-^%. IMAGE EVALUATION TEST TARGET (MT-3) (moaning "COIM- TINUED"), or tha symbol y (moaning "END"), whichavar appllas. Las imagas suivantas ont M raprodultas avac la plus grand soin, compta tanu da la condition at da la nattatA da l'axampiaira film*, at an conformity avac las conditions du contrat da filmaga. Laa axamplairas originaux dont la couvartura an papiar ast imprlmAa sont filmte an commandant par la pramlar plat at an tarminant solt par la darnldra paga qui comporta una amprainta d'imprassion ou d'lllustration, solt par la sacond plat, salon la cas. Tous las autras axamplairas originaux sont filmte an commandant par la pramlAra paga qui comporta una amprainta d'imprassion ou d'lllustration at an tarminant par la darnlAra paga qui comporta una talla amprainta. Un das symboias suivants apparattra sur la darnlAra imaga da chaqua microflcha, salon la caa: la symbola — »> signlfia "A SUIVRE", la symbols V signlfia "FIN". Maps, platas, charts, ate, may ba flimad at diffarant raduction ratios. Thosa too larga to ba antiraly Includad in ona axposura ara flimad baglnning In tha uppar laft hand cornar, iaft to right and top to bottom, as many framas as raqulrad. Tha following diagrams illustrata tha mathod: Las cartas, planchas, tablaaux, ate, pauvant Atra filmAs A das taux da reduction diff Arants. Lorsqua la documant ast trop grand pour Atra raprodult an un saul ciichA, 11 ast film* 6 partir da I'angla supAriaur gaucha, da gaucha A droita, at da haut an bas, an pranant la nombra d'Imagas nAcassaira. Las diagrammas suivants lliustrant la mAthoda. 1 2 3 1 2 3 4 5 6 pi 'J GENERAL RULES AND FORMS, AS FRAMED AND APPROVED PURSUANT TO TTTE PROVISIONS OF THE TENTH SECTION OF " TIIK UPPER CANADA DIVISION COURTS' EXTENSION ACT OF 1853/' (lull Vic, Ch. ITT, Sec. 10,) FOR AND CONCERNING THE PRACTICE AND PROCEEDmCS OF DIVISIOS COURTS IK UPPER CANADA. TORONTO, U. C, 1854. riMNTRD AT THR " LEADER" STKAM PRESS, KINO STREET EAST. WHEREAS by " The Upper Canada Division Courts Exten- sion Act of 1853," it was enacted, That it should be law- ful for the Governor General of this Province to appoint and authorize five of the Judges of the County Courts, in Upper Canada, to frame such General Kules, as to them should seem expedient, for and concerning the practice and proceedings of the Courts holden under the authority of "Tho Upper Canada Division Courts Act of 1850," and for the execution of the process of such Courts, and in relation to any of the provisions of the said last mentioned Act, or of "The Upper Canada Division Courts Extension Act of 1853," or of any Act to be thereafter passed, as to which there might have arisen doubts, or might have been conflicting decisions in the said Divisions Courts, or as to which there might thereafter arise doubts ; and also to frame forms for every proceeding, for which they should think it neces- sary that a form should be provided : and that all such rules, orders and forms, al aforesaid, should be certified to the Chief Justice of Upper Canada, under the hands of the County Judges BO appointed and authorized, or of any three of them ; and should be, by the said Chief Justice, submitted to the Judges of the Superior Courts of Common Law at Toronto, or any four of them ; and that such Judges of the Superior Courts (of whom the said Chief Justice, or the Chief Justice of the Court of Common Pleas at Toronto should be one) might approve or disallow, or alter or amend such rules or orders ; and such of the rules as should be BO approved by such Judges of the Superior Courts, should have the same force and effect, as if the same had been made and included in " The Upper Canada Division Courts Extension Act of 1853." And "Whereas by virtue and in exercise of the power for that purpose given to the Governor of this Province by the said recited Act, " The Upper Canada Division Courts Extension Act of 1863," 2 Tlie Honorable Samuel Bealey Harrison, Mile8 O'Reilly, Edward Clarke Campbell, George Mallocli, and James Robert Gowan (five of the Judges of the County Courts in Upper Canada), wero on the twenty-fifth day of November in the year of our Lord one thousand eight hundred and fifty-three, appointed by His Excel- lency the Administrator of the Government of this Province, to frame such general Rules and Orders, as to them should seem expedient, for and concerning the practice and proceedings of the Courts holden under the authority of the said Upper Canada Divisions Courts Act of 1850, and for the execution of the pro- cess of such Courts, and in relation to any of the provisions of the said Act of 1850, or of the above in part recited Act, as to which there might have arisen doubts, or might have been conflicting decisions in the said Division Courts, or as to which there might thereafter arise doubts, and also to frame Forms for every pro- ceeding, for which thiey should think it necessary that a Form should be provided. In Pursuance of the powers thereby vested in us. We the said Samuel Bealey Harrison, Miles O'Reilly, Edward Clarke Camp- bell, George Malloch, and James Robert Gowan, have framed the following Rules, Orders, and Forms, and we do hereby certify the same to the Chief Justice of Upper Canada accordingly. (Signed,) S. B. 'HARRISON, M. O'REILLY, E. C. CAMPBELL, GEO. MALLOCH, JAS. ROBT. GOWAN. Toronto, 28th June, 1864. Scl as RULES. 8 i TIME OP OPERATION. 1. All rules of Practice and Forms, now in force in the several Counties, respectively, in Upper Canada, shall, from and after the Rules and Forms hereinafter set forth come into operation, cease to be used in the several Division Courts of Upper Canada ; and, in lieu thereof, the following shall be the Rules of Practice and Forms adopted and used in the said Courts : and with reference to Forms, not contained in the Schedule to these Rules appended, where practicable, the Forms prescribed in the said schedule shall be used as guides in framing the same, until Forms shall be provided by the Commission under the authority aforesaid. 2. It is ordered, that the following Rules and Forms shall come into operation, and bo in force, upon, from, and after the first day of October, 1854. CLERK'S DUTIES. 3. The Clerk of every Division Coui-t shall have an office at such place, within the Division for which he is Clerk, as the Judge shall direct. 4. Two books (besides the account kept for the Fee Fund) shall be kept by each Clerk, and the necessary entries be fairly made therein, namely, a book to be s^h«daie^ *" called " the Procedure Book," in which shall be entered a note of all Summonses issued, and of e'J Orders, Judgments, Decrees, Warrants, Executions, aid Re- turcs thereto, and of all other proceedings in every cause, and at every Court ; and a book to be called thefche!ui«f **' " Cash Book," in which shall be entered an account of all Suitors' Moneys paid into and out of Court; which books shall be according to the Forms given in the Schedule to these Rules appended, and kept, as nearly as may be, in the manner shown in the Forms. 6. The Returns, required to be made by Clerks under the 110th Section of the "Upper Canada Division gj.^^w of Courts Act of 1850," shall be according to the Form BULXS. St* No. IT of Scbtdule. See No. M of Bchediile. lee No. 6 of Schedule, alM Bui* No. 18. given in the Schedule, and shall he made immediately after the 30th day of June, and Slst day of December, in each year, without any special order from the Judge. 6. The List of unclaimed moneys, required by the 13th Section of "Tlio Upper Canada Division Courts Extension Act of 1853," shall be according to the Form given in the Schedule ; and a copy thereof shall, in the month of January in each year, be transmitted by the Clerk, together with the moneys therein mentioned, to the Treasurer of the County. T. The Ketums mentioned in the twelfth Rule, shall be filed by the Clerk in his office, and shall be open, without fee, to the inspection of any person interested, desirous of searching the same; and it shall be the duty of the Clerk to examine such Retmns, and if found correct and complete, within ten days after the receipt thereof, to endorse thereon a Memorandum in the fol- lowing words : " I have carefully examined the within «' Return, and find the same to be full, true, and correct, " in every particular, to the best of my knowledge and »' belief. Dated the day of 18 A. B., Clerk." And if such Returns be found by the Clerk to be incor- rect or incomplete, he shall forthwith notify the Judge of the same, and of the particulars thereof. 8. The Clerk shall number every demand, claim, or account, in the order in which it is received by him : the numbering to show the standing of the suit, in res- pect to the whole number of suits entered in the Court for the then current year. 9. The Clerk shall annex to every summons (whether original, alias, or pluries) the copy of account, demand, or claim, entered with him according to the fourteenth Rule; and to each copy of summons to be served, shall be likewise annexed a copy of such account, demand, or claim ; and the clerk shall, without delay, issue the same for service. 10. Upon all "Warrants of Commitment, the Clerk ^•JJ^55;J^*of the Court, issuing the same, shall indorse, and show BULES. 5 tlie amount of Debt and Costs, in gross, on each pro- ceeding, or of Fine and Costs, up to the time of delivery to the Bailiff for execution. BAILIFFS DUTIES. 