To the High Bailiff of this Court.] 226. [134a., June, 1896.] Affidavit by Defendant sued by an Assignee, who has had Notice that the assignment is disputed by the assignor, or by Defendant in Action for Debt, Chose in Action, or Chattel, WHO has had Notice op any opposing or conflicting Claim. [Not to be printed.^ In the County Court of • holden at Order No. of Plaint. j^^i^ i5'(2). Between A.B. Plaintiff. and CD. Defendant. I, CD., of , the above-named defendant, made oath and say as follows : — 1. The summons in this action was issued on the day of , and was served on me on the day of 2. The action is brought to recover the sum of £ , which is alleged to be due from me to of , but which sum is alleged to have been assigned by the said to the Plaintiff. [or 2. The action is brought to recover [state whaf]. 3. The said sum of £ [or the sum of £ , part of the sum of £ J is due from me, [or the said is in my possession, but I claim no interest therein, except for charges and costs]. 4. I have received notice from the said [assignor'] [or from v.'ho claims under the said [assignor], that he disputes the assignment of the said sum of £ [or of £ , part of the said sum of £ , j to the Plaintiff. 430 [or 4. I have received notice from of that the "right to the said subject matter of this action [or to , part of the said subject matter of this action,] is claimed by him. 5. I admit the claim of the Plaintiff to £ , part of the said sum of £ , which is not claimed by the said [or I admit the claim of the Plaintiff to , part of the said subject matter of this action, which is not claimed by the said J. 6. I do not in any manner collude with the said [^opposing claimant'] or with the above-named Plaintiff, but I am ready to bring into Court the said , or to pay or dispose of the same in such manner as the Court may order or direct. Sworn, &c. 227. [135a., June, 1896.] Interpleader Summons to Assignor or other Person disputing Assignment, or Person making opposing or conflicting Claim TO Debt, Chose in Action, or Chattel sued for. [Title of Action.'] Order R 1 15 r*") Whereas the Defendant in this action (copy of the summons and particulars wherein is hereto annexed) has filed an affidavit (copy whereof is also hereto annexed) stating that he has received notice from you that you dispute the assignment of the subject matter in this action [ot^ of £ , part of the subject matter of this action] [or that you claim the subject matter in this action or , part of the subject matter of this action] : Tou are therefore summoned to appear at a Court to be holden at on the day of , at in the noon, when the dispute or claim to the subject matter in this action will be determined, and judgment will be given determining the rights and claims of the Plaintiff, the Defendant, and yourself. Dated this day of 19 Registrar. To E.F., of, &c- [here insert name, address, and description of the person to he summoned]. Note. — You are called upon, five clear days at least before the day of hearing, to leave at the office of the Registrar either three copies of a notice that you relinquish your claim, or three copies of particulars stating the grounds on which you dispute the assignment or found your claim to the subject matter of the action ; and the Registrar is required to forthwith send by post one of such copies to the Plaintiff', and one other of such copies to the Defendant. 431 228. [135b., June, 1896.] Notice to Plaintiff where Interpleader Summons issued to Assignor or other Person disputing Assignment, or Person making opposing or conflicting claim to debt, chose in action, OR Chattel sued for. [Title of Action.] Whereas the Defendant in this action has filed an affidavit (copy whereof ^er j. is hereto annexed) stating that he has received notice from j^^le 15(4). , of , that he disputes the assignment of the subject matter in this action [or of £ , part of the subject matter of this action] [or that he claims the subject matter in this action or , part of the subject matter of this action] : Take notice, that a summons has been issued to the said to appear at a Court to be holden at on the day of , at in the noon, and that the hearing of this action has been adjourned to the same place, day, and hour, when the dispute or claim, to the subject matter in this action will be determined, and judgment will be given determining the rights and claims of yourself, the Defendant, and the said Dated this day of , 19 . Registrar. To the above-named Plaintiff. Note. — The Claimant is called upon, Jive clear days at least before the day of hearing, to leave at the office of the Registrar either three copies of a notice that he relinquishes his claim, or three copies of particulars stating the grounds on which he disputes the assignment or founds his claim to the subject matter of the action ; and the Megistrar is required to forthwith send by post one of such copies to the Plaintiff, and one other of such copies to the Defendant. 229. [135c., June, 1896.] Notice to Defendant of Issue of Interpleader Summons. [^Title of Action.] Whereas you have filed an affidavit stating that you have received notice Order from , of , that he disputes iSIl5(4). the assignment of the subject matter in this action [or of £ part of the subject matter of this action] [or that he claims the subject matter in this action or , part of the subject matter of this action]: Take notice, that a summons has been issued to the said to appear at a Court to be holden at on the day of , at in the noon, and that the hearing of this action has been adjourned 432 to the same place, day, and hour, when the dispute or claim to the subject matter in this action will be determined, and judgment will be given determining the rights and claims of the Plaintifif, yourself, and the said Dated this day of ,19 Registrar. To the above-named Defendant. Note. — The Claimant is called upon, five clear days at least hefore the day of hearing, to leave at the office of the Registrar either three copies of a notice that he relinquishes his claim, or three copies of particulars stating the grounds on which he disputes the assignment or founds his claim to the subject matter in the action ; and the registrar is required to forthwith send by post one of such copies to the Plaintiff, and one other of such copies to the Defendant. Order XXVII. Rule 15C5). 230. [135d., June, 1896.]' Particulars of Grounds on which assignment is disputed or subject matter claimed. \_Not to be printed."] [Heading as in Form 231. J Take notice, that 1 dispute the assignment of the pubject matter in this action [or of £ , part of the subject matter of this action] to the PlaintiflP, and that the grounds on which I dispute the same are [state grounds']. [or Take notice, that I claim to be entitled to the subject matter in this action [or to , part of the subject matter of this action], and that the grounds of my claim are [state grounds]. [or Take notice, that I relinquish my claim to the subject matter of this action]. Dated this day of , 19 . E.F. To the Registrar of the Court and To the Plaintiff, A.B., and the Defendant, CD. 433 231. [136a., June, 1896.] Order where Assignment is adjudged invalid, oe opposing CiiAiM IS sustained. In the County Court of holden at No. of Plaint Between A.B., Plaintiff and CD., Defendant, and E.F., made party by summons, dated the day of 19 . It is this day adjudged, touching the dispute as to the assignment of the 2.^yrj subject matter of this action to the Plaintiff, that there is no such assignment as Rule 15 '( 7) alleged [or touching the claim of the Plaintiff to the subject matter of this action, that he has no claim thereto], and that the above named E.F. do recover against the Plaintiff the sum of £ for costs, and that the Defendant do recover against the Plaintiff the sum of £ for costs : And it is further adjudged that the said E.F. do recover against the Defendant the sum of £ for debt., and the sum of £ for costs, amounting together to the sum of £ : ' And it is ordered that the Plaintiff do pay the said sums of £ and £ to the Registrar of this Court on the day of : And it is further ordered that the Defendant do pay the said sum of £ to the Registrar of this Court on the day of [or by instalments of £ for every days, the first instalment to be paid on the day of , 19 . llf the subject matter of the action is a chose in action or chattel, the order is to be framed accordingly.'} 232. [137a., June, 1896.] Order where Assignment is adjudged valid, or opposing Claim is not sustained. [^Heading as in last Form.] It is this day adjudged, touching the dispute as to the assignment of the Order subject matter of this action to the Plaintiff, that the said assignment is good Rule 15'(7), [or touching the claim of the Plaintiff to the subject matter of this action, that such claim is valid], and that the Plaintiff do recover against the above-named E.F. the sum of £ for costs ; and that the Defendant do recover from the said E.F. the sum of £ for costs : And it is further adjudged that the Plaintiff do recover against the Defendant the sum of £ for debt, and £ for costs, amounting together ' to the sum of £ : And it is ordered that the said E.F. do pay the said sums of £ and £ tQ the Regigtr^r qi this Court on the day of : ■ 8775 2 E 434 And it is further ordered that the Defendant do pay the said sum of £ to the Registrar on the day of [or by instalments of for every days, the first instalment to be paid on the day of 19 J. [If the subject matter of the action is a chose in action or chattel, the order to be framed accordingly.} 233. [138a., June, 1896.] Order where Assignment is adjudubd invalid, or opposing Claim is SUSTAINED, AND DEFENDANT PILES A COUNTER-CLAIM AGAINST PLAINTIFF. \_Title CCS in Form 231.] XXVII. ^* is this day adjudged, touching the dispute as to the assignment of the Rule 15 (7). subject matter of this action to the Plaintiff, that there is no such assignment as alleged [^or touching the claim of the Plaintiff to the subject matter of this action, that he has no claim thereto], and that the counter-claim of £ by the Defendant against the Plaintiff is sustained [^or is not sustained] : And it is adjudged that the said E.F. do recover against the Plaintiff the sum of £ for costs : And it is further adjudged that the above named E.F. do recover against the Defendant the sum of £ for debt, together with the sum of £ for costs, amounting together to the sum of £ : And it is further adjudged that the Defendant do recover against the Plaintiff the sum of £ in respect of his counter-claim, and the sum of £ for costs, amounting together to the sum of £ [or that judgment be entered for the Plaintiff upon the counter-claim with costs]. And it is ordered that the Defendant do pay the said sum of £ to the Registrar of this Court on, &c. And it is further ordered that the Plaintiff do pay the said sums of £ and £ to the Registrar on, &c. [or that the Plaintiff do pay the said sum of £ to the Registrar on the day of for the costs of the said E.F., and that the Defendant do pay to the Registrar on the day of the further sum of £ for the Plaintiff's costs of the Defendant's counter-claim]. [If the subject matter of the action is a chose in action or chattel, the order to be framed accordingly.'] 234. [119.] Certificate op Deposit. 51 & 52 Viot. 1 hereby certify that the Plaintiff [or Defendant] has paid into my hands 0,43.8.109. the sum of £ [here state the proceeding which has rendered the deposit necessary]. Dated this day of , 19 . Registrar. 435 235. [120.] Notice of Proposed Sureties. [^Not to he printed.'] Take notice, that the sureties whom I propose as my security in the above ®*^®''^^^^-> action [^here state the proceeding which has rendered the sureties necessary^ are ^ftere state the full names and additions of the sureties, whether householders or freelwlders, and their residences for the last six months, therein mentioning the county or city, places, streets, and numbers, if any]. Dated this day of 19 . To the Bale 2. 236. [121.J Affidavit of Justification. [^Not to be printed.'] 1, , of , one of the sureties for the Defendant, make OrderXXIX., oath and say : 1. That I am a householder [or freeholder, as the case may be], residing at [describe particularly the county or city, the street or place, and the number of the house, if any], 2. That I am worth property to the amount of £ [the amount required by the practice of the Court] over and above what will pay my just debts [if security in any other action or for any other purpose, add, and every other sum for which I am now security]. 3. That I am not bail or security in any other action or proceeding or for any other person [if security in any other action or actions, add, except for CD., at the suit of E.F., in the Court of in the sum of £ , for G.H., at the suit of I.K., in the Court of in the sum of £ , specifying the several actions, with the Courts in which they are brought, and the sums in which he has become bound]. 4. That this my property, to the amount of the said sum of £ [if security in any other action, &c., add over and above all other sums for which I am now security as aforesaid], consists of [here specify the nature and value of the property in respect of which tJie deponent proposes to become bondsman, as follows, stock in trade in my business of , carried on by me at , of the value of £ , good book debts owing to me to the amount of £ , furniture in my house at of the value of £ , a freehold [or leasehold] farm of the value of £ , situate at occupied by [or a dwelling-house of the value of £ situate at occupied by J [or other property, particularising each description of property, with the value thereof]. 5. That I have for the last six months resided at [describing the place of such residence, or if he has had more than one residence during that period, state in the same manner as above directed]. 8775 2 E 3 436 237. [122.] Notice by Registrar of Day and Hour upon which Bond to be Executed. Eule'l. *' '^^^^ notice, that I have appointed the day of 19 , at o'clock in the forenoon, at my office situate at for the and his sureties to exejute the bond proposed to be given in the above action. [To he added to notice to obligee : — And further take notice, that if you have any valid objection to make to the sureties, or either of them, such objection must then be made]. Dated this day of , 19 . To the Plaintiff [or Defendant]. Registrar. Bale i. 238. [200.] Judgment against an Executor who has wasted Assets. No. of Plaint In the County Court of holden at Between A.B., Plaintiflf, and CD., Defendant Executor [or Administrator] of deceased. Order XXX., Upon the trial of this action at a Court holden this day, it is adjudged that the PlaintifE do recover against the Defendant the sum of £ for , and £ for costs : And it is ordered that the Defendant do pay the same to the Registrar of this Court on or before the day of , 19 , [or by instalments of for every days, the first instalment to be paid on the day of ,19 ]: It is also adjudged that the Defendant, being the executor [or administrator] of the said deceased, has made away with, wasted, and put to his own use divers goods and chattels [or moneys, as the case may &e], to the amount of the said sum, which were the property of the said deceased, and which came to the hands of the Defendant as executor [or administrator] as aforesaid, to be administered : Wherefore it is ordered, that if the Defendant shall make default in the payment of the said sums, the same shall be levied by distress and sale of the goods and chattels -which were of the said deceased, and which came to the hands of the Defendant as executor [or administrator], if the Defendant has so much thereof in his hands to be administered ; and if he has not, then that the said sums eljall be levied of the proper goods and chattels of the Defendant. 437 239. [201.] Judgment against an Executor or Administrator who admits his Representative Character and denies the Demand. Upon the trial of this action at a Court holden this day, it is adjudged that the Order XXX., Plaintiff do recover against the Defendant the sum of £ for , and £ for costs : And it is ordered that the Defendant do pay the same to the Registrar of this Court on or before the day of , 19 [or by Instal- ments of for every days, the first instalment to be paid on the day of 19 ] : And the Defendant having admitted his representative character, but denied the PlaintifiE's demand, and the Plaintiff having proved the same, it is. further ordered, that if the Defendant shall make default in payment of the said sums, the same shall be levied as follows : The sum of £ [the debt or damages and costs'] of the goods and chattels which were of the said deceased, and which came to the hands of the Defendant as executor [or administrator], if the Defendant has so much thereof in his hands to be administered ; and if he has not, then that the sum of £ [the costs'] be levied of the proper goods and chattels of the Defendant 240. [202.] Judgment against an Executor or Administrator where he admits his Representative Character, but denies the Demand, and ALLEGES Total or Partial Administration op Assets, and the Plaintiff proves his Demand, and the Defendant proves Administration. tipon the trial of this action at a Court holden this day, it is adjudged that the ^"■^^'^ XXX., Plaintiff do recover against the Defendant the sum of £ for , and £ for costs : And it is ordered that the Defendant do pay the same to the Registrar of this Court on or before the day of , 19 [or by instalments of for every days, the first instalment to be paid on the day of , 19 ] : And the Defendant having admitted his representative character, but denied the Plaintiff's demand, and having also alleged a total [or partial] administration of the goods of the said deceased which came to the hands of the Defendant as executor [or administrator] to be administered, it appears to the Court that the Plaintiff has proved to the Court his demand, and also that the Defendant has proved the administration alleged : Wherefore it is ordered, that in default of such payment the sum of £ , being the costs incurred by the Plaintiff in proving his demand, shall be levied of the goods and chattels which were of the said deceased, and which came to the hands of the Defendant as executor [or administrator], if the Defendant has so much thereof in his hands to be administered ; and if he has not then i38 that the said sum be levied of the proper ^bods and chattels of the Defendant ; and as to the sum of £ the PlaintiflE's demand, it is ordered that it be levied of the goods and chattels of the said deceased which hereafter shall come to the hands of the Defendant as executor [or administrator] as aforesaid to be administered. And it is further ordered, that the PlaintiflE do pay to the Registrar of the Court, on or before the day of 19 , the sum of £ , being the costs incurred by the Defendant in provirig the administration alleged. \_N.B. — 1/ the Defendant is shown to have some assets, the judgment must he for that amount de bonis testatoris, and for the residue quando acciderint.^ 241. [203.] Judgment against an Executor or Administrator where he ADMITS HIS Representative Character, but denies the Demand, and alleges total or partial Administration of Assets, and the Plaintiff proves his Demand, and the Defendant does not PROVE the Administration. Order XXX. Upon the trial of this action at a Court holden this day, it is adjudged that the Plaintiff do recover against the Defendant the sum of £ for , and £ for costs : And it is ordered that the Defendant do pay the same to the Registrar of this Court on or before the day of , 19 [or by instalments of for every days, the first instalment to be paid on the day of , 19 ] : And the Defendant having admitted his representative character, but denied the Plaintiff's demand, and having also alleged a total [or partial] administration of the goods of the said deceased which came to the hands of the Defendant as executor [or administrator] to be administered, it appears to the Court that the Plaintiff has proved to the Court his demand, and also that the Defendant has not proved the administration alleged : Wherefore it is ordered, that if the Defendant shall make default in payment ■ of the said sums, the same shall be levied as follows : The sum of £ [debt and costs'] of the goods and chattels which were of the said deceased, and which came to the hands of the Defendant as executor [or administrator], if the Defendant has so much thereof in his hands to be administered ; and if he has not, then that the residue of the sum of £ [debf] be levied of the goods and chattels of the said deceased which hereafter shall come to the hands of the Defendant as executor [or administrator] as aforesaid to be administered ; and that the sum of £ [the costs] be levied of the , proper goodp and chattels of the Defendant. 439 242. [204.J Judgment against an 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. Upon the trial of this action at a Court holden this day, it is adjudged that the 2'^'^'"g^^^'' Plaintiff do recover against the Defendant the sum of £ for , and £ for costs : And it is ordered that the Defendant do pay the same to the Registrar of this Court on or before the day of , 19 [or by instalment of for every days, the first instalment to be paid on the day of 19 ] : And the Defendant having admitted his representative character and also the PlaintifiE's demand, and having alleged a total [or partial] administration of the goods of the said deceased which came to the hands of the Defendant as executor [or administrator] to be administered, it appears to the Court that the Defendant has proved to the Court the administration alleged : Wherefore it is ordered, that in default of such payment the said sums of £ and £ shall be levied of the goods and chattels of the said deceased which hereafter shall come to the hands of the Defendant as executor [^or administrator] as aforesaid to be administered. And it is further ordered that the Plaintiff do pay to the Registrar of this Court, on or before the day of 19 , the sum of £ being the costs incurred by the Defendant in proving the administration alleged. 243. [205.] Judgment against an Executor or Administrator who admits his Representative Character and the Plaintiff's Demand, but alleges a total or partial administration of assets, and dobs not prove the administration. Upon the trial of this action at a Court holden this day, it is adjudged that the Order XKX^ Plaintiff do recover against the Defendant he sum of £ for ^"1" ^• and £ for costs : And it is ordered that the Defendant do pay the same to the Registrar of this Court on or before the day of , 19 [or by instalments of for every days, the first instalment to be paid on the day of 19 ] : And the Defendant Having admitted his representative character and also the Plaintiff's demand, and having alleged a total [or partial] administration of the goods of the said deceased which came to the hands of the Defendant as executor [or administrator] to be administered, it appears to the Court that the Defendant has not proved to the Court the administration alleged : 440 Wherefore it is ordered, that if the Defendant shall liiake default in payment of the said sums, the same shall be levied as follows : The sum of £ [debt and costs'] of the goods and chattels which were of the said deceased, and which came to the hands of the Defendant as executor [or administrator], if the Defendant has so much thereof in his hands to be administered ; and if he has not, then that the residue' of the sum of £ [deW] be levied of the goods and chattels of the said deceased which hereafter shall come to the hands of the Defendant as executor [or administrator] as aforesaid to be administered ; and that the sum of £ [the costs] be levied of the proper goods and chattels of the Defendant. 244. [206.] Summons to an Executor where Plaintiff intends to apply to the Court where Assets have come to Dependant's Hands siijce Judgment. In the County Court of holden at Between A.B., [Address.] [Description.] PlaintiflE, and CD., Executor [or Administrator] of deceased, [Address.] [Description.] Defendant. Order XXX. '^^^ Plaintiff, having learned that property of the deceased has come to your Rule 10. the above-named (Defendant's) hands as executor [or administrator] since the judgment recovered in this action to be administered [if the Plaintiff alleges waste, add and that you have withholden and wasted the same], intends to apply to the Judge at a Court to be holden at on the day of , at the hour of in the noon, for an order that the debt [or damages] and costs adjudged to be recovered in this action shall be levied of the goods and chattels of the said deceased, if you have so much thereof in your hands to be administered ; and if you have not, then that the costs shall be levied of your proper goods and chattels [or if the Plaintiff alleges waste, and if you have not, then that the said debt \or damages] and costs shall be levied of your proper goods and chattels]. 441 You are therefore hereby summoned to appear at the said Co art at the ti Jie and place aforesaid, to answer touching the matters aforesaid. To the Defendant G.D., Executor [or Administrator] of deceased. 245. [207.] Warrant of Execution against Goods of Testator or Intestate. Whereas at a Court holden at on the day of 19 , the Plaintiff obtained a judgment against the Defendant, as executor [or administrator] of deceased, for the sum of for due and owing to the Plaintiff by the said deceased in his lifetime, and the sum of for costs of action : And thereupon it was ordered by the Court that the Defendant should pay the same to the Registrar of the Court, on or before the day of , 19 [or by instalments of for every days] : And whereas default had been made in payment according to the said order : These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels which were the property of the said deceased in his lifetime, in the hands of the Defendant to be administered, wheresoever they may be found within the district of this Court, th'^ sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said order, together with the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money, which were the property of the said deceased in his life-time, which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, if the Defendant has so much thereof in his hands to be administered ; and if he has not so much thereof in his hands to be administered, then these are to require and order you to make and levy of the proper goods and chattels, money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the Defendant (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum of for the. costs of action above mentioned, together with the costs of this execution and of making and executing the same, and to pay what you shall have so levied to the 442 Order XXX., Rule 10 Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day of 19 . By the Court, To the High Bailiff of the said Court, and others the Bailiffs thereof. Registrar. Debt or damages adjudged Costs & t. d. Paid into Court Remaining due Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon]. Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the Defendant. •Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back. For indorsement of fees for execution of warrant, see Form 163. [ Warrants of execution upon Judgments according to Form^ 238 to 243 may he drawn from this form, altered accordingly from those forms']. 246. [208.] Judgment against an Executor on a Devastavit since Judgment. Upon hearing the Plaintiff's application in this action at a Court holden this day, it is adjudged that property of deceased has come to the hands of the Defendant as his executor [or administrator] since the judg- ment recovered in this action, to be administered, and that the Defendant has wasted the same property, whereby the judgment recovered herein remains unsatisfied : It is therefore ordered that the Defendant do pay the sum of £ recovered by [or remaining due upon] the said judgment, together with the sum of £ for the costs of this order, to the Registrar of this Court on or before \_or as the case may be]. And it is further adjudged that if the Defendant make default in payment thereof, execution may issue to make and levy the above-mentioned sums of the goods and chattels of the said deceased, if the Defendant has so much thereof in his hands to be administered, and if he has not, then to make and levy the same of the proper goods and chattels of the Defendant. this when necessary. 443 247. [210.] Summons for Recovery op Possession of Tenement against Tenant OR other Person holding over. [^Heading as in Form 22.] [(a) Issued by leave of the Judge [or Registrar.] Order V. You are hereby summoned to appear at a County Court to be holden at Rule 3. on the day of 39 , at the hour of (a) Insert in the noon, to answer the Plaintiff, wherefore you neglect or refuse to deliver up to him possession of a certain [messuage, with appurtenances, or part of a house, &c., or as the case may be,] situate at And take notice, that the Plaintiff claims of you for rent [or mesne profits] [or for rent and mesne profits] the sum of for a period from the day of 19 to the day of 19 And further take notice, that if you do not appear at the said Court, and show cause why you do not deliver up possession as aforesaid, the Court may order that possession of the said premises be given by you to the Plaintiff forthwith, or on or before such day as it shall name, and that if such order be made and be not obeyed a warrant may issue to give possession to the Plaintiff. Dated the day of 19 . Registrar. To the Defendant. Claim for Costs of this snmmons Solicitor's costs At bottom of Summons. Take Notice. — If the Plaintiff in this action be not your immediate land- 51 & 52 vict. lord, TOU MUST upon your being served with this summons, or if this summons °- ^^- ^- 1*''- shall come to your knowledge, forthwith give notice thereof to your immediate landlord, and if you do NOT give such Notice you will be liable, under sect. 140 of the County Courts Act, 1888, to forfeit to your immediate landlord three tears' rackrent of the premises held by you of him, in respect of which the summons shall have issued. See Back. [Indorsement as on Form 22, substituting for the words "as to the amount due and the mode of payment " in paragraph 2, the words " as to the time when possession shall be given, and the amount due for rent and mesne profits, and the mode of payment."] 248. [211.] Summons for Recovery of Possession of Tenement for Nonpayment of Rent. (Heading as in Form 22.) You are hereby summoned to appear at a Court to be holden at Order V., on the day of 19 , at the hour of ^"^^^ in the noon, to answer the Plaintiff why possession of a certain situate at should not be given up to the Plaintiff, by reason 444 of the rent payable in respect thereof by you being half a year in arrear, and the Plaintiff having right by law to re-enter for the nonpayment thereof. If you pay to the Registrar the rent in arrear, and the costs of this action, as stated at the foot of this summons, five clear days before the day on ■which you are required to appear to this summons, this action will cease. And take notice, that if you do not pay such rent in arrear and costs, or appear at the said Court, and show cause why possession of the said should not be recovered against you, you may be ordered by the Court to give possession of such premises to the Plaintiff, and that if such order be not obeyed a warrant may issue to give possession to the Plaintiff. Dated this day of 19 Reeistrar. Rent in arrear & t. d. Costa of thia summons Solicitor's ooata c. 43. s. 140. At bottom of Summons. 51 & 52 Vict. Take Notice. — If the Plaintiff in this action be not your immediate land- lord TOU MUST upon being served with this summons, or if this summons shall come to your KNOWLEDGE, forthwith GIVE NOTICE thereof to your IMMEDIATE LANDLORD, .and if you do NOT give such NOTICE you will be liable, under sect. 140 of the County Courts Act, 1888, to forfeit to your immediate landlord THREE YEARS' RACKRBNT of the premises held by you of him, in respect of which the summons shall have issued. See Back. [^Indorsement as on Form 22, adding after the words " as to the amount due and the mode of payment " in paragraph 2, the words " and as to the time when possession shall be given."] Bule 3. 249. [213.] Order for Recovery op Possession of Tenement against Person holding over. Upon the trial of this action at a Court holden this day, it is ordered that the Defendant do give to the Plaintiff possession of a certain house [or messuages with appurtenances, or part of a certain house, or as the case may be'], situate at forthwith [or on the day of ] ; And it is adjudged that the Plaintiff do recover against the Defendant the sum of £ for rent [or mesne profits] [or for rent and mesne profits] and £ costs, making together the sum of £ : And it is ordered, that the Defendant do pay to the Registrar of the Court the sum above mentioned on or before the day of 19 , [or as may be ordered]. To the Defendant. 445 Take Notice. — That if you do not give such possession a warrant may issue requiring the bailiff of the Court to give possession of the said to the Plaintiff, and to levy the sum £ above mentioned, together with further costs. 250. [212.] Order for Recovery op Possession op Tenement por Nonpayment OP Rent. Upon the trial of this action at a Court holden this day, it is ordered that order V., the Defendant do give to the Plaintiff possession of a certain ^^1® 3. situate at on or before the day of , 19 , unless the rent in arrear for the said premises, amounting to £ , and the costs of this action, be paid into Court before such day of , 19 . And it is adjudged that the Plaintiff do recover against the Defendant the sum of £ for costs of this action. And it is ordered that the Defendant do pay the same to the Registrar of this Court on or before the day of 19 To the Defendant. Take Notice. — That if you do not pay the said rent and costs, or give such possession, a warrant may issue requiring the bailiff of the Court to give possession of the said to the Plaintiff, and to levy the sum of £ above mentioned, together with further costs. 251. [214.J Warrant por Recovery op Possession op Tenement. Whereas at a Court holden at on the day of Order V., 19 , it was ordered by the Court, that the Defendant R"le 3. should give the Plaintiff possession of a certain [as in the order'] situate at ^^6? [and that the Plaintiff should recover against the Defendant the sum of £ for rent \_or mesne profits] \_or rent and mesne profits] and costs : And whereas the Defendant has not obeyed the said order : These are therefore to authorise and require you to forthwith give possession of the said herein-before mentioned premises to the Plaintiff : And these are therefore further to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendant, where- soever they may be found within tjie 4i§tri(jt of this Court (except the 446 wearing apparel and bedding of the Defendant or Ms family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said order, together with the costs of this warrant and execution ; and also to seize and take any money or bank-notes (whether of the Bank of England or any other bank) and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money, of the Defendant which may be there found, or such part or so much thereof as may be sufBcient to satisfy this execution and the costs of making and executing the same, and to pay the amount so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court, this day of 19 . By the Court, Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. Rent [or mesne profits] [or rent and mesne profits] Costs Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon]. d Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said Defendant. ' - Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back. For indorsement of fees for execution of warrant, see Form 163. 252. [215.J Summons in Action of Ejectment. {Heading as in Form 22.) Order V ^o'^' *'^® above-named Defendants, and all persons entitled to defend the Bnle3. possession of the property described in the particulars hereunto annexed, situated in the parish of within the district of this Court, to the possession whereof the above-named Plaintiffs, some or one of them, claim to be \_or to have been on and since the day of 19 J entitled, and to eject all other persons therefrom, are hereby summoned to appear at a County Court to be holden at on the day of 19 , at the hour of in the noon, to defend the said property, or such part thereof as you may be advised. 447 And take notice, that unless you appear judgment may be given, and you may be turned out of possession. Dated this day of 19 . Registrar. To the Defendants. Costs of this snmmons Solicitor's costs Total At bottom of Summons. Take Notice. — If you, the Defendants, or any of you, be only tenants of the property or some part thereof, YOU MUST, upon being served with this summons, or if this summons shall come to your KNOWLEDGE, forthwith GIVE NOTICE thereof to your IMMEDIATE landlord or his bailifE or receiver, and if you do not give such notice you will be liable, under section 209 of 15 & 16 Vict. c. 76., 15 & 16 Vict, to FORFEIT to your landlord THREE TEARS' RACKRENT of the premises demised '^- ''^- ^- ^''^• to you or holden in your possession of him, in respect of which this summons has issued. See Back. {^Indorsement as on Form 22.] 253. [216.] Notice of "Withdrawal of Action of Ejectment as to the "Whole OR Part of the Property. INot^to be printed']. Take notice, that I, the above-named PlaintifE, will not proceed in this action Order IX., [if so, in respect of the portion of the property herein-after described, that is to ^^^^ ^• say, here describe the said portion of the property], PlaintifE. 254. [217.] Notice in Action of Ejectment or for Recovery of Possession that a Person not originally made a Defendant will appear and depend. Take notice, that M.N. has filed the affidavit, a copy of Order X., which is hereunto annexed, and that by leave of the Court he will appear at ^^^ *' the trial as a Defendant. To the Plaintiff. 448 255. [218.] Notice in Action of Ejectment or for Recovery of Possession that Defendant will Limit his Defence to Part op the Property. Order X., Bnle 5. \_Not to be printed]. Take notice, that the above-named Defendant K.L. will at the trial of this action limit his defence to a part only of the property mentioned in the particulars annexed to the summons ; that is to say, [here describe the part to which the defence is limited, with reasonable certainiy]. To the Registrar of the Court, and to the Plaintiff. 256. [219.] Confession in Ejectment by Defendant of Plaintiff's Title to THE Property. Order IX., Rule 7. \_Not to be printed]. I, the above-named Defendant, hereby confess and admit the Plaintiff's title to the property mentioned in the particulars annexed to the summons in this action, and sought to be recovered therein, and that the Plaintiff is entitled to the immediate possession thereof. Dated this day of 19 . Defendant. Signed by the Defendant in the presence of To the Registrar of the Court. [To be altered as required, in case of confession in action for recovery of tenement ; see Form 65.] 257. [220.] .Judgment in Ejectment for all the Plaintiffs for the whole Property. * The day on which the summons issued, or the day stated in the Bum> mons as that on which the title of Plain- tiffs accrued. Upon the trial of this action at a Court holden this day, it is adjudged that the Plaintiffs were, on the* day of 19 , and still are entitled to the possession of the property mentioned in the particulars annexed to the summons in this action ; that is to say, [describe the property as set out in the particulars]. And it is ordered that the Defendants do give the Plaintiffs possession of the said above mentioned property forthwith [or on the day of ]: 449 And it is adjudged that the Plaintiffs do recover against the Defendants the sum of £ for costs. And it is ordered that the Defendants do pay to the Registrar of this Court the sum above mentioned on or before the day of 19 . To the Defendants. Take Notice. — That if possession be not given and payment made as above ordered, a warrant may issue requiring the bailifE of the Court to give possession of the said property to the PlaintifiEs, and to levy the sum above mentioned, together with further costs. 258. [221.] Judgment in Ejectment for all the Plaintiffs for Part of the Property against one op the Defendants, and for the other Defendants as to the Residue op the Property. Upon the trial of this action at a Court holden this day, it is adjudged that the Plaintiffs were, on the day of 19 , and still are entitled to the possession of part of the property mentioned in the particulars annexed to the summons in this action ; that is to say [describe the part the Plaintiffs are adjudged entitled to'] and for which part the Defendant G.H. defended separately ; but that the Plaintiffs were not nor are entitled to the possession of the residue of the property described in the particulars annexed to the summons, for which the Defendants I.J. and K.L. defended : And it is ordered that the Defendant G.H. do give the Plaintiffs possession of the said part of the said property, for which the said G.H. defended separately, forthwith [or on the day of 19 j : And it is adjudged that the Plaintiffs do recover agaiast the Defendant G.n. the sum of £ for costs, and that the Defendants I.J. and K.L. do recover against the Plaintiffs the sum of £ for costs. And it is ordered that the Defendant G.H. do pay the said sum of £ and the Plaintiffs do pay the said sum of £ to the Registrar of this Court, on or before the day of 19 To the Defendant G.H. and to the Plaintiffs. Take Notice. — That unless possession be given and payment made as above ordered, a warrant or warrants may issue, requiring the bailiff of the Court to give possession of the said property to the Plaintiffs, and to levy the sums above mentioned from the parties ordered to pay the same respectively, together with further costs. 8775 450 259. [222.] Judgment in Ejectment for One op the Plaintiffs fob all the Property against all the Defendants. Upon the trial of this action at a Court holden this day, it is adjudged that the PlaintifiE A.B. was, on the day of 19 , and still is entitled to the possession of the property mentioned in the particulars annexed to the summons in this action ; that is to say [^describe the property as set out in the particulars annexed to the summons'] ; And it is ordered that the Defendants do give the said Plaintiff A.B. possession of the said above-mentioned property forthwith, [or on the day of J ; And it is adjudged that the said Plaintiff A.B. do recover against the Defendants the sum of £ for costs. And it is ordered that the Defendants do pay to the Registrar of this Court the sum above-mentioned on or before the day of 19 To the Defendants. Take Notice. — That unless possession be given and payment made as above ordered, a warrant may issue, requiring the bailiff of the Court to give possession of the said property to the Plaintiff A.B. and to levy the sum above-mentioned, together with further costs. Order XXIII, 260. [223.] Judgment in Ejectment for Plaintiff whose Title has expired before trial. Upon the trial of this action at a Court holden this day, it is adjudged that Rule 16. ' the Plaintiff was on the day of 19 , and thence uiltil and at the time of the entry of the plaint and of the service of the summons in this action, entitled to the possession of the property mentioned in the particulars annexed to the summons in this action ; that is to say {here describe the property as set out in the particulars'], but his title to the same has since that time and before this day expired ; And it is further adjudged that the Plaintiff do recover against the Defendant the sum of £ for costs : And it is ordered that the Defendant do pay to the Registrar of this Court the sum above mentioned on or before the day of 19 451 261. [224.J Judgment in Ejectment for Defendant. Upon the trial of this action at a Court holden this day, it is adjudged that the Plaintiff was not on the day of 19 nor thence hitherto hath been nor is he now entitled to the possession of the property or of any part of the property mentioned in the particulars annexed to the summons in this action ; that is to say {here describe the property as set out in the particulars'] : And it is adjudged that judgment be entered for the Defendant, and that the Defendant do recover against the Plaintiff the sum of £ for costs : And it is ordered that the Plaintiff do pay the same to the Registrar of this Court on or before the day of 19 . To the Plaintiff. 262. [225.] Order in Ejectment for Defendant's Costs, where Plaintiff dobs not appear. Whereas the Plaintiff has not appeared^ either by himself or his solicitor at the Court holden this day, being the day appointed for the trial of this action, and the Defendant has appeared in person [or by his solictor] : It is therefore ordered that the action be struck out, and that the Defendant do recover against the Plaintiff the sum of £ for costs : And it is ordered that the Plaintiff do pay the same to the Registrar of this Court on or before the day of 19 To the Plaintiff. 263. [226.] Warrant of Possession. Whereas, according to the tenor and true meaning of an order, bearing date Order XXV., the day of 19 , made in this action, the said ^^® ^*' Defendant CD. ' was ordered to deliver up possession to A.B. in the said order named of all that, &c. \_as in order] : And whereas a copy of such order was duly served upon the said CD., yet nevertheless he the said CD. and other ill-disposed persons, his accomplices, have refused to pay obedience thereto, and detain and keep the poBsession of the said messuage [or tenement and premises] : 8776 2 F 3 452 These are therefore to authorise and require you to forthwith enter into and upon the said messuage [or tenement and premises], and to remove, eject, and expel the said CD. his tenants, servants, and accomplices, each and every of them, out of and from the said messuage [or tenement and premises], and every part and parcel thereof, and to place and put the said A.B. and his assigns into the full, peaceable and quiet possession thereof, and to defend and keep him and his said assigns in such peaceable and quiet possession when and as often as any interruption may or shall from time to time be given or offered to them or any of them, according to the true intent and meaning of the said order ; and herein you are not in anywise to fail. Given under the seal of the Court, this day of 19 . By the Court, Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. Note. — The above form is given as an example of a warrant of possession issued pursuant to an order in an action other than an action of ejectment. 264. [227.] "Warrant of Possession in Ejectment for Possession and Costs. Order XXV., Whereas at a Court holden at on the day of ^^8 ^*- 19 , it was adjudged that the Plaintiffs on the day of . 19 , and at the date of the judgment were entitled to the possession of the property mentioned in the particulars annexed to the summons in this action ; that is to say ^descrihe the property as set out in the particulars'] ; and it was ordered that the Defendants should give the Plaintiffs possession of the said above-mentioned property forthwith [^or on the day of J ; and it was adjudged that the Plaintiffs should recover against the Defendants the sum of £ for costs ; and it was ordered that the Defendants should pay the said sum to the Registrar of this Court forthwith [or on the day of J : And whereas the Defendants have not obeyed the said order : These are therefore to authorise and require you to forthwith give possession of the said herein-before mentioned property to the Plaintiff : [And these are therefore further to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendants wheresoever they may be found within the district of this Court (except, as regards each Defendant, the wearing apparel and bedding of such Defendant or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, -being the amount due to the Plaintiff under the said order, together with the costs of this warrant and execution ; and also to seize and take any money or bank notes (whether of the Bank of England or any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialities, or securities for money, of the Defendants which may be there found, or such part or so much thereof as may be sufficient to Pfitisfy this e^^ecutjon and the costs of making and executing the same, and to 453 pay the amount so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof.] Given under the seal of the Court, this day of 19 . By the Court, Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. Costs adjudged Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon.] Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the Defendants. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back. For indorsement of fees for execution of warrant, see Form 163. Note. — When separate warrants are required for possession and costs, pursuant to Order XXV., Rule 66, the words in Iraclcets should he omitted, and Form 163, so far as it relates to costs, used. Form 165 should he used for Defendant's costs. 265. [228.] Special Warrant of Possession in Ejectment for Possession and Costs, where one of several Plaintiffs has died after Judgment AND before Execution executed. Whereas at a Court holden at on the day of 19 , it was adjudged that the Plaintiffs on the day of 19 , and at the date of the judgment were entitled to the possession of the property mentioned in the particulars annexed to the summons in this action, that is to say [describe the property as set out in the particulars'] ; and it was ordered that the Defendants should give the Plaintiffs possession of the said above-mentioned property forthwith [or as in the judgment] ; and it was adjudged that the Plaintiff should recover against the Defendants the sum of £ for costs ; and it was ordered that the Defendants should pay the said sum to the Registrar of this Court forthwith [or as in the judgment] : And whereas the Defendants have not obeyed the said order : And whereas CD., one of the Plaintiffs, has died since judgment was given and before execution executed : These are therefore to authorise and require you to forthwith give possession of the said herein-before mentioned premises to the surviving Plaintiffs A.B. and E.F. on behalf of themselves and of the legal representatives of the deceased Plaintiff CD. And these are therefore further, &c. [conclude as in last form]. Order XXV., Rule 64. 454 266. [229.] Judgment in Ejectment for Plaintiff, where Defendant is Joint Tenant, Tenant in Common, or Coparcener with Plaintiff, and AN actual Ouster is proved. 5T & 52 Viot. Upon the trial of this action at a Court holden this day, it is adjudged o. 43. 8. m. ^j^^^. |.j^g Plaintiff and Defendant were on the day of 19 , and still are entitled to the joint possession of the property mentioned in the particulars annexed to the summons in this action as joint tenants {^or as tenants in common or as coparceners] ; that is to say, ^describe the property as set out in the particulars'] : And it having been proved to the satisfaction of the Court that the Defendant did before the commencement of this action actually oust the PlaintiflE from the possession of the said property, and thence hitherto hath kept and still keeps the PlaintiflE ousted therefrom, it is adjudged and ordered that judgment be entered for the PlaintiflE, and that the Defendant do give the PlaintiflE jointly ■with him the Defendant possession of the said above-mentioned property forth- with lor on the day of ], and that the PlaintiflE do recover against the Defendant the sum of £ for costs : And it is ordered that the Defendant do pay to the Registrar of this Court the sum above-mentioned on or before the day of 19 . To the Defendant. Take Notice. — That if possession be not given and payment made as above ordered, a warrant may issue, requiring the bailiflE of the Court to give possession of the said property to the PlaintiflE jointly with the Defendant, and to levy the sum above mentioned, together with further costs. 