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COURT OF ClLvNCI'mY, r,„. ..KP.N...i AN.. nKr...r.AT.Nn t..v. i>kao.t,ok an.. ruonERm.os ..v THE COUNTY COUHTS OF UPl-F.U CANAl.A, rNl.Kll "TllR COONTY comvrn kquity hxtknsion act." DECEMBER 1853. I The Judges of the Court of Chancery do liereby, in pursuance of the authority and power conferred by an Act of the Legislature of this Province, passed in the sixteenth year of the reign of Her present Majesty, intituled "An Act to confer Equity Jurisdiction upon the several County Courts in Upper Canada, nnd for other purposes therein mentioned," order and direct that all and every the rules, orders and directions hereinafter set forth shall hence- forth be, and for all purposes be deemed and taken to be, general orders and rules for defining and regulating the practice and proceedings of the several County Courts in Qpper Canada under the jurisdiction conferred upon them by the said act : — I. All plca.lings and affidavits filed in tlie County Courts under the provisions of the said Act, arc to he intituled as follows :— ■ In the County Court of the County of Eciuity Side." A .Intituring pro- cfcclings. Sec. 2.-N0 plcadinga shall rc(iuire the signature of Counml newl not , Bign plemlinKs. COUHSCl. Claim— Conttmtii of. Korm of. gcc. ;}.— The claim is to contain : (1.) The name and description of each party plaintin". (2.) The name of each party defendant. (3.) A statement of the plaintiff's case in clear and concise language. (4 ) A prayer for the specific relief to which the plaintiff supposes himself entitled: but the prayer for general relief may be added. g^,c 4 —In the several cases enumerated in schedule A, the claim may be in the form, or to the effect set forth in that schedule, as applicable to the particular case- and in cases not enumerated in that schedule, form's similar in principle may be adopted, Avherevcr a more detailed statement is not necessary for the clear and intelligible statement of the case. Sec 5.— It must appear upon the face of the claim that the subject matter thereof is within the jurisdiction of the County Court. gcc G —Upon the claim being brought to the clerk's TO bo fiM «n,i office to be filed, it shall be his duty to file the same of .„tere,l by H.rU, ^^^^ ^^ ^^.^.^^^ .^ ^_^^ ,^^ ^^ ^,^^gl,fc i,,, and tO CUter the same in a book to be by him kept for that purpose ; such entry to contain the names of parties plaintiffs and defendants, and the date of the filing of such claim. Sec. 7.— It shall not be necessary to serve the Modeofs^rriceof^^^^^^^^^^^^^ ^.^^^ ^ summous or Other process to notify him to answer the claim; but, in lieu thereof, a copy of the claim is to be personally served upon him, with I ii y i 3 an inaorscment thcvcon in the i<.r«W.r t.> the e^^^ Bct forth in schclulc B. In i.ak.n, «-^^ ^ ^^^ shali not ho necessary to proclucc the ongmal chvun. PAimES TO HUITS. II. It Shall not he comrctent to any days from the date of such service. Tn all suits concerning real or personal estate ^,_^^^^^^^ ^ in ail BUiio ^ o aof+loTTIOnt or or iiireonBl cB- v.;.i, ;« vostcd in trustees under a will, scttiemem u o^^ i^^^^^ which 18 VCSltU iu n "o , TifVPOnS wnl those bene- other^e, »ueh trustees stall ["P"'""^^ /^^^re SSSSS beneficially interested under *c 'rust „ »'«;»;.-.. manner, and to ^^--^^t'l^tontl estate nr 'ulministrators m suits conccrmuB v^ , . „v :;rert the person, beneficially interested m sueh personal estate ; and in Huch case it shall not bo ncccB- Hjiry to make the pernoiiH beneficially interested under the trusts parties to the suit; but, on the liearinj;, tho jud;^e, if he shall think fit, may order such pcrs^ ii or persons, or any of them, to be made parties. In all cases in which tho plaintiff has a joint and jrr'T"''' several demand a-ainst several p.-{ ™-,V time >vithi,i ten .lays after service upon him of a copy ;;jy,;t.-- thereof. Upon the filing of a .lomurrcr by a .lefen.lant. cither party is at liberty to set .lown the same for arirument imme.liately, to be hear.l in the following ,,„.,„ j,.„,„ ten", or at such other time as the ju.lge shall appoint, t". n.>-^ ANSWER. VIII Answers may be in a form similar to the form set out in sche.lule C. The answer is to bo in tlio first person, an.l is to consist of a clear and concise lut'nent of .u'ch .lefence or defences as the defen.lant ,......- -• raay .lesire to make. The silence of the answer as to any statement containe.l in the claim is not to be con- strued into an implied a.lmission of its truth; and any allegation introduced into an answer for the purpose of preventing such implied admission is to be considered impertinent. Sec. 2.-A defendant served with a copy of a claim M..jt^^b.^n,«^;;^ is to answer or demur to any original claim or claim amended before answer, within ten days after service of such claim, or of notice of the amendment thereof, as the case may be. Sec. 3.-The ansAVcr is to be signed by the »lf ^en- Mu„tj« ^.i.«ea dant, and is to be verified by his oath; and the jurat is to be in the form set forth in schedule C. 8 Sec. 4.— An ar-swer may be filed without oatli or ^?ilr;uTu"ent. signature, by written consent without order. .HDOE MAY aiVEKEUEP^^FjmUNT UPON ANSWEU IX. When, in order to do complete justice, relieC ou^ht'to be given to the defendant as well as to the „.,iof may ..pirintiff, or to the defendant alone, or to one of several &rr"-defendants, the judge, if he see fit, may frame Im m„d,, by answer, ^^^^^^^ ^^ ^^ to attain that object, when the right ot the defendant to relief grows out of the same transactions which form the subject matter of the claim. The facts necessary to make out the defendant's right to relief arc to be stated in the answer as part of the defendant's case; and he is to pray such relief as he may think 1 • .uself entitled to. This order is not to be considered as autliorising a defendant to state in his answer any distinct or independent matters, not connected with, and growing out of the case made by the claim, as the foundation for relief; and the judge, in all such cases, may either grant such relief upon the answer or he may direct, or permit a separate suit to be instituted. SUPPLEMENTAL ANSWER. y. The judge may permit a supplemental answer supplemental to bc fdcd at any period of the suit, for the purpose of ^>7C putting new matter in issue, in furtherance of justice, ""''"■ and upon such terms as may seem proper. No answer, supplemental answer, or demurrer, is to wteuto„oaoem.be dccmed as filed, for the purpose of the computation '' """ of time, until a copy thereof has been served. CLAIM BEING TAKEN AS CONFESSED IW DEFAULT OF CLiAiJi u DEFENDANT. XI. When any defendant, not appearing to be an pyaconfm^ [^faxit or a person of weak or unsound mind, unable LT;=^a".f '" of himself to defend the suit, has been personally served with a copy of such claim, and has neglected to answer or demur thereto within ten days from the time of ricli ■ service, the clerk is, upon the proccipc of the pUuiitift. to make an entry in his sai the Bcriod allowcd to the defendant for answering has l)« made and how ' _ ,, ii.i to be opposed, expired, may move the court tor such decree or decretal order as he may think himself entitled to ; and the plaintiff and defendant respectively mny file affidavits ill support of. and in opposition to such motion, and may use the same at the hearing thereof; and when such motion is made after an answer filed in the cause, tlio answer, for the purposes of the motion, is to be treated as an affidavit. Sec. 2. — Notice of the motion is to be served upon tlie defendant or defendants at least ten days before the day to be named in such notice for the making of the application. gee. 3. — Within five days from the service of the notice, the defendant must file bis affidavits in answer. Sec. 4. — Within three days after the expiration of sucli five days, the plaiiitifl' is to file his affidavits in reply ; and, except so far as such last mentioned affida- vits are in reply, they are not to be regarded by the judge, unless upon the hearing of the motion the judge X 13 shall give tlio defendant leave to answer them ; and in that case, the costs of such affidavits, and of the further affidavits consequent upon them, are to bo paid by the plaintiff, unless the judge order otherwise. No further evidence, on either side, is to bo used upon the hearing of such motion, without the leave of the judge. Sec. 5. — Upon hearing the application, the judge, in his discretion, may either grant or refuse the motion, or may give such directions for the examination of either parties or witnesses, or for the making of further enquiries, as the circumstances of the case may require, and upon such terms, as to costs and otherwise, as he may think right. Such motion is to be heard in the following term, or at such other time as the judge may appoint. MOTION FOR DECREE OR DECRETAL ORDER BEFORE TIME FOR ANSWERING HAS EXPIRED. XIV. When it can be made to appear to the judge that it will be conducive to the ends of justice to permit mit^uote of mo- , lip 1 i • „ tiou for decree to such notice of motion to be served beiore the time lorixi givm before . time for answer- answering the claim has expired, the plaintift may iog um expireu. apply to the judge, ex parte, for that purpose, at any time after the claim has been filed, and the judge, if he thinks fit, may order the same accordingly ; and when such permission is granted, the judge is to give su'-l: directions, as to the service of the notice of motion and \ le filing of the affidavits, as he may deem expedient. Upon hearing tUe "t"'j motion, judge certain Sec. 2. — Upon the h:>aring of the motion for a decree or decretal order, the judge, in his discretion either grant or refuse the application, or may give such SrecK directions for the examination of either parties or wit- nesses, or for the making of further enquiries, or for a When cause to bo at iuBue. 