11. Four days before the holding any Court, tlie Bailiff of that Court shall deliver to the Clerk a Return of each summons issued or delivered to him, returnable at such Court, and such Return shall state the mode of service; and if a summons has not been served, the reason of such non-service shall be stated, in writing, on the back thereof. 12. Every Bailiff, levying and receiving any money ,^,jj„,,,,, , by virtue of any process, shall, within three days after the receipt thereof, pay over or transmit the same to the proper oflScer; and at every Court, and at such other times as the Judge shall require, the Bailiff shall deliver to the Clerk of the Court, a Statement, or Return on oath, pursuant to the Form in the Schedule, of what shall have been done since his last Return, under every eJSiduie^ ** Warrant, Precept, and "Writ of Execution, which he shall have been required to execute. 18. The Bailiff, or other officer, executing any War- rant of Commitment, shall, at the time of delivering the party arrested with the warrant to the Jailer, indorse the number of miles, showing the amount of mileage, and also state, in writing, the actual day of the arrest DESCRIPTION OF PARTIES. 14. Every account, demand, or claim, should show the names in full, and the present or last known places of abode of the parties, and must be written in a legible manner, and delivered to the Clerk, at his office ; pro- vided that if the plaintiff is unacquainted with the defendant's christian name, the defendant may be des- cribed by his surname, gr by his surname and the initial of his christian name, or by such name as he is 6 RULES. E«4uu *"' generally known by: and the defendant may bo so doHcribed in the snnjiiions, and t)ic same may be taken to b(! iiH valid, i.h if the true christian name and sur- nanio lia^ demand, but alle<,'eM a total or partial administration of the assets, and proves the administration alleged, the judgment shall he for assets, (jvancto acclderint^ and the phtintifi' shall pay the defendant's costs of proving the administration of assets. 03. Where a defendant admits his representative character, and the plaintilPs demand, but alleges a total or partial adminiMlration of the assets, but docs not prove the administration alleged, the judgment shall be, to levy the amount of the demand, if so much assets is shown to have corne to the defendant's hands, or so much as is shown to have come to them, and costs, de bonis ttdatoris si cfcc, ^/, si non, as to the costs, de honis proprila ; and as to the residue of the demand, if any, judgment of assets, (jnando acciden?it. 64. Where judgment has been given against an executor or administrator, that the amount be levied upon assets of the deceased, quando acciderint^ the plaintiff, or his personal representative, may issue a summons in the Form in the Schedule ; and if it shall appear, that assets have come to the hands of the executor or administrator since the judgment, the Court may order that the debt, damages, and costs be levied de bonis testatoris si <&<•., et., si non^ as to the costs, de bonis propriis : provided, that it shall be competent for the party 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 56; and the provisions of Rule 57 shall apply to such enquiry: and the Court may, if it appears that the party charged has wasted the assets, direct a levy to be made, as to the debt and costs, de bonis testatoris si &c., et^ si non, de bonis 2>rojpriis. KULEP. tl lllo t C5. Where a defendant admits his rcprcsrntativo character and the pluintifpH demand, and that he is chargeal)lo with any stini in n-spoet of assets, he shall pay such sum info Court, subject to the rules relating to payment into Court, in other cises. 60. Inactions ajLjaiiis^ oxecuttM.4 and administrators, for which provision is nui hereinbefore specially made, if the defendant fails as to any of his dcfencef«, the judgment shall be for the plaintiff, as to his costs of disproving such defence, and such costs shall be levied dc bonis icstatoris si &c'., ct^ sinon, de bonis proj/riis. REVIVING JUDGMENTS. C7. No Warrant of Execution, nor Summons for Commilment shall, without leave of the Judge, issue on a judgment more than a year old, miless an instal- ment has been paid on such judgment, or a Warrant of Execution against the goods, or a Warrant of Com- mitment, has been issued within a year from the time of obtaining sucli judgment ; but no notice to the de- fendant, previous to applying for such leave, shall be necessary. 68. The mode of reviving a judgment, under the g^^ j,„g ^^ ^g^ 73rd section of « The Upper Canada Division Courts ^Jfi^^' "* Act of 1850," shall be by summons on the judgment, in the nature of a sci : fa : the proceedings on whicii shall be the same as in ordinary cases. GENERAL RULE, 69. Where the excess is abandoned, it must be done, in the first instance, on the claim or set-ofF. ^ Claims by husband, in their own right may be joined with claims, in respect to which the wife must be joined as a party. Where the Court gives leave to take any proceed- 22 RULES. >¥ \ii^ "?!l ^1 ing, such leave shall be minuted in the Procedure Book, but it shall not be necessary to draw up any order. In cases where the hearing is by Jury, the Judge has the same power to non-suit, as in ordinary cases. Under the 9th section of " The Upper Canada Division Courts Extension Act of 1853,," the leave to be granted for issuing a summons shall be by the Judge, before whom the action is to be tried under the order ; but no leave shall be given to bring a suit in a Division, other than one adjacent to the Division, in which the party to be sued resides ; but the Division may be in the same, or an adjoining County. seeNos. 25ard After an award is made and filed, (with an affida- 36 of Schedule ' ^ vit of the due execution thereof) under the 4th section of " The Upper Canada Extension Act of 1853," the duty of the Clerk is, forthwith to enter the judgment on such award, and issue execution thereon, at the request of the party entitled to such execution, with- out any order from the Judge. The Court has no jurisdiction to try an action upon a note of hand, whether brought by the payee, or any other person, the consideration, or any part of the con- sideration of which, was any gambling debt, or for spirituous or malt liquors, or other like liquors, drunk in a Tavern or Ale-house. INTERPRETATION. 70. In construing these Rules and Forms, the word "person" or " party" shall be understood to mean a body Politic or Corporate, as well as an individual ; and the word " executor" or " executrix" or both, (when used) shall be held to embrace and mean " of the last will and testament," and extend to parties acting as such of their own wrong j and the word EULES. 23 " administrator" or " administratrix" or both (when used) shall be held to embrace and express " of the goods and chattels, rights and credits, which were, &c." ; and every word importing the singular number shall, where necessary to give full eftect to the Rules and Forms herein, be understood to mean several per- sons or things, as well as one person or thing ; and every word importing the masculine gender shall, where necessary, be understood to mean a female, as well as a male ; and the words " on oath" shall be understood to mean vivA voce, or by affidavit, or affirmation ; and the words " Judge" and " Clerk", respectively, when used, shall be taken to extend and be applied to the Deputy Judge or Deputy Clerk (as the case may be or require) ; and the words " plaintiff" and " defend- ant," respectively, shall be mutually transposed, where necessary for the proper application and construction of any of these Rules or the Forms herewith, or for giv- ing effect thereto ; and the word " County" shall in- clude any two or more Counties united for judicial pur- poses ; and in any Form or proceeding, the words " United Counties," shall and may be introduced ac- cording to law, and circumstances rendering the same necessary. SCHEDULE OF FORMS. 1. AFFIDAVIT FOR LEAVE TO SUE A PARTY RESID- b« Rule No. ao ING IN AN ADJOINING DIVISION. In the — A. B., of Division Court for the County of • , yeoman, maketh oath and saith that he {or E. F. of — , yeoman, agent for A. B. of, &c., maketh oath and sailh that the said A. B.) hath a cause of action asrainst C. D. of who resides in the , yeoman, Division of the County of ^ that this deponent {or the said A. B.) resides in the — Division of the County of ■', that the distance from this deponent's residence {or from the said A. B.'s residence) to the place, where this Court is held is about miles, and to the place, where the Court is held in the Division of the County of is about miles ; that the dis- tance from the said C. D.'s residence to the place, where the Court is held in the Division where he resides, is about miles, and to the place, where this Court is held about miles ; that the said Division and this Division adjoin each other, and that it will be more easy and inexpensive for the parties to have this cause tried in this Division, than elsewhere. Sworn, &c. A. B. {or E. F.) 2. AFFIDAVIT FOR LEAVE TO SUE IN ADIVISION,^,^ ^^^^^^ ADJOINING ONE IN WHICH DEBTORS RESIDE, WIIEltE THERE ARE SEVERAL. In the Division Court for the County of- A. B. of , yeoman, maketh oath and saith, that he {or E. F. of , agent for A. B. of, &c., maketh 26 SCHEDULE OF FORMS oath and saith, that the said A. B.) hath a cause of action, respectively, against each of the debtors, named in the first column of the schedule on this affidavit endorsed ;— that the columns in the said schedule, numbered respectively 1st, 2nd, 3rd, 4th, 5th, 6th, and 7th, are truly and correctly filled up, according to the best of this deponent's knowledge and belief; — that the Divisions named in the second and third columns of the said schedule, opposite each debtor's name, respectively adjoin each other ; — and that it will be more easy and inexpensive for the parties to have the said causes, respectively, tried in this Division, than elsewhere. Sworn, &c. A. B. {or E. F.) O H I p Q SCHEDULE OF FORMS. %1 use of named [fidavit ledule, h, and to the ; — that (lumns name, nil be Lve the 1, than ,F.) 1 i B2.SS O -w ^ • •s2 - £ p4 ^ s Xumber of n debtor's res where Conr Division, wb resides. t4 " |2.S2 ° ^ ^ • », gUJ.g H aiS" . P 4 miU esid( art here iced. ^ oo < to >^ a 9 V ri " ^.