267. [230.] Judgment in Ejectment for Defendant, where Dependant is Joint Tenant, Tenant in Common, or Coparcener . with Plaintiff, and NO ACTUAL Ouster is proved. Upon the trial of this action at a Court holden this day, it is adjudged that the PlaintifE and the Defendant were on the day of 19 , and still are entitled to the joint possession of the property mentioned in the particulars annexed to the summons in this action as joint tenants [_or as tenants in common or as coparceners] ; that is to say, ^describe the property as set out in the particulars'] : And it not having been proved to the satisfaction of the Court that the Defendant has actually ousted the PlaintifE from the possession of the said property or of any part thereof, it is adjudged and ordered that judgment be entered for the Defendant, and that the Defendant do recover against the PlaintiflE the sum of £ for costs. And it is ordered that the PlaintifE do pay to the Registrar of this Court the sum above mentioned on or before the day of 19 . To the PlaintiflE. 455 268. [231.J Order in Ejectment for Substitution of Personal Representative OF sole Plaintiff who dies before the Return Day for such deceased Plaintiff, and for continuation of Action in Name of such Representative. Upon reading the affidavit of E.F. , and upon hearing the solicitors of the said E.F. and of the Defendant, and it appearing to the Court that the Plaintiff A.B. died on the day of now last past, and since the comrnencement of this action, and that the said E.F. is the personal representative of the said A.B. and as such is entitled to whatever estate or interest the said A.B. had in the property sought to be recovered in this action [or as the case may be'], Tt is ordered that the name of the said E.F. as personal representative [or as the case may &e], of A.B. deceased be substituted in the proceedings in this action for the name of the said A.B. deceased as PlaintijS in this action, and that the said E.F. be at liberty to continue this action in his own name as Plaintiff, and to proceed therein as if he had been originally the Plaintiff therein, and that the said E.F. do pay to the Registrar of this Court, on or before the day of 19 , the sum of £ for the costs occasioned to the Defendant by this application, and that the trial of this action be forthwith proceeded with [or be adjourned to the day of ,19 J. To the Defendant. N.B. — In explanation of this form it may be mentioned that after the amendment the title of the action will stand thus : — Between E.F. (the personal representative of A.B., the original Plaintiff, deceased) Plaintiff, and CD. Defendant. 269. [232.] Order in Ejectment for substitution op Personal Representative of one of several Plaintiffs who dies before the Return Day FOR such deceased PLAINTIFF, AND FOR CONTINUATION OF ACTION IN Names op surviving Plaintiff and Personal Representative OF DECEASED PLAINTIFF. Upon reading the affidavit of K.L., and upon hearing the solicitor of the said K.L. and of the Defendants, and it appearing to the Court that the Plaintiff CD, died on the day of now last 456 past, and since the commencement of this action, and that the said K.L. is the personal representative \_or as the case may be'] of the said G.D., and as such is entitled to whatever estate or interest the said G.D. had in the property sought to be recovered in this action, It is ordered that the name of the said K.L. as personal representative {or as the case may 6e] of G.D. deceased be substituted in the proceedings in this action for the name of the said G.D. deceased as one of the Plaintiffs, and that the action be continued and proceeded with in the names of A.B. and K.L., as Plaintiffs as if the said A.B. and K.L. had been originally the Plaintiffs therein, and that the said K.L. do pay to the Registrar of this Court on or before the day of 19 , tlie sum of £ for the costs occasioned to the Defendants by this application, and that the trial of this action be forthwith proceeded with [or be adjourned to the day of 19 .J To the Defendants. 270. [233.] Judgment in Ejectment for substituted Plaintiff. No. of Plaint. In the County Court of holden at Between E.F., the personal representative of A.B. [the original Plaintiff] deceased Plaintiff, and G.D. Defendant. "Whereas the Plaintiff A.B., died after the commencement of this action, and before the return day of the summons therein, and by an order of the Court made this day \_or on the day of last] it was ordered, amongst other things, that the name of the said E.F., as personal representative of A.B. deceased, should be substituted in the proceedings in this action for the name of the said A.B. deceased as Plaintiff, and that the action should be continued in the name of the said E.F. as Plaintiff as aforesaid : Now, upon the trial of this action at a Court holden this day, it is adjudged that the said A.B., on the day of 19 , and thence until the day of his death, was entitled to the possession of the property mentioned in the particulars annexed to the summons in this action ; that is to say [_descrihe the property as set out in the particulars'] ; and that the 457 said PlaintifiE E.F. is the personal representative of the said A.B. and as such became on the death of the said A.B. and still is entitled to the possession of the said above-mentioned property ; A.nd it is ordered that the Defendant do give the Plaintiff E.F. possession of the said above-mentioned property forthwith \or on the day of 19 J ; And it is adjudged that the PlaintifiE E.F. do recover against the Defendant the sum of £ for costs : And it is ordered that the Defendant do pay to the Registrar of this Court the sum above-mentioned on or before the day of 19 Given under the seal of the Court this day of 19 By the Court, Registrar. To the Defendant. Take Notice. — That if possession be not given and payment made as above ordered, a warrant may issue, requiring the bailifiE of the Court to give possession of the said property to the PlaintifiE, and to levy the sum above-mentioned, together with further costs. 271. [234.J Judgment in Ejectment for surviving and substituted Plaintiffs. No. of Plaint. In the County Court of holden at Between A.B. and K.L., the personal representative of G.D. (one of the original Plaintiffs) deceased Plaintiffs, and E.F. and Q.H. Defendants. Whereas one of the PlaintifiEs, CD., died after the commence- ment of this action and before the return day of the summons therein, and by an order of this Court made this day [or on the day of last] it was ordered, amongst other things, that the name of the said K.L. as personal representative of G.B. deceased, should be substituted in the proceedings in this action for the name of the said G.D. deceased, as one of the Plaintiffs, and that the action should be continued in the names of the said A.B. and K.L. as Plaintiffs as aforesaid : 458 Now upon the trial of this action at a Court holden this day, it is adjudged that the said A.B. and G.D. deceased were on the day of 19 , and thence until the day of the death of the said CD. entitled to the possession of the property mentioned in the particulars annexed to the summons in this action, that is to say [describe the property as set out in the particulars'] ; and that the said Plaintiff K.L. is the personal representative of the said CD. deceased and that on the death of the said CD., the said A.B. and K.L. became and still are entitled to the possession of the property in the said particulars mentioned ; And it is ordered that the Defendants do give the Plaintiffs A.B. and K.L. possession of the property above mentioned and described forthwith [or on the day of 19 J. And it is adjudged that the Plaintiffs A.B. and K.L. do recover against the Defendants the sum of £ for costs : And it is ordered that the Defendants do pay to the Registrar of this Court the sum above mentioned on or before the day of 19 . Given under the seal of the Court this day of 19 . By the Court, Registrar. To the Defendants. Take Notice, &c. [as in Form 270]. 272. [235.] • Order in Ejectment giving leave to a Party claiming the Property on Death op Dependant, who dibs bepore the Return Day, to appear and depend in place op such deceased Dependant. Upon reading the affidavit of E.F. and upon hearing the solicitors of the said E.F. and of the Plaintiff, and it appearing to the Court that the Defendant has died since the commencement of this action, and that upon the death of the Defendant the said E.F. became entitled to whatever estate or interest the Defendant CD. had in the property sought to be recovered in this action, It is ordered that the said E.F. be at liberty to appear and defend the said property above mentioned and described in the place of the said CD., deceased, and that the name of the said E.F. be substituted for that of the said CD. deceased as Defendant in the proceedings in this action, and that this action be continued as if the said E.F. had been originally made Defendant therein ; and that the said E.F. do pay to the Registrar of this Court on or before the day of 19 , 4S9 the sum of £ for the costs occasioned to the PlaintiflE by this application, and that the trial of this action be forthwith proceeded with [or be adjourned to the day of 19 J. To the Plaintiff. , [N.B.— In explanation of this form it may be mentioned that after the amendment the title of the action will stand thus : Between A.B., Plaintiff, and E.F. (substituted for G.D., deceased), Defendant, and all subsequent proceedings will be against E.F. as if he had been originally Defendant.] 253.) 273. [236;] jctdgmbnt in ejectment fob plaintiff who has withdrawn the Action as to Part op the Property. Whereas the Plaintifif has withdrawn this action as to part of the property (&« Form mentioned in the particulars annexed to the summons in this action ; that is to say [describe the part of the property as set out in Plaintiff's notice^, and the action has proceeded for the recovery of the remainder of the said property : Now upon the trial of this action at a Court holden this day, it is adjudged that the Plaintiff was on the day of 19 , and still is entitled to the possession of the remainder of the property mentioned in the particulars annexed to the summons in this action ; that is to say [describe the remainder of the property'] : And it is ordered that the Defendant do give the Plaintiff possession of the said lastly above-mentioned property forthwith [or on the day of ]: Ahd it is adjudged that the Plaintiff do recover against the Defendant the sum of £ for costs : And it is ordered that the Defendant do pay to the Registrar of this Court the sum above mentioned on or before the day of 19 . To the Defendant. Take Notice, &c. [as in Form 270]. [N.B.-^-If the judgment be that Plaintiff recover part only of the remainder of the property, or be for the Defendant, this Form must be altered accordingly. J 460 Order IX., Rule 7. 274. [237.] Confession in Ejectment by Defendant defending separately for Part of the Property of Plaintiff's Title to such Part. \_Not to be printed.'] I, CD., one of the above-named Defendants, defending separately for [here describe the part for which G.D. defends], being part of the property mentioned in the particulars annexed to the summons in this action, and for which no other person defends, do hereby confess and admit the PlaintifE's title to the above-mentioned part of the said property, and that he is entitled to the immediate possession thereof. Dated this day of 19 . G.D., one of the Defendants. Signed by CD., one of the Defendants, in the presence of To the Registrar of the Court. Order IX., Bale 7. 275. [238.] Judgment in Ejectment for Plaintiff where Defendant defending separately for Part of the property admits Plaintiff's Title TO such Part, and Action proceeds for Recovery of Remainder OF the Property. Whereas CD., one of the Defendants, defending separately for [here describe the part for which CD. defends], being part of the property mentioned in the particulars annexed to the summons in this action, and for which no other person defends, has confessed and admitted the PlaintifE's title to the said part of the said property, and that the plaintiff is entitled to the possession thereof ; And whereas the action has proceeded for the recovery of the remainder of the said property ; Now, upon the trial of this action at a Court holden this day, it is adjudged that the Plaintiff was on the day of 19 , and still is entitled to the possession of the remainder of the property mentioned in the particulars annexed to the summons in this action ; And it is ordered that the Defendant CD. do give the Plaintiff possession of the said [describe the part defended by CD.] forthwith [or on the day of 19 J, and that the Defendant E.F. do give the Plaintiff possession of the said [the remainder of the property] forthwith [or on the day of 19 ]; And it is adjudged that the Plaintiff do recover against the Defendant G.D. the sum of £ for costs, and against the Defendant E.F. the sum of £ for costs : 461 And it is ordered that the Defendants do respectively pay the said sums above mentioned to the Registrar of this Court on or before the day of 19 To the Defendants. Take Notice. — That unless possession be given and payment made as above ordered, a warrant or warrants may issue, requiring the bailiff of the Court to give possession of the said property to the Plaintiff, and to levy the sums above mentioned, together with further costs. [N.B. — If the judgment he that Plaintiff recover part only of the remainder of the property, or he for the Defendant, the above Form must be altered accordingly.'] 276. [239.] Notice in Ejectment by Mortgagee against Mortgagor that Defen- dant HAS PAID INTO COURT A SUM OP MONBT FOR PRINCIPAL, Interest, and Costs. Take notice, that the Defendant has paid into Court the sum of £ as being all that is due for principal and interest upon the mortgage upon which this action is brought, and for costs ; and further take notice, that if you are willing to accept the said sum so paid into Court you need not appear on the return day of the summons ; but if you do not agree to accept the said sum so paid in as aforesaid, you should appear at the Court on that day, as the Court will then proceed to determine whether the said sum of £ so paid into Court as aforesaid is sufficient to satisfy all such principal, interest, and costs as aforesaid, and will in either case make such order in the matter as to the Court shall seem fit. Dated this day of 19 Registrar. To the Plaintiff. 277. [240.] Order in Ejectment by Mortgagee against Mortgagor (all Money dub for Principal, Interest, and Costs having been paid into Court) upon Plaintiff to reconvby to Defendant the Mortgaged Property. Whereas this action is brought to recover possession of certain property mortgaged by the Defendant to the Plaintiff, and the Defendant has paid into Court the sum of £ for principal, interest, and costs due upon or in respect of the said mortgage : Now upon the trial of this action at a Court holden this day, the Plaintiff not appearing, [or the Plaintiff agreeing to accept the said sum of £ for such principal, interests, and costs, as aforesaid, or the Plaintiff alleging that 462 the said sum of £ is not sufficient to satisfy such principal, interest, and costs as aforesaid,] it is adjudged that the said sum is sufficient to satisfy such principal, interest, and costs as aforesaid : And it is ordered that within days from this day the PlaintifE do, at the costs and charges of the Defendant, reconvey to the Defendant the mortgaged property for the recovery of which this action is brought, and do deliver up to the Defendant all title deeds and writings relating thereto. To the Plaintiff and to the Defendant. 278. [241.] Order in Ejectment by Mortgagee against Mortgagor (a certain sum having been paid into court for principal, interest, and Costs), that Defendant shall pat a further Sum into Court, AND that upon SUCH PAYMENT BEING MADE PLAINTIFF SHALL RECONVEY THE MORTGAGED PROPERTY TO DEFENDANT. ■ Whereas this action is brought to recover possession of certain property mortgaged by the Defendant to the Plaintiff, and the Defendant has paid into Court the sum of £ for principal, interest, and costs due upon or in respect of the said mortgage : Now upon the trial of this action at a Court holden this day, the Plaintiff refusing to accept the said sum so paid into Court as aforesaid, it is adjudged that the said sum of £ is not sufficient to satisfy the principal, interest, and costs due upon or in respect of the said mortgage, and that the further sum of £ is due from the Defendant to the Plaintiff for the same: And it is ordered that the Defendant do on or before the day of 19 , pay to the Registrar of this Court the said last- mentioned sum, together with £ for the Plaintiff's costs in this action, and that upon the said sums of £ and £ , amounting together to the sum of £ , being paid into Court on or before the said day of 19 , the Plaintiff do, within days from the said last-mentioned day, at the costs and charges of the Defendant, reconvey to the Defendant the mortgaged property for the recovery of which this action is brought, and deliver up to him all title deeds and writings relating thereto : And it is further ordered that if the Defendant shall not, on or before the said day of 19 , pay the said last-mentioned sum, then execution shall forthwith issue on the application of the Plaintiff for the recovery of the possession of the property described in the particulars annexed to the summons in this action, and for the sum of £ Ithe costs of this action], together with the costs of the execution ; and the Registrar shall return the money paid into Court to the Defendant. To the Plaintiff and to the Defendant. 463 279. [242.] Particudars or Statement of Cause op Action under Section 60 op THE County Courts Act, 1888. {;Not to he printed.'] A. The PlaintiflE is possessed of a cottage, and by reason thereof is entitled 51 & 52 Viol, to a right of way from and to the said cottage, over and through a orderVl. certain inclosed yard of the Defendant, to a certain spring of water, for the Rule i. purpose of getting water from the said spring, and the Defendant has Interruption prevented the Plaintiff from using the said way and having thereby access to ^ay. the said spring, and still hinders and prevents him therefrom ; and neither the annual value nor the yearly rent of the lands, tenements, or hereditaments, in respect of which or on, through, or over which such easement is claimed, exceeds the sum of £50 ; and the PlaintiflE claims £ damages. B. The PlaintiflE is possessed of a cottage and premises, and by reason interruption thereof is entitled to have all the sewage and waste water arising on and °* drainage. from the said cottage and premises flow along and through a drain through and under the surface of a garden in the occupation of Defendant into a cesspool there, and the Defendant, by stopping up the said drain, has prevented and still prevents such sewage and waste water from flowing through and along the said drain into the said cesspool ; and neither, &c. [as in the last Form'], and the PlaintiflE claims £2 damages. C. The PlaintiflE was possessed of a house, in which there were divers Obstruction windows, and by reason thereof was entitled to the free access of air and °f lig^* light into the said house through the said windows, and the Defendant by building a wall close to and in front of the said windows has darkened the PlaintiflE's house, and prevented and still prevents the access of light and air into the PlaintiflE's house as the PlaintiflE before enjoyed the same ; and neither the annual value nor the yearly rent of either PlaintiflE's house, or of the land on which the Defendant has built the said wall, exceeds the sum of £50 ; and the PlaintiflE claims £ damages. [The above Forms are given merely as examples, and the statement in all cases must be in accordance with the right claimed, and be as concise as possible"]. 280. [72.] Particulars op Plaintipp's Demand or Cause op Action in Action op Contract ordered to be tried in a County Court. [Not to be printed.] In the County Court of holden at Between A.B., PlaintiflE, [Address and Description.] and (7-0., Defendant. [Address and Description.] Bl & 52 Viot. c. 43. s. 65. Order XXXIII., Rule 1. 464 Being an action of contract commenced in the High Court of Justice, and sent by order of a Judge lor Master or District Registrar] thereof under section 65 of The County Courts Act, 1888, to be tried in this Court. This action is brought for [state the particulars of the Plaintiff's demand or cause of action according to the facts, adding"] Above are the Particulars of the Plaintiff's demand [or cause of action]. Dated this day of 19 . A.B., Plaintiff, or E.F., Plaintiff's Solicitor. To the Registrar of the Court and to the Defendant. 61 & 52 Vict. c. 43. B. 65. Order XXXIII., Rule 1. 281. [73.] Notice of Trial of Action of Contract ordered to be tried in a County Court. [Heading as in Form 280.] Being an action of contract commenced in the High Court of Justice, and sent by order of a Judge [or Master or District Registrar] thereof under section 65 of the County Courts Act, 1888, to be tried in this Court. Take notice, that this action will be tried at a Court to be holden on the day of at o'clock in the noon. Dated this day of 19 To the Plaintiff and Defendant. Registrar. [N.B. — To the notice sent to the Defendant the Registrar must annex a copy of the Plaintiff's particulars of demand or cause of action, where given."] 51 & 52 Viot. c. 43. a. 66. Order XXXIII., Rule 1. Malicious prosecution. 282. [75.] Statement op Plaintiff's Cause of Action in Action of Tort remitted for trial in a county court. [Not to be printed.] [Heading as in Form 280.] Being an action of tort commenced in the High Court of Justice, and remitted by order of a Judge [or Master or District Registrar] thereof, under section 66 of the County Courts Act, 1888, to be tried in this Court. A. The Defendant maliciously ajid without reasonable or probable cause laid an information before E.F., a Justice of the Peace for the County of , against the Plaintiff, for having feloniously stolen a bushel of wheat belonging to the Defendant, upon which charge the Plaintiff was com- mitted to the County Gaol at , and was there imprisoned for two 465 months, and the Defendant afterwards maliciously and without reasonable or probable cause caused the Plaintiff to be prosecuted, indicted, and tried at the last assizes for the said county upon the said charge, when the PlaintifE was acquitted, and the prosecution came to an end, by reason whereof the Plaintiff was injured in his person and character, and was put to expense in defending himself against the said charges ; and the PlaintifE claims £100 damages. B. The Defendant wrongfully and unlawfully gave the PlaintifE into the Illegal arrest, custody of a policeman, and caused him to be handcufEed, and to h% imprisoned in a police station, and thence to be taken in custody to a police office, and there to be further imprisoned, whereby the PlaintifE was put to expense in procuring his liberation from such imprisonment and in finding bail for his subsequent appearance before a Justice of the Peace ; and the PlaintifE claims £30 damages. 0. The Defendant, under a certain distress for rent due from the PlaintifE Illegal uisiiirBss to him, seized and sold more goods and chattels of the PlaintifE both in quantity and value than were reasonably sufficient to satisfy the arrears of rent due, and the costs of the distress ; and the PlaintifE claims £20 damages. D. The Defendant assaulted, beat, and wounded the PlaintifE, in con- Assault, sequence whereof the PlaintifE sufEered much pain, and was confined to his bed, and put to expense in obtaining medical advice and attendance to cure him of the injuries inflicted by such beating and wounding ; and the PlaintifE claims £100 damages. E. The Defendant falsely and maliciously wrote and published of and I'il'el. concerning the PlaintifE the words following : " he is a liar, a blackguard, and a scoundrel; " and the Plaintiff claims £200 damages. F. The Defendant falsely and maliciously caused to be printed and pub- Libel of lished of and concerning the Plaintiff in the way of his trade as a grocer, the way o? the words following: "i¥r. A.B. sands his sugar and dusts his pepper," his trade, whereby the Plaintiff was injured in his trade, and lost the custom of several persons, particularly JT, Y, and Z, who had before dealt at the Plaintiff's shop ; and the Plaintiff claims £50 damages. G. The Defendant falsely and maliciously spoke and published of and Slander, concerning the Plaintiff the words following : " A.B. is a thief, and stole Mr. Brown's ducks ; " and the Plaintiff claims £30 damages. H. The Defendant falsely and maliciously spoke and published of and pf'^^f^g"? concerning the Plaintiff, . in the way of his business and calling as a the way of ratcatcher, the words following : "A.B. is a great rogue, and instead of doing l"s calling. " his best to kill the rats he encourages the breed, so that he may have more " employment from the farmers," whereby the Plaintiff was injured in his business, and several farmers, particularly X, Y, and Z, who had usually employed him to kill the rats on their farms, ceased to do so ; and the Plaintiff claims £20 damages. J. The Defendant debauched and carnally knew M.O., then being the Seduction, daughter and servant of the Plaintiff, whereby the said M.G. became pregnant, and was delivered of a child ;.ppd t]|ie pi^ipti:pE thereby lost her 8775 3 G 466 services, and incurred expense in nursing and obtaining medical assistance and attendance for her ; and the PlaintiflE claims £100 damages. Above is the statement of the Plaintiff's cause of action. Dated this day of 19 . A.B., or E.F., PlaintifiE, Plaintiff's Solicitor. To the Registrar of the Court and to the Defendant. [A''.^. — The above Forms are only given as examples, and the statement of the Plaintiff's cause of action must in all cases he in accordance with the facts, and he as concise as possible.] 61 & 52 Viot. c. 43. s. 66. Order XXXIII.. Rule 1. 283. [76.] Notice of Trial of Action of Tort remitted for Trial in a Count y Court. [Heading as in Form 280.] Being an action of tort commenced in the High Court of Justice, and remitted by order of a Judge {_or Master or District Registrar] thereof, under section 66 of The County Courts Act, 1888, to be tried in this Court. Take notice, that this action will be tried at a Court to be holden on the day of at o'clock in the noon. {_N.B. — To the notice sent to the Defendant the Registrar must annex a copy of the statement of the Plaintiff^s cause of action, where given.] Order XXXIII.. Rule 9. 284. [77.] Statement to be delivered by Claimant when Interpleader transferred from high court. \_Not to be printed.] \_Heading as in Form 280.] The following are the names and addresses of the parties and solicitors to the interpleader proceeding directed to be transferred to this Court by an order of the High Court of Justice dated — Viz. : — of the claimant, A.B., of (^address and description). of his solicitor, G.D., of „ „ of the execution creditor, F.F., of „ „ of his solicitor , G.H., of „ „ The proceeding transferred is an issue to try whether certain goods seized by the Sheriff ,of Middlesex, under au execution from the High Court in an 467 action in which the said E.F. was Plaintiff and I.K. was Defendant, are the property of the said A.B., the claimant, or of the said E.F., the execution creditor. I request that the said issue may be entered for hearing. Claimant. To the Resristrar. 285. [New.] Notice of Hearing of Intbrpleadbb transferred from High Court. [^Gommence as in Form ■2%Q.'] Being a proceeding by way of interpleader directed to be transferred to this Order Court by an order of the High Court of Justice dated the day g^jg g '' of 19 . Take notice, that this proceeding will be heard at a Court to be holden day of 19 , at 19 . Registrar of the County Court of holden at at on the o'clock in the noon. Dated this day of To the Claimant and the Execution Creditor and to Messrs. the London Agents of the Sheriff of . Mote. — The Claimant is called upon, five clear days at least \_or, if the time Order Ims been reduced under Order XXXITI., Rule lS(2)(a), clear ^^^^o' days at leasf] before the day of Iwaring, to lodge with the Registrar of this Court, at his office situate at two copies of the particulars of the goods and chattels alleged to be the property of the Claimant, and of the grounds of his claim ; and the Registrar is required to forthwith send by post to the execution creditor one of the copies of such particulars ; Order XXXIII., Rule 10. 286. [243.] Notice to Distrainer of Goods or Cattle intended to be replevied. In the County Court of holden at Take notice, that A.B. of, &c., whose goods \or cattle] you have distrained, intends to replevy the same, and has proposed as his sureties for the due prosecution of an action of replevin against you in the \here mention the Court in which the action is to be broiight^, E.F. of, &c., and G.H. of, &c., and that if you have any valid objection to make to the proposed sureties, or either of them, you must attend at [here insert place of office of Registrar'], on the day of 19 , at the hour of when the bond will be submitted to me for approval. To of J.K., Registrar. 8776 2 G 2 468 61 & 52 Vict. c. 43. 8.- 135. (•) The dis- trainer. I apprave of this bond. I.K., Registrar. (L.S.) Tliu hand daet not require a stamp. 51 & 52 Vict. c. 13. M. 109. 287. [244.] Bond in Replevin where Action to be commenced in High Court. INoi to be printed']. Know all men by these presents, that we, A.B. of, &c., G.D. of, &c., and E.F. of, &c., are held and firmly bound unto G.H. (*) of, &c., in the sum of £ , to be paid to the said G.H. 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 of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of one thousand nine hundred and Whereas the above-named CD. and E.F., at the request of the said A.B. have agreed to enter into the above-written obligation, and this security has been approved of by , the Registrar of the County Court of holden at , as appears by his allowance in the margin hereof ; Now the condition of this obligation is such, that if the above-bounden A.B. do and shall within one week from the date of the said obligation commence an action of replevin against the above-named G.H. in the High Court of Justice, for taking and unjustly detaining certain goods and chattels of the said , to wit, [here insert the description of the goods and chattels], and prosecute such action with effect and without delay, and unless judgment be obtained thereon by default, do and shall prove before the said Court that he the said had good ground for believing that the title to the hereditament in respect of which the distress was made was in question ^ar that the title to a toll or market or fair or franchise was in question], [or that the alleged rent or damage in respect of which the distress was made exceeded twenty pounds], and do and shall also make return of the said goods and chattels, if return thereof shall be adjudged, then this obligation shall be void and of no effect, otherwise the same shall be and remain in full force. A.B. CD. E.F. Signed, sealed, and delivered by the above bounden in of Note. — If a deposit of money be made, the memorandum thereof should follow the terms of the conditions of the bond, and will not require a stamp. (L.S.) (L.S.) (L.S.) the presence 469 288. [245.J Bond in Replevin where Action to be commenced in Cohn'I'y Court. [Not to be printed.'] Know all men by these presents, that we A.B. of, &c., of O.D. of &c., and KF. of &c., are held and firmly bound unto G.H. (") of, &c., in the sum of ^'^jner.^'*' £ , to be paid to the said G.H., 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 of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of one thousand nine hundred and Whereas the above-named G.D. and E.F., at the request of the said A.B., I approve of have agreed to enter into the above-written obligation, and this security has jg; been approved of by , Jhe Registrar of the County Court Registrar, of holden at , as appears by his allowance jv;,"^ jo^ nogg in the margin hereof : »»* regvire a stamp. Now the condition of this obligation is such, that if the above-bounden A.B. do and shall within one month from the date of the said obligation commence an action of replevin against the above-named G.H. in the County Court of holden at , for taking and unjustly detaining certain goods and chattels of the said , to wit, [^here insert the description of the goods and chattels'], and prosecute such action with effect and without delay, and do and shall also make return of the said goods and chattels, if return thereof shall be adjudged, then this obligation shall be void and of no effect, otherwise the same shall be and remain in full force. A.B. (L.S.) CD. (L.S.) E.F. (L.S.) Signed, sealed, and delivered by the above bounden in the presence of Note. — If a deposit of money be made, the memorandum thereof should follow 51 & 52 Vict. the terms of the conditions of the bond, and will not require a stamp. c . . s. 289. [246.] Warrant to High Bailiff to Replevy. In the County Court of ) holden at . | Whereas hath given security as well to commence his action of replevin against , for taking and unjustly detaining certain goods and chattels \or cattle] of the said that is to say {insert description of the goods and chattels) ; and prosecute such action withefliect and without delay, as also to make return of the said goods and chattels if return thereof shall be adjudged : 470 Now, as Registrar of the above-mentioned County Court, and by virtue of the provisions of the > Cou]?,ty Courts Act,.1888,. I hereby authorise and direct you without delay to replevy and deliver the said goods and chattels [or cattle] to the said , and forthwith to return to me this warrant and what you shall have done under the same. Dated this day of 19 Registrar. To the High BailiflE of the Court. In obedience to this warrant, I have replevied and caused to be delivered to the within-named the within-mentioned goods and chattels [or cattle]. Dated this day of 19 High BailiflE. (For Judgment for Plaintiff in Replevin, see Form 151 (1).) ■Order XXXIV.,' Rules 3, 4, 290. [247.] Judgment for Defendant in Replevin for Rent. Upon the trial of this action at a Court holden this day, it is adjudged that the PlaintiflE do return to the Defendant the goods and chattels [or cattle], herein- after mentioned, that is to say [state the particulars thereof} , and do pay to the Registrar of the Court, forthwith [or on the ■ day of ] the sum of £ for costs of action [or. It is adjudged that the amount due for rent in arrear from the PlaintiflE to the Defendant is £ , and that the goods and chattels [or cattle] of the PlaintifE taken and detained by the Defendant were of the value of £ , and that the PlaintiflE do forthwith [or on the day of ] pay to the Registrar of this Court the said sum of £ , and also the sum of £ for the Defendant's costs. Order XXXIV. Bules 3, 5. 291. [248.] Judgment for Defendant in Replevin of Cattle Damage peasant. Upon the trial of this action at a Court holden this day, it is adjudged that the PlaintiflE do return to the Defendant the cattle hereinafter mentioned, that is to say [here specify the cattle'], [or do pay to the Registrar of this Court forthwith] [or on the day of 19 ,J the sum of £ which is now adjudged to be the amount of damage sustained by the Defendant] : It is also adjudged that tlie PlaintiflE do pay to the Registrar of this Court forthwith [or on the day aforesaid] the sum of £ for the Defendant's costs. 471 292. : [249.] Judgment for Delivery of Goods. Upon the trial of this action at a Court holden this day, it is adjudged that the Plaintiff do recover against the Defendant the following goods and chattels of the Plaintiff: wrongfully detained by the Defendant; that is to say, [here enumerate the chattels which the Court decides to have heen detained'] or £ their value, and also the sum of £ for damages for, the 4etentipn of the said .goods and chattels, and the sum of £ for costs. [And ijt is ordered that the Defendant do return the said goods and chattels to the PlaintifE, or do pay the said sum of £ their value to the Registrar of this Court on the day of 19 .] And it is further ordered that the Defendant do pay the said sums of £ and £ for damages and costs to the Registrar of this Court on the day of 19 . If the Judge makes an order at the trial for a return of the goods and chattels without giving the Defendant the option of returning them, omit the words in brackets and substitute the following -. — And it is ordered that the Defendant do return the said goods and chattels Order XXV., to the Plaintiff on the ' day of 19 , and that in default ^^^ ^^• of his so doing a warrant of delivery do issue. Rules 69, 70. 293. [250.] Warrant of Delivery op Goods. Whereas at a Court holden at on the day Order XXV., of 19 , the PlaintifE obtained a judgment against the Defendant for the recovery of [here enumerate the goods and chattels which the Court has ordered to be recovered of the Defendant], and thereupon it was ordered by the Court that the Defendant should return the said goods and chattels to the Plaintiff on the day of 19 , and that in default of his so doing a warrant of delivery should issue : And whereas the Defendant did not on the said day of 19 , return the said goods and chattels to the Plaintiff : These are therefore to require and order you forthwith to seize the said goods and chattels so not returned as afqresaid, wheresoever they may be found within the district of this Court, and to deliver the same to the Plaintiff : And if the same cannot be found by you within such district, you are required and ordei'ed to distrain all the lands and chattels of the Defendant, wheresoever they may be found within the district of this Court, and them hold until the Defendant shall deliver the said goods and chattels to you, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day of 19 By. the Court, Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. Application was made to the Registrar for this warrant at minutes past the hour of- in the noon of the day of ", 19; . 472 294. [251.J "Warrant of Delivery op Goods, and of Execution for Damages AND Costs. Order XXV., Whereas at a Court holden at on the day Rules 69, 70. ^^ ^^ ^ ^^^ Plaintiff obtained a judgment against the Defendant for the recovery of [here enumerate the goods and chattels which the Court has ordered to be recovered of the Defendant], and for the payment of £ for damages for the detention of the said goods and chattels, and of £ for costs ; and thereupon it was ordered by the Court that the Defendant should return the said goods and chattels to the Plaintiff on the day of , and that in default of his so doing a warrant of delivery should issue ; and it was further ordered that the Defen- dant should pay the said sums of £ and £ for damages and costs to the Registrar of this Court on the day of And whereas the Defendant did not on the said , day of 19 , return the said goods and chattels to the Plaintiff, and default has been made in payment according to the said order : These are therefore to require and order you forthwith to seize the said goods and chattels so not returned as aforesaid, wheresoever they may be found within the district of this Court, and to deliver the same to the Plaintiff : And if the same cannot be found by you within such district, you are required and ordered to distrain all the lands and chattels of the Defendant, wheresoever they may be found within the district of this Court, and them hold until the Defendant shall deliver the said goods and chattels to you ; And these are further to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendant, wheresoever they may be found within the district of this Court, (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said order, together with the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the Defendant, which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day of 19 By the Court, Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. Damages for detention of goods • Costs £ 1. d. Poundage for issuing this warrant Total amount to be levied [wiih fees for execution of warrant, as indorsed hereon]. 473 Notice. — The goods and chattels are not to be sold until after the end of live days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the Defendant. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back. For indorsement of fees for execution of warrant, see Form 163. 295. [252.] Warrant of Delivery where, if Goods are not Returned, Levy IS to be made for their Value. Whereas at a Court holden at on the day Order XXV, of 19 , the Plaintiff obtained a judgment against the Defendant ^"1«« 8^' '^''• for the recovery of \here enumerate the goods and chattels which the Court has ordered to be recovered of the Defendant^, or £ their value, and for the payment of £ for damages for the detention of the said goods and chattels, and of £ for costs ; and thereupon it was ordered by the Court, that the Defendant should return the said goods and chattels to the Plaintiff or pay the said sum of £ their value, to the Registrar of this Court on the day of , 19 ; and it was further ordered that the Defendant should pay the said sums of £ (damages for the detention) and £ (costs) to the Registrar of this Court on the day of : And whereas the Defendant did not on the said day of 1 9 , return the said goods and chattels to the Plaintiff, and default has been made in payment according to the said order : These .are therefore to require and order you forthwith to seize the said goods and chattels so not returned as aforesaid, wheresoever they may be found within the district of this Court, and to deliver the same to the Plaintiff : And if the same cannot be found by you within such district, you are required and ordered to make and levy by distress and sale of the goods and chattels of the Defendant, wheresoever they may be found within the district of this Court, (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the said sum of £ (the assessed value of the goods and chattels) : And you are further required and ordered to make and levy by distress and sale of the goods and chattels of the Defendant, wheresoever they may be found within the district of this Court, (except as herein-before excepted the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the said sums of £ (damages for detention) and £ (costs), together with the costs of this execution : And also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, pro- missory notes, bonds, specialties, or securities for money of the Defendant, which may there be found, or such part or so much thereof as may be safG.cient 474 to satisfy this execution and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day of 19 • By the Court, Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. Assessed value of the goods and chattels Damages for detention of goods Costs Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon]. Notice. — The goods and chattels are not to be sold until after the end of five- days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the Defendant. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 ■. See Back. For indorsement of fees for execution of warrant, see Form 163. 296. [253]. Order for specific performance of Contract to deliver Specific OR Ascertained Goods, under Section 52 op the Sale op Goods Act, 1893. .56 & 57 Vict Upon the Irial of this action (the same being for breach of contract to deliver o. 71. s. 52. specific goods for a price in money) at a Court holden this day, it being adjudged that the Plaintiff is entitled to recover, it is, upon the application of the Plaintiff, found and adjudged that the goods in respect of the non-delivery of which the Plaintiff is entitled to recover, and which remain undelivered, are as follows ; (that is to say,) [here enumerate the goods undelivered'] ; and that the Plaintiff would have been liable to pay the sum of £ [here insert the sum to he paid by Plaintijf for the delivery'] for the delivery thereof ; and that the Plaintiff will have sustained damages to the amount of £ [liere insert the sum assessed for damages if the goods be delivered] if the said goods shall be delivered as herein-after mentioned, and to the amount of £ [here insert the sum assessed for damages in the event of the non- delivery of the goods] if the said goods shall not be so delivered : And thereupon judgment being now given for the Plaintiff, it is, upon the application of the Plaintiff, ordered that the said goods be delivered by the Defendant to the 475 Plaintiflf, on the payment by the PlaintiflE of the said sum of £ [here insert the sum to be paid by Plaintiff for the delivery'}, on or before the day of now next ensuing, and that in default thereof execution do issue for the delivery to the PlaintiflE, on payment by the Plaintiff of the said sum of £ [here insert the sum to be paid by Plaintiff for the delivery'], of the said goods ; and that the Defendant shall not have the option of retaining the same upon payment of the damages lastly assessed in the event of the non-delivery of the goods ; and that the Plaintiff do recover against the Defendant the said sum of £ [here insert the su?n assessed for damages if the goods be delivered] for damages and for costs : And it is ordered that the Defendant do pay the said last-mentioned sums of £ and £ to the Registrar of this Court on or before the day of 19 : And it is further ordered that if the said goods or any part thereof cannot be found within the district of this Court, the bailiff of this Court shall distrain the Defendant by all his lands and chattels within the district of this Court till the Defendant deliver the said goods, or, at the option of the Plaintiff, the said bailiff shall cause to be made of the Defendant's goods the said sum secondly above assessed for damages, or a due proportion thereof. 297. [254.J Distringas for Delivery op Goods, and Warrant op Execution AGAINST Dependant's Goods por the Amount op Damages (supposing the goods delivered under the distringas) and Costs, under Section 52 of the Sale op Goods Act, 1893. Whereas at a Court holden at on the day 56 & 57 Viot. of 19 , the Plaintiff obtained a judgment against the Defendant "■ ^'- '■ ^^■ for the delivery to the Plaintiff, upon payment by the Plaintiff of the sum of r^i|^,^^^" £ [here insert the sum to be paid by Plaintiff for the delivery], oi the following goods ; that is to say, [here enumerate the goods enumerated in the judgment] ; and by the said judgment it was found and adjudged that the Plaintiff would have sustained damages to the amount of £ [here insert the sum assessed for damages if the goods be delivered] if the said goods should be delivered to the Plaintiff, and to the amount of £ [here insert the sum assessed for damages in the event of the non-delivery of the goods] if the said goods should not be so delivered ; and judgment being then given for the Plaintiff, it was thereupon ordered that the said good's should be delivered by'the Defendant to the Plaintiff on payment by the Plaintiff of the said sum of £ [here insert the sum to be paid by Plaihtiffor the delivery] on or before the day of 19 , and that in default thereof . execution should issue for delivery to the 'Plaintiff, on payment by tUe Plaintiff of the said sum of £ [here insert the sum to be paid by the Plaintiff for the delivery], oi the said goods, and that the Defendant should not have the option of retaining the said goods upon payment of the said sum of £ [here insert the sum assessed for damages in the event of the non-delivery of the goods], and that the Plaintiff 476 should recover against the Defendant the said sum of £ ^here insert the sum assessed for damages if the goods be delivered'] for damages, and £ for costs ; and that the Defendant should pay the said last-mentioned sums of £ and £ to the Registrar of this Court on or before the day of 19 : And it was further ordered that if the said goods or any part thereof should not be found within the district of this Court, the bailiff of this Court should distrain the Defendant by all his lands and chattels within the district of this Court till the Defendant should deliver the said goods, or, at the option of the Plaintiff, the said bailiff should cause to be made of the Defendant's goods the said sum of £ \_here insert the sum assessed for damages in the event of the non-delivery of the goods'], or a due proportion thereof : And whereas the said goods have not been delivered according to the said order, and the said sum of £ so payable by the Plaintiff as aforesaid has been paid to the Registrar of this Court, and the Plaintiff has not expressed his option to have the said sum of £ [Jiere insert the sum assessed for damages in the event of the non-delivery of the goods], or a due proportion thereof, made of the goods of the Defendant : These are therefore to require and order you forthwith to seize the said goods so not delivered as aforesaid, wheresoever they may be found within the district of this Court, and to deliver the same to the Plaintiff, and to pay over to the Defendant upon seizure of the said goods the said sum of £ [here insert the sum, to he paid hy the Plaintiff for the delivery] which is delivered to you together with this warrant : And if the said goods cannot be found by you within such district, you are required and ordered to distrain all the lands and chattels of the Defendant, wheresoever they may be found within the district of this Court, and them hold until the Defendant shall deliver the said goods to you : And you are further required and ordered to make and levy, by distress and sale of the goods and chattels of the Defendant, wheresoever they may be found within the district of this Court, (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said order, together with the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the Defendant which may there be found, or such part or so much thereof as may be sufBcient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court, this day of 19 By the Court, Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. ' 477 A.moant asaessed for damages if the goods bo delivered Snm adjudged for costs Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereonl. Notice. — The goods and chattels seized for damages and costs are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the Defendant. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back. For mdorsement of fees for execution of warrant, see Form 163. [N.B. — When a Plaintiff sues out this ivarrant, lie must pay to the Registrar the amount found hy the judgment to he payable hy the Plaintiff for the delivery of the goods, and the Registrar must hand over such amount to the bailiff with this warrant, for the bailiff to pay to the Defendant, if either the Defendant delivers the goods to the bailiff or the bailiff obtains possession of them under this warrant."] 