14 iury trial, or with respect to the further prosecution of the suit, as the circumstances of the case may require and upon such terms, as to costs and otherwise, as he may think right. .SSUE AND ^f^i-SVS^^-'^oT ^^^^"^^'^ XV Upon the filing of an answer, or the last of several answers, or of answer by one or n.ore defen- dants, and of entry for takh.g claim as confessed as to others, or after the time allowed for answering an amended claim has expired, the cause is to be deemed at issue. Sec 2 —When the plaintiff has not obtained an order 'to amend, he is either to apply to the judge for a trial by a jury, as provided for by order XXII ; or, in the event of the defendant not having made the like Under what ,„^i;„^tmn lic is to civc noticc of motion for decree circumstances application, lit 1» t" t,' ^i-V^i-iviuA defenuantamay KK. ^ ^ft^r thc CaUSC IS at ISSUC, OthcrWlSC move to dismiss. Wlinm Itll uajo .ill. ,. . ^i ^ •„+:«■'□ /.loim any defendant may move to dismiss the plain iftsclann for want of prosecution, unless the judge shall m the meantime have given to the plaintiff further time to take such proceedings. Sec 3 —When the plaintiff has obtained an order to amend his claim after answer, he is to amend the same within two days after such order being granted, and thereupon he is either to apply for a trial by jury, or in thc event of not receiving notice of the like application on the part of the defendant, he is to give notice of motion for decree or decretal order, withm the times following; and in default thereof any defen- dant may move to dismiss thc claim for want of prosecution : — (1 ) When the plaintiff amends his claim and no answer i« t in thereto, and no notice of appli- cation for further time to answer is served within seven days after the service of the notice of amend- 15 mcnt, then after such seven days, but within ten days from the time of the service of such notice. (o \ Where the plaintiff amends his claim after answer, and a defendant, within seven days after service of notice of tLc amendment, serves notice ,)f an application for farther time to answer the amendments, but such application is refused, then within seven days after such refusal. (3 ) When a defendant puts in an answer to amend- ments, then within seven days after the filing of such answer, unless the plaintiff obtain in the meantime an order for leave to re-amend his claim. Sec 4 —In every case where the plaintiff is delaying the suit unreasonably, any defendant may apply to the judge upon notice, that the claim may be dismissed with costs for want of prosecution after the expiration of ten days from the time of filing his answer, m case the plaintiff not having obtained an order to enlarge the time does not give notice of proceeding m manner aforesaid within the time above limited m respect thereof, or in case the plaintiff should make unreason- able delay in the further prosecution of his suit to a decree ; and upon the hearing of such motion the judge is to make such order for the dismissal of the claim, or for the expediting of the suit, or as to the costs, as under the circumstances of the case may seem just. PROOF OF EXHIBITS BY AFFIDAVIT. XVI. Any exhibit which according to the practice ^^^^^^^^ ^^^ ^ of tbe Court of Chancery may be proved by the affidavit proved by amaa- of a witness, may be in like manner proved by affidavit : an order having been taken out for that purpose. AFFIDAVITS BY PARTICULAll WITNESSES OR AS TO AFMUAViiB PARTICULAR FACTS. XVII. When the facts in issue arc at the instance of either party to be tried by a jury, in such case 16 Kiicu in iMun nfljdavits of piirticulai' witnesses, or iiffidiivits us to par- mty 1)0 proved » 111 by ftBMavit, \>y ticuhu' facts or circumstances, nuiy be taken by consent ofjudgo. or by leave of the judge; and such consent maybe "iven on behalf of married women, or infants, or otlicr persons under disability, with the approbation of the judge. aminod. WITNESSES MAKING AFFIDAVIT SUBJECT TO CROSS-EXAMINATION. XVIII. Any witness who has made an affidavit to wiinpsws irnk-bc used upon any application other than an affidavit of may be crow tx- sei-yicc, is to 1)0 subjcct to Oral cross-oxamination beforo the judge, in the same manner as if the evidence given by him in his affidavit had been given by him (trally ; and such witness is to attend before the judge upon beinf served with a writ of mhpcena ad tcstificandmn or suhpoina ad testificandum ct duces tecum; and the expenses attending such cross-examination and re- examination arc to be paid by the parties respectively, in like manner as if the witness to bo cross-examined wore the witness of the party cross-examining, and arc to be deemed costs in the cause of such parties respec- tively, unless the judge think fit to direct otherwise. Forly-pight lioura' notioo of such cross examination to b« given. ScvJ. 2. — Any party desirmj:, to cross-examine a witness who has made an affidavit in any cause is to give forty-eight hours notice to the party on Avhosc behalf such affidavit has been filed, or to the party intending to use the same, of the time and place of such intended cross-examination, in order that such party may, if he think fit, be present thereat. The ro-cxamination of any such witness is to follow immediately upon the cross-examination, and is not to be delayed to any future time. Sec. 3. — In case any witness making such affidavit, and for whose cross-examination notice shall have been served, shall reside without the county, it shall be 'V 17 competent to tlio judge, at tlio instance of cither party, ^^^^^ ,, j,^. ,,,,,„i if ho 'think fit, to certify, that in his jua-mcnt it is t-;K;''<- ;»• roasonahlo that such witness sliouM bo cvoHS-exivinim-a -^^ ^"•• in the county where he resides; and upon production of such certificate to the registrar of the Court of Chancery, he is to issue a writ of suhpania ml tcsttfi- candum or suhpa-na ad ti'Mlficandim rt duo<^>i tecum, requiring such witness to attend before the master, or a deputy master, ov examiner of the Court of Chancery, for the purpose of such cross-examination ; and such witness is to attend accordingly ; and the party obtain- ing such certificate shall give notice thereof to the opposite party, and, if ho bo the cross-examining party, notice also of the time and place of such intended cross-examination. Notwithstanding the granting of such certificate, witnesses residing without the county may be cross- examined before the judge at the instance of any party willing to pay the extra expense, if any, thereby incurred, and such party shall be entitled to such subpoenas aforesai.l from the registrar of the Court ot Chancery, and the witness shall bc^ bound to attend before the judge in obedience thereto. Sec 4.— Any party requiring the attendance of witnesses or other parties, for the purpose of cxaminii- tion, who mav reside without the county, for the purpose of evidence at a jury trial, shall be entitled to such subpoenas aforesaid for that purpose ; and sucli witnesses and parties shall be bound to attend accordingly- FORM OF AFFIDAVITS, &c. XIX —All affidavits are to be taken and expressed in the fi person of the deponent, and his name Ammwit^jo^b,. at the commencement of the affidavit is to be written »-• in full, and not designated by any initial letter merely. (Mlii'rwlw no COI'IJI lo Ix' l\l|(lWlll. ( ifUn'r to rem! (ivcr iifllilnvlt. 18 No coBtB arc to bo allowed in respect of any affiaavH „ot drawn in conforn>ity with tins order. Every affidavit in support of, or in;PP««;'*^"^" f 7^ vcul over to tl c ^^^r*^";/ ^^ ^^^^, ;, to inform such 1° Iho f„n„ ov to the effect .et fovtU m schedule E. ,„,,„,. .TTPIiDANCE OF WITNESSES FOR I'OB- COM^ELLI^O '>™a OF M0T10B3, to. XX -Aot party in a"y c«« depending may by w"- -' Z * ,"*.«» (ccum re-iolre tl,e a«e„,la„eo of any XrSirSet before the judge, or before a rtcputy master or — "■ -Zpurp^eofu^ng..^^^^^^ SrXs-rblnd^attendfor^^^^^^^^^^^^^ ;:;^!t up nU 'evidence before the court at the toe and"uay make »ueh intcnm order or otherwe riT appear necessary to meet the justrce of the case. Sec 2^Any party in any cause or matter who reqdres the attendance of any witness, whether a requires ^ ^^^^^ ^^ ^^^^ ^^^ ^^^^ ^^^^^^^ ^f his KoriyciBhthour.' party ^^ \ , • ^ j^jg cvidcncc upon any rJ.™„^:i'ofo>eing examined ^^*J ^ J^;^;;^^^^ before the court, ,K»iu. party, motion, petition, or other P^^^^J^'^JS . ^^^^ ^ U to fflvc to the opposite party or parties loriy j, hours' no^ce at least, of his intention to examine such tun ss and of the time and place of such examuia- C -1- the court think fit in any ease to dispense ■with such notice. 23 .uchpvocccaingsa.thooraerinsuchcasc^ or such proceedings as might have been no such order had been made. PAYMENT OF MONEY INTO COURT. XXVI -Money ordered to be paid into court is to , ^ ; tith the privity of the elerk into such bank or be paid .vith the pnv y ^^ ^^^^ ^^^^ bank agency m ^^J^^^^l ^^^^ ^,. ^^.^i, agency P„,..e,a . .,T^vlf^itl^• and it i/licie y>^ "" """ . uioucym T d en into such bank ov bank agency m TaLs to the suit and the date of the order. Sec 2.-A11 sums of money to be paid out of court ^^^^^^^^^^^^^ .re lo be so paid upon the cheque of the clerk, coun- tersigned by the judge, and not othermso. SUITS FOR F01U.:CL0SURE AND REDEMPTION. XXVII -In any suit for the foreclosure of ^oon^<^^_ e^;y of ademption in any -^^J P-pc^^ -£S. 3| for redemption, the mortgagor may be or lerea lo ^^^^^^^^ deliver up possession of the mortgaged premises upon the final Older for foreclosure or for dismissal of the claim as the case may be. Sec 2.-In any suit for the foreclosure of the equity of redemption in any mortgaged property the jujgo ^^^^ ^_^^^^^ ^^ upon the request of the mortgagee, or of any subs ,^„,_^^ n.,v Xnt incumbrancer, or of the mortgagor, or n^y pei- on laiming under them respectively, may direct a le f IhWrty, -tead of a foreclosure of such enuity of redemption, on such terms as the judge may htk'fit to direc't, and, if the judge think fit without previously determining the priority o incumbrancers giving the usual or any time to redeem ; but if such recfuest be made by any such subsequent incumbrancer, 24 or by tlic mortgagor, or by any person claiming under them rcsncctivcly, the judge is not to direct any sucli sale without the consent of the mortgagee or the person claiming under him, unless the party making such rc- (jucst deposit in court a reasonable sum of money, to be fixed by the judge, for the purpose of securing the performance of such terms as the judge may think fit to impose. gee. 3.— Instead of foreclosure, the claim in any such suit may pray a sale of the mortgaged premises, ^;tr/ 'TZ\rid that any balance of the mortgage debt which may '""'' remain duo after such sale may bo paid by the mort- gagor, and the same may be decreed accordingly. Sec, 4._\Vhen any person is surety for the pay- '.IJ^'f/euryt ment of any mortgage debt, such person may be made rrtca'&""'a party to any suit for the foreclosure of the c.^uity ot redemption of the mortgaged property, and the relief specified in the last section may be prayed agamst both the mortgagor and his surety, and the same may be decreed accordingly. Sec. 5.— When a suit has been instituted for the foreclosure of the equity of redemption in any mort- gaged property for default in the payment of interest, or of an instalment of the principal, any defendant may move to dismiss such claim upon paying into court the amount then due for principal and interest, with costs. Sec. 6.— When a suit has been instituted for the purpose and under the circumstances specified in the last section, any defendant may move; to stay the pro- ceedings in the suit, after decree, but before sale or final foreclosure, upon paying into court the amount then due for principal and interest with costs. When an application is made to stay the proceed- ings under this section, the decree may afterwards bo In forecloRuro Buits on default of payment of instalment or interest, defendant may move to stay pro- oeedinga on pay- ment Into court of sum due and costs. 1 ;j i t \ 25 enforced, by order of the judge, upon any sul^scqucnt «o«oo^, »»y^,|;;: default L the pay.^nt of any further instahnent of the ..