^^ a S a lljli &H i^fs^ ^ S5 < ^ from Dce to :ld in h suit l-H m 4) 5 .a s 4 Number of mile creditor's resid where Court '. Division in wh to be commenc tH H Jz; i2-2i h-i ^ a^-o^ P a V ,fl 00 Of J3 "S o o i mil resi )urt nwh 1. SJ s H V r of tor's e C( ioni tide! P |=s|-?" P^ iSfss E REFERR !Z 1 ^1 is Q Division No. 1 in the United Counties of Wentworthand Ealton. .Sa -a e 8 in lies of Uand. 0» g W 1 '^i J^ o « a a ssa-a S5^ cc Division United coin ac If .SO Q o-i « SR-i o"A ; 2 «.2 « eH §■3 ^i , of Sal nited Coi ivorth an it Debtor's i residenc tion. John Doe of the U ofWenti ton, yeo Bicbard 1 County quire. 28 SCHEDULE OF FOlllVrS. 8. PARTICULARS IN CASES OF CONTRACT. s«eEuieNo.i6 A. B. of claims of C. D. of the sum of- [the amount of the following account or the amount of the note (a copy of which is under written) together with interest thereon :] or for that the said C. D. ])romised {here state shortly the promisi) whicii undertaking tiie said CD. hath not performed :— or, for that the said C. I), by deed under his seal dated , covenanted to, &c., and that the said C. D. hath broken said covenant, — whereby the said A. B. hath sustained damages to the amount aforesaid.] A. B. 4. PARTICULARS IN CASES OF TORT. See Rule No. 16. A. B. of — about the Township of ■ -, unlawfully [take and convert one cow and one calf, the properly of the said A. B. : or break and injure a wagon of the said A. B. or : keep a dog, which the said C. D. knew was accustomed to bite mankind or sheep, and that the said dog did, on the day and at the place aforesaid, bite and lacerate the arm of the said A. B., or kill or injure two sheep, the property of the said A. B. : o>' assault and beat the said A. B., {or as the case may he stating the Tort sited form concise lanyuage);] The said A.B. hath sustained thereby damages to the amount of , and claims the same of the said C. D. A.B. SeeRoleN ,16. 6. PARTICULARS IN ACTIONS AGAINST A CLERK OR BAILIFF, AND HIS SURETIES. A. B. of claims of C. D., Clerk {or Bailiff) of the Division Court for the County of , and of E. F. of , and G. H. of , (sureties for and parties with the said C. D. to a covenant for the due performance of the duties of his said office) the sum of states, that C. D. of did, on or 1 1 _ day of , A. D. 18—, at the No. SCHEDULE OF FORMS. 29 VCT. of- n g account is under r for that ' j)romisc) ormed : — r his seal the said f the said foresaid.] A. B. did, on or — , at the anvert one A. B. : or . or : keep stomed to 3g did, on 1 lacerate wo sheep, d beat the Tort sued sustained nd claims A. B. JLERK OR Bailiff) of — , and of es for and )r the due he sum of If 1;^ — for moneys had and received by the said C. D. as such Clerk {or Bailill") as aforesaid in a certain cause in the said Division Court, wherein the said A. B. was plaintiff, and one H. H. was defendant, to and fur the use of the said A. B., the payment whereof the said C. D. unduly with- holds. And also [stating i/i like manner any other similar claim) — [o;*, the sum of for damages sustained by the said A. B. through t'-,e mis- conduct {or neglect) of the said C. D. in tlie perform- ance of the duties of his said office : For that on the day of , at , {describe in ordinary lanfjuage the neglect or misconduct^wherehy the damage was occasioned) ] . A. B. )i In the No. 6. SUMMONS TO APPEAR. Division Court for the County of ■ , A. D. 18—. Between A. B., plaintiff; and C. D., defendant. To C. D., the above-named defendant. See Rule Nos. 9, 14, 18, 21 aad 2%. You are hereby [as before {or as often before) you were] summoned to be and appear, at the sittings of this Court to be holden at , in the Township of , in the said County of , on the day of -, A. D. 18 — , at the hour of in the forenoon, to answer the above-named plaintiff in an action on contract, {or in an action for Tort) for the causes set forth in the plaintiff's statement of claim hereunto annexed ; and, in the event of your not so 30 SCHEDULE OP FORMS. appearing, the plaintiff may proceed to obtain judg- ment against you by default. Dated the Claim day of -, A. D. 18—. By the Court. • , Clerk. Costs, exclusive of mileage NOTICE. Take notice, that if the defendant desires to set-off any demand against the plaintiffs {if the action he for Tort omit the words in Italics) at the trial or hearing of this cause, (or) to take the benefit of any Staiute of Limi- tations, or other Statute, notice thereof in writing, and if a set-(ff containing the particulars of such set-off {omit the words last in Italics, if the action he for Tort) must be given to the plaintiff, or left at his usual place of abode, if living within the Division, or left with the Clerk of the said Court, if the plaintiff reside without the Division, at least six days before the said trial or hearing. In the 7. AFFIDAVIT OF SERVICE OF SUMMONS. Division Court for the County of Between A. B., plaintiff; and CD., defendant. E. F., Bailiff of the Division Court of the said County of {or of the said Court) maketh oath a.id saith, that he did on the day of , 18 — , duly serve the said C. D., with a true copy of the annexed summons and statement of claim, by deliver- ing the same personally to the said C. D., {or if the service loas not personal, state how and on whom solved) BOITEDULE OF F0RM8. 81 tain judg- ■j Clerk. > set-off any he for Tort ring of this le of Limi- /^riting, and such set-off he for Tort) usual place left with the ide without said trial or IONS, ly of- •t of the said eth oath a.id , 18- copy of the 1, by deliver- I., {or if the vhom sc7'ved) and that he necessarily travelled such service. Sworn before me at this day of - -,18 Clerk -Division Court Or, ■i miles to make E. F. This Form may be used, when the affidavit is endorsed on the summons : I swear, that 'hh summons and claim annexed thereto were served by me on the day of by delivering a true copy of both, personally, to the defendant, {or to the wife or servant of the defendant, 07* to a grown up person being an inmate of, and at the defendant's dwelling) and that I necessarily travelled miles to do so. E. r., Bailiff. Sworn, &c. In the 8. NOTICE OF SET-OFF. Division Court for the County of- See Rule No. 29. Between A. B., plaintiff; and C. D., defendant. Take Notice, that the defendant will set-ofF the fol- lowing claim on the trial, viz. : . Dated this day of 18 — . To A. B., the plaintiff. C. D. P NOTICE OF DEFENCE UNDER STATUTE. In the Division Court for the County of- Se< Kult No. 29. Between A. B., plaintiff; and CD., defendant. The plaintiff is required to take notice, that upon the 32 SCITEDULE OF FORMS. hearing of this cause, tiie defendant intends to give in evidence, and insist upon the following ground of defence, namely, that the claim, for which he the defendant has been summoned, has been barred by the Statute of Limitations {/>/' as the case 7nay he.) Dated this day of . To A. B., the plaintifl'. C. D. N. B. This notice may he embodied loith notice of sct-of. EeeTUulc No. 80. 10. NOTICE OF ATlMTSSrON TO SAVE UNNECESSARY In the EXPENSE IN PROOF. Division Court for the County of. Between A. B., plaintiff; and CD., defendant. The plaintiff is required to take notice, that the de- fendant will admit, on the trial of this cause, the first, second, and third items of the plaintifi''s particulars to be correct \or the signing and endorsement of the promissory note sued upon {or as the case may he.) ] Dated the day of , A. D. 18—. CD. N. B. This notice may he emhodied loith notice of set-off^ or of oth^r defence. 