298. [255.] Warrant op Execution against Defendant's Goods, under Section 52 OP THE Sale op Goods Act, 1893, where Plaintiff exercises the Option of having the Damages assessed for the Non-Delivery OF THE Goods (where the Goods are not deli\ bred pursuant to THE Order) levied by distress and Sale of Defendant's Goods. Whereas at a Court holden at on the day of 19 , the Plaintiff obtained a judgment against the Defendant for the delivery to the Plaintiff, upon payment by the Plaintiff of the sum of £ [here insert the sum to be paid by Plaintiff for the delivery] of the following goods ; that is to say [here enumerate the goods enumerated in the judgment] ; and by the said judgment it was found and adjudged that the Plaintiff would have sustained damages to the amount of £ [here insert the sum assessed for damages if the goods be delivered] if the said goods should be delivered to the Plaintiff, and to the amount of £ [here insert the sum assessed for damages in the event of the non-delivery of the goods] if the said goods - should not be so delivered ; and judgment being then given for the Plaintiff, it was thereupon ordered that the said goods be delivered by the Defendant to the Plaintiff, on payment by the Plaintiff of the said sum of [fiere insert the sum to be paid by the Plaintiff for the delivery], on or before the day of , and that in default thereof execution should issue for the delivery to the Plaintiff, on payment by the Plaintiff of the said sum of £ [here insert the sum to be paid by Plaintiff for the delivery], of the said goods, and that the Defendant should not have the option of retaining the said goods upon 478 payment of the said (sum of £ [here insert the sum assessed for damages m the event of the\ non-delivery of the goods'], and that the Plaintiff should recover agaiost the Ipefendant the said sum of £ \here insert the sum assessed for damages if the goods he delivered'] for. damages, and £ for costs ; and that the Defendant should pay the said last mentioned sums of £ and £ to the Registrar of this Court on or before the day of 19 : And it was further ordered that if the said goods or any part thereof should not be found within the district of this Court, the bailiff of this Court should distrain the JDefendant by all his lands and chattels within the district of this Court till the Defendant should deliver the said goods, or, at the option of the Plaintiff, the said bailiff should cause to be made of the Defendant's goods the said sum of £ [here insert the sum assessed for damages in the event of the non-delivery of the goods], or a due proportion thereof : And whereas the said goods have not been delivered according to the said order, and the Plaintiff has expressed his option to have the said sum of £ [here insert the sum assessed for damages in the event of non- delivery of the goods] made of the goods and chattels of the Defendant : These are therefore to require and order you forthwith to make and levy by ' distress and sale of the goods and chattels of the Defendant, wheresoever they may be found within the district of this Court, (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff under the said order, together with the costs of this execution ; and also to seize and take any money or bank notes (whether of tlie Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the Defendant which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day of 19 . By the Court, Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. Amount aeseseed for damages if the goods be not delivered Sum adjudged for costs Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon]. ' 479 Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the Defendant. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back. For indorsement of fees for execution of warrant, see Form 163. 299. [256.] Order appointing Receiver of Real and Personal Estate. Upon the application of and upon reading an affidavit of Order XIII., and upon hearing -^"^^ ^• It is ordered that of be appointed [if so ordered, without giving security] to receive the rents and profits of the real and leasehold estates and to get in the outstanding personal estate of the testator \_or intestate] named in the particulars annexed to the summons in this action ; and the tenants of the real and leasehold estates are to attorn and pay their rents in arrear and growing rents to such receiver : And it is ordered that the Defendants, the executors of the testator [or administrators of the intestate], do deliver over to such receiver all securities in their hands for such outstanding personal estate, together with all books and papers relating thereto. And it is ordered that the said do on or before the day of 19 , give security pursuant to Order XIII., Rule 2, of the County Court Rules in the sum of £ [Add, if so ordered. And the PlaintiflE undertaking to be responsible for the acts and defaults of the said receiver until such security is given, it is further ordered that the said receiver be at liberty to act at once.] 300. [257.] Order appointing Receiver op Partnership. Upon the application of and upon reading an affidavit of order XIII., and upon hearing Rnle l. It is ordered that of be appointed [if so ordered, without giving security] to collect, get in, and receive the debts now due and outstanding and other assets and property belonging to the partnership business of at and out of the first moneys received to pay the debts due from the said business : 480 And it is further ordered that the Plaintiff and Defendant respectively do deliver over to the said all the stock-inrtrade and effects of the said partnership, and also all securities in their or either of their hands for such outstanding partnership estate, together with all books and papers relating thereto. [And it is ordered that the said do on or before the day of 19 , give security pursuant to Order XIII., Rule 2, of the County Court Rules in the sum of £ .] [Add, if so ordered, A.nd the Plaintiff undertaking to be responsible for the acts and defaults of the said receiver until such security is given, it is further ordered that the said receiver be at liberty to act at once. J Order XIII., Rule 6. 301. [258.] Notice to Receiver to produce his Accounts for Audit. You are hereby required, on or before the day of 19 , to leave at my office your accounts as receiver in this action [or matter], duly verified by affidavit, and to attend at my office aforesaid on the day of 19 , at o'clock in the noon, for the purpose of having such accounts audited ; and you are required to bring with you all receipts, papers, and vouchers necessary for verifying such accounts. To E.F., Receiver in this action [or matter]. Order XIII., Rule 10. 302. [259.] Order on Receiver to Pay to Beneficiary. \_Not to be printed.'} Upon the application of it is ordered that E.F., of appointed by an order of this Court, dated the day of , the receiver in this action \_or matter], do pay at the end of each quarter to the moneys received by him during the quarter as such receiver, after deducting his own remuneration and all other proper disbursements ; and that he be allowed such payments in passing his accounts. [Note. — Where tlie Court at the time of appointing tlie receiver adds a direction to this effect, it can he prepared from this form.] 481 303. [260.] Bond to be given by Receiver. [^Not to be printed.'] Know all men by these presents, that we, E.F., of, &c., and I.K., of, &c., Order XIII., and L.M., &c., are jointly and severally held and firmly bound to G.H., Registrar of the County Court of holden at , in the sum of £ , to be paid to the said G.H., 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 of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of one thousand nine hundred and Whereas an action has been commenced in this Court by A.B. against CD. for the purpose of [^here insert object of action'] : And whereas the said E.F. has been appointed, by order of the above- mentioned Court, to receive the rents and profits of the real [_or freehold, or copyhold, or leasehold] estate [or estates] [and to get in the outstanding personal estate] of N.O., the testator in the said action named : Now the condition of this obligation is such, that if the above-bounden E.F. do and shall duly account for all and every the sum and sums of money which he shall so receive on account of the rents and profits of the real estates, and in respect of the personal estate, of the said N.O. [_or as may be] at such periods as the said Court shall appoint, and do and shall duly pay the balances which shall from time to time be certified to be due from him as the said Court has directed or shall hereafter direct, then this obligation shall be void and of none effect, otherwise the same shall remain in full force and virtue. E.F. (L.S.) I.K. fL,S.) L.M. (L.S.) Signed, sealed, and delivered by the above-bounden in the presence of Note. — If deposit of ?noney be made, the memorandum thereof should follow the terms of the condition of the bond, and will not require a stamp. 304. [261.] Ordeb for Accounts and Inquiries. \_Not to be printed; but to he used as a precedent.] This Court doth order that the following accounts and inquiry be taken and order XII., made ; that is to say, I^"le 5. 1. An account of the personal estate not specifically bequeathed of N.O., deceased, the testator in the particulars in this action named, come to the hands of the Defendants CD. and X. Y., the executors of his will, or of either of them, or to the hands of any other persop by the order or fgy the use of the said Defendants or either of them, 8776 2 H 482 2. An account of the testator's debts. 3. An account of the testator's funeral expenses. 4. An account of the legacies and annuities (if any) given by the testator's will. 5. An inquiry what parts (if any) of the testator's personal estate are outstanding or undisposed of. And it is ordered that the testator's personal estate not specifically bequeathed be applied in payment of his debts and funeral expenses in a due course of administration, and then in payment of the legacies and annuities (if any) given by his will. {If ordered.) And it is ordered that the following further inquiries and accounts be made and taken ; that is to say, 6. An inquiry what real estate the testator was seised of or entitled to at the time of his death. 7. An account of the rents and profits of the testator's real estate received by the Defendants CD. and X. Y., the executors of his will, or either of them, or by any other person by the order or for the use of the said Defendants or either of them. 8. An inquiry what incumbrances (if any) affect the testator's real estate, or any and what parts thereof. {If sale ordered.) 9. An account of what is due to such of the incumbrancers as shall consent to the sale herein-after directed in respect of their incumbrances. 10. An inquiry what are the priorities of such last-mentioned incum- brances. And it is ordered that the testator's real estate be sold with the approbation of the Judge, free from the incumbrances (if any) of such of the incumbrancers as shall consent to the sale, and subject to the incumbrances of such of them as shall not consent, and that the money to arise by the sale of the testator's real estate be paid into Court to the credit of this action, to an account entitled " Proceeds of sale of the testator's real estate," subject to further order ; and if such money shall arise from real estate sold with the consent of incumbrancers the money so arising is to be applied in the first place in payment of what shall appear to be due to such incumbrancers according to their priorities. 11. And it is ordered that shalF have the conduct of the sale of the said real estate, and shall prepare the conditions and contracts of sale, and the abstract of title, subject to the approval of the Registrar, and that in case any doubt or difficulty sliall arise the papers shall, with the like approval be submitted to , Esquire, to settle. 12. And it is further ordered that for the purpose of the inquiries herein- before directed the Registrar shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in any other way which shall appear to the Uegistrar to give the most useful publicity to such inquiries. 483 13. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts ordered to be done be completed, before the day of , and that the Registrar do certify the result of the inquiries and the accounts, and that all other acts ordered are completed, and have his certificate in that behalf ready for the inspection of jfche parties on the day of And it is ordered that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply to the Court as they may be advised. \_Such part only of this order is to he used as is applicable to the particular case.'] 305. [262.] Order for Sale op Personal Estate. [^Not to be printed.] It appearing to me that it will be for the benefit of the estate that the ^^^^^ remaining outstanding debts be sold, 1 do order that the debts now due to the Rule 23. estate of N.O., the testator \_or intestate] mentioned in the Plaintiff's particulars of claim, be sold as soon as conveniently may be by [the receiver] by private contract [or public auction] for the highest price that can be obtained for the same. Dated this day of 19 . Judge. 306. [263.]- Order for Sale op Real Estate. [Not to be printed.] It appearing to me that it is necessary for carrying out the objects of this Order action that the real estate [or part of the real estate] of the deceased be sold, ^^^■'^^■' I do order that all that freehold [copyhold or leasehold] messuage or tenement, &c. [setting out parcels as in last conveyance], being the real [or part of the real] estate of N.O., late of in the county of , deceased, the testator [or intestate] mentioned in the Plaintiff's particulars of claim, be offered for sale by public auction at the Hotel at by Mr. , auctioneer, and be then and there sold, subject to a reserved price to be fixed by the Court [or to the highest bidder without reserve]. Dated this day of 19 . Judge. 8775 2 H a 484 307. [264.] Order for Reference in Foreclosure Action by Mortgagee. {_Not to he printed.'] It is ordered that it be referred to the Registrar to take an acount of what is due to the PlaintiflE for principal and interest under or by virtue of the indenture of mortgage dated the day of mentioned in the particulars in this action (making allowance on one side or the other for any rents or profits received by the Plaintiff and for any sums of money lawfully expended by the Plaintiff about the mortgaged premises), and to tax the Plaintiff's costs of this action, and that the Registrar do certify to the Court on the day of what he shall find to be due for principal and interest as aforesaid, and for costs : And upon the Defendant paying into Court what shall be certified to be due to the Plaintiff for principal and interest as aforesaid, together with the said costs, within six months after the Registrar shall have presented his certificate, it is ordered that the Plaintiff do re-convey the said mortgaged premises, free and clear from all incumbrances made by him, or any person or persons claiming by, from, or under him, to the Defendant, or as he shall direct, and do deliver up to the Registrar, on oath if required, all deeds and writings in his custody or power relating thereto ; and that upon such re-conveyance being made, and deeds and writings being delivered up, the Registrar shall pay out to the Plaintiff the said sum so paid in as aforesaid for principal, interest, and costs ; but in default of the Defendant paying into Court such principal, interest, and costs as aforesaid by the time aforesaid, then it is ordered that the Defendant do thenceforth stand absolutely debarred and foreclosed of and from all right, title, interest and equity of redemption of, in, and to the said premises, and that after the expiration of the said six months the Plaintiff shall be at liberty to apply to the Court for a judgment for the foreclosure of the said mortgage [acM, if neither the value nor the rent of the property exceeds bW. a year, and delivery of possession is asked for and ordered by the Court, and for an order directing the Defendant to deliver up possession to the Plaintiff of the hereditaments comprised in the said indenture of mortgage] : And either of the parties is to be at liberty to apply to the Court as he may be advised. ['i^ .H.— Where the state of the account is ascertained at the first hearing, instead of the order of reference to the Registrar, begin— It is declared that the sum of £ is now due to the Plaintiff for principal and interest on the indenture of mortgage mentioned in the particulars in this action, and it is ordered that the Registrar do tax the Plaintiff's cogts of this action, and that the Registrar do certify, &c.] 308. [265.] Order for Sale in Action by Mortgagee or Person entitled TO A Lien. [_Not to be printed.] It is ordered, that it be referred to the Registrar to take an account of what is due tP the Plaintiff for principal and interest on the mortgage [or equitable 485 mortgage or lien], dated the day of , mentioned in the particulars in this action, and to tax the Plaintiff's costs of this action, and that the Registrar do certify to the Court on the day of what he shall find to be due for principal and interest as aforesaid, and for costs : And upon the Defendant paying into Court what shall be certified to be due to the Plaintiff for principal and interest as aforesaid, together with the said costs, within six months after the Registrar shall have presented his certificate, it is ordered that the Plaintiff [do re-convey the said mortgaged premises, free and clear from all incumbrances made by him, or any person or persons claiming by, from, or under him, to the Defendant, or as he shall direct, and] do deliver up to the Registrar, on oath if required, all deeds and writings in -his custody or power relating to the premises subject to the said mortgage [or equitable mortgage or lien] ; and that upon such [re-conveyance being made, and] deeds and writings being delivered up, the Registrar shall pay out to the Plaintiff the said sum so paid in as aforesaid, for principal, interest, and costs ; but in default of the Defendant paying into Court such principal, interest, and costs as aforesaid by the time aforesaid, then it is ordered that the said mortgaged premises \or the premises subject to the said eqjiitable mortgage' or lien] be sold with the approbation of the Judge : and it is ordered that the money to arise by such sale be paid into Court, to the end that the same may be duly applied in payment of what shall be found due to the Plaintiff for principal, interest, and costs as aforesaid, and that the balance (if any) shall be paid to the Defendant. 309. [266.] Judgment for Foreclosure. \Not to he printed.'] Whereas it appears to the Court that the Defendant has not paid into Court the sum of , which was on the day of certified by the Registrar to be due to the Plaintiff for principal and interest upon the indenture of mortgage dated the day of , mentioned in the particulars in this action, and for costs, pursuant to the order made in this action on the day of last, and that the period of six months has elapsed since the said day of : It is ordered that the Defendant do stand absolutely debarred and foreclosed of and from all right, title, interest, and equity of redemption of, in, and to the said mortgaged premises [add, if neither the value nor the rent of the property exceeds 50/. a year, and delivery of possession is asked for and ordered by the Court, and that the Defendant do deliver up possession to the Plaintiff of the hereditaments comprised in the said indenture of mortgage, the particulars of which are set forth in the schedule hereto.] 486 310. [267.] Order in Action for Foreclosure or Sale where an immediate Sale is directed under Section 25 op the Conveyancing and Law of Property Act, 1881. \_Not to be printed.'] 44 & 45 Vict. This action coining on for trial this day, upon hearing, &c., this Court doth c. 41. s. 25. declare that the Plaintiff is entitled to an equitable mortgage for the sum of £ and interest at per cent, upon the premises mentioned in the particulars ; and the Plaintiff requesting that an immediate sale of the said mortgaged hereditaments may be directed, and it appearing by the evidence of that the rents of the said mortgaged hereditaments are insuflBLcient to keep down the interest on the said mortgage debt, and that the said hereditaments are an insufficient security for payment of the said mortgage debt and interest, and that it is therefore proper that an immediate sale of the property be ordered with- out giving the mortgagor the usual time to redeem, it is ordered that the said mortgaged hereditaments be sold, with the approbation of the Judge \_add directions for sale, tfcc] ; and it is ordered that an account be taken of what is due to the Plaintiff for principal and interest on his said mortgage, and for his costs of this action, to be taxed by the Registrar : and it is ordered that the money to arise from the sale hereinbefore directed be applied in payment of what shall appear to be due to the Plaintiff for principal, interest, and costs as aforesaid, and be in the meantime paid into court to the credit of this action ; and it is ordered that the further hearing of this action be adjourned till ; and either of the parties is to be at liberty to apply to the Court as he may be advised. 311. [268.] Particulars in Foreclosure Action where the Debt is under 50Z., AND Plaintiff claims that Defendant may be ordered person- ally to pay the Debt. INot to be printed.] Order VI., 1. By an Indenture dated the 10th day of May, 1897, made between the ^^^^ ^- Defendant of the one part and the Plaintiff of the other part, the Defendant in consideration of 4:01. advanced to him by the Plaintiff, conveyed to the Plaintiff and his heirs a house and premises situate at Hastings, in the county of Sussex, by way of mortgage to secure the repayment of the said sum of 40Z. and interest at 5 per cent., and the Defendant covenanted with the Plaintiff to repay him the said sum of AOL, together with interest as aforesaid, on the 10th day of November 1897. 2. The said sum of iOL, together with an arrear of interest, amounting in the whole to ibl., remains due and owing to the Plaintiff. 3. The Defendant is in occupation of the said mortgaged premises. 4. Neither the value nor the rent of the mortgaged premises exceeds 50Z a year. 487 5 The Plaintiff claims that the Defendant may be ordered personally to pay to the Registrar of this Court the said sum of ibl., together with the PlaintiflE's costs of this action, and that in default the Defendant may be foreclosed of his equity of redemption of the mortgaged premises [and ordered to deliver up possession thereof to the Plaintiff]. 312. [269.] Judgment in Foreclosure Action where the Debt is under bOl., AND Plaintiff claims that Defendant may be ordered PERSONALLY TO PAY THE DEBT. [_Not to be printed.'] It is this day adjudged that the Plaintiff do recover against the Defendant the sum of £ for debt and £ for costs of this action up to and including the hearing ; and it is ordered that the Defendant do pay the same to the Registrar of this Court on the day of ; and in case the Defendant do pay the same as aforesaid, it is ordered [usual directions for re-conveyance of the mortgaged property, &c., see Form 307] ; but in default of payment it is ordered tJiat it be referred to the Registrar to take an account of what is due to the Plaintiff for principal and interest on the mortgage of the house in the Plaintiff's particulars mentioned, and to tax the Plaintiff his costs of this action, regard being had in taking the said account to the amount (if any) which may be paid by the Defendant or recovered by the Plaintiff under the judgment herein-before contained ; and it is ordered that the Registrar do certify to the Court on the day of what he shall find to be due to the Plaintiff for principal, interest, and costs ; and upon the Defendant paying into Court what shall be certified, . of , one of the bailiffs of the County Court of holden at , and section 48 of the County Courts Act, 1888. Whereas at a Court holden on the day of it was adjudged that A.B. of should forfeit and pay a sum of £ , for an assault committed by him on the day of upon the said bailiff whilst in the execution of his duty as such bailiff [and also for that the said A.B. did on the same day rescue \pr attempt to rescue} certain goods levied by the said bailiff under process of this Court], and the sum of £ for costs, amounting together to the sum of £ : And it was ordered that the said A.B. should pay the said sum of £ to the Registrar of the Court on the day ol {or by instalments of for every days, the first instalment to be paid on the day of 19 1 ; 515 And that in default of payment of the said sums according to the said order, payment thereof might be enforced, upon the order of the Judge, pursuant to section 167 of the County Court Acts, 1888, by distress and sale of the goods of the said A.B. under warrant of execution : And whereas the said sums have not been paid according to the said order, and the Judge of this Court has ordered them to be levied as herein-after mentioned : These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the said A.B. where- soever they may be found within the district of this Court (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount remaining unpaid under the said order, together with the costs of this execution ; and also to take and seize any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money belonging to the said A.B. which may be there found, or such part or so much thereof as may be suificient to satisfy this execution and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof ; and if no sufficient distress can be found, to certify the same to the Registrar of this Court. Given under the seal of the Court this day of 19 By the Court, Registrar. To the High BailifE of the said Court, and others the bailifEs thereof. Amount of fine and costs adjudged Paid £ «. d. Bemaining due Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as inidorsed hereon] . Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the said A.B. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back, For indorsement of f6esfor execution of warrant, see Form 163. 8775 2K2 516 358. [177c., April, 1895.] Return of Insufficient Distress, to be Indorsed on Warrant. I, High Bailiff [or bailiff] of the County Court of holden at , hereby certify that by virtue of the within written warrant 1 have made diligent search for the goods of the within-named A.B., and that I can find no sufficient goods of him whereon the sums within mentioned can be levied. Dated the day of 19 . X.Y. 359. [177d., April, 1895.] Order LII., COMMITMENT* IN DEFAULT OP DISTRESS FOR PiNE UNDER SECTION 48. Rule a. In the County Court of holden at In the matter, &c. [as in Form 355]. To the High Bailiff and others the bailiffs of the said Court, and all peace officei'S within the jurisdiction of the said Court, and To the Governor of [prison used by the Court'\. Whereas at a Court holden on the day of it was adjudged that A.B. of should forfeit and pay a sum of £ for an assault committed by him on the day of upon the said bailiff whilst in the execution of his duty as such bailiff [and also for that the said A.B. did on the same day rescue [or attempt to rescue] certain goods levied by the said bailiff under process of this Court], and the sum of £ for costs, amounting together to the sum of £ ; And it was ordered that the said A.B. should pay the said sum of £ to the Registrar of the Court on the day of [or by instalments of for every days, the first instalment to be paid on the day of 19 ]: And that in default of payment of the said sums according to the said order payment thereof might be enforced, upon - the order of the Judge, pursuant to section 167 of the County Courts Act, 1888, by distress and sale of the goods of the said A.B. under warrant of execution, or, in default or in lieu of distress, by imprisonment of the said A.B. for any period not exceeding the period which under the Summary Jurisdiction Acts may .be imposed in respect of the default of sufficient distress to satisfy a similar sum adjudged to be paid on summary conviction : * And whereas default having been made in payment of the sums due under the said order the High Bailiff and others the bailiffs of this Court were by warrant of execution dated the day of amj issued by order of the Judge, required to levy the sum of £ by distress and sale of the goods and chattels of the said A.B. : 517 And- whereas it appears that no sufficient distress whereon to levy the said is due under the said be , and there unless the said sum sum could be found [and that a balance of £ order] : It is hereby ordered by the Judge that the said A.B. imprisoned in His Majesty's Prison at kept for the space of of £ remaining due under the said order, and the costs of the said distress and the costs of this warrant, be sooner paid : And these are therefore to require you, the said High BailifE, bailifEs, and others, to take the said A.B. ■ and to deliver him to the Governor of the above-named prison, together with this warrant, and you the said Governor to receive the said A.B. • into your custody, and him safely to keep in the said prison for the space of > unless the sum stated at the foot of this warrant, being the amount remaining due under the said order, and the costs of the said distress and the costs of this warrant, be sooner paid. Given under the seal of the Court this day of 19 . By the Court, Regist rar. Amount remaining; due under order Costs of warrant of execution £ t. rf. Ponndage for issuing this warrant Total sum upon payment of which the prisoner is to be discharged For scale ot imprison- ment, iBe 42 & 43 Vict, c. 49. ss. 5,' 21 (4) Appendix, Part III. 360. [177b., April, 1895.J Commitment in lieu op Distress for Fine under Section 48. In the County Court of holden at In the matter, &c. \_as in Form 355]. To the High Bailifl: and others the bailiffs of the said Court, and all peace officers within the jurisdiction of the said Court, and To the Governor of \jpris(m used hy the Court^. Whereas at a Court holden on the day of it was adjudged that A.B. of should forfeit and pay a sum of £ for an assault committed by him on the day of upon the said bailifiE whilst in the execution of his duty as such bailiff [and also for that the said A.B. did on the same day rescue [or attempt to rescue] certain goods levied by the said bailiff under process of this Court], and the sum of £ for costs, amounting together to the sum of £ ; Order Lll., Bale 3. 42 & 43 Vict. o. 49. B. 21 (3). jAmnmaTj Jurisdiction Rules, 1886, Form 29. See 42 & 43 Viot. 0. 49. BS. 5, 21 (4). Appendix, Part III. 518 Apd it was ordered that tb^e said A.B. should pay th« said sum of £ to the. Registrar of the Court on the day of [or by instalments of £ for every days, the first instalment to be paid on the day of 19]: And that in default of payment of the said sums according to the said order, payment thereof might be enforced, upon the order of the Judge, pursuant to section 167 of the County Courts Act, 1888, by distress and sale of the goods of the said A.B. under warrant of execution, or, in default or in lieu of distress, by imprisonment of the said A.B. for any period not exceeding the period which under the Summary Jurisdiction Acts may be imposed in respect of the default of sufiScient distress to satisfy a similar sum adjudged to be paid on summary conviction : * And whereas default has been made in payment of the sums due under the said order, and the sum of £ remains due under the said order : And whereas it appears to the Judge that the said A.B. has no [sufficient] goods whereon to levy a distress [or that the levy of a distress will be more injurious to the said A.B. and his family than imprisonment] : It is hereby ordered by the Judge that the said A.B. be imprisoned in His Majesty's Prison at , and there kept for the space of , unless the said sum of £ remaining due under the said order, and the costs of his commitment, be sooner paid. And these are therefore to require you, the said High Bailiff, bailiffs, and others, to take the said A.B. and to deliver him to the Governor of the above-named prison, together with this warrant, and you the said Governor to receive the said A.B. into your custody, and him safely to keep in the said prison for the space of , unless the sum stated at the foot of this warrant, being the amount remaining due under the said order, and the costs of this warrant, be sooner paid. of Given under the seal of the Court this 19 day By the Court, Regist rar. Amount remaining due under order Poundage for issuing this warrani & s. d. Total sum upon payment of wkicli the prisoner la to be discharged... 519 361. [177f., April, 1895.] SUMMOSS UNDER SECTION 49 OF THE COUNTY COURTS AOT, 1888, FOR f 4*^^^^*"' NEGLECT TO LEVY Execution. Order LH, In the County Court of holden at Rule i. Between A.B. and CD. Plaintiff, Defendant, and in the matter of a complaint made by of Courts Act, 1888. , and section 49 of the County To E.F. of said Court. , bailiff of the You are hereby summoned to appear at a County Court to be holden at on the day of at o'clock in the forenoon, to answer a complaint made against you by of that you being employed to levy an execution against the goods and chattels of did by neglect [_or connivance or omission] lose the opportunity of levying such execution, and to show cause why an order should not be made against you undar section 49 of the County Courts Act, 1888, for payment of such damages as it shall appear that the said has sustained by such your neglect [or connivance or omission]. Dated this day of 19 * . Registrar. [To be served personally ten clear days before the return day.] 362. [177g., April, 1895.J Order under section 49 op the County Courts Act, 1888, awarding 51 & 52 vict.. Damages for neglect to levy Execution. o- *3- s- *9- Order LII., {^Heading as in last preceding Form.'} Rule 5. It is this day adjudged that E.F. of ■ , bailiff of this Court, do pay the sum of £ for damages sustained by of by reason of the said E.F. having by neglect \_or connivance or omission] lost the opportunity of levying an execution against the goods and chattels of , and the sum of £ for costs, amounting together to the sum of £ ; And it is ordered that the said E.F. do pay the said sum of £ to the Registrar of this Court on the day of \_or by instalments of for every days, the first instalment to be paid on the day of J. 51 & 52 Vict. o. 43. .3. 50. Order LII., Rule 4 520 363. [177H., April, 1895.] Summons undbr Section 50 of the County Courts Act, 1888, for Extortion or Misconduct. In the County Court of holden at Between A.B. Plaintiff, and CD. Defendant, and in the matter of a complaint made by of Courts Act, 1888. To E.F. of other ofiBcer] of the said Court. You are hereby summoned to appear at on the at against you by and section 50 of the County , bailiff \_or at a County Court to be holden day of o'clock in the forenoon, to answer a complaint made of that you have while acting under colour or pretence of the process of the Court been guilty of extortion [or misconduct] in that you ^here state particulars of extortion or misconduct alleged] [or as stated in the particulars annexed (annex particulars of extortion or misconduct alleged)'] [or that you have not duly paid or accounted for certain monies levied by you against of at the suit of under the authority of the County Courts Act, 1888], and to show cause why an order should not be made against you under section 50 of the County Courts Acts, 1888, for the repayment of the money extorted by you [or for the due payment of the money so levied by you], and for the payment of such damages and costs as the Judge shall think just, and for the payment of a fine not exceeding 101. for each offence so committed by you. Dated this day of 19 Registrar [To he served personally ten clear days before the return day.] 51 & 52 Viot. c. 43. 8. 50. Order LII., Rules. 364. [1771., April, 1895.] Order under Section 50 of the County Courts Act, 1888, for repayment of Money extorted, or Payment of Money levied, AND FOR Damages, Costs, and Fine. [Heading as in last preceding Form.] It is this (lay adjudged that E.F. of , bailiff [or other oflBcerJ of the Court, do repj,y the sum of £ extorted by him from under colour or pretence of the process of this Court [or do pay the sum oJ: £ levied by him against of at the suit of under the authority of the 521 County Courts Act, 1888, and not duly paid over or accounted for by him] and the sum of £ for damages sustained by of by reason of such extortion [or the neglect of the said E.F. to pay over the said moneys so levied by him] [or by reason of the misconduct of the said E.F., while acting under colour or pretence of the process of the Court, in that [here state particulars of the misconduct proved'] and the sum of £ for costs : And it is further adjudged that the said E.F. do forfeit and pay the sum of £ for the offence [or for each oflEence] so com- mitted by him in [here state particulars of each offence in respect of which a fine is imposed] the sums to be paid by the said E.F. amounting together to the sum of £ And it is ordered that the said E.F. do pay the said sum of to the Registrar of this Court on the day of [or by instalments of for every days, the first instalment to be paid on the day of ]. 365. [297a., April, 1895.] Order under Section 162 of the County Courts Act, 1888, for 51 & 52 Viot. o. 43. s. " "~ Order L: Rule 8. Imprisonment or Fine for Insult or Misbehaviour. order'iiii.^' In the County Court of hold en at Whereas on the day of A.B. wilfully insulted his Honour the Judge during his sitting in Court [or in going to [or returning from] the Court] [or CD., the Registrar or E.F. the High Bailiff or G.H. a bailiff [or officer] of the Court or J.K. a juror [or witness] during his attendance at the Court] or in going to [or returning from] the Court] [as the case may be], or wilfully interrupted the proceedings of the Court or misbehaved in the Court] : It is hereby ordered that the said A.B. do stand committed for days to His Majesty's Prison at [here insert prison used by the Court] for such offence. Or, It is hereby ordered that the said A.B. do forfeit and pay the sum of £ for such offence : And it is ordered that the said A.B. do pay the said sum of £ to the Registrar of this Court forthwith : And that in default of payment the said A.B. be imprisoned in His Majesty's Prison at , and there kept for the space of days, unless the said fine be sooner paid. Given under the seal of the Court this day of 19 Judge. 522 366. [297b., April, 1895.] c.'43 8^162°' Warrant of Commitment under Section 162 of the County Courts Order iu., ACT, 1888, FOR INSULT OR MISBEHAVIOUR. Rule 8. In the County Court of holden at To the High Bailiff and others the bailiffs of the said Court, and all peace officers within the jurisdiction of the said Court, and To the Governor of the [prison used iy the Courf]. Whereas on the day of A.B. wilfully insulted his Honour the Judge during his sitting in Court \_or as the case may be, reciting the insult or misbehaviour as stated in the Order, Form 365], and his Honour the Judge thereupon ordered that the said A:B. should stand committed for days to His Majesty's Prison at for such offence : These are therefore to require you the said High Bailiff, bailiffs, and others to take the said A.B. , and to deliver him to the Governor of the above-named prison, together with this warrant, and you the said Governor to receive the said A.B. , and him safely to keep in the said prison for days from the arrest under this warrant, or until he shall be sooner discharged by due course of law. Given under the seal of the Court this day of 19 Judge. 367. [297c., April, 1895.] 51 & 52 Viet. Warrant of Commitment under Section 162 of the County Courts o. 43. s. 162. Act, 1888, in default of Payment of Fine for Insult or Ruirs. ' Misbehaviour. In the County Court of holden at To the High Bailiff, &c. [as in last form'}. Whereas [recite insult or misbehaviour as stated in the Order, Form 365], and his Honour the Judge thereupon ordered that the said A.B. should forfeit and pay the said sum of £ for such offence, and that the said A.B. should pay the said sum of £ to the Registrar of the Court forthwith, and that in default of payment the said A.B. should be imprisoned in His Majesty's Prison at , and there kept for the space of days, unless the said fine should be sooner paid : And whereas default has been made in payment of the said fine : These are therefore to require you the said High Bailiff, bailiffs, and others to take the said A.B. , and to deliver him to the Governor of the above-named prison, together with this warrant, and you the said Governor to receive the said A.B. , and him safely' to keep in the said prison for days from the arrest under this warrant, unless JJie said fine be sooner paid. Given under the seal of the Court this day of 19 Judge. 523 368. [317.] Precipe for Commbncbmbnt op Admiralty Action. Admiralty Jurisdiction. In the County Court of b olden at . Order XXXIX I, A.B., of [^address and description'], hereby desire to commence an action ^^ig 4 '' for Isiate the nature of the action'], or I, L.M., solicitor, hereby desire to commence an action on behalf of \_state name, address, and description of Plaintiff], for Estate the nature of the action] against [if the action is instituted. in rem, state the name and nature of the property proceeded against, and where it then is ; if in personam, state name, address,, and description of party proceeded against, the name and nature of the property to which the action relates, and where it is], in the sum of \_state sum in letters] pounds. And I consent that all instruments and documents in the said action may be left for me at [state address], [add, where so desired, and I require the summons to be served by the Bailiff of the Court. Dated this day of 19 . 369. [318]. Precipe for Permission for Action to be heard at a Special Place. [Not to be printed]. Admiralty Jurisdiction. In the County Court of holden at . Order [Title of Action]. 15??" I, A.B., of [address and description] or I., L.M., solicitor for A.B., of [address and description], apply that permission may be granted for the hearing of this action at [here state the name of the place at which and description of the building in which it is desired that the sitting should be held, and if the building is not one in which the County Court ordinarily sits^ add, and I undertake to hire the use of the said building at my expense, and to pay the necessary expenses of the Judge and officers of the Court attending, to be allowed as costs in the action if the Court shall allow the same]. Dated this day of 19 . 524 370. [319a(1), May, 1899.] Summons in Admiralty Action in Rem. Admiralty Jurisdiction. Order XXXIX., Rule 10. If claim not liquidated, nor for If the claim is of a liquidated nature. If the action is for damages. In the County Court of holden at Tlie A.B., laddress and description'] The owners of the Between and Plaintiff, Defendants. Whereas an action for Instate the nature of the action] has been instituted in this Court, on behalf of A.B. of , against the [state description of vessel], called the [name of vessel], (whereof G.D. is now or lately was master), [where action is against vessel and freight add, and the freight due for the transportation of the cargo now or lately laden therein, or ivhere the action is against the vessel, cargo, and freight, add instead thereof, and the cargo now or lately laden therein, together with the freight due for the transportation thereof], in the sum of [state sum in letters] pounds, according to the particulars of claim hereunto annexed: You are hereby summoned to enter an appearance in the said action within four clear days of the service hereof. [If the claim is for salvage or towage, and is not of a liquidated nature, and is not for damages, add You are also warned that if you do not enter an appearance as aforesaid, the Judge of this Court will proceed to hear and determine the said action, or to make such orders therein as to him shall seem fit]. [Or, if the claim is of a liquidated nature, add You are also warned that if you do not enter an appearance as aforesaid, the Plaintiff will be at liberty, on filing an afBdayit of the service of this summons, to sign final judgment for the amount named in the particulars, with costs, to be taxed by the Registrar]. [Or, if the claim is for damages, add You are also warned that if you do not enter an appearance as aforesaid, the Plaintiff will be at liberty, on filing an affidavit of the service of this summons, to sign interlocutory judgment, with costs to be taxed, in which case the damages will be assessed by the Registrar under the rules provided for the assessment of damages]. Dated this day of 19 . To the Owners of and Parties interested in the [state description and name of vessel], [or cargo, &c., as the case may be]. N.B.— The solicitor for the Plaintiff A.B. [here state the address given in the prwcipe]. Registrar. IS of 526 371. [320a (1). May, 1899.] Summons in Admiralty Action in Personam. Admiralty Jurisdiction. In the County Court of holden at Between A.B., Plaintiff, [^address and description'], and (72). Defendant. [address and description']. Whereas an action for [state nature of action] has been instituted in this Order Court on behalf of the Plaintiff against you in the sum of [state sum in letters] f ^j^^f '' pounds, according to the particulars of claim hereunto annexed : You are hereby summoned to enter an appearance in the said action within four clear days of the service hereof. [If the claim is for salvage or towage, and is not a claim of a liquidated nature, and is not a claim for damages, add You are also warned that if you do not enter an appearance as aforesaid, the jf daim not Judge of this Court will proceed to hear and determine the said action, or to liquidated, make such orders therein as to him shall seem fit]. [Or, if the claim is of a liquidated nature, add You are also warned that if you do not enter an appearance as aforesaid, the if the claim Plaintiff will be at liberty, on filing an afhdavit of the service of this summons, j? °*. ?■ to sign final judgment for the amount named in the particulars, with costs, to nature. be taxed by the Registrar]. [Or, if the claim is for damages, add You are also warned that if you do not enter an appearance as aforesaid, the If the action Plaintiff will be at liberty, on filing an affidavit of the service of this summons, l^ ^°^ to sign interlocutory judgment, with costs to be taxed, in which case the damages will be assessed by the Registrar under the rules provided for the assessment of damages]. Dated this day of 19 . Registrar. To the Defendant. N.B.— The solicitor for the Plaintiff A.B. is of [here state the address given in the prcecipe]. Order xxxrx., Rule 13. 526 372. [321.] Warrant of Arrest and Detention. Admiralty Jurisdiction. In the County Court of holden at [Title of Action.'] Whereas an action has been instituted in this Court on behalf ot A.B. of against [state description and name of vessel or property ] in the sum of [state sum in letters] pounds : These are therefore to require and order you to arrest the said and to keep the same under safe arrest until you shall receive further orders from this Court. Given under the seal of the Court this By the Court, day of 19 Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. Order XXXIX, Rule 6. 373. [334.] Solicitor's acceptance of Service of Summons, and Undertaking to appear and to put in or give bail, &c., to be indorsed ON Summons. [Not to he printed.] Admiralty Jurisdiction. I, L.M., of [address], solicitor for CD., of [address and description], accept service hereof, and I undertake to appear for the said CD., according to the exigency of the within summons ; and I also undertake within days from the date hereof to put in or give bail herein in a sum not exceeding [state amount for which undertaking given] pounds, or to pay such sum into the County Court of holden at ; and I consent that all instruments and other documents in this action may be left for me at Dated this day of 19 627 374. [324.] Precipe to enter an Appearance. [Not to be printed.'} Admiralty JuriBdiction. In the County Court of holden at , Order [ Title of Action.] 'R^^es 1 9- 22. Enter an appearance in this action for the Defendant CD., of [address and description'] \^or for ^.F., of {address and description] who claims to have an interest in the vessel {or property or fund in court] the subject of this action]. All instruments and documents in the action may be left for the said D. [or E.F.] at [state address].. Dated this day of 19 . 374a. [New.] Notice op Appearance. [Not to be printed.] Admiralty Jurisdiction. In the County Court of holden at . Order XXXIX [Title of Action.] Eule 24. ' Take notice, that I have this day entered an appearance in this action for ' the Defendant G.I>. of [adi&ress ami description] [or for E.F. of [address and description] who claims to have an interest in the vessel [or property or fund in court] the subject of this action]. Dated this day of 19 . 375. [325.] Notice op Hbarins. Admiralty Jurisdiction. In the County Court of holden at ■ o d [Title of AcUan.] S^s^e. Take aatioe, that this action will be heard at a Court to be holden on the day of at [here state where Court is to be heM], at the hour of o'clock in the noon. Dated this day of 19 . Registrar. To the PlaintifE aj^d Defendant [w Intervener]. Order XXXIX., Rule 40. 528 376. [New.] Notice op time appointed for taking Bail before Registrar. In the County Court of Admiralty Jurisdiction. holden at [^Title of Action.} Take notice, that the Defendant [or Intervener] in this action has proposed as his sureties G.H., of &c., and J.K., of &c. : And that if you have any valid objection to make to the proposed sureties, or either of them, you must attend at [^here insert place of office of Registrar'] on the day of 19 , at the hour of o'clock in the noon, when the bail bond will be submitted for approval, and the proposed sureties will attend for the purpose of executing the bail papers and of being cross-examined as to their means, if required. Dated this day of 19 . To Registrar. and his {^or their] Solicitor. Order XXXIX., Rules 37, 39. 377. [322.] Bail Bond. Admiralty Jurisdiction. holden at [Title of Action.} has been instituted in this Court , against [and against intervening]. Now, therefore, we \_state names, addresses, and description of sureties} jointly and severally submit ourselves to the jurisdiction of the said Court, and consent that if he \_or they] the said shall not pay what may be adjudged against him [or them] in the said action with costs, execution may issue forth against us, our heirs, executors, and administrators, our goods and chattels, for a sum not exceeding [state sum in letters} pounds. In the County Court of Whereas an action for on behalf of A.B., of This bail bond was signed by the said the sureties, the day of [Signatures of Sureties.} , and 19 . Before me. Registrar [or Clerk to the Registrar nominated to take affidavits]. 529 378. [322a., Feb., 1892.] Affidavit of Justification. [^Not to he printed.'] Admiralty Jurisdiction. Order XXXIX., In the County Court of holden at . Rules 37, 39. [Title of Action.'] I, of {add description) , one of the proposed sureties for make oath and say that I am worth more than the sum of pounds after the payment of all my debts Sworn at in the county of , this day of 19 Before me A Commissioner for Oaths. 379. [322b., Feb., 1892]. Notice of Bail taken before Commissioner. [^Not to be printed.] Admiralty Jurisdiction. In the County Court of holden at Order [Title of Action.] jt^lg ^l'' -Take notice, -that bail has been given in the sum of £ on behalf of the above-named to answer judgment in this action by > and that such bail has been taken before , a Commissioner to administer oaths in the Supreme Court of Judicature. Dated this day of 19 Yours, &c., Solicitor for the To and his [or their] Solicitor. 8775 2 L 530 Order XXXIX., Rule il. 380. [322c.. Feb., 1892.] Affidavit of Service 6f Notice of Bail taken before Commissioner. [Not to he printed.'] Admiralty Jurisdiction. In the County Court of holden at \_Title of Action.'] I, of , in the of . clerk to of the same place, solicitor for the make oath and say as follows : That I did on tte day of at of the clock in the noon, serve on the solicitor for the a notice of bail in the words and figures following, viz. : in this action, 19 (Gopy notice of hail, omitting heading.) Sworn at in the county of this day of 19 Before me A Commissioner for Oaths. - Order XXXIX., Rule 42. 381. [New.] Notice requiring Sureties to attend for Cross-Examination. \_Not to he printed.] [Title of Action.] Take notice that I require the sureties in this action to attend before you for the purpose of be'ing cross-examined as to their means, and I request that a time may be fixed for such cross-examination. Dated this day of 19 To the Registrar of the Court and to and his [or their] Solicitor. 531 382. [New.] Notice of Time appointed for Cross-examination. {^Title of Action.'] Take notice, that I have appointed the day of at the hour of in the noon, for the ^XXIX. cross-examination of the sureties in this action, when the said sureties are to Rule 43. attend at for the purpose of such cross-examination. Dated this day of 19 To the Registrar, and his [or their] Solicitor and to the and his \_or their] Solicitor. 383. [New.] PR:a!ciPB for Appraisement. \_Not to he printed.'] [Title of Action.] Take notice, that the Plaintiff hereby requires to have the value of the vessel Order XXXIX [or property] the subject of this action ascertained by appraisement. g^lg 47/' Dated this day of 19 To the Registrar of the Court. 