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BY WALTER HARWICK, M.A., »\KkI> IKK-AI-IAW. TOKOX'I'O:- WILLLNG c\: WILLIAMSON. 1881. kr C i7 } TABLE OF CONTENTS. PART I. PAi; 1-3 3- » S, 9 9 — 12 12 «3 WkIT OI SfMMONS Service of Writ l\ene\vai of Writ Al'I'PARANCK, Disci.oMRi;, liy Solicitors or Plaintiffs A.mi:ni)Mknt ok Wru Ji'ii(;mk.m- in Dki Ati.i ok Api-earanck 13— '7 judcmknt i'ndkr order lo i7 Sf. itim; Asidk Udcmknt hy Dk.kaui.t 20 Statkmknt ok Claim 20, 21 Dismissal kor Want ok Prosfxution 22 Dkkkniian r's Ari'i.icATioN kor Particulars 23 JiixiMKN'i for Want ok Dkkencf, 24, 25 Payment imo Coirt iikkoke Defence 25, 26 I'avmknt oi- 1 10 Plain I IFF 26 S lAl F.MENT OF DEFENCE 27—29 Set-off ok Counter-Claim 29 discoykry and inspection Preliminary Kxaniination of Parties 31 — 33 I )iscovery ns to Documents ^^ — 37 Amendment of Statement ok Claim, Defence, or Reply 37. 3* Amendment (-.enerally 3S, 39 Kei'i.v 39,4a De^'.urrer 40—43 Closeok Pi.eadinc.s 43, 44 Issi'Es 44 Application to Change Place ok Triai 44. 45 Notice ok Triai 45- 46' Entry kor Triai 46 Withdrawal aki er Entry for Triai 46—48. Notice to Prodlce and Inspect 4& iv. T.MU.E OK CONTENTS. Admission ok Doci'mkms 4^ Tkiai 49—5^ MimoN FOR Nkw Triai 52 54 |i im;mk.n r, Km KY oi' • 54 S'^ NoNsun 55 KxKcuTioN 5t>— IN<; C.ENKRAII.Y 71-78 CoNKKsSSON OK I )KKKNCK 7^ Ciian(;k ok I'artiks iiv .Markiahk, 1 )i.ath, ..Vr 7S DiSCONTINUANCK 8o. Si Qi'ESTiONs OK Law : Spkciai. Cask S^, Sj EVIIIKNCK (iKNKRAI.I.Y Sj— 85 KyIDKNCK HV AKKlDAYir 85 Motion kor Judcmknt 87 — 91 ArPl.lCATIONS IN CHAMKKRS 9'. 92 Note 93 -69 -78 78 OUTLINl': OI' AN ACTION UNl>r,K I UK ONTARIO JlDICATlRli ACT. All !lctit)iis iiiid suits irliidt litirr IiHIk rtn lirni nun iiniiral l»y writ ilia Superior Cuurt of CoiniiKHi liuw, or l»v lull or infoniifition in ('Iuukv i\, an- to Im- couinionecul by WRIT of Summons. f/.vA.si,:)j May III' issut'cl in Toronto or in any ( 'ounty f'/i'/'A 20). To lie prepared l>y plaintiff or liis solicitor ( Unlr 'l'.\). Costs oeeasioned liy um- of nioi'e prolix forih of wi'its or indorsements than those preserihed are to he horno hy party usinn- same, unless Court shall otherwi.se direct (Uidr ({). To hear t or li(|uiilatMl ileniuml only ( Hnh 14/ o. In cases (»f li(|ni(latt'tl " another place not more than 2 miles from such office to be caller .sirrnc ; If ]io such en).] Not essential to state ]irecise ground of complaint, or precise remedy or relief .sought ; but plaintiff may amend so as to extend indorsement to any other cause i 1 ; : ■' I TlIK ONTAHIU .UDirATlH!: Aiitiiiiirii. H of action (»r aiiv Mv leave (•f Court or .]\u\iM'ar!i!i('r in j iHNiifiiicc ol' his irrif/rn miih'rtaUiii;^ ( A'"/' (iO). WIitTi' sci'v ice is iciiuiri'd, the writ is to lie sitnciI ill tlic iiiniuicr in wliicli scrNicc ',vas cM'cctfil, wIhtc tliiit is piactiiMMf : \\lifri' ])fi'siiiial >i'r\ icr is rt'i|Mircliv to rUrct ]»i'nni|)t jMasonnl s('r\ici', the ('((urt. or .In'l^'c laay make an onlcr for .siilisfl/ii/ri/ or otlicr M'ricf. or for sul»stitutioii of notico ^'la- si-rvicc ( ////A ."»+). FiVrry applii-ation i'or snltstihiti'il scrNicr under the last-nit'utiontMl rule niust lie supported liy atlidavit, scttiii;^ foi'tli till- j^rounds u]>oii wliirli the api)lication is made {/:>'/<■ :{+). Tilt' pi-rson srrvini;' writ is. witliin 'i days tlirrt'aftcr, to indorse on the writ the day of the week and month of sucli service; otherwise the plaintiff will not he en- title))eara»»ee to ])roceed hy default without leave of a .lud^'e, costs of olitaiuin^' leave to l»e in no event charged against defenrved (Itii/r 4!)). Service on married woman. A married woman is to l>o served in the same manner as a party to a suit not undei' any disability is now served, and the like proceedings may be thereupon had, and with like ett'ect as it' slie were nfi'tac note {RnJe ;i5). Service on infant. When an infant, resident in On- tai'io, is defendant, and action is for administration or partition, or for any purpose other than the recovery of money from the infant personally, or of lands, goods or chattels, of which he is personally in possession, i I'lii: uNTAitio .iiimATiiii; mt. o SERVICE of Writ ' .'ithin the /iiri',/i,t!on)—t\>ii'iiiii.;{. sci'vicc oil the olliriiil ;;Uar. lull) i; to In- yood srr\ ict; ir in such cu-ic iiion 'cm oin' int'i it ilt'lfiiilaut oii»« copv only in'i''l l)t' SI r\'<''l (//"'' •'»«) ii). Any pfi'son inlcrcstt'il iii!i\' nioxc for an onlci- ap- jiointiny- a i^uanlian other tlian tlic olHi-ial niianhan so srl'Vf.l (Hiilr :{() r). In aliovc t'Xei'pt(Ml cases infant is to he sci-Nctl ])t'r- soiiallv, ami one copy of writ is to he posted (prepaitl) to, or ilrli\ereri.s,Hrtin,i). Service of a writ, or notice, out of Ontario maj* be allowed by the Court or a Judue — 1. Whenever the whole oi' any part of the sub- ject matter of the action is land, or stock, or other property, situate within Ontario, or any act, dee(l, will, or thin^- atlectin^' such land, stock or property, and 2. Whenever the contiact. which is soue done, or is sitnate witliiii Ontario, and o. Whenever the action is \\\m\\ a contract or judj^-nient, tin nigh the same l)e not within the four ah-eady enunierate(l chisses, hut it appears to tlie Court or a Judj,^' that de- fenihint has assets in Ontario of the value of S2()() liable to the juiluuient if recovered {Pmh- 4.')). [If defendant does not appear, manner of proceeding to he directed hy,and claim to he ])roved to the satisfaction of, the (;ourt or Judge {^llnlv 45)]. E\istin/' lln 1 i uiiniHis, "I'p'y ^"* '^ 'Judge for HI Tin; oNTAlUn .IIDK ATriJE ACT. RENEWAL of Writ a^ntunu-.i. 9 leave ti> serve tlie writ after anf the action is limiteu, aiul foi-all other purposes, frcm the EK APPEARANCE <,.;///M«ta'. (a) (Jive iioticL' tlu'rcof to tlu; plaintiff's solicitor, or to (li) The plaintiff" if plaintiff sues in ])er.s()ii. And 1m' shall not, unless tlu' Court or Ju- an ai)pearance in pursuance of his irriftrn undertaking, is liable to attachment {Jluh (j()).] The memorandum of appearance is — (a) To he in writing, (h) To hear date on the dav of its delivery, (c) To contain the name and place of husiness of defendants solicitor, or (d) To state that defendant appeal's in person {l{i'Ir ol). A defendant ap])eariii_H- in person, is to state in the memorandum his address: and if he resides m<»re than 2 miles from the office from which writ w*s issued he shall state in the memorandum a place to he called his address for Hi rriir, which shall not be more than 2 miles from such office (Jlulr ,5:i). The memorandum is not to he received unless it c( )n- tains the addivss of the solicitor oi defendant as above required {Riilr ,54). THK ON'TAHIO Jl'DK'ATURE ACT. APPEARAITCE-""'/'"'"'^- , 11 If siu-h n.Mn'ss 1.1' illusory or tiftiti(ms,tlu'ni)iH'!irji.;ce mav l)e set asi.lc l.V the Court or Ju.l-v on the applica- tion of tlu- plaintirt": mvl tlu> plaintiff may be pernntted by the Court or a Ju.l«). Appearance in actions for the recovery of land. Any person n,>f ,uni>n/ a.^ drf,ii(lurt .)r a Judge appear and defend on Hling such an afhtlavit (/////'' <)-'i). Any person appearing to dcfen.h'.s'A'^'W/o/v/ in respect of property, whereof he is in possession in person or by his tenant! shall state in his appearance that he appears as landlord {Rule ()4). Where a per.son not named as defendant in the writ enters an appearance according to the Rules, it shall be I- OUTI.iXK OF AN ACrroN r\|)LR APPEARANCE .onilniud. intitulfd ill the ac-tiou against the \)i\vt\ or ])arti('s iiaiucd in the writ as (Icfi'iidant or (Ict'ciidants ; and tlio jHTson so appcarinif shall forthwith nivc iiolicc of such ai»))faram.-(' to the [ilaintitfs solicitor, or to the plaintiff if he sues in person, and shall in all suhse(|uent jtroceed- inn-slH' named as a party defendant to the ction ; and if no such notice is given the plaintiff may [iroceoro- cHv.linn-s are to )»• tak.'n thereupon without leave ot Court or .lud-v (/.'"/' :^!))- When a writ is sne.l ;ten.hmt, .l.,.lare the nan.es an.l plaees of re.si.lence ot a 1 the p,,sons .-onstitutiiie- the iirn.. and if the planititis .lo not con.plv with such aenum.l, all proeee.lin<;s nvay he stave.i on application to (\)urt <.r Ju.l-e on snch tern.s •js Inav he .iirecte claim to an account. 'I'lic a])|)licatioM may Ix- mii nature of and lime for rnterin-ju.l-ment depenJ upon the nature of tin- plaintitrs claim, an.l the form of endorsement on the writ. 1. Where plaintiff claims a debt or liquidated de- mand. Here the plaintiff may enter .///*"/ .ju.lgment for the am.mntclain.e.l with costs, if the defen.lant does not within the time allowed for that purpose .leliver a de- t'enee or iliMuurrer (/.'"/'■ "iO^). [The defence is t.. he delivered within 8 days from delivery of statement of claim, or from time liuiitedfor appearance, whichever shall be last (L',>lr UiO).] Whei-e there are sev.