11. CONFESSION OF DEBT AFTER SUIT COMMENCED. In the Division Court for the County of . Between A. B., Plaintiff ; and C. D., Defendant. I acknowledge that I am indebted to the plaintiff in the sum of , and consent, that judgment for i ; BCIIEDULE OF FORMS. tg tliat amount and costs may bo ontorod against me in this cause. CD. Dated the day of — — -, l8 — . Witness , Clerk {or Bailiff,) 12. AFFIDAVIT OF EXECUTION OF CONFESSION. In tlio " Division Court for the County of Betwecen A. B., Plaintiff; and C. D., Defendant. E. F., Clerk (or Bailiff) of the Division Court for the said of {or of the said Court) maketh oath and saith, that he did see the above {or annexed) confession duly executed by the said defend- ant, and that he is a subscribing witness thereto, and that he, deponent, has not received, and is not to re- ceive anything from the plaintiff or defendant, or any other person, except his lawful fees, for taking sucli confession, and that he has no interest in the demand. sought to bo recovered in this action. Sworn before me at - on the day of E. F. -, 18—. Clerk, &c., or a Commissioner in B. R. in and for the said^ In the 13. SUMMONS TO WITNESS. - Division Court for the Coimty of- Between A. B., Plaintiff; and C. D., Defendant. You are hereby required to attend at the littings of the 34 SCHEDULE OP FORMS. eaid Court, to })0 lioldcn at on tho '■ — 18 — , ut tlio liour of in , le forenoon, to jjjive evidence in tlic iibovc! cause, on behalf of tlio above-nutned [and tlion and tliere toliavo and pnxluce {fihttc2>(ii'ticu- lut' (locinm iits reqmre«t)A\iCia\\ i)tlieri>ai>er8 relating to tLe said action, in your custody, poHsession, or i)ower.] Given under tho seal of tho Coui't this day of , 18 — . "*» Clerk. To •w ftul* No. 49. 14. ALLOWANCE TO WITNESSES. Attendance per day in Court,. . - - - Travelling cxj)en8e8 per mile, one way, 2s Cd Os Gd In tho 16. SUMMONS TO JURORS. Division Court for the County of You are hereby summoned to appear and servo as a juror in this Court, to be holden at on at the hour of • ; Herein fail not at your j)eril. Given under tho seal of the Court this day of , 18 — . Clerk. To to,nai9No.6i 16. MTNTITE IN PROCEDURE BOOK OF JUDGMENT OF NONSUIT, OR DISMISSAL FOR WANT OF PROSECU- TION. Judgment of Nonsuit (or that the cause be dismissed) or " and that ])laintiff pay for defendant's costs" or for defendant's trouble, and for his costs ; to be paid in days." I i 17. MIXUI AOALN Judgmcnl agcH) atid an excess . full dischi 18. MINUT Judgment COI ble and h bo paid fo: lecn aban( of his claii In tho It is order and all bu" trial be hf or conditi Dated — SOHEDULB OP FORMS. 85 17. MIXUTR IN PROCEDURE BOOK OP JUDOMENT AUAINST DEFENDANT FOR DEUT OR DAMAGES. SMBui.No.ei. Jiulfjjmcnt lor tlio plnintifT for debt (or dam- n^'ca) luul - costs ; to bo paid in days {when an ca'ocss has been ahandoncd add ih& words " being in full discharge of his cause of action.") U 18. MINUTE IN PROCEDURE BOOK OF JUDGMENT FORB«,BmeNo ei DEFENDANT. w.um.wo.oi Judgment for the defendant {or for the ' ,fcndant for costs ; or for on set-off, or for liis trou- ble and loss of time, and also for his costs ; to be paid forthwith) {lohere dn excess in the set-off has leen ahandoncd^ add the words " being in full discharge of his claim, including the excess abandoned.") !#•"'''' t- In the 10. ORDER FOR NEW TRIAL. — DIvibi 'U Com-t for the County of 8 ce Role Ko. S9. i Between A. B., Plaintiff ; II a^d C. D., Defendant. It is ordered, that the judgment rendered in this cause, and all Bubsoquont proceedings be set aside, and a new trial be had between the parties on {set out the terms or conditions^ if any^ on which the order is made.) Dated ,18—. Judge. 36 SCHEDULE OF FOEMS. 20. EXECUTION AGAINST THE GOODS OF DEFENDANT. In the Division Court for the County of fl» No. , A. D. 18—. Between A. B., Plaintiff ; and C. D., Defendant. "Whereas at the sittings of the said Court holdcn on at , by the judgment of the said Court, the said i)laintiff recovered against the said defendant the sum of ■ for a certain debt {or for certain damages) with — — for costs, which said debt {or ■ damages,) and costs were ordered to be paid by the said defendant, at a day now past ; and whereas the defendant has not made such payment ; These are therefore [as before, (or as often before)] to command you furtliwith to make and levy by distress and sale of the goods and chattels of the said defendant, wheresoever the same may bo found (except the wearing apparel and bedding of the said defend- ant, or his family, and the tools or implements of his trade, if any, to the value of £5) the said debt (o?* dam- ages) and coists, amounting together to the sum of and your lawful fees on the execution of this precept, and also, and if necessary for that f)ur- pose, to seize and take any money, or bank notes, and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money, of the said defendant, which may be there found, or such part thereof as may bo sufficient for the satisfying of tliis execution, and the costs of making and executing the same, so that you may have the said sum of , within thirty days after the date hereof, and pay the same over to the Clerk of the Court for the said plain- tiff. a SCHEDULE OF FOEMS. 37 Given under the seal of the Court this of , 18-. day To- Judgment, Execution,- Paid, . Levy, Clerk. 13ailiff of the said Court. 21. EXECUTION AGAINST GOODS OF PLAINTIFF. In the No.^- Di vision Court for the County of. — , A. D. 18—. Between A. B., Plaintiff ; and C. D., Defendant. Whereas at the sittings of this Court, holden on f ~ ' judgment was given for the defendant, and for the sum of costs (or for the sum of _ _ — on set-off and __. foj. costs ; or judgment of dismissal was given and for the sura of — ^ for defendant's trouble, and • for costs) to be paid at a day now past ; and whereas the plaintiff has not paid the same : These are therefore to command you, forthwith to make and levy by distress and sale of the goods and chattels of tlie plain- tiff, wheresoever the same may be found (except the wearing apparel and bedding of the said plaintiff or his family, and the tools and implements of his trade if any, to the value of £5) the said sum of ' or the said sum of - , and amounting together to the sura of ■ ' 38 SCHEDULE OF FORMS \m and your lawful fees on tlio execution of this precept and also, and if necessary for that purpose, to seize and take any money, or bank notes, and any cheques, bills of exchange, promissory notes, bonds, special- ties or securities for money of the said plaintiff, which may be found, or such part thereof as may bo sufficient for the satisfying of this execution, and the costs of exe- cuting the same, so that you may have the said sum of . , within thirty days after the date hereof, and pay the same over to the Clerk of the Court for the said defendant. Given under the seal of the Court this day of , 18—. Clerk. To Bailiffof the said Court. Judgment, Execution,- Paid,- Levy, 82. AFFIDAVIT FOR ATTACHMENT. ^ made after suit commenced^ insert style of Court and Cause. iStf« N0.24A.B., of- -in the county of- _, (orE.F., of &c., agent for A. B., of tfec.,) maketh oath (or, being one of the people called Quakers, &c., affirmeth) and saithj that C. D., of {or late of) in the County of , , is justly and truly indebted to this de- ponent {or to the said A. B.) in the sum of [for goods sold and delivered by this deponent {or by the said A. B.) to the said C. D. at his request {or other cause of action^ stating the same in ordinory o.id con- cise language and this deponent further saith, that he SCHEDULE OF FORMS. 89 precept size and iheques, special- ty, which ufficient ;8 of exc- siim of 5 hereof, t for the — day i ij hath good reason to beli( ve, and doth verily believe, that the said C. D. hath absconded from this Province, leaving personal property liable to seizure under execu- tion for debt in the County {or United Counties) of [or hath attempted to remove his i3ersonal pro- perty, liable to seizure under execution for debt out of Upper Canada {or from the County or United Counties of to another County in Upper Canada) {or from Upper to Lower Canada) with intent and design to de- fraud this deponent {or the said A. 13.) of liis said debt [or keeps concealed in the County or United Counties of -to avoid service of process {or as the case may le)\ with intent and design to defraud this deponent {or the said A. B.) of his said debt ; and this deponent fur- ther saith, that this affidavit is not made, nor the pro- cess thereon to be issued, from any vexatious or mahci- ous motive whatever. Sworn before me at ^in the Coun- ty of this day of 18 A.B.((?rE.F.) Clerk &c. N. B. If the party sues in a special character, as executor or the like, it should he stated in the Affidavit, in what charac- ter he claims the debt. of Court ((?rE.r., cr, being leth) and bounty of this de- [for or by the {or other o.id con- i, that he 23. BOND ON SEIZURE OR SALE OP PERISHABLE PROPERTY. In the ^Division Court for the County o f Between A. B. plaintiff, and C. D. defendant. Know all men by these Presents, that we A. B. of- {insert place of residence and addition) the above-named plaintiff, E. F. of &c. and G.G. of &c. are, and each of 40 SCHEDULE OP FORMS. 