■..„,....„. principal or of interest. Qnn 7 —When a motion is made for a decree after pjocccMngs on Oeo. t. »iin^n«" . •, p motion for decri-'O entry made to take the claim as confessed, m a suit tor ,^ ,,, ,,„ the foreclosure of the equity of redemption m any mortgage property, the plaintiff is to produce at the hearing : (1.) Tho mortgage deed and the assignments thereof, if any. (2 ) An affidavit, which is to state tho amount ad- vanced upon tho security ; the amount paid— whether by receipt of rents or otherwise ; and tl-c amount remaining due for principal and in- terest, distinguishing how much for principal and how much for interest : tho affidavit is to state whether the mortgaged premises or any part of them have been in the occupation of tho mort- gagee, or of any one under whom he claims; and when 'there has been any such occupation, the affidavit is to state its nature, the time it continued, and the fair rentable value of the property. Upon production of such proofs and documents, the judge may at once determine the amount due, and when a foreclosure is ordered, tho time and place for the payment of the mortgage money may be fixed by the decree, without a reference or any further enquiry. INDORSEMENT OP NAMES OF ATTORNIES OR PARTIES. XXVIII.— Upon every writ sued out, and upon every claim", demurrer, and answer, or other V^^ocooc\-i^oc^ao^r..y^ int.- ,l„,.cn,l +Tir> •nnmf>. OV fivill and cnJorwd on ing, there shall be endorsed tho name, or firm andenaor<.a place of business of the attorney or attornies by whom such writ has been sued out, or such pleading or other proceeding has been filed; and when such attormes plciidiUKS &e lancr.HJilri serviro to ))(; 26 arc agents only, then there shall be further endorsca rcreJn the name, or finn and place of buBmess of the priiiciral attorney or attornics. Sec 2.-Evcry party suing or defending in person i, to cause to be endorsed or m-itten upon every .rit w,„..,Hv .. 1 ieh he sues out, and every claim, demurrer, ansvve ■K-r-';l^n^r ^,,, proceeding, his name and place of resulence^ """" ■"""■" -.nd so! (when his place of residence is more than a1 xni from the office where such pleadmg or C ^oceeding is filed) another proper ,^ac.o be called his address for service, not more than three "los from the said office, where writs, notices, ordei , IppointmentB and other documents, proceedings and communications, may be left for him. COPIES OF TLEADINGS &c. XXIX Any party requiring a copy of any plead- <.„„■,. or ..a.i,f^ affidavit is to make a written ^Pf cation for the S.ta .r ";« to the attorney of the party by whom it h s been ^^"'"" Z\ or on whose behalf it is to be used ; and wh n Sply has no attorney, then to the party himself. Sec 2.-When an application is made for a copy of J pieading or affidavit, it is to be delivered within f.^:i::;^:inir Ltv-eight hom-s from the time of such demand; and '- aS-- time which may elapse before the delivery Seof is not to be computed against the party demandhig the same. Sec 3.-Copies of pleadings and affidavits arc to ,be ^^itten on paper of convenient size in a legible r^ntf """';' Jer, and unless so written, the attornies furnishmg '^•^"^^""- them arc not to be paid for the same. TRANSMISSION OF TAPERS BY MAIL. XXX AH documents, of whatever natm-e, required •i.*.„,i fr tlio rlork of the court, or the ^ miltinill'aptTSlo clork, &o * 27 office, under cover, addressecl to the clerk, or depulj n.ast;r, as the case may be, sealed w.th the seal ot the party required to transmit the same; or they may be forirded by a special messenger: in that event the messenc^er is to make oath, before the clerk or deputy Tste^rthat he received the document f- the han^s of the party required to transmit the same, that it has not been out of his possession since he so received it and that it is m the same state and condition as .vhcn itAvas placed in his hands for transmission: and the name, style and place of residence of such messenger, are forth.vith to be endorsed upon the document so transmitted, by the clerk or deputy master, as the case may be. ORDERS OF COURSE. XXXI. All orders of course are to be dra^vn up |^^s^^cf^ -- by the clerk upon prcccipe. '"'"• APPOINTMENT OF RECEIVERS. ■ XXXII Receivers are to be appointed in the ^^^^ , ^^ ^^^^^^ following manner:-The party prosecuting the order .«„ for a receiver is to obtain an appointment from the iudce pnd to serve the same on all necessary parties, naming in the copy thereof served the proposed receiver and his sureties. At the time appointed, the_ party .cosecuting the order is to bring into the judge s chambers the recognizance or bond proposed as secunty The bond or recognizance is to be to the judge. Any other party desirous of proposing another person as receiver, is to serve notice of his intention so to do upon the other parties, naming in such notice the person proposed by him as receivar and his sureties; Ll is then in like manner to brmg into the judge s chambers the recognizance or bond proposed by him as security. At the time named in the appointment the judge is, in the presence of the parties, or of thos who attend, to consider of the appomtment of the receiver, and to determine respecting the same, and to ; VClTiVt'VK. 1' Jf- 23 settle and approve the proposed sccimty; and the ixuke is to appoint such receiver by signing a witten ipp'oin^ment to the follo^ving effect:-'' In the county "court of the county of Equity Side. (Style of cause.) I hereby appoint (receiver's name), receiver ''in this cause." (Signature of judge). Which appointment is to be signed V'ithout any appointment or attendance for that purpose ; >vhcn signed it is to be filed by the party >vho has procured the person named by him as receiver to be appointed, but the same .9 not to be filed until after the execution and filing ut the securities settled and approved by the judge. NOTICES OF MOTION. XXXIII. A notice of motion, by any party to the pmioo of notice gyj^^ ^^^ l,c scrvcd at anytime after claim filed, with- out the leave of the judge. Sec 2.— There must be at least two clear days between the service of a notice of motion and the day named in the notice for hearing the motion, unless the iudKC give special leave to the contrary ; and in the coiuputation of such two clear days, Sundays or days which the offices are closed, arc not to be reckoned. of motion lifter cluim tilcU on EVIDFATE UPON MOTIONS AND INTERLOCUTORY I'llOCEEDINGS. XXXIV. Admissions of the service of a notice of p.'l^r;r^imJtion or other paper, upon the opposite attorney, need ;lf';rrtr'^ot be verified by affidavit. Sec 2.— All the affidavits upon which any notice of motion is founded must be filed at the time of the ser- vice of such notice of motion; and the affidavits, either in support of, or in opposition to, any special motion, are to be filed with the clerk. Sec 3.— Any party who requires a copy of an affi- davit to be used upon any application is to demand the ♦> ♦ 1 29 samo from the attorney of the party by vrhom Buch affidavit has been filed, or on '.vhosc behalf it is to be used, and such copy is to be ready for delivery Avithm forty eight hours from the time of such d.-mand, or Avithin such other time as the judge may in any case direct. TAKING ACCOUNTS AND MAKING INQUIRIES. XXXV. When it shall, in the opinion of the judge, _^^^^,^^ ,„„y „,,„ b^ necessary or proper that accounts be taken, or j;;[7;';,;;/° J^" Lories made, and 'hen the judge shall not think fit--^-- that the same be taken before himself, they may be referred to the master or to a deputy master of the Court of Chancery, or to the clerk of the county court, in the discretion of the judge; and in case of such reference being ordered, the decree or order referring the same shall be carried into the office of the master, deputy master, or clerk, as the case may be, withm ten days after the decree or order shall have been pro- nounced, by the party having the carriage of the same ; otherwise any other party to the cause, or any party having an interest in the reference, may apply to the judge as he shall be advised, that the prosecution of such decree or order may bo committed to him, or otherwise, for the purpose of expediting the prosecution thereof. Sp(, 9 —Upon the bringing in of every decree or „^j^ ^^ p^o^ged- ordetthe attorney bringing in the same is to take out>^.~ an appointment (unless the office/ to whom the refer- ence is made shall dispense there>yith) appointing a time, which is to be settled by him, for the purpose af taking into consideration the matters referred by such decree or order, and is to serve the same upon the parties or their attornies, unless such officer shall dis- pense therewith; and upon the return of such appoint- ment, or upon the bringing in of the reference when no such appointment shaU have been issued, the officer 30 is to proceed to regulate in all respects the manner of proceeding with such reference, and the manner in which each of the accounts and inquiries is to bo prosecuted. As to the evidence to be adduced in support thereof, and therein to give such special directions (if any) as ho may think fit with respect to the mode in which any accounts referred to him are to be taken or vouched; and. if ho think fit so to do, to direct that in taking such accounts the books of account, in which the accounts require*" ceeding is to be taken. And ho is to fix a time at which to proceed to the hearing and determining of such reference, appointiug a day in the meantime, if he shall think fit, fov the purpose of entering into the accounts and inquiries, with a view to ascertaining what is admitted and what is contested between the parties, and such directions may be afterwards varied or added to, as may be found necessary ; and in giving such directions, and in regu- lating the manner of proceeding before him, the officer is to devise and adopt the simplest^ most speedy, and least expensive method of prosecuting the reference, and e' ery part thereof. And any party directed by him to bring in any account, or do any other act, is to be held bound to do the same in pursuance of the direction in that behalf, without any written direction being served upon him for that pui-posc. ' » **«^ ■'■**««ip 31 ki ' » Sec. 8.