-ral defendants, an.l one makes default, plaintiff may enter ,fi>i>'l ju.lgment against ^ 2()(} and 207 (when elaiui is for pecuniary damages) {Jink 210). 4 In all other actions. The plaintiff may set down the action on motion for judgment, and such jmlgment snail he given as up.mthe statement of clanu the Oouit considers the plaintiff entitled to {R>'h 211). Where there are sneml defendants and one makes default, plaintiff may :— 1. Set the action down on motion for judgment a^^ainst the defaulting defendant ; or may 2 Set'it down against hiin when it is entered for trial, or set tlown on motion for jvidg- ment against the other defendants {Rnlr 21). [In case of issues between parties other than plaintiff and defendant, if any party makes default ni delivering any pleading, the opposite party may appiv to the Court for such judgment as on the ].lea.lings he appears to be entitled to, an .IctVii.lant slmll. wiiMn such time annns— (n) Def'eiu'e ; (1.) Set-oft"; Of (c) C'ouuter-elaiiu ; (if aiiV) Suel. statement to l.e as i.rief as the nature of the eas(> will a-hnit, au-l tl>e (\)nrt in aa.jnstn.g the costs (,f th.> action si.all in-iuiiv, at the instance of any party, into any unnecessary prolixity, an.l or.ler the costs thereof L. he home by the party char-eahle with the same Th.> taxin- otHcer shall have the like duty where no such Or.ler is made (A'W. l2G.,r, >l), {n>dr UO). Time for delivery of defence. Where a statement of claim is .leliverea to .lefencUuit, he must deliver his de- fence within « days — (ii) From the delivery of the claim, or (1,) From the time limited for appearance, whichever shall he last, unless such time is extended by the Coui-t or a Judge (Ji'i'lc 100). [A demurrer is included in a defence under the above rule (.sr. iMc 191). And it is decided that where a .lefendant has obtained an order f„r further time to .lefend, he may demur within such time [IMf/'.'s v. Hodges, 2 Ck. Div. 112).] No pleadings are to be amen.led or delivered in the Long Vacation, unless directed by Court or a Judge {Ride 459). 1 Where the defendant appears to the action, and has 'stated that he does not recpiire a statement of claim, and no statement of claim has been delivered to him, he may o ^8 oriLlNE OF AN ACTION I'NDEH STATEMENT of Defence -<""^/'""/. deliver a defence at any time within IS days at'tn- his ap})earanee, unless time extended {Ihilv I (I I). Where leave has heen t-ott'or counter- claim sound in damages or not (Jtulf 127). Such set-off, or connter-claim, is to have the same effi^et as a statmuent of claim in a cross action, so as to enable the Conrt to proncmnce final judgment in the same action, both on the original and on the cross claim [This power of setting up a set-off, or connter-claim, is intended to avoid cross actions, " so that, as far as pos.sible, all matters in controversy betwei'u the parties may be completely and finally determined, and all nniltiplicity of legal ])roceedings concerning any of such matters avoided " {0. J. Ad, 18cSl, s. 10, sifh-secL 8). It is not essential to a good counter-claim that it should disclose a claim equal in amount to the plaintiff's claim {Mostyn v. West Mostyn Coal and Iron Co., 1 C. P. Div. 145).j Every counter-claim made, or relief claimed by the defendant, is to state specifically, (1) The relief which he claims — (a) Either simply, or (b) In the alternative. 'AO OlTMNi; OF AN A(TI<»\ r.M>KH SET-OFF. or Counter Claim— 'onthiuiU. 8 (2) And niiiy also ask t"(tr,V' /^'/v// rclit'i"(/<'//A |.'}.S). Where tleFeiidant relies ujmii several «listiiu't jn'rounds of set-ott', or couiiter-elaiin, t'oiindi'd ujioii separate and distinet facts, they sliall lie stated, as far as may be, separately and distinctly ( /.'"/» l:)4). Judgment for defendant on set-off or counter-claim. Where in any action a set-off or counter-claim is estab- lished as a defence against the plaintitf's claim, the Court may, if the balance is in favor of the defendant, (a) Give judunient for tin- defi'udant for such balance : or (b) Adjudge to the did'endant such relief as he may be entitled to upon the merits of the case (L'lilc IC!*). [The " balance " here mentioned means the balance which results from the hearing of the action {Jio/fc V. lUac/airn, '•] Ch. Dir. 100).] Questions between defendant and third parties. Where a defendant sets up any count "r-claim which raises (piestions between him.self and the plaiiitill" along with any other per.son or persons, h<» shall add to the title of his defence a further title similar to the title in a statement of claim, setting forth the names of all the persons who, if such counter-claim were to be en- forced by cross action, would be defendants to sucli cross action {Rule. 164). Under the above rule the defendant is to deliver his defence to such of them as are parties to the action within the period within which he is re(juircd to deliver it to the plaintiff {Rule 164). Where any such third person is not a party to the action, he shall be summoned to appear by being served with a copy of the defence, to be endorsed with Form 19, and such service shall be regulated by the same rules as THI'; ONTAIUO Jl'DlCATniE A« T. SET-OFF, or Counter Claim— <"«''««<'/. 31 are prescribed as to service of writs (Ixiili Hi.')); and any person not a defendant to tlie action, vvlio is served with a defence and counter-claim as aforesaid, must ap]K'ar tliereto as if lie liad been served with a writ of sununons {Rule ICJO). Ally person named in a defence, as a party to a counter-claim therehy made, may (hdiver a reply within the time (). Where a defendant sets up a counter-claim, if the plaintiff, or any other person named as party to such counter-claim, contends that the claim thereby raised ought not to be disposed of by way of counter-claim, but in an independent action, he may at any time within 3 weeks from delivery of defendant's statement apply to the Court or a Judge for an order that such counter- claim be excluded, and the Court or a Judge may, on the hearing of such application, make such order as shall be just {Rule 168). PRELIMINARY Examination of Parties. {See R. S. O. cap. 50, >S'. 156 et seq., G. O. Chy, 138.) If examining party desires examination to be taken 11 32 OITMNK (»K AN ACTION rNDKK PRELIMINARY Examination of Parties •ni,i;,n,r,f. ■" 'i H in sli(irtliiunl, lit' iiifiy liiivc it taken lict'drc any cxaniiiuT residing' at tlic place of examination cnnipetent to take eN'iilence in shortliand, unless otlieiwise ordered l»y tlio Court or a .lud^'e {/,'>'/< 21!)). A person for whose iniuiediate lienetit a suit is pro- st'cuteij or defended, is to Ite renardetl as a jtiirty for the pur|tose of examination (Unlr '1'1\). Persons \vh(» have ceased to lie otlicers of a corpora- tion may Ite examined in the sunie manner as existing otlicers {lliilr 227). For all ]>urposes of and incident to examination, the position of a third party served Ity a defendant under Jiiilr 107, as hetwei'n him and such defendant, shall he tlu' same as between him as a defendant and such de- fendant as a [tlaintifV (7i'//A' 22.S). The time fortakine out an order for I'Xaminatioii shall Ite after tlu party sei'ved has delivered a reply, or whei'e the applicatiitn is (jii Itehalf (tf a defendant serving a third party under Jinlr 107, the time shall he after the time for delivering reply has expired {Jhilc i'l'-\}. Any pai'ty may at the trial use in evidence any jiart of the examination of the (tpjxtsite })arties ; hut the Judu'e may look at the whole examination and if he shall be of opinion that any other part is so connected with the part to be so used that the last-mentioned part ought not to be used without such other part, he may direct such other part to be put in evidence {Rule 289). Costs of examination are to be costs in the cause, but the Court or Judge in adjusting the costs of the action sliall, at the instance of any party, in(iuire or cause inquiry to be made into the propriety of having made such examination. And if it is the opinion of the Court or Judge or of the Taxing Master, that such examination has been had — TIIK uVTAHKt .llDKATrUK .\< T. PRELIMINARY Examination of Parties --".//^•// -/../. .}:; (ii) l^nfasoiiiihly, (l») N'fxutiouslv, oi- ((•) At UllMcct'ssiiry IcllHtli, the costs (K'('asi()iic(l liy'tlir ('Xfiiniiintii/ii sliali lie lioriu' in wliulf or in part by the party in fault ilitili 220). DISCOVERY as to Documents. TIic (.'oiii't or a .Imlij" may, nt mtji h'mr diirinij f)ii nrfinii or jiracfi/iii;/, or'}). I>. 