'il US is, jointly and severally licld and firmly bound to -of &c. tlio above-named defendant, in tlic sum of of lawful money of Canada, to be paid to tlie said defendant, his certain attorney, executors, adminis- trators, and assigns, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, and each, and every of us, binds himself, his heirs, executors, and administrators firmly by these Presents. Sealed with our respective seals. Dated this dav of A.D. 18 — ■ "Whereas the above-named plaintiff hath sued out of the above-named Court {or from a Justice of the Peace) a Warrant of Attachment against the goods and chat- tels of the above-named defendent, and hath requested that certain perishablf^ property, to wit [specif ij jprojyer- ty) belonging to the above-named defendant, may be seized, and forthwith exposed and sold, under and by virtue of the said Warrant of attachment [or Whereas certain perishable property, to wit — , belonging to the above-named defendant, hath been seized under and by virtue of a Warrant of attachment, issued out of the above-named Court {or by a Justice of the Peace) in the above-named cause, and hath been duly appraised and valued at the sum of and is now in the hands of the Clerk of the said Court ; and Whereas the said above-named plaintift' hath requested the said Clerk to expose and sell the said goods and chattels as perishable property] according to the form of the Statute in that behalf. Now the condition of this obligation is such, that if the said above-named plaintiff, his heirs, executors or administrators, do repay to the said above named de- fendant, his executors, or administrators, the value of the said goods and chattels, together with all costs and damages, that may be incurred in consequence of the seizure and sale thereof, in cnse judgment be not obtained by the plaintift', accordirig to tlie true intent of the 70th section of "The Upper Canada Division I SCHEDULE OF FORMS. 41 nind to tlic sum cl to the idminis- id truly tors and himself, )y these Courts Act of 1850 ": Then this obli^^ation to be void- else to remain in full force and virtue. 1 out of ! Peace) nd chat- quested ' proper- may be • and by iVhereas tiffino; to ider and lit of the 'eace) in ppraised le hands the said Clerk to irishable e in that b, that if cutors or imed de- value of all costs [uence of tit be not intent of Division Scaled and delivered in presence of A. B. [L. S.l E. F. (L.S.I G. G. [L. S.] 24. BOND ON SUPERSEDEAS TO WxVRRANT OF ATIACILMENT. In the — ■ . Division Court for the County of — Between A. B., Plaintiff; and C. D., Defendant. Ivnow all men by these presents, that we C. D. of (/?i- sertiilacG of residence and addltion)i\\Q above named defendant, E. F. of &c., and G. G. of &c., are, and eacli of us is, jointly and severally held and iirinly bound to A, B., of &c., the above-named plaintiff in the sum of • of lawfid money of Ca- nada, to be paid to the said plaintiff, his certain attor- ney, executors, administrators, and assigns, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, and each and every of us binds himself, his heirs, executors and administrators firmly by these Presents. Sealed with om* respective seals. Dated the day of , 18 — "Whereas the above-named plaintiff hath sued out of the above named Court {or from a Justice of the Peace) a warrant of attachment against the goods and chattels of the above-named defendant, for the sum of and under and by virtue of the said warrant of attachment, certain goods and chattels of the said defendant, to wit : {specif i/ properti/ seized) have been seized and attached : and the said defendant de- 42 SCHEDULE OF FORMS. 4 sires, that tlio said warrant bo superseded, and the said property, so adached, restored to him under the pro- visions of the CTtli chiusc of " The Upper Canada Di- vision Courts Act of 1850." Now the condition of this ohlifi;ation is such, that if the said defendant, liis heirs, executors or administra- tors, do and shall, in the event of the claim, in the said cause being proved, und judgment being recovered thereon, as in other cases, where proceedings have been commenced against the person, pay the same, or pay the value of the said property, so taken and seized as aforesaid, to the said plaintiff, his executors or admin- istrators, or shall produce such property, whenever thereto required, to satisfy such judgment : Then this obligation to be void — else to remaim in full force and virtue. Sealed and delivered in presence of C. D., (L.S.) E. F., (L.S.) G, G., (L.S.) 8e paid in days. costs) 44 SCIIEDULE OF FORMS. BeenakiNo. D8. 28. SUMMONS TO PLAINTIFF ON INTERPLEADER. In tlio . Division Court for tho County of Between A. B., Plaintiflf ; and C. D., Dcfondjint. "Whereas ■ of- -liatli made a claim to certain goods, [or to certain securities or money [as the case may 5ICATION ? chattels aid in days, to be levied of the goods and chattels of tho deceased ; failing such goods, the costs to he levied of the defendant's proper goods and chat- tels. SceRnie.N8o5i34. MINUTE IN PROCEDURE BOOK OP JUDGMENT and 67. " AGAINST AN EXECUTOR OR ADMINISTRATOR, AVUO UAS WASTED ASSETS. Judgment for tlic plaintiff for — and -costs, to be paid in ddys, to be levied of the goods and chattels of the deceased; failing such goods, then the whole {or the sum of and the said costs) to be levied of the defendant's proper goods and chattels ; the defendant having wasted the goods of the deceased to that amount. SCHEDULE OF FOUMH. 4e 38. MINUTE IN ?FlOCKI>irHK BOOK OP .T[TDGMENTa,,nu,„Kn, r,i A(;AINST ax KXHCUroil on ADMINISTUATOU, WllOaudCa. HAS DKNIKI) IMS IIKIMIKSHNTATIVIO t'llAUACTEU, OU PLEADED A RELEASE TO HIMSELF. Ju(l<,'inont for thopliiintitVlur , nnd costn, to bo paid in ^^'^^y^^ to bo levied ot'tlio pjoods nnd chuttols of tlio doceascd; failinjjf sucli ujoodn, then to bo levied (if t!»e (U'feiidiint's^ proper goods^, the defeiid- ftiit luiving pleaded a Kelease to himself, {or " the do- feudaiit having denied his representative charaetcr") and thia plea being found against him. 30. MINUTE IN PROCEDURE BOOK OP JUDGMENT Sa, ii„iei Koi.&i AGAINST AN EXKCUTOH OU ADMINISTRATOR, WHO""'*^'' ADMITS HIS REI'RESENTATIVE CHARACTER, AND DENIES THE DEMAND. The same as in ordinary judgment against Executor or Ad- s^sVorm Ho. iii. ministrator. 87. MINUTE IN PROCEDURE BOOK OP JUDGMENT AGAINST EXECUTOR OR ADMINISTRATOR, WHERE 8eoRuie«No». 81 HE ADMITS HIS REPRESENTATIVE CHARACTER, BUT »«»<» 6o. DENIES THE DEMAND, AND ALLEGES TOTAL OR PARTIAL ADMINISTRATION OF ASSEIS: AND THE PLAINTIFF PROVES HIS DEMAND, AND THE DEFEN- DANT PROVES ADMINISTRATION. Judgment for the plaintiff for debt, and also costs, to be ]iaitl in days ; the plaintiffs demand having been proved, which was denied, and full {or partial) administration also having been proved, which was denied, the said costs to be levied of the goods and chattels of the deceased ; failing such goods, then of the defendant's proper goods ; the s^ \ debt to be levied of the goods and chattels of the deceased, here- after to come to the defendant's hands to be adminis- tered ; and ordered that , the costs of proving 50 SCHEDULE OF FORMS. m sncli adininistratloii, be paid by the plaintiir in dav^. iV". Jj, — If ihc defendant is shown to have some assets, the jiuh/meut must he for the amoioit " de lonis tcstatoris,''^ and for the residue" quando acciderint.^'' I't'o Knltts No;, 51 •mar.]. 83. :MTXT^TE in rROCEDUKE r.OOK OF .Tuno^rENT ACALXST EXKCUTOJl Oil ADMiXiSTKATOlJ, WIIKIM'] UIK j)KF1;M)ANT ADMI'I'S his iJKlMiKSKXTA'i'lVI'; CHAUACTKll, IJUT lU'AlKS THE DKMAXD, AM) AL-- le(;ks total oh iwirnAL administhatiox oe ASSirrS, AXI) TIIK ELAIXTII-E EHoVKS his DlAiAXI), AXI) THE HEEEXDAXT hoes XOT rilOVE AHMIXIS- TIIATION. Jutly;mcnt for tlio plaintllY fur ^, debt, and also , costs, to bo paid in ^'^y^i b< be levied of the goods and cluittels of tiic deceased ; failing siicli goods, tlien the said costs to bo levied of the defend- ant's proi)cr goods, and the debt to bo levied of the goods and chattels of the deceased, hereafter to come to the defendant's hands to be administered, the plaintilfs de- mand having been proved, which was denied, and ad- ministration, which was alleged, not having been proved. 'S 3ao Rules No3, 51 and C2. 89. :\IINUTE TN rROCEDURE BOOK OF JLTDa^^E?^T AGAIXST EXECUTOli OR AUMIXISTJIATOR, AVIlO AD- MITS HIS REPRESEXTATIVE CHAF.AOTEU, AXI) THE PLAIXTIFE'S HEMAXI), IJCT ALLEOES A TOTAL OR PARTLVL ADMlXISTEATiON OF ASJSEIS, AXD PROVEB THE AHMIXISTRATION. Judgment for the plaintilf for , to bo paid in days ; to bo levied of the goods and chattels of the deceased, hereafter to come to the defendant's hands to be administered :- -the debt not being denied, and SCHEDULE OP IOrt"MS. 51 rris" iind full {oi' partial) a(lininisti'afIoii,W'liicli was denied, hav- ing been proved, Ordered, tliat tlic plaintiff pajv , •or the detendaiif s costs in days, XTATIVM .AM) AL-- rioX Ob' DKMANI), VDMIMIS- and al:3o levied of iiiir siicli i dc'iond- lie <>'<»ods e to tlic itiir.s de- , and ad- ut, been DGMR^T iVIlU AD- \\l) TJIR )TAL OR PKOVEB e paid in battels of t's hands icdj and AO. MIXUTE IN rROCRDURE BOOK OF JUOGMRXT ARAIXST ami oj. "' '" EXHcirroR ';u admixisthatoii, who admits va^ re- rRKSKNTATlVH ClIARACTEIt, AND THE PLAINTIFF'S DE- 3IAN1), nUT ALLEGES A TOTAL OR PARTIAL ADMINIS- TRATION OE ASSETS, AND DOES NUT TROVE TUE ADMIN- ISTRATION. Judgment for llic ^-laintifffor , debt, and — -, costs, to bo paid in — - — daj:^ ; full [or partial) ad- niistratiou, wliieh vras alleged, and disputed, not having been proved. Ordered, that the said sums be levied of the o-oods and chattels of the deceased : failing sucti goods, then tlie debt ofthe goods and chattels, hereafter \<.