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Lea disgrammaa suivants illustrent la mithode. ;.(!.» =d= . 1 6 'i 'f-vi'S ,^ ' RUI PRACTICE ( FORMS OF m UNDER THE 22 Vic. cap. 19 ; 27 & 28 Vic, 22 Vic. cap. 22, sees. 2 FRAMED BY 1 ■ And WITH PULL REFERENCE] BY HI COPP, CLARK & GENERAL 31 RULES AKD ORDERS •FOR REQULATma THE PRACTICE OF THE DIVISION COijRK u p IN ONTARIO, ANQ FORMS OF PROCfEEDINGS THEREIN • UNDER THE PROVISIONS OP SEVERAL STATUTES: ' - S2Vic cap 19; 27 & 28 Vic. cap. 27; 32 Vic. cap. 23; 22 Vic cap 29-23 Vic c«^ 22 V.C. cap. 22, sees. 292 etse,. ; 22 Vic. cap. ,7; 32 Vic. cap. Z', s,cl W^ "" tt seq. ; 27 & 28 Vic. cap. 6.) , :» FRAMED BY THE BOARD OF COUNTY JUDGES^ • And Promulgated Ist July, 1809. / ■ ^ W.TH PC.L nEPEBKNC^ TO TH1= D.VmoN COCB«, ACTO AND TO ^^ RULES AND FORMS, &c. BY HENJSY O'BRIEN, Esq., irrtster-at-law. , ' i 'i t TORONTO: COPP, CLARK A CO.. PRINTERS, KING STREET EAST. 18 70. 60- » ,; v INTRODUCTION. ^e Rtdes and Forms as promulgated by the Board of County Judge* no marginal references, and a few mistakes crept into the Edition k was printed from the matter prepared by the Judges. To remedy ■■ and to give completeness to the work as a Manual of Division rt Law, and to secure uniformity with the previous part, the Itor has inserted fiill and appropriate cross references in the majgin ^site the different sections, rules and forms. lie reader will notice that the Rules and Forms now published are size and shape similar to that of the former work of the Editor, and paging runs on continuously throughout This will be found con lent, and was intended to enable both to be bouixd together as one lume, which wiU then give the whole law affecting Division Courts . convenient and uniform style. \xe References to Rules and to Forms which appear in Ae margiii, pt when not otherwise specially denoted, are always, to the last Rules Forms of Jxfly, 1869. ^ * ro ascertain to what Statute the Sections referred to in the margin long, the reader must turn to the page appended to the reference, lich .will give the desired information. ie very foU and complete Index which completes this addition to the Won Courts Acts and Rules," has been prepared by Mr. Kains, •nster, St Thomas, under the supervision of the Editor. It embmces thing since the former^ Index, and with that forms a complete key |the whole work. tn conclusion, the Editor desires gratefuUy to acknowledge the very at assistance he has received from two membere of the Boaid of ^unty Judges in the preparation of the references. Toronto, April, 187a : r'-1S*\ J / *-- ^ «e*- y r ■ .1 "^ **\ '•<* -/. u ti. i;«, i' 'm0lj4f. K a «l, *6,,|tH w 4«ii^* PEEAJiiBLE TO 4 GEJSTERAL, JULES . OF 1st JULY, 1869 r^-lS>r 'X;-^-: •■*' n PROVINCE OF ONTARIO." " By the Division Courts Act, it is eriacted that the^^^g Woveroor may appoint and authorize five of the p- 33. ' County Judges, from time to time, to frame General Rules and Forms concerning the practice and pro- ' ceedings of the said Division Courts, and the execu- tion of the process of such Courts, and with power also to frame rules and orders in relation to any of the provisions of the said Act, or of any future Act respecting such Courts, as to which doubts have arisen or may arise, or as to which there have been or may be conflicting decisions in any of such Courts ; that the CoujlP^udges so appointed, or any three s^, ^ of them, shalimier their hands, certify to the Chief pr8S?'34. Justice of Uppei*Canada all rules and forms by them made, and that the Chief Justice shall submit the same to the Judges of the Superior Courts of Com- mon Law, at Toronto, or to any four of them, and that the Judges of the Superior Courts (of whom the Chief Justice, or the Chief Justice of the Court '> of Common Pleas shall be one) may approve of, „ disallow or amend any such rules or forms, and that p^w^' the rules and forms so approved of shall have the same force and effect as if they had been fnade and included m the said Division Courts Act. And whereas by the Act of the Legislature of this sec 28 Provintje, passed in the 32nd year of Her ^lajesty's P- 292.' reign, intituled << An Act to amend the Acts r e spect- »»« ,»> ■#• '$:' Mm i\^\"i ,1 ■ -K '{ t 814 / OBNBIIAL RULES OF JULT, 186% ing Division Goarts/; it is enaotea that the Countv " Tlf« « ' 'a ^t ^X^^*^^ «« ««>'«««id. shall be stZj thority from time to time, in addition to their present powers, to make rules also for the ^idahf« n^nt u and Bailiffi, and in relation to tht f„t aSdl^ tes' KnlL.