— When the officer shall appoint a day, as provided for in section 2 of this order, for the purpose of cntcrin- into the accounts or inquiries referred to ^^^^^ ^^^^_^ him, Avith a view to ascertaining Avhat is admitted and ,.Hy .fuji^ ^vhat is contested between the parties; and when ^t^r^u^^ becomes necessary to adduce evidence, or to incur co,u of proving, expenses otherwise, in establishing or proving items of account or other matters which, in the judgment of the officer ought, under all the circumstances, to have been admitted by the party sought to bo charged therewith, and which such party shall refuse to admit, the officer, before making his report, is to proceed to tax such costs, occasioned by such refusal, as shall appear to him reasonable and just, and shall state the amount of such costs, and how the same were occa- Bioned; and the party to whom such costs aro tobe paid is to bo entitled, upon the officer's report becoming absolute, to such process of the court, to compel pay- ment thereof, as in other cases: provided always, that when the party entitled to receive the general costs ot the cause is the party ordered to pay such costs, he is to be at liberty to deduct such costs from such general costs, provided such general costs and such interlocu- tory costs are between the same parties. When the officer shall omit to appoint a day for the purposes aforesaid, it shall be competent to him to grant to any party bringing in accounts an appointment to proceed on the same for the purposes aforesaid ; such appoint- ment to be underwritten as follows:-" On leavmg the accounts of &c. ; and take notice that you are reqmred to admit the same, or such parts thereof as you can properly admit." And when the party so notified sha refuse to admit the same, the like consequences shall follow, under the like circumstances, as are herein- before provided for. Sec. 4.— The officers are each to keep in his office a ^^^^^^^^^^^^ book, to be called the "Reference Book," In Avhich, iie^n-nee book upon the bringing in of any decree or order of refer- 32 cnco, ifl to bo entered, the style of the cauac the name oft'e attorney prosecuting the reference tho ,lato o 1 decree or order being brouglit in, and an entry of to nroceedin.. then taken, and the officer shall enter U re n fr time to time the proceedings taken be ore him and the directions which ho may give m relation to the prosecution of the reference, or otherwise. See 5.-N0 state of facts, charges or discharges . . ., u are o'be brought into the officer's office. But, when F^^ d rec ed copie; abstracts of, or extracts from accounts, to be supplied; and, where so directed, copies arc to bo cleZ'ed, as the kcer shall direct. No copies of deeds or documents are to be made where the originals can bo brought in, without special direction. a„c 6 -Where any account is to be taken, the . Mric nnless the officer shall otherwise A,.,.cuniin« , accountiug party is, unless tne o ^run'tKi" direct, to bring in the same m the form of debtor am ''''■ ' ''■ creditor, verified by affidavit. The items on each side oft a count are to be numbered conseaitive ly, and the account is to be referred to by the affidavit as an exhibit, and not to be annexed thereto. Sec 7 -Any party seeking to charge any account- bee. < . ivi \\„J. i,„ i.a3 in his account admitted When nc'.unt- ing party beyond what he has in nis a in« party i« °^ t„„„;vo<1 iq to civo notico tlicreof tothoac- (.ouRhttobo to have received, is to j^iv^ . , , ,1 „^„„f S\or--' counting party, stating, so far as he is able the amount so sought to be charged, and the particulars thereof, in a short and succinct manner. Se, 8 -Every reference appointed to be heard, as Boforcncestp,. , ^'^-^^ 2. of this Order pvovidcd, is to bc callcd ou =r.r 'ZlToLlo.l with at the day and time so fixed, unless the officer shall in his discretion think fit to postpone h le ; and in granting -y ^PP^-^-^;^^^^^^^^^^^^ the hearing of such reference, he may make such order Is to the costs consequent upon such postponement, as ^'/i -n ^ J)rOComay ^^^^t^ profits rcceivcd, or which, but for wiltul neglect or default, might have been received ; to set occupa- tion rent; totakc into account necessary repairs and lasting improvements, and costs and other expenses properly incurred otherwise, or claimed so to be ; and generally, in the taking of accounts, to inquire and adjudge as to all matters relating thereto, as fully as if the same had been specifically referred ; subject, nevertheless, to the revision of the judge upon appeal from the report. And it shall not be necessary to the taking of such accounts, that any of the matters afore- said should have been stated in the pleadings, or that evidence thereof should have been given before tho decree or order of reference, or that such decree or order should contain any specific direction in respect thereof. Where not utiitcil in the pluniliiiga. ...u«. U.U.. .. Sec. 14.— Under any order of reference witnesses reference, foreign '-'^ , . „ ■ f i.l,„ n,,,,,.*- r^f eonimuaion nwy j^^^y jjg examined before any cxammer ot ttie <^ouit oi Unilor order of reference, foreign ■<^ 35 Chancery; and upon the certificate of tlio officer to whom the reference is made forei<;n coinnuHrtionH may irtsuo for the examination of witnesscrt witliout tlio jm-istliction of the court, the officer is to bo at liberty to cause parties to be examinetl, and to produce books, papers and writings as ho shall think fit, and to deter- mine what books, papers and writings are to bo produced, and when and how long tliey arc to bo left in his office; or, in case he shall not deem it necessary that such books, papers or writings should bo left or deposited in his office, then he may give directions for the inspection thereof by the parties revith such variations as circumstances may require. gcc 16 —So soon as the hearing of any matter pending before the officer shall have been completed, Z^^^^' he shall so inform the parties to the reference then in nrr;;l^S. attendance, and shall make a note to that effect in his book, and after such entry no further evidence shall be received or proceedings had, without his special per- Hiission; but he shall proceed to prepare his report or certificate without further appointment, unless he shall see fit to make an appointment to settle the same, which shall in such case be served on the parties as he shall direct. So soon as the report or certificate shall have been prepared, it shall be delivered out to the party prosecuting the reference, or in case he shall decline to take the same, then, in the discretion of he officer, to any other party applying therefor, and a common attendance shall be allowed to the party taking the same. i ^ 37 Sec. 17.-Rcports become absolute, without order ^^^^^^^^^^_^^^ confirming tbo same, in ten days after the signmg a..,„t« i„ lo thereof, unless previously appealed from. An appea Ca.. shall lie to the judge upon motion ^vith^n ten days from the signing of the report, in respect of the finding of the officer upon any matter presented m his office or Ws decision, .vithout objections or except.cn.s bemg previously taken. The appeal motion may be made iy any party affected by the report ; a^d upon ^oti^« a^^^^-^v.^ thereof being served, all the proceedmgs before the,,,. offi'Sr, and all papers and evidence relatmg thereto are, at the instance of any party interested therem to be transmitted, in order to the same bemg produced in court, upon the hearing of such motion. Q„„ i« —Where accounts are directed to be taken, i,.„,ti„„,i„ or inuuLs to be made, by any decree or order, each-^- direction is to be numbered, so that, as far as may be - each distinct account and inquiry may be designated Ty a number ; and such order may be in the form set forth in schedule G., with such variation as the cir- cumstances of the case may require. a„c 19— When the judge shall in his discretion ^^^^.^,^,^ ^^^^^ think fit that such inquiries be made or accounts taken or .™«n.^^ Sre himself, he may give such special direeiions if .ua.. any, as he may think fit, as to the mode in which the acLnt is to be taken or vouched ; and in cases where he' shall think fit so to do, he may direct that m taking the accounts the books of account, in which the accounts required to be taken have been kept, or .J of them shall be taken as primd facie evidence of the truth of ' the matters therein contaned, with liberty to the parties interested to take such objections thereto as they may be advised. Sec 20.— An accounting party is to bring in his^^^^^^^^ account in the form of debtor and creditor, and verify .ro...unro.. the same by affidavit, unless the judge shall otherwise Mi: Hi I i 38 direct. The items on each side of the account arc to be numbered consecutively, and the account is to bo referred to by the affidavit as an exhibit, and not to bo annexed thereto, and is to be left at the judges' chambers. Ann mod,, of ro- • ^^^' ^^'~'^^y P^^*3^ Seeking to charge any account- ceedinb^thorra^ing V^^tj bcyoud what ho has by his account admitted to have received, is to give notice thereof to the accounting party, stating, as far as he is able, the amount sought to be charged, and the particulars thereof, in a short and succinct m tmer. Sec. 22.— In the taking of accounts before the judge he is to be at liberty to give such direction, as to the mode of proceeding, as to parties, as to costs and other- wise, as he may see fit, and as to him may appear to be just ; and in points as to which he may give no direction the mode of proceeding is to be the same, mutatis mutandis, as upon a reference. SALES OF PROPERTY UNDER THE DIRECTION OF THE JUDGE. XXXVI. Sales under any decree or order are to be conducted in the following manner : — (1.) No copy of the decree or order, or any part thereof, is to be brought before the judge, or into the master's, deputy-master's or clerk's office, but the original decree or order is to be used, unless the judge or officer require such copy. (2.) An appointment is to bo obtained from the judge or officer, and served upon all necessary parties. (3.) At the time appointed thereby, the party having the conduct of the sale is to bring before the judge or officer a draft advertisement, but no particulars or conditions of sale, or any draft or copy thereof. Salca under decree or order. 