-) come to the defendant's hands to be administered : nnd the said costs to be loNied of the deiendant's pro- per goods. n. smnroNS to enectjtor or admtntstrator, where PLAINTIFF INTENDS TO APPLY TO THE COIMJT, ALLEO-j,,^ „„,„„„ ., l\-(^ THAT ASSETS HAVE GOME TO THE DEFENDANrS HANDS SINCE JUDGMENT. In the Division Court for the County of - Between A. B., plaintiff ; and C. D., Executor, [or administrator,) Of E. F., deceased, defendant. The plaintiff havin.g learned, that property cf the said deciiased has come to your hands as executor, {or ad- ministrator) since the judgment herein, to be adminis- tered (and that you have withheld and wasted the sama) &^ SCHEDULE OF FOEMS, l| intends to apply at tlip next sitting of this Court, to be liolden at — in on the day ot at the hour of , for an order, that the debt, {or damages) and costs be levied of the goods and chattels of the said deceased, if you have so much thereof to be administered, (and that if you have not, then that it shall be levied of your own proper goods and chattels) and that the costs be levied of your proper goods and chattels. You are, thereupon, hereby summoned to be and ap- pear at the said Court, at the time and place aforesaid, to answer touching the matter aforesaid. Dated this day of 18—. To Clerk. The above named defendant. See Form No. 6. lie Rule No 58. 42. SUGGESTION OF DEVASTAVIT ON ORIGINAL SUMMONS. {CoTiimence with Form of Summons^ same as in ordi nanj cases, hut naming defendant as executor or ad- ministrator^ and adding after the word " default") and the plaintift* alleges, that you the defendant have money, goods, and chattels, which were the property of ^ deceased, at the time of his death, and which came to your hands as such executor {or administrator) to be administered ; and if not, that you have withheld or wasted the same. See Rule No. 66, In the 43. SUMMONS ON A DEVASTAVIT. Division Court for the County of- Between A. B,, plaintiff; and C. D., Executor, {or administrator) of E. F., deceased, defendant. To C. D. the above-named defendant — You are hereby [as before (,or as often before) yon I si«r> SCHEDULE OF FOEMS. u irt, to be ot debt, {or chattels eof to be m that it chattels) oods and 3 and ap- .foresaid, k. were] summoned to be and appear at the sittings of thisCom-t, to be holden at in the Town of on the day of ^ A. D., 18 — , at the hour of. in the forenoon, to answer the above-named plaintiff in an action, for that you, the defendant, have withheld and wasted divers goods and chattels, which were the property of E. F. deceased, at the time of his death, and which came to the hands of you the defen- dant, as executor (cr administrator) of the said E. F. to be administered, whereby a certain judgment recover- ed against you by the plaintiff at the sittings of this Court on at - — - for the sum of re- mains unsatisfied ; and in the event of your not arpear- ing, the plaintiff may proceed to obtain judgment against you by default. Dated this day of 18—. UNAL s in ordi tor or ad- lult") and ^e money, )f 1 came to tor) to be thheld or of- jtrator) of fore) yon 3 Clerk. Add notice as in Form 6. U MINUTE IN PROCEDURE BOOK OF JUDGMENT ^^^^^^^^^^^ ^^ AGAINST EXECUTOR OR ADMINISTRATOR ON DE-and64. VASTAVIT AFTER JUDGMENT. Judgment that the defendant has wasted goods and chattels of deceased to the sum of > whereby a judgment, recovered against, him by the plaintiff in the Division Court for the County of on the —day of^ , remains unsatis- fied; and that the plaintiff now recover against the defendant the first named sum, and also |costs ; to be paid in days. Dated this day of Judge, ,f» 54 SCHEDULE OF FOliilS. 45. SUMMONS ON BKlTALr OF EXECUTOR OR ADMIN S:c Rule No. C3. ISTllATOR TO REVIM: A JUDGMENT. St-t Form 52. Ill the No. Division Court for ihc County of - A.D., 1?- Eetwccn A. B., Executor of CD., deceased, plalntifl", and E. F., defendant. To E. F. the above-named defendant — Whereas at the sittings of thiS Court (r;rthc Division Court, &c.,) held at on , the above-named C. D., in his life-time, oljtaincd a jndg- ment against 3-ou for tlie sum of-- , and costs, Yv'hich judgment, a transcri])t of which is hereto an- nexed, still remains unsatisfied, and the said })laintiJ]. as executor as aforesaid, claims to have execution tliereof ; you are hereby summoned (o appear at tlie sittings of this Court lo be holden at on ^- at in the forenoon, to show cause, if any you have, why the said plaintilF, executor as aforesaid, should not have execution against you of tlu; said judgment, according to the force fuid eilect of the said recovery : antl, in the event of your not ap[)earing. judgment will be entered against you by default. By tlie Courtj Clerk, Dated this ~ Claim, dny of Costs exclusive of mileage.- ., 18—. iR ADJIIV SCIIEDULR OF FORMS. 55 40. SUiTMONS TO RKVIVR .TlTr)f!MENT AGAINST AN EXECUTUll. — Division Court for llio Comily of S^a nul.< No. C.^. Ill lllG No.— A. D., 18- Between A. B., plaintilT; and C. E., Executor of E. F., deceased, defendant. Whereas at the sittings of this Court (or tlie Division Coui-t for &c.) hehl at on -, &c., the said plain! iff recovered against ihc said E. F., in his life-time, the sum of which jud.'re'.)y coramandod {op as before op as ofieu before) to iiiHive and levy by distress and t>ale of ilie goods and chattels of the said defendant, (ex{'e[)t the, wearing apparel and bedding of the said defendant and his fainil}', and the tools and implements of his trade, if any, to tlie value of .05) the sum of , which n.]). in his life-lime in this Court {or the Division Court, S:c.) on , recovered against the said defendant for his debt (//;• damages) and costs, and whereof it was on See. in this Court {or the Division Court, &c,) adjudged, that the said plalntilT, as executor of the said C. D., should have execution, together with the costs of execution herein, and bailiil's fees ; and also, and if necessary for that purpose, you arc to seize and take any money, or bank notes, cluupies, bills of exchange, promissory notes, bonds, specialties, or securities for money, of the said defendant, or such part thereof as may bo suf- ficient f(u- the satisfying of this execution ; so that you may have the said moneys within thirty days, and })ay ncnt (ih'i'n In n this Form, jl:d(jmi;nt yof- 1, i>]!iinli(V <>i' as oUcii salt! of I lie !XCC[)t tllO, dc lend ant iciits of his of , Llio [gainst the and costs, )urt {or the at llio said 'lould liavo ion herein, ry for that money, or promissory money, of lay bo siif- io that you s, and ])ay SCHEDULE 01'' FOItMS. 50 Iho same over to the. Cleric of the Court, for the use ol the said plain! ill", as executor as aforesaid. Given under the seal of the Court this 18—. — day o' ClorU. To — Bailiir. Due on Judgment, Execution BaililPs Fees ni EXFCUTTON OX JUDriMl-lXT r.KVTVr.n AGAINST Sec ruUj No.i:S i:Xt:CUTUU Oil ADMlNlSl'iiATUU. _.. Division Court for the County of In the Betv/een A. B., pliiinllff ; and C. D., Executor of E. F., deceas- ed, defendant. You arc hereby commanded {/• dama^L^'cs) and -_ , costdol'snlt, in all, , wjilcli defendant was ordcfed l»v tlic said C')uri to i^av in days (()/' ((8 ih('ju(ly siiiiiiniiiicd to ni>poai' at tlu; I'lVvt j^ittiJiip^ot'tliis Cmiri", to 1)0 ]i'il!' tlu- .-iiiid C>urt, tniitduiii; \ "111' (.'stato and dH'cf-', ji'id \\i'\ mnnncr iind circum- ..taiu'i'S, iiiid'T v.-!nc!i vom conti'act'od Iho fniid (U'ht, (r)/' iiiciiri'i'd till! d;'.mii'j('.4 o/' !iid)ilily) Avliicli ^va^^ tlio siib- Joft (•!' llio action, ill \vlilfh thu >ald jiidti,'iiiL'!ifc wa,3 t»l)- taiiivd Jl;.l•aill^^t y>/' damiiLi'03 a1 ynii ma" liavo iiuido (■fjiiiy (d'your pi-opiTly : — And l;d:i! notici.', that jl* vni' d(» ]]()t ai>i»i>ai' in olu'dlciico to this :-umnioii-"-, yon ma}-, by onlcr (it' this C"ni't, l)c cuniniittcd i.> tlio Common Jail oi'lliu County. (Jivc'ii under tlio seal of the Court this day of - , IS — . ]}y tlic Court, Clerk. Ainonnt of Judgmont Co.sts of tlii.s .summons 50. WAUUANT OF COMMITMEXT IX DEFAULT OF AITEAR- p.o nn:.N'o5. 10, ANCE. 13 ami 05. In tl 10 1)1 vision Court foi* the Couulv s-f ■ Xo.— A. D., IS—. To jRetween A. B., j)lainLiii' ; and C. IJ., defiMidant. , BaililY of lliu said Court, and to all Constables and Peace Ollieers of the County of 64 SCHEDULE OF F0EM9. and to the Jailer of tlie Common Jail of the said County of . "Whereas at the sittings of this Court, {or of the Division Court for &c.,) holden at , on the day of , the above-named plaintiff, by the judgment of the said Court, in a certain suit wherein the Court had jurisdiction, recovered against the above- namea defendant, the sum of , for his debt {or damages) and costs of suit, which were or- dered to be paid at a day now past : — And whereas the defendant, not having made such payment upon application of the plaintiff, a summons was duly issued from and out of this Court, against the said defendant, by which said summons the defendant was required to appear at the sittings of this Court, holden at -on &c., to answer such questions as might be put to him. See Form No. 65. touchiug {set out as ill the summons) : — And whereas it was duly proved, on oath, at the said last mentioned sit- tings of this Court, tliat the said defendant was person- ally served with the said summons : — And whereas the said defendant did not attend, as required by such sum- mons, nor allege any sufficient cause for not so attending : And thereupon it was ordered by the Judge of this Court that the said defendant should be committed, for the term of days, to the Common Jail of the said V County, according to the form of tlie statute in that be- half, or until he should be discharged by due course of law : — These are therefore to require you, the said Bailiff, and others, to take the said defendant, and to deliver him to the Jailer of the Common Jail of the said County : And you the said Jailer are hereby required to receive the said defendant, and him safely to keep in the said Common Jail for the term of days from the arrest under tliis warrant, or until he shall be sooner discharged by due course of law, according to the provisions of the Act of Parliameut in that behalf : For which this shall be your sufficient warrant. SCHEDULE OF FORMS. 