^' amend an, rules or oli^VX And whereas the Lieutenant Governor of this Frovinco, in exercise of the power so ^\Z\. Z J- neral rules and forms concerning thl^J ^1 .proceedings of the Divi8i;,nTourl and7^^^^^^^ tion of the process of such Courts/and also to fS^; Courts Act, and any subsequent Act ot Acts resS ^g saoh Courts, as to whi2h doubts have aSn^ aay arise, or as to which there have been or ^f^K conflicting decisions in any of such Oonl T^,^® to make rules for the guidL:e oTciefetili^^ foriiV'^'iT *? *^/ ^'''''' «"d services to ^pS formed, and to the fees to be received by theiT thf''^^ T° P""HT^ 0^ the poweiB vested in us we SfvM Vr'^^'^'* ^°^^°' Stephen Jam^l' ^^]lt Jol^^HughQs, James Daniell, anrtluS Smith haye framed the following rules ordera ^n^ unS'ofh' ^- ^" *'/ i^ Courts,\nd to' b^ in force until otherwise ordered as aforesaid, and we do cer! ToEOOTo, 1869. -.**;>■ 4.; V £-J^l'^^;^»if»> .!♦*■ isi.ii\ ;>1'... ' .» ' -f RULES. see. , *riME OF OPEHATIOIT, ' ^ 1. The Rules of Practice and the Forms now in Frn,„w use in the several Division ConrtMhall, on atod from Autlm. the secodd day of Angust, A. D. 18691 cease to be iT^a^ used, and in lieu thereof, the following Jball, on and ^^.p. 84. from Buoh day, be the Rules, Orders and Forms in • lorce and used in said Coui-ts. But any action, process, ordet, judgment, or proceeding, pending ^ existing, or m force in any Division Court at that time, shall not be thereby Affected, but shall Continue and jemain,and so far as necessary be proceeded with under these rules and forms, if applfoablei or . ' otherwise under the rules and forms hitherto in ise. or as the Judge may direct. ' interprjetation. 2. In construing these Rules and Forms, unless • otherwise declared or indicated by the context, the • following words shall have the severaP meanings here- ^ ' . by assigned them over «ud above their several o?dinarv mean the Division Courts Act (Consolidated Statutes " ThfAct,- Act of Yfifirt ?>*'' ^V' ?;^ '^^ ''^'^' " the.."I..e Actof Act of 1869 shall mean the 32nd Vic, Cap. 23-^8«»" An Act to amend the Acts respecting Division Courts;; (2) The word "party- sfall me^an a pTrty ..^^:. to a suit or proceeding; (3) fhe word "person^ ..p^.-. shall mean any person, whether a party to a suit or ' "Zny^Ur.n1'/''\^l''''^^ "P^'^^"'' or "Person^ 0. hS^I i-f- °''^''^®' *°^ ^« under8fe)od to mean a -party - - body politic or corporate, as well as an individual; (5) The word " executor" shall be held to embrace and ..r. * '« ^g^gof JkjMt^^mL tc^stamei^-'Zg^ ^"^^ * - 4' -A U parres aotln^-as such «f tto^^^wi^27(6) i -S^ "AX^M-S. .S ,r f'-v- GENERAL BULBS, OP JULY, 1869. ".Admlnis tmfbr." .4 %*' M- Gender. ?' Sworn," "o^oath. ■ "Some Court," "Home ,Divi8ion." "ForeWd! Court, ''^ The Vdrd" administrator- Shall be held 40 embrace and express^* of the goo(Js and. chattels, rights anT singuiarW fjf^f^ ''Y''^ ^^^^^ &0.'- Q\ Evciy Word ilportiflj pionu. *^^f«f^« Dumber shall, wierenecessaiy/K? . , dorstood to meati ^everal persons or thin^ as well as one person pr tiing ; (8) Every word Sp^rS ffJ'^^f^fSendoi.ha}}, vh^re necessaryiCun^. derstood to mean a. female as well as a male- m The word "sworV and the words «on^a"h "'shVl or hi lffl^°^-J*' °^«^Vffi™ed 6r on oattt^tVa voce, ,or by affidavit or affirmatioiL; .(10) The words respectively the Court and Division from which W --. ^urt«rd^\^s^^^ " ^^ *• J»:' 3 « n? v"''^'^^ ^?°^' (12) The words/' Judge" 'ami h? > T^^'^^^'^y «»»»» be taken to extfnd aiid be applied to the Junior, Deputy, or Acting "Plaintiff" a:tl,'"^vT^l^^''V'' *^« cas^emVbe^r^ "B^r Ct>^%e?ntlPf Tif V^'^tiff" aa^^Defen. »^t... dant respectively shall be mutuaUy transposed ^ B^^^H °'T''^' ^f i^^ P'^P^' applicSion anfcoa: struction of any of tlijse Rules or the Forms heL "count." -CoCJ\n'''^ fr^ ^^'''^'> CI'*) The ad "Th?H^" " nnVfJiT -5?" J^^^'^^^^any two or more Counties The Claim ^°^?, «>J«dicial pu^^^^^ The words -thl ' fnr »v^K ""'^^ ^^"^ **'°^^°^ ^^« subject mMter tld^n'^ ^^' '^'^ n T^'^^r.