140) ; nor is the defendant before delivery of defence.] Any party may, after the close of tlie proceed! nj^^s. (or where the upi)lication is on plaintiti"s bt'half after the time for delivering defence of any party has ex- pired), olttaiu an order on praicijjc directing the adverse party within 10 days after sei'viee to make discovery on oatli of the documents wliich are or have been in iiis po.sse.s,sion or i)ower, rehiting to any matter in (juestion in the action, antl to produce and deposit tliem with tlie proper officer for the usual purposes, without further notice {liulc 222). For all purposes of and incident to production the position of a third party served by a defendant, under Hide 107, a.s between him and such defendant, shall be 34 orTl.lNK OF AN ACTION I'NDEK DISCOVERY as to Documents— 'owz/wmw/. r I the saiiii' us between liiiii us n det'eiidant aiul sucli de- fendant .IS a j)laintitt' {Jhilc 22:}); The time for takini( out an order for production sliall be after tlie party so siTved lias delivered a reply, or where the application is on behalf of a defendant so serving such third l)arty, the time shall be after the time for delivering reply has ex])ired (Rule 22.'}). Where cor[)oration aggregate is recjuired to prochice affidavit shall be made by one of the officers {liiih'l'lo). The dejxnient shall be subject to cross-exannnation {Jlulv 220). Affidavit of documents. The affidavit is to specify which (if any) of the documents the party objects to produce {RiiJc 22S.) [;SVr form of affidavit, Forms 84, 8o.] Notice to produce. Every party to an action or other proceeding shall be entitled — (a); At any time before the hearing, or (b) At the hearing thereof, by notice in writing, to give notice to any other party, in whose — 1. Pleadings, or 2. Affidavits, reference is made to any document, to produce such document for the inspection of any party giving such notice, or of his solicitor, and to permit him to take copies thereof {Knlr 229). [No allowance of costs is to be made for any order or notice to produce or any inspection, unless the Taxino; Master is satisfied that there was good reason for such order, notice or inspec- tion {Rule 280).] [See form of notice, Forms 23.] THE ONTARIO JrDICATrHE ACT. DISCO VEfiy as to Documents -'•'>///;« ^r-^/. 35 Thr piirlji tn mhoin such aiiUcr is //iroi shall (a) Within two (lays from its i-cceipt (if all the documents therein referred to are set forth in his affidavit), (I)) Or Avitliin 4 days (if any of the documents thei'ein ivferred to are not so set forth in the affidavit,) deliver to the party givinu- the same a notice statin<- a time — • (c) Within :? dfiys from the delivery thereof, at which tile documents, or such of them as he does not object to ])i-()(luce, may he inspected at'H;lK;.office of his .solicitor, anrl stating- — - 1. Which (if ;uiy) he objects to prod u^ and 2. On what o-round {Jiule '2:V1). <^ [Sec form of notice, Forms 2o.] ^ Any party not complyino- with notice to pr()duce,^^lifill not afterwards he at libertv to put any such document in evidence on his behalf in such action or proeeedino- unless he satisfies the Court : — (a) That such document relatt^s (mly to higown title, he beino- a defendant to the action ; or (b) That he has some other sufficient cause fo'r^ not complying with such notice {Rule 229.)/' If the party served with notice under /////c 2'n omits to g-ive such notice of a time for insi)ection, or objects to give iiispection, the party desiring it may apply to a Judge for an Order for inspection {Ritir 28:}). Order for inspection. Every application for an Ordei- for insjK'ction shall l)e to a Judge, anK AX ACTION rNDEH AMENDMENT of Statemen^ of Claim, Defence orReply-^ 1. At any time before the exiiiration of tlie time jillowed him for plen(Un,n>'. Wiier-' any p;irty has amemlea.Uns under //.'- I7i)-1 HO, the opposite party may, withm iu'n>nif //// <>//tr,- j^nii/ irithonf have. Where any party has amended his pleading under 7i'/^/r.s 17S)-1S0, the other party may without leave amend his former pleading within 4 days after .leli very of such amended pleading, .)r he may apply to the Court or a Judge for leave to amend his former plead- ing within sucli time and upon su.-h terms as may seem just {Uvh' 182). Amendment by consent. Any pavty^may amend his pleading at any time without order on tiling a written consent of the opposite party or his solicitor {Unh lcS:i). In all other cases of amendment not provided for by the prece delivered to the opposite party within the time allowed for amendment (J^Nlr lcS8). [Delivery ineludi's filing {/'hIi' 150).] i I I: REPLY. The plaintiii' is to deliver his re]>ly within 3 weeks after the delivery of — (a) The defence, or (b) The la-t of the defences, unless the time is extended l)y a Court or a Judge (link 173). "W^T^WWiH^" 40 OUTLINE OF AN ACTION UNDER REPLY— '■""''"'"'<'• [A Demurrer is includea in a reply under the above rule, sec I!>'lr 101.] ■No pleading subsequent to reply other than a joinder of issue shall be pleaded without leave of a Court or a J dge, ". . 1 then upon such terms as the Court or Judge shall think K^ {liulc 174). Subject to E,>le 174, every pleading subsequent to repiv shall be delivered within four days after the deliveiy of the previous pleading, unless the time is ex- tendedby the Court or a Judge {Btde 175). DEMURREE. \ I: \ i . * ** Any party may demur — (a) To any pleading of the opposite party, or ^ (b) To any part of a pleading setting up a dis- tinct 'cause of action, ground of defence, set-oti; counter-claim, reply, or as the case may be on the groun.f that the facts alleged therein do not sliew (a) Any cause of action, or (1)) Ground of defence, to a claim or any part thereof, or set-off, or counter- claim, or reply, or as the case may be, to which effect can be given by the Court as against the party demurr- ing {Rvlr 189). A demurrer shall be delivered in the same manner and within the same time as any other pleading in the action {llnh' 191). Demurrer shall state specifically— 1 Whether it is to the whole or part, and if so what part, of the pleading of the opposite party ; 2. Some ground in law for the demurrer ; Ill TH£ ONTAHIO JUDICATURE ACT. DEMURRER -onfnt uvd. 41 but the party doinuniiig sliall not, on tlie argument of tlie demurrer, be limited to tlie jjjround so stated {Jink 11)0). Tlie Court or Judge may set aside sueli demurrer with costs, if (a) There is no ground ; or (b) Oidy a frivolous ground stated {Rule 190.) If the defendant wishes to demur to part of a claim, and put in defencf to the other part, he shall combine the two in one pleading. And so in every case where a party entitled to put in a further pleading desires to )• Where a denun-rer to the wiiole or i)art of any plead- in's, a;!ts oreasioneil hy tlie denun-rer, ualess the Court shall otherwise direct, {Ri(h' 200). Where a demui-rer is overruled, the Court may make such (n'der, and U[)on such terms as to the C'ourt shall seem riyht, for allowing- the denun'rinj;' party to i-aise by pleading- any case he may he desirous to set up in o})position to the matter demui-red to (/)'"/' 201). [Matters of law that may he raised l>y demurrer must not he raised on the pleadings, and if this is done, they will he struck out as emhar- rassing, under Rule 17^ {Stohrx v. Gi'diit, 4 (J. P. IK 2.-))]. I 'm m ii m X-t [,SVr f( )f d orm oi demurrer, l^orms / ^]- CLOSE of Pleadings. As soon as — - (a) Either party has joined issue upon any plead- ing of the opposite party simply, or (b) The time for (i) Amending the pleadings. *nfr 44 olTUNK <>1' AN ACTION I'XDKU CLOSE of Pleadings "'"'""""'• til 1' ' ■ >i (ii) Dclivoriiiji" u reply. <»" (iii) Siilisc(iiU'nt iiUailiii-', or (iv) Demurrer, has expired, the pleay till' (U'tV'inliint, ami lie must shew that it would Itc move convcMii'iit ami a saving of expcnso, or that, hy reason of local prejudice or otherwise, he cannot ohtain a fair trial in the place orin'iiially j)i'oposed.] NOTICE of Trial At any time after the close of the pleadings, either party may givi^ notice of trial for the next sitting of the Court, which sliall he not les,-- than 10 lays there- after, for the place so named or ordered {Jiii/c 25.')). Subject to the act and preceding rules, the C(jurt or a Judge may, in any action at an}' time or tVoui time to time, order — (a) That ditfei-ent (piestions of fact be tried by ditlerent modes of trial, or (b) That one ov more (juestions of fact be tried beft)re the others, and may ( 1 ) appoint the place or places for such trial or trials, and . . (2) ma}' in all cases order one or more issues of fact to be tried before the others {Jiidc 2.>(i). Every trial of any (juestion or issue of fact by a jury shall l)e before a single Judge, miless such trial be ■specially oi'tlered to be held before two or more Judges {Eu/c 'ih). Notice of trial shall state — (1) Whether it is for trial (a) of the action. or (b) of issues th ereni, and m 46 (ilTLiNK Ol>" AN A( Tln.V INDKU NOTICE of Trial -rn„th,>,r,i. ('1) The place (iiiil diiy f'<»i' wliicli it is to lir m- tort'd for trial (liulr 2.')S). Till (lays' notice of trial sliall lie u'iveii, unless tlie party to wIhuii it is oivcn luis coiisentL'tl to take short notice, wiiicli is o days: and 10 days' notice shall be sutlicient in all cases, unless otherwise ordered l)y r'lc Court or a Jud.