384. [323.] Order of Release. Admiralty Jurisdiction. In the County Court of holden at [TitU of Action.] You are hereby authorised and directed to release the now under o^^gj. arrest of this Court by virtue of its warrant, upon the payment of all costs, XXXIX., charges, and expenses attending the custody thereof. -^"^^ *'• Given under the seal of the Court this of 19. By the Court Registrar. To the High Bailiff of the said Court, and others the Bailiffs thereof. 8775 2 L 2 532 385. [326.] Order of Transfer to High Court. Admiralty Jurisdiction. In the County Court of holden at [Title of Action.] XXXIX Whereas it appears that the subject matter of this action exceeds the limit in Rule 50.' respect of amount of the Admiralty jurisdiction of this Court [or state otherwise as the case may be] : It is ordered that this action be transferred to the Probate, Divorce, and Admiralty Division of the High Court of Justice, together with the proceed- ings that have been had therein in this Court. Given under the seal of the Court this day of 19 By the Court, Registrar. 386. [327.] Order of Transfer to County Court or High Court. Admiralty Jurisdiction. In the County Court of holden at [Title of Action.] Whereas it hath been made to appear that this action could be more con- ^^^' veniently prosecuted in the County Court of holden Rule 50.' at , appointed to have Admiralty jurisdiction [or in the High Court of Justice] : It is ordered that this action be transferred to the said Court, together with the proceedings that have been had therein in this Court. Given under the seal of the Court this day of , 19 . By the Court, Registrar. 387. [333a., May, 1899.] Precipe for Paying in Money on Tender. [Not to be printed.] Admiralty Jurisdiction. In the County Court of holden at [Title of Action.] Order Take notice, that I, CD., of [address and description], [or I, Rule 74,"' L.M., solicitor for CjD.. ot [address and description], do pay the sum of [state sum in letters] into Court in this action [when paid by 533 solicitor, add at the request and by the authority of the said G.D. ], I {or he] having agreed to tender and pay the same in settlement of the whole claim of the Plaintiff [or in settlement of so much of the claim of the Plaintiff as relates to \_state the part of the claim in respect of which payment is made] :] [And further take notice, that I do pay the further sum of \_state sum in letters'] into Court in respect of the costs incurred by the Plaintiff :] [And further take notice, that notwithstanding such payment I \or the said G.D., ] deny [or denies] my [or his] liability :] And further take notice, that I [or the said CD., ] intend [or intends] to rely on the following ground of defence to this action, viz : — That before action brought I [or the said G.D., ], tendered the said sum of [state sum in letters] to the Plaintiff. Dated the day of 19 . To the Registrar of the Court, and to the Plaintiff and his Solicitor. 388. [333b., May, 1899.] Notice of Payment into Court on Tender. In the County Court of holden at [Title of Action.] Take notice, that G.D., , of [address and description] has this ^xxix day paid into Court the sum of £ in settlement of your whole Rule 75.'* claim in this action [or in settlement of so much of your claim .in this action, as relates to ] [and the further sum of £ in respect of the costs incurred by you] in accordance with a praecipe, a copy of which accompanies this notice. Tou are hereby required, within forty-eight hours of the receipt of this notice by you, to file a notice stating whether you accept or reject the tender so made by the said G.D. If you fail to do so, you will be deemed to have rejected it. Dated this day of 19 Registrar. To the Plaintiff and to his Solicitor. 534 Order XXXIX., Rule 76. 389. [333c., May, 1899.] Notice of accept anob or rejection of Sum Paid into OorjR-n ON Tender. [_Not to be printed.'] In the County Court of holden at [Title of Action.] Take notice, that the PlaintiflE accepts [or rejects] the sum of £ paid by CD., of into Court in satisfaction of the claim in respect of wMch it is paid in. Dated this day of 19 To the Kegistrar of the Court and ^ To CD. [address and description], and • his Solicitor. Order XXXIX., Rule 93. 390. [322D., Feb., 1892.] Admission of Liability. [Not to he printed.] Admiralty Jurisdiction. In the County Court of holden at [Title of Action.] We, the undersigned, solicitors for the Defendants, hereby admit the liability of the Defendants for the collision in question in this action, and consent to a reference to ascertain the amount of damages and interest due to the Plaintiff. Dated this day of 19 Yours, &c. Defendant's Solicitors. To Mr. PlaintifE's Solicitor, 535 In the County Court of 391. [322e., ;Feb., 1892.] Consent to Order. l^Not to be printed.'] Admiralty Jurisdiction. holden at , ITitle of Action.] We, the undersigned, solicitors for the Plaintifif and Defendant respectively, hereby consent to an order for Dated this day of 19 Plaintiff's Solicitor. Defendant's Solicitor. Order XXXIX., Rule 105. 392. [New.] List of Assessors. Admiralty Jurisdiction. The County Court of ^ holden at The following list has been framed by the Registrar of persons of nautical skill and experience residing or having places of business within the district of this Court for Admiralty purposes, to act as assessors in the Court under the County Courts Admiralty Jurisdiction Acts, 1868 and 1869, viz. : — No. Name. Address. Description. • • • « ' \ I hereby lay the above list before the President of the Admiralty Division of the High Court of Justice for his approval. Judge. Approved this day of President of the Admiralty Division, High Court of Justice. 536 393. [335.] Summons to Assessor. Admiralty Jurisdiction. In the County Court of holden at ITitle of Action.'] Order You are hereby summoned to appear and serve as an assessor iji this Court iuifgu' at on the day of 19 , at the hour of in the noon, to assist the Judge of this Cotirt in the hearing and determining of this action [o»- to assist the Registrar in the assessment of damages], and in default of attendance you will be liable to a penalty not exceeding five pounds under' section 15 of the County Courts Admiralty Jurisdiction Act, 1 868. Dated this day of 19 To Registrar, of 394. [336.] Order Fining Assessor for Non-Attendance. Admiralty Jurisdiction. In the County Court of holden at ITitle of Action.'] Whereas was duly summoned to appear and serve as an assessor in this Court at on the * day of 19 And wheyeas he has neglected, without sufficient cause shown, to appear and serve as required ; It is hereby ordered that he shall forthwith [or on the day of 19 ] pay to the Registrar of this Court a fine of £ for such neglect. Given under the seal (jl: the Court this day of 19 By the Court, Registrar. 537 395. [328]. Final Judgment in Action in Personam. Admiralty Jurisdiction. In the County Court of holden at [Title of Action.] It is this day adjudged that the Plaintiff A.B. of do recover against the Defendant [or Defendants] CD. of the sum of pounds [in an action for salvage, for services rendered to [state description and name of vessel'] ; or in an action for towage, for services rendered in towing the [state description 'and name of vessel] ; or in an action for necessaries, for necessaries supplied to the [state description and name of vessel] ; or in an action for wages, for wages in respect of services rendered on board the [state description and name of vessel] ; or in an action for damage to cargo, for damage caused to the cargo carried in the [state description and name of vessel] ; or in an action for damage by collision, for damage caused to the [state description and name of vessel] by the Defendant's vessel the [state description and name of vessel which caused the damage], together with the costs of this action, to be taxed by the Registrar. And it is ordered that the Defendant [or Defendants] do pay the said sum and costs to the Registrar of this Court forthwith [or within days] after the certificate of the result of such taxation [or do pay the said sum of £ to the Registrar of this Court forthwith [or on or before the day of 19 ] and do pay the amount of the said costs when taxed forthwith [or within days] after the certificate of the result of such taxation]. Given under the seal of this Court this of 19 By the Court, Registrar. 396. [329.] Final Judgment in Action in Rem. Admiralty Jurisdiction. In the County Court of holden at [TitU of Action.] It is this day adjudged that the PlaintifE A.B. of do recover the sum of pounds [in an action for salvage, for services rendered to [state description and name of vessel^ ; or in an action for towage, for services rendered in towing the [sLaLb description and name of vessel] ; or in an action for necessaries, for 538 necessaries supplied to the \_state description and name of vessel] ; or in an action, for wages, for wages in respect of services rendered on board the Istate description and name of vessel] ; or in an action for damage to cargo, for damage caused to the cargo carried in the \_state description and name of vessel] ; or in an action for damage by collision, for damage caused to the Estate descrip- tion and name of vessel] by the Defendant's vessel {state description and name ' of vessel which caused the damage], together with the costs of this action, to be taxed by the Registrar. And it is ordered that [insert such directions as may he given hy the Judge], Given under the seal of this Court this day of 19 By the Court, Registrar. 397. [New.] Interlocutory Judgment in Action for Damages. Order XXXIX Rules 36 (2) 96. In the County Court of Admiralty Jurisdiction. holden at {Title of Action.] It is this day adjudged that the Plaintiff A.B. is entitled to recover \if the judgment is in personam against, the Defendant G.D. ] damages for damage caused to the cargo carried in the {state description and name of vessel] {or for damage caused to the {state description and name of vessel] by the Defendant's vessel the {state description and name of vessel which caused the damage], together with the costs of this action, to be taxed by the Registrar. And it is ordered that it be referred to the Registrar [and an assessor {or two assessors]] to assess the said damages under the rules provided for the assessment of damages. Given under the seal of the Court this of 19 By the Court, day Registrar. 539 398. [New.] Notice of Time and Place for Proceeding on Reference. Admiralty Jurisdiction. In the County Court of holden at . O^^Sl™ A A X I X. I Rule 98. ITitle of Action.] Let all parties concerned attend me at on the day of 19 . , at o'clock in the noon, to proceed with the reference directed by the judgment [or order] in this action dated the day of 19 . Dated this day of 19 Registrar. To 399. [322F., Feb., 1892.] Registrar's Report. Admiralty Jurisdiction. Order XXXIX., 1 Rule 101. In the County Court of holden at ITitle of Action.] Whereas by the judgment {_or order] in this action, dated the day of 19 , (or by consent of the parties upon an admission of liability, or as tJie case may be), the damages recoverable by the Plaintiff (or by the Defendant on his counterclaim) have been referred to me [and (if so) to two assessors] to report the amount thereof. Now I hereby report that I have, [with the assistance of Messrs. and the assessors appointed], carefully exainmed the claim and vouchers filed in this action, and having heard evidence on affidavit and viva voce (or as the case may be) on behalf of the Plaintiff and Defendant, I find that the Defendant is indebted to the Plaintiff (or vice versa) in the sum of £ , as shown by the schedule hereto annexed, which sets forth in separate columns the several amounts claimed and the amounts which I [in conjunction with the said assessors] consider justly due to him in respect to each item. I am of opinion that interest at the rate of H. per cent, per annum from the ' day of 19 , should be allowed on the said sum of £ until the date of payment. 540 I am further pf opinion that the costs of the reference should be paid by the Defendant or [PlaintifiE] . {If for any special reasons, add reasons.) Dated this day of 19 . Registrar. Schedule to Report. AllnwD/l 1. Shipwright's biU 2. Noting protest 3. Extending protest • 4. Survey fees 6. Examination before receiver of wreck 6. Demurrage or damages for detention of the ship of tons register, from the ^ day of 19 , to the day of 19 , days at S, per diem ... (Jidd any other items.') & «. d. £ S. d. Together with interest. Registrar. Order XXXIX., Rule 101, 400. [New.] Notice of Report. Admiralty Jurisdiction. In the County Court of holden at {Title of Actim.'] Take notice, that my report on the reference ordered by the judgment [or order] in this action dated the day of lies in my office, and can be inspected by the parties on : and that unless within seven days from the service of this notice on him either party shall lodge an objection to the report the same will become final and binding on all parties, and judgment may be entered accordingly. Dated this day of 19 . Registrar. To 541 401. [New.] Notice of Objection to Report. \_Not to he printed.'] [Title of Action.] Take notice, that I intend at the next sitting of the Court to be held after Order the expiration of twenty-one days from this date to object to the report of J^j^^^o the Registrar on the reference ordered by the judgment \or order] in this action, dated the day of , 19 , as regards the following items \^re state particulars of objection] : And I request the Registrar to file within seven days from the filing of this notice a statement of the reasons of his decision as regards the items hereinbefore specified. Dated this day of 19 To the Registrar of the Court, and to [the opposite party]. 402. [330a., May, 1899.] Rules 61, 66, Precipe for Warrant op Execution in Action in Personam, or AGAINST the PARTIES GIVING BAIL AND THEIR SURETIES IN ACTION IN Rem. Admiralty Jurisdiction. In the County Court of holden at [Title of Action.] Issue a warrant of execution against the goods of the Defendant, CD., Order of [address and descrip'tion], who was ordered by this Court on XXXIX. tlie day of , to pay to the Plaintiff the sum of £ [here insert for tvhat the sum was ordered to he paid], and who has not paid the said sum as so ordered. [or Issue a warrant of execution against the goods of [state names, addresses, and descriptions of parties to hail bond], who on the day of ) jointly and severally submitted themselves to the jurisdiction of this Court, and consented that if should not pay what might be adjudged against him [or them] in this action with costs, execution might issue forth against them the said their heirs, executors, and administrators, their goods and chattels, for a sum not exceeding [state sum in letters] pounds, the said having been ordered by the Court on the day o| to 542 pay to the Plaintiff the sum of pounds [here insert for what the sum was ordered to he paid"], and not having paid the said sum as so ordered]. Bated this day of 19 403. [33lA., May, 1899.] Warrant op Execution against Goods of Defendant in Action IN Personam, or against Goods of Parties giving Bail and THEIR Sureties in Action in Rem. Admiralty Jurisdiction. In the County Court of holden at l^Title of Action.] Order Whereas on the day of 19 , the PlaintifE rS^^' 55 ol't^'i^^d a judgment in this Court against the Defendant CD. for the sum of £ for and costs to be taxed, and it was thereupon ordered by the Court that the Defendant CD. should pay the said sum and costs to the Registrar of the Court forthwith [or within days] after the certificate of the result of such taxation : And whereas the said costs were duly taxed, and were by the certificate of the Registrar, dated the day of , allowed at the sum of £ : And whereas default has been made in payment according to the said order : [or. Whereas on the day of , 19 . \_state names, addresses, and descriptions of parties to hail bond] jointly and severally submitted themselves to the jurisdiction of this Court, and consented that if should not pay what might be adjudged against him [or them] in this action with costs, execution might issue forth against them the said their heirs, executors and administrators, their goods and chattels, for a sum not exceeding [state sum in letters] pounds : And whereas on the day of , 19 , the PlaintifE obtained a judgment in this Court in this action against the said for the sum of £ for and costs to be taxed, and it was thereupon ordered by the Court that the said should pay the said sum and costs to the Registrar of the Court forthwith [or within days] after the certificate of the result of such taxation : And whereas the said costs were duly taxed, and were by the certificate of the Registrar, dated the day of , allowed at the sum of £ ; And whereas default has been made in payment according to the said order :] These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendant CD. [or of the said [parties to hail bond] wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him [or them] or his family [or their families], and the tools and implements of his 543 [or their] trade, if any, to the value, as regards each such party, of five pounds), the sum stated at the foot of this warrant, being the amount due to the PlaintifiE under the said order [or, if the amount remaining due exceeds the sum specified in the bail bond, being the sum for which in default of payment of the amount adjudged against the said the said (parties to bail bond) consented that execution might issue forth against them], together with the costs of this execution ; and also to seize and take any money or bank notes (whether the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the Defendant C.D. \_or of the said [parties to bail bond)^ which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court this day of 19 By the Court, Registrar. To the High Bailiff of the said Crturt, and others the bailiffs thereof. Amonnt for which judgfment was obtained Costs Total Amount paid Axaonnt remaining due [^ this amovmt exceeds the sum speoified in the iaU bond, add Amount for which bail bond given Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon]. Notice. — The goods and chattels are not to be sold until after the expiration of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the Defendant \_or parties to bail bond']. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back. For indorsement of fees for execution of warrant, see I arm 163. Note. — If the amount due under the judgment or order does not exceed the sum specified in the bail bond, execution may issue for that am,ount ; 'if it exceeds that sum, it must issue only for the sum specified in the bail bond. 544 404. [33lB., May, 1899,] PR-ffiCIPE FOR ISSUE OP NOTICE OF JUDGMENT OR ORDER IN REM, FOR SERVICE ON PERSONS APPEARING BY THE SHIP'S REGISTER TO HAVE AN INTEREST IN THE VESSEL, BUT WHO ARE NOT BEFORE THE COURT. INot to be printed.'] Admiralty Jurisdiction. Order In the County Court of holden at XXXIX., •' Rile 57. [Title of Action.] 1, A.B.. of \_address and description] the above-named, Plaintiff [or I, L.M., solicitor for (state name, address, and description of Plaintiff)] have annexed hereunto a certified copy of the register of the vessel (describing such vessel) to which this action relates. I request that a notice of the judgment \or order] obtained in this action on the day of , may be issued for service on \_state names, addresses, and descriptions] whose names appear on the register as having an interest in the said (vessel), but who are not before the Court, stating thereon that if they do not within seven clear days from the day of service of such notice deliver a praecipe to the Registrar applying for a re-hearing of this action, the vessel to which this action relates will be taken and sold in execution. Dated this day of 19 . 405. [331c., May, 1899.] Notice of Judgment or Order in Rem to persons appearing by tbb Ship's Register to have an interest in the vessel, but who are not before the court. Admiralty Jurisdiction. Order In the County Court of holden at Rule 67.'' iTitle of Action.] To \_state names, addresses, and description of j}ersons whose names appear on the ship's register as having an interest in the vessel, but who are not before the Court.] Take notice, that on the day of ' the above-named action for (state the nature of the action), was commenced in this Court on behalf of A.B., of against the (state the vessel against which the action was commenced, as in the summons) : And that on the day of it was adjudged (state the judgment) : 545 And that the Plaintiff has filed a praecipe in this Court, and has annexed thereto a certified copy of the register of the said (vessel) on which the names of you, the above-named , appear as having an interest in the said vessel. And further take notice, that if you do not within seven clear days from the day of the service of this notice upon you deliver to me at my office situate at a praecipe applying for a re-hearing of this action, the vessel to which this action relates "will be taken and sold in execution. Dated this day of 19 . By the Court, Registrar. 406. [331D., May, 1899.] PR>5!CIPB for issue OP NOTICE OP JUDGMENT OR ORDER IN REM FOR SERVICE ON Owners op and Persons interested in vessel or PROPERTY, WHEN ASCERTAINED. INoi to be printed.'] Admiralty Jurisdiction. Order X X X I X ,^ In the County Court of holden at ^"^® ■''^■ ^Title of Action.] I> A.B., of (address and description), the above-named Plaintiff [or I, L.M., solicitor for (state name, address, and description of Plaintiff)], have ascertained that the names, addresses, and descriptions of the owners of the vessel [or property (describing siwh vessel or property)] to which this action relates, are as follows : — [If the vessel is a British-oivned vessel, add, A certified copy of the register of the said vessel is hereunto annexed.] I request that a notice of the judgment \_or order] obtained in this action °^ *^® day of , may be issued for service on the said (owners), . [// the vessel is a British-owned vessel, add, and upon the other persons whose names appear on the register as having an interest in the said (vessel)], stating thereon that if they do not within seven clear days from the day of service of such notice deliver a praecipe to the Registrar applying for a re-hearing of this action, the vessel [or property] to which this action relates will be taken and sold in execution. Dated this day of 19 8775 ^M 546 407. [33lB., May, 1899.] NOTIOB OF JUDSMBNT OR ORDEE IN REM TO OWNERS OF AND PERSONS INTERESTED IN VESSEL OR PROPERTY, WHEN ASCERTAINED, Admiralty Jurisdiction. Order In the Countv Oourt of holden at XXXI X, ^"*''^''- [Title of Action.] To {state names, addresses, and descriptions of persons stated in the jrravipi' to be oivncrs of the rrssrl or property') [and, if the vessel is a Britiah-oivned I'l'stii'/, state also names, addresses, and descriptions of persons ■whose names appear on the register as having an interest in the vessel]. Take notice, that on the day of the above- named action for (state the nature of the action) was commenced in this Court on behalf of A.B. , of , against the {state the vessel or property against wliioli the action ivas commenced, as in the summons) : And that on day of , it was adjudged {state the hidgment) : And that the Plaintiff has filed a prascipe in this Court stating that you, the above-named {oivners) are the owners of the vessel [or property] to which this action relates. [If lhi< resscl is a British-owned, add and has annexed thereto a certified copy of the register of the said {vessel) on which the names of you, the above-named appear as having an interest in the said vessel.] And further take notice, that if you do not within seven clear days from the (lay of the service of this notice upon you deliver to me at my office situate at a praecipe applying for a re-hearing of this action, the vessel [or property] to which this action relates will be taken and sold in execution. Dated this day of li) By the Court, Registrar. 547 408. [33lP., May, 1899.] Order directing notice op Judgment or Order in Rem to be given to owners of and persons claiming to have an interest in vessel or property, where owners cannot be ascertained. Admiralty Jurisdiction, holden a< ITitle of Action.] Rule 61.' In the County Court of holden at - ^^S^,-^ Upon the application of and upon reading an affidavit of of sworn the day of It is ordered that notice of the judgment lor order] obtained in this action on the day of he given to the owners of and all persons claiming to have an interest in the vessel [or property] to which this action relates, by the publication of such notice in (or as the Court may direct) together with a notice informing such persons that if they do not within [not less than ten] clear days from the date of the publication of such notice deliver a praecipe to the Registrar applying for a re-hearing of this action, the vessel [or property] to which this action relates will be taken and sold in execution. Dated this day of 19 By the Court, Registrar. 409. [3316., May, 1899.]. Notice op Judgment or Order in Rem to owners op and Persons claiming to have an interest in vessel or property, where owners CANNOT BE ASCERTAINED. Admiralty Jurisdiction. Order XXXIX •In the County Court of holden at . J^^Jg gj "' [Title of Action.] To the owners of and all persons claiming to have an interest in the vessel [or property] to which the above-mentioned action relates. Pursuant to an order made by the Court in the above-mentioned action on the day of 8776 3 M 2 548 Notice is hereby given — That on the day of the above-named action for (state the nature of the action) was commenced in this Court on behalf of A.B. of , against the (state the vessel or property against which the action was commenced, as in the summons) : And that on the day of it was adjudged (state the judgment) : And pursuant to the said order of the day of Notice is hereby further given — That unless the owners of and persons claiming to have an interest in the said vessel [^or property] shall within [not less than ten] clear days from the date of the publication of this notice deliver to me at my ofBce situate at a prascipe applying for a re-hearing of this action, the vessel \_or property] to which this action relates will be taken and sold in execution. Dated this day of 19 By the Court, Registrar. 410. [33lH., May, 1899.] Precipe applying for Rb-hearing. [^Not to he printed.'] Admiralty Jurisdiction. Order In the County Court of holden at XXXIX. Rule 62.' [ Title of Action.] Enter an appearance for E.F. [^address and description] who claims to be the owner of [_or to have an interest in] the vessel \_or property] to which this action relates, and applies for a re-hearing of this action pursuant to the notice in this action dated the day of All instruments aud documents in the action may be left for the said E.F. at (state address). Dated this day of 19 549 411. [3311., May, 1899.] Precipe for Warrant op Execution against Vessel or Property IN AoTiON m Rem. {^Not to be printed.'] Admifalty Jurisdiction. In the County Court of holden at . Order [Title of Action.] I^^le 64. Issue a warrant of execution against (state description and name of vessel or other property to which the action relates), the Judge [or Registrar] having ordered the same to be taken and sold in execution. Dated this day of 19 412. [331k., May, 1899.] Warrant op Execution against Vessel or Property in Action IN Rem. Admiralty Jurisdiction. In the County Court of holden at . Order XXXIX., [Title of Action.] Rule 64. Whereas on the day of , 19 , it was adjudged that the plaintiff in this action should recover the sum of £ for (follow the terms of the judgment, as in Form 396) together with the costs of this action, which have been taxed and allowed at the sum of £ , and it was ordered that (insert directions given by the Jvdge, as in Form 396) : And whereas default has been made in payment according to the said order, and the Court has ordered the vessel [or property] to which this action relates to be taken and sold in execution, and has allowed to the plaintiff the costs of obtainiog such order and suing out execution, which have been taxed and allowed at the sum of £ : These are therefore to require you forthwith to seize and take in execution the (state description and name of vessel or other property to which the action relates) wheresoever the same may be found within the district of this Court, and to reduce into writing an inventory of the said ; And having chosen one or more experienced person or persons to cause him or them to appraise the same according to the true value thereof, and, upon a certificate of such value having been reduced into writing, to cause the said to be sold by public. auction for the highest price, not under the appraised value, that can be obtained for the same. And you are further .required, immediately upon the sale being completed, to pay the proceeds arising therefrom into Court, and to return this warrant with an account of the sale and of your fees thereon, and of the costs of the 550 Order XXXIX., Rules 71, 72. appraisement, signed by you, together with the certificate of appraisement signed by the appraiser. Given under the seal of the Court this day of 19 By the Court, Registrar. To the High Bailiff of the said Court, and others the bailiffs thereof. Amount for wWch judgment was obtained £ s. d. Costs taxed at Subsequent costs, allowed and taxed at Poundage for issuing this warrant Total amount to be levied [with, fees for execution of warrant, as indorsed thereon.] Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . See Back. [Indorse on warrant the fees allowed for execution of a warrant of execution against vessel or property in action in rem.} 413. [332.] Order for Transfer of Sale to High Court. In the County Court^of \_Not to be printed."] Admiralty Jurisdiction. holden at [Title of Action.] Wbiereas in an action commenced in this Court on behalf of A.B., of against [state name of Defendant] the Judge of this Court has ordered [here insert the terms of the order] : And whereas the Plaintiff [or Defendant] in the said action is desirous that the sale of the vessel should be conducted in the Probate, Divorce, and Admiralty Division of the High Court of Justice, and has given security for the sum of ten pounds : Now I, A.B., the Plaintiff [or CD., the Defendant, or L.M., solicitor for the Plaintiff [or Defendant] ], pray that an order to transfer the proceedings for sale to the said Division of the High Court of Justice do issue. Dated this day of 19 . I hereby certify that the security above-mentioned has been duly completed. Registrar. 1 hereby order the transfer to be made as praj'ed. Judge. 551 414. [337.] Admiralty Actions Book. [^Pro Forma.'] Date, Day. Month. Tear. i in Feb. 19 . Action for damage by collision, instituted on behalt of A.B., of against tbe schooner named " The Kate," lying at within the district of the Court, in the sum of 200Z. Solicitor for the Plaintiff, Mr. L.M., of 10 Feb. 19 . Application made for arrest ; affidavit filed ; warrant issued, the evidence being satisfactory. . u Feb. 19 . Application for .Judge's permission for action to be heard at 13 Feb. 19 . Permission granted. 15 Feb. 19 . Appearance entered by B.S., of Solicitor for Defendant, CD., of 18 Mar. 19 . The action having been heard the Court adjudged that {here set foHh the judgment}. If any fm-ther proceedmgs had, they should ie entered in the same mammr. 415. [311b., Nov., 1900.] Application for Order Directing Statement of Case. The Agricultural Holdings (England) Acts, 1883 to 1900. {Not to he printed.] In the County Court of holden at {Reference Number .] In the matter of the Agricultural Holdings (England) Acts, 1883 to 1900, A.B., of &c., G,D., of &c., and in the matter of an Arbitration between and Tenant, Landlord. Order XL., Rule 2. Take notice, that application will be made to the Judge at on the day of 19 , at the hour of o'clock in the noon, on behalf of the above named , for an order directing Mr. , the arbitrator appointed in the above-mentioned arbitration, to state in the form of a special case for the opinion 552 of the Court the following question of law arising in the course of the arbitration, viz., Instate the question of law.} And further take notice, that an afiBdavit of filed herewith [in the notice served on any party substitute, for these words a copy whereof is served herewith] will be read in support of the application. Dated this day of 19 (Signed) Applicant. [or Applicant's Solicitor.] To the Registrar of the Court and to [the other parties to the arbitration and the arbitrator, naming them.] 416. [311c., Nov., 1900.] Order XL., NOTICE OP DAT ON WHICH CASE WILL BE HEARD. Rule 3 C3). The Agricultural Holdings (England) Acts, 1883 to 1900. [Not to be printed.] In the County Court of holden at [Heading as in Special Case.] Take notice, that the Judge of this Court will hear the special case stated by Mr. the arbitrator appointed in the above- mentioned matter, at a court to be holden at on the day of 19 , at the hour of in the noon ; and that if you do not attend in person or by your solicitor at the time and place above-mentioned, such order will be made and proceedings taken as the Judge may think just. You may obtain a copy of the case upon application at my office, and upon prepayment of the costs of such copy. Dated this day of 19 Registrar, To [the parties to the arbitration.] 553 417. [311D., Nov., 1900.] Order on Hearing of Case. OrJer X.L., Rule a (51. The Agricultural Holdings (England) Acts, 1883 to 1900. {_Not to be printed.'] ^Heading as in Special Case.] The special case stated by Mr. , the arbitrator appointed in the above-mentioned matter [*/ stated pursuant to an order of the Judge, add in pursuance of an order of the Judge made in the above- mentioned matter on the , day of 19 ] coming on for hearing this day : Now, upon reading tbe said case, and upon hearing the above-mentioned A.B. [or Mr. , solicitor [or of counsel] for the above-named A.B. ] and the above-named CD. [or Mr. , solicitor [or of counsel] for the above- named G.D. ] [or if either party does not appear, no one appearing for the above-named A.B. [or G.D. ], and upon debate of the matter, the Judge of this Court doth declare his opinion on the question of law stated for the opinion of the Court as follows : — [State opinion.] And it is ordered that a copy of this order be sent by the registrar to the said Mr. , for him to proceed in accordance with the opinion so declared as aforesaid. [Add directions as to costs, if any.] Dated this day of 19 To [tlie parties to the arbitration and the arbitrator.] Registrar. 418. [31lB., Nov., 1900.] Application for Removal of Arbitrator or to set aside Award, order xl., The Agricultural Holdings (England) Acts, 1883 to 1900. ^"^^^ ^ ^^"^ [Not to be printed.] In the County Court of holden at No. of Plaint. In the matter of the Agricultural Holdings (England) Acts, 1883 to 1900. and In the matter of an Arbitraflon between A.B., of &c., Tenant, and G.D., of &c., Landlord. 554 Application is hereby made on behalf of the above-named (1) for the removal of Mr. ' , the arbitrator appointed in the above-mentioned arbitration, on the ground of his misconduct. Particulars are hereto appended [or annexed]. [or (2) to set aside the award made by Mr. , the arbitrator appointed in the above-mentioned arbitration, on the day of , or. the ground of the misconduct of the said Mr. [or on the ground that the said arbitration [or award] was improperly procured].] Particulars are hereto appended [or annexed]. An affidavit of in support of the application is filed herewith. Application is hereby made to the Court to fix a day for the hearing of the said application. The names and addresses of the applicant and his solicitor are : — Of the applicant Of his solicitor The names and addresses of the respondents to be served with this application are Dated this day of 19 (Signed) Applicant. [or Applicant's Solicitor]. 419. [31lF., Nov., 1900.] Order XL. NOTICE TO APPLICANT OP DAT ON WHICH APPLICATION WILL BE HEARD. ^""^^ * *^^^- The Agricultural Holdings (England) Acts, 1883 to 1900. [Not to be printed.^ [Heading as in Application.] Take notice, that the Judge of this Court will hear the application in this matter at [state place of hearing] on the day of 19 , at the hour of in the noon. Dated this day of 19 Registrar. To of 565^ 420. [311G., Nov., 1900.] Notice to Respondents of Day on whioh Application will be heard, g^jg''^ ^jj' The Agricultural Holdings (England) Acts, 1883 to 1900. {_Not to be printed.'] [^Heading as in Application.] Take notice, that the Judge of this Court will hear the application a sealed copy of which, with the particulars thereunto appended [or annexed], and a sealed copy of an affidavit filed in support thereof, is served here w ith at [state place of hearing] on the day of 19 , at the hour of in the noon ; and that if you do not attend either in person or by your solicitor at the time and place above-mentioned, such order will be made and proceedings taken as the Judge may think just and expedient. Dated this day of 19 Registrar. To of [naming all the respondents.] 421. [312b., Nov., 1900.] Application for Order for Recovery of Money awarded to Order xl., BE Paid. Rule 7 (i). [Not to be printed.] The Agricultural Holdings (England) Acts, 1883 to 1900. The Allotments and Cottage Gardens Compensation for Crops Act, 1887. In the County Court of holden at . [Beference Number .] In the matter of the Agricultural Holdings (England) Acts, 1883 to 1900 [or in the matter of the Allotments and Cottage Gardens Compensation for Crops Act, 1887] and In the matter of an Arbitration between A.B., of, &c., Tenant, and CD., of, &c., Landlord. Take notice, that application will^be^made to the Judge at on the day of 19 , at the hour of in the noon, on behalf of the above-named 556 A.B. for an order that the sum of £ , being the total amount \^or the balance of the total amount] of (1) a sum of £ which by an award made in the above-mentioned matter on the day of ) 19 > was awarded to be paid by the above-named CD. to the above-named A.B. , and of (2) a further sum of £ for costs which by the said award were awarded to be paid by the said CD. to the said A.B. , and which costs were subsequently agreed upon \_or allowed on taxation] at the sum of £ , and which said first-mentioned sum of £ remains unpaid, shall be recoverable as money ordered by the Court under its ordinary jurisdiction to be paid is recoverable ; And further take notice, that an affidavit of filed herewith [in the notice to he served on the opposite party, substitute for the words a copy whereof is served herewith] will be read in support of the application. Dated this day of 19 (Signed) To the Registrar of the Court, and to (naming the party against whom the application is made.) Applicant, [or" Applicant's Solicitor.] 422. [312c., Nov., 1900.] Order XL., ORDER FOR RECOVERY OF MONEY AWARDED TO BE PAID. Eule 7 (5). \_Not to be printed.^] The Agricultural Holdings (England) Acts, 1883 to 1900. The Allotments and Cottage Gardens Compensation for Crops Act, 1887. {Title as in Application.'] ■ Upon the application of , and upon reading an award made in the above-mentioned matter on the day of 19 , and an affidavit of sworn on the day of 19 , and filed on the day of 19 , and upon hearing [the opposite party] {or if the opposite party does not appear and no one appearing for [the opposite party] though proof has been made of his having been duly served with notice of this application] ; It is ordered by the Judge of this Court that the above-named A.B. do recover from the above-named CD. the sum of £ , being the total amount [or the balance of the total amount] of (1) a sum of £ which by the said award was awarded to be paid by the above-named CD. to the above-named A.B. , and of (2) a further sum of £ for costs which by the said award were awarded to be paid by the said CD. to the said A.B. , and which costs were subsequently agreed 657 upon [or allowed on taxation] at the sum of £ , and which said first-mentioned sum of £ remains unpaid, together with the sum of £ for the costs of this application ; and that in default of payment of the said ax&as of £ and £ by the said CD. to the said A.B. within days from the date of this order, the said sums or so much thereof as shall remain unpaid shall be recoverable as money ordered by this Court under its ordinary jurisdiction to be paid is recoverable. Dated this day of 19 . Registrar. 423. [352, April, 1895.] Application for Taxation of Charges of Returning Officer. INot to be printed.^ In the County Court of holden at In the matter of the Parliamentary Elections (Returning Officers) Act, 1875, [as applied by sub-section 19 of section 75 of the Local Government Act, 1888 (or as the case may &e)] ; and In the matter of an Election of a Member to serve in Parliament for the Division of the County of [o9" as the case may be']. Application is hereby made to the Court on behalf of [a person or the authority from whom payment is claimed'] to tax the account of , the Returning Officer at the above-mentioned election, of the charges claimed by him in respect of such election, and to fix a place and time for such taxation, the Applicant [or Applicants] hereby submitting to pay to the said {Returning Officer] what shall be found to be due to him on the taxation of his said account, Dated this day of 19 To the Registrar of the Court. Applicant or Clerk to the Applicants or Solicitor for the Applicants. Order XLIII., Rule 1. 424. [353, April, 1895.] Notice of Place and Time fixed for Taxation. \_Not to be printed.] [Heading as in Form 423.] Application having been made to the Court on behalf of Oraer XLIII. to tax the account of , the Returning Officer at the K'^le 2. above-mentioned election, of the charges claimed by him in respect of such election, and to fix a place and time for such taxation ; 558 Take notice, that the Court will proceed with such taxation at [place'] on the day of , at the hour of in the noon : And you the said lApplicanf], and you the said [Returning Officer'] are hereby respectively required to attend before the Court at the place and time above-mentioned, and to produce before the Court on oath all books, papers, and writings in your respective custody or power relating to the above- mentioned matter, and to be examined touching the said matter as the Court shall direct. And further take notice, that if you or either of you do not attend, either in person or by your solicitor, at the place and time above-mentioned, such order will be made and such proceedings taken as to the Court shall seem just. Dated this day of Registrar. To [the Applicant] and to [ Returning Officer.] 425. [354, April, 1895.] Order on Taxation. [Not to he printed, but to be used as a precedent.] [Heading as in Form 423.] Order XLIII., It is this day adjudged and determined, on the taxation of the account of the Rule 7. charges claimed by , the Returning Officer at the Result of above-mentioned election, in respect of such election, that the amount payable taxation. ^^ ^^^ g^^-^j jjj respect of such charges is the sum of £ : Amount And it is adjudged that the said do recover the said A '^ u'canY ™™ *** ^ C"^ the Sum of £ , being one part of the said sum of £ ] against [the Applicant] ; Costs payable And it is further adjudged that the said [Returning Officer] do recover by Applicant, against the said [Applicant] the sum of £ for his costs of such taxation : or costs [or that the said [Applicant] do recover against the said [Returning Officer] payable by ^;j^g gmn of £ for his costs of such taxation] : Returning °^^\ And it is ordered that the Court fees amounting to £ payable in respect of this application be paid by [state by whom and in what proportion] : Order for And it is ordered that the said [Returning Officer] be at liberty to retain the wbe?e"* ^"™ °^ ^ deposited with him by the said [Applicant] as Returning security for his charges in respect of the said election [or advanced to him Officer ^^^ Yij the said [Applicant] on account of his charges in respect of the said election] in part payment of the said sums of £ and 559 £ , making together the sum of £ » which the said [^Returning Officer'] is entitled to recover against the said \_Applicant'], and that the said [^Applicanf] do on or before the day of pay the sum of £ , being- the balance of the said sum of £ , to the Registrar of this Court for the use of the said [Returning Officer]. [_If no deposit made or no sum advanced, order payment hy Applicant of the whole sum recoverable for charges and costs; if deposit or advance more than sufficient for payment of charges and costs, order' payment of balance by Returning Officer to Registrar for use of Applicant.] [Or, And it is ordered that the said sum of £ for costs Order for to be recovered by the said [Applicant] against the said [Returning Officer] payment of be set off against the said sum of £ to be recovered by balance where the said [Returning Officer] against the said [Applicant], and that the said allowed costs [Returning Officer] be at liberty to retain the sum of £ , being the balance of the said sum of £ after allowing the said set-off, out of the sum of £ deposited with him by the said [Applicant] as security for his charges in respect of the said election, [or advanced to him by the said [Applicant] on account of his charges in respect of the said election], and that the said [Returning Officer] do on or before the day of pay the sum of £ , being the balance of the said deposit [or advance], to the Registrar of this Court for the use of the said [Applicant]. [If no deposit or advance made, or deposit or advance insufficient, order payment by Applicant to Registrar of sum or balance due to Returning Officer. If costs payable by Returning Officer exceed charges payable to him, order payment of balance and repayment of deposit or advance by Returning Officer to Registrar for use of Applicant.] Given under the seal of the Court this day of 19 By the Court, Registrar. To [the Applicant] and to [Returning Officer]. 426. [355, April, 1895.J Application for Examination of Claim transmitted to Returning Officer. [Not to be printed.] (Heading as in Form 423.) Application is hereby made to the Court on behalf of , the Returning Officer at the above-mentioned election, to examine a claim Rule 3. for transmitted to him by A.B., of , pursuant to section 5 of the Parliamentary Elections (Returning Officers) Act, 1875, Order XLIII., 560 [as applied by sub-section 19 of section 75 of the Local Government Act, 1888, (or as the case may be)], and to fix a place and time for such examination, the applicant hereby submitting to pay to the said A.B. what shall be found to be due to him on such examination. Dated this day of Returning Officer. To the Registrar of the Court. 427. [356, April, 1895.] ' Notice op Place and Time fixed for Examination op Claim. [Not to he printed.'] {Heading as in Form 423.) Order XLIII., Application having been made to the Court on behalf of , Eule 4. ^jj^g, Returning Officer at the above-mentioned election, to examine a claim for transmitted to him by A.B., , of , pursuant to section 5 of the Parliamentary Elections (Returning Officers) Act, 1875 [as applied by sub-section 19 of section 75 of the Local Government Act, 1888 {or as the case may 6e)], and to fix a place and time for such examination : Take notice, that the Court will proceed with such examination at {place] on the day of at the hour of in the noon : And you the said \_Returning Officer], and you the said A.B., are hereby respectively required to attend before the Court at the place and time above-mentioned, and to produce before the Court on oath all books, papers, and writings in your respective custody or power relating to the above- mentioned matter, and to be examined touching the said matter as the Court shall direct : And further take notice, that if you or either of you do not attend, either in person or by your solicitor, at the place anJ time above-mentioned, such order will be made and such proceedings taken as to the Court shall seem just. Dated this day of 19 Registrar. To [the Returning Officer] and to [the person transmitting the claim]. 561 428.; [357, April, 1895. J . . Order on Examination of Claim. \_Not to he printed, hut to he used as a precedent.'] ' • {Heading as in Form 423.) It is this day adjudged and determined, on the examination of a claim Order XLIII., for transmitted by A.B. , of , to , ®"^^ ^• the Returning Officer at the above-mentioned election, pursuant to section 5 of the Parliamentary Elections (Returning Officers) Act, 1875, [as applied by sub- section 19 of section 75 of the Local Qoverament Act, 1888 (or as the case may he)], that the said A.B. is entitled to recover the sum of against- the said [^Returning Officer'] in respect of the said claim : [oj" that the said A.B. is not entitled to recover anything against, the said \_Beturning Officer] in respect of the said claim]. ! {^Order as to fees, costs, set-off, and payment of balance due from either party to the Registrar for the use of the other party.'] Given under the seal of the Court this day of 19 Registrar, To [the Returning Officer] and to [the person transmitting the claim]. 429. [New.J Certificate under 49 & 50 Vict. c. 57. s. 1. Obder XLIII., [Not to he printed.] Rule 8. {Title as in Form 4:2Z.) I, Judge of the above-mentioned Court [or J, Registrar of the above-mentioned Court, having been deputed by the* Judge of the said Court to exercise the powers of the Court under the above-mentioned Act, do hereby, pursuant to section 1 of the Parliamentary Elections (Returning Officers) Act, 1875, Amendment Act, 1886, certify that I have, on the application of , taxed the account of , the Returning Officer at the above-mentioned election, of the charges claimed by him in respect of such election, and have allowed the same at the sum of £ [or that I have, on the application of , the Returning Officer at the above- mentioned election, examined the claim transmitted to him by for work [or labour, materials, services, or expenses] in respect of the contract made with the said by the said [Returning Officer] for the purpose of the said election, and have allowed such claim at the sum of £ ], and that the particulars of th^ itcffis apd amounts claimed, and of gr75 g i^ 562 the items and amounts allowed or disallowed, are set forth in the schedule hereunto annexed. Dated this day of 19 Judge [or- Registrar] SCHEDULE. No. of Item. FartioularB, Details of Items. AmountB Claimed. Amonnts Allowed. Amonnts Disallowed. 4S & le Tict. 0.31. Order XLV., Rules 3, 4. 430. [314.] Certificate to be given by a County Court. The Inferior Courts Judgments Extension Act, 1882. I, , certify that \here state name, business, or occupation, and address of person obtaining judgment, and whether Plaintiff or Defendanf] on the day of 19 , obtained judgment against [liere state name, business or occupation, and address of person against whom judgment was obtained, and whether Plaintiff or Defendant} in the County Court of holden at for payment of the sum of on account of [here state shortly the nature of the claim, with the amount of costs {if any) for which judgment was obtained} [add, where tlie order was far payment by instalments, and it was thereupon ordered by the said Court that the said Defendant [or PlaintifiE] should pay the same by instalments of for every days.] Dfttt'd this day of 19 Registrai', 563 Indorsement to be made on Certificate granted by a County Court. Ko. of Plaint, Amount for which judgment was obtained Paid into court Remaining due On judgment Fee and costs for obtaining certificate of the judgment (45 & 46 Vict. 0. 31. s. 4.). Total Note of Presentation to be appended to a Certificate Bought to be registered in a County Court. The above certificate is presented by me for registration in the County Court of holden at , in accordance with the provisions of the Inferior Courts Judgments Extension Act, 1882. Here insert place, &c., in u-Jiich the goods are. Signature of Solicitor or Creditor. Address. Date. In the 431. [315.] Warrant of Execution. The Inferior Courts Judgments Extension Act, 1882. County Court of holden at Between Order XLV., Rule 10. [Address and description*^ \_Address and description.