65 the said e le ff, by the wherein le above- , for his were or- whcreas 3iit upon [y issued sf end ant, [uired to ^on to him, liereas it oned sit- 3 person- sreas the ich sum- ;endinjj : lis Court I for the the said tliat bc- 3ursc of the said ;, and to the said 'equired to keep — days shall be .'ding to behalf : Given under the seal of the Court this , 18—. day of Clerk. 67. WARRANT OF COMMITMENT AFTER EXAMINATION. In the Division Court for the Coiuity of No. , A. D., 18—. Between A. B., plaintiff; and C. D., defendant. 8«eRutFs Nos.10, 18 and ^1. To Bailiff of the said Court, and to all Con- stables, and Peace Officers of the County of .- and to the Jailer of the Common Jail for said County. Whereas at the sittings of this Court (or the Division Court for &c.) holden at on the — — ? the day of &c., the above-named plaintiff, by the judgment of the said Court, in a certain suit wherein the Court had jurisdiction, recovered against the above-named defendant the sum of — , for his debt (or damages) and costs, which were ordered to be paid at a day now past : And whereas the defendant not hav- IntMuade such payment, upon application of the plain- tiff, a summons was duly issued trom and out of this Court, against the said defendant, by which said sum- mons the defendant was required to appear at the sit- tings of this Court, holden at on &., to answer such questions as might be put to him, touching (set out as in g^ ^^^ ^ .g. the summons): And whereas the defendant having duly appeared at the said Court, pursuant to the said sum- mons, was examined touching the said matters : Aad E 66 BCHEDELE OF FOBMS. whereas it appeared, on such examination, to tlie satis- faction of tlie Judge of tlie said Cinirt, that [here insert the particnlar ground of commitviint in the language" used in the Statute e. g. " C, D. the said defendant in curred the debt {or liability) the subject of this action under false pretences" {or by means of fraud or breach of trust")] : And thereupon it was ordered by the said Judge, that the said defendant should be committed for the term of days to the Common Jail of the said County, according to the form of the Statute in that behalf, or until he should be discharged by due course of law : — These are therefore to require you, the said Bailiff and others, to take the said defendant, find to deliver him to the Jailer of the Common Jail of tho said Cv>unty ; and you thes;\id Jailer are hereby requir- ed to receive the said defendant, and him safely keep in the said Common Jail, for the term of days from the arrest under this warrant, or until he shall bo Booner discharged by due course of law, according to the provisions of the Act of Parliament in that behalf; For which this shall be your sutticient Warrant. Given under the seal of the Court this . day of , 18 — . for Clerk. 68. CERTIFICATE FOR DISCHARGE OF A PARTY FROM CUSTODY. In the Division Court for the County of No. — , /. . D., 18—. Betweeeu A. B., plaintiff; and C. D., defendant. I do hereby certify, that the defendant, now in yotir SCHEDULE OF FOBMS. 67 the satis - re insert anguage" :iidant in lis action r breach the said litted for 111 of the tatute in J by due you, the ant, and lil of the y I'equir- 'ely keep — days shall be )rding to t behalf; t. custody under "Warrant of Commitment in this cause has, since the issuing of the said Warrant, to wit, on the ^day of , paid and satisfied the judgment, for the non-payment whereof he was so committed, to- gether with all costs and charges, due and payable by him in respect thereof ; and the said defendant may, in respect of such "Warrant, be forthwith discharged from and out of your custody. Given under the seal of the Court this ■ , 1 5——. day of To the Jailer of the Common Jail of the County of . "} Clert, Clerk. Y FROM in your 5t. MINUTE IN PROCEDURE BOOK OP IMPOSITION OPg^R^^No.W. FINE ON WITNESS. Adjudged that IT. H. was duly summoned to appear as a witness, in this action, at the sittings of this Court here this day, [and also to produce {.as the case may St^)] that payment {or a tender of payment) of his reason- able expenses was made to him, — and that he did not appear [(rr having appeared, did wilfully refuse to be sworn, and give evidence in this action {or to produce such &c.)] {Or Adjudged, that II.H. being before this Court, now holden and called upon to give evidence in tins cause, did wilfully refuse to be sworn and give evidence.) And further adjudged that the said II. H. pay a fine of , for such neglect, {or re- fusal) in - days, {pr forthwith) ; And that the SCHEDULE OF FORMS. , part of the said fine, bo paid by the Bum of Clerk to the plaintiff (/?;• defendant) being the party injured by such neglect or refusal. See Rule No. 61. 60. MINUTE TN PT70CE0URE BOOK OF ORDER FOR IM- POSIl'lON OF FINE FOR CONTEMPT. It is adjudged that E. F., at the sittings of this Court now hi.>lden, in oi^en Court is guilty of a contempt of the said Court, Vxv vUfully insulting , Judge (or Djputy Judge') of the said Court lor "'' in view of the Court, by wilfully insulting , Clerk {or Bailiff) of the said Court, during his attendance at such Court" (or " by wilfully interrupting the proceedings of the said Ctmj't'")] : And it is ordered, that the said k.F. forth- with pay a fine of , for such offence, md, in de- fault of payment, be conmiitted to the Common Jail of this County, for days, uidess such fine, the costs herein, and the expense attending the commit- Tnent, be sooner paid. 61. MINUTE IN PROCEDURE BOOK OF IMPOSITION OF ioeBuleNo8.6l. FINE ON A JUROR, FOR NuN-ATTENl)ANCE. Adjudged that G. II. was duly sumniuiied to attend this Court now holden, as a Juror ; — that he hach made default therein, — that he pay a fine of , for such default, in days (w forthwith.) 8«eRu1fRNo8. 10 IS Mud 60. 62. WARRANT OF COMMITMENT FOR CONTEMPT. In the To — Division Court for the County of -, Bailiff of the said Court, and to all aid by the the partjr SCHEDULE OF FOKMS. 69 ; FOR m. ;lii8 Conrt npt of the Judge {or lew of the Bailiff) of Court" {or fthe said ^.F. forth- nd, in de- ou Jail of 1 fine, the I coinmit- jItton of SCE. (0 attend lach made , for rEMPT. »f , md to al! Constables and Peace Officers of the County of- and to the Jailer of the Common Jail of the biud County of — . Whereas at the sittings of tliis Court, holden on - at it was adjudged, that E. F. did, then and there in open Court, wilfully insult me , Judge {or Deputy Judge) of the said Court [or did, in view of the Court, wilfully insult , Clerk, (or Bailiff) of thu said Court, during his attendance at such Court {or did uidawfully interrupt the proceedings of the said Court)] ; And it was ordered, that the said E.F. should forthwith pay a fiue of ,lbr such offence, and in default of payment, be committed to the Common Jail of the County of for -— . — days ; And whereas the said E.F. did not pay the said fine, in obedience to the said order: These are therefore to require you, the said Bailiff and otliers, to take the said E. F., if he shall be found within the , and deliver him to the said Jailer of the Common Jail of the County ot^ ; And you the said Jailer are hereby required to receive the said E. F., and him safely keep in the Common Jail aforesaid, for the term of days from the arrest under this warrant, unless the said fine and costs, the costs amounting to , and also the expenses fittending the commitment, amounting together to the sum of , be sooner paid. Given imder my hand and seal this ,18-. Sealed with the seal of the Court, {L.S.] Clerk, day of [L. S.J Judge. 10 SenEDULE OF FORMS. 63. WARRANT TO LEVY FINE UPON WITNESS. In the Division Court for the County of Between A. B. plaintiff, and C. D., defendantj WhereuB at the sittings of this Court, hoMen or -., at_ ■, it was adjudged, that If. H. was duly sum- moned to appear as a witness in this action, at a sittings of this Court [and also to ])roduce {as the case may he)] ; that payment (or a tender vf payment) of his vef/- sonable expenses waa made to hin., and that he did isot appear [or having appeared did wilfully refusi j> ho rtworn and give evi bo .1 produce ses to give ' Whereas a sittings the above give evi- at the said , for such ith) : And such pay- 1 often he- ld levy by )f the said d, (except or 'his trade, and costa and your md also to , and any tes, bonds, aid ., iof, as may )n and the To Bailiff of the said Court :.| Clerk. Fine, - Costs, Execntion, . 72 SCHEDULE OF FORMS. 9tt Rule No. 4 64. PROCEDURE BOOK. — — Division Court, for Ihr- Eusuing SiUingri, 2Ulh Fibruury, 1851. No. 1. A. D. 18—. 185!. John Dok vs. Thomas Rob. Town of Towualiip of 1st Jan. Received particuliirs of plaintiff's demnnd (on contract) for £2, juul iiluintiU'paid Is. Hd. lowiuds costs. nth '« Issued summons to I'.iiilitl', costs Is. 8d., iind mileage. 