^c {Unlr 'i.')!!). And notice is to he "jiven liefore enterinu' tlie aci.> .^ for trial (/.'////• ^(iO). Instead of •iiyini'' notice of trial, the defendant may, if the pleadings weri' closed (i weeks before the sittings, a])ply to the C'imrt or Judge to dismiss the action for want of prosecution ; and on tlie hearing' of such appli- cation the Court or a Judg'e may (a) order the action to be dismissed accordingly, or (1>) make such order and on such terms as may seem just (Jin/r 2')')). "m IS 111 I ENTRY for Trial. If notice of trial is given either party may enter the action for trial (Jin/f 2(51). If both parties enter it for ti'ial it shall be tried in the order of the plaintitl's entry (Iin/c 'HiV. An acticm is to be entered not later than the third day befoi'e the assizes or sittings, unlt^ss the Judge orders its entry after\vards on 1. Facts disclo.sed in affidavit, or 2. Consent of l)oth parties (liidc 264). , ^ [This rule is applicable to County Courts (Eide 264).] ''« ' J . ; WITHDEAWAL after Entry for Trial. When a cause has been entered 'for ti'ial, it may be withdrawn, by either plaintitl or defendant, upon pro- H THK ONTAHIo .ICDK'ATl'HK A< T. WITHDRAWAL after Entry for Trial •■unth„ird. 47 dufin^' to tlic propel' ofHccr u I'onsciit in wi'itin;L,' siifiicd l»y the [)artit's {llnlr 171). When tilt! .Tuc entered accordin' the action for trial shall deliver to the officer one co[)y of the pleading's for the use of the Judge. Such copy to be certified as a true copy by the officer having charge of the pleadings, and to be indoi'sed with an indorsement stating whether the matter for trial is — 1. An assessment for (hxmages, 2. An undefended issue, or :i. A defended issue {Rules 202, 207). [Aft(!i' the action is entered for trial, the next thing is to get all ready for hearing ; and in those preparations two notices are usually given, viz., a noi^ice " to produce " docinnents at tlie trial, and a notice " to inspect and admit " documents. [The notice to pnxturr is dimply a notice by either plaintiff or defendant, calling upon the 0^^^. posite party to prodiice certain documents^ J the trial, and the object of giving such notice is that if the party to whom such notice is given does not produce the documents, the party giving notice may give secomlari/ evi- dence of the contents of such documents by m s m 48 OFTLIXE OF AN ACTION T'NDER WITHDRAWAL after Entry for Trial '""''"""/• copies, &c., which he Avcmld not he entitled to (h). had lie not given snch notice.] [Thr voflrr to insjirrf d ml (nhii'it is siiiiilav to the above, and is given to savt- the (>xpense oi calling witnesses to prove the documents at the trial.] ■i NOTICE to Produce and Inspect, &c. So' 7,\^/r -2:2$), supra and iiotirr lo prod mr, supra p. 34. [>SVc form of notice, Forms 25.] Admission of documents, &c. Each party may give notice, hy his own statement or otherwise, that he ad- mits, for the purposes of the action the truth of the case generally, or of any part of the case stated or referred to in the statement of claim, or defence, of the opi)osite or anv other i)artv (V.'/'/c 240). Either party may call upon the other party to admit any document, saving all just exceptions (/v/'/r 241); and in case of— (a) Refusal, or (b) Neglect to admit aftet such service, the costs of proving any such document sl'all be paid by tlu' party so neglecting or refusing, whatever the result of the action, unless at the hearing or trial the Court certify that the refusal to admit was reasonable ; and no co.sts of proving any document shall bi' allowed unh^ss such notice be given, except where the omission to give the notice is, in the opinion of the taxing otRcer, a saving of expense {Rule 241). [,SV(' form of notice, Forms 26.] The production of written admissions purporting to be— 1 i THE ONTARIO JUDTC'ATl'RE AfT. NOTICE to Produce and Inspect, &c— '•'>/'''/"'"/• 49 (a) In the action, and (b) Signed by the solicitor of the ])avty l>y whom, or on wliose behalf they purport to Ite aiade, shall be sufficient priiitajarii' evidence of such admissions (7////r -24:}), TEIAL. After notice of trial, entry for trial and th*.' notices to produce and inspect, and the admissions by either party, the subpcenas " to testifv " and " to biing- documents,. &c., are issuetl and served. The only thing then is to deliver the biicls to counsel, ane specially ordered to be held befor'3 two or more Judges {Ruk 257). i it (Non-appearance at Trial.) Proof by Plaintiff of his Claim. If, when the action is called on, the phiintiff appears, but the deferidant does not, the plaintiff may prove his claim, so far as tl-.e burden of proof lies on him {Rnk 2(3.S). Judgment for Defendant dismissing Action. If, when the action is called on for trial, the defenplication made either at the assizes or sittings, when' trial took place, or in Toronto {Riih' 270). Evidence omitted at trial by accident or mistake, how supplied. Where through — (a) Accident, (b) Mistake, or (c) Othe' cause, Any party (1) Omits or (2) Fails to prove some matei'ial fact, Judge may proceed subject to such fact being afterwards proved at such time, and i i il ■ f i il ^m \i. 52 OUTLINE OF AN Af'TION UNDER NON-APPEARANC E at Trial-^""^""^-'^- sul.ject to sufh terms as f. costs aiul otlu-rwisc us Judge may direct (Ji'i'/c -271). [If it is a Jury case Ju-l-e may direct Jury to find a verdict' as if sucli fact liad l.eeii i)roved, and^ verdict sliall take eiiec£ on such proof, and if not so proved, Jud-u.ent is to l>e entered for opposite party, >'nh.s. thr Co>ui or Jmhj,' vlhn- Visr (liirrh {Ju(lr 271)]. Ji'ii/r 271 does not apply to an action for libel (7/"/'' 271). Postponement or adjournment of trial. The Judge may, if he think it expedient for the interests of jus- tice — {'d) Postpone, or (b) Adjourn the trial for such time, an.l upon such terms (if any) as he shall think tit {J!>'l< 272). Sometimes one party fin/ ajiini the application for a new trial shall be to a Divisional Court {UnU' =^07). (B.) After trial by Judge without a jury. The foi- „H'r practice is not interfere.l with ; application is therefore to be to a Divisional Court or the Coint ot Appeal. THE ONTARIO JriHCATrRE ACT. 53 MOTION for New Trial ->'<>iiih>w;{. Applications for new trials niv to ^e l»y mention calling on the opposite party to shew cause — (a) At the expiration of ,<',L 00 Where judgjaent is pronounced, the entry of tlio iudu'im'nt shall be dated as of the dav on wliich such judi^iueiit is pronounced, and the Judti'ment shall take effect from that date {/in/r :}2()). Where a judgment is not pronounced, the entry of judgment is to he dated as of the day on which the requisite documents are left witli the projier officer for the pui'pose of such entry, and tlie judgment shall take efi'ect from that date {JIn/c :i'27). The proper officer is to examine tlie affidavit or docu- ment produced wliere under the act or rules it is provided that any judgment may he entered ov signed upon the filing of any affidavit, or production of any document, and — (a) If the same hi' regular, and (h) Contain all that is )>y law recpiired, he shidl entei' ju''l- juiy .iuii.,j>. r,-y\).] r 1 i 1 EXECUTION. 1. Judgment for recovery or payment of money. A judgment for tlie recovery hy or payment to any person^of nunu-y may he enfoi-ced hy any of the modes hy which a judgment or decree for the paymeivt of money, of any of the Superior Courts miglit have heen f(-rmerly enforced (//"/' ■V-ii^). 2. Judgment for payment into Court may he enforc- ed hy any mode hy Avhich such a judgment or decree mitdit have been formerly enforced (Ji'i'lr -^W). 3. Judgmont for recovery or delivery of possession of land may )e enforce) To altstain from doini;- anything- — mav l>e enforced hy— (1.) Writ of attachment, or (2.) Committal {Ihilv '-U'^). 6. Judgment against partners. Jndgnient against tliem in tlie name of tlie firm may he enforced hy exe- cution — (a) Against any property of the partners as such. (1)) Against any person who has achnitted on the ph'a(Hngs that lie is, or has been adjudged to he, a ])artnev. (c) Against any jH'rson who has heen served, as a partner, with the writ, and has failed to appear {llnlc '.