*'] Whereas on the and . day of Plaintiff, *As given in certificate. Defendant, 19 , the PlaintifE 45 & 46 Vict, [or Defendant] obtained a judgment against the Defendant [or Plaintiff] ''•^^' in [here set forth the Court mentioned in the certificate'}, for payment of the sum of £ for debt and costs [or damages and costs or for costs] [add, where the certificate shows that judgment was to be paid by instalments, and it was thereupon ordered by the said Court that the Defendant [or Plaintiff] should pay the same by instalments of for every days] : And whereas the said judgment has been duly registered in this Court, pursuant to the Inferior Courts Judgmentp Exteppiop Act, 1882 : 8776 g N § 564 These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the Defendant [or Plaintiff], wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade^ if any,; to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the Plaintiff \_or Defendant] under the said judgment, together with the costs of this execution; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the Defendant [or Plaintiff] \^hich may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the Registrar of this Court, and to make return of what you have done under this warrant immediately upon the execution thereof. 61 & 52 Vict. e. 48. s. 146. Given under the seal of the Court this day of By the Court, 19 Registrar. To the High Bailiff of the said Court, and others the bailiffs thereof. Amount for which judgment was obtained Paid aa stated in certificate Coats for obtaining and registering certificate of the jadgment (45 & 46 Vict. c. 31. s. 4.). Remaining due Poundage for issuing this warrant Total amount to be levied [with fees for execution of warrant, as indorsed hereon]. Notice. — The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the Debtor. Application was made to the Registrar for this warrant at minutes past the hour of in the noon of the day of 19 . Here state for the information of the High Bailiff" the place, &c., where the goods are stated to he. See Back. For indorsement of fees for execution of ivarrant, see Form 163. 565 432. [313.] Undertaking by Defendant to Pbrform Contract The Employers and Workmen Act, 1875. [Not to be printed.] In the County Court of holden at Between A.B., PlaintiflE, and CD., Defendant. Whereas it has been found by this Court, on the day of ^^ * ^^ Y'"** •' •' c. 90. s. 3. 19 , that the Defendant had broken the contract for the breach of which he "was summoned : And whereas the Court would have awarded to the PlaintiflE the sum of £ by way of damages suffered by him in consequence of such breach, and would have ordered the Defendant to have paid such sum, but that the Defendant was willing to give security for the performance by him of BO much of the contract as remains unperformed : Now, therefore, I, the undersigned Defendant, and we, the undersigned sureties [or the undersigned surety], do undertake that the said Defendant will perform so much of the said contract as remains unperformed, that is to , say, [here set out so much of the contract as remains to be performed'] : And I, the said Defendant, and we [or I], the said sureties [or surety], hereby severally acknowledge ourselves bound to forfeit to A.B., the Plaintiff, the sum of pounds and shillings, in case the said Defendant fails to perform what he has hereby undertaken to perform. (Signed, when not taken orally) CD., '' Defendant. „■ ■' [ Sureties. br.H., ) Taken [orally] before me this day of 19 . Registrar. Note. — Wherel the undertaking is given orally, strike out the words "undersigned" where they occur, and insert the word '■"orally" after " taken." 566 433. [316.J Summons. The Married Women's Property Act, 1882. *^7H *^ ^'"'*' ^^^ ^^^ hereby summoned at the instance of of Order XLVL, ' to appear at a County Court to be holden at , Rule 2. QQ tjjg ^J^y Qf ^ a,t the hour of in the noon, when the Court will proceed to consider the question stated in the particulars hereunto annexed, and to make an order with respect to the property in dispute. Dated this day of 19 . Bale i. Registrar. To of 434. [338.] Summons. [Not to be printed.^ 0».d|5jj The Charitable Trusts Acts, 1853 to 1887. In the County Court of holden at In the matter of [title of Charity.] No. of Charity. [Name, description, and address of party to be summoned.'] You are hereby summoned to appear at a County Court to be holden at on the day of 19 , at the hour of in the noon, upon the hearing of an application which has been made to the Court in the matter of the above Charity, by which it is suggested [fiere state\substance of order, certificate, or statement]. And you are informed, that if you do not attend pursuant to the requisition of this summons, the Court may proceed in the matter in your absence, and make such order as may appear just therein. And you are further informed, that if you do not obey such order, you will be liable to be imprisoned by order of the Court. Dated this day of 19 . Registrar. 567 435. [339.] Notice to attend Proceedings. INot to be printed.] The Charitable Trusts Acts, 1853 to 1887. Order' XLVIU., In the County Court of holden at . Kule 5. In the matter of [title of Charity]. No. of Charity. To [Name, description and address of party to whom notice is to be given.] Take notice, that the hearing of an application in the matter of the above Charity, by which it is suggested [here state substance of order, certificate, or statement], will take place on the day of 19 , at the above County Court, to be holden at , at the hour of in the noon. The object of this notice is that if you are desirous of attending the said hearing you are at liberty to do so, and you may be heard in support of any objection you have to such proceedings in respect of the above Charitj'. But if you do not attend at the hearing, you ■will not be subject to any costs or penalty in respect of such non-attendance. Dated this day of 19 . Registrar. 436. [340.] Notice of Hearing. 16 & it Viot. 0. 137. [Not to be printed.] 0^^^^ The Charitable Trusts Acts, 1853 to 1887. RulIV.^"' In the County Court of holden at In the matter of [title of Charity]. No. of Charity. To [Name, description, and address of party to whom notice is to be given.] Take notice, that the hearing of the application in the matter of the above Charity is appointed to take place at this Court on the day of 19 ,• at the hour of in the noon. Dated this day of 19 Registrar. * This should be at the earliest convenient sitting of the Court. 568 437. [341.J i6&i7Viot Form of Charitable Trusts Book Record. 0. 137. Order \Not to be printed.'] ""^^ ^^ The Charitable Trusts Acts, 1853 to 1887. Ashley, Lady, Charity of. In the matter of No. 1. On the day of 19 , an order [certificate or statement as tlie case may &e] was produced by [stete the party producing or transmitting if], and the same has been numbered 1 [or, as tJie case may be, according to the priority of production to the Registrar'}. On the day of 19 , a summons \_or other process, as the case may be}, ■vyas issued and directed to be served by post {or vtherivise, as the case may he} on {state the parties'], requiring him {her or them, as the case may be] to appear at this Court on the day of 19 . ' ft At a Court holden on the day of 19 , appeared {state parties appearing, or reasons for not appearing, and wlietlier they appeared by counsel or otherwise. If any adjournment takes place, state the cause thereof, and adjournment, and until wlien adjourned ; then on the adjournment day, proceed in a similar manner as on the Jirst day of hearing ; and the same on every successive adjournment day. 'When the matter is Jinally disposed of, then proceed] — The matter having been heard, the Court made the following order : {Here . .I ■/ : 1 ' 1 state the order. If any other proceedings, whether before or after the final ' - ' order, are taken in the matter, they must be recorded in a similar manner in 1. i their proper places. It will not be necessary to set forth on tlie record any of '. : ', the evidence, as that will appear on the Judge's notes ; but any document produ,ced, or any copy thereof, which the Judge requires to be filed, should be filed along with tJie other papers relating to tfie matter.] {'When the record of proceedings in ariy Charity occupies more than one page, the record may be continued on the next blank page, and a reference should be made from such previous page to such next page, and from sv,ch next page to such previous page. ' The book in which the record is kept should be paged throughout, and have an alphabetical index at the end. The names of tlie Charities should be arranged in the index alphabetically, and the numbers of the pages in which any proceedings are recorded should be given at the end of the names.] 569 438. [342.] Order for Removal or Appointment of a Trustee, or Removal AND Appointment of a Trustee ; vesting the Estates of a Charity IN A TRUSTEE; AND APPROVING A SCHEME. \_Not to he printed.'] The Charitable Trusts Acts, 1853 to 1887. ^^*-f^J'•''• 0. 137, &o. In the County Court of holden at In the matter of ^title of Charity']. No. of Charity. Upon the application of [name, description, and address of applicant] to \here state the substance of the application authorised by the order or certificate ; but in the case of a scheme only refer to it as "a certain scheme for regulating "or directing the administration of the said Charity"], and upon hearing the matter of the said application : It is ordered that [name, description, and address] one of the trustees [or the trustee] of the above Charity be removed [or that [name, description, and address] be appointed a trustee of the said Charity] or that [name, description, and address] one of the trustees [or the trustee] of the said Charity be removed, and that [name, description, and address] be appointed a trustee instead of the said [name of removed trustee] : And it is further ordered that [state property and rights of the Charity as described or indicated in the order or certificate] do vest in the said [names of trustees in whom the said property and rights are to vest] : And it is further ordered that the scheme set forth in the schedule hereunto annexed for the regulating [or directing] the administration of the said Charity be approved and established. Given under the seal of the Court this day of 19 . By the Court, Registrar. Schedule referred to in the foregoing order. [Here insert scheme approved of.] This is the schedule referred to in the above order. [Begistrar^s signature.] *^s* Wh£re the application to the Court does not embrace all the subjects of the above form, such part may be adopted as is applicable to the exigency of the case. 570 439. [343.] Order under Section 48 op the Charitable Trusts Act, 1853. \_Not to he printed.'] l^m^B^it '^^^ Charitable Trusts Acts, 1853 to 1887. In the County Court of holden at In the matter of [title of Charity']. No. of Charity. Upon the application of {^narne, description, and address of applicant] to [here state the substance of the application authorised by the order or certificate] and upon hearing the matter of such application : It is ordered that the [here describe the estates of the Charity as described or indicated in the order or certificate] holden in trust for the above-mentioned Charity do vest " The Treasurer of Public Charities," and his successors, in trust for the said Charity. [Where any periodical or other payment is directed with respect to any copyhold land, add as to a periodical payment the following clause] : And it is further ordered, with the consent of the [name, description, and address of the Lord of the Manor wherein the estates are situated] that the sum of £ be paid by [name, description, and address of person ordered to pay] to the said Lord of the Manor of on the day of next, and on the same day in each succeeding year [as the case may be], in compensation for fines or other profits which would have become due upon the death or admittance of the tenants of such land, being part of the said manor holden upon trust for the said Charity. Given under the seal of the Court this day of 19 . By the Court, Registrar. 440. [344.] Order under Section 51 of the Charitable Trusts Act, 1853. [Not to be printed.] ; The Charitable Trusts Acts, 1853 to 1887. 16 & 17 Vict, In the County Court of holden at c 137. f . 51. In the matter of [title of Charity]. No. of Charity. Upon the application of [name, description, and address of applicant] to [here state the substance of the application authorised by the order or certificate], and upon hearing the matter of the said application : It is ordered that [names, descriptions, and addresses] [where they are personal representatives, insert "the executors [or administrators] of [name, description, and address] deceased "] do transfer the £ Bank 571 £2 15s. per Cent. Annuities, [or Bank Stock, promissory note, bill of exchange, bond, debenture, or other security [ds the case may 6e], standing in the name [or- names] [^insert the names, descriptions, and addresses of the persons in whose names the stock is standing"], into the names of [names of Official Trustees]. [Where securities are to be deposited, vary the preceding order, commencing with the words " do transfer," and substitute the following : " do deposit the following Exchequer bills, dated, that is to say, No. 1,8D& for £500, No. 772 for £50, &c., or any other Exchequer bills, for which the same may be exchanged \_as the, case may he] with [names of Official Trustees].] Given under the seal of the Court this day of 19 By the Court, Registrar. 441. [345.] Order for Payment op Money by Trustee op a Charity or Person holding Money belonging to a Charity. [Not to be printed.] The Charitable Trusts Acts, 1853 to 1887. 16 & 17 Vict. 0. IS7. In the County Court of holden at In the matter of [title of Charity]. No. of Charity. Upon the application of [name, description, and address of applicant] to [here state the substance of the application authorised by the order or certificate], and upon hearing the matter of the said application : It is ordered that [name, description, and address] do on or before the day of 19 , pay the sum of £ [unth interest thereon {if any)] to [state party or account]. Given under the seal of the Court this day of 19 . By the Court, Registrar. 442. [346.] Notice op Sureties. [Not to be printed.] The Charitable Trusts Acts, 1853 to 1887. ig 4; ^7 vjot. In the County Court of holden at In the matter of [title of Charity]. Take notice, that the sureties whom I propose as my sureties on the appeal in the above matter are [here state the full names and additions of the sureties o. 137. 572 whether householders or freeholders, and their residences for the last six months, therein mentioning the county or city, places, streets, and numbers, if any']. Bond. Know all men by these presents that we {name, description, and address], and [names, descriptions, and addresses'], are jointly and severally bound to {name, description, and address of obligee] in £ of good and lawful money of Great Britain, to be paid to the said {n^me of obligee] or his certain attorney, executors, administrators, or assigns. For which payment to be made we bind ourselves and each (and every) of us, in the whole, our and each of our heirs, executors, and administrators, jointly and severally, by these presents. Sealed with our seals, and dated this day of one thousand nine hundred and Whereas an order, dated the day of 1'.) , was made in the matter of {name] Charity by the County Court of ' holden at , and {name, description, and address of Appellant] states himself to be aggrieved by {or dissatisfied with] the said order, and has given notice of appeal pursuant to the Charitable Trusts Act, 1853, and the practice of the Court : And whereas the Charity Commissioners of England and Wales have required that the said {Appellant] should, together with two sufficient sureties, become bound to {person whom the Commissioners direct to be obligee] in the sum of £ to pay such costs of the proceedings on the appeal as shall be ordered to be paid by the said Appellant {if required hy the Commissioners, and also to indemnify the Charity against the costs and expenses of and attending such appeal] : And whereas the above-named {names, descriptions, and addresses of sureties], at the request of the said {name of Appellant], have agreed to enter into the above written obligation for the purpose aforesaid, and the security intended to be given has been approved of by , the Registrar of the said Court, as appears by his allowance in the margin hereof : I approve of Now the condition of this obligation is such, that if the above bounden (L.8.) J.K. {names], or any or either of them, shall pay unto the said {name of the Ihii requires obligee], his executors, administrators, or assigns, the costs of the said appeal, amp. ^ ^^ ^^.^ Court of Appeal shall order {add, if so ordered, and indemnify the said Charity against the costs or expenses of or attending such appeal], then this obligation shall be void, otherwise the same shall remain in full force and virtue. A.B. (L.s.) CD. (L.s ) E.F. (L.S.) Signed, sealed, and delivered by the above bounden, in the presence of 573 443. [349a., Nov., 1900.] Notice to Probate District Registrar. [iVo< to he printed.'] The Court of Probate Acts, 1857 and 18.58. In the County Court holden at Order XLIX., Rule 7. A.B., G.D., Between and Plaintiff, Defendant. Whereas an application has been made to this Court to revoke the grant of probate of the will [or letters of administration granted by you in the goods] of [.here insert the name and address of the testator or intestate] ; And whereas the matter of such application will be considered by this Court on the day of at the hour of in the noon : I therefore request that you will cause to be produced before the Court on that day [the will *and] all documents which are in your possession relating to the matter. Dated this day of 19 Registrar. * To be left out where ad- ministration without will annexed has been granted. 444. [350a., Nov., 1900.] Certificate of Registrar. \_Nqt to be printed.] The Court of Probate Acts, 1857 and 1858. [Heading as in Form 443.] I, A.B., Registrar of the above Court, do hereby certify that the following order was made in the above action on the day of 19 [Here set out the Order.] Certified under the seal of the Court this day of 19 Order XLIX. Rule 8. Registrar. 574 445. [35lA., Nov., 1900.] Order in Probate Action. INot to he printed.'] Order XLIX, The Court of Probate Acts, 1857 and 1858. Rule 9. [^Heading as in Form 443.] Upon the trial of this action at a Court holden this day, it is adjudged as follows : [^Here set out the Order.] and it is ordered, that the do pay the sum of for the 's costs, and that the same be paid to the Registrar of this Court on the day of 19 Given under^the seal of the Court this day of 19 By the Court, Registrar. 446. [337a., Dec. 1889.] Summons on Appeal under the Merchant Shipping Act, 1894, s. 610. [^Not to be printed.] The Merchant Shipping Act, 1894, s. 610. Order! L. ^^ *^® [_title of Court issuing summons]. No. of Plamt. Between -4.-B., Appellant, [address, description] and [insert description of Pilotage Authority,] Respondents. You are hereby summoned to appear at a County Court to be holden at on the day of 19 , at the hour of in the noon, to show cause why the decision, a copy of which is hereunto annexed should not be reversed or modified, on the grounds set forth in the statement hereunto annexed. Dated this day of 19 . Registrar. To the Respondents. 575 447. [New.] Notice to Parties of Name of Assessor selected by Judge. \_Not to he printed.'] [Heading as in Form 446.] Take notice, that His Honour the Judge has selected Mr. Order J.., of as an assessor to assist him in trying this appeal. ^^^ 26. Should you have any objection to the assessor so selected, you must forthwith send me in writing your reasons for your objection, and must mention the name of any other assessor whom you are willing should be summoned. Should you have no objection to the assessor named being summoned, you must forthwith sign this notice and return it to^me. Dated this day of ■ 19 . Registrar. To [the Appellant] and [the Respondents.] The Appellant [or Respondents] has [or have] no objection to make to the above assessor being summoned. {Signature.) 448. [337b., Dec. 1889.] Order Confirming, Reversing, or Modifying Decision op Pilotage Authority. [Not to he printed.] The Merchant Shipping Act, 1894. s. 610. [Heading as in Form 446.] It is this day ordered that the decision of the [here set forth the title of the pilotage authority and the decision given hy it] shall be confirmed [or as the case may he]. And it is further ordered, that the Appellant [or Respondents] do pay the costs of the Respondents [or Appellant] of this appeal, such costs to be taxed by the Registrar under column of the Scales of Costs in force in the County Courts, and to be paid by the Appellant [or Respondents] to the Registrar of this Court within fourteen days from the date of the certificate of taxation. Dated this day of 19 Registrar. To [the Appellant] and [the Respondents.] 577 APPENDIX PART 11. FORMS OF BOOKS REFERRED TO IN ORDER 11. i 8775 578 BOOK A.— ORDINARY AND DEFAULT Plaints, Minutes of Judgments, Orders, Number of Plaint, &o., or Counter-claim. Name, Besidence, and Trade, of § o ID ■e 5 i CO s s 1 n o s r Amount claimed, or value of subject matter. - • a a S bo p a o Fees. Sohed. B, (Part 1). Amount paid into Court hefore Judgment. i a 1 0)0 CD d is ■28 o Default Summons. Plaintiff. Defendant. Debt or Claim. Solicitor's Costs charged on the Summons. i i 1 .a o o p No. wnom served. - £ i. d. £ «. d. £ g. s. «. *. £ s. d. BOOK B.— ORDINARY Plaints, Minutes of Judgments, Orders, at a Court holden at on the day Date of Name, Residence, and Trade i o Amount claimed or value of subject matter. £ Name, entry of of B fl Eefrrs. Fees. =« Plaint, No. of ■=1 Fee on &a. of Plaint, o o entering Plaintift'f &o., or &e. II Debt Solicitor's Costs Plaint, &o. Sched. " B." Solicitor. Counter- Plaintiff. Defendant. y or charged (Part 1). .,,?, claim. 1 Claim. on the Summons. dP. S FM a £ s. d. £ s. d. £ .y. £ s. BOOK C— DEFAULT Plaints, Minutes of Judgments, Name, f-4 o Fees. Date of Default Summonses. Eesidence, and Trade 3 o s Amount claimed. Schedule "B." Name, entry of Plaint, or Hi ■s p CM Fee on (Part 1). &o„ of *! & entering t t| Plaintiff's &o., or By Debt Solicitor's irfH FtT§ No. of a Costs Plaint. . 30 So Solicitor. Counter- ■whom Plaintiff. Defendant. s l.i or charged cd Js ^fl Plaint. on the .^ mg claim. served. .2 a ¥ Claim. Summons. "5b « in §1 £ *. d. £ e. d. £ i. 3. s. «. 579 SUMMONSES, &0. and other Incidental Proceedings. bb w 1 1 Nature ol Defence, Date when Notice of Defence or Leave to Defend filed. i -1 i t Appear- ance. a o Amount of Judgment. 1 s o si 'i Order. 1 Sg ■9" ^S -J p Dates of entering up Judgment by Default. of filing Or- der in nature of Decree. of filing Or- der on Inter- locutory Proceedings. Fees on □Q 1 1 Debt or Claim. Solicitor's OOBtS, Witnesses, Total Costs. I to n §1 o ■3 is A s. d. £, ,». d. £ s. d. £ ». £ i. SUMMONSES. and other Incidental Proceedings. of 19 , before His Honour Judge of the said Court. Amount paid into Court before Judgment. Nature of. Defence. Date when Notice of Defence or Leave to Defend filed. *3 1 a 1 m Appearance. 1 .s o Amount of Judgment. 1 1-3 a g Order. Date when Order in na- ture of Decree, or on Interlocutory Proceed- ing, filed. Fees on a 1 a Debt or Claim. Solicitor's Costs, Witnesses, &o. • Total Costs. Hearing. Consent or Ad- mission. £ s. d. £ s. d. £ s. d. £ s. d. £ s. £ s. SUMMONSES. and other Incidental Proceedings. Amount paid into Court before Judgment. a 1 a o o 1 Nature of Defence. Date when Notice of Defence or Leave to Defend filed. By whom Jury required. r i Amount of Judgment. Order. § a h Is Date of entering up Judg- ment by Default. No. of Debt or Claim. Solicitor's Costs. Total Coats. Plaint, cSco. (re- peated). £ *. d. £ s. d. £ s. d. £ s. d. 8775 ?03 580 a (8 -3 93 pi o >. tS « ^ o ^ m a ^ o o PQ iTi fl 5p -s S 60 5 TJ id 03 ai pre J «o =« •s3oip8900ja: Is inanbasqna jo Bpog =« ij 'B °°^- =« D «« 1 '«■ M -tang juara i -i^ioinioo ■HareH 6 c3 P O M P 1-5 ■IS r/5 W w rn W 1— 1 ^ o O H r/: W r/j iz; o a ^ S T) D Cll t/j M 1 0) ,o 1-5 o M n ;-i O o n rQ d Conduct Money, or Fee for Jury. as g s 02 a o <£ <» 00 1 CQ s a o w 13 - By whom served. Miles from Court House. o u o m 1 S3 H Q? •& On whose Lehalf ap- plied for. No. of Plaint. 1 584 BOOK K.— COUNTY COURT OF Home and re-issued Foreign Execution and Commitment No. of No. of Home ri.iint. Exe- cution. Day and Hour on whieh Warrant applied ior, Day. h. m, No. of Foreign Exe- cution. Dates of Issue and Ee-issue. Plaintiff, or Issuing Court. Defendant. Besidence. a o O u o .11 1.1 SS 19 cs p ago ^ a oi3 £ V ca o Amount of Debt or Damages and Costs due. 585 HOLDEN AT Book (where the Registrar is also High Bailiff). a S ill lis iDate ol [ Arrest i or I Levy. Gross Amount levied. Fees lor Posses- sion. .2 P. p ss Fees for Sale. Bent paid. «o^ seslSp. is ■i O 'd fts cd e »i P p. o= S "P ° m-d ill "ID n g -g ^ m a . o .t^ Ogag 1 o a*g c3 o » o -d ■3 V M jJ a C3 13 (D •^ §■ q '3 .S SaKo. ;>> &o «4 0. « ^ ^« ft ■3,'.^ ' ^ t« 13 i>t ■3 ^" 6 c3 !zi S 587 2 SlD 2. a a^ ■-',=1 '^ ^ 5^ s _ ^-^ ;h (C " o ^° i ^-g S ^ cri O 3 +y o ^ E o o 2 a o m ^S^ ^' TS "tS -*j P -tS „ O ^ 4^ M -^* ^ a a ^ °gri -*

•1-4 IB U as o to +^ si n 4^ ta^ ^ = § It >5 O pi w gj EH rd OP o a H CO " H ■s a •S ""^ boS o« 3 ._ ^ CO °43 3 pi bs o " ' -p o oa gag O bo • SW m 0^ o -w O -P to oa d o =gS o o a a •s =* "gS ■s ^ a.s ■^ 2 ^■3 2i 8 Pi ^ O n ^ to S 588 1 1 r en o to . 1 Total Amount to be levied. Execution or Com- mitment. Miles from Court. 1 ! II •uopno -axa JO OJsr ■■Hiiwia; JO -0^ r o aJ Si t3 03 O M ^ o o o O m W r« .ft eq g^. .S"i ^s. fl-a -SI ^s. "H -; o g SV d O Al25 ri B 43 .& W a P rd O) 03 m CD ^ rc! ^ 1 s a ;§ ^ - Si ^ 1 1 r/j §'• Pq i s ZJ 02 |_1 ^ SP 1— 1 <1 m .9 W P r*5 0} M M ^ W 1 q-i o H M 01 o o o Si pq P-I h ® Ti a p 1 3 6 ■ 13 6 1 3 6 l_ 1 1 3 6 £ s. d. 1 3 to 2 i 1 3 to 2 4 1 3 to 2 4 1 3 2 4 6 1 3 6 1 3 6 •2 2 3 6 3 6 1 £ s. d. Bxceeds 50 C. i. d. 2 4 to 3 5 2 4 to 3 5 2 4 to 2 5 2 4 3 5 6 (13 6 \ to (2 4 6 2 4 6 3 3 3 6 3 6 10 10 607 (3.) SCALES OF ALLOWANCES TO WITNESSES. Ordinary Witnesses. Gentlemen, merchants, bankers, and professionar men, per diem from Tradesmen, auctioneers, accountants, clerks, and yeomen, per diem, from' Artisans and journeymen, ^er" cfiem ... ... from Labourers, and the like, jper- «?iem from Females, according to station in life ... ... from £ s. d. £ s d. 15 to 1 1 7 6 to 15 4 to 7 6 3 to 4 2 6 to 10 6 Expert and Scientific Witnesses. If Costa If Costs taxed on taxed on Column B Column C of Scale. of Scale. £ s. d. £ s. d. 1 1 1 1 For qualifying to give evidence \ to to 3 3 5 5 1 1 1 1 Attending court on trial, ^er (2iem i to to (2 2 3 3 Scale of allowances for travelling expenses. See Order LIIL, Rule 39. (4.) Total of Items of Costs to be entered on Summonses for Amounts exceeding loz., where the particulars and copies are signed by the solicitor. The total amount to be entered on an Ordinary Summons shall be the following and no more, viz. : — Totals. Where the amount sought to be recovered \ exceeds 10?. and does not exceed 201., and < the claim is a debt or liquidated demand ... / Item 1 20 54 96 In other claims Item 2 „ 20 „ 54 „ 96 Where the amount sought to be recovered i ^n exceeds 201. and does not-e23ceBd:-50^?;rsir*s "~ 54 the claim is a debt or liquidated demand ..../ " qg £ s. d. £ s. d. 4 3 4 3 4 3 6 ■ 14 2 6 3 4 3 4 3 6 7 6 8 6 3 6 ■ 16 1 3 10 608 Item In other claims ... Where the amount sought to be recovered \ exceeds 501., and the claim is a debt or< " liquidated demand / " 2 20 54 96 1 20 54 9e Item In other claims 20 54 96 Totals. £ s. d. £ 8. d. 12 0^ 6 8' 6 8 3 6 8 10 10 13 4 6 8 3 6 110 13 4 6 8 3 6 1 13 6 2 4 6 The total amount to be entered on a DEFAULT SUMMONS shall be the following and no more ; viz. : — Totals. s. d. £ s. d. Where the amount sought to be recovered exceeds 10?. and does not exceed 201. and > service is to be made by a bailiflE ... Where service is to be made by a solicitor Where the amount sought to be recovered exceeds 201. and does not exceed 50Z. and < service is to be made by a bailiff ... Where service is to be made by a solicitor ■ 18 2 ■ 13 2 3 6 j "1 10 6 1 15 6 N.B.— Where the amount sought to be recovered exceeds lOZ., Items 15 and 17 may be added where the service for which each of them is given is performed. [Note.— U^pon judgment being entered upon a default summons for a sum exceeding 101., only Items 39 and 62 are to he allowed in addition to the above.} 609 INDEX. Order. Bule. Form. ABANDONMENT. Of excess of claim over 501 Of part of claim, to be entered on particulars and in minute book ; costs. ABATEMENT. Of action on acceptance of amount paid into Court in satisfaction. When action not to abate ABRIDGMENT. Of time fixed by rules ABSENCE. Of high bailifE from Court Of registrar or deputy registrar from Court ABSENT PARTIES. May be added on hearing Notice of judgment to be served on Power to appoint person to represent in certain cases ACCEPTANCE. Of money paid into Court in satisfaction of claim ... ■] Of payment into Court after notice of defence ACCOUNTS. Bankers' or other books of, when and where to be inspected Books of , pnm(i /aicj« evidence Claim for taking of Receiver's, may be audited at any time on notice Receiver's, to be verified by affidavit ACCOUNTS AND INQUIRIES. Accounts to be verified by affidavit Accounts to be numbered Advertisement for creditors Allowance of debts or claims Certificate of registrar to lie in office for inspection Certificate of registrar, contents of Certificate where no application to vary Claim sent in after date fixed Claimants not coming in to prove, excluded Cost of creditor establishing debt Costs of party applying separately Creditors holding security to produce same Creditors not to prove, unless required ... Piling of accounts Further directions, application to judge for Hearing, before registrar , Interests of parties may be classified Judge may order any inquiries, &c., to be made Just allowances to be made in taking VI 1 XIV 13 IX 13 xvn 1 LIV 12 11 17 )) 1 xxu 18 m 27 » 19 rx 13 XXVI 5 IX 15 XVI 15 XXIV 8 VI 2 XIII 6 » 4 XXIV 9 11 12 13 18 1J if 27,31 29 34 11 11 21 7 22 5 15 14 29 it XII 37 3 5 5 XXIV 23 76 301 321 8775 2Q 610 ACCOUNTS AND ISqUlRIEB— continued. Notice of allowance or non-allowance of claim Notice to creditor to prove claim Opinion of judge Order for Personal estate, inquiry as to outstanding Registrar to appoint time, place, and day of hearing Registrar to have powers of master of Chancery Division < Separate solicitor may be required by judge for each party Stoppage of proceedings where all parties not served with notice of judgment or order. Summons to parties to attend Surcharge, notice to be given of amount and particulars ... Taking, mode of Variation or confirmation of certificate ACCRUING RENTS AND INTEREST. May be ordered to be paid over at any time to party bene- .ficially interested. ACKNOWLEDGMENT. Of payments and deposits Of payment, transfer, or deposit under ss. 67 & 70, and under Trustee Act, 1893, to be given by registrar. ACTION. Interpretation of word Abatement of ; when action not to abate Any party may apply before trial for directions in any ... Against menial servant, labourer, &c Against high bailiff Against officers of Court Against several defendants judge may make a selection ... By agreement under s. 64 By or against infant .... -J By or against lunatics or persons of unsound mind... -J By or against married women -J Commencement of, by plaint Commencement of, in Admiralty Conduct of, who to have Confession by defendant in action to recover land Consolidation of actions Counterclaim or set-off to have same effect as cross-action Date of summons, commencement of action Discontinuance of ; notice to be given by post Discontinuance of ; order on plaintiff to pay costs General jurisdiction on trial of Joinder of causes of action generally Land, recovery of ; appearance anj limitation of defence... What claims may be joined with ' Libel or slander remitted from High Court Misjoinder or nonjoinder not to defeat Objection to jurisdiction under, s. 62 ... .1 Partition action ; one solicitor to have conduct of order for sale. Pending in another Court for same cause Recovery of land or possession of tenement ; ss. 138, 139... Order. XXIV XII XXIV XXIII XXIV xni Rule. 19 18,19 30 5 11 2 18 1 6 4 2 10 1 33,34 10 II 11 ■ >■ xxxvni 21 336 LV XVII "i ... XV 1 ••■ V 15 ... XVI 18 ■•• XXTT 23 ... VIII 7 V 2 , ... in 10 ... V 16 ■■■ m 12 •.. V 18 •■■ lU 11 ... V 17 ... 7t 1 ... XXXIX 4-8 ... LIV 11 IX 7 ... vin 1,4 59 X 2 vn 2 IX 1 63 11 1 64 xxn 13 IV 3 X 4,5 IV 1 xxxin 4 XIV 2 X 6 IX 11 XXII 11 V 3 Form. 320 319 304 318 611 Order. Bule. Form. ACTIO'S— continued. Remitted or transferred from High Court Beple7in Replevin, no other cause to be joined Selected action, liability of defendant on judgment given in. Set-off or counterclaim to have same effect as cross-action Special notice in action for libel or slander Transfer of actions where commenced in different Courts Transfer to High Court where subject matter exceeds 500?. Trial of, by agreement, under s. 64 Where action brought under ss. 59, 138, 139, how distin- guished. Where actions stayed, &c., counterclaim may be proceeded with. Where defendant desires to defend on behalf of self and others. Where judgment given in selected action other actions to proceed. Where neither party or one only appears on default sum- mons. Where number of persons, one or more may sue or be sued on behalf of remainder. Where plaintiff does not appear ... Where plaintiff sues on behalf of others Where title to land expired before return day ACTS. See STATUTES. ACTS NOT REFERRED TO IN RULES. Proceedings under, to be commenced by action or petition, or as interlocutory application. ADDITION. Alteration of record on substitution or addition of name... Change or addition of plaintiff Change of defendant Where action commenced in name of wrong person. Court may order such other person to be substituted or added. Where a person other than the defendant appears and admits his liability his name may be substituted. Where too few persons made plaintiffs ADJOURNMENT. For absent parties to be heard For discovery of documents For non-compliance with rules Hearing of a judgment summons may be adjourned Of action in order to summon jury Of action, plaintiff to pay assessors' fees forthwith Of hearing for proof of document Of sittings of Court Of trial on application of both parties Of trial where action pending in another Court for same cause. When a person brought in does not appear at trial Where service of summons has not come to defendant's knowledge, or Court is in doubt. XXXIII XXXIV VIII X XXXIII vin XXXIII xxn III VIII XXII III XXII X xxui XVII XIV XXII XVI xn XXV XXII XXI XVIII I XII xxu v'ii 1,3 "i 2 2 4 8,9 5,6 2 3 19 5,7 7 7 1 15 35 8 1 2,11 1 4 3 18 10 15 34 2 13 9 1,2 12 11,13 21 11 120, 121 331 260 94,95 92 92 92 93a 8776 2 Q 3 612 Order. Rule. Form ADMINISTRATION ACTION (AND EXECUTION OF TRUSTS). Absent parties, representation of Ill 19 ... Advertisement for creditors in an XXIV 13 ... Costs of creditor establishing debt »> 22 ... In action for, plaintiff may ask decision of Court on a TI 5 ... certain question. Interest allowed to creditors in an TXTV 24,25 ... Judge may appoint some one to represent heir-at-law, &c. III 18 ... Notice of judgment ... J» 27-29 ... Notice of judgment where party an infant or lunatic 1) 29 ... Order on further consideration XXTV 33,34 323 Order where accounts insufficient xxn 15- • *• Partial administration »j 14 ■ ■• Personal estate, inquiry as to outstanding XXTV 11 • ■• When heir-at-law need not be a party III 32 • •■ When residuary legatees or next of kin need not be served Jt 20 >•■ Where judgment against one legatee, &c )» 25 ■ ■■ Where no legal personal representative » 33 • •• Where other legatees, &c. need not be served )J 21-23 • •• Who may be made a party )* 26 ..■ Who to appear on claim of person not a party »» 34 ... ADMINISTRATION ORDER (BANKRUPTCY ACT, 1883, s. 122.) No commitment on judgment summons after, in respect of XXV 42 ... debt incurred before. Recall of order of commitment on judgment summons. )) 43 ... where administration order made. Affidavit of debtor arrested as to t) 44 192 Registrar's certificate as to t) 45 193 ADMIRALTY ACTIONS, PROCEEDINGS IN. Action, commencement o£ (see Commencement of Action) XXXIX 4-8 368 Action in rem 6 Action, transfer of (see Transfer of Action) _^ 50,51 385," 386 Admiralty actions book ... ... 414 Adriiission of liability XXXIX 93, 95 Agreement for assessment of damages by registrar ... )J 95 ... By praecipe in any action, except for salvage n 93 390 Notice of praecipe to be given to other parties )) 94 Appearance in Admiralty actions 19-23 Appearance to be made by filing praacipe 1) 19,23 374 Intervention in action in rem by person not named 11 22 in summons. Notice of appearance 24 374a On arrest of vessel or property 23 Praecipe, contents of 20 In action in rem, defendant may be described as " 21 owner, where name not known. Several defendants appearing by same solicitor 25 Time for 26 Application of Order " 114 ... To proceedings in Admiralty instituted under Merchant ,, 114 Shipping Act, 1894, and other Acts. Appraisement 83 Before or after judgment, and on application of either ,, 83 party. On application for bail in salvage actions 47 383 Under warrant of execution 11 65 613 Form. ADMIRALTY ACTIONS, PROCEEDINGS IN— continued. Arrest Affidavit to be filed Appearance on arrest of vessd or property Nationality of vessel to be stated in affidavit in action for necessaries or wages. Service of summons in rem and execution of warrant of arrest may be effected on any day. Warrant of arrest, when may issue Assessment of damages (see Damages) Assessors ... Fees of , on adjournment ... Fine on, for non-attendance List of Payment, on application by party for Payment, on requirement of judge or registrar Payment to, amount of remuneration Selection and summoning of, by registrar Bail (see Release of property) Bail to be taken before registrar or commissioner Bail not to be taken before commissioner in certain cases. Bond and affidavits of justification to be prepared by party giving bail. Commission to surety recoverable on taxation ... Procedure on taking bail before commissioner Procedure on taking bail before registrar Release of vessel on completion of bail ... Collision, notice of defence of compulsory pilotage to be given. Commencement of action Actions in rem ; when service of summons or warrant nnnecessary. Attachment of solicitor not fulfilling undertaking to appear, &c. Commencement of action by filing praecipe Notice of commencement of action for wages to be given to consul in case of foreign vessel. " Owner " a sufficient description of plaintiff in praecipe Praecipe, contents of Compulsory pilotage, notice of defence to be given Consent orders, enforceable in same way as orders made by Court. Consolidation of actions on application of any party Copies — office copies to persons entitled to inspect instru- ment or document. Costs Additional costs in important cases Of necessary correspondence Of solicitor acting as agent out of district Where defence not pleaded, but allowed at trial Where not more than 201. recovered to be allowed under column B. Coimter-claim Piling of, where statement of claim not required Filing of, where statement of claim required Rules of Supreme Court as to pleadings and amend- ment to apply to. Cross action Costs may be refused under certain circumstances Cross actions may be iried together XXXIX 11-14 n 11 » 23 }} 12 )f 14 j» 13 }) 96-104 )} 88-92 )) 90 XXXIX 88 }) 89 » 92 JJ 91 J} 37-49 )J 37 n 38 » 39 ty 49 j> 41 )) 40 ) 45 >» 32 (3) » 4-8 ») 6 1) 7 )) 4 J) 8 j» 5 )» 4 J) 32(3) » 105 53a n 87 )) 109-113 )f 113 )f 109 )j 110 » 111 » 112 XXXIX 28 ,, 29 n 31 . » 52,53 )> 52. )i 53 372 394 392 393 377 378 379, 380 376 384 373 368 368 391 614 ADMIEALTY ACTIONS, PEOCBEDINGS m— continued. Damages, assessment of Assessors may be summoned By agreement before registrar, where liability admitted Cross-examination on affidavit Evidence vivd voce or by affidavit Particulars and vouchers to be filed by claimant Reference to registrar in all except salvage actions ... Proceedings on, and adjournment of Time for, to be appointed by registrar Report in writing to be made by registrar Appeal from Objection by either party within seven days Reasons of decision to be filed by registrar Default of appearance, procedure on Default of pleading by plaintiff Action may be dismissed for want of prosecution Defence Filing of, where statement of claim not required Filing of , where statement of claim required ... Rules of Supreme Court as to pleadings and amend- ment to apply to. Enforcement of orders Enforcement of judgment iH personam ... Enforcement of judgment in rem where vessel or pro- perty released. Enforcement of judgment in rem where vessel or pro- perty not released. Proceedings where owners known Where owners unknown On discovery of owners Where owners cannot be ascertained Protection of interested persons not before Court Rehearing, application for ; costs before hearing Order for sale in default of application for Service of notice of judgment or order on discovery of owners. Execution against vessel or property Costs of obtaining order of sale and of execution Delivery of property to purchaser Inventory and valuation to be made before sale Objection to high bailiff's account of sale and of fees ... Proceeds of sale to be paid into Court Warrant of execution by seizure and sale, issue of Hearing, notice of Institution of action (see commencement of action) Interrogatories, when leave to administer may be granted... Judgment, final, in action «'« pej-soHam Pinal, in action m j-e TO Interlocutory, for damages Note of judgment or order to be made to Registrar of County Court Judgments. Notice of appearance Notice of defence of compulsory pilotage Notice of hearing Office copies to parties entitled to inspection Particulars and summons Particulars, when and how to be filed ; to be annexed to summons. Summons to issue on filing of preecipe and entry of plaint Order XXXIX XXXIX XXXIX )) XXXVI XXXIX XXXIX Rule. 95-104 98 95 100 100 97 96 99 98 101 104 102 103 36 I 34 34 28 29 31 54-63 54 55 56 57 68 59 61 57 62 63 59 64-69 69 68 65 67 66 64 4-8 Form. 398 397 398 399, 400 401 375, 395-397 402, 403 402, 403 406, 407 408, 409 404, 405 410 406,"407 33 411,412 375 395 396 397 24 32(3) 87 9,10 9 10 374a 375 370, 371 &n Form. inspection during pendency- inspection on termination ADMIRALTY ACTIONS, PROCEEDINGS IS— continued. Payment into Court ; Order IX not to apply to Admiralty actions. Payment out of Court Payment out to solicitor Retainer of proceeds of sale in Court where more than one action. Pleadings Defence, set ofE, or counterclaim, filing of, where state- ment of claim not required. Where statement of claim required Reply Rules of Supreme Court as to pleadings and amend- ment to apply. Statement of claim may be required by defendant at time of appearance or within seven days. Preliminary act in collision cases Inspection of opponent's act Notice of defence of compulsory pilotage to be given where action tried on preliminary acts. No further pleadings, unless ordered by Court Records of the Court Inspection of records Persons entitled to action. Persons entitled to action. Release of property Appraisement at request of plaintiff Bail to be taken before registrar or commissioner Bond and affidavits of justification to be prepared by party giving bail. Commission to surety recoverable on taxation ... Not to be taken before commissioner in certain cases. ■ * Procedure on taking bail before commissioner ... Procedure on taking bail before registrar Release of cargo Of vessel on payment into Court or completion of bail. Of vessel in salvage action Sureties, commission to, recoverable on taxation Cross-examination of Costs of unnecessary cross-examination Justification by Notice to attend for cross-examination Reply, when to be filed Salvage action, release of vessel in , Second or cross-action Costs may be refused under certain circumstances Cross-actions may be tried together Service of notices and orders By post, at a greater distance than two miles Service of summons or warrant How effected in ordinary cases On agent Solicitor's acceptance and undertaking to appear Where access to cargo denied Where cargo landed or transhipped Setting down action for hearing, and notice thereof XXXIX 73 81,82 ... 81 • •■ 82 ... 27-31 28 ... 29 30 ... 31 ... 27 ... 32 32 ... 32 ... 32 84-86 ... 84 ... 85 ... 86 ... 37-49 47 383 37 377 39 378 49 38 ... 41 379, 380 40 376 48 , 45 384 46 49 43 382 44 37,39 378 42 881 30 ... 46 ... 52,53 *•• 52 ... 53 108 ... 108 ... 15-18 ... 15 ... 18 6 373 17 16 35 375 61d ADMIRALTY ACTIONS, PROCEEDINGS IN— continued. Sittini^ of the Court Place of trial Sittings of Court, special day for trial Undertaking for expenses of trial at place where Court not held. Statement of claim ... Defendant inay require, at, or within seven days after, appearance. Procedure by defendant where not required Procedure by defendant where required Rules of Supreme Court as to pleadings and amendment to apply. Subpcenas May be issued in blank Service in England and Wales Summons, forms of ' To issue on filing of praecipe and entry of plaint Tenders Payment into Court ; Order IX not to apply to Ad- miralty actions. Notice of, to be sent by registrar Tender, to be on notice to adverse party, delivery of praecipe and payment into Court. Acceptance of, in respect of whole claim ; costs ... Acceptance of, in respect of part of claim ; costs Acceptance of, where coupled with defence of tender before action ; costs. Non-acceptance of, where coupled with denial of liability ; costs. Notice of acceptance or rejection Transfer of action To another county court or to High Court by order of county court or High Court. Order of High Court for transfer to be left with registrar. Transfer of sale Application for, on giving security for 101 To be transmitted to judge for his order Proceedings on order for transfer of sale to High Court. Wages, notice of commencement of action for, to be given to consul in the case of foreign vessel. Warrant, service of {see Service of Summons or Warrant) Warrant of execution, appraisement under ADMISSION. Form of heading and conclusion By any party By defendant of statement in plaintiff's particulars By defendant of truth of plaintiff's statement Evidence of In answer to interrogatories Of claim, s. 98 Of claim, notice of Of claim by letter Of documents Of specific facts Of title of Plaintiff to land Refusal to admit specific facts. IX X IX XVI IX ix XVIII IX Order. Rule. XXXIX 1-3 1 3 2 27 28 29 31 106, 107 106 107 XXXIX 10 73-80 73 75 74 77 78 79 80 76 50,51 50 51 70-72 71 72 70 15-18 65 6 9 5 9 3 2 3 6,7 Form. 369 370, 371 388 387 389 385,' 386 413 83 71,72 65-68 67,68 111 114 617 Order. Rule. Form. ADVERTISEMENT. For creditors to be prepared by registrar XXTV 2 ... Contents of H 13 ... Judge or registrar to order in what newspaper to be LIV 9 ... inserted ; payment for to be made to registrar. Notice by, in lieu of service of summons VII 40 ... Notice by, where no legal personal representative III 33 ... Wh^ for insertion in London Gazette LIV 10 ... AFFIDAVIT ; . 3 Interpretation of word LV ... ... Accounts verified by XXIV 9 ... By receiver of verification of accounts XIII 4 ... Certificate of filing may be given XXXVIII 15 334, 335 Consent to judgment IX 9 70 Containing an erasure, &c XIX 9 ... Costs of, disallowed when not in conformity with rules ... 5J 5 ... When containing unnecessary matter n 2 Default summons, for issue of, under s. 86 V 14,15 11,12 Defective, use of XTX 11 ... Deponent, illiterate or blind )J 10 ... Deponents, two or more ; form of V 6 ..'. Documents XVI 11 107 Evidence of persons using XVIII 17 ... Evidence where creditor or debtor not resident in district XX Y 37 ... of issuing court. Pacts may be supported by in equity matters xxxvni 5 ... Filing of XIX 7 ... Form of, where two or more deponents n 6 ... Guardian o(i Zi• Section 67 or 70, or Trustee Act, &c. Non-sufficiency of XII 9 89 Of service, to state how effected XIX 12 ... Notice of rejection of imperfect affidavit to be given by XIX 14 133 registrar. Not to be filed if sworn before party's solicitor 11 8 ... No judgment summons to issue where four months has XXV 28 ... expired since last payment, except on. Of service of default summons otherwise than by bailiff ... VII. 34 37 Of service of order and disobedience thereto to be made XXV 68 ... before issue of warrant of possession. Of signature of solicitor or clerk to admissions to be IX 9 ■ .. evidence. Of sufficiency of sureties XXIX 2 *.. On application for judgment summons where debtor resides but of district. On application to be made where party objects to produc- XXV 26 177 XVI 11,15 X* tion of certain documents. Other than those for which forms are given to state XIX 2 ... deponent's occupation, quality and place of residence. 6lA Order. Rule. Form. A. FFID A V IT— continued. Proof of particular facts by, power to order XVIII 2 ... Begistrar to compare statement in affidavit with probate or xxxvni 14 ... other instrument deposited. Sources of knowledge to be stated \[K. 2 ... Special, costs of , when to be allowed page 583 ... ... Substituted service VII 40 43 Sureties, justification by ... XXIX 2 236 To be drawn up in paragraphs and numbered XIX 1 ... To be expressed in the first person » 1 ... To be filed by defendant desiring to defend on behalf of others. To be filed by judgment debtor, stating that a receiving TTT 8 ... XXV 43,44 ■ ■• order has been made. To be intituled in the action or matter in which it is sworn XIX B ■ ■• To be made by defendant where a good defence, and XTT 9 ■ •• resident 20 miles from Court. To be made where duplicate of plaint note required vn 1 .>• To show on whose behalf filed XIX 4 ... Under sections 67, 70, or Trustee Act, 1893 xxxvm 9,10, 13-18. 3B3 Use of, at trial XVIII 11 , ,, Value of real estate directed to be sold xxin 20 • •• Verification by, of defendant's admission to plaintiff's IX 5,9 6d,72 statement. Witness, affidavit of service of summons on j Where defendant out of England and Wales XVTTT XIX B 1 12 1 41^9 125 VII ... Where facts stated in, only are relied on xxxvin 26,28 • •• Where leave required under section 74 V 13 8-11 Where more than one plaintifE or defendant XIX 3 *•• Where on filing an affidavit a person not named as X 4 ... defendant may by leave appear. Where prolixity or irrelevant matter XXXVTTT 30 ... Where sealed copy of certificate lost, &c., another copy XLV 11 ... may be given on proof by. AGENT. When party may act by LIV 1 ... AGREEMENT. Not to appeal ... 14 Trials by, under section 64 V 2 13 To give jurisdiction ■ •• ... 122 AGEICULTURAL HOLDINGS (ENGLAND) ACTS, 1883 TO 1900. Proceedings under XT< ... Arbitration, taxation of costs of J) 5 423," 424 review of taxation by judge 6 Arbitrator, application for removal of ; procedure J) 4 41»^20 Award, application to set aside ; procedure )i 4 418-420 Guardian, appointment or change of ; affidavit in support )i 1 of application. Recovery of money agreed to be paid as compensation M 8 ... Recovery of money awarded to be paid as compensation ... 1) 7 421,"422 Special case, application for order to state ., )) 2 415 Special case stated by arbitrator ; proceedings until hearing }} 3 416,417 by judge. 