39 (4.) Such draft advertisement is to contain the following particulars, viz. :— 1st. The style of the ^f'li:'""""'"'' cause : 2nd. That the sale is in pursuance of the order or decree of the judge ; 3rd. The time and place of sale ; 4th. A short and true description of the property to be sold ; 5th. The manner in which the property is to be sold, whether in one lot or several, and if in several, in how many, and what lots ; 6 th. What proportion of the purchase money is to be paid down by way of deposit, and at what time or times, and whether with or with- out interest the residue of such purchase money is to bo paid ; 7th. Any particular or particulars in which the proposed conditions of sale difler from the standing conditions. (5.) At the time named in such appointment, the judge or officer is, in the presence of all parties served, or of such of them as attend to settle such advertisement, to fix the time and place of sale, to name an auctioneer, where ojie is to be em- ployed, and to make every other necessary arrangement preparatory to <^he sale, so that nothing may remain to be done but to insert the advertisement; and all the before -mentioned matters must be done at one meeting — namely, upon the return of the appointment, where it is practicable ; and no adjournment of such meeting is to take place, and no new meeting is to be appointed for the aforesaid purposes, unless it is unavoidable. (6.) The advertisement is to be inserted by the party conducting the sale, at such times and in such manner as the judge or officer shall have appointed at the meeting before mentioned. (7.) The judge or officer may fix an upset price or reserved bidding, where it is thought expedient, ^ fixed Upset price m»y I 40 ^^■ II without further order ; but this must bo done at the meeting before mentioned, and it must be notified in the conditions of sale ; the officer is to conduct the sale, where no auctioneer is employed ; the deposit is to be paid to the vendor., if pi'csent, or if not, to his solicitor, at the time of sale, and is to bo forthwith paid by him into court ; bid- dings need not be in writing, and all par ies, except the one having the conduct of the sale, may bid thereat, provided it be notified in the condi- tions of sale ; a written agreement is to be signed by the purchaser at the time of sale ; after the sale is concluded, the auctioneer, where one is employed, is to make the usual affidavit according to the practice of the Court of Chancery ; and where no auctioneer is employeil the officer is to certify to the judge to the sam. effect, but is to make no report allowing the purchaser in any case. Contrnct to he signed by pur- cliuer. Vi After 10 days, iul* conliraii'ii. (8.) Under" the printed conditions of sale is to be printed a blank form of contract in these words, or to this effect: " I agree to purchase the property (or lot No. — ) mentioned in the annexed particulars, for the sum of £ , and upon the terms mentioned in the above conditions of sale. {Purcliasers signature) " Witness." the purchaser is to sign one of these contracts and the affidavit of the auctioneer, or the cer- tificate of the deputy-master or clerk ; and a printed copy of the particulars of sale arc to be annexed to the contract so signed. (9.) The signed contract, with the printed copy of particulars, and affidavit or certificate annexed as aforesaid, is to be filed by the vendor's attorney ; and if such sale is not objected to within ten days 5 A S»y^ *. . - . .-- .- -^ ■*-*i-i««,»»,*-^*rf<*3^4«AWi*A*'«*iS^ita*Ng«^^ 41 from the time of such filing, it is thenceforth to stand absolutely confirmed. (10.) Such sale must be objected to by motion to the iudge to set aside the same ; and notice of such motion must be served upon the purchaser and the other parties to the cause. n 1 ) At any time after the confirmation of the sale, ^,^^^^^^^^ _^^^^^ the purchaser may pay his purchase money and u..n^«yu>on.y interest, or the balance thereof, into court, Avithout further order, but with the privity of the clerk, and upon notice to the party having the conduct of the sale ; and shall thereupon be entitled to be let into possession of the estate, and may then proceed, in the usual way, to obtain possession thereof; or, if such possession be wrongfully with- held from him, may, at his own expense, obtain an order against the party in possession for the delivery thereof to him. (12) When an inquiry into title has been directed „„j^ pf pj„g(,jj. hy the judge, the vendor is to deli^r an abstract i|-^^ of the title to the purchaser ; and if the purchaser does not object to the title, and obtain and serve an appointment to consider the same, within ten days after the delivery of such abstract, he is to be deemed to have accepted such title. At the time of serving the appointment the purchaser must deliver to the vendor a written notice of the objections to the title; at the time appointed a duplicate of such notice is to be brought into the judges' chambers by the objecting party, and such objections are to be argued before the judge, who is to allow or disallow such objections. (13.) The standing conditions of sale are to be those set forth in schedule H. attached to these orders. XXXVII.— The judge, in any stage of the cause, ar.^. the master, deputy-master or clerk, upon any F 42 iriwi^'^y' inquiry or takinr ■ r "oconnt brfore him, may obtain o^uiiX"*'^'^ assistance o • , -tants, merchants, engineers, *"^ actuaries or other l-: iific persons, in such way as he may think fit, the better to enal)le him to determine any matter in issue in any cause or proceeding, and may act on the certificate of such persons. EVIDENCE ON CLAIM PRO INTERESSE SUO. rroiiUtruKiuo. XXXVIII. — Any person who, according to the practice of the Court of Chancery previous to the 6th day of June 1853, might have moved to bo examined pro intercsse sua, may apply to the judge, upon motion, for such relief as he may think himself entitled to. Sec. 2 — Motions under this order arc to be governed by the practice prescribed by the XIII order, in rela- tion to motions for a decree. Sec. 3. — On heari ^ the motion, the judge, in his How prooeedoj discretion, may cither grant or refuse the motion, or with. . . , ' may give such dn-ections for the examination of parties or witnesses, or for the making further inquires, or for the institution of any suit or action, as the circum- stances of the case may require. Sec. 4 — When it can be made to appear to the judge that it would be conducive to the ends of justice to permit a notice for such purpose to be served for some day earlier than that prescribed by the XII. order, leave may be obtained for that purpose, upon an ex parte application to the judge in the manner pre- scribed by the XIV. order. Dacreo to admi- nisUsr estate may be made without claim tiled. MOTION FOR A DECREE TO ADMINISTER THE ESTATE OF A DECEASED PERSON, WITHOUT CLAIM FILED. XXXIX. — Any person claiming to be a creditor, or a specific, pecuniary or residuary legatee, or the 43 next of kin, or the heir, or a devisee, interested under the will of any deceased person, may apply to the deceased person. The notice of motion in such case is to be in the form or to the effect set forth in schedule I, and must be served upon the executor or administrator as the case may be, at least ten days before the day fixed for hearing the application. l^pt^i^ln'.. e «V. thereon. Upon proof by affidavit of the due service of such notice of motion, or on the appearance in person, or by his attorney or counsel, of such executor or admm- isLtor, and upon proof by affidavit of Buch o hei^ matter, if any, as the judge may reqmre tli« J^Jg^' ^ he think fit so to do, may make the usual orde [or U^^^^ administration of the estate of the deceased ^Mth such variations, if any, as the circumstances of the case may require, and the order so made shall have the force anil eff;ct of a decree to the like effect made m a cause between the same parties. The iudgc is to give any special directions touching the carriage or execution of any such order as, in h^ discretion, he may deem expedient; and m case of applications for any such order by two or more pc. ns, the judge may grant the same to such one oi moie ot be claimant/as he may think fit; and the carriage f the order may be subsequently given to such paity Inteiid, ami upon such terms as the judge may direct. Sec. 2.-An order for the administration of the estate of a deceased person may be obtained by In. executor or administrator, as the case may be, and all the provisions of the first section of this order are to « ■•wo*«-riMIA«W« 44 extend to applications by an executor or administrator under the present section. Sec. 3. — The costs attending the administration of the estate of a deceased person under the preceding sections of this order, are to be borne by such estate, unless the judge shall direct otherwise. INJUNCTIONS TO STAY WASTE, &c. XL. — The judge may, in his discretion, grant such Injunctions may • • .• . . ■, , be grunted. lujunction cx parte, or upon notice, and may, m a proper case, direct notice to be served for such day as he uuiy think proper, and order in the meantime an interim injunction. Sec. 2. — Tho injunction may be in the form set forth in schedule K., and there is to be a notice or memorandum in the margin thereof to the effect set forth in the same schedule. «f I How oi'dpr or Uncroe to Jjo enforced. PROCESS FOll ENFORCING DECREE OR ORDER. XLI. — If any party, who is by any order or decree ordered to do any act, other than the payment of money, in a limited time, shall, after due service of such order or decree, refuse or neglect to obey tho same according to the exigency thereof, the p.arty prosecuting such order or decree shall, at the expiration of the time limited for the performance thereof, upon filing with the clerk an afl?davit of the service of such order and of the non-performance thereof, be entitled, with- out further order, to a writ or writs of attachment against tho disobedient party ; and in case such party shall be taken or detained in custody, under any such writ of attachment, without obeying the same order or decree, tlien, upon the sheriff's return that the party has been so taken or detained, the party pro- secuting such order or decree shall be entitled, without ^) 46 further order, to a commission of sequestration against the estate and eflFects of the disobedient party. Sec. 2 — Commissions of sequestration are to be directed to the sheriff, unless some good reason exists to the contrary. Sec. 3. — Every order or decree, requiring any party to do any act thereby ordered, shall state the time after service of the decree or order within which the act is to bo done, and upon the copy of the order or decree which shall be served upon the party required to obey tho same there shall be endorsed a memoran- dum, in the words, or to the effect following — namely, " If you, the within named (here insert the name of the party) neglect to obey this order or decree by the time therein limited, you will be liable to be arrested by the sheriff, and you will also be liable to have your estate sequestered, for tho purpose of compelling you to obey the same order or decree, without further notice." Sec. 4. — The party prosecuting any decree or order for tho delivery of possession, upon filing with tlio clerk an affidavit of the service of the same, and of non-compliance therewith, shall be entitled, without further order, to a writ of assistance. Sec. 5. — Every person not being a party in any cause, who has obtained any order, or in whose favor an order has been made, shall be entitled to enforce obedience to such order by the same process as if he were a party to the cause ; and every person not being a party in any cause, against whom obedience to any order of the court may be enforced, shall be liable to the same process for enforcing obedience to such order as if he were a party to the cause. Sec. 6. — Orders and decrees for the payment of money may bo enforced in tho same manner as any 46 Computation of timii. roontlia. judgment of a County Court, on tho common law side of such court. COMPUTATION OF TIME. XLII. — When any time limited from or after any date or event is appointed or allowed for doing any act or taking any proceeding, the computation of such limited time is not to include the day of such date, or of the happening of such event, hut is to commence at the hcginning of the next following day, and tho act or proceeding is to be done or taken at the latest on tho last day of such limited time, according to such com- putation. Soc. 2. — When the time of doing any act or taking Montiid: lunar any proceeding is limited by months, not expressed by calendar months, such time is to bo computed by lunar months of twenty-eight days each. gcc. 3. — When the time for doing any act or taking any proceeding expires on a Sunday or other day on which the offices are closed, and by reason thereof such act or proceeding cannot bo done or taken on that day ; such act or proceeding is, so far as regards the time of doing or taking the same, to be held to be duly done or taken, if done or taken on the day on which the offices shall next open, Sec. 4.