\M')). If the party who has obtained judgment clahns to he ■entitled to issue execution against any othei- person as l)eing a Inemher of the firm, lie may apply to the Court nv a Judge for leaN'e to «lo so {Itnlc :U()). The (\)iu-t or Judge may give such leave if such liability be not disputed, or, if such liability be disimted, may order that the liability of such person be tried and determined in any manner in which any issue or (pies- ti). As between the ori;^'inal parties to an action, execution may issue at anytime within years from the recovery of the judL,nnent (Hn/c -S.)')). Wheiv— (a) Six yi'ars have elapsed since the Judgment, or (li) Any change has taken place by death or otherwise in the parties entitled or liable to execution, the pai'ty alleging himself to be entitled may apply to Coui't or JuVlge for leave to issue execution (Hide :i')()). The Court or Judge may - (a) Order execution to issue if satisfied that the paity so a[)i>lying is entitled, or (b) Order that any issue or (piestion necessary to determine the rights of the parties shall be tried in any way in which any question in an action may l)e tried. And in eithei- case the Court or Judge may impose such terms as to costs or otherwise as shall seem just (Ji'id,' :io6). Duration of writ of Execution. The writ, if un- executed, is to remain in force for one year only from its issue, unless renewed (Jin/.r 358). 8 "•J J*! m r' '} ' EXECUTION • fl'ri.iNK '»1' AN ACTION INDKIt IlllltillllCll , Renewal of writ. S\icli writ may Im- rcnt-wcd at any time lict'orc its expiration, tor (inc yc.ir from tlir rcimwal, ami so (1)1 from time to time ' tin- continuanci' of tilt' rfiM'Wcd writ, ritlirr (I) Hy ItfiiioiiiHikcd in tin- margin witli a mcm- oi'antliim sitiiicij liv the otHi-cr who issiUMl till' writ, or his succi'ssoi', statini;' the date of such renewal, or ('!) V)\ party ,y:i\iiin' a written notice of renewal to the Sheriff, siuiied li\' the uai'tv or his iitlnniiii (sie),an(l hii\in^' the like memoi'an- (hnn {II III, :}•):]). And snch renewed writ is to lia\'e effect and he en- titled to prioi'ity accordin^r to the time of the ori•'), any party (not hein^' a pMrty to the aetion), ■ — (a) ( 'litaiiis any order, oi- (h) In wiiose favour any older is made, shall he entitled to enfoi'ce obedience to such order by the .same pi'ocess, as if he were a party to the action (Jiiilr ;]oS). And any person (not bein<;' a party in an action) against whom oheilience to any judt^'uient or order may he enfoi'ced, shall lie liable to the same pi-ocess for en- forcin<;' obedience to such jud;.i;ment or order, as if he were a party to the action (Unlr .SoH). Audita Querela abolished. No proceedin")!>). And the Conn or .Imluv may .i;ivc sudi relief and niton such terms as may he jnst (llnh .'{')!>). Attachment of the person. A writ of attaclnnent is to he issued as liefetofoi'c in Chancery, hut oidy on |,.;ive of tile ColU't or Jud,L>V ^^o lie apj)licd for, on notice to the iiavty against whom the attachment is to he issued (Ii'ii/rs :}()4->(!')). [Attachment of Debts. Srr Order XLI]. Writ of Possession {Lcin/s). A judrvice of the judgment, and (b) That the same has not been obeyed {Rule 880). [Such wi-it is to have the efi'ect of a writ of assist- ance as well as of a h(fl>. Jnc jH»ifi. {llnh :in for sneh one or more of the plaintitls as may he found to hi> entitleS!)). J. Where an action has been conmienced in the name of the wrong person as plaintiff", or 2. Whei-e it is doubtful whether it has been com- menced in the name of the right plaintiff, the Court or Judge may order any other persons to be substituted oi- added as plain- tiff or plaintiffs cm such terms as shall be just, (a) If satisfied that it has been so com- menced through a /ww? ^i^^ mistake, aned to exist, whether — (a) Jointly, (h) Sevevally, or ((•) In the alternative {/iH/r f)l). And jndgnient may be given against such one or more of the defendants as may be found to bo liable, aceord- iiiir to their resi)eetive liabilities withont anv amend- ment {/!»/<■ !)1), It is not m eessary that every defendant to an aetion shall be intei-(>sted as to all the relief prayed for, or as to every cause of aetion ineluded therein ; but the Court or a Judue mav make sueh order as mav be just to i)re- vent any defendant from — (a) Being end)arrasse ileftn< ml! 11 %i •J if: .«• <*' I \ ••' u. (i4 OUTLINE OF AX ACTION UNDER PARTIES "C""^'" '"'''• Trustees, executors and administrators may sue and be sued on l.eludf of, or as representing tlie ]n-o])ertyor estate of wliicli tliey aiv trustees, or representatives, without joining any of tlie benetieiaries ; but tlie Court or Judge may, at any stage of tlie proeeedings, order any of sucli persons to be made parties in addition to,, or in lieu of the previously existing parties (Jinlc 95). Married women — 1. JA/// sue or iIc/cikI without tlieir husbands and and without next friends, in all eases relat- ing to their — (a) Separate estate, or (b) Separate engagements, (e) Contraets, or (d) Torts, m\\\ hi (e) Suits for alimony {RuJr 07). 2. Mdji .sue or drfnid in other eases (by leave of Court or Judge) on giving sueh security as Court oi- Judge may require {Ilnlr 97). :}. Mail sill' in eases not thus provided for, as plaintiffs by their next friends as formerly in Chancery (L'l'/c !)7'0- Infants — (a) Mill/ sue as plaintitis by their next friend, and (b) J/"// i/r/','iu/ by tlu'ir guardians app( tinted for that purpose, ii/ sue (a) as plaintiffs by their connnittee, or (b) next friend ; THE ONTARIO .irDK'ATrUK ACT. PARTIES— '■"/'''■"""/. 65 2. Mil II ilrfi 11(1 (a; liy coiiunittce, or (1.) liy muivdiaiis apjtoiiitcd I'or tliat purpose, as t'oriiH'iiy in ('lianccry ( A'"/' l-'4). Numerous parties having same incerests. Wlicro tlirrc arc miinci'ous parties lia\'iiiu' t'lc saiiH- iuten'st in one action, one or unirr of sudi ]»artics may — (a) Sni' or lie -'.inl : or (li) M;!\- lie ant]iorisi'il t>y tlu.' Court to deiVMid, on lii'lialt' oi'. or for t!io liriiclii of, all parties so intercstt'd {11 II I r !»S). Class Representatives. Wliere tlie rii;'lit of — 1. An lii'ir at law. 2. 1'lie 1U'X»" of kill, or :}. A class, dc[iends on the cotistniction wliicli tlic Court may put on an instrument, And where (a) it is not known, or (1>) it i^ iiiliiciut to ascertain, who is or ;n'e siu-h heir at law. or next of kin, or class ; and the Court considers that in order — (a) to sas'e expense, or (li) for some (jtiier reason, it will he conxcnient to have the (piestions of construc- tion (h.'teruuned hefore the heir at law,&:c.,is ascertained hv inciuiiy, or otherwise, the Court may appoint .some one or more person or persons to represent such heir at law, next of kin, or class (/('///'' !)!)). Ann the service of such summons or notice {Jiide 108). Application to add or strike out, &c. Any applica- tion to — (a) Add, (b) Strike out, or (c) Substitute, a plaintiff or defendant may be made to the Court or a Judge — 1. At any titnr before tried, (a) By moti(ni, or 2. At the tried, in a summary manner {Bide 104). < ir FILING- of Amended Writ, on Defendant being added. Where a defendant is added [unless otherwise order- ed] the plaintitt' shall sue out an amended writ of sum- mons, and serve such writ, or notice in lieu thereof, on the new defendant in the same manner as original defendants are served {Hide 105). AMENDMENT, and Service, of Claim. If statement of claim has been delivered, the same is to be amended [unless otherwise ordered] in such man- ner as may be rendered desirable {Ride 106). SEKVIOE of Amended Claim. A copy of such amended claim is to be delivered to the new defendant — (a) At the time when he is served wath the writ, or notice, or u ••• lit 3,1 68 OlTMNK ol" AN AtTI(,>X INDKR F ARTIES— coid! I,, !(') W'licrc from any other canse it aj)i)ears to tiH' ('i)urt or a Judj^'e tliat a ([Urstion in the action shoulo ill' dcU-riiiiiicd (i; not only as hetween plaint ill' and defendant, iait (ii) as lietween plaintitr, defendant, and an) other person, ov lietween eitiii'r of tliem, the C'onrt or Judge may (on n). [If maemed to admit the validit V of the judgment which may be obtained against such defendant in the actimi, whether (»litaineil by con- sent or otherwise {Ii'iih' I iO). [Srr also H,r/. It) ((>. J. Ad iSNl), siih-srcf. 4.] Tlie Coui-t or Judge is to givt> directions to prevent the recovery of the jilaintitf s claim being unnecessarily delayed by reason of (piestions between defendants, in Avhich ])laintitf'is not concerned where this can be done without injustice to the defendants {llnlc 112). JOINDER of Causes of Action. Subject to the following rules, the plaintiti" may unite in thi' same action and i)\ the same statement of claim .several causes of action : but if it appear that they can- If i f «* I I' '»"'•■ I Nil t! I III ' .' . 