6ld ALLOCATUR. Any party dissatisfied with the taxation of costs may object in writing before the allocatur is signed. ALLOTMENTS AND COTTAGE GARDENS (COMPEN- SATION FOR CROPS) ACT, 1887. Recovery of money agreed to be paid as compensation ... Recovery of money awarded to be paid as compensation ... ALLOTMENTS EXTENSION ACT, 1882. Applications to be made as interlocutory applications and on notice to trustees in whom land vested. ALLOWANCE. For attendance of witnesses Of claim, notice of Of debts or claims ALTERATION. Of judgment or order of one Court by another Of records on change of parties Of time of holding Court AMENDMENT. Action not to be defeated by misjoinder or nonjoinder of parties. Application to add or strike out parties Change of defendant Change of plaintifE Of name or description of plaintifE or defendant ... Of particulars and notice of defence Of proceedings Where all not served Where defendant added or substituted Where party ought to have been sued in a representative character. Where party wrongly sued Where registrar has same power of amendment as judge (sections 90, 92). Where too few persons made plaintiffs ANNUAL VALUE. In actions for recovery of land, particulars to contain ANNULMENT. Of all prior orders and rules ANSWER. InsufiBcient Not bound to answer or make discovery until after payment into Court of security. Or further answer may be either by affidavit or by vivd voce examination. Refusal or objection of witness to answer examiner To interrogatories Use of, to interrogatories at trial Order. LIII XL LIU XXIV XXV xvn I XIV IV XIV VI page 1 XVI xvni XVI XVIII Rule. Form. 15 37 19 18 40 8 1 10 4 1 7,8 12 7 9 4,11 6 5 14 9 23 26,27 1,8 16 105 104 620 APPEALS Agreement not to appeal Brought under Bules of Supreme Court under Judicature Act, 1894. Judgment of Court of Appeal to be deposited with registrar and enforced as county court judgment. Proceedings on judgment of Court of Appeal APPEARANCE. By solicitor in Admiralty ... Costs on default of, of judgment creditor Default of, of third party In Admiralty actions Where defendant only appears • Where neither plaintifE nor defendant appears Where person brought in does not appear Where plaintifE does not appear APPORTIONMENT. Of costs where separate judgment against defendants Of interest and dividends Order. rxxn xxxn APPRAISEMENT. . j:\rii.xoi:jivi.j:ji'N x . Of goods, where possession taken until security gu Under execution ; not until 5th day of possession . In Admiraltv ARBITRATION. Court may order a reference. Precedent for award Fees payable on ARMY ACT, 1881, Applications under s. 115 to be by plaint aiid summons particulars of demand. ARREARS OF RENT. May be joined with action for recovery of land Or for damage feasant ARREST. Illegal, remittance of action for Of debtor, payment on Of vessel (Admiralty) ARTIFICER. Summons against an ASSAULT. On officer or bailiff, summons to issue on complaint Order and enforcement Witnesses and costs Remittance of action for ASSESSORS (COUNTY COURTS ACT, 1888). Application for, to act with judge Assessors to be summoned if judge approve Consent to act Failure of one or more to attend Fees on adjournment to be paid forthwith List to be hung up in Court and office Objection to ; notices ; order of judge XXXIX XXV XI XXXIX XXII Lin xxxvn n XXV XXXIX XX Rule. "i 2 4 20 52 3 19-26 7 7 21 6 24 4 40 19 47, 65, 83 IV XXXIV xxxin XXV XXXIX LH xxxni XXI 14 1 48 11-14,23 15 11 13 3 9,10 Form. 14 149 134 134a 355 356-360 136 137 135 138-140 621 ASSESSORS (COUNTY COURTS ACT, 1888)— continued. Refusal of judge to summon ; notice to parties ... j Payment by party on application for Registrar at request of judge to frame list of Remuneration of Resignation of, how made ; on receipt of, name to be removed. Summons to ; form of Where proposed assessors not accepted ASSESSORS. Admiralty Actions Employers Liability Act, 1880 ASSETS. Executor or administrator may be charged with having wasted. Judgment were defendant has wasted On realisation of, receivers' accounts may be audited ... ASSIGNEE. Affidavit for leave to enter plaint Not entitled to issne default summons Particulars in prsecipe in action by ASSIGNMENT. Change of interest on ; order to proceed Interpleader where assignor disputes Particulars where assignee suing ASYLUM. Service of summons at a public ATTACHMENT OF DEBTS. Certificateof order of Court in which garnishee sued tobe sent Costs of Debts owing from firm Examination of judgment debtor as to debts owing to him Execution against garnishee Notice of payment to be given Order on trial Payment into Court by garnishee Proceedings against garnishee Proceedings when garnishee not within jurisdiction Refusal of judge to interfere in trivial cases Service of garnishee summons Service on a firm or company Where debt belongs to a third person ATTACHMENT. Discharge of person in custody by judge Discharge of person in custody by registrar ... Notice to show cause against, to issue three days after service of copy of order to be enforced. Orders enforceable by, what ... Order of judge for Service of, to be personal, unless substituted service ordered by judge. Service of copy of order for Service of sealed copy of order sought to be enforced Warrant of Order. Rule. XXI 8 XLIV 10 XXI 12 )J 1 6 )) 4,5 XXI XXXIX XLIV XXX xin XXV xxvii V VII XXVI XXV XXVI XXV 9,10 88-92 5-17 13 8 7 14 15 7 22 9 5, 10, 12 17 71 7 5 7,8 5 1 2 14 3 4 10 62 63 59 57 60 58 61 58 57-63 Form. 141 137 238 !(2) 160, 161 226-233 202 73,74 201 350, 351 350, 351 347 349 348 346 346 349 622 ATTENDANCE. ' Before examiner to produce documents Fining juror for non-attendance Fining witness for non-attendance Befusal to attend AUDIT OP RECEIVER'S ACCOUNTS. At any time before complete realisation of assets Interval between audits Of receiver's accounts, attendance of party not required at Of receiver's accounts, at close of proceedings AWARD. Precedent for, on reference Under Agricultural Holdings (England) Acts, 1883 to 1900 Enforcement of Setting aside BAIL. In Admiralty action BAILIFF. S«e HIGH BAILIFF. BAILIFF. Assault on, summons to issue on complaint Order and enforcement Witnesses and costs Neglect or extortion, summons for ... Order and execution BALLOT ACT, 1872. Applications under to be in writing ; rules as to inter- locutory applications to apply ; oral evidence only ; costs and scale of taxation in judge's discretion. BANKERS' BOOKS. Where may be inspected BANKRUPT. Certificate of an order of administration having been made Discharge of judgment debtor on bankruptcy or making of administration order. Not td be committed where receiving order made or debtor adjudicated. BANKRUPTCY. Defence of discharge by When action not to abate by reason of BANKRUPTCY ACTS. Where possession withdrawn on notice of receiving order... Where proceeds of execution to be held BARRACKS. Service of summons at BARRISTER. Notice of appearance by, not necessary Order. XVIII LH xvin XIII XL XXXIX LH XVI XXV X XVII n VTI LIV Rule. 20,21 7 25 37-49 15 45 44 42,43 15 1 36 35 19 8 Form. 145 126 134a 355 356-360 361,"'363 362, 364 193 85 172 171 m BENEFICIALLY INTERESTED. Conrt may order payment of money to parties Trustees, &o., may sue or be sued.without joining parties... BILL OF SALE. Interpleader where claimant claims under a BILLS OF EXCHANGE AND PROMISSORY NOTES. Persons may be joined as parties who are liable under any one contract, including parties to. Order that loss of bill be not set up as defence BILLS OP EXCHANGE ACT, 1855 (SUMMARY PRO- CEDURE ON). Application for leave to defend under section 2 Application for leave to set aside judgment under section 3 Bond Default summons Leave to defend ; notice of to be given Notice of trial Particulars of demand Plaint note, form of Substituted service of summons issued under Where leave given to defend BOND. Affidavit of sufSciency of sureties by Bills of Exchange Act, 1855, under Deposit of money in lieu of Execution of Officers not to be sureties On notice of objection to jurisdiction Plaintiff out of England and Wales ; bond for costs Receiver, by Replevin, in Security by To be deposited BOO^S. Bankers', inspection of •■• Of account in use in any trade, where may be inspected Of accounts to be ^Wmd/acig evidence Officers of Court not to sign for suitor To be kept by high bailiff To be kept by registrar • To be produced to treasurer BREACH. Of an order in the nature of an injunction , Of contract under which land held, damages for, may be joined with action for recovery of land. Of promise of marriage, action for, may be brought by consent, section 64. BRINE PUMPING (COMPENSATION FOR SUBSI- DENCE) ACT, 1891. Appeals under section 7 ; statement of grounds to be filed Plaint to be entered, and summons issued and served on board Practice, procedure, and costs in action applicable to appeals under section 7, Order. xin III XXVII III xn XXXV vn XXXV vn xx'xv XXIX xxix X V XIII xxix XVI XXIV II XXV IV Rule. 10 6 13 4 10 2 4 2 3 3 1 1 39 2 4 3 6 6 10 2 "i 5 15 15 8 13 18 2 12 57 1 Form, 42 25 40 41 26 21 40 42 82 16 303 287, 288 19 20 21 ''I 624 BUILDING SOCIETIES ACTS. Proceedings under Rules for winding up a society registered under the Order under Warrants of execution BUSINESS. What to be deemed a place of C. LEDGER FOR EQUITABLE CASH BOOK AND PROCEEDINGS. Entry of payments in CAUSES OF ACTION. Joinder of CERTIFICATE. For costs under section 119 Inferior Courts Judgments Extension Act, 1882, under ... Minute that certificate has been given to be made Of audit of receiver's accounts ... Of deposit of money Of deposit of security Of discharge of bankrupt debtor Of filing affidavit to be given Of judge that question of law likely to arise Notice of grant of Of judgment having been obtained Of order of Court in which garnishee sued Of payment by a prisoner Of payment, transfer or deposit under Trustee Act, &c. ... Of registrar, after taking accounts, &c., to be in writing, and presented to judge. Of registrar, to refer to judgment, not to set it out Contents of Notice to inspect When it becomes binding... Of taxation of costs That an order of administration has been made under , section 122, Bankruptcy Act, 1883 To lie in office for inspection Variation or confirmation of registrar's Variation or discharge, after becoming binding Where no application to vary, taken as confirmed CERTIORARI. Order for costs of day where rule not served or writ not lodged. Order. XLI VII xxxvn CESTUI QUE TRUST. Judgment against one Where others not to be served CHANGE OF DEFENDANT .. Rule. 12 10 Form. 167 168, 169 IV ... LIII 9 XLV 3,4 XXV 39 XTTI 8 xxxvn [ 21 XXV 44 xxxvni 15 X 6 XXV 29 XXVI 9 XXV 61 xxxvin 21 XXIV 27 )) 28 29 16 32 LIII 5 XXV 45 XXIV 31 11 33 35 34 m 25 n 23 XIV 4 430 234 337 334, 335 80,81 81 321 322 322 323 147, 148 625 CHANGE OF PARTIES. After judgment ; process issued by leave ... Alteration of records on change of ... ... Application to discharge or vary order ... Change or transGaission of interest Failure of person entitled to proceed •. Notice to registrar of change of title... ... Bules not to apply to cases under section 94 ... When action not to abate Where change of defendant or plaintiff's title Where person fails to proceed on death of plaintiff or defendant. Where several actions affected CHANGE OF PLAINTIPF , CHANGE OF SOLICITOR. Notice of ... CHARITABLE TRUSTS ACTS, 1853-1891. Proceedings under Attorney-General, proceedings by Effect of statement of Certificate of Commissioners, effect of ... Copy of proceedings to be sent to Commissioners ..., Fees, how calculated Fees, where income more than 101 Fees, where income not more than 101. Fees, where several charities join General practice of Court, when to be followed Notice of hearing , Notice to attend Order of Commissioners, effect of Orders of county court, forms of Persons entitled to appear Private persons, proceedings by Record ... ... Service by order of judge Service of summons and notice Summons Summons and notice Sureties, notice of Transmission of judge's note to Charity Commissioners and Attorney-General. Trustees' acconnts, registrar's duties as to CHATTELS. Appraisement and sale of High bailiff to take possession of CHOSE IN ACTION. Interpleader where assignment of, in dispute Particulars to be given by assignee CHRISTMAS DAY. No process to be served or executed on ... » Except a summons in rem or warrant of arrest in an ) Admiralty iiction. j Not to be computed in period Order. XXV XVII XIV LIV XLVUI XL VIII XL VIII II XXVII V LIV XXXIX LIV LIV Rule. 14-16 8 6 4,5 7 2,3 9 1 2,3 7 2,3 10,11 20 40 39 15 7 19 14 19 17 Form. 158-161 118,"ll9 115*," 116 117 352 3 ... 18 ... 18 ... 12 ... 16 ... 13 ... 14 ... 15 19 7 436 5 435- 18 ■ >> 438-441 17 ... 2 ... 1 437 9 ... 6 ... 4 434 8 • ■• 442 j... 8775 ? R 626 Form. CITY OP LONDON COURT. Return of judgments in ,,. CLAIMANT. In interpleader summons to proceed as if parties were plaintiff and defendant. Notice of claim by in interpleader to execution creditor ... To lodge particulars, &c. Under a bill of sale ... Where claimant in interpleader an infant Where claimant fails to comply with provisions of section 1 56 Where execution creditor does not admit title of CLAIMS. Allowance of debts or By or against an executor or administrator may. be joined By or against husband or wife may be joined Exclusion of, where claimant does not come in to prove ... Joinder of , by trustee in bankruptcy Joint and separate claims by plaintiflE Notice of allowance or non-allowance of Particulars in cases of account to contain a claim The grounds of each claim to be stated separately where more than one. To be sent in before adjudication What claims may be joined with action for recovery of land When further particulars of claim required ... Where joined separate trials may be ordered Where sent in after time fixed CLAIM FOR CONTRIBUTION, INDEMNITY, &c. Notice of claim to be given Where default in appearance of third party Where defendant claims contribution, &c., against other defendant. Where third party served with notice under Rule 1 of this order. any CLEAR DAYS. ■ Interpretation of words CLERK. To registrar may witness signature of defendant to admission. COLLISION. Notice of defence of compulsory pilotage in action for (Admiralty). Preliminary act in action for COMMENCEMENT OP ACTION. By plaint > Date of In Admiralty In Admiralty, notice to consul in certain cases COMMITMENT. In default or in lieu of distress for fine No commitment when adjudication of bankruptcy takes place after order of. Non-execution, notice of XXXVI XXVII V XXVII XXIV IV XXIV IV XXIV VI XXIV IV VI IV XXIV XI LV IX XXXIX XXXIX V VII XXXIX LII XXV II 1 ... 4 ... 1 5 ... 13 ... 16 7 ... 3 18 5 ... 4 ... 7 ... 2 6 19 ... 2 ... 6 ... 20 1 7 7 ... 21 ... 1,2 88 3 ... 6 2 ... 5 ... 32(3) ■ •• 32 1 2 4-8 8 ... 3 42, 43 359, 360 37 174 627 COMMlTMrnT— continued. Note or minute of order of, to be entered in Book H On a judgment of any competent court Order of, under Debtors Act, 1869, to be in force one year only. Return to, from foreign court Suspension of order of ; notice to debtor ■ To be issued by registrar Where order of, sent to a foreign court, indorsement on ... Where terms of judgment or order of, altered by another court. COMMITTAL. See ATTACHMENT. For contempt of court ; form of COMMITTEE. Lunatic may sue or defend by COMMONS ACT, 1876. Proceedings under s. 30 to be by plaint and summons ; particulars of demand. COMPANIES ACTS. Proceedings in County Courts for winding up a society under COMPANY. Indorsement of service or non-service on copy summons ... Notice of doubtful service on Praecipe where company defendant Service of process on a firm or -j Service of process on a railway COMPENSATION TO SEAMEN COMPROMISE. Approval of, in trust proceedings COMPULSORY PILOTAGE. Notice of defence of, to be given COMPUTATION OF- TIME CONCURRENT WARRANTS. Of execution against the goods CONDITIONS OF SALE. By whom to be prepared CONDUCT MONEY. Person producing any document before examiner to be entitled to, same as at a trial. CONDUCT OP ACTION. Judge or registrar may order whp to have CONDUCT OF SALE. In partition action Of real property Of personal property -J Order. Rule. XXV XXV 36 30.46 46 XXVIII XXV II XXV 2,3 46, 47 4 4f 40 LII 8 III 12 L 9 XLI 12 II V XXVI VII )> 23, 26 . 26 5 4 27 27 LIII 42 III 9 XXXIX 32(3J LFV 17 XXV 18 XXIII 17 XVIU 22 LIV 11 IX XXIJI II XXJJI 11 17 38 21 Form. 189 187, 191 175 19U 188 186, 190 365-367 32 33 8775 ?R 3 628 Order. Rule. Form. CONFESSION. By defendant in action to recover land ... , May be made of amount of plaintiff's costs and Court fees, Of debt, when to be made, s. 98 CONSENT. Of assessors to act, B. 103 Of parties to try action, s. 64 Of person to become a plaintiff Of added plaintiff must be in writing To accept instalments on default summons To act as trustee To judgment, s. 99 Costs... Under s. 98 ...' / CONSOLIDATION OP ACTIONS. Application for Imposition of terms In Admiralty CONSUL. Notice of commencement of action to be given in certain cases to (Admiralty). CONTEMPT OP COURT Committal for ; form of CONTRACT. Damages for breach of, may be joined with action for recovery of land. " Persons may be joined as parties who are liable under any one. Remitted action of Where several actions brought by different plaintiffs agamst same defendant for breach of. where several actions brought by same plaintiff for same cause against several defendants. CONTRIBUTION, CLAIM FOR Notice of claim to be given Leave of court, when required Where default in appearance of third party Where contribution, &c., claimed against another defendant Where third party served with notice under Rule 1 CONYETANCING CODNSEL. Judge may order form of deed to be settltd by Where conditions and contracts of sale to be settled by ... CONVEYANCE ON SALE CO-PARTNERS. Application for names of firm in action by or against firm... May sue and be sued in name of firm COPIES. Of documents referred to in af&davits may be taken by defendant or his solicitor. Of entries in lieu of inspection of books Office copies of documents (Admiralty) Prepared by registrar IX XXI V XIV IS LIII IX vni xx'xix XXV LII IV III xxxni vin XI XXIII III XVI XXXIX II 2 2 2,3 2 19 "i 14 2 1 4 53a 59 8 1 4 1 >2 17 15 14 13 19 87 7 256, 274 65^*68 122 24 332 69, 70 59 365-367 280, 281 1 88 1,2 88 1,6 3 ... 6 2 ... 16 17 ■ ■• 629 Order. Rule. Form, COPYHOLD. Tenant may apply for limited inspection of Court rolls ... CO-EESIDUARY. Where service upon co-residuary devisee or co-heir un- necessary. CORPORATION. Interrogatories may be delivered to any member or ofiBcer of a joint stock company, or Judgment against, when enforceable by attachment against directors or officers. Service of process may be made on clerk, &c., of Or as directed by statute COST-BOOK COMPANY. Charging order on interest of member Notice of application to be served on purser COSTS. Allowances to scientific witnesses Any party dissatisfied with taxation may object in writing before allocatur signed. Apportionment of, against separate defendants BUls of, form Bond for, when plaintiff out of England and Wales ..i Certificate for, under s. 119 ••■ Compensation to seamen detained on shore ... Consent, where jurisdiction given by Contents of a folio Conveyancing charges on sale of real property Counterclaim raised and tried ; scale of costs Creditor refusing to comply with Rules 15, 16, Order XXIV., no costs to be allowed. Defendant may confess amount of plaintiff's costs and Court fees. Defendant's costs ; " recovered " to be rend as " claimed "... Delivery of biU of Order for delivery of bill to client where costs to be paid out of any fund or property. Discretion of registrars as to allowance of Discretionary fees and allowances Disallowance, if not sanctioned by scales Of costs unnecessarily or improperly incurred Disallowances, where bill reduced by one-sixth Disallowance of solicitor's costs, where particulars not signed Discontinuance, defendant's costs prior to ' ... Ejectment ; allowance of special items in ... Employers' Liability Act ; special items ■Equi|table proceedings ; allowance of special itetng... ' ... Equitable proceedings ; where subject matter does iibt exceed 201., judge may order taxation under Column B. Estate, costs out cS ; order when necessary for ... ' ..'. Execution for, against'plaintifE in action for recovery of land Fund or propOTy, when costs to be paid out of General jurisdiction of Court on trial In action against executor or administrator, where defend- ant fails in his defence. ' In adtion by executor or 4dministrator, where plaintiff fails XVI III XVI XXV VII XXV )) LIII V LIII XXIV IX LIII 17 VI IX LIII XXV - LIII XXII' XXX 6 ■ 3 26 26 12, 13. 43' 5 24 4 10 9 42 14 27 28 16 17 18 2 36 21 23 20 22,23 35 9 1 12 " 30" G5-67 36 ^ l.n' 12 -i- ' 630 COSTS —continued. In actions for recovery of tenements In Admiralty actions In cross or second action in Admiralty In disclaimer, admission, &c In proceedings by and against executors and administrators In replevin Injunction, scale where claimed Inquu-ies as to partiBular shares interpleader proceedings, costs of Judge may make such order as to costs as he may think fit May be apportioned where separate judgments No costs allowed where solicitor fails to indorse particulars Notice of taxation may be posted Objection to taxation of Occasioned by non-production of documents Of advertisements Of affidavit when not in conformity with rules Of affidavit containing unnecessary matter ... Of application for any matter which could have been included in general application. Of concurrent warrants... Of copies of documents Of creditor establishing debt Of discontinuance Of enforcing judgment under section 5 of Debtors Act, 1869 Of entering plaint by solicitor Of garnishee proceedings Of improper interrogatories ... Of interpleader transferred from High Court Of judgment summons Of married woman on obtaining judgment ... Of notice to admit or produce Of paying trust money to be taxed Of plaintiff or solicitor where admission by defendant Of proving documents ... Of third person in garnishee proceedings Of warrants Of witnesses On admission of plaintiff's statement On change of defendant On default of appearance of judgment creditor On non-appearance of either party On sale of real property, ordinary charges to be made Particular costs, allowance of by special order, on applica- tion made at or immediately after hearing. Payment by or to counter-claimant Payment into Court, further costs after ■] Plaintiff not to be allowed costs after service of notice of admission. Plans, &c., allowances for ... ... Prior to receipt of notice of admission in discretion of taxing officer. Questions of costs between a third party and other parties Remitted actions ... Review of taxation of ... Rivers Pollution Prevention Acts, costs under Scales of In special proceedings Security for Order. lilll XXXIX X XXX XXXIV LIII XXII LIII VI LIII XVIII LIV XIX XV XXV II XXIV IX XXV VI XXVI XVI xxxni XXV xvin xxxvin IX xvni XXVI XXV LIII IX XIV XXV XXX LIII IX XXVI IX LIII IX XI LIII XVI Rule. 13 109-113 52 9 "e 11 31,32 15 13 24 9 3 5 5 9 5 2 4 18 7 22 1 53, 54, 5(' 9 5, 10, 12 4 17 52-54, 50 4 8 11 5 9 10 19 37-44 5 4 52 2 28 7 16 Form. 1! 44 6 1, 6, 47 45 1 11-14 22, 23 64 77 631 * Order. Rule. Form. COSTS— coniMHicrf. Set-off of costs LIII 34 ... Solicitor appearing in person ... .'. )J 25 ... Solicitor's, when counsel allowed before arbitrator, &c. LIII 10 Solicitor's, when counsel employ ec^ but not allowed LIII 26 ... Solicitor's on judgment summons XXV 53 Special actions, scale in LIII n Taxation of, generally 5) 1-0 Taxation as between solicitor and client )) 46 ... Taxation of, under Employers' Liability Act, &c LIII 8 Taxation under Married Women's Property Act, 1882 XLYI 2 Title, actions in which in question LIII 8 ... To be paid by foreign bailiff for neglect to return copy II 29 ... summons. Transfer of actions commenced in different Court VIII 9 ... Travelling expenses of witness LIII 39 ... Trustees may be ordered to pay costs XXXVII] 25 Undertaking for, by solicitor V 10 17 Unnecessarily incurred LIII 22 Unnecessary and vexatious matter 5> 33 When costs allowed to solicitor on judgment summons XXV 53 Where next friend, undertaking to pay ... V 16 Where admission made by defendant, plaintiff may have IX 5 .A costs of attending on day of trial. Where garnishee admits debt and pays amount into Court... XXVI 5 Where defendant fails to comply with notice for production XVI 13 of documents. Where defendant ha'S delayed delivery of confession IX 2 •■* Where defendant unsuccessful, occasioned by joining any III 1 ... person. Where infant suing V 16 ]5 Where judgment in favour of defendant in selected action VIII 5 ... Where neither plaintiff nor defendant appears on default XXII 7 ... summons. Where no costs are to be allowed on a judgment summons XXV 54 ••• Where objection to admission of documents XVIII 9 ... Where party dissatisfied, objections to, to be made in LIII 5 writing. Where party suing in a fiduciary or representative character M 29 .*. Where person made a party III 26 • d Where plaintiff accepts part or whole in satisfaction of claim IX 15 ... under section 86. Where plaintiff does not appear XXII 5,6 149 Where plaintiff recovers less than claim LIII 17 ... Where separate trials ordered IV 7 Where solicitor from a distance employed ... Lin 22 ... Witnesses, allowances for attendance LIII 37 Plaintiff only entitled to travelling expenses n 38 ... Travelling expenses of J) 39 ... Witnesses not summoned J) 41 ... COUNSEL. Judge may order form of deed to be settled by con- XXIII 16 ■ *• veyancing counsel. No notice of employment of, required LIV 8 • X Registrar may order conditions, &c., of sale to be settled by XXIII 17 • •• conveyancing counsel. 632 COUNTER-CLAIM. Any party may apply at any time before trial for directions respecting particulars of claim or. Costs, scale of, where counter-claim tried Defence of, to have sime effect as a cross-action ... Defendant by, may file and deliver notice or particulars of any sjiecial defence under Order X., Rule 10. Disclaimer, admission, and other statements by defendant Judgment on, form of Judgment may be set aside upon application, same as under section 91. , Judgment on, "where plaintifE does not appear May be tried by an independent action May proceed notwithstanding action of plaintifE is stayed, &c. Misjoinder of plaintiffs not to defeat set-off or Notice of Objection by plaintifE under section 18, 47 & 48 Vict. c. 61, to County Court giving relief on. Particulars to be given Payment by plaintifE in answer to When a person brought in does not appear at trial Where counter-claim affects other persons ... Where defendant intends to rely on Where defendant intends to rely on, notice of to be given Where defendant pays into Court a sum admitted to be due after deducting a. Where defendant seeks by way of, to recover specific property other than laud. Where iu answer to, plaintifE intends to rely upon special defence. Where in any action a set-ofE or counter-claim is estab- lished, judgment may be given for balance found due. Where one of several persons jointly answerable is sued, defendant or defendants may adopt any defence or. Where plaintifE is defendant by, he may file statement of disclaimer, admission, &c. COURT. Interpretation oE word ... Metropolitan Courts, when to be considered as one district < COURT AND OFFICES COURT ROLLS. Limited inspection may be made COURT, SITTINGS OF. Additional and adjourned ... ... Appointment of Notice of alteration of days to be affixed No two courts to be held before same judge in one day ; not to apply to adjournments. COVERTURE. Defence of Where judgment obtained on ground of CREATION OF TITLE. See CHANGE OF PARTIES. Order. XV X\'I X XXV Rule. LTII 16 X 2 XIV 12 ... X 9 XXII 22 15^ n 8 •• )) 8 20 19 ... X 8 J) 10,22 3 84 78 11 84 IX 16 ... XXII 21 • >• X 22 10,22 84 11 84 IX 17 ... X-II 7 ... X 21 ... xxn 22 152 X 7 ... )» 9 ... liV V ii ... IX 22 XXV 26 . .. 17 13 4 Form, 8.5 633 CREDITORS. Advertisements for, in administration suit ... Costs of establishing claims Date for sending in claims Sending in after time fixed Holding security to produce same Interest allowed to, in administration actions Need not prove unless required Notice of allowance to be given to e.very creditor Or other person may be required to attend and prove claim Refusing to comply with Rules 15, 16, Order XXIV., to have no costs. Where claim omitted to be sent Where claim sent in after time fixed CROSS ACTION. Defence of set-off or counter-claim to have same effect as a ' In Admiralty CUSTODY. Discharge from, by judge only Discharge from, by registrar... notice of application for Registrar to have custody of securities CUSTOMARY HEIR. Representation of, when unknown D. DAMAGE PEASANT. Action of replevin for Where defendant entitled to a return in DAMAGES. ■ And costs on application for injunction Claim of damages in interpleader by execution creditor against high bailiff. For breach of contract under which land is held may be joined with action for recovery of land. On claim in interpleader from execution creditor or high bailiff. Payment into Court of, under section 157 DATE. • And duration of warrants of execution against the goods... Of commencement in action Of commencetnent in Admiralty action DEATH. Action not to abate by reason of the death of any of the parties. Leave to issue execution where change after judgment by Several iictions or persons joined in one application DE BONIS PBOPRHS. Judgment Order. Rule. XXIY 13 22 20 21 15 24,25 J) 14 19 18 17 20 21 X 2 XXXIX 52,53 XXV 62 V 63 II 16 III > 18 XXXIV 3 )» 5 xxn 16 XXVII y IV 1 XXVII 8 » 10 XXV 6 VII 2 XXXIX 4 XVII 1 XXV 14 1) 16 XXX 1-12 Form. 320 319 351 351 350 158 159 634 DE BONIS TKSTAT0RI8, SI, &c. Judgment DEBTORS ACT, 1869. Costs of enforcing a judgment under section 5 of ... Judgment summons must be served personally Order of commitment to be in force lor one year only DEBTS. Allowance of debts or claims Confeasio7i of, or consent to, section 98 Excess may be abandoned Notice of allowance or non-allowance Payment of, by instalments DEED. By whom to be prepared , DEFAULT. Execution may issue unless otherwise specially ordered . DEFAULT SUMMONS. Interpretation of words Affidavit and copy to be delivered to registrar Assignee not entitled- to, issue .. . Affidavit for leave to issue out of district Affidavit of debt for summons within district Bills of Exchange Act, 1855, under Consent of plaintiff to accept instalments Death of party after service x Exchange of default summons Form of If to be served by solicitor Letter with summons for service out of district Leave to proceed as though service effected Limitation of time for signing judgment May be exchanged within two months of issue May be served in any district No order of judgment by default to be served Notice of service or non-service to be given Pergonal service required Prsecipe for Service of, in foreign district Service of Service on firm Service on corporation When may be struck out Where neither plaintiff nor defendant appears Where payment not required forthwith DEFENCE, SPECIAL. Amendment of notice of special defence Any new fact or document may be given on notice Any party may at any time apply before trial respecting a special defence. Defendant may file and deliver amended notice of any special defence. Disclaimer, admission, &c., by defendant In an action for libel or slander -j In actions for recovery of land Order. XXX 62-54 25 n 46 XXIV IS IX 2 VI 1 XXIV 19 xxin 11-14 XXIII XXV LV VII III V VII V VII V II VII xxin II VII a VII XXII V XIV X XV XIV X XXXIII X Rule. 4-12 Form. 16 34 8 13 14,15 2 19 37 38 2 9 5 34,39 36 38 33 8 31 30 "5 30-38 31 32 35 7 19 1 9 1 12 37 9,'lO 11,12 25 24 23 28 46 35,36 "7 9 16 4 4,5 635 DEFENCE, SPECIAL— coHiwmet?. In mitigation of damages in libel or slander Justification in action for libel or slander ... Limitation to part of property Misjoinder of plaintiffs not to defeat counter-claim Notice of, to be given Objection to jurisdiction of Court, under sect. 62 ... Of Bankrupt or Insolvent Act, discharge under Of counter-claim... Of coverture Of equitable relief Of infancy Of set-oS and counter-claim Of statute of liniitations Of tender Statutory defence when defendant relies upon any Where one of several persons jointly answerable Where plaintiff is defendant by counter-claim Where plaintiff sues on behalf of others DEFENDANT. Amendment of name and description of Application for injunction to restrain Change of Judgment against, in selected action May file and deliver an amended notice Proceedings on discovery of unknown (Admiralty) Service of notice on (Admiralty) When out of jurisdiction Where added or substituted, notice to be served ... < Where claim to contribution, &c., against a person not a party. Where default summons issued and defendant appears and the plaintiff does not. Where default summons issued and defendant does not appear. Where defendant to be examined as to debts due to him ... DEPENDANTS. Actions for same cause against several All defendants joined need not be interested in relief prayed for. Joinder of, where person to be made defendant is doubtful Joint and several Judgment summons where several defendants One may defend on behalf of others ... ... Where all, have not been served '.. DELIVERY OF GOODS. Judgment for Warrants for ... DEMAND. Of,jury Particulars of, in cases above 40s. to be filed ; where demand exceeds 50?. DENIAL OF LIABILITY. Payment into Court with ; or notice thereof Tender and payment into Court in Admiralty with XIV XXII XIV VIII XIV XXXIX )) VII XIV XVII XI XXII XXV VIII in XXV III XIV XXV XX VI IX XXXIX Rule. Form. 17 IG 5 8 10 G 15 10, 21, 22 13 19 12 2,11 14 20 18 7 9 1 16 4 6 12 59 60 41-49 2, 4, 11 7 7 71 7 3 5 2 25 69,70 "I 1,2 1 12, 13, 19 74-80 85 84 85 85 84 85 85 85 84 85 85 85 47-49 94 95 96-98 292, 296 293-5, 297-8. 75 387-389 636 DEPOSIT. Acknowledgment of payments and deposits Certiflcate of, of money Certificate of, of seourity In interpleader, of value of goods claimed or costs of possession. In lieu of security Notice to plaintiff from registrar Security for costs by solicitor Security under Trustee Relief Acts, &c. ' Where defendant resides more than 20 miles from court ... DEPOSITIONS. Evidence of persons using them How taken before examiner Of persons ordered to weigh, inspect, &c Of witnesses before trial Original, signed by examiner to be transmitted to registrar to be filed. When to be given in evidence ... DEPUTY REGISTRAR. Absence of, from Court Appointment of Not to act as agent to parties Not to be surety DESCRIPTION. To be given on entry of plaint Where insufficient or incorrect... DETENTION. Of goods by high bailiif Of personal property DEVASTAVIT. May be charged in summons ... ... ... ... ... Judgment where charged DEVISEE. To produce pedigree if required DEVOLUTION OF INTEREST. Change of defendant on Change of plaintiff on , DIRECTIONS. Any party may apply to judge for Application by persons under disability Application by third party for Application may be made for further Application to discharge or vary order by person not a party As to conduct of action, for Costs where application could have been included in Hearing of application for Notice of application for When day of trial or hearing not fixed by order DISABILITY. Action not to be defeated by misjoinder Persons under, how consents given , Order. II XXXVIII XXVII XXIX XII V XXXVIII XII xvni XI xvin II XXIX V XIV. n XXX XXIV XVII 3 11 •2 XV 1 XVII 7 XI 4 XXIV 37 XVII ■.. 16 XI 4 XV 4 3 .2 5 XIV 2" III 13 Rule. 11 21 7 4 9 10 18-22 9 17 26 4 18 29 31 1 1 13 6 4 7,8 39 38 3 4,10 16 Form. 234 337 91 337 9u 238, 246 100 ', 99 637 DISCHARGE. At request of judgment creditor Of bankrupt judgment debtor Of person in cust6dy by judge only (other than under the Debtors Act, 1869). Of person in custody by registrar (other than under the Debtors Act, 1869). On arrest On payment in prison DISCLAIMER. Defendant may file a statement disclaiming any interest ... DISCONTINUANCE. Of action ; notice of, and costs on Stay of subsequent action till payment of costs Where action stayed, &c., counter-claim may proceed DISCOVERY. In action against high bailiff aflBdavit in answer to order of, discovery to be made by officer engaged. In aid of execution ; costs of application Infants compelled to give Non-compliance with order for Not bound to be made until after payment of security for costs. Objection to ... Of documents Premature application ... Security for costs DISMISSAL. "Where action dismissed, counter-claim may be proceeded with. DISOBEDIENCE. Notice of , to be served personally except by leave To order of attachment Warrant of possession not to issue until disobedience to order proved. DISTRESS. For rent, &c Illegal distress, remittance of action for DISTRINGAS. For delivery of goods .. DISTRICT. Metropolitan Courts to be one district for issuing judgment summonses. Several districts of metropolitan Courts to be considered j for certain purposes as one. 1 DIVIDENDS. Registrar to receive, and re-invest same and apportion the amount. DOCUMENTARY EVIDENCE. Taken at trial, use of, in subsequent proceedings Order. XXV IX XXII XVI XXV 71,72 XVI 25 )J 21 » 23 )J 11 )J 10 9) 20 )I 22,23 XXII XXV XXXIV XXXIII XXV XXV V VII IX XXXVII XVIII Rule. 50 44 62 63 48 49 1 1 19 18 19 58 58 68 3,4 1 69,70 26 12 29 22 Form. 196, 197 194 -^ 350, 351.T 350, 351 3'95 83 63 106, 107 297 12 638 DOCUMENTS. Admission of Affidavit as to Affidavit in support of application for inspection Copies of, in Admiralty Copies of, how made Defendant may state any new fact or document Discovery of Erasure, blotting, or interlineation in Failure of witness to produce, at trial Filing and sealing of Impounded documents, custody and inspection of Inquiry as to present or past possession of ... Inspection of Judge or registrar may at any time order production of ... Judge to consider offers to produce Non-compliance with order for discovery or inspection of Notice to admit or produce Costs of unneoessai-y notice Notice of rejection of imperfect document to be given by Eegistrar. Notice to produce Objection to discover Privilege, claim of Production of, before examiner Production of, from proper custody may be read without proof. Production of Sealing of Summons to witness to produce To be distinguished by number of plaint and letters Where unstamped or insufficiently stamped DOUBLE VALUE Claim for, may be joined with action for recovery of land DOUBTFUL SERVICE. Of ordinary summons Of summons in foreign district DUPLICATE. Of lost or destroyed warrant, order, &c Of plaint note , DUTY. Legacy, succession or estate, must be paid before execution of order for payment. DWELLING. Or place of business, service of summons at Where judgment debtor about to remove from, judgment summons may be issued at any time before hearing. EJECTMENT Action of, to be so distinguished Confession in action of Enforcement of judgment, by warrant of possession Order. XVITI XVI XXXIX II X XVI XIX XVIII LIV XXV XVI XVIII XIX XVI xvin XVI LIV XVEII n xvin IV II LIV VII II VII XXV V IX XXV Rule. 6 11 16 87 7 9 10 9 5 13,14 73 19 13-16 12 3 21 6,7 8 14 14 11 19 20 9 12 14 3 3 10 25 6 26 1 14 10 32 Form 107 106 108-111 108 111,112 109 108 124 3 7 64 256, 274 263-265 639 Order. Rule. Form EJECTMENT— cowilinMcc?. Execution for costs against plaintiff in action of Execution on judgments iu Expiration of title before return day Joinder of claims with action of Judgment in, enforced by warrant of possessioQ Judgment in, forms of Jury, at instance of either party Mortgagor and mortgagee, notice of payment into Court ... Orders to re-convey Notice by defendant limit defence to part of property One or separate warrants for possession and costs ... Orders in, forms of Particulars Summons Service of Trial may be with jury Warrant of possession, forms of Not to issue till disobedience to order proved Where any person not named as defendant may, by leave, appear in action of. Withdrawal of action, notice of EMPLOYEES AND WORKMEN ACT 1875, 38 & 39 Vict., c. 91, s. 3. Jurisdiction under EMPLOYERS' LIABILITY ACT, 1880. Assessors under : Allowance to, when services not required Application for Applications to be forwarded to judge Appointment of, by judgOj Failure to attend Qualification of Remuneration of To sit with judge Judgment and execution where several plaintiffs Jury, notices and summons Particulars of demand Service of summons ENFORCEMENT OF JUDGMENTS AND ORDERS ENGLAND (AND WALES). Where plaintiff resides oTit of Where plaintiff temporarily resident in Where defendant resides out of ENLARGEMENT. Of times fixed by rules ENTRY. Of judgments and orders Of plaints ] XXV XXIII IV XXV XXII X XXV VI V VII XXII XXV X XLIV XXV V VII LIV XXIII V 67 65 15 1 64 !3 66 -I 3 3 68 4 16 6-8 9 10,11 12 5 13-15 17 18,19 4 2,3 1 10 11 41-49 12 1,2 1 12 257-261, 266, 267, 270, 271, 273, 275 ■ 276 277, 278 255 262," 268, 269, 272 252 263-265 254 253 432 136, 138 137-141 142-144 47-49 640 EQUITABLE DEFENCE. Statement to show concisely grounds of EQUITABLE EXECUTION. Appointment of receiver by way of ... Fees and costs EQUITABLE PROCEEDINGS. And see TRUSTEE ACT, 1893. Commenced by petition Costs where subject-matter does not exceed £20 may be given on Scale B. Facts to be proved by affidavit Inquiries may be directed by judge Notices of day of hearing Order to be drawn up by registrar Payment into Court Persons to be served to be specified in petition Service of petitions and notices Transfer to Chancery Division during progress of action Transfer during taking of accounts EQUITY PROCEEDINGS BOOK. Entries to be made in ERASURE. In aifidavit ERROR. In name or description of defendant, amendment of In name or description of plaintiff, amendment of ESTATE DUTY. Must be paid before execution of order directing payment or transfer of funds. EVIDENCE. Affidavit, proof of particular facts by After trial Special directions as to taking As, to creation of trusts to be left with registrar .. Attendance to produce documents > Books of account to be By-affidavit where creditor or debtor not resident in district Notice to adinit or produce documents Of Eidmiasions Oral • Practice on taking Taken before examiner When depositions to be given in EXAMINATION. Before examiner and production of documents Costs of proceedings under Order XXV, Rules 5, 71 Disobedience to order for attendance Examiner to be supplied with copy of documents ... Failure to comply with subpoena On conclusion of, depositions to be filed Of defendant as to debts due and owing to him Of married woman interested in fund Order. X XIII xxxvin Lin xxxvm xxxin xxxvin XIX XIV II xvni xxxvm XVIII XXIV XXV XVIII IX XVIII ■ XVIII XXV XVIII XXV XXV XXXVII Rule. 19 13 14 1 12 5 6 3 8 9 2 4 5 6 22 9 14 2 13 15 12 20 8 37 7 9 1 14 20,21 31 20 72 21 71 23 26 29 71 5 Form 85 341 331 331 132 641 EXAMINATION— coKiiwed. Of witnesses before trial j Oral Payment of expenses of person attending Where dif&oulty arises, judge or registrar may order exam- ination of any party. Where witness out of jurisdiction of court, registrar of • court in district may take. Who may be present at EXAMINER. Attendance before Conduct-money and expenses same as at trial Depositions how to be taken — to be signed Disobedience to order for attendance Neglect to attend or to comply with subpoena Original depositions to be signed by examiner and filed by registrar. Power of, to administer an oath Registrar may be appointed an Special report may be made by To be furnished with copy of documents Where witness objects to answer Witness may be ordered to pay costs under Rules 26, 27, Order XVm. EXCESS. Abandonment of excess of claim over £50 EXCHANGE. Of default summons EXECUTION, WARRANT OF. Account of sale of goods Against a corporation Against a firm Against a public ofBcer ,- Against a shareholder Against a vessel (Admiralty) And entries of warrants to be made Appraisement, not until fifth day of possession Concurrent warrants of Date and duration of warrants agaiust the goods For delivery of property For fine under section 48 G-arnishee, against Inferior Courts Judgments Extension Act, 1882, under ... Insufficient distress, return of , Inventory and notice of sale of goods removed Leave to issue, required where no payment on judgment for two years. May issue on a day to be named in judgment May issue where default made Notice of claim to execution creditor On judgments Plaint note to be produced before issue of warrant of Private sale, by order List of executions to be delivered to applicant ; practice and procedure. Order. XV xvm XXY XVIII xvm xvni Rule. 1 18 1 22 5 19 24 20 22 25 21 26 29 32 19 30 23 27 Form. 132 132 I) 28 VI 1 VII 38 XXV 23 » 3 n 11 14-16 )) 14-16 XXXIX 64-69 II 33 XXV 21 V 18 6 69,70 Ln 3 XXVI 7 XLV 10 XXV 22 )) 10 » 65,67 8 XXVII 1 XXV 65,66 }} 7 n 24 )j 24 293-5 357 202 431 358 170 8775 i fci 642 EXECUTION, WARRANT OF— continued. Proceeds held for 14 days under Bankruptcy Act, 1890, section 11, subsection 3. Receipt for money levied Registrar to deliver notice to bailiff with warrant of iSale of Goods Act, 1893, s. 52, under Separate warrants of, may be issued Separate executions for money recovered and costs Transmission of proceeds of, from foreign districti Warrant of, to be indorsed When leave required for issue of Where death of plaintiff or defendant \ Where difficulty arises in Where husband entitled or liable to Where levied upon garnishee Where money paid into Court under an execution or order prior to application for new trial. Withdrawal on notice of receiving order EXECUTORS AND ADMINISTRATORS. Costs Devastavit may be charged in summons Judgment on defendant's admission Judgment where defendant fails in any of his defences ... Judgment where devastavit charged Judgment against ; special forms Judgment on a devastavit since judgment May sue and be sued without joining parties beneficially interested. Payment into Court by, of assets ijpecial judgment against Summons to, where assets have come to hand since judg- ment. To appear alone on claim of perso.i not a party Warrant against goods of testator or intestate Where defendant fails as to his defencei Where plaintiff fails When claims by or against may be joined with personal claims by or against. EXPENSES. Of witness \ EXTORTION. By bailiff ; summons for Order and execution Order. II II XXX III XXX n III XXX IV XVIII LIII Ln FACTORY AND WORKSHOP ACT, 1901. Applications under section 14 to be by plaint and summons ; |>articulars. Rule. 35 166 XXV 17 298 XXV 66 ») 9 XXVIII 2 ... XXV 17 162 10,11 *•■ XVII 7 ... XXV 14 ... 11 5 14 ... XXVI 11 • ■• XXXI 1 ... 36 1,2 3 11 12 4 4-10 10 6 11 4-10 10 34 12 1 5 22 39,40 34 Form. 171 172 238 238-246 246 238-244 244 245 361, 363 362, 364 643 Order. Rule. Form. FAIR. Action in which title to, comes into question not within V 2 ... jurisdiction of Court, except by agreement between the parties. FALSE IMPRISONMENT. Remitted action for xxxni 1 ... FAST DAT. Not to be computed in period ■ LIV 17 • •• FEES. Court, defendant may confess amount of IX 4 • •• Court, payable after notice of defence given }} 15 • •• Discretionary fees and allowances Lin 23 >■■ Of assessors, on adjournment to be paid forthwith XXI 13 ■ ■• Payable on arbitration ... XX 1 ..• Payment into Court before judgment IX 12-14 ... Where plaintifE recovers less than he claims LIII 19 ... FIDUCIARY POSITION. Costs of person in I) 29 ... FILING. Indorsement of, on affidavit under Trustee Relief Acts, &c. XXXVIII 13 ... Of affidavit XTX 7 ... Of depositions before examiner xvni 29 • •• Of documents LIV 13 ... FINANCE ACT, 1894. Appeal to be by petition xLn 4 ... Appeal by leave without payment of duty » 10 ... Estate duty, proceedings under section 14 for determination }} 12 ... of disputes to be by plaint and summons ; particulars of demand to be filed. Evidence to be oral, unless by consent or order of judge ... )} 7 ... Grounds of appeal, to be delivered by aggrieved person to )» 2 ... Commissioners. Grounds of appeal, limitation of J) 6 ... Interrogatories, discovery, &c., by Crown )J 8 ... Order on petition to be drawn up, sealed, and filed by registrar. Petition, amendment of, by leave of judge »» 11 ... }} 9 ... Petition, to be filed by appellant ; title and service of }} 4,5 ... Reply of Commissioners to appellant's statement of grounds J) 3 ... of appeal. FINE. For assault on bailiff ; order and enforcement LU 3 356-360 On juror for non-attendance ; not to be enforced for )} 6 ... fourteen days ; remission of. On witness, enforceable by distress and sale under execution. 1J 7 126-129 or imprisonment in default of or in lieu of distress. Non-payment to be reported by registrar to judge )> n • •• Payment by instalments ; proceedings in default of pay- » 10 ... ment of instalment same as if default made in payment of all instalments remaining unpaid. FIRM. Application for names of III 16 ... Attachment of debts owing from XXVI 17 ... 8775 ?&i 644 "ETSM^continued. Execution against Judgment summons on judgment against Partners may sue and be sued in name of Where business of firm carried on by one person ... "Where a firm garnishee, service to be same as on ordinary summons. FOLIO. To comprise seventy-two words FORECLOSURE. Judgment for Judgment where debt under 50/ Order for reference Order for sale Order where immediate sale directed Particulars Parties beneficially interested need not be joined Possession, claim, for, may be joined FOREIGN COURT. Interpretation of words Notice to high bailifE of complaint Notice to high bailifE of order for neglect Warrant to registrar of, under section 158 Notice of non-execution Return and certificate FOREIGN DISTRICT. Doubtful service in Entry of warrants to be executed in Interpretation of words Non-execution of warrant in Service of summons in Of judgment summons in Transmission of proceeds of warrants from Where return of service of summons to home court not made, bailifE may be ordered to pay costs. FOREIGN EXECUTIONS. Certificate of payment into foreign court under order of commitment. Entry of warrant by registrar of foreign district Transmission of proceeds of FORMS. No matter to be added to or taken from any form in Appendix. Sufficient if notice substantially complied with Where no, are provided in Appendix FRACTION. Of a penny not to be entered in books FRANCHISE. Action in which title to, comes into question not within jurisdiction of Court except by agreement between parties. Order. XXV XXV UI XXVI Lin Rule. VI ni IV LV n II xxvni n xxvin LV n xxvin II xxvin LIV VI 11 27 14 17 4 25 29 37 2,3 6 1 37 5,27 28 2 29 23 16 22 Form. 182-4, 190-1 309 312 307 308 310 311 353 354 173 174 175 31 173 174 175 645 Order. Bule. Form FRIENDLY SOCIETIES ACTS, 1875-1896. Proceedings under Order, form of ... Warrant, form of FUNDS, SECTIONS 67, 69. When and how to be paid FURTHER DIRECTIONS. Application to judge for FURTHER PARTICULARS. Notice by defendant for GAOLER. Payment to To discharge prisoner on notice from registrar GARNISHEE. Acceptance of money paid into court by Affidavit for leave to summon Application by judgment creditor where money is paid into Court under judgment or order obtained by debtor against third person. Certificate of order made against Execution against Judgment against Costs Notice of payment to be given Order on trial Payment into Court five clear days before return day, no costs to be incurred. Notice of payment into Court by Payment out of Court of money paid in by ... Proceedings against When not within jurisdiction Service of garnishee summons Service on, where a firm or company Summons on, form of Where garnishee's debt is due under a judgment obtained against him. Where debt belongs to a third person or there ia a lien thereon. Where garnishee discharged as against judgment debtor ... Where judgment against defendant he may be examined as to debts due, owing, or accruing to him. GAZETTE, LONDON. Advertisements for GENERAL PROVISIONS GOOD FRIDAY. No summons or other process to be served or executed on... Warrant of arrest (Admiralty) may be executed on When not to be computed in period XLI XXXVII XXIV VI XXV XXVI XXVI XXV LIV XXXIX LIV 37 7 49 • X 50 ... 5 76 1,2 198 16 ... 9 7 202 7,8 201 5, 10, 12 ,, 5 73,74 7,8 5 ... 5 73,74 6 200 1 • •■ 2 • •■ 3 • •« 4 1 199 1,15 10 11 , 71 10 19 14 17 167 168, 169 646 GOODS. Appraisement and sale of Delivery of, judgment for Delivery of, -warrant for Hiprh bailifE may, on security, deliver up possession of, on certain conditions. Possession of, by high bailifE Sale of goods or chattels seized by high bailifE and claimed under bill of sale. UROUNDS OP CLAIM. To be lodged in interpleader GUARDIAN AD LITEM. Affidavit on application for appointment Appointment of Limitation of liabilitv for costs Notice to plaintifE of appointment Or !er appointing Where none, judgment obtained may be set aside ... Where under disability GUARDIANSHIP OP INPANTS ACT, 1886. Proceedings under, to be by petition Contents of petition ... Piling and service of petition ... Procedure and costs HEARING. - Absent parties may be added on Before registrar on taking accounts, &c. Notice of day of trial or hearing to be given Of application for directions Of a judgment summons may be adjourned from time to time -Where an executor or administrator, plaintifE or defendant, does not appear at. Where order for directions does not fix day of trial or HEIR-AT-LAW. To produce pedigree if required When co-heir need not be served When, need not be a party When, unknown, how represented HEREDITAMENTS. Title to, cannot be tried except by agreement between parties HIGH BAILIFF. Interpretation of words Absence of , at sitting of Court Attendance at office of registrar Order. n XXV n xxVii VII VII XLVII XXII 18 XXIV 3 XV 6 „ 3 XXV 34 XXX 2 XV XXIV III LV II II Rule. 40 69,70 69,70 40 39,40 13 16 22 32 18 Form. 292, 296 f 293-5, ( 297-8 50 50,55 50-56 ■ ■• 53 >•• 52, 54 ...j 51,56, 57,58 54 ... 54 ... 1 9 ... 2-8 • ■ . 10 ... 17 19 647 Order. Rule. Form. HIGH BAILIFF— continued. Charges in interpleader XXXIII 15 ... Damages, claim for by execution creditor against high bailiff xxvn 14 ... in interpleader. Orders on • ■• ... 