— Where, by these orders, a time is limited for making an application to the judge, any time during which a party is prevented by the absence, on circuit, of the judge, from making such application, is not to be reckoned against him in computing such time. REMOVAL OF SUIT INTO COURT OF CHANCERY. XLIII. — The application for the removal of a cause into the Court, of Chancery is to be made by motion in chambers to one of the judges of the said court ; and 47 • jW dVlltH ■mnvi^l from 1 •.!„« a^^»]\ ho of opinion that any „,„ in caso such jmlgo «^"^^!/'°; ^ ^,t,„,^«n,ittca»^ro\' plcadint^B, cloCUmCntH, or CVU .M.CC BhOUUl ^^^ oUan.r,. ,,„purpoclaintiff (or defendant, : 1 else ma/be) intends to appeal from the decree (or order) pronounced in this cause on or about l^c day of last, and has filed A\ith the clerk of the County Court a bond for the due prosecution of such appeal, with an affidavit of justifi- cation by the sureties thereto. 48 .s"n.ri,v to ... f '"'• -;~'^'''° ''^^'"'''ty t*^ ^« Riven on appeals shall, .iv..n. unless otherwise specially onlerc.l l)y the ju.lgo of the ,To^ ^7'1' !"' ''^ ''""'• *" *''^ '•''«P"n«l^-"t in the su.n of X-0 wh.ch bon.I shall be oxecutclhy the appellant or appelants or one <,f them, an.l l,y two sufficient sureties (or .f the appellants or appellant bo absent from Upper Cana.la, then by three sufficient sureties), unci the con.ht.on thereof shall bo to the effect that the appellant shall an.l will effectually prosecute his appeal and pay such costs and damages as shall bo awan ed m case the decree or order appealed from shall be affirmed or in part affirmed. The bond may be in the form set forth in schedule M. Sec. 8.-Tho parties to such bond as sureties shall 'holdei or freeholder m Upper Canada, and worth the sum mentioned in such bond over and above what will pay and satisfy all his debts. Sec. 4.-.Such bond shall stand allowed, unless the pofeffr respondent shall, within ten days after service of the notice required by the first section of this order, move the judge to disallow the same. Sec. r,._The petition of appeal shall be filed in the rrj'^'" f'' ^^*^'« registrar of the Court of Chancery within five weeks from the day on which the decree or order appealed from shall have been pronounced, an.l a copy thereof, together with an appointment for the hearing of the appeal, to be obtained from the Court of Chancery or a judge thereof, is to bo served upon the respondent,^ his attorney or agent, at least three weeks before the time appointed for the hearing of the appeal ; the time to be appointed for the hearing of the appeal 18 to be not more than five weeks from the day of filinjr the petition of appeal, unless the court or judge making such appointment shall think proper to appoint a more 'Wt. < 49 distant time, un.ler tho circumstances. The petition of appeal nhall bo in tho form or to tho cflcct act torth in Bchedule N. Tn what ciwci Sec 6 —The appeal and tho perfecting tho aecurily ^.Xi'-' '"'■ * • 1 ^ 11 iHTurlty will thereupon Hhall «tay proceediuK^ m the court ^I'P*^'|^ «' -.y {.n^..a. from in tho following cases, upon tho terms provi»le(l,^,„„. in respect thereof, that is to say : (1.) When tho appeal is from an order or decree directing the payment of money, unless the party appellant shall have further given security t.» the satisfaction of the judge that if tho decree or order or any part thereof he affirmed the appel- lant will pay the amount directed to bo paid by the decree or order, or the part of such amount as to which the same shall bo affirmed, if it be affirmed only in part, and all damages which shall bo awarded against tho appellant on the appeal. (2.) Where the decree or order appealed from directs the assignment or delivery of documents or personal property, the execution of the judg- ment or decree shall not bo stayed by tho per- fecting of the security hereinbefore firstly required, unless the things directed to be assigned or deliv- ered be brought before the judge or placed in the custody of such officer or receiver as the judge shall appoint ; or, unless security be given to the satisfaction of the judge, and in such sum as the judge shall direct, that the appellant will obey the order of tho Court of Chancery on the appeal. (3.) Where the decree or order appealed from directs the execution of a conveyance or other instrument, the execution of the order or decree shall not be stayed by the appeal until the instrument shall bo executed and deposited with tho proper officer of the County Court, to abide the judgment of the Court of Chancery. 50 (4.) Where the decree or order appealed from directs the sale or delivery of possession of real property or chattels real, ^hc execution of the same shall not be stayed, imless proper security be entered into to the satisfaction of the judge, that during the possession of such property by the appellant ho will not commit or suffer to be committed any waste thereon ; and that if the decree or order be affirmed, he will pay the value of the use and occupation of the property from the time of the oppeal until the delivery of possession thereof, the amount of which said security shall be fixed by the said judge. (5.) When the decree or order is for the sale of property, and the payment of any deficiency arising upon the sale, the security shall also provide for the payment of such deficiency. In the cases above provided for, proceedings in the County Court shall not be stayed except upon the order of the judge, which he may grant ex parte or upon notice, as he may see fit. In other cases proceedings arc not to be stayed except by order of the Court of Chancery or a judge thereof, to be applied for by motion, and to be granted by such court or judge ex parte or upon notice, and upon such terms as such court or judge may think proper. Sec. 6. — Upon the perfecting of the security for the appeal, it shall be the duty of the County Court judge, at the instance and at the expense of the appellant, to cause the pleadings, evidence and documents filed or deposited in his court, to be transmitted to the registrar of the Court of Chancery by mail or other- wise, as he may think expedient, provided that if the parties consent that any documents be not sent to the ^. 51 Court of Chancery as being not material to the matter appealed, it shall not be hia duty to transmit the same ; and in case ho shall be clearly of opinion that certain documents are not material to the matter appealed, and that for any reason it is inexpedient to transmit the same, he may, instead thereof, certify his reasons for not transmitting the same : unless docu- ments are retained for either of the reasons above set forth, the judge is to certify to his sending all the pleadings, papers, evidence and documents filed and deposited in his court. XLV.— The foregoing orders are not to affect the ^^_^^^^ ^^^^_^^ _^^^ course of proceeding pointed out in the County Court to aireccthe^ Equity Extension Act for the conduct of suits ii^'^^^Z'Z,,,, County Courts, or in relation to the removal of causes «t.tut«;-^J;;-^ therefrom to the Court of Chancery, or in relation to the appeals from such County Courts or otherwise, except in so far as the provisions of the said act may be inconsistent with the said orders. I to Sec. 2. — In any matters not provided for by the Reforenci! ''^ •' . . p T practice of Court said act or the foregoing orders the course ot proceeding of chauccry, ° o o_ „ -when not pro- shall be the same as m the Court of Chancery torvidedfor. Upper Canada. XLVI.— It shall bo competent to the judge in any ^^^^^ ^^^ ^^. case in which he shall deem it right so to do to extend t^-^«™^->^ (2.) Words importing the masculine gender include females. (3.) The word " person" or " party" includes a body politic or corporate. (4.) The word "affidavit" includes affirmation. (5.) The word " legacy" includes an annuity, and a specific as well as a pecuniary legacy. ((3.) The word " legatee" includes a person interested in a legacy. (7.) The expression " residuary legatee" includes a person interested in the residue. (8.) The word " order" includes decree and decretal order. (0.) The word "county" imports the county or united counties in the County Court of which the cause may be pending. (10.) The words " County Court" import the County Court of the county or united counties in which the cause may be pending. i lid * « 53 (11.) The word "judge" imports the judge of such County Court. (12.) The word " clerk" imports the clerk of such County Cou^t. (13.) The word " schedule," with a letter following such word, refers to the schedule designated by su ^h letter following these orders. WHEN THESE ORDERS TO COME INTO OPERATION. XLIX. — These orders arc to come into operation whon thnee and take effect on the first day of February 1854. fnto opSon. WM. HUME BLAKE, Chancellor. J. C. P. ESTEN, V. a J. G. SPRAGGE, V. 0. SCHEDULE A. FORM OF CLAIMS. 