70 Ol'TLiXE OF AX ACTION UNDER JOINDER of Causes of Action— '•""'"""'<. not be conveniently tried or disposed of t()^r{>ther, the Court or Jud^e may — (fi) Order separate trials ; or (b) May make such order as may be necessary or expedient for the separate disposal there- of (Jill I r 115). In actions for recovery of land. No cause of action (unless by leave,) shall be joined with an action for the recovery of land, except — a) Claims in res))ect of mesne profits ; or (b) Arrears of rent in respect of the premises claimed or any part thei-eof ; or (c) Damages for breach of any contract under which the prendses or any part thereof are or is held ; or (d) Claims in actions on mortgages for recovciy of the moi'tgage money and for foreclosure or sale (liule 116). Claims by an assignee in insolvency as such shall not be joined with any claim by him in any other capa- city, unless by leave of a Court or Judge (Jin/r 117). Claims by or against husband and wife may be joined with claims by or against either of them separ- ately {J^ule 118). Claims by or against an executor or administrator, as such, may be joined with claims by or against him personally : provided the last mentioned claims ai-e alleged to arise with reference to the estate in respect of which the plaintift' or defendant sues or is .sued as executor or administrator (Hule 119). THE ONTARIO Jt'DICATURE ACT. JOINDER of Causes of Ac bion —'•«/'''"'"''/. 71 Claims by plaintiffs jointly may Ik- joined with claims by them or any of them separately against the same defendant {Rnh' T20). APPLICATION by Defeudant to confine Causes of Action. Any defendant alleging that the plaintifl* has nnited in the same action several causes of action which cannot be conveniently disposed of in one action, may, at any time, apply to the Court or a Judge for an order con- fining the action to such of the causes as may be so dis- posed of in one proceeding (/<'/'/' 122). If, on the hearing of sucli application as in the last preceding rule mentioned, it shall appear to the Court or Judt'e that the causes of action are such as cannot all be conveniently disposed of in one action, the Court or Judu-e may — (a) Order any of such causes of action to be excluded ; and (b) May direct the statement of claim [or if no claim has been delivered, the copy of the writ of sunnuons and the iiiilorsement of claim on the writ] to be amended accord- ingly ; and (c) Make sucli order as to costs as shall be just {liule 123). PLEADINaS generally.- follows : — ■T/ic ordiiiarif plmdinrjfi are as (Claim.) Unless the defendant at the time of his appear- ance states that he does not require one, the plaintiff is to deliver a statement of claim within three months from appearanee. The i| ' n ! ;, » '■ it •1 r f IK' I ill . I 72 ()»"l'I,INi: OK AX ACnoN indkh PLEADINGS generally ~';,HfnHi<[' ])is f |)lain- titfs stateiiu'iit. or from tlie time limited for a]i])('ara!i('e wliiclieNcr shall lie last: and tlie (/iVy///.) plaintiH is to deliver Ids reply (if any) tliei-eto I'-itliiii lliro im/.s j'r(,]n i/i/inri/ vf!((st ilrfntn (II III,. ^ i:..S-l(i()-l7:5). [Tlie aliovi' times may lie extended by Court or .liidge.] The rJiicf riiJr>i f.s /''"// jilctnil/ii/.s (/,riis full""'^ : — Tlioy are to lie as lu'ief a.s the nature of tlie ease will admit (li'ii/r ]-2V),). Anv eosts occasioned Ly unmce-^vary jivolixity a.i'e to lie liorne hy t'he party cliar^ealile with the saiiu' {/I'l'lr VKk). Tliey nr-- to he divided, i;,1w j.aiM.urajiiis. nuudiered consecutively, and each parauraph containing, as nearly as nuiy he, a separate allegation (/.'/'/' 1*2S). 'Ihey are to contain, as (cuci-ely as m.-.y he, a state- ment of the matei-ial fa;'ts on which the party ]ileading ivlies, I.i:f i:nl tlir .riiliiur hij irh'irli lln ij "/■'■ /r- li.jirnrnl {Hiilr \'1>\). Dates, .sums, and numhcrs to he e\]'ressed in tigures {Hill,' i-i.s). Tlie signature of co'insel is not to he necessary [Ilnlr 12S). They ai-e to he jM'inted or written (or ]»;;rtly the one mid iiartly the other) {Huh 12!t). No more than 4 copies of any pleading or document i)i the ])rogress of tlie cause iire to he allowed, exclusive of one or folio sliall lu' allowc*! in lieu of (•l;,■!^•,'4•('^ tor (.'Ojiit'S (h'li/r |.")()).] Tlu'V arc to l.r (Icliv.'ivd to the solicitor or to tlu) party ii' In- a]«i)t'ars in person, ami if n i'.piH'aranfc lias been I'ntt-nMl l.y licin- posted up in the otliiv from which the writ was issued (/.'///'■ UU), 7%i/ in-i h) III' (hlin ml hrhm n the /ni rfica (dul (ur to he JiHd'kal nil thr fiirr iritll — 1. 'i'he date when Hied: 2. The division to which action assigned; :{. Tlu- title of the action : 4. The description of the pleading: ."). The name and place of laisinessof the solicitor and a^'eiit (if anyi tilin,i;' them : or oil. The name and address of the person tiling- the same, if actiiig in person {Jliih' V-Vl). Kuril ji'ii'til !■•< Ill ml mil — (a) 8uch of the material alU'gations in the state- nieiit of the opposite l)ai'ty as are true ; or (1)) iMay give notice l»y his statement, nr alhrr- n-i.^r, that he admits the truth of ciise gener- ailv, or of any part stated, or referred to, ni the statement of the opposite party (7.'/'/. 240). And he nurst m;ike admissions when practicable, with such (lualiiications as may he necessary to protect his interests, hy reference to the nmnhers of the ])aragraphs hi the pleading to which they relate (Jliili' 14(i). And where the Court or a Judge .shall he of oj.inion that anv allegations or fact denie*!, or not admitted by any party ,'ought to have been admitted, the Court may make such order as shall be just with respect to any III if I ill :! !' n r' 74 OITUNK OF AN ACTION CNDEU PLEADINGS generally -ronfiiimil* bi (.'Xtru costs oc'casioncfl Uy tlicii' liuviiij:^ l)oen denied or' not iidniittt'd {/t'li/r {')'.]). Kuril piiiii/ niiisf in (iit// p/fiii/liu/ not hrlii(/(t pffiflon w (t irri/ iif Sinn nidjix iiWrif^' all facts he iiicHiis to rely on not appcarinj,' in jtrevions pleaclinju's (if any) and (2) Raise all ^rounds of defence or reply which if not raised on tlu' pleadings. (a) Wonld he likely to take the opposite party hy snrprise, or (h) Would raise new issues of fact not arising out of the pleadings, <;.//., Fraud, Statute of Lindtations, Re- lease i/,'H/r 147). Save as ahove. silence of a })leading as to any allega- tion in the previous pleading of tlie o|)p()site party is not to he construed as an implied admission of its truth ; and anv alle<>-ation introdviced to ))re\entsuch adndssion and not foi* making the groun^ls of defence intelligihle, is to he conside:;Ml impertinent (Jih/c J4(S). Where either party wishes to deny th(! right of any other party to claim as — (a) Exi'cutor ; (h) Trustee ; (c) Assignee in insolvency ; (d) In any representative capacity ; (e) In any other alleged capacity ; or if he" wishes to deny (f) The alleged constitution of any partnership firm, he shall deny the same specifically or the same will be taken to he adnntted (Jliilc 140). Pleas in "Abatement," and "New Assignment" are aholished, and any matter formerly introduced hy new assif/nincnf is to he introduced by amendment of the statement of claim {liulcs 142-J48). Tni: oN'TAKio jim)I«;ature act. PLEADINGS generally -»•""''■'""'/. 75 A bare donidl hy anylxuly of a i-ontraet all<'j,'('«l in any pk'adin;; is to lie t'oiisiiU'riMl only as a donial of tho makint;' of s\icli coiitract in furf, and not of its k-^^ality or sutHcicncy in law, wlu^thiT with rofi'vence to tiio Statute of Frauds or otluTwisn (Jiidr 141). No i)l('adinn- (not Ikmuj-- a petition or sununons) shall— [e.Kt't'pt l»y way of aiiicndnicnt] — 1. Raise any new j^n-ound of claim ; or 2. C.'ontain anv alle<'ation of faet inconsi.stent with th(! i>revions pleadings of the party ph'adin^' the same {Ili'Jr 14!)). Neither party need in any pleadinj,^ allege any matter of faet which — 1. Tiie law presumes in his favour, or 2. As to wliieh tlie burden of proof lies upon the otlier side, unless the .same has first been .specifically denied {Jiide 139). [For example, the consideration for a bill where tlie plaintiff sues oidy on the bill, and not for the consideration as a substantive ground of claim.] Provisions for shortening and simplifying pleadings 1. ^.s /a Malicc—Whem it is material to allege {1.) Malice, (2.) Fraudulent intention, (.S.) Knowledge, or (4.) Other condition of the mind of any person, it is to be sufficient to allege the same as a fact, without setting out tlie circum,stances from which it is to be inferred (Jinle 130). il 1 t:-;i 1 I I I* 7<) Ofl'I.lNi: OF AX A TI(»X rXDEll PLEADINGS generally - c<,iii;,ni,;i. '1. Xiilirr.