223-5 Discovery in action against XVI 18 ... Foreign executions, return of , by II 37 ... Not to act as agent to parties t) 13 ... Not to become surety ... XXIX 6 ... Not to sign ledger II 13 Protection of, from action on interpleader XXVII 2 To deliver to registrar a copy of every summons when served, II 23 and the summons when not served. To enter all warrants and orders to be served »• 33 To give notice of non-service 24 To enter in Order Book all orders received by him •) 32 To execute and make entries of all warrants and orders ... 33 To have conduct of sale, &c., of personal property 11 38 ... To keep a book of all orders received by him 32 ... To keep an office where plaints exceed 6,000 a year •) 20 To keep books and make returns •) 18 To make a return of all ordinary summonses served It 30 ... To pay into court within 24 hoars all moneys levied or 1 34 received. To send notice to execution creditor of withdrawal of J) 36 ... possession on notice of receiving order in bankruptcy. To serve all process ,J 21 ... Where high baUifB of foreign court neglects to return J) 27-29 353, 364 service to home court Where proceeds of execution held under Bankruptcy Act, •) 35 ... 1890. HIGH COUKT OF JUSTICE. Defendant, after receipt of notice of trial, may proceed in XXXIII 3 ... actions remitted from, as if action originally brought in county court. Order to be filed and action to proceed as if it were an JJ 2 ... ordinary action in county court. Remittance of action from ii 1 ... Special notice in action for libel or slander ji 4 Transfer of equitable action to, by order during progress of )» 5 action under sections 67, 68, 70. Transfer of proceedings to, under section 90 of Judicature jj 7 Act, 1873, or sections 68, 126. Transfer to, of equitable action, where upon taking accounts » 6 amount exceeds limit of jurisdiction of county court. Where action transferred under section 69, registrar to )• 8 apply to judge for instructions. Where interpleader proceedings transferred to county )} 9, 10, 11 court under section 17, 47 & 48 Vict. c. 61. HOLIDAYS. In ofSce I 3 ... When not to be computed in period LIV 17 ... HOME COURT. Interpretation of words LV ... ... HOME DISTRICT. Interpretation of words J) ... ... 648 HOURS. Computation of periods of 24 and 48 HUSBAND AND WIFE. Claims by or against Service where both defendants Where husband entitled or liable to execution upon judgment or order for or against a wife. IMPOUNDED DOCUMENTS. Custody and inspection of INACCURATE DESCRIPTION. In summons not to vitiate proceedings INCLOSURE, &c., EXPENSES ACT, 1868. Applications uuder sections 3, 4 to be by plaint and summons, and particulars to be filed. Costs in action under section 4, taxation of Non-compliance with order for delivery punishable by attachment. INDEMNITY. Notice of claim to bo given Leave of court, when required Where default in appearance of third party Where defendant claims indemnity against another defendant. Where third party served with notice under Rule 1 INDORSEMENT. Of notice on copy order of attachment Of notice on order of commitment sent to foreign court ... Of particulars by solicitor Of service or non-service on copy of summons Of service, forms of On order of commitment, where time extended On warrant of execution against goods INDUSTRIAL AND PROVIDENT SOCIETIES ACT, 1876. Proceedings under Rules for the winding up a society registered under Order under Warrant INEBRIATES ACTS, 1879; to 1898. Applications under ,.,' INFANCY. Defence of INFANT. Appointment of guardian ad litem to infant defendant Discovery by Judgment against set aside where no guardian ad litem ... May sue and be sued ... i Order. LIV IV VII XXV XXV XIV L XI XXV VI II XXV XLI L X VII XVI VII III V Rule. 17 4 17 14 Form. 73 7,8 1 2 3 1,2 1,6 8 6 58 41 9 23 46 17 12 12,13 12 50-56 25 54 10 16 29, 32, 34 167 168, 169 85 50-58 649 Form. CNFAJftT— continued. Payment into Couit and investment of moneys awarded, &c., to. Service on Service of summons on... Under disability, how consent for, given Undertaking by next friend for costs Where claimant in an interpleader INFANTS. Proceedings under Guardianship of Infants Act, 1886, to be by petition. INFERIOR COURTS JUDGMENTS EXTENSION ACT, 1882. Certificate of judgment, copy to be filed on registration ... Costs of obtaining Costs of registration Indorsements on Indorsement of costs on Names, Ac, to be set forth in Payment out of court on production of copy Proof that judgment not satisfied Record and effect of granting Registration of Warrant of execution When not to be granted INJUNCTION. Application for Breach of an order in the nature of Interlocutory order in nature of Scale of costs in action for , INQUIRIES AND ACCOUNTS. By registrar, with powers of Master of Chancery Division ... Judge may at any stage of proceedings order inquiries or accounts. Judge may refer any matter to registrar for inquiry INSPECTION. Affidavit in support of application for Bankers' books Court rolls Documents Judge or registrar may order inspection of any property ... Non-compliance with order for Of property by judge or jury Omission or objection to give Order for Privilege, validity of claim to be decided by court Time and locality Verified copies in lieu of INSTALMENTS. Execution may issue on non-payment of Notice to plaintiff by registrar of payment of, where amount exceeds 10«. Payment by Suspension of order as to future instalments during sus- pension of order of commitment in respect of past. IX 24,25 m 29 yn l.S III 13 V 16 n 16 xTiVn ... XLV 8 I) J) » J) )) »» » » 6 10 4 7 3 11 1 5 9 10 2 XXII 16 XXV 57 XII 6,8 LIII 11 XXIV 1 XII 5 xxxvni 6 XVI 16 » J) 15 17 13,14 XII 3 XVI 21 XXII 17 XVI 16 16 19 I) 15 19 XXV 8 XXIII 13 11,14 XXV 47 15 430 430 431 3447345 304 108-111 108 150 fi50 INSTALMENTS— conimwet^. Varying rate and time of payment of, on application ex parte of plaintiff. Varying, on application of defendant • Increase, on application of plaintiff Where payment forthwith not required on a default summons. INSULT. To judge or officer, &c INTEREST. On legacies ... To be apportioned To creditors in administration actions INTERIM ORDERS. For sale of perishable articles Mode of application for When by any contract there is an alleged right to be relieved wholly or partially from liability See INTERLOCUTORY ORDERS. INTERLINEATION IN AFFIDAVIT INTERLOCUTORY ORDERS. Application to attach for breach of ... Costs of ... Deposit where defendant resides more than 20 miles from Court. Disobedience to Draft, to be prepared by applicant and settled by registrar For detention, preservation, &c. For non-compliance with rules For preservation or custody of property For recovery of specific property For sa)e of perishable articles, &o How obtained Order need not be drawn up or served unless otherwise ordered. Practice on application for Registrar to seal and file draft order To enter upon any land or building Trial may be postponed Variation of registrar's order by judge INTERPLEADER. Action may be tried by jury Claimant to lodge order transferring proceedings under s. 17, 47 & 48 Vict. c. 61, with registrar of county court. CJaiiu as to goods taken in execution Claim of damages by execution creditor against high bailiff Claim of damages from execution creditor or high bailiff ... Claimant to file particulars of claim Costs of interpleader transferred from High Court Damages not recoverable in remitted interpleader ... Defendant may pay into court Discovery in Failure of claimant to comply with section 156 Grounds of particulars of claim to be lodged . High bailiff, protection from action High bailiff, charges Order. xxni LII XXIV XXXVII XXIV XII XIX XXV XII XXV XII XXTTT XII xxn XXXTTT XXVII XXXIII XXVII n )) >1 XXXIII Rule. 14 15 15 19 26 4 24,25 57,58 11 9 57-59 8 3 15 3 7 2 6 5 11 8 3 12-15 11 3 9 1 9 8 15 16,17 11 15 15 4,7 5 2 15 Form. 157 24 365-367 89-91 344, 345 92,93 203-205 222 651 mTBEPLBADEE— flon^Jnited. How disposed of Interim custody of goods In action by assignee defendant may pay money into Court Judge to adjudicate upon claim of high bailiff for possession Notice of hearing of interpleader transferred from High Court. Orders in Order, where claim is not established f Order, where claim is established | Particulars of claim Payment into Court of damages claimed under section 157 Proceedings generally in Proceeding transferred under section 17, 47 & 48 Vict. c. 61, how to be tried. Sale in SherifE's charges Security by claimant Statement delivered by claimant Subject matter, meaning of, for purposes of costs Summons, forms of Summons against assignor Orders on Summons how issued Warrant of execution against claimant Where an infant claimant in an action Where claimant under a bill of sale, and goods sold, expenses of sale, taxes, and rent to be deducted. Where execution creditor does not admit claim, high bailifE to apply for summons. INTERPEETATION OF TERMS. In rules INTERROGATORIES. Answer to, use of ... Any party may at any time apply for directions with respect to. Costs of discovery by, to be secured Costs of improper Either party to an action may deliver In action against high bailifp, afBdavit in answer to In Admiralty action Judge or registrar may grant leave to deliver particulars, &c. Non-compliance with order to answer Objection to answer ; that they are scandalous or irrelevant Order to be drawn up by registrar Payment into Court before delivery of ... Payment out of Court after delivery of To be according to form To be answered by affidavit To corporations and joint stock companies Where further answer required INTERVENTION. In action in rem in Admiralty ... INTESTATE. Execution against goods of Payment out of fund belonging to, without administration Order. XXVII XXXIII XXVII XXVII XXXIII XXVII XXXIII XXVII XXXIII XXVII XXXIII LIII XXVII V XXVII LV XVIII XV XVI XXX ix XVI XXXIX XXXVII Rule. 14,15 13 15 6 14 14 18 5,8 10 4 12 13 14 1 1 15 3 15 15 11,12 16 13 16 1 22,23 4 1 18 33 3 21 7 2 23 24 5 8 6 9 22 Form. 226-233 285 215-220 213 214 211,212 284, 285 284 206-210 227 231-233 221 102 103 104 105 245 65S INVENTORTr. -loj? ,! High bailiff to make, when ordered to take possession of goods [•— - Of goods removed under execution ,. INVESTMENT. Of moneys awarded, &c., to infant, or person of unsound mind. IRRBGULAKITT. Application to set aside for IRRELEVANCY. Court may inquire into any prolixity or irrelevant matter... Objection that interrogatories are When interrogatories deemed J. JOINDER OF CAUSES OF ACTION By executor or administrator By husband and wife By trustee in bankruptcy Causes of action generally Joint and separate claims Not with replevin Separate trials may be had JOINT AND SEPARATE CLAIMS. Joinder of JOINT CONTRACTORS. Counter-claim where some only are sued JOINT DEFENDANTS. Where plaintiff proceeds against only one or more JOINT STOCK COMPANIES. Interrogatories may be delivered to a member, &c., of Service on i JUDGE. Interpretation of word Acting for another Insulting, penalty for JUDGMENT. Interpretation of word JUDGMENTS AND ORDERS. Form of heading and conclusion Against corporations, enforceable by attachment against directors and oflGicers. Against executors and administrators Against married women, form of Against partners Against partners in name of firm Against third party Alteration by judge of another court on heading judgment summons. By confession under section 98 Order. II XXV IX LIV XXX vin XVI IV n 5 4 2 3 6 XXXIV 1 IV 7 !) 6 X 7 )) 7 XVI 6 II 26 vn 26 LV n 15 LU 8 LV XXV XXX XXIII III XXV XI XXV IX Rule. 40 22 24 25 30 7 I Form. 4-12 2 14, 15, 17 11 3 40 365-307 653 Order. Rule. Form. JUDGMENTS AND OBJiERS— continued. By consent under section 99 By married woman sued only in her own name Certified copy of, form of Costs of abortive execution Counter-claim, form of, where made Enforcement of, for payment of money Entry of all, to be made Execution on judgment against a firm Execution on judgments for recovery of land Execution for costs against plaintiff in action for recovery of land. For balance of set-off or counter claim For defendant, form of For delivery of property For payment by instalments For payment of money recovered and costs For plaintiff, form of For recovery of land, how enforced Foreclosure action, in G-arnishee, against In action of ejectment, &o In selected action Instalments, fresh orders for payment by Judgment by default, order for, not to be served Limitation of time for signing judgment on default summons Memorandum at foot Minute that a certificate has been given Mode of service Non-appearance of plaintiff Nonsuit, judgment of Note of every judgment or order in an Admiralty action and of a plaint or petition in equity to be transmitted to Registrar of County Courts Judgments. Notice of , on an infant or lunatic Notice of, to parties, how served Notice of, when to be served Notice to plaintiffs in selected action Notice when dispensed with On judgment summons On counter-claim on non-appearance of plaintiff Order on judgment may be rescinded or altered Ordinary, form of Partition action, in Personal service necessary, when orders act to be done ... Replevin, in Separate judgments against defendants Separate warrants for possession and costs may be ha J Service of, on solicitor Signing judgment on default summons, limitation of time for Special judgments against executors and administrators ... Special judgments to be prepared by registrar Specific performance, in action for Suspension of , order for Time for doing act ordered, to be stated in Variation of When finally settled to be sealed, filed, and minute made... Where certificate of, required Where deed to be prepared Where default in payment of the whole amount of, or of payment by instalments. XXXVI III VIII in XXV XXII XXV XXIII xxiii XXXIV Lin XXV XXIII VII XXX XXIII xxin XXV IX 4 ■ ■• XXV 4 155 XXV 56 • ■■ XXII 22 152 XXV 1 ... XXIII 1 ... XXV 11 •■■ 65 ... )) 67 ••• xxn 22 152 150 XXV 69 292 XXIII 11 ■ •■ » 12 151 XXV 64 • •• ... *•> 309, 312 XXVI 7,8 201 xxin 16 260 VIII 6 . , XXIII 14,15 157 8 ... VII 36 "5 XXV 39 ... XXIII 7 ... XXII 6-8 ... 29 29 27 5,6 30-31 40 8 40 1 "9 3-5 24 66 6 36 4-12 4 14,15 4 10 16 150 317 62 186 328 290','"291 314 153 157 163-165 654 JUDGMENTS AND ORD^UB— continued. Where diificulty in enforcing Where no payment on, within two years Where orders not to be drawn up Where payment forthwith not required Where person brought in does not appear at trial JUDGMENT CREDITOR. Amplication by, for judgment summons to a Court in which judgment was not obtained. Discharge of prisoner on jequest of Notice to, of discharge of bankrupt Notice to, that receiving order has been made JUDGMENT DEBTOR. Commitment of Discharge of Discharge of, at request of judgment creditors Payment by, on arrest Payment by, in prison ... Where, about to remove, or is keeping out of the way Where costs may be awarded Where debtor not resident in district of issuing Court Where no order of commitment against, where a bankrupt Where order of commitment made after bankruptcy of, not to be executed. Where no payment by, within two years Witness may be summoned to prove means of JUDGMENT SUMMONS. Adjournment of hearing from time to time Affidavit of service Amount for which judgment debtor imprisoned to be in- cluded in subsequent order for payment by instalments. Application for, on a judgment of any competent Court ... Application for, to a Court in which judgment was not obtained. Bankrupt not to be committed if Court satisfied on return day of receiving order having been made. Certificate of an order of administration having been made Costs of Copy to be returned, when served, by bailiff of foreign court Costs of solicitor on Discharge of bankrupt judgment debtor Firm, affidavit for leave to issue against member of Form of Form of On judgment of Court other than County Court Fresh order for payment on hearing of Issue and service of Leave to issue for service out of district When not required Memorandum at foot of, for service out of district... Minute that a certificate has been given Must be served personally No commitment when bankruptcy takes place after order of commitment. Not to issue after ezpiraiion of four months except upon affidavit. Order. XXV XXIII V XXII XXV II XXV XXV XXV Rule. 5 10 5,8 19 21 29 50 44 43 46 44 50 48 49 32 52 37 42 43 10 35 34 33 55 30 29 42 43-45 52-54, 56 28 53 44 27 31 46 31 26 26(3) 37 39 25 43 53,54 28 Form. 192, 194 196, 197 192 185 180 193 192 182, 183 184, 190, 191 178 181 186 177 179 192 655 JUDaMENT SUMMONS -con«J««6(i. Order on Payment into court under order of oommitmont ... Praecipe for Service, affidavit of Service of Service of, where judgment debtor about to remove Successive, may be served by any person judge or registrar may direct. Suspension of order of commitment ; notice thereof Where certificate of judgment required Where creditor or debtor not resident in district of issuing Court. Where, may issue Where two or more defendants Where no costs to be allowed on Where, has been issued, warrant of execution to be lodged in Court. Where order of commitment sent to a foreign Court Where order of one Court altered by another Witness may be summoned to prove means ; name of, to be entered in Book H. JURISDICTION. By consent to any amount Objection by defendant to, section 62 Service when defendant out of England and Wales Where claim reduced under 501., Court to have JUROR. Notice to, where action settled, withdrawn or adjourned ... Pine for non-attendance Warrant of execution Summons to JURY. Adjournment of trial in order to try by Judge may order inspection by New trial may be had before a Notice of demand of a Registrar's notice of -] What actions may be tried by JURTJVfEN. Number to be summoned JUST ALLOWANCES. To be made without any directions for that purpose JUSTIFICATION. Defence of K. KIN, NEXT OF, Advertisement for claims by . Order. XSV V X yii VI XXV LII XXII XXXI XXII XLIV XXII XXIV X Rule. 46 46 25 33 31 32 33 46 29 37 25,26 25 54 38 41 40 35,36 41-49 1 2 17 2 1 Form, 176 185 19U 179 186, 190 13 79 H XXIV 4 23 16 145 146 144 142 143 5,8 656 ii. LABOURER. Summons againBt, under section 86 LAND. Actions for recovery of , may be tried by jury Actions for recovery of, to be so distinguished Appearance Confession by defendant in action to recover Delivery and service of summons in action to recover Expiration of title before return day Joinder of claims with action for recovery of Judgment for recovery of, may be enforced by warrant of possession. Limitation of defence Particulars in action for Service of summons Summons Withdrawal LAW. Certificate that question of, likely to arise LEAVE OF COURT. How obtained under section 74 To defend under Bills of Exchange Act, 1855, s. 2 To deliver interrogatories To issue summons ; when may not be granted To proceed on default summons as though service effected To proceed on change of parties after judgment Where indemnity or contribution claimed LEDGER. Entry of payments in No registrar, deputy registrar, or other officer to sign LEGACY. Certificate of payment of duty to be produced Payable with interest To be paid before execution of order LEGAL REPRESENTATIVE. Where no LEGATEE. Judgment against any one, &c. Person claiming as, to produce proof Where, entitled to judgment, other legatees need not be served. LETTERS, &o. By post to be prepaid Order. Rule xxn V X IX vn xxni IV XXV X VI vn V IX V XXXV XVI V vn XXV XI xxxvn II XXIV II Form. in XXIV ni LIV 15 3 3 4 7 8 15 1 64 5 3 8 3 1 13 2 1 15 34,39 14 1,6 2 13 14 26 14 33 25 16 21 20 254 256,274 263-5 255 252 263 80,81 8-10 46 158-161 657 LIBEL. Action for, remitted from High Court of Justice Defence in action of Facts in mitigation of damages in Justification of Payment into Court in action of Special notice of defence in action from High Court LIEN. On specified property other than land, payment into Court of amount claimed for. Security to be subject to a lien for costs Where suggested by garnishee that debt belongs to. a third person or that there is a. LIMITATION. Of defence, in action for land Of time for signing judgment on default summons LIMITATIONS, STATUTE OF. Defence of Where summons served to save, and party dies LIS PENDENS (Admiralty) LITERARY AND SCIENTIFIC INSTITUTIONS ACT, 1854. Proceedings under Order " Warrant LOCAL GOVERNMENT ACT, 1888. Section 75, subsection 19 LOCAL LOANS ACT, 1875. Application for the appointment of a receiver Application for rectification of register Petition to be presented to court of district in which local authority exercised. LONDON BUILDING ACT, 1894. Appeals from awards under section 91 Applications to settle security under section 94 Applications under section 196 LONDON GAZETTE. Advertisements for 'insertion in LORD OP THE MANOR. Order may be made on, for inspection of Court rolls LOST BILL. Application under section 70 of Bills of Exchange Act, 1882, that defence be not sot up. LUNACY ACT, 1890. Applications under sections 132 and 300 to be by petition LUNATIC ASYLUM. Service of summons at Order. xxxm X IX xxxni XI XVI XXVI VII X VII XXII XLI xLin, L LIV, XVI. XI. YII. Rule. 1 16 17 16 14 4 24 10 86 36 14 37 11 52,53 30 31 32 10 17 7 17 22 Form. 85 86 87 85 /•• 167 168, 169 8775 658 LUNATICS. May sue and be sued Mode of suing Service on Service on, where party a lunatic Appointment of guardians to, not so found by inquisition. MANOR, LORD OF. Order may be made on, for inspection of Court rolls MARINE. Service of summons on a MARRIAGE. Action not to abate by reason of, if the cause of action survive, &o. MARRIED WOMAN. Action by, or against Examination of, where interested in funds Judgment against, form of Judgment for costs against married woman plaintiff Warrant of execution against goods Where judgment obtained by, on ground of coverture MARRIED WOMEN'S PROPERTY ACT, 1882. Application under section 11 for appointment of trustee or new trustee, to be by petition. Application under section 17, particulars of question to be filed. Judge to direct upon what scale costs to be taxed Summons to be issued MASTER. Registrar to have powers of MATTER. Interpretation of word .. MEMORANDUM. At foot of all summonses, notices, judgments, &c Of filing, to be endorsed on affidavit under Trustee Relief Acts, &o. Of day of payment into post office savings bank to be indorsed on receipt delivered to registrar. On judgment summon> • 24 ... 363, 364 8775 2 T 660 Order. NAME. And description of defendant in plaint Amendment of, in plaint NAMES. Application for, of firm NEGLECT. Of bailiff to levy execution Of high bailiff of foreign court in making return Of plaintiff to appear at trial NEWSPAPER. When insertion of advertisement to be made ; how to be paid NEW TRIAL. Application for May be had before a jury Notice of application for Order for NEW TRUSTEE. ' Verification of consent to act NEXT FRIEND. Undertaking by, for payment of costs NEXT-OF-KIN. Advertisement for Judgment against one, &c Or a class when unknown how represented To produce pedigree if required When, need not be served NON-ALLOWANCE. Of claim NON-APPEARANCE. Of defendant at trial Of executor or administrator ... Of judgment creditor Of parties at trial Of person not originally a party Of plaintiff at trial Order for defendant's costs Restoring case struck out for ... NON-COMPLIANCE. With order to answer interrogatories, &c., party to be liable to attachment. NON-EXECUTION. Of warrant in foreign district NON-JOINDER. Of partiei, action not to be defeated by V m LII II XXII LIV XXXI XIX XXIV III XXIV III XXIV xxn XXX XXV XXII XVI II XIV Rule. Form. 4,15 4,15 15 4,5 29 6,8 13 16 13 18,25 18 16 20 19 7 2 52 7 21 6-8 6 9 21 37 2 361-364 353, 354 154 15 149 149 661 NON-SERVICE. Of ordinary summons Of summons in foreign district NONSUIT. Form of Subsequent action after NOTE. Of every judgment or order in an Admiralty or Equity action, to be sent to Registrar of County Courts Judgments. NOTICE. Form of heading and conclusion Form of, in appendix, substantial compliance with sufficient All notices required by rules to be in writing, unless expressly authorised to be given orally. By advertisement where no legal representative By bailiff to party on levying execution By defendant for further particulars By defendant of intention to limit his defence By defendant of objection to jurisdiction By plaintiff of admission of title of claimant By plaintiff of coiiseut to accept payment by iustalmciits ... By plaintiff of objection to jui-isdiction to try counter-claim By post delivered after office hours By plaintiff to serve default summons otherwise than by bailiff. Defendant may file and deliver amended notice or par- ticulars of any special defence. For inspection of documents referred to in affidavits Indorsement of, on copy of order of attachment Indorsement on order of commitment In lien of service... In lieu of summons Memorandum at foot Not to be served on Sunday, &c Of acceptance of payment into Court... ... ... < Of acceptance of tender (Admiralty) Of admission by defendant of plaintiff's claim Of admission of documents Of allowance of claim Of any new fact or document by defendant Of appearance of a person not named as a defendant Of application for committal Of application for directions Of application for discharge from custody Of application for new trial Of application on trustee Of change in defendant's title Of change in plaintiff's title Of change of solicitor Of claim to contribution, &c Of claim to execution creditor Of commencement of action (Admiralty) Of consolidation or stay ... Of day of hearing (Admiralty) Of day of hearing of petition Of day of trial Order. II XXII XXXVI LIV III XXV VI X xx'Vir V X LIV V XIV XVI XXV VII LIV IX XXVI XXXIX IX XVIII XXIV X XXV XV XXV XXXI XXXVIII XVII LIV XI XXVII XXXIX VIII XXXIX xxxvni XV Rule. 1 24 5 10 2 16 15 33 17 7 5 6 1 Itt 3 21 9 12 13-16 58 41 40 47 19 76 5,9 6,7 19 9 4 59 2 62,63 1 24 3 2 6 1,2 1 8 3 35 3 6 Form 30 150 7!) 203 78 49 5 76 67,"68 203 662 Form. NOTICE— continued. Of defence of compulsory pilotage (Admiralty) Of defence on behalf of others Of defences to counter-claim Of demand of a jury Of deposit of security Of deposit where defendant resides more than 20 miles from Court. Of discontinuance of action Of doubtful service in foreign district Of doubtful service of ordinary summons Of employment of counsel or solicitor not required Of holding Courts Of intention to limit defence in action for recovery of land Of interlocutory application Of judgment in selected action Of judgment on an infant or lunatic Of judgment or order (Admiralty) Of judgment when and how to be served Of judgment when service dispensed with Of judgment, to party directed to be served Of leave to defend under Bills of Exchange Act, 1855 Of non-allowance of claim Of non-service of ordinary summons Of non-service of default summons Of non-service of summons in foreign district Of payment into Court before judgment Of payment into Court by defendant in an action by Of payment into Court by garnishee Of payment into Court by instalments Of payment into Court with denial of liability Of payment, transfer, or deposit Of pedigree or proof of claim ... Of petition ; Of proposed tender (Admiralty) Of rejection of imperfect affidavits or documents Of service or non-service of default summons Of special defences when and how to be given Of special defence may be amended Of summons in lieu of service Of sureties and of day when bond to be executed Of suspension of order of commitment Of taxation may be sent by post Of trial to parties and copy particulars to defendant in remitted action. Of trial, where action stayed for trial of selected action Of trial to plaintifE ... Of trial to defendant Of trial under Bills of Exchange Act, 1855 ... Service of, where no mode prescribed Solicitor may give notice that he is acting ... Special, in action for libel or slander... Substantial compliance with form of, sufficient Substituted service of, and notice in lieu of ... That registrar's certificate may be inspected ... To admit and inspect To admit specific facts To an added or substituted defendant To bailifE with warrant of execution XXXIX 32 3) III 8 X 21 XXII 2 xxxvnr 19 XII 9 IX 1 II 6 If 6,25 LIV 8 I 1 X 5 XII 11 VIII 5,6 III 29 XXXIX 67,59 in 27,28 » 30,31 28,29 XXXV 3 XXIV 19 II 5,2+ TJ 31 )' 5 IX 12 XXVII 15 XXVI 5 V 19 IX 12(2) XXVI 5(2) xxxvin 22 XXIV 16 XXXVTTT 3 XXXIX 74 XIX 14 n 31 X 10 XIV 12 VII 47 XXIX 1 XXV 46 Lin 3 xxxm 1 VTTT 7 XXXV '3 LIV 2 LIV 4 XXXI II 4 ,^ 16 VII 40 XX rv 31 XVI LI 6,7 IX 8 XIV 11 XXV 17 142 63 31 62 317 40 30 36 73',"74 73,74 387, 388 133 35, 36 ■ 85 49 ig'lA 281,"283 38 39 41 111 113 162 663 NOTICE— coniiwerf. To be attached to summons, when out of England To claimant of goods taken in execution to make deposit or give security. To creditor to prove claim To every party whose name is added as defendant To gaoler to discharge prisoner at request of judgment creditor. To heir at law, &o. to prove claim To judgment creditor of discharge of bankrupt To judgment creditor of receiving order, Bankruptcy Aet, 1883- To party to show cause why he should not be committed for contempt. To plaintifi of payment into Court of instalments exceeding 10«. To plaintiffs of stay of proceedings ... To plaintiff of non-service of summons in foreign district To produce To receiver of audit of accounts To third party Where it is desired to use an affidavit of a witness ... Where order of commitment sent to foreign Court... Where judgment for defendant in selected action ... Where payment after notice of defence Where payment not required forthwith "NOTICE BOOK." Entries to be made in OATH. Interpretation of word Examination of witnesses on, before trial Power to officers of Courts to administer Production of documents on Kef usal of witness to be sworn OBJECTION. By plaintiff under 47 & 48 Vict. c. 61. s. By witness to answer , To admission of documents To answer interrogatories To county court jurisdiction, section 62 To discover documents To give inspection To use of affidavit of witness OFFICE COPIES. In Admiralty actions To be prepared by registrar OFFICERS OF COURT. Actions against, transfer of Assault on Not to act as agents to parties Not to be surety Penalty for insulting 18, Order. VII XXVII XXIV XIV XXV XXIV XXV XXIII vni II XVIII XIII XI XVIII XXV VIII IX V II LV XVIII XVI XVIII X XVIII XVI X XVI xviii XXXIX II xxn •lii n XXIX LII Rule. 46 1 18,19 2 50 16 44 43 59 13 3 5 7 6 1,2 11 41 5 15 19 18,19 31 12 26 3 26-28 p 7 6 11 15,16 11 87 7 23 1-3 13 Form. 48 205 319 112 78 79 8 355-360 365-367 ^u Form OFFICES OF COURT. An oflSoe need not be kept open in more than one place within the district. In place where no Court held May be closed at certain times On what days to be kept open OMISSION. Of party to give notice of a time for inspection To answer interrogatories OPEN SPACES ACT, 1890. Proceedings to be by petition Scale of costs to be determined by annual value of open space. ORAL EXAMINATION. Evidence to be taken orally unless otherwise provided Where interrogatories insufficiently answered ORDER. Interpretation of word ... Against corporation enforceable by attachment against directors and officers. Certain orders not to be drawn up Certificate of order made against garnishee Certificate of, purposes for which required to be stated ... Draft interlocutory, to be settled by registrar Enforcements of judgments and orders Enforceable in same manner as judgment ... Enforcement of orders. Admiralty Ex parte application for interlocutory For appointment of registrar as an examiner For detention, preservation, &c. For directions For further directions For judgment by default not to be servpd For new trial For payment of money and costs For payment by instalments For production of documents j Interlocutory and interim orders Judge may order absent parties to be added at hearing ... Judgments and orders Liberty to apply in eviery final, made upon any petition or application. Memorandum on order signed by one judge acting for another. Memorandum at foot Note of every judgment or order in an Admiralty action, or of a plaint in equity, to be made to Registrar of County Courts Judgments. Notice of, to party directed to be served Of committal to be entered in proper book Of commitment under Debtors Act, 1869 Of commitment to be issued by registrar Of judge for attachment .-. Of one Court altered by another Of payment by garnishee On judgment may be rescinded or altered I 3 4 3,5 3 XVI 16 » 9 L 18 11 18 xvm 1 XVI 9 LV XXV 3 XXIII 5,8 XXVI 9 XXUI 10 XII 8 XXV . „ 1,2 XXXIX 51-63 .XII 11 xvin 19 XII 3 XV 1 XXIV 37 XXIII 8 XXXI 1 xxm 12 XXIII 8 XVI 12 xvin 5 XII ... XXII 18 XXIII XXXVUI 7 n 15 XXXVI '2 III 27,28 n 33- XXV II 46,47 4 XXV 60 XXVI XXV 40 7,8 40 105 100 4 5 317 665 Order. Rule. Form ORD^B,— continued. On petition PlaintifE to lodge order or duplicate of, with registrar where action remitted or transferred from High Court. Registrar to draw up orders under Trustee Relief Acts, &c. Service of, by post or otherwise Service of , on solicitor Terms and conditions of, on consolidation of actions To answer or further answer interrogatories To be entered in minute book To deliver interrogatories Under Sale of Goods Act, 1893, section 52 Variation of Where all defendants have not been served y Where breach of, in nature of an injunction Where defendant added or substituted, except under Rule 4 Where defendant out of England and Wales Where difficulty arises in execution or enforcement of Where, directs a deed to be prepared Where not executed within a month Where real or personal property to be sold Where sent to a foreign court Where special, to be drawn up by registrar ORDER BOOK. High bailiS to enter in, all orders for payment of money or costs, or both. ORDER OF COURT. May be served by post or otherwise ORDINARY SUMMONS. Interpretation of words Doubtful service Form of Indorsement of copy of, after service Letter not to be sent with, from one Metropolitan Court to another. Mode of service of Notice of non-service Prseoipe for When not served When returnable XXXIII XXXVIII XXV XXIII VIII XVI XXIII XVI xxiii XIV XXV XIV VIII XXV XXIII II XXIII XXV XXIII 11 XXIII PARTICULARS AND CONDITIONS OP SALE. By whom to be prepared PARTICULARS AND STATEMENT OF CLAIM Abandonment of excess on Admission by defendant of truth of statement in plaintiff's Amendment of LV II VII II VII II VII II V VII 342 XXIII VI t» IX XIV 15 6 4 9 1,4 2 14 9 57 1.1 41-49 5 16 33 17,22 41 4 32 6,25 2 23 10 5 10 5,24 4-7 6 5 17 1 5 12 29(j 157 31 22 29 30 6 666 PARTICULARS AND STATEMENT OP CLAIM— cowi. Application may be made at any time before trial for directions respecting particulars of claim or counter- claim. Assignment, particulars of grounds on which disputed Claimant in interpleader to lodge Copies of , to be filed Copy of, with notice of trial in remitted action Defendant may file and deliver amended notice or, of any special defence. Delivery of particulars in lieu of interrogatories ... Denial or admission of statements in plaintiffs Foreclosure action, in Further, notice may be given by defendant for In action by administrator for relief In actions of ejectment In actions under section 60, a concise statement in writing to be filed. In cases above 40s. to be filed In cases of account to contain a claim that account be taken. In devastavit to state amount of assets alleged to have been left, and how wasted. In replevin Indorsement of, by solicitor Notice by defendant for further Of name and description of defendant in plaint Of claim may be sent in before adjudication Of claim to contribution or indemnity to be annexed to summons. Of claim to goods seized Of claim to goods to state amount for damages and grounds of claim. Of property distrained in replevin Of set-off or counter-claim Partition action, in Plaintiff may file and deliver amended notice of particulars of demand. Signature of, by solicitor Specific performance, in action for To be annexed to summons < To be deemed part of summons Under Bills of Exchange Act, 1855 Where abandonment of excess Where defendant intends to rely on a set-off or counter claim, statement to contain. Where demand exceeds 60Z Where insufficient, costs of entering plaint by solicitor not to be allowed. Where more than one cause of action Where reference made to any douumeut in PARTIES. Absent parties may be added on hearing Action not to be defeated by mis-joinder or non- joinder ... Amendment of names or descriptions of plaintiff or defendant. Application to add or strike out Order. Rule. XV 1 XXVII 15 LIV 5 13 XXXIII 1 XIV 12 XVI 3 X 9 VI 1 1» 7 5 3 4 1 2 XXX 3 XXXIV 2 VI 9 V 7 4 XXIV 20 XI 1 xxvn 5 )i 8,9 XXXIV 2 X 11 VI 1 XIV 12 VI 9 ft 1 8 VII 4 4 XXXV 1 VI 1 X 11 VI 1 )» 9 6 XVI 13 Form. XXII XIV 18 2 7,8 10 230 211,212 28d,"282 311 279 324 313 26 667 Order. Rule. Form. FAUTIEB— continued. Change of, before judgment XVII ... 115-119 After judgment XXV 14 168-161 Consent by next friend for persons under disability, &c. ... III 13 37 1 • Death of either party j VII XVII Description, and residence or place of business of, to plaint V 4 . Executor or administrator to appear alone on claim of III 34 person not a party. Heir-at-law need not be a party 5) 32 . Joinder of 6 . Judge may appoint a person to represent a class ■J 18 Judgment aga nst one legatee, &c III 25 . Misjoinder or non-joinder not to defeat action XIV 2 . . Non-appearance of either party XXI [ 7 . Non-appearance of executor or administrator XXX ') . Non-appearance of plain tifE XXII 6 . . Notice to, of judgment or order ; when and how to be served. When dispensed with III 27-29 * !) 30 Persons may bq made by judge's order » 26 Eepresentative of deceased, may be appointed by judge ... )) 33 Service of notice of judgment )J 27-29 . Service on infant or lunatic n 29 . , Strildng'out XIV 10 . Trustee and others may sue or be sued without joining III 6 , . parties beneficially interested. Where a party acts by solicitor LIV 3 , Where defendant desires to defend on behalf of other j ... III 8 , , Where numerous J) 7 Where one person carries on business in name of a firm ... )1 17 , Where officer of Court XXII 23 . , Where party sued in a fiduciary character, order as to costs LIII 27 . Where service may be dispensed with III 20-23 . . Where wrongly sued XIV 5,6 , , Which party shall have conduct of action LIV 11 , Who may be made a party III 26 • PARTITION OR SALE. Forms of orders in action for .•• 326-330 Notice of judgment for, when to be served ill 27 ... Particulars VI 1 324 Upon order for sale. Court to appoint one solicitor to have IX 11 ■ •■ conduct of proceedings. When request under Partition Act, 1868, may be signed ... )» 10 325 PARTNERS. Actions against III 14-17 ... Application for names of firm )T 15 • .■ Charging order on interest in partnership property, under XXV 12, 13 ... 53 & 54 Vict., c. 39, s. 23. Application for, to be made on notice r 12 ... Application' by partner of judgment debtor J» 13 ... Execution on judgment against a firm n U ... Judgment in partnership action ... ... 316 Judgment summons against, on judgment against firm XXV 27 ... Order appointing receiver of partnership XIII 1 300 Order for dissolution ■ •■ ... 315 Service on VII 15 ... 668 PARTY. Interpretation of word PAYMENT. Certificate of, by a prisoner ... On arrest, or in prison On application for assessors by party To assessors ... ... To plaintiff, instead of into Court PAYMENT INTO COURT Acceptance of , by plaintiff Acceptance of, where liability denied Acknowledgments of payments and deposits After notice of defence given Application may be made at any time respecting Before delivery of interrogatories ... Before judgment how made ... By defendant in action by assignee By executor or administrator By instalments By plaintiffs in answer to counter claim ... By plaintiffs in replevin or under Rule 16 Certificate of money paid into foreign Court Costs ... ... Enforcement of orders for Entry of, in equitable actions Further costs, order for ] In action of libel Investment of moneys for infant plaintiff Non-acceptance of, where liability denied Not to be communicated to jury Notice of denial of liability may be made at time of Notice of, by garnishee Notice to plaintiff of every payment made exceeding 10s. ... Of damages claimed under section 157 Of money as security Of moneys awarded, &c., to infant Order for, to be prepared by registrar Under order of commitment ... . ... When rules of Order IX not to apply Where amount paid in by defendant includes a set off or counter-claim. Where fresh order for payment by instalments Where maybe made ... , Where, may be retained pending appeal ... Where, may be retained pending application for new trial Where, may be retained, where more than one action (Ad- miralty). Where, may in certain cases be retained Where, not required forthwith Where tender pleaded Where, to abide event of action PAYMENT OUT OF COURT ., By cheque or Post Office order Money paid in by garnishee .. Of money paid in as security .. Order. LV XXV XXXIX IX II IX II IX XV XVI IX XXVII XXX XXIII IX XXVllI IX XXV XXXVII IX XXVI IX XXVI xxni xxvn XVI IX xxm XXV IX xxni II xxxii XXXI XXXIX IX V X XII II VII IX XXVI XVI Rule. Form. 51 48,49 88-92 92 20 9 13 19 11 15 1 23 12 15 11 11 IG 21 3 12,18 1 2 13 5 14 24,25 19 26 12 5 13 10 23 24 7 46 23 17 14 9 4 1 82 18 19 20 7 10 1 21 22 6 24 76 77 87 75 73,74 156 669 Order. Rule. Form.' PAYMENT OUT OP COJJB.T— continued. To infant on coming of age To relative of deceased intestate without administration .. To plaintifE pursuant to Order II, Rule 10 To solicitor (Admiralty) When PEDIGREE. If required, to be produced PENDING ACTION. In Admiralty Court In another Court for the same cause PERISHABLE ARTICLES. Order for sale of PERSONAL ESTATE. Inquiry as to outstanding Order for sale of , PERSONAL PROPERTY. High bailiff to have conduct of sale of < PERSONS OP UNSOUND MIND. Guardian ad litem How consents for, given How sued or defended ... Judgment against set aside, if no guardian Mode of suing ... Service on a PETITION. By person interested in funds in Court Guardian ad litem of infant or lunatic defendant Note of every order or petition in equity to be made to Registrar of County Court judgments. Order on Proceedings by, under Trustee and other Acts PIECE-WORK. Action by infant for PLACE OP BUSINESS. What to be deemed a Where judgment debtor about to remove from PLAINT. Action to be commenced by Applications under Building Society's Acts, to be com- menced by. Applications under Friendly Society's Acts, 1875 & 1896, commenced by. Entry of Entry of, by letter to registrar Entry of, in Admiralty action Entry of , in replevin XXXVIII 29 XXXVII 6 IX 21 XXXIX 81 II 10 XXIV XXXIX xxn XI XXIV XXIII II XXIII VII III vii 16 52,53 11 11 22 38 22 50-56 13 12 54 305 V VII 18 14 XXXVIII vn XXXVI 23-31 55 2 xxxvin "i V 16 VII XXV 10 32 V XLI 1 1,7 )) 5 V xx'xix XXXIV 4 12 10 2 340, 341 342 670 PLAIN T— continued. Entry of, out of district How leave obtained to enter, under section 74 How plaintifE sues to be inserted in prsecipe Prsecipe to be filed on entry of Security for costs where plaintifE resides out of England ... Summons on Where parties agree to try any action under section 64, memorandum of consent to be filed on entry of. PLAINTIFF. Amendment of name or description of Capacity in which plaintifE sues to be inserted in praecipe ... Change of Costs where, recovers less than he claims Death of Ord& to proceed after Default summons may be served by Deposit may be ordered May file and deliver amended particulars of demand Objection by, under 47 & 48 Vict. c. 61, s. 18 Payment by, in answer to counter-claim Payment of money out of Court to PlaintifE may before or after judgment apply for an injunction. Security for costs where plaintifE resides out of England ... Security, where temporarily resident in England Suing by solicitor Varying order of Court for payment without summons ... Warrant of execution against Where, accepts money paid in.. Where, appears Where default summons has been issued and plaintifE does not appear. Where, desires an account to be taken Where, desires that only a certain question may be decided Where, does not appear Where, does not appear on counter-claim ... Where, does not require payment forthwith Where, is substituted or added, minute-book to be altered PLAINTIFFS. All persons may be joined as Joint and separate claims by When too few persons made PLAINT NOTE. Default summons, form of Ordinary summons, form of Memorandum to be put on Or summons to be produced on application for warrant against goods. Production of, on payment of money out of Court Under Bills of Exchange Act, 1855 Where lost or destroyed, a duplicate may be given PLEADINGS. In Admiralty actions Order. V 12 13 n 6 4 10 VII 2-4 V 2 XIV V XIV LHI xvn XXV vn xn XIV X IX xxn n xxni XXV IX XXII VI xxn V xvn m IV XIV VII XXV IX VII XXXIX Bule. 7 6 1 17 1 14 33 9 12 3 16 21 16 10 11 41 14,15 8 13 7 7 2 5 6 8 19 8 21 1 1 27-34 Form. 8, 9, 10 158, 159 16 165 20 19 18 21 671 POSSESSION. Fees, when payable Pees where failure to comply with section 156 High bailiff to take and retain posession of goods, &c. High baUifE's fees of, or expenses where execution creditor admits title of claimant. Judge to adjudicate upon any claim of high bailiff for fees Recovery of land to be enforced by warrant of Where, taken until security given POST. All letters, notices, &c. sent by, to be prepaid Notices by, delivered after office hours Service of judgments or orders by POST OFFICE SAYINGS BANK. Entry of payments into, to be made Interest of any fund in, to be paid by registrar half-yearly Mode of withdrawing moneys from Payment of moneys into Payment of moneys into, under section 70 Postmaster's receipt, entry to be made of, in Equity Pro- ceedings Book. POSTPONEMENT OF TRIAL Any party may apply for (if day has been fixed) PRACTICE OF COURT. Adjournment of trial for non-compliance with rules On interlocutory applications PR.a!CIPE. On entry of plaint Capacity in which plaintiff sues to be stated in Particulars where company is defendant Solicitor to file, on entry of appearance in Admiralty action To be delivered on inspection of records in Admiralty action 1^0 be filed in an Admiralty action On application for warrant against goods For judgment summons To state desire of solicitor to serve default summons When company is defendant PRELIMINARY ACT. In Admiralty action for collision PRESERVATION OF PROPERTY. Interlocutory order for Warrant for PRISON. Payment in Service upon person employed in Order. XXV XXVII II XXVII XXV II LIV XXIII XXXVII a xxxvni XII XV XII Rule. 20 7 39 1 6 64 40 20 21 7 2 2 3 ] 16 22 12-16 1 Form XXXIX n XXV » V » XXXIX XI II XXV VII 15 11 4 6 7 19 86 4 7 25 9 5 32 1 39 49 22 263-265 343 839 92,93 6,7 374 176 672 PRISONER. Affidavit to obtain order to bring up to give evidence ; section 112 Certificate of payment by a Discharge of, on payment Discharge of, on request of judgment creditors Order Service of summons on a PRIVILEGE. Claim of , for document PROBATE. Of will or original instrument, &o., to be left with registrar, if required. Of will to be compared with statement in affidavit Service out of England or Wales PROBATE ACTS. Proceedings under Certificate of registrar Notice to probate district registrar Order in probate action PROCESS. To be served by high bailiff PRODUCTION OF DOCUMENTS. Judge or registrar may order, at any time Judge to consider offer for Notice to produce Order for, on neglect of summons to produce PROHIBITION. Order for costs of day where rule not served or writ not lodged. PROMISSORY NOTES. See BILLS OF EXCHANGE AND PROMISSORY NOTES. PROOF. Of debts and claims in administration Of documents produced from proper custody to be read without. PROPERTY. Delivery of , in Admiralty actions Inspection of, by judge or jury Order for detention, &c., of Preservation of , warrant for Protection of, one person may sue for all interested in Sale of personal PROVIDENT SOCIETIES ACT, 1876. See INDUSTRIAL. Order. XXV vii XVI xxxvni vn XLIX ») II XVI XVIII PUBLIC OFFICER. Leave required to issue execution against Rule. 51 49 50 20 19 12 14 43 21 12 3 7 5 XXIV 18 XVIII 9 XXXIX 68 XXII 17 XII 3 II 39 III 24 II 38 XXV Form. 130 195 196,"l97 131 444 443 445 108 147, 148 14 673 Order. Eule. Form QUANDO ACCIDBEINT. Judgment of assets RAILWAY COMPANY, Service of summons on a REAL ESTATE. AfiBdavit of value , Certificate of result of sale Delivery up, where ordered to be sold To best purchaser with approbation of judge Sale of • Where legacy charged on REALISATION OF ASSETS. Accounts may te ordered to be audited before complete Audit of receiver's accounts after REAL PROPERTY. When directed to be sold, ordinary conveyancing charges to be allowed. Who to have conduct of sale RECEIPT. For money levied under execution RECEIVER. Accounts may be audited at any time Accounts to be written en foolscap paper bookwise Appointment of, though not asked for Appointment of, by way of equitable execution Attendance of party not required at audit ... Certificate of result of audit Court may direct, to pay party moneys received Default of Consequence of Fees and costs Interval between each audit Local Loans Act, under Neglect of Partnership, of Registrar to audit accounts of Remuneration of..-. Security to be given by, if not high bailiff ... To produce vouchers RECEIVING ORDER. Where debtor bankrupt, not to be committed Withdrawal of high bailifE on notice of XXX VII XXIII XXIII III XIII t) LIII xxin XIII L XIII G-9 XXV II . 27 20 21 18 19 17 21 28 17 6 4 1 13 10 11 12 14 7 G 11 1 4,6 3 2 5 84, 8G 36 304. 306 166 301 299 302 300 301 303 172 8776 2 U 674 Order. Rule. Form. RECORDS. Alteration of, on change of parties Inspection of , in Admiralty action RECOVERY OF LAND. See EJECTMENT. RECOVERY OF POSSESSION. Actions for recovery of tenements may be tried by jury ... Actions to recover possession of tenements to be so dis- tinguished. Orders, forms of Summonses, forms of Warrant, form of RECOVERY OP TENEMENTS. Closts in actions for Expiration of title before return day REFERENCE. Of disputes under Friendly Societies Act, &c. Order of, at any tima after commencement of action Same fees to be paid as on entering a .judgment under a default summons. Precedent for award on REGISTRAR. Interpretation of word Absence of, or his deputy Amendment, powers of At request of judge to frame list of assessors Bond to be deposited with Certificate of Certificate of , contents of Certificate of, to refer to judgment, hot to set it out Certificate of, to lie in office Certificate of, to be given of payment of legacy, &o. duty before execution of order. Certificate of , when becomes binding Claim sent in after time fixed Discretion on taxation of costs Disputed claims, hearing of ... Leave of judge to exercise jurisdiction may be general or special. May witness admission by defendant of truth of plaintiff's statement. Not to act as an agent Not to become surety Notes of proceedings before, under judgment or order Not to sign ledger Office may be closed on Saturdays at 1 p.m Office may be closed by special order of Lord Chancellor ... Office need not be kept open at more than one place Power of, under sections 90, 92 Receiver's accounts to be audited by Suitors' money to be paid by Suitcirs' money to be acknowledged by ... • To comply with Treasury regulations for the safe custody of securities. XVII XXXIX XXII V LIII XXIII XLI XX 84-86 13 15 LV ... II 1 XIV u XXI 1 XXIX 5 XXIV 27 29 *) 28 31 II 14 XXIV 32 21 Lni 21 xxn 25 ») 24 IX 5 II 13 XXIX 6 XXIV 36 II 13 I 3 5 3 XIV 14 XIII 4-9 II lU 11 )» 16 249, 250 217, 248 251 134 134a 321, 322 675 liEGIBTUATi— continued. , To draw up order under Trustee Belief Act, &o To enter in minute book all ordinary judgments and orders , , for payment of any debt, &c. To enter in "notice book " despatch of all summonses, &c. ..To file and number, &c., all documents To have all the powers of a master of the Chancery Division To issue all processes To keep an office open daily '. To keep books To make a note of judgments and orders in Admiralty and of plaints or petitions in equity to Registrar of County Courts Judgments. To prepare aff special judgments or orders To prepare copies of all documents, &c., in custody of Court or its officers. To produce Court books to treasurer To report non-payment of fine to judge To take accounts and inquiries To tax all costs, subject to review. To transmit all advertisements for insertion in London Gazette, except under Order ^XXIX, or Order, X LI, r. 12, to Registrar of County Courts Judgments. Variation or confirmation of certificate by, judg.e When appointed examiner , ,,, , When judge may appoint a deputy, ... Where claim made under a bill of sale, and an order made for sale, registrar to deliver duplicate of order to high bailiff Where judge, acting for another, signs any document, registrar to make a memorandum thereon. REGISTRAR OF COUNTY COURTS JUDGMENTS. All advertisements for insertion in London Gazette except under Order XXXIX, or Order XLI, r. 12, to be sent to. Note of order in Admiralty and Equity to be pent to Return of judgments in City of London Court to be sent to REGISTRATION OF JUDGMENTS. Of County Courts (in Admiralty and Equity) Of City of London Court REJECTION. Notice of, of imperfect affidavits or documents RELEASE. Defence of, under Bankruptcy Act Of property in an Admiralty action REMITTED ACTIONS FROM HIGH COURT. Copy, order of Court, or duplicate, and writ, with a state- ment to be lodged with registrar. , Notice of defence under Order X not required where defence in High Court. Notice of trial Particulars of demand or cause of action Order. XXXVIII XXIII II XXIV II I 11 XXXVI XXIII II LI XXIV LIII LIV XXIV XVIII II XVII XXVII II LIV XXXVI Rule. Form. XIX X XXXIX XXXIII 4 7 12 9 1-3 1 10 33.34 19 1 13 13 15 10 2 1 14 15 37-48' ' 133 376-384 281,283 280, 282 8775 2 U 2 676 Order. Rule. Form. REMITTED ACTIONS FROM HIGH COVRT— continued. Registrar to endorse order or duplicate, and file same XXXIII 2 ■■• Special notice in action for libel or slander )} 4 86,87 Transfer to another Court, where registrar has acted for )) 19 *•• party in High Court. Upon service of notice of trial upon defendant under Rule 1, ?J 3 • •• action to proceed as if an original action. • RENT. Accruing, payment of, by receiver, under direction of Court XIII 10 ■ •• Arrears of, may be joined with action for recovery of land IV 1 • ■• Interpleader where high bailifE directed to sell the goods. xxvn 13 ■ •• rent to be deducted. Judgment in replevin when distress for rent XXXTV 4 ... RBPTiKVIN. Action of, may be tried by jury xxn 3 • .. Bond in, where action commenced in High Court • •• >•■ 287 Bond in, where action commenced in County Court *•( ■ *■ 288 Costs in action of replevin XXXIV 6 ... For rent in arrear or for damage feasant }f 4,5 ... Judgment in, when distress for rent )1 3,^ 290 Judgment for damage feasant )) 3,5 291 Judgment for defendant for return of goods )J 6 ■ ■• No other cause of action to be joined )) i ■ ■• Notice to distrainor of goods to be replevied ■ •• 286 Particulars in action of XXXIV 2 ... Warrant to high bailiff to replevy ... 