1. By a legal or equitable mortgagee, or person entitled to a lien as a security for a debt, seeking foreclosure or sale, or otherwise to enforce his security. In the County Court of the County of ■ - Equity side. A. B. "i {enumerate all tlie parties and > plaintiffs) Plaintiffs. C. D.j and E. F. ") {all parties defendants) and > Defendants. G.H.j A. B., of the township of in the said county, states that under and by virtue of an indenture {or other document) dated, &c., and made, &c., {and a transfer thereof, made hy indenture, dated, ^e., and made, ^c.,) the said A.B. is a mortgagee {or an equitable mortgagee) of {or is entitled to a lien upo7i) certain freehold property {or leasehold or other property) therein comprised, being {insert a general descrip- tion of the property), for securing the sum of £ and interest; that the time for payment thereof has elapsed; t}iat £ has been paid on account of principal, and £ . on account of interest {or that no sum has been paid on xccount of either principal or interest, or otherwise, as the case may be) ; that the said A. B. has not been in the occupation of the premises, or any part thereof, {or that the said A. B. has been in the occupation of the premises, or some part thereof from the day of in the year to the day of in the year ) ; that there is now justly due upon the said security for principal £ , and for interest £ . That E. F. and G. IL, the defendants hereto, are entitled to the equity of redemption of the said mort- gaged premises {or the premises subject to such lien). The said 'mit 56 A. B. therefore claims to be paid the said sum of £ -- - and interest, and the costs of this suit ; and in default thereof that the equity of redemption of the said mortgaged premises may be foreclosed, {or that the said mortgaged prennses mag he sold, or that the premises subject to such lien may he sold, as the case may be, and the produce thereof applied m or towards the payment of the said debt and costs ; and that the said E. F. and a. H. may be ordered to pay the balance of the said mortgage debt and costs, after deducting the amount realized by such sale), and for that purpose that all proper directions may be given and accounts taken, {and Jm further reUef), and the said A. B. avers that the said dofen- dants reside in the said county of 'J By a judgment creditor, who has registered his judgment, seeking a sale or otherwise to enforce his charge or hen. In the County Court of the County of- A. B and CD A. B., of the township of states that in term, in the _year Equity side. Plaintiff. . Defendant, in the said county, , the said A.'b. (or a. m, late of deceased, of whom the said A. B. is the executor, or administrator or assignee, under an assignment, dated, ^c, and made,<^c or ofj^me executor or administrator, or administrator de boms non, the said A. B. is the assignee under, ^c.,* ) recovered a judg- m nt in the court of against C. D., the defendan herein named, for the sum of. in an action heretofore brouc^ht against the said C. D., which judgment was du registered in the registry office of the county of — o tht - day of , at which time the said C D had divers lands, tenements and hereditaments in the said county; and that the said C. D. is now the owner of th same lands, tenements and hereditaments, subject to the said * The character of the plaintiff must be described without detailing the transactiouB whereby he acquired such character. on '.' 'if ■ 'I 66 judgment Tho said A. B., therefore, claims to bo paid the amount of the said judgment, together with interest thereon and his costs of this suit ; or in default thereof that tho said ands, tenements and hereditaments, or a competent part thereof, may be sold for tho satisfaction thereof, and the proceeds of such sale applied accordingly; and for that purpose that all proper directions be given and accounts aken. A a the said A. B. avers that the said defendant resides in the county of — . 8. By a person omilled .o rodcom any property s„bjec. to In the County Court of the County of - Equity side. Plaintiff. Between A. B and AT, 1 , Defendant. A. B of the township of in the said county states that under and by virtue of an indenture (Jo?/!; document), dated tho day of . a \ between {parties^ ^and t^e assurance kereinafter'Znt^X that IS to say, an indenture dated the day of 1 the will of~- dated the day of 1 ) he sa.d A. B. is entitled to the equity of redemption o certain property therein comprised, being (/,..,. describe thejro,erty shortly) which was originally' irt^ag d pledged) for securing the sum of £ ^ , interest and that C. D., the defendant hereto, is now W virtue of the said indenture, dated the ^ dly of _! {and of subsequent assurances), the mortgagee of the said property (.. holder of the said lien), and Entitled to to principal money and interest remaining due Upon the mort! gageK_^..); and the said A. B. believes tha't the amount of the principal money and interest now due upon the said mortgage {or lien) is the sura of ^ . ^/.i,„ I T an., ho Las .ado/an application to ^^^-Tc'D'Tr ^ ' the Ba.a sun. of 4 . ^j ^, ^^ j^.,^ ^^^^T^ 61 him, and to rcconvcy to the said A. B. the mo: ,|aged property {or property subject to the said lien) upon payment thereof, and of any costs due to him in respect of this security; but that the said C. I), has not so done, ihe said A. B. therefore prays that he may be let in to redeem the said mortgaged property {or property subject to the said hen), and that the same may be reconveyed {or delivered up) to him upon payment of the principal money and interest, and costs due and. owing upon the said mortgage {or lien), and for that purpose that all proper directions may be given and accounts taken; and the said A. B. avers that the said defendant resides in the county of A. ^\ 4 By a person entitled to an account of the dealings and transactions of a partnership dissolved or expired, seeking such account. In the County Court of the County of -— Equity Bide. Between A. B and ^ „ I ^ p -pv Defendant. A. B., of the township of states, that from the in the said county, jjj^y of down to the day of he and C. D., the defendant • in hereinafter named, carried on the busmess of co-partnership, under certain articles of co-partnership, dated the day of , and made between {parties), or under a verbal agreement made between ti; said A. B. and the said C. D., or through their respective agents {E. F. and a. H.) on the -—day of _1 and he says that the said co-partnership was dissolved [or expired, as the case may be,) on the day ^j . The said A. B. therefore prays that an account of the partnership dealings and transactions between the said A. B. and the said C. D. may be taken, and the affair and business of the said partnership wound up and settled u B !■ 68 under the direction of this court, and for tliat purpose that all proper directions may be given and accounts taken. And the said A. IJ. avers that the joint stock or capital of the said co-partnerseip hath not at any time exceeded the sum of ^£200. And the said' A. B. avers that the said defendant resides in the said county of A. T). By a person entitled to the specific performance of an agreemeiit, for the sale or purchase of riny property, seeking such specific performance. In the County C> art of the County of Equity side. Between A. B Tkintiff. and C D Defendant. in the said county, • day of A. B., of the township of states, that by agreement dated the ■ and signed by C. D., the defendant hereinafter named, the said C. D., contracted to buy of the said A. B. {or to sell to him) certain freehold property {or leasehold or other property, as the case may be,) therein described or referred to, for the sum of £, ; and that he has made or caused to be made to the said C. D. an application specifically to perform the said agreement on his part, but that he has not done so ; the said A. B. therefore prays that the said agree- ment may be specifically performed, and for that purpose that all proper directions may be given ; he, the said A. B., hereby offering to perform the said agreement specifically on his part. And the said A. B. avers that the present value of the said property does not, in his judgment and belief, exceed the sum of ,£50 ; and further, that the said defendant resides in the said county of A. • 69 6. Claim for the specific performance of a parol agreement partly performed. In the County Court of the County of Equity side. A. B Plaintiff. and C. D Defendant. in the said county — day of , he, the said A. B., of the township of • states that, on the A. B. being seised in fee simple in possession {or otherwise, m the case may be; or C. D., the defendant hereinafter mentioned, being or pretending to be seised in fee simple in possession, (j-c., as the case may be,) * of lot number the said A. B. and C. D. entered into a verbal agreement for the sale and purchase of the said premises, at or for the price or sum of £ payable by equal annual instalments, with interest, upon the payment whereof a proper conveyance was to be executed of the said premises, free from incumbrances {?iere state acts of part performan'ce, as) that the said A. B. or the said C. D. was accordingly admitted, and entered into possession of the said lot, and has continued in possession thereof ever since, and is still in possession thereof, and has made divers and considerable improvements thereon, and has paid the sum of £ ■ part of the said purchase money : and the said A. B. submits that, under the circumstances aforesaid, the said agreement has been partly performed, so as to entitle him to a specific execution thereof, for which purpose he has made frequent applications to the said C. D., but without effect. The said A. B. therefore claims that the said contract may be specifically performed by the said C. D., the said A. B. being willing and hereby offering to perform the same in all respects on his part, and that he may have such further and other relief, &c. And the said A. B. avers that the present * If either party Alls n representative character, say that the said died on the day of , and the said is his executor, or administrator or heir-at-law. :*' -» I 60 value of the said property docs not, in his jiulgmont and belief, exceed the sum of .£50 ; and further, that the said defendant resides in tho Bai, faith. To C. D., of the township of , his servants, work- men and agents,, greeting : Whereas It has been represented to our judge of our County Court of the County of on the part of A. B., of the vH ^ 67 township of in the said county, that y. arc com- raitting waste {or trespass, as the case may he) in ud upon certain property wherein the said A. B. is interested as set forth in his certain claim and affidavit filed in our said County Court on behalf of the said A.B. We therefore, mcon- sderation thereof, do strictly command you, the said 0. D. and the persons before mentioned, and each and every ot you, under the penalty of five thousand pounds, to be levied upon your lands, goods and chattels, to our use, that you do absolutely desist and refrain from cutting down, removing or destroying any timber or other trees, growing or being upon lot j^o in the concession of the township ot • in the said county Witness E. F., Esquire, judge of our said County Court, this day of 185 , and in the year of our reign. Plaintiff's attorney. This injunction will remain in force for one moMh from the date hereof, unless sooner dissolved on an application to the Court of Chancery at Toronto, but the injunction may be extended and the suit fm-ther prosecuted to judgment or otherwise in the said Court of Chancery. < «w ^ SCHEDULE L. In Chancery. In the matter of the suit of A. B. V. C. D. in the County Court of the County of A. I A B. of ? the above named defendant, {or attorney or agent of the above nar>ied defendant) make oath and say, that {state shortly the grounds upon which th,, removal of the cause is sought), and further, that the removal of the said cause is not sought for the purpose of delay, or ol increasing the expense of pro vUng the said smt, or for any vexatious or improper purpose whatever; but because in M 1 ' i 68 iny judgment and belief, such removal would be conducive to the ends of justice. Sworn, &c. SCHEDULE M. BOND TO UK GIVKN 1$\' APPELLANT. Kno^Y all men by these presents, that \vc. A, B., of &c., C. D,, of &c., and E. F., of &c., arc jointly and severally held and firmly bound unto G. II., of &c., in the penal sum of .