—\\\\{m it is )ii;it('i-ial to allc^'c notice, it is to Tic sntlicii'iit to ullf^c sucli notit-e ?is n fut't, uiik'ss the t'onu oi' preeisi; terms oF such notice is niateriul {llnf'' 1.S7). •S. Jill/)/ ill I ConlrKcl. — When any contract (or re- lation l)etween any jxTs.ms,) is to hr iiiijillnl — (a) Fl'oni a snics of letters, (])) Sei'ies of com ersat ions, or (c) Otlierwise, from a nnmher of circmu- stances, it is to he snfH'-ient to allen'e sueh conti'act or rela- tion as a fart, and to refei- ^'enerally to sneli letters, conversations, or eircrtinsta.n-'es, withont setting' tliem ont in detail (///'/«■ l-SS). [And il" in such case tlie pei'son so pleading' desires to I'ejy in the alternative n|)on mu'e c()ntracts or relations than one. a-; to lie imjilieil from such circumstances, he may :;tat.e tl)e same in the aitei-native {Itnlc i-!S).] 4. I)(irii nil Ills. — Where tile contents of any docu- ment are material, it is to he sutlicient to state tlie effect thereof as hrietly as ]iossil)le, withont .setting out tin' whole ov any |)ai't thei'eof, unless the pre- cise Words are matt'rial (///'/' I-')')). PLEADINGf Matters Arising; duriiia: tlie Aciiou. 1. By Defendant. Any ground of ilelVnce ^^hich has ai'isen since action hrought, hut ////"/v tile defendant lias deli\-ered hi-^ de- fence may he Jileaded hy tlie dereiidaiit in his defence : (a) Kither alone, or (1() Together wit!) othei- gi'oinids of defeiiee {JinhnW TlIK ONTARIO .ll'DlCATrUI': ACT. PLEADINGS generally -''"'W '" ""'• 77 2. By Defeudant— after delivery of defence. After delivery ol" .li't'eiu'e. defendaiit iiuiy witliin 8 (liiys jiVtcr unmnd of ilcfeiiee li;vs ai-isen — (1) Deliver M i'n 111 ler (lefeiic'c setting foiili such new ;j,i'ounds, dV (2) Introdnee tlie same by ;unendiiieut into liis st;iteiiient of defence (/.'/'/' i^^-^). 3. By PlaintifP. After delivei-y of statement of r-clain'i aris*"s aftei- the expiration of 8 weeks from t!ie delivery of the last defence, the pkintirt" may within :^ days after gruiuid of defence has arisen — (1) Deliver a further reply setting forth such new grounds, or (2) Introduce the same by amer.dment uito his statement of claim (Rule lo-i). In any such case the amendment of the pleading filed is to be made without order on tiling — (1) A pra'.'ipe, and (2y An aflidavit that the matter of amendment arose within 8 days before making the amendment {Jiiik loo). I :!l t I! I "I I ^ ! » I- > • I: * .: • lit < il il m 78 OUTLINE OF AN ACTION UNDER PLEADINGS generally— contiiniid. [In other cases not ])Vovide(i for as above leli anienchnent, or (Unlivery of furtlier defence, or roi)ly, is to Ije made by leave of Court or Judge on Jiotice supported by affidavit (Rule 156).] CONFESSION of Defence by Plaintiflf. Whenever any defendant, in his defence, or in any further defence, alleges any ground of defence wliich has arisen after the coniniencenient of the action, the plaintiff may deliver a confession of such defence; and he may thereupon sign judgment for his costs up to the time of such defence, unless otherwise ordered (Eule 157). [See Form of Confession, Forms 17]. .'Ill CHANGE of Parties by ]V[arriage, Death, &c. 1. An action is not to abate by reason of (i) The death (ii) Marriage, or (iii) Bankruptcy of any of the parties, if the cause of action survive or continue, an •> n \ t \ : SO OUTMNL OF AX ACTION UXDEIJ CHANGE of Parties by Marriage, Death, &c. -<-i,n/;ini,',i. 'II ' III such person may apply to the Court or Judge to dis- cliiU'ge i)r \ary sucli order within 12 days from the service tluTcol" (Iii/h' .Sn7). [The eojiy of the order served is to be endorsed with Form 20]. WlieJ'e any p(M'S()n liriii^- under any disaliility otlier than eovei'ture, and not iiaving a guardian "'/ /i/i'i/i ap- pointed is ser\'e(l as aforesaid — 1. Sucli person mayapjdy to (Uscharge or vaiy sucli ordei' within I 2 day.-^ from the a]>point- pointiiieiit of a guardian <'!:i 82 OITLINE OF AN ACTION UNDER ;is ■I ■ * |ii \\ I lilt ' ,„*' QUESTIONS of Law. Special case. 'Jlu- partit-s may, after the writ of Mniinioiis lias lieeii issiied, concur in stating (juestidnscif ]t[W aiising in tlie aeti( n in tlie i'urni of a s|;i(ial ease fortlie opinion of tlie Court {Jiiih :i4S.) Eveiy sj-eeial ease is to lie (li\i(le(l into paragraphs nuuiln'nd ecaiseditively, and t(» stair (oneisely such facts aJid .-;n} to inaMe the CoiU't to dt'cidc the ([Ucstinn raisi'd hy it {Jii'/c -J-^'O-^i, U})on tiM' argument of sueh ease, the C'ouil and the parties shall he at liberty to refer to the whole contents of such d(jeuments, and the (nurt shall he at liliertv to draw from the facts and documents any inference, whether of law or fact, which might have been drawn therefrom if proved at a trial '(Juilr 'I-iSc). In addition tn the ahoAc, if it ajfpears that there is in any action a ([Ucstion of law which it might he con- venient til ])a^■(■ decided before any e^ idt ricc is given, or any ((uestion or issiie of fact is tried, or before any reference is made to a referee (jr arbitrator, an older may be made for such jioint of law to be raised — 1. By special ca.se,^or 2. In such other manner as thc'Court "r Judge deems ex])edient (Ii'/'/r 'IW). [All further proceedings as the decision of siK'h (juestion may j-ender unnecessary are there- upon to be stayed (7i'///r 24!j).J Every special case is to l»e~ (i) Signed by the parties or their solicitors ; (ii) Filed by the plaintitb: and copies for the use of the Judges are to be delivered by the plaintiff {Mn/r 25(j). Where (a) A married woman, (b) Infant, or (c) Person of un.sound mind. THE ONTARIO JUDICATURE ACT, SPECIAL Gdiae—coidivxcd. 83 is a party to an action, no special case shall be set down for ai'gunient witliout leave, to be obtained on applica- tion supported by sufficient evidence tliat tlie statements in the case so far as they ati'ect the interests of such person are true (Rie paid by one of the })arties to the other, either with or without costs (Jiulc 24[)('U CV)urt, unlt-ss tlu' Court or .Tud^c orders — 1. An}- j)artieiilai' fact to he ]ti'o'-e(l hy atlidavit: or '2. Tliat tlu^ afViila\'it of any witness }ic read on snch conditions as the Court or .luarty t(. -^dve such deposi- tion in evidence on siieli terms as the Court . ,r .1 ud.u-e'niay ( h rect ( A'/'/' 'i.^o ). Evidence by affidavit^ Wlieiv the ])arties have con- sented tliat the rvidenee shall ^^^ hy .-dhdavit — I. Tlie phiintitris to tile his athdavits (a) Within >4 days after such consent, or (h) Within such time as the parties may agree upoi>r ^-'r (e) Witliin such tijine as a Judge in Cham- hers may alh)W ; and ± Must deliver to the .hdVr.dant or his solicitor a list thereof (/I'/'/r :■.() I). 1. The (U'friKhint is to Hie his affidavits- fa) Within 14 days after delivery of the phvintiti's list, or < J IT m lit m I'll 1 lit 'ii 'I i ll V:\ is 86 OITUNK OK AK ACTION' IXDER EVIDENCE generally r„„tinii,,i. (b) Within sucli tiiiu' us the parties may a;^'r('t' upon, or (])) Witliin sucli time as a Jiid^i' in (.'liain- ht'is may allow : and 2. Deliver to the ]»laintitt' or his solictor a list thereof {Uiilc WO'l). 1. The phiintitf' shall tile his affidavits in reply — (a) \\'ithin 7 dayn at'tei- the expiration of the 14 days aforesaid, or (h) Within sueli otliei- time as aforesaid. 2. He is to confine such attifhivits to matters strictly in re[)ly, and 3. Is to deliver to the defendant or his .solicitor a list thereof (Jlnlr :\()'.\). When the evidence is taken by affidavit, any party desirin;^^ to cross-examine a deponent who has mad(? an affidavit tiled on In-half of the o])posite pai'ty, may serve upon the party by whom such affidavit has been filed a notice in writing, rerpiii'injji' tin; p)-oduction of the depo- nent for cross-examination before the Court at the trial {JMr .S04). Such notice as last mentioned is to be served — (a) At any time within 14 days after tlu! ex])ira- tion of the time limited for tiliny' affida\its in re])ly ; oi- (b) Within such time as in any case the ('ourt oi- a Judi^H' may s])ecially appoint (/////'' •}()4). Unless sucli d('])(>i!eiit is produced, his affidavit shall not be used as evidence uidess l)y the special leave of the Court {7.%/A .S04). The party ])roducinn- such deponent for cross-ex- amination shall not be entitle unfuv is .^'iv.-n sluill bo riititl.Ml t.) com)).'! tlu! utteuaaiKT n\' tlic .l.-i...nriit for c-ross-cxumiiintion in the sauu- way as he n.i.uht coiupel the atten.hmce of a witness to be i-xamine.! {Ri'lr :i()')). When tlie evidence in any action is taken by atHdavit; tlu- notice of motion for jud.uMn.Mit is to be ^uiven at tlvo same time after the close ..f the .>vi.lence. as in oth(^r cases is by tlie rules provided after the ck)se of tlie ph>adin^rs {h'lilr m)()). MOTION for Judgment. Iiixcept whei-e by the act, or the rules, it is provided that iudj,Miient may be obtained in any other manner, the jud<,nnent of the Court shall be obtained by motion for judgment (//"/'■ -Mn). 