289 Where defendant entitled to a return for damage feasant... XXXIV "5 ■ •• Where payment into Court by plaintiffs in IX 21 ... REPRESENTATIVE. Amendment where wrongly sued XIV 5 ... Amendment where should have sued )) 6 ... Costs where party suing or sued in a fiduciary or represen- LIII 27 * .. tative character. Where no legal, Judge may proceed in absence, or may TIT 33 ... appoint some one to represent estate. REQUEST. Under Partition Act, 1868, s. 4, parties may attend at any IX 10 325 time after entry of plaint and sign. RESCUE. Summons to issue on complaint LII 1 355 Order and enforcement n 3 356-3G0 Witnesser and costs j» 2 ... RESIDUARY LEGATEE. Entitled to judgment may have the same without serving III 20 • •■ the remaining legatees, &o. Other legatees than are entitled to judgment need not be f« 21 ■ •• served. 677 Order. Rule. Form RETAINING MONEYS IN COURT. In certain cases money paid in to be retained Pending a new trial Where more than one action, Admiralty RETURN. Of judgments in City of London Court Of summonses by high bailifE Of warrants and orders of committal in foreign district RETURNING OFFICERS. Taxation of charges of Application for taxation Certificate under 49 & 50 Vict. c. 57, s. 1 Evidence to be oral, except by consent or order Examination of claim transmitted to returning officer Notice of time and place for examination Notice of time and place for taxation Order on taxation or examination of claim ; contents of Service of notices REVIEW OF TAXATION OF COSTS. All costs to be subject to review ... ... Any party dissatisfied with the taxation of any bill of costs may make objections in writing. Taxing officer to reconsider and review his taxation upon such objections. Procedure on application for review by judge RIVERS POLLUTION PREVENTION ACTS, 1876 AND 1893. Costs under ; increased allowances on certificate of Judge ROLL. Solicitors to sign a, or book RULES. Adjournment for non-compliance with Annulment of all prior Enlargement or abridgement of time fixed by General practice of Court prescribed by these rules to apply to all proceedings authorised by any Act. Non-compliance with, not to render proceedings void Of High Court under Companies Acts for winding up of companieij and societies to apply to County Courts. Proceedings authorised by any Act Proceedings under Acts not referred to in rules to be commenced by action or petifion or as interlocutory applications. To be adhered to, and no matter to beaddcd^to or taken from any form. Where no forms in Appendix ... IX 18 XXXI 1 XXXIX 82 • XXXVI 1 II 30 » ' 37 XLIII i yi 8 J) 6 8 4 2 » 7 )J 5 LIII LIII LIV XII page 1 LIV L LIV XLI L n LIV 1 5 6 47 45 15 12 36 24 12 36 35 23 22 423 429 426 427 424 425, 428 678 Order. Rule, Form. S. SAILOR. S'ervice of summons on., VII SALE. (See FORECLOSURE ; PARTITION.) Certificate of result of In interpleader, high bailiff after deducting expense? of sale and taxes and rent to pay balance into Court. In partition action, one solicitor only to have conduct, of ' proceedings. In Admiralty actions ... Of gbods under execution Of perishable articles, &c., order for Of p3rsonal property under superintendance of high bailiff < ''" ' Of real property, order to direct who to have conduct of ... Order for, in action by mortgagee or person having lien ... Registra,r to have powers of master of Chancery Division... Transfer of, in Admiralty actions ... Under execution, where proceeds to be held for fourteen days. Where all parties have signed request under Partition Act, 1868, order for sale may be made at next Court. XXIII 21 XXVII 13 IX 11 XXXIX 64-69 XXV 22,23 XII 2 II 38 XXIII 22 )J 17 XXIII 17 XXXIX 70-72 II 85 IX SALE OF EXHAUSTED PARISH LANDS ACT, Proceedings under spction 3 1876. SALE OF GOODS ACT, 1893. Specific performance of contract under section 52 ... SALVAGE. (See ADMIRALTY ACTIONS.) Property how released in Admiralty actions SATISFACTION. Acceptance of amount paid in as Paytaent after notice of defence Payment by plaintiff in satisfaction of counter-claim SAVINGS BANK, POST OFFICE. Payment into, in equitable actions or matters Where money withdrawn letter to be sent to the Treasury SCALES OP COSTS. (See COSTS.) SCANDAL. In interrogatories SCIENTIFIC INSTITUTIONS ACT, 1854, LITERARY AND.' SCIENtlFIO WITNESSES. Allowances to i SEALiiirG. ' Of documents • XXXIX IX xxxvn 18 10 10 46 13 15 16 1,2 3 XVI 7 X ... LIII 43 LIV 14 308 296-298 679 Order. Rule. Form. SEAMEN. Compensation to, detained as witnesses TJTl 42 ... SEARCHES. How to be made II 10 ... SECOND ACTION OR CROSS ACTION. In Admiralty, costs may be refused ... ... : XXXIX 52 ... In Admiralty, first and second actions may be tried )) 63 ... together. In other Court of record ... XXII 11 ... SECONDARY EVIDENCE. May be received where admissible XYIII 5 ... SECURED CREDITOR. To produce security •XXIV 15 ... SECURITIES. Custody of, deposited with registrar under section 70 n 16 ... SECURITS"." AfSdavit of sufficiency of sureties XXTX 2 .230 Amount of •■• XVI 23 ... By bond, notice of proposed sureties to be served XXTX 1 235 By bond, deposit with registrar of court )> 5 ... By claimant in interpleader XXVII 1 ... By person temporarily resident in England V 11 ... Creditors holding, to produce same XXTV 15 ... Deposit in lieu of bond XXIX 4 ... Deposit of, under Trustee Act, 1893, &c XXXVIII 18-22 336-339 Execution of bond i XXIX 3 237 For costs XVI 22 • •• For costs where plaintifE does not reside in England or V 10 16, 17, Wales ; where plaint entered through a solicitor, an under- taking to be given. Officers not to be XXIX 6 ... On application to set aside judgment under Eeotion 3, XXXV 4 ... Bil s of Exchange Act, 1855. On transfer of proceedings toir sale to High Court (Ad- XXXIX 71 ... miralty). Payment out of money paid in as XVI 24 ... Receiver other than high bailifE to give XIII 2 ... To be given where objection to jurisdiction X 6 ... When to be taken by high bailiff n 40 ■ ... Where defendant resides more than twenty miles from XII 9 ... Court. SELECTED ACTION. Actions for same cause against several defendants, judge VIII 7 ... may select one for trial. Notice to other plaintifEs of judgment )J 5,6 62 Where judgment against defendant in 1! 6 ... Where judgment for defendant in }} 5 ... Where several actions brought against one defendant, judge 1) 2 ... may, on undertaking being filed, stay proceedings until judgment in. 680 SERVANT. Infant suing for work as a Summons against, under section 86 SERVICE. Affidavit of, to state how efEdcted By bailifE of foreign Court By solicitor Doubtful, notice to phintiffi of In actions in rem, no service of summons required where solicitor agrees to accept. In case of vacant possession Indorsement of, or non-service, on copy of summons Indorsement of, on default summons... In metropolitan districts Leave to proceed as though Mode of, of ordinary summons Non-service of ordinary summons, notice of Of copy order of attachment Of default summons ... ... ... Of default summons, by plaintiff Of def lult summons, by solicitor Of defau't summons, or non-service of ; notice to be given to plxiatifl. Of default summons, to save statute Of default summons, where service other than by bailLS ... Of garnishee summons Of garnishee summons on a firm or company Of judgment ordering act to be done — To be personal Memorandum on Affidavit of Of judgment or order on a solicitor Of judgments and orders by post Of judgments or orders, mode of Of judgment summons, must be personal Of notice by defendant of claim to contribution, &c. Of notice of disobedieuce to an order of attachment Of notice of judgment, when dispensed with Of not'ce of judgment or order in an Admiralty action ... Of notice on a third party Of notice on an infant or person of unsound mind Of notice of judgment on persons interested in administra- tion of estate, &c., or in partition or sale of hereditaments Of notices, where no mode prescribed Of order by pos' giving leave to issue execution Of order on change or transmission of interest Of order to attend before examiner Of ordinary summonses Of petitions and notices under Trustee Relief Acts and otber Acts. Of process by high bailifE Of process by solicitor Of successive or subsequent judgment summonses Of summonses generally Of summons in action of ejectment Of summons where defendant has removed to new address within district. Of summons in Admiralty action a Of summons, how made in the following instances : — Barracks, in Order. XIX II LIV II XXXIX VII II vii n XXV VII II VII XXVI 11 XXIII » XXV XXIII XXV XI XXV III XXXIX XI III LIV XXV XVII XVIII VII xxxvni Rule. 16 15 12 27 3,4,5 6,23 6 24 2.3 23 29 34,39 10 5,24 58 30-33 33 33 31 37 34 3 4 9 9 33 6 7 7 25 1 59 30,31 57, 59-62 1 29 27 2 15 5 20 9-29 4 Form. II LIV XXV vn i ii XXXIX VII 21 5 33 111 8,24 22 15-18 19 31 29 34 id 30 35 37 185 132 29 m SERVICE — continued. Common gaol or house of oorreotion, on defendant employed in. Corporation, on Husband and wife, on , Infant, on Lunatic, on Lunatic or other public asylum, on defendant employed in. Marine, on Miner, on , Partners, on Person carrying on business in name of firm, on Prisoner, on...' Railway company, on Sailor, on Soldier, on Ship, on person living or serving on On company Doubtful ssrvice . On added or substituted defendant On husband and wife, both to be served On solicitor deemed service on party ... On witness On non-service of summons in foreign district Out of district ; letter to be sent with summons Out of England and Wales, when allowed Proof of Place of, to be indorsed on service of summons Proof of Setting aside Substituted -J Substituted, and notice in lieu of Time of | When defendant out of England and Wales When ordinary summons to be delivered for When process may not be served When defendant about to remove out of ordinary jurisdiction. Where defendant kesps his house closed or resists bailiS ... Where judgment debtor about to remove or keeping out of way. Where ordinary summons not served Where neglect of foreign bailiff to make a return Where summons has come to knowledge of defendant less than 10 days before return day. Where summons left at defendant's residence or place of business, and he does not appear. Where violence threatened ■ SETTING ASIDE. Application may be: made for a new trial or to For irregularity, on notics under Ordar sii., r. 11 Judgment onieo.unter-claim where plaintiff d3es not appear may be. SETTLED LAND ACT, See TRUSTEE RELIEF ACTS. Order. VIl II xiV VII LIV XVIII II 11 VII II VII VII XXXIX VII xviii VII n LIV vn XXV VII II vn XXXI LIV XXII Rule. 22 26 17 13 14 22 19 21 15 16 20 27 18 19 18 26 n 17 3 3,4 5,27 5 41-46 48 23 40 49 40 18 40 9 4 41-49 9 19 23 32 29 28 11 25 Form. 1 25 8 32 33 123 27 43, 44, 45 47-49 93a m SETTLEMENT. May be made by judge when married woman interested in fund. SET-OPF. By one of several persons jointly liable Defence of, to have same efEeot as a cross -action Misjoinder of plaintiffs, not to defeat counter-claim Where a defendant intends to rely upon a, particulars to be given. Where defendant pays into Court a sum admitted to be due after deducting a. Where established, judgment may be given for balance found due. SHAREHOLDER. Leave to issue execution against a, must be obtained SHERIFF. Action against, discovery in Charges of in interpleader SHIP. Arrest of Service of summons on board SHORT TITLE. To Orders and Rules SITTINGS OF COURT. Additional courts may be held Adjourned In Admiralty Notice to be put up of alteration in No two courts to be held before same judge in one day, unless with consent of Lord Chancellor. SLANDER. Action for, not within jurisdiction of Court, except by agreement. Action for, remittance of, from High Court , Defence in action for ■] Facts alleged in mitigation of damage in action for Special notice in action for Where action for, remitted under section 66 Where defendant justifies SOLDIER. Service of summons on a SOLICITOR. Admission of truth of plaintiff's statement ; no costs after service of notice, except for attending to enter up judgmeiit, &c. Affidavit not to be filed if sworn before party's Appearance by, in Admiralty Change of Costs, scales of Costs of, on judgment summons Order. XXXVII Rule. X 7 2 8 » 10,11 IX 17 XXII 22 XXV XVI XXXIII XXXIX VII page 1 . XXXIX I Form. 14 18 14 VII IX XIX XXXIX LIV LIII XXV 11-14, 23 18 XXXIII 1 • ■■ X 16 85 XXXIII 4 • ■■ X 17 86,87 XXXIII 4 ■ ■■ )J 4 • ■• X 16 ■ •• 19 20 6 1 53 84 352 68^ Form. SOLICITOR— coraiJnaerf. Indorsement of particulars by ... ■ ■ May give notice that he is acting ; not necessary where plaint entered by solicitor and particulars signed May inspect records of Admiralty Oouft pending action ... No costs to, on ordinary judgment summons No notice of employment required One only to have conduct of proceedings in partition action Party may act by, or agent Payment ont of Court to, in an Admiralty action Service of default summons by ■] Service of judgment or order, &o., on Service of process by ; to make necessary copies Service on Service on, to be deemed service on party Signature of particulars by Taxation of costs as between solicitor and client To sign roll ' Undertaking for costs by Where plaintifE does not require payment forthwith notice may be signed by. Where plaintiff acts by, notices to be sent to ... \ SOLICITORS' ACT, 1870. Applications under, to be by petition SPECIAL DEFENCE. Any party may at any time apply for directions relative to Where a defendant intends to rely on defence of bank- ruptcy or insolvency. Counter-claim, notice of Coverture , Disclaimer, admission, and other statements by defendants Equitable relief Infancy Jurisdiction of Court, objection to under section 62 Land, in actions for recovery of Libel or slander, justification of ' Libel or slander, facts in mitigation of damages in Misjoinder of plaintiffs not to defeat counter-claim Set oS and counter-claim Statute of limitations Statutory Tender Notice to be given of Objection by plaintifE under 47 & 48 Vict. c. 61, s. 18 Where counter-claim raises questions between defendant, plaintiff, and another person. Where one of several persons jointly answerable is sued ... Where plaintiff sues on behalf of others SPECIAL JUDGMENTS OR ORDERS. To be prepared by registrar SPECIAL EXAMINER. Appointment of registrar or other person as SPBCIA.L REPORT. Examiner may make, if necessary ... VI 9 LIV 4 XXXIX 84,85 XXV 53 LIV 8 IX 11 LIV 1 XXXIX 81 V 9 Vll 33, 34 xxin 6 LIV 5 vu 12 LIV 3 VI 9 LIII 43 LIV 7 V 10 » 19 II 41 LIV .3,4 L 4 XV 1 X . 15 10,11 13 9 19 12 6 ■ 4,5 16 17 8 2,11 14 18 20 10 3 22 7 1 XXTTT 4 XVIII 18,19 XVTTT 30 17 85 84 85 83 85 85 79 85 86 84 85 85 85 85 78 68i Order. Rule. Form SPECIFIC PERFORMANCE. Judgment in action for ■ >• ■ >. 314 Particulars VI 1 313 STAMP. Payment of duty to registrar where instrument unstamped XVIII 10 ■ ■• or insufficiently stamped {see 64 & 55 Vict. c. 39, s. 14). STANNARIES COURT (ABOLITION) ACT, 1896. County Court jurisdiction (matters within) L 8,9 • •. County Court jurisdiction (matters beyond) )) 10-28 ... Proceedings generally »» 1 ... Purser's and creditors suits abolished )) 5 • •• Sittings of Court )) 2-4 ... Winding up of companies n 6,7 ... STATEMENT OF CLAIM. See PARTICULARS AND STATEMENT OF CLAIM. STATUTE OF LIMITATIONS. Notice of defence of X 14 85 Where either party dies after service of default summons vn 37 •.■ to save. STATUTES AUTHORIZING PROCEEDINGS IN COUNTY COURTS. Abeicultubal Holdings (England) Acts, 1883 to 1900. 46 & 47 Vict. c. 61 ... 1 63 & 64 Vict. 0. 50 J XL ... ... Allotments and Cottage Gardens (Compensation for Crops) Act, 1887. 50 & 51 Vict. c. 26, s. 17 )) 8 ••• Allotments Extension Act, 1882. 45 & 46 Vict. c. 86 (sched. 2 & 4) L 15 •■• Army Act, 1881. 44 & 45 Vict. c. 58, s. 115 )) 14 ••• Ballot Act, 1872. 35 & 36 Vict. c. 33 (sched. 1) n 5 .,, Bankruptcy Act, 1883. 46 & 47 Vict. c. 52 s. 122 XXV 42,43 ... Bankruptcy Act, 1890. 53 & 54 Vict. c. 71, s. 11(2) II 35 ... Bills of Exchange Act, 1855. 18 & 19 Vict. c. 67 j VII XXXV 39,40 ... S.2 B. 3 Brine Pumping (Compensation for Subsidence) Act H "2 4 ... » ... 1891. 54 & 55 Vict. c. 40, s. 7 L 19-21 Building Societies Act, 1874. 37 & 38 Vict. 0. 42... XLI ... Charitable Trusts Act, 1853. 16 & 17 Vict. 0. 137 ' XL VIII 1-20 ... Charitable Trusts (Recovery) Act, 1891 n 21-23 ... Commons Act, 1871. 39 & 40 Vict. 0. 66, s. 30 L 9 ... 685 Order. Rule. Form. STATUTES AUTHORIZING PROCEEDINGS IN COUNTY GOVRT&— continued. CONVEyANCING AND REAL PROPERTY ACT, 1881. 44 & 45 Vict. c. 41, s. 25 • ■• • •• 310 County Courts Admiralty Jurisdiction Acts, 1868, 1869. 31 & 32 Vict. c. 71 ) 32 & 33 Vict. 0. 51 f XXXIX • ■• ... Debtors' Act, 1869. 32 & 33 Vict. c. 62 XXV 25,46,&c. • ■« Employers and Workmen Act, 1875. 38 & 39 Vict. c. 90, s. 3 • •■ • •« 432 Employers' Liability Act, 1880. 43 & 44 Vict. 0. 42 XLIV *.« ... Factory and Workshop Act, 1901. 1 Edw. 7, c. 22, s. 14(1) L 22 ... Friendly Societies Acts, 1875 and 1896. 38 & 39 Vict. c. 60 ) 59 & 60 Vict. CO. 25 & 26 f XLI ... ... Guardianship of Infants Act, 1886. 49 & 50 Vict. c. 27 XLVll ... ... Inclosure, &c. Expenses Act, 1868. 31 & 32 Vict. c. 89, sa. 3 & 4 L 1^ ■*. Industrial and Provident Societies Act, 1893. 56 & 57 Vict. c. 39 XLI *■< ... Inebriates Acts, 1879 to 1898. 42 & 43 Vict. c. 19, 8. 18 L 12 ... 61 & 62 Vict. 0. 60, s. 12 13 Inferior Courts Judgments Extension Act, 1882. 45 & 46 Vict. c. 31 XLV ... ... Legacy and Succession Duty Acts j II XLII 14 ... Libel, Law of. 6 & 7 Vict. 0. 96, s. 2 IX 14 ... as. 1&2 XXXIII 4 ... Literary and Scientific Institutions Act, 1854. 17 & 18 Vict. c. 112 XLI • •• ... Local Loans Act, 1875. 38 & 39 Vict. c. 83 L 6-8 London Building Act, 1894. 57 & 58 Vict. c. ccxiii, s. 91 31 ... a. 94 }, 32 a. 196 33 ... Lunacy Act, 1890. 53 & 54 Vict. c. 5, sa. 132 & 300 17 ... Market Gardeners' Compensation Act, 1895. " 58 & 59 Vict. c. 27 XL Married Women's Property Act, 1882. 45 & 46 Vict. c. 75 ni XL VI 11 ... Merchant Shipping Act, 1894. 57 & 58 Vict. c. 60, B. 610 L 23-30 138, 446 Money Lenders' Act, 1900. 63 & 64 Vict. c. 51, s. 1 34 Municipal Elections (Corrupt and Illegal Practices) Act, 1884. 47 & 48 Vict. 0. 70, s. 21 (b) Jf 16 Open Spaces Act, 1890. 53 & 54 Vict. c. 15 }f 18 ... Partition Act, 1868. 31 & 32 Vict. c. 40, a. 4 IX 10 ... 686 STATUTES AUTHORIZING PROCEEDINGS IN COUNTY COVRTS— continued. Pkobatb Act, 1857, Court of. 21 & 22 Vict. c. 95 ; Sale op Exhausted Parish Lands Act, 1876, 39 & 40 Vict. 0. 62, b. 3 Settled Land Act, 1882. 45 & 46 Vict. c. 38 Solicitors' Act, 1870. 33&34 Victvc. 28, ss. 8& 10 Stannaries Court (Abolition) Act, 1896. 59 & 60 Vict. c. 45 Succession Duty Act, 1853. ' 16&17 Vict. c. 51 Telegraph Act, 1878. 41 & 42 Vict. c. 76, s. 4 Trustee Act, 1893. 56 & 57 Vict, c. 63 STATUTORY DEFENCE. Where defendant intends to rely on . STAY OP PROCEEDINGS. Application for Application to judge for further directions, and appoint- ment for hearing to operate as a. Defendant entitled to costs to date of order where judgment for defendant in selected action. Judge may impose terms on application for Notice for a new trial not to operate as a, unless otherwise ordered. Notice of application given to plaintiff Undertaking by defendant Until after judgment in selected action Wheie action of plaintiff stayed counter-claim may proceed. STOCK. Registrar to give certificate of transfer Transfer of, under the Trustee Relief Acts STRIKING OUT. Action where all defendants not Eerved Action where neither plaintiff nor defendant appeals to default summons. Default summons Names of defendants not served Restoration of case struck out for plaintiff's non-appearance Subsequent action Where action pending in another Court for same cause ... Where person at trial declines to be made plaintiff, cause to be struck out. Where summons has not come to defendant's knowledge, or court is in doubt. in case of company Order. XLIX XXXVIII Rule. Form. LI n xxxvin VIII XXIV VIII XXXI vin II xxn XXXVIII XIV XXII VII XIV xxn XIV VII II 10 1 4 14 18 1-3 37 4 1 3 2 7 19 21 17 9 7 85 9 9 10 11 3 11 26 37, 419 420 333-342 85 61 01 60 687 Order. Rule. Form. SUBPCENA. Failure to comply with XVIII 26 ... May be issued without leave )) 3 ... May be served a reasonable time before return-day i> 4 ... SUBSTITUTED. Defendant may be, or added, on change of title XVII 3 ... Notice to defendant added or XIV 11 94,95 Plaintiff may be XVII 2 ... Service of notice of judgment or order in Admiralty action XXXIX 61 ... Service of summons under Bills of Exchange Act, 1855 ... VII 39 ... Where action commenced in name of wrong person XIV 1 ... Where a person appears at trial and admits that he is the p 4 ... person intended to be charged, his name may be sub- stituted for defendant's. Where service of a summons (except a default summons). VII 40 .•• notice, &c., cannot be made the Court may order sub- stituted service. SUBSTITUTED SERVICE. Affidavit for 1J 40 43 Notice in papers -j xxiix 40 15,18 45 Order ... ... 44 SUCCESSION DUTY. Must be paid before execution of order II 14 ... SUCCESSION DUTY ACT, 1853. Appeals under 16 & 17 Vict. o. 51, s. 50, to be by petition... XLII 1 *•• Evidence to be oral, unless by consent, or order of judge ... 7 ... Grounds of appeal, limitation of 11 6 *■* Interrogatories, discovery, &c., by Crown ») 8 ..• Order on petition to be drawn up, sealed and filed by J» 11 • ■• registrar. Petition, amendment of, by leave of judge )f 9 ■ •• Petition, title and service of )1 5 ... SUCCESSIVE SUMMONSES. Where default summons not served VII 30 ... Where defendant removes out of district after entry of }} 7 .•• plaint. Where ordinary summons not served »J 6 ... Where judgment summons not served XXV 33 ... SUITOR'S MONEY. Registrar to give acknowledgment for n 11 .*• When to be paid to ... ... ' )) 10 ... SUMMONS {and see SERVICE). Accounts and inquiries, oa taking XXIV 2 318 Against company, indorsement on copy of II 23,26 32 Against garnishee XXVI 1,2 199 Memorandum at foot of , 5 Date of VII "i ■ •• Delivery and service of, in action to recover land »v 8 ... High bailifE to deliver list of II 30 ..• In Admiralty action XXXIX 10 ... In interpleader XXVII 11,12 206-210 In interpleader, where assignor dispute*, assignment » 15 ... 688 Form. BTJMMOTSa— continued. In metropolitan districts ... ' In proceedings under Friendly Societies Act, 1896, &c. ... Issue of default, to be served by plaintiff or solicitor Issue of , in Admiralty action By registrar Letter to be sent by registrar with default, except in metropolitan districts. Married Women's Property Act, 1882, s. 17, to issue under May issue into foreign districts on plaint Notice of , when to be served in lieu of summons Ordinary, forms for Ordinary, when returnable Ordinary, when to be delivered for service Ordinary, where not served Particulars to be annexed to Particulars to be deemed part of • Praecipe for ordinary PrsBcipe for default Successive i To assessors by post in Admiralty actions To juror To parties to attend to proceed with inquiries and take accounts. To witness Affidavit of service of To witness on judgment summons ... When default, may be struck out When notice to be annexed to Where defendant about to remove out of jurisdiction Where issued by leave of judge or registrar Where jurisdiction enlarged by consent Where under section 86, not to issue in certain cases SUNDAY. No process to be served or executed on (except a warrant of arrest in Admiralty action). Time expiring on Warrant of arrest (Admiralty) may be executed on SURCHAEGE. Notice of amount and particulars to be given by plaintiff seeking. SURETIES. Affidavit of sufiBcienoy to be made Notice of proposed SURETY. Officers of Court not to be SURVIVOR. Action not to abate by reason of marriage, &c., if the cause of action survive or continue. SUSPENSION OF JUDGMENT OR ORDER. Order for vn 29 XLI 1 V 9 XXXIX 10 n 4 n 5 XL VI 2 VII 3 47 2 5 9 6 II 8 vn 4 vii 6,"7 XXV 33 XXXTX 91 xxiv "2 xvin 3,4 XXV 35 VII 35 ' I) 40 9 3 II 5 V 15 LIV 19 XXXIX 18 14 XXIV 10 XXIX •> )» 1 n G XVII 1 27,28 433 49 22 144 123, 124 125 48 23G 235 153 689 TAXATION OF COSTS Affidavits not in conformity with rules to be disallowed on Discretionary fees and allowances ... In actions for recovery of tenements In Admiralty actions where the amount does not exceed 201. under column B. Notice of, may be sent by post Of costs to be borne or paid by another party Of scientific witnesses Of witnesses Review of , Under section 64, under column C Where less is recovered than amount claimed Where party dissatisfied with Where party sued in a fiduciary or representative character TAXES. Where goods sold in interpleader, taxes to be deducted ... TELEGRAPH ACT, 1878. Application under, to be numbered as plaint Procedure on application TENDER. Defence of, not available unless money paid into Court ... Money paid into Court with defence of, to be retained Notice of proposed, in Admiralty action TENEMENTS, RECOVERY OP. Action for, may be tried by jury Action for Expiration of title before return day Order Summons Undertaking by defendant as to liability in several actions by decision in selected action. Warrant TESTATOR. Execution against goods of THIRD PARTY. Appearance by Default of appearance by Judge may decide all questions of costs between third party and other parties to action. Judge may order question of liability between third party and defendant to be tried. Where counter-claim raises question between defendant, plaintiff, and any other person. Where debt belongs to, or is subject to a lien Where defendant claims to be entitled to contribution, &c. Where, desires to dispute plaintiff's claim Order. Rule. Form LIII XIX LIII XXXIX LIII XXVII L I) X IX XXXIX XXII V xxin V VIII XI XXVI XI 5 23 13 112 3 22 43' 37-44 1,6,47 14 19 5 29 13 11 11 20 18 73-80 3 3 15 "3 2 22 10 1 2 85 249, 250 247, 248 251 245 88 8775 2 X 690 TIME. Computation of Enlargement or abridgment of, fixed in rules For doing any act expiring on day when office is closed For doing act ordered, to be stated in judgment Of service of summons on witness Within which inspection of documents is to be given TITLE. Change in defendant's Change in plaintifE's Judgmenjt in action for recovery of land where title of plaintiff has expired before return day. Particulars TOLL. Actions in which title to, comes into question not within jurisdiction of Court. Except hy agreement between parties TOET. Action of , remitted from High Court Where defendant relies upon statutory defence in action of TRANSFER. Of actions commenced in different Courts Costs occasioned by Of actions against officers of Court Of actions or matters remitted or transferred to or from High Court. Of action to High Court under ss. 67, 69 and 70, during progress of action. Of equitable action to High Court upon taking accounts and inquiries where amount of County Court jurisdiction exceeded. Of action to or from High Court under 36 & 37 Vict. c. 66, s. 90, or ss. 68 or 126. Of action from Chancery Division under s. 69 Of interpleader proceedings to County Courts under 47 & 48 Vict. c. 61, s. 17. Of Admiralty proceedings, person claiming an interest may intervene for purpose of case being transferred to High Court. Of Admiralty action to High Court or to another County Court. Of sale, proceedings on, to High Court (Admiralty) Of stock Transmission of certified copy of proceedings TRANSMISSION. Of certificate by registrar of payment of money into foreign court. Of interest, service of order and notice on change or Of letters, &c. by post Of proceeds of warrants from foreign districts Order. LIV xni VII XVIII XVI XVII xxin VI xxxin X vin xxn xxxin XXXIX xxxvin vni XXVIII xvn LIV XXVIII Rule. 17 12 18 9 9 4 15 3 2 15 8,9 9 28 1 5 6 8 ), 10, 11 22 50,51 70-72 17 9 5 20 2 Form 115, 116, 117 279 85 120, 121 331 331 284,"285 118, 119 173," 175 691 Order. Rule. Form. TRAVELLING EXPENSES. Of parties and -witnesses LIII 39 ••• TREASURER. Court books to be produced to II 12 ... Notice to, of deposit of security xxxvni 19 338 TRIAL. Interpretation of word LV ... ... Absent parties may be added on XXII 18 ... Action to be struck out where neither party appears to )? 7 ... default summons at. Action to be struck out where defendant only appears 1) 7 ... Adjournment of, on application of either party XII 12 92 Adjournment of, to enable parties to comply with practice »5 15 92 Adjournment of, where action pending in another Court XXII 11 92 for same cause. Admiralty action, where may be tried XXXIX 1 ■ •> Answer to interrogatories, use of xvin 16 ... Application for directions as to mode of XV 1 ... Application for directions for examination of witnesses » 1 ... before trial. Appointment of guardian ad litem to infant defendant Vii 50,56 ... By agreement under section 64 V 2 13 Counter or other claim may be tried by an independent XXII 20 ... action. Court may, in addition to giving judgment for damages and n 16 ... costs, grant an injunction. Documentary evidence taken at XVIII 12 ... Documents produced from proper custody to be received at. n 9 ... without further proof. Examination of witnesses before )» 18,19 ... Fixing XV 5 ... General jurisdiction at ... xxn 13 ... Inspection of property by judge or jury _ )i 17 ... Interrogatories, use of at trial ... XVIII 16 ... Judge at, may disallow amendment of particulars and notice XIV 12 ... of defence or adjourned trial. Judge at, may make an order for partial administration XXII VI 14 5 ... Judgment on counter-claim where plaintiff does not appear xxn 8 ... Jurisdiction (general) at f) 13 ... Jury, notice of demand of )) 1 ... May be adjourned that notice may be given )) 2 ... Mode of, any party may apply for directions as to .. XV 1 ... New, may be had before a jury XXI 2 ... New, notice of application for )) 1 ... Notice of day of XV 6 101 Notice of day of ... ■•• 38,39 Under Bills of Exchange Act, 1855 ... ... ■41 Notice of day in remitted actions XXXIII 1 281, 283 Officers of Court, actions against XXII 23 • .■ Postponement of, Xii 12-15 92,93 Security for costs" of discovery where it appears to judge at, XVI 22, 23 ..I or to the taxing officer reasonable. Separate, may be ordered IV 7 ••• Setting down for XIV 5 ... When a person brought in docs not appear at xxn 21 ... 69i TRIAL — continued. Where an affidavit may be used at Where assessors or one fail to attend Where defendant does not appear Where person at, or adjournment declines to be mide a plaintiff, cause to be struck out. Where person other than a defendant appears at, and admits that he is the person intended to be charged. Where set off or counter-claim established judgment may be given for balance found due to defendant. Where plaintiff does not appear at Where plaintiff is stayed, &c., counter-claim may proceed ... TRUST. Approval of compromise in proceedings respecting Execution of, how unknown class represented General order for execution of, not obligatory Orders where accounts insufficient Order. xvin XXI xxn XIV xxn TRUSTEE IN BANKRUPTCY. Joinder of claims by TRUSTEE ACT, 1893 :— The Settled Land Act, the County Courts Act, 1888, s. 70. Affidavit under section 70, on payment into Court All parties may apply Certificate of , may be given Cost of payment of money into Court to be taxed Deposit of security Facts may be supported by affidavit Judge may direct inquiries Memorandum of filing of affidavit to be indorsed Order for service of notice of application on trustee Order on a petition, &o., to be drawn up by Registrar Payment of money into post office savings bank under section 70. Payment to infant on coming of age Persons to be served to be stated on petition Petition to state whether duty has been paid Petition may be filed by person interested in funds in Court, or ft occasion require, the trustee. Probate of will, &c., or such evidence as registrar may require, to be left with him. Proceedings by petition Registrar to issue notice of day of hearing of petition Rights of all parties to be declared Service of petition and notices Statement iA affidavit to be compared with evidence of trust. Transfer of stock Trustees may be ordered to pay costs Trustee, when need not appear Trustee, where facts slated in affidavit filed by Verification of conseat to act Where prolixity or irrelevant matter Where trustee to be served with copy of petition Ill xxn IV XXXVIII XIX Rule. 11 11 7 3 Form. 22 6 19 9 19 14 15 9,10 7 15 11 18-22 5 6 13 24 8 16 29 2 31 23 12 1 3 27 4 14 25 28 26 13 30 24 333 334,"335 337-9 334, 339 340-342 335, 336, 339 332 G03 TRUSTEES. Consent to act as ••• Executors and others may sue or be sued without joining parties beneficially interested. May be ordered to pay costs Verification of consent to act TRUST FUNDS. Payment into Court of TT. UNDERTAKING. By defendant applying for stay of procefidiags By next friend of infant for costs .. By party for expenses in Admiralty action By person temporarily resident in England ... By solicitor to be responsible for costs UNKNOWN. Defendant, proceedings on discovery in Admirnlty action ... Heir at law, next of kin, or a class, how represented UNSOUND MIND. Appointment of guardian ati /«icm of defendant How consents for given How sue or defend Judgment against may be set aside where no jurisdiction Service on UNSTAMPED. Or insufficiently stamped instrument VACANT POSSESSION. Service of summons in case of VARIATION. Of interlocutory order of registrar by judge Of order by person not already a party Or confirmation of registrar's certificate Or confirmation of registrar's certificate where no applica- cation to vary. VARYING ORDER. Where judgment unsatisfied, Court on application ex parte of plaintiff may alter time and mode of payment. Variation of order on application of defendant Increase of order on application of plaintiff Fresh order on judgment summons VESSEL. Interpretation of word Execution against Transfer of sale Order. XIX III xxxvin XIX xxxvin VIII V XXXIX V XXXIX in VII ni VII xvin vn xn XVII XXIV XXIII XXV LV XXXIX Rule. 13 6 25 13 2 16 2 11 10 59 18 50-56 13 12 54 14 10 24 11 6 33 34 14 15 15 46 64-69 70-72 Form. 332 60 15 17 50-58 323 157 157 157 186 694 VEXATIOUS. Questions in cross-examination disallowed Costs of vexatious proceedings Where interrogatories have been exhibited vexatiously VIVA VOCE. Examination, further answer may be taken by W. WAGES. Actions may be brought by infants for WARRANT BOOK. Every warrant and order of committal to be entered in WARRANT OF ARREST (IN ADMIRALTY ACTION) For arrest of vessel In action in rem, when not required JVlay be executed on Sunday ... Service of Service of, how effected Service of. upon agent, how effected When, may be executed When, may issue WARRANT OF ATTACHMENT. General form of heading and conclusion Application to attach for breach of orders ... Discharge of person in custody by judge only Discharge of person in custody by registrar ... Disobedience to order Form of Order of judge for Memorandum at foot of WARRANT OF DELIVERY. Separate warrants may be issued Upon application judge or registrar may order, to issue WARRANT OF EXECUTION AGAINST THE GOODS, Against a firm Against plaintiff Applicant for, to produce plaint note, or summons ... BaUiff, for fine Commitment in cases of insult or misbehaviour Concurrent warrants Costs of warrants Date of Entry of , in proper book Entry to be made of, to be executed in foreign district Execution and entries of I Foreign court, to registrar of High bailiff to give notice of Indorsement on Inferior Courts Judgments Extension Act,- 1882, under Non-execution of, in foreign district Order. xxn Lni XVI XVI II XXV XXV LU J) XXV II XXVIII XXV ii XXV XLV II Rule. 12 33 4 Form. 16 33 13 6 19 15 15-17 18 14 13 57-61 62 63 59 57 60 70 69 11 8 ■7 3 8 18 19 6 33 1 33 11 17 10 37 372 349 "5 293^295 165 357. 366, 367 173 163 431 174 695 Order. Rule. Form. WARRANT OP EXECUTION AGAINST THE GOODS— continued. Notice to bailiff On goods of juror for fine Possession fees, when payable Receipt for money levied Registrar to issue Registrar on issuing, to deliver notice to bailiff ; bailiff upon levying to deliver notice to party. Return and certificate Sale of Goods Act, 1893, s. 52, under To be lodged in Court upon issue of judgment summons ... Transmission of proceeds of, levied in foreign distdcts When leave required to issue When granted to be expressed on Where default made in Jiayment of the whole amount, or of an instalment. Where defendant a married woman Where high baUiffi directed to detain and preserve goods ... Where no payment made within two years, warrant not to issue without leave. Where not executed within a month Of witness for fine WARRANT OP EXECUTION (IN ADMIRALTY ACTIONS). WARRANT OP POSSESSION. Execution may be issued for costs against plaintiff in ejectment. Not to issue till disobedience to order proved Recovery of land may be enforced by Service of Separate warrants may be issued for possession ^.nd costs ... WASTE. In action for prevention of, one person may sue on behalf of all interested. WASTE OF ASSETS. Judgment where waste charged Party suing an executor or administrator may charge in summons. WIFE. Husband or, claims by or against, may be joined WINDING UP OF COMPANIES AND SOCIETIES. Provisions of Companies Acts and rules applied to ... Costs in WITHDRAWAL. Of high bailiff, on notice of receiving order in bankruptcy... XXV 17 XXV 20 li XXV "4 17 XXVTTT XXV xx'viii XXV » 2,3 69,70 38 2 10,14 10 8 XXV II XXV 8 39,40 10 n LII 33 7 XXXIX 64-69 XXV 67 n V 68 64 68 66. TTT 24 XXX 4 3 IV 4 XLI 12 12 162 146 166 175 297, 298 173',"l75 163,"l64 164 127 411,412 263-5 n 36 696 WITNESS. Affidavit of, may be used on giving notice Allowance for attendance and travelling expenses Conduct of, report by examiner of Costs of, may be allowed whether examined or not Depositions how taken before examiner Depositions when to be given in evidence Disobedience to order to attend examiner Evidence of, to be taken orally on oath Examination by registrar of, on taking accounts, &c. Examination in presence of parties, &c. Examination of, before trial Expenses of, before examiner, same as at trial Expenses of, may be allowed whether summoned or not ... PaUure of, to comply with subpoena before examiner ' ... Failure of , to produce documents Fine on, for non-attendance, &o. Warrant of execution for Commitment in default or in lieu of distress May be summoned to prove means on judgment summons... Name of, examined on judgment summons, to be entered in book H. Objection of, to answer before examiner : liability to pay costs Officer of Court, or examiner, may administer oatbs Out of district of Court Plaintiff when entitled to allowance Proving plana, &o. Bef using to be sworn before examiner Scientific, allowance to Seamen, compensation to Summons to, how issued and served Time of service of summons on To produce documents before examiner Travelling expenses When does not produce documents Order. xvin LHI xvin LIII XVIII XXIV XVIII LHI XVIII )> LH XXV xvni Lm xvin Lin xvin Lin XVIII Bule. 11 37,39 30 41 25 31 21 1 1 24 18 22 41 26 5 7 7 7 35 36 25-27 32 19 38 44 26 43 42 3,4 4 20 39 5 Form. page 589 132 132 126 127 128, 129 123-125 JORDAN & SONS, LIMITED, Company Registration Agents, Seal Engravers, Printers and Publishers, 116 & 120 CHANCERY LANE, LONDON, W.C. New Companies Registered; Prospectuses, Memorandums and Articles of Association, Debentures, Trust Deeds, and all Company Documents carefully, accurately, and expeditiously Printed. ALL COMPANY BOOKS AND FORMS IN STOCK. THIED EDITION (1903). Large Demy 8vo, pp. lxxii.+1184. Price 25s. net ; by post 25s. 9d. CONCISE PRECEDENTS UNDER THE COMPANIES ACTS. By F. GOBE-BEOWNE, M.A., E.G.; assisted by AETHUE B. CANE, B.A., of the Inner Temple, Editor of Alpe's "Law of Stamp Duties." "Has won a well-deserved popularity for conoiseneBS and practical reliability among practitioners and business men, Mr. Gobb-Brownb's reputation as a Company Lawyer lends great weight to all he has to my."— Law Times. "The Notes, lilie the Forms, are concise, practical, and judicious, for Mr. Gobe-Brownb knows his subject well."— Law Journal. EEADY IN JANUAEY, 1904. THE COMPANIES (WINDING-UP) RULES, 1903. With all the Forms, and Notes -and Disquisitions by P. GOEB-BEOWNE, M.A., K.C. (Autlior of the above). TWENTY-PIETH EDITION (1903). Crown 8vo, pp. xl.-f604. Price 5s. net ; by post 5s. 6d. A HANDY BOOK ON THE FORMATION, MANAGEMENT, AND WINDING UP OF JOINT STOCK COMPANIES. By P. GOEE-BEOWNE, M.A., K.C. (Author of the above), and WILLIAM JORDAN, Company Registration and Parliamentary Agent. "The convenient size, clearness of expression, and soundness of judgment shown in this Handy Book make it invaluable to business men and most useful to practitioners." — La/w Magazine and Review. THIED EDITION. Price 5s. net ; by post 5s. 6i. THE COMPANIES ACTS, 1862 TO 1900, and other statutes and statutory Enactments affecting Joint Stock Companies ; with Notes, Cross References, and a full Analytical Index. By A. GLYNNE-JONES, B.A., LL.B., of Lincoln's Inn. " An admirably practical work, covering a whole range of Statutes and Statutory Enactments relating to or affecting Joint Stock Companies formed under Acts passed from 1862 to 1900. There seem to be very few points touching Public Companies which are not included in this well-arranged and clearly printed manual." — Sheffield Daily Telegraph. PtPTH EDITION (1903). Demy Svo, pp. xlviii.+408. Price 12s. 6d. net; by post 13«. NOTES ON PERUSING TITLES. Containing Observations on the Points most frequently arising on a Perusal of Titles to Real and Leasehold Property, and an Epitome of the Notes arranged by way of Reminders. With an Appendix on the Appointment of a Real Representative by The Land Transfer Act, 1897. By LEWIS B. EMMET, Solicitor. "ITiere is no book upon the subject which we can so confidently recommend. The Author is thoroughly conversant with what he is writing about and the literature relating thereto, and (what is so important in a braucli of Law where modern rules are of supreme value) he is, above all, up to date." — Law Notes. NINTH EDITION (1903). Demy 8vo, pp. xl.+352. Price 7s. U. net ; by post 8s. THE LAW OF STAMP DUTIES ON DEEDS AND OTHER INSTRUMENTS. Containing The Stamp Act 1891, The Stamp Duties Management Act 1891, and Acts amending the same ; a Summary of Case Law ; Notes of Practice and Administration ; Table of Exemptions ; the Old and New Death Duties ; the Excise Licence Duties ; and the Alterations in the Law relating to Stamp Duties efieoted by the various Finance and Eevenue Acts (including The Eevenue Act, 1903). By the lat'eB. N. ALPE, Barrister-at-Law, and of the Solicitor's Department, Inland Eevenue. Eevised and Amplified by AETHUE B. CANE, B.A., of the Inner Temple. " The work itself and the care with wbicli it is brouglit up to date, botli in the way of case and statute law, are well known to the profession, and the present issue is in all respects equal to its predecessors. "—iaiii Times. JORDAN & SONS, LIMITED, 116 & 120 CHANCERY LANE, LONDON. mw READY. Nearly 1,200 pa^es. Royal 8vo., cloth, pi Ice 37/6 {for Cash, 30/-) ; Postage, 9d. The LAW of COMPENSATION (LANDS CLAUSES ACTS). By EDWARD BOYLE, Of the Inner Temple and South-Eastern Circuit, one of His Majesty's Counsel, late Fellow of tie Surveyors' Institution; and THOMAS WAQHORN, Of the Inner Temple, Barrister-at-Law, formerly Chief Accountant of the Buenos Ayres Great Southern Railway Company. This work contains the text of the Lands Clauses Acts, with a commentary on the cases which have been decided under them. It contains, also, such parts of the Railways Clauses Acts as relate to the acquisition of land for the purposes of the undertaking, and the corresponding section of the general Acts relating to the construction of gas and water WOrkS, the improvement and sanitation of towns, the employment of land for military and naval purposes, and others. In all, the provisions of some fifty Acts relating to the compulsory taking or user of land are set out in detail. In Three Volumes. Royal 8vo., £2 10s. ; Cash Price, £2 ; Postage, Is. THE LAW RELATING TO TRAFFIC ON RAILWAYS AND CANALS. By EDWARD BOYLE, Of the Inner Temple and South-Eastern Circuit, one of His Majesty's Counsel ; and THOMAS WAQHORN, Of the Inner Temple, Barrister-at-Law, formerly Chief Accountant of the Buenos Ayres Great Southern Railway Company. PRESS NOTICES. "This is an important work, and is more complete in itself than any boolt dealing with the snbjeot with which we are aciiuainted. " — Solicitors' Journal. "A work which may reasonably be expected to become a recognised authority on the subject oJ which it treats."— Lnw JowncU. ' Ko lawyer who has a practice of any moment in Railway Law can alford to be without it." — Manchester Guardian, '* The authors have exercised a wise discretion in their treatment of a difficult and complicated branch of law, and they have undoubtedly succeeded in producing a work which will take its place among the standard text-books." — Law Times. " Tills important and complicated brancli of law is expressed in clear and intelligible language. . . . We considjer the plan adopted an admirable one, and that it has resulted in the production of a really useful treatise."— ijoiiwai/ News. IN PREPARATION. Third Edition. Royal Svo. About 1,100 Pages. THE LAW OF RATING WITH Complete Digests of Cases and all the Important Statutes. By EDWARD BOYLE and G. HUMPHREYS-DAVIES, One o£ His Majesty's Counsel. ^ Fellow of the Surveyors' Institution. OriNIONS OF THE PMESS. SECOND EDITION. "This work will be found indispensable in all special questions on the Law of Minting."— Solicitors' JonrtuU "A complete guide to Lawyers in Bating Appeals."— Zctw Journal. " This is a good book. The authors have accomplished the difficult task of combining a treatise upon general princibles such as a student will study, with a work of reference in a high degree useful to the practitioner."— (1) Law Times. ' "A standard authority on this important subject. . . . The gieat feature is its masterly treatment of points iii the Law of Hating that are still to some extent open questions. . . . Every Counsel, Solicitor, Surveyor, and great Comnanv should add this book to their libraries."- iow Review. "A new and improved edition. . . . Deals with every point relating to the Assessment of Railways. Docks TramwAvis Gas and Water Works, Electric Lighting Works, Manufactories, &e."—DaUy Telegraph. ' ""'"'*^»^> VSlTJuUTA^tOL ClLiOlWESS & SONS, ILitcl., 3Law publisbevs an& Booftsellers, Printers and Publishers to the Incorporated Council of Law Reporting for England and Wales, 7, FLEET STREET, LONDON, E.C. The new COUNTY COURT RULES, which come into force on January 1, 1904, render all old Practices obsolete. IStfct y&SLV of issvte. This Work has been for 14 years the leading County Courts Practice. "The recognised 'White Book' of the County Courts." Just Published. Demy 8vo., price 25s. (Cash price, £1 Os. 6d., post free.) 1. Ordinary Edition, in two vols. 2. In one handy volume printed on thin paper. THE ANNUAL COUNTY COURTS PRACTICE Edited by His Honour Judge SMYLY, K.C., A Member of the Rule Committee, And W. J. BROOKS, Esq., Bamster-at-Law. SOME NEW FEATURES OF THE 1904 EDITION. I. The Editors have taken the opportunity of revising- and re-writing many of the notes. .„„iai„orf • thp z. All alterations in and additions to the Rules, however unimportant, have been '^^re^l'V "o'^'l,^"';.^JPf '."f '1' '"„ cross-references from the text to the Rules, and from the Rules to the text, will readily enable the practitioner to grasp ' ^3. ^ The date of%very case cited is given. This will be found of special assistance, as at a glance it will be apparent to which particular Act or set of Rules the decision is immediately applicable 4. The Practice may now be obtained bound in ONE HANDY VOLUME printed on thin paper. Opinions of the Fi'esa, " Invaluable to the County Court practitioner. "—iaio JoKi'rtsJ. , 1. ■ , , n- „,i,„i,.oi,iv f„iflK flip ps'sential ■■ The profession generally have gratefully recognised the very great value of this book. ."/^.^^ ' ™a v of rS^^^^^^ requisites of a practice book. It is complete without being discursive or of umviekly bulk ; it >^^S' ™^t\f "^„^f.L[™ K™^ and throughout bears the stamp of having been compOed by a man who is hM;P"ghly acquainted wth '"f/ "' "*1 -f ™ f , "^^ " We have reason to know that the ■ Annual County Court P.actice hold.^ and vvorth.ly holds «^.^^^™«,P°™;™ .'V.^J^^' esteem of PTactitioneis in the County Courts as the • Anmia) PiOLtice ' in that .1 practitioners m the High Couit, -Xn« ^otes. SWEET & MAXWELL, Ltd., 3, Chancery Lane, London; STEVENS & SONS, Ltd., 119 & 120, Chancery Lane, London. IMPORT ANT LAW WORKS. In Active Preparation. Seventh Edition. Two vols. , royal Svo. D \M"S VENDORS AND PURCHASERS : A Treatise on tlie Law and Practice relating to ^Vemlors and Pu "lasers "f Eeal Estate. Seventh Edition. By BENJAMIN L. CHEEEY, Esq., Barrister-at-Law, one of the Editors of " Prideau-x'a Precedents in Conveyancing," Ac. Just Published. Ninth Edition, aoyal 8vo., doth, S2.«. „»,,„. mTTT^o PALMER'S COMPANY PRECEDENTS FOR USE IN RELATION TO COMPANIES SUBJECT TO THE COMPANIES ACTS, 1862 to 1000. will be in agreement with ua." — Law Jovrnal. .Just Published. Fourth Edition. Royal 8vo., cloth, 25s. tit-, t a n/r-nc! CASTLE'S LAW AND PRACTICE OF RATING. Fourth Edition. By EDWAED JAMES .■AfoSfenftousteatise, which has earned the goodwiU of the profession on account of its conciseness, its lucidity, and its accuracy. "-L«»' Tin«.5. ju^t Published, Sixth Edition. Demy 8vo., cloth, 20s. ru A TlvrFR<5' BILLS OF EXCHANGE. A Digest of the Law of Bills of Exebange, ^"^^omEfr? Notei!^c';;eque"and i^Viable Sec.,rities. By M.^D. CHALMEKS, Esq., C.S.I., Draughtsman of the Bills of -lachsefH^' having appended to it illustrations in the nature of short statements of decided cases. These are prepared with tS skilful "oncisenesf if which the learned Judge is a raaster."-L»«. Tune.. ,Iust Pulilished. IWth Edition. Demy svo., cloth, 12s. 0-1 .„^,^^ ... onrTI nnPFRq' PRINCIPLES OF PROCEDURE, PLEADING, AND PRACTICE IN CIVIL ^^^A^'flONS IN THE* HICII c"4t OE .n^'H.^-. i.v W. BLAKE ODGEKS, Esq., K.C., LL.D., Becurdcr of^^Ply .. dtndent or practitioner who desires instniction and practical ,uida,H:e in our modern system of pleading cannot do better than possess himself of Mr. Odgers' book,"-A(Hi> Journal. .lust Published, .Seventh Edition. Demy svo., cloth, 10,». SHIRLEY'S SELECTION OF LEADING CASES IN THE COMMON LAW. A\ itli J.otes. part of the work."-in«' Journal. VAl'AJMdVE OI- LAU MOllKS J'OSr li'ltliJi. STEVENS & SONS, Ltd., 119 & 120, CHANCERY LANE, LONDON.