24th " Summons returned served the day of . 28th " f)efendiint puid £U. Is. Hd. demand and costs. 10th Feb. Paid pluintitrX2. Is.'Sd., demand and costs, deposited. No. 2. A. D. 18—. John Den vs. Township of Thomas Fen. Town of iOth Jan. 12th " 20th " 8lh Feb. 13th " 20th 20th Marcli Received particulars of plaintiff's demand (for Tort) for £5 ; plainlitt'iiaid on account of costs 158., and directed two subpu;nas, and gave notice to try by Jury. Issued summons to liailitf, costs 5s. 9d., and mileage. Summons returned served tlie day of . Issued Jury Summonses and subjia'nas to Hailiff. Jury Summonses returned served, 10 miles travel, sub- pcunas served also. Both parlies it]ii)eared, cause tried, judgment for plaintiff on verdict for ten pounds, ten shillings and ten pence damages, and pounds shillings and pence vosts, to be paid in days. Defendant jiaid pounds , , in full of judgment and costs. No. 3. A. D. 18—. Jame.s Jones Township of vs. Thomas Tuoupson. Town of nth Jan. 12th " 1st Feb. 3rd " 20th " 10th March Received particulars of plaintiff's demand (on contract) for i:25, and Os. Cd. on account of costs from James Patton, plaintiff's Attorney. Issued Summons to G. G. Hailitf; costs Gs. Cd., and mileage. Summons returned, served the day of , 9 miles travel. Defendant executed Cognovit for £25. Judgment for i)laintiff— twenty-five pounds, debt, and pounds , , costs, to be paid in days. Defendant paid £ debt and costs. N. B. 77te proceedings in a suit may be continued from page to page, givi7ig a reference from one to another ; arui the sums of money may he in decimal currency, pursuant to 16 Vic, cup. 158, if so ordered. SOnEDULB OF FORMS. 78 contract) s. ease. ositcd. Tort) for il directed ry. cage. ivel, sub- r plaintiff ten pence and judgment contract) im James i mileage. -, 9 miles lebt, and days. ! to page, of money 158, i/ so 00 ■«»' (0 r-. l-> ^•9 "moo — e>i I- 1 ; < ^ t* «H § .3 •a '3 Ph d 1 «< .5: s ■^ •'^ •^ B « Q p — ^ If P.I • " ^ Q • Ph 1 M o o (L 00 H .2 -• • t •2 1-5 00 i-i 1 d out of thi of January, 13 d Feb.. 1851. April, " 1 00" lO n '5 ♦J L> — .a js M ■s 1—* ^;3 t> TO w -t-t r-i Oi 2 © e-i ■s P ."a a" ^' ^ el a; 01 ^ .•3 S ■3 1 tfi a "s ^s^ Ph 2 ID . '/) a 1 • 'cS B ■» oj ,„ » a 2 14 •4-> CG g 2 a ^ 3 o o 00 c. ^ o 1- a. pa 03 (J 6 © 10 10 l-H r-t M in CO f ' Ol ■ © "t CO ■©"o" © C£) S < •3 s to s © C 1 o o 1° t5 ■ • 03 •^ 03 .3 1-1 05 CQ 13 t<-. ^ rn SS Ci so d 03 ai a Ph Tj< 1- 00 CI IM M ^ . 2S "2 03 -2 CO « #s Cra •— ^ £■'3 © g '- oj ="72 CO S S be a 0) m 3 oi e n et al. Jones . Roe et t2 Is 03 ■S 43 U d .2 2 3 1 "3 "5 ? m 2 Pifr. .s 8 ca .a u r»» » » s a a a -4^ d s OT ssso e] •3 Q-3^H H ►-» , J CO It- CO 6 etj >o in <1 5*5 i-H C^ 1-1 See Rul« No. 1 u SCHEDULE OF FORMS. 8m Bale No. S. 60. CLERK'S RETURN OF EMOLUMENT?. Return of Clerk of the fees and ein< liinients from tlio of , bolli Canada Division Division Court for tlio day of , to the of nil day days inclusive, made in pursuance of "Tlio Upper Courts Act of ISno," section 110. On Whut. EnteririB every nccount and bbuliig nuiumuuD, Copy of SiimtnnnR, wid par- "J ticiiliii'8 (if (le imiiil ui' hUt- ( off, ivhi'ii nut fuiiii-liL'J by i pljiiiiitTor (luftfiiUiint, ) Summons to Witness, AUjuUi'umeul uf uuy Caudti Not Exceeding £2 K\cee(tiii|; £'i KxueeiliiiK 15 ExceL-diiiK £11) EKcee Exceeding £15 Every nenrch Into a proceeding over a yetti- uld Taking CuufeAsluaLfJuJgiueul — Nut Kxct^cding £2 Exceeding £i Exceeding £5 Exceeding £1 > Exceeding £l5 Every Warrant of Attachment ) Not Exceeding £2 or ExuuuUoQ. ) Exceeding £2 Exceeding £5 Exceeding £ln Exceeding £1.^ Every copy or certificate of Judgment to auutliei- Cnunty, Drawing AtttduvitH unJ udminiatcring oaths tu Bailiff, No. Kate. \t U. U. U. U. Is. U. la 01 »J Hil. C.l. u. Id. u. 8d, 81 61. 91. 91. 91. CI. 9d. Is. U. U. 61. 9d Is. U. 61. 61. 6i 6 4> «« s 73 c V O o O § 4-» c > o C c c« a. .o Z c 3 9 a S 3 c i v a • Ct E a J3 S 6 x: v? en 'A < < r* -< -tj pf A. B. aboTe-nanicd malvcth oath and saith, that the foregoing Return is full, true and correct, in every particular. Sworn before me at Sworn before me at — — — , in the ) , this day of , 18 . V E. F., Clerk. J Toronto, 28th June, 1854. (Signed) M Ii II S. B, HARRISON, M. O'REILLY. E. C. CAMPBELL, GKO. MALLOCH, J AS. ROBT. GO WAN. Approved as amended 8th July, 1854. (Signed) It 41 JNO. B. ROBINSON, C. J. J. B. MACAULAY, 0. J. C. P. W. II. DRAPER, J. ROBERT E. BURNS, J. WM. B. RICHARDS, J. an ir ia I arks. oregoing ^AN. INDEX TO RULES. NEW RULES AND FORMS— 1. Sibstitiited for old Kules and forms. 2. Time cf coming into opcraUon. CLERK'S DUTIES— 3. As to place of holding office. 4. As to books. 5. As to Returns of Emoluments. 6. As to unclaimed moneys. 7. As to Bailiff's Raturns, pursuant to 12th Rule. 8. As to numbering of suits. 9. As to annexing copy of account, &c., to summons, or copy, and issuing tba same. 10. Ai to in'lorsing warrants of commitment. BAILIFF'S DUTIES— 11. As to returning summonses. 12. As to paying over sums levied, and returning writs of execution, &C. 13. As to indorsing warrants of commitment. 14. DESC HI PTION of parties. PARTlCri^ARS- 15. Of claim. IG. In cases against ofliccrs and their sureties. 17. PARTICULARS ON JUDGMENT SUMMONS. SUMMOxVS— 18. Tiic issuing of ordinary summons. 19. Additional Notice on, under 90th section of 13 and 14 7ic. ch. 63. 20. Under 9lh section of IG Vic. ch. 177. 21. Mode of service. 22. When to be served. 23. Under 91 see. of 13 & 14 Vic. ch. 53— Mode of service. ATTACHMENT— 24. Ailidavit for. 25. No hearing nor trial until a month after seizure under, when sununoO0 no* personally served. 26. INSPECTION OF DOCUMENTS— Mode of. 27. wmiDllAWAL OF CAIKSK— By plaintiff. 28. ADJOUllNMENT OF SUIT. 29. DEFENCE— Notice of. 30. ADMISSION— Notice of. 31. CONFFSSION— ili'ae> party in an aUjomnig Division. ■J For'leave to sue several parties. PARTICULARS— 3. [;_Iu case>f Oontriici. 4. ■'- In case of Tori. 5. """in actions against, tllerk or Baiiifl", and liis suretiw. SUMMONS— C. To appear. ■( . Affidavit of service of. 8. HKTT-OFF— notice^of. 9. DEFENCE— iindcr^statuto- ijLijj.->-^^' -notice of. lo' ADMISSION— notice of, to save unnecessary expense in proof. CONFESSION OF DEBT- ] 1 . After suit commenced. 12. Afiidavit^of execution of WITNESS— X3. Summons to. 14. Allowance to. 15. JURORS— summons to. • o.„ 16. JUDGMENT of Nonsuit or Dismissal for want of prosecution— Mmuw m Pio- ccdurc Book of. • n j ]T. JUDGMENT n-uinsl Defend,ant— for debt or damages— Minute in Procodurs Book of. 18 JUDGMENT for Defendant- Minute in Procedure Book of. 19. NEW TRIAL— order for. EXECUTION— 20. Against goods of defendant. 21. Against goods of plaintiif. 22.' ATTACILMENT— Affidavit for. BOND— 23. On seizure or sale of perishable property. "24". onsuperscdcas to v.'arrantofattachmeut. ARBITRATION. 25. Reference— order of. 26. Award. 27. Minute in Procedure Book of Judgment im INTERPLEADER— 28. Summons to plaintiff. Summons to claimant. Particulars (if claim on. Minute in Procedure Book'of Adjudication on. Execution against the goods of claimaut. EXECUTOR OR ADMINISTRATOR- 33. Minute in Procedure Book of ordinary Judgment agaitist. 24 Of Judgment against, where assets wasted. _ ^ 35! Of Judgment. against, where representative cliiuucter deraed, or releas. pleaded. 29. 30. 31. 32. IV INDEX TO SCHEDULE OF FORMS. EXECTTTOP OR ADMINISTRATOR—Co/iZ/nMcrf. .'IG. ()♦' Judgincnt iig'ainst, wliorc reprcsi'iitiUivo character admit Utl. l)iit domnnd denied. Of Jud;>nieiil aguin.-t, avIhtc representative eiiaraoter adfflitted. Iml doiuand denied and total or partial udmini.^tration allef(ed — and l)olli dcniimd and administration proved. ►Similar to foregoin;,^ (;J7) exeej)! adniini.- a'atio;' alleged not pvov^-.l. or jndgment against, where represcnta'ive elia..; v r ami dcina-idadinilted. hiii tv)tal or ]\'irtial administration allege(, and pr-)ve(l. Himilar to foregoing (;'.1») except adnnn'i;ilr.ition alleged /lot pro\ed. Summons" to, wliere j)laintift* allege?* asset? to have ficcrncd dincc jiidgineni. Devastavit— pnggestion of, on origiiial summon.-;. ►S'nnmons on devastavit. ]\linnte in Procedure Jlook of judgment again-st, on Devastavit after jiidgnneol Summons on behalf of, to revive a judgment. Summons to revive judgment ds^u ijust . Minnie in I'rocedure Uook to revive a judgment yUr. Jlinnte in Procedure liook of Judgment to revive a judgment o^u/'w*/. Execution against goods of testator. Execution ybr, on judgment revived in hU. favour. l:^xeeulion (!y;(iiiist, on judgment revived. 52. TRANSCRIPT^ OF JUDGMENT. [>3.^CERTIFICATE OF JUDGMENT FOR ilEGlSTR.XTIOX. .'54. JUDGMENT SUM.XIONS— Application for. 55. JUDGMENT SUMMONS TO DEFENDANT. COMMITMENT— WARRANT OF. 56. In default of appearance. .•jT. After examination. 58. DISCHARGE FROM tniSTODY— CERTPIOATE OF FINE- SO. On -witnes;-, mimite iu Procedure Rook of imposition of. GO. For Contempt — ."\Iinute in Procedure Dook, &c. 61. On Juror for non-attendance, ilinute in Procedure Roi^k, ite. C.2. COMMITMENT FOR CONTEMPT— WARRANT OF. r.3. WITNESS— Warrant to levy line ujjon. (>4. PROCEDURE ROOK— GD. CASH BOOK. GG. CLERKS RETURN OF EMOLUMENTS. G7. LIST OF UN(;LAIMED MONEYS. <;8. P ^ILIFF'S RETURN. .•:7. ;;8. ;;;>. 40. 41. 42. 4;i. 44. 45. 4C. 47. 48. 49. .'.0. 51. int. domnnd but (loniixnd i'iiimihI iinit liuiUod, 1)11 1 iidjjinoiil. rjudgiyfol il. "mm-