1. Motion to set aside judgment, and enter another - (A) ir/nrr friiil In'fuir n Jur/f. Where, at or after a trial by a jury the Judge has directed that anv judgment he entt-rrd, (a) any pai'ty may, (b) without any h-ave reserved, apply to si'L aside such judgment, and enter any other judgment on the ground that the judg- ment is wrong on the Hiiding of the jury upon the (jUestions submitted to tham {Jiulc (B) JlliriY Ir'nil hi/ Ji/ih/runf/ioiiffjiii'i/. Where, Jit or after trial by a .luv Ti/t/r.slrif v. IfurpiT, 7 C/i. D. 40'} ; (nu/ C/n/fmt v. ('nr/ionifiini of Lowhrn,! Ch. I). 7.Sr>). 7. Pending application turned into motion for judg- ment. The C/Ourt or dudj^^e may direct any application to he turncfl into — 1. A motion for judj^'uient, or 2. A hearing of the cause or matter where it is made to appeal- that it will be conducive to the endw of justice to permit it (/>'?/A .S2M). [And thereu])on the Court or Judge may make such order as to procedure as may he re(piisite; and on the healing may pronounce a judgment or make such order as may be deeme ixM'"'''^^^"" '^ <,n-antu.l the Court ..r Ju.lge is t.) givi- .lirections as to sorvicc of the notice aiul filing the affi' :i24)]. On the hearing of such nM>tiou the Court may— 1. Grant, or 2. Refuse the apiihcation, or 8. (live such n,„n, l^f. /.V.s'2. is t.. have- the .same power an.l juris.licti.m as the Master in Chaml>ers, ex- cept hi the f.)llowing cases — 1. (Jranting leave for service out of Ontari.). .>r 2. Allowing sei'vice of a writ, or notice of a writ, out of Ontario {Ridr 422). 31, 1 til til I w % I 1 I i I li 92 nUTLiNK oF AN A(TION I'XDEH APPLICATION in Chambers— c<'»«/(hi/"/. [When* tluTt' is »i li(K';i! }i\iisivx wIk alius nnf practvir (ts (t hii rrisf.r or :straet oUh. net, nov oUhe tollowu., Rules. 2. Iiitt'Vplt'iuK'r. W 1 14. AiliniuiHtriiti<»n. 70 Duty of otVunul ^'uardiun of infants. .. " " r,t H„w s..rvi«. or .iu.l.nm.nt or o.-,!..,- .m infants ,„• „„„-,-..iiil".t.'s i« t.. U- l.i.i'ln'K'- ■ .« t.. -2+7. 1 ."Visions as to ref.-.v.s an.l «Ut,.*>,s. 27(i to 2Ml. ■■ " . . •.«,i to :«)(). t'o.nn,issi.msto..Nion.n.-w,l,u-s..s. :W, to:W7. (ionoral provisions as to to,.,.c.l..s-nv sal-s :«,:t;:u::t:,..ri™>n.istau..sin^u.i.u.„tsor ordt'i's, 8(1(5 to :i7H. Attachnu'nt of deUs S0-> to m. Transfer an.l consolidation ot actions. ^Bl>Ulntc..locntoi.yoi.ac..sastoni— ^^ junctions or interim preservation ot propcitj . 404 'to 4i I. Motions an. what to contain, 10, U. how entered, '••. undertaking to enter, 10. by partners, U. ., ^ n in actions for recovery of land, ii • I'^'liS'-lfter time .imi.ed for, notice to be served, 10 ;;.; K sJ asKk when address given illusory or fictmous, U. limiting defence in, 12. ATTACHMENT (of person), «1. (of debts,) Gl. AUDITA QUERELA, abolished, 00. 'I 96 INDEX. CHAMHKRS. applirations in. '.•!, !•■_'. a])j)eals from, !'2. ('HAN(;K ok PAKTIKS. by mairia^c, death, ctr , If*, (!I.AIM. S,r SlAIKMlAP (ih ("l.AIM. CLOSK OF l'l,KAI)IN(;s, 4;;. CONCUKKKXr WRir OF SUMMONS, 3. COL' NTICK-C " F -A I M. .Sir Skt-off. COL'N'IT COUR'I' JUlKiE, powers of. in riiambcrs, 02. (:ONFI;SSION, of dcfcnrc. 7S. CORl'ORAllON, service on, C DEFAUJ/I", of appearance, l.'J 1 \ INDEX. 97 DISMISSAI, OK ACTION, for want of prosecution, 2'2 — 4»5. for non-iiroduction, HH. for non-aitpcarancv at trial, 50. DOCUMKNI'S, (liscovtry as to, .'{:{. atVulavit on prodiu tion of iKJ, H4. aclmissi. KVIDl'.NC'K, generally, S:|-S7. hy affidavit, S5. omitted at trial, how supplied, SI. .EXAMINATION 01> I'ARTIKS, 31. when to be taken in short hand, H2. who may he examined, H2. time for takint^ out order for, i{2 cost of, :j2-:]:{. how used in evidence, 32. EXECUTION, interpretation of "writ of,'' 58. interiM-etativin (>: "issuing execution," 58. on judgments, 5t!. writ of, duration of, 511. writ of, renewal of, (iO. KIM NO, "delivery" includes, :{!>. CUARDIAN, service on, 17. INDORSKMEN'I'S ON WRITS, 2. INT ANT, guardian of, 17. service on otiticial guardian for, 17. INSPECTION Ol' DOCUMENTS, order for, ;55. disobedience of order for, 35. ISSUES, may be directed, 44. 1^1 m m f)H INDEX. it JOINDER OF CAL'SKS OK ACTION, iV.K ill a< tion for recovery of land, 70. claims !))■ assignee in insolvency, 70. claims by or against luishand and wile, (0. " " executor or administrator, ",(). " " i)laintiflrs jointly. 7 . a|)|)lication to (online (aiises of a( tion, 71. JOINDKR OK ISSL'K. .Vr Ci.osi; oi I'lKAhiNcs, 4.;. JUDCMKNI, in default of appearance, l.'{. " " where writ s|)ecially indorsed. II. " " where claim for deht, etc., and writ not specially indorsed, II. in default of appearance where ( laim for detention of goods and damages, 15. in default of a|)pearance where writ indorsed for account, l.'i-W in actions for recovery of land, l< in a< tions for f(jreclosure, et( ., M where tlefendant under disability, I' for want of deltnc e, 2;!. " " when claims lor liquidated demand, •.'.■>. " " " " detention of goods and damages, 21. for want oldefence in actions for refoviry of land, 'M. " " in all other a* tions, '*^t. under order \., 1 1, .setting aside, in default, 1 I, '»l, S7. to he only on facts proved at trial, .M. delivery or postponment of, on motion lor. SI). pending apjdication turned into motion for. !H». motion lor. '» I -;"»,">, .S7. motion lor inunediate, !MI !tl. motion tor. after one year, S". entry of, on motion for, r)4. how enforced, 5(1. " " against partners, 5f!. admission of hy third partv not appearing after service, . MMli'lNC DKI'ENCK IN AI'I'K.XR.XNl i:, 12. MI.SjOINDKR, fiO. MOTION, f(jr judgment. Sfc J u i •(;m knt. for immediate juilgment, !>()!' 1, to set aside judgment and enter another, 87. for new trial, 5^. INDEX. 99 N I'AV ASSK ;N M I:NT, abolished, 74. NKW I'Rl \l., motion tor, 52. lime to move tor, r».'{. judj^mcnt on motion for, '}'A, 54. NON-SUIT, clTc'( t ot judgment of, 55. jinlgment ot, may he set aside, 55. NUl r.UII.I V BY STA rU TK, 2!». NOriCK, in lieu of claim where writ specially indorsed. 22. to produce, '-W. to inspe( t, '•>'>. to admit, IS. ol trial, 15. pKailmj:,, 75, 7<». i'AK I'U'UI.AKS, appli. classes, (14, . application to add or strike out, . " facts presumed in favor of party," 75. " facts burden of proof of which lies on opposite party," 76. pleading " malice," 75. " " fraudulent intention, 75. <« " notice," 75-70. «« " implied contract," 76. " documents," 76. matters arising pending action, 76. (1 u ri-EAS, " in abatement," and " new assignments," abolished, 74. PRODUCnON OF DOCUMENTS, order for, 33. affidavit on, 34. disobedience of order for, 36. QUES riONS between defendants and third parties, 30. RECORD, withdrawal of, not allowed without leave, 71. RENEWAL, of writ of summons, 8. of writ of execution, 60. REPLY, when to be delivered, 3J). • , - , counsel to have, on moving for new trial, o4. REPRESENTATIVE CAPACITY, to be stated in writ, 2. to be denied specifically in pleadings, 74. INDEX. 101 REPLY. Sir Pi.kadings. when to be delivered, :{J*. . . ■ , in no pleadings suhseciuent to, other than joinder ot issue, 4«>. SERVICE, of writ of sumnKjns, 3-7. SET-OFF OR COUNTER-CLAIM, effect of, 2!>. what to state, 2!>. judgment for defendant on, oO. application to exclude, iiL .unendnient of, 37. disallowance of amendment of, 38. .S.s .S•.>. THIRD PAR'TIF:s, . questions between defendants and third parties, HI. service of, ()8. appearance to be entered by, (jD. 102 IX HEX. TRIAl,, aiipliralion lo ( li;iii,uc phu c ot, 14. iioticr of. 4."), 4<>. diivdiuns of Jiidiic as to iikmIl' dI, 4.). cnlrv liii\ ll. evidence omitted at, !iow supplied,;)!. ])()slpi)nement ot, •>-. motion for new. ">-. UNDKR lAKINd TO KN TKR APPEAR-XNCK, 10. VKNUK, no local. 44. to be transitorv. 4 I. VACATION. I.()N(;. pleadin-s not to he amended or delivered in, -IT. Wkri'S ()!• SI "MMON.S, how issued and prepared. 1. indorsements to l)e made on, !. form ol. '. concurrent. '•'>. 4. renewal ol. ".». amendment ot, \">. Srr Skk vkk. WRIT OF i:xi:("i;'ri()N. .s;, kxixition. renewal ot. '!<•. WRIT Ol' i'OSSI-,SSl()N (lan<1s). til. WRIT ()!■ l)i:i.l\'l-RV (r!i;ittels), . Oni.. and , ..rjish .inl CaiKiili.ui casi.' MvaiioiiN iL-^pcctinj; the i .•ir wivrs. '1<| which is sialuU-s ichiliiii', l" I ho 1 Hcl wunuu. of ,lu.ir real o,.Uc. I'V Richard Tl.nma. ,,f ( )-,-(....!.• Hall, l'.arrisloi-al-1/nv. Svn. ()5 p .. '''"■••,■ The Divrsioa Court Act- Rules and F— -- ^'H -"- ' "">- „.'ai.ai|..vMU- in..,xvlin-^ .11 D'.vimuii ml L'X'il Miiliiry notes, niiny new an^i Divi.i.in C.HUl Liiiiits, uCliMUer nn 1' i,,i-,ui, and 1 vriyeonipKic Index. 1. •i,tcr Ill-Law. .(.nipiier ..f Harrison ^ ' llH-edilur, Mrilu--Ca,Kulal.awjnnnal. ^ ^^ „,;,,,, '■'';;'' ^'^r A Jf'nf laiin w h'nu'uJrouVi'nu-lieal and ,; 1 • i'eei>iun. in the ( )ntari.. C'.mns alleeln,^ "^r ';",*,; ' The'^iil statutes E.lating^ Os,ood;HaUE;a;mation^(»uSions;.,......w 1,„ I ni unn aim St'i.lenl's tiude, a colKrtiun of ?;; ; i::;::n,, Y:™:,:..:';i.l tv'!t*in, ''cl;".™^' 'I -;; Clerks. Uy Calvin ihoune and Kdwar,l M. LhaduuU. IKmy ^ ^ Svo. .^S^pp •■• i""" v' ■■<■,!.;'.""" I* '7 i-isVoJ^vi). 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