£ of lawful money of Canada, for which payment to be well and truly made, wc bind ourselves, and each of us by l.'msclf, our and each of our heirs, executors and adminis- trators firmly, by these presents, scaled with our seals, this day of , Whereas {the appellant) alleges and complains that he is aggrieved by a certain decree (or order) pronounced by the judge of the County Com-t of the County of made on or about the day of last ; wherefore he desires to appeal therefrom to the Court of Chancery. NoAV the condition of this obligation is such, that if the said {the appellant) shall effectually prosecute his appeal and pay such costs and damages as shall bo awarded in case the said decree {or order) shall be affirmed, then this obligation to be void, otherwise to remain in full force. SCHEDULE N. FORM OF PETITION OF APPEAL. In hancery. In the matter of the suit of A. B. V. CD. in the County Court of the County of . To THE Honourable the Judges of the Court of Chancery. The humble petition of the above named {appellant,) shcweth : That a decree {or order) was lately, and on or about tho day of last, pronounced by the judge of t iltHSm-r' I . -- 9 69 the County Court aforesaid in the above named cause, whereby he feels aggrieved ; and he here])y appeals therefrom, and humbly prays that the same may be reversed or varied, or that such other order or decree may be made in the premises as may be just. And your petitioner will ever pray, &c. I # Jt w^^wrw* ^-'t- \ f% \ ! n INDEX TO GENERAL OUDEP.H (FOR COUNTY COURTS) ov DECEMBER, 1853. PAOi!. AHATKMENT- . How suit revived m case ot ACCOUXTANTR. Ac— Judge or officer may obtain assistance ol., 5 42 AOCOUNTS-^^ may order reference to take ; and mode of proceedhig ^^ thereon "" ' \,^ May bo taken before judge ' Form of bringing in ■; See also <' Reference." ADVEttTISKMKNTS— 33 For creditors 35 AFVIDAVIT- ] Intituling jy .Jurat of ir I'roof of exhibits by ,'. Piirticular facts may bo proved by "•■".••;'p";"" VliiJ Witness maldng, subject to cross-examination, of which torty-eiglit hours' notice to be given • ^„ To be in first person ^g Ollierwise no costs Must be read over to deponent Must be filed when notice of .notion given . Copies of, how obtained AMENDMK^^-^^^ obtained on proecipe before answer ^ " need not be served in certain cases ^ «< to coiTCct error in names, &c ^ " may be granted by judge at any time ^ " how such obtained * Must be made in two days ^ In case of misjoinder " 18 28 28 ANSWER— Form of • •• •••. j Must be made within ten days after claim served Must be sworn to unless by consent •••••• Relief may be granted to defendant upon case made by Supplemental may be pevmittcd by judge « When to be deemed filed ••■ • Without oath ov Higuature by consent, without order » APPEAUANCE- Not to be entered in any suit APPEAL From Reports, to lie made in ton days. To Court of Chancery How proceedings stayed on .47. 87 50 40 72 ARQUMENT— PAOZ. Of demurrer, when to bo hoard CAUSE— ' State of, to bo certified CLAIM- 33 Contents and form of To bo filed with clerk - Jfodc of service of - Must sliew case wltliinyurisdiiVioVroTcouniv Coiirt 'Z Prooeed.ngs to take claim ;>,•« con/mo .T^ i When and under what eircmstances maybe dismVs^ed";;; 14 COMMISSION- Soeolso "Amendment." ciiancSyT™"" '''*""''''' ""^ ^' '««"'^'> 21 Court of, removal of suit into Appeals to 40 ciiAKOK- ^''"""°' '^' *" eoveni'in cemin •;;;«;;;::::::::::;:::::::;;:::: tl State of, &c., abolished CONDITIOX— 32 coNTEm?- °'*''°'' "P""' '"^'"'' '''°'"'''^'^ ^^' Porfomed oo COSTS-''""'' "^"""^ *° ""^"'^ *° ^° '^'''^^'^ ^'^y b« punished for... 20 Of affidavits, when not allowed Of creditors in proving claims '^ nnTTv^.!;^^^'""''"^^ ^^"^^ ''<^' ^"s^^^y written' r.'.'.".:".;;;;: i* Need not sign pleadings, &o. . CnEDITORS- 2 Advertisements for Costs of, in proving claim's ^'^' "'^ CllOSS-EXAMINATION- 34 Of witnesses making afndavits See also "Witnesses." ^'' nECRKK— ^xpirT.. ..f"".."!. ^^ ' ''"'' *""•' ^'' '^"^'^"''•S 1"^« Notice thereof to bo semd'iVn 'd'^i;;"!;;}-;",:; moUou*" ]^> What evidence to be used thereon..... U Whatjudgo may do thereon ... ^'' ""'^^r^!!!::! "!!:°::.!: '" "^^^^^ '^^^0' «;;;;• -ior ■a^;we;i;;g '' Carriage of 13 Directions in, to be numbered ^^ Process for enforcing.... 4-' '^'^ For payment of money, ho'wenfo'rced". ■.'.'.■.■ '*^' j^ DEEDS AND PAPEUS— 45 Order for production of DEPENDANT- ^"" "''" " ^'•=>'J«««On of i^O^nte.'" " DEMAN^'^ "''"" "'"'^"* ^''™« ''^ ^"^^ "'^'l^ by answer 8 Whcnjoint and several, who need bo made defendants 4 73 PAOl. '"'""'' MuhT 1)0 filed within ten (lays '"','.'.'.'.... 7 Whi'U to 1)0 iiriiuuil '"'"'''^Icn'-Xmlor ^vl.at circumstances order for. may Do oDtuinol U Mi.sj(.indt;r of pliviutilVa not a gruund for nnPlTMFNTS • 1^' Order for production of, on prcccipe ;■;;.; ■;.;■.".'.■.. '»'' Service of VT ■■■,"■ "i! -'"' Mode of transmission ot, to cierK ESTATB 1 '' Accountofdecedsed persons .........■•■•• 42 Uecrou to administer witliout claim Ulea EXAMINATION— . 10 to 21 Of parties as -witnesses ../..... ••:;••••;;••;; ' See also " I'sirtics. FXIITBITS . ^" May be proved by affidavit FACTS, &c.- 552 State of, abolished '^^'TZ^l^^'^^^St^^^y be ordered to be *lolivered_ ............ ^ Sale may be ordered ••. 0} And balance ordered to be paid.. V ■"■";■"♦■,'," and ordered to Surety for mortgage debt may be made party t'^'^"^;' ^y';;;;^_ .24 Wl.erb;ougbrfori:n;taim;nV";7ln;;:e;^rFoc^^ '""y ^•'l 24 stayed on payment of amount due with costs •••• ^4 On subsenuent default, decree may be c"'^o'^c«''"-";";"; 25 Proceedings on motion for decree after entry pro confesso •'"^"'"K be issu^lo examine witnesses ^1 OENEUAIi ORDERS (for County Courts)- 51 Effect of •, 53 When to go into operation GUARDIAN j«/) i'T&V- <1 llow appointed INTEUPRKTATIIj — f>2 Of orders ISSUE— . ^* When cause at ''^'^'rc^7^:'^^:t'^or..uM.n,..i. ' ■'^™*' Accounts may be taken before • "'""'!"^"Z 38 Sales of property binder direction ot •••• gg May fix upset price 12 May be applied for by either party iirr«aoiNDRROFl'l'AlNTTFi'S- . . . 22 >"^%" t to 1,0 ground for dismissing claim MONEY- ^^^^^^ of, in and out of court ";-;;;; 45 Order for payment of, lunv enforced To mean lunar month K 7^ PA OR, MorroN- For (Incrco after timo for nnsw i u, ]2 Miiy l)u iioriiiittoil btlinu iimo for iiii.iwiTiii g cxpirol 13 WitiK-ssfs cotiipclled to iittimil to kWc cvidenco on 18 Notice of, may ho Borved at any time after claim filod U8 Spo also " Dkokkk. " N0TICK8 OP MOTION— May 1)0 givon by either party, after claim filed 'Jh Two days requiitid ^8 AdinisHion of Horvico of on attorney, need not he verified...".'.'..'.".'.., ils Aflidavits on which notice f.-unded to hi" filed when notice given U8 Co])ies of, how obtained 28 OUDEIl- Orantcd on condition, waived if condition not performed 2'1 Of course, obtained on proccipo 27 For production of documents, obtained on proccipo 11 Process to enforce obedience to 44 45 Uencral Orders, effect of !"."."..........." ' 51 Look to be kept by clerk '....".!'.." .'." 61 Kntry of, in book .'."!!!!!..,..'.. 61 For payment of money, how enforced ........!!..."!!!."... 46 I'AUTIKS— No objection for wmit of, in certain cases ;( Judge may re()uirc ])ersons to bo added as ;! How added, and efl'ect of ".","," ;) Tiustecs of real or personal (istate shall represent those interested ;i When demand joint and several, who need be 4 Rights and liabilities of, extc-nd to lopresentativcs 10 May be examined as witnesses under certain circumstances I'J Refusing to attend, may be proceeded against lor contempt or claim taken as confessed 20 Wlien under examination, and admitting documents to be in their " possession, may be ordered to produce them 20 When a portion of examination used whole may be put in by other fide 2I To en lorse names on pleadings, &c., when no attorney in suit' .'.'. li.j When residentmore than tlireo miles from office, to have address for service 2 10 10 .... 10 10 20 WIOUUCTION OK DOCL'MKNTS— . . Ordcicil on piwcipo ••••;•• ••— • Affiiluvit to lie miiilo liy r'n'y H«rvo.l with order for 1 1 Onlur lor, iieeil not lie iicrn.nmlly sTved. May 111! ovdereil at jury trial ■ ••■•••• May lio urdercd when party on examination admits thein to bo in his posuuHsion 11 112 VJ. PRO INTKUK8SK 8110- . , . . Mode of prooeedinf; with examination IlECKIVKR- . , . • 1 » in May 1)0 ordered by judge in pronowncmg decree JU Mode of appointment of -' ' Or foreclosure, in suits for, possession may bo ordered to bo _^ '!t?liverod To take accounts, may be ordered by judge, and mode of pro- '2;i ■^' oeeding Officer to keep "Refennce Hook" .•■•. Accounts to lie brought in in the form of Dr. & Cr No state offsets to bo brought in •••••••••••• When accounting pinty sought to h further charged, notice to bo given To be proceeded with (h die in clien. Mode of taking accounts, although Foreign commission may issue IIESIOVAL— Of suits into Clmncery How proceeded with HKl'OUTS- '>f officers, bow to be made hsohite in 10 days Uinhts and liabilities of parties to suit extend to their , REVIVOR— In case of abatement of suit SAtE.S- 20 ;u 32 82 a2 I stated in pleadings 34 ,.. 84 4(5 47 34 37 10 Of property under direction of judge 38 to 41 Upset price may be fixed 3'J 10 SEQUESTRATION— May be directed by judce in pronouncing decree BKRVICE— ., Of claim, mode of • v; I","" " Address for, when part., cts in person and resides more than three miles from offii ^^ Admission of, on attorney ul SCIENTIFIC J'HUSONS— Judge or officer may require assistance ot STATE OF FACra, Ac- None to be brought m. d not bo verified 28 42 32 I I 7(i rAiiK. Si'nTK Of I'lUKlKKlUMlH— T(i ho (M-rtitiod '•' HTAVINU Hlt(K!KKli|N(IM— On iiviKMil to ("ourt of CImnccry 'tJ Btll'l'r,K\lKNrAI, ANHWKIl— May l)c pcrmittcilby JuiIro " HUllCltAUilI':— MiMlcof ">-. "S TiMi;— (.'oniputiition of '>•' .Mciiitli iiiwiiis liiiiur imititli *"' ilxtoiiHion of, for doing any act, &i! ^'^ TITI-K- ln(|uiry into '" TIIANHMISSIOX— . Of ptiiicrs to clerk, moilo of -" IKl'STKKS- To roprcHoiit parties bonofirally interested » WITNES,SK8- . . ,...,<., . , , MuitinK iifliilavit nubjvcttn criMs-cxniiiinatiDn, ot which lorty-cinht hours' notice tn Jic piven to opposite party 10 When (liey reNiile witliuiit llio county, how croH«-cxnniination to lie procured 1" Or cviilence olitaiiieil at jury trinl 17 May lie compelled to attend to Rive evidence for tin- purposes of a nidtion, of whicli l(irty-eij;lit liours' notice to lie given to ojiposite ])nrty 1^ May be oxuniined \inder foreign commission 21 I tl J 16 VICTORIA, CHAP. CXIX. Av jUi to eonfer E>,ulty Jnrl>^didion upon the several County Court, in Upper Canada, and for other purposes therein mentioned. ^^^^^^^^^^ ^^ ,.,^j ^^^^^ ^j,,,, ^ WHERE \S it is oxpclicnt to extend the j""»'^'«t'«'^ ^^'' i,,,,,„,, the .evoral County CourtH in Upper Canada to certain matters coffnizaWo in the Court of Chancery of Upper Cuaada : Be it therefore enacted hy the Queen s Most Ji^xcel- hMit Majesty, byand^vith the advice and consent of the Lc-'isUitive Council an.l of the Legislative Assembly of the rrovinco of Canada, constituted and assembled by virtue ot and under the authority of an Act passed in the Tarluunent • of the United Kingdom of Great Britain and Ireland, an. intituled, An Act to rc^cnUe the Provinces of Upper and Loiver Canada, and for the aovernment ./ Oanad