^'^S is brooght or insti- sha?I l«n ''''°° ^°'''^' (1^) ^^« ^o^a " process'* snail mean any summons, writ, or warrant issued 6;t' aVfl^' *^C-r^ or Judge's'umUror ?^rrl'\ KW ^^ *"y ^orn» or proceeding, the words " united Counties- shall be introduced ^accordfeg to , law and circumstances rendering the same nec0# sary. , . CLAIM AND PARTICULARS.. •'Process.' "tfnited Cooaties.' ^J',^^^"^ claim should shew the names^infull, lltit ^T^' ^'^ t'' ^°°^° PJ^« of abode ofth^ L? fii-^"* f f ' ^ written '^fTa legible manner! and delivered Jo the Clefe, at his offide: provided, *-y ^ '^J 9. Idilo eipbraoe ' Is, rights and ' )rd iiuportijDg *8ary,*be un- lings, as well rd importing ssaryj be un- & male ; (9) -oath," shall bhvtva vocBf The words ^ shall mdan I which 'pro- Is " Foreign' ^ean respeo- ih process is ds/' Judge" >n to extend , or Acting ay be- or re- ad '< Defen- transposetf, n and con-, 'orms here- The wold re Oounties fords " the ject mlitter ht or insti- " process'* ant issued immons or the words cordfbg to . me necefa^' es infall^ Dde of the e manner, provide d t^- J-N ,*.;*.• GENBBAL RULES OP Jttf, 18fl». /" . t ; IMtf the Plaintiff is unacquainted with the Be- fendant's chriaJd&n name, the Defendant may. b^ J describcci by his surname, or by his surname atrd th6 initials of his christian name, or by-such name as he is generally knowi^ by: and the Defendant may be so described in the process, and tlie same, m&y be taken to be as valid as if the true c'bristian name and surname had been stated th'|°»ein ; and all subsequent proceedings thereon may be taken in conformity wUh such description i I or, when the Defendant's triie name is disQovefed, the proceedings, may be amended accordingly, on sucIl terms as the Judge thinks fit. > 4; The claim shall, in evei^ case admitting thereof, shew the particulars in detail ; anjd, in otheir cases, shall contain a statement of the. particular^ of the claim, or the facts coriiHtuting the cause of action, in ordinary and concise language, and tfie sum or sums of money claimed in respect* theretd : ..(The Forms 15 to 21 aHe ^venTby way oi illustratidii.) but in all cases the Judge, in his discretion,' and on such terms jis h6 tfenks fit, may adjourn the hearing for a statement of the particulars or further partica- lars. , - .. - ' ' 5. Where » !Plaintiff sues a J)efendant7 under the provisions of the Afct 27 and 28 Vic. cap. 27, the claim shall contain the following statement: "And the Plaintiff enters' this suit, and claims to have it tried and determined in this Court, because the place of sitting thereof is the nearest to the Defendant's residence." 6. In all actions in Division Courts against officers and their sureties (under the 25th and subsequent sections of I'Ge Act)> on the offiq^rs' Security Cove- nant, the |)articuiars of -the claim shall be according to the Form 18. The process and subsequent pro- ceedings to be the same as in ordinary cases jr.. Where a;party, having an unsatisfied judgment, desires to proceed under the l^Oth and subsequent ' sections \)f the: Act, he shallventer with the Ckrk a minute in writing according to the l^orm 27, or to the like effect, Which shall be numbered in the order 317 '^ 14, and ^4.,p;8.9. Forms 16 to 21. I 't '% See"Amend- mepts" poet pp. 888, 88a< Bee Bees. 85, p. 14, and.r4, p. 89, Forms 16 to 21. See! sees, in- serted afker- 7l„pp.*86 to 38, and Form of Execution 80. See sees. 34, 25, 26, 27, 28, 29, pp. 10 to 13, and Form 18, .< See pages 78 to M; and Forms 27 & 28.* '»■ h^l ' :~^ IT % i I ' . ^ I . 9Uk See Rales 160 to lus. ^■j»;,-. See sec. 69, note(0,i,.3o, and sec. 205. A19^ See aec", 34, p. 14,audr4, p. 8». Sec. 74, p. 89. ^ See page m and notes (o) and(<.c); p.' 88, note (to). See sees. M, p. 14, and 74, p. 89. See p. 75. note (o). GEUEBAL RULES '^,4Sjt I • . ^^"'^ section of the Act may be granted at any \^^^^ time by the Judge, on 'production of an affidavit, (Forms 8 or 9), or upon oath to the same effect, at any sittings of the Court, in which the action is to be brought ; and where a summons issues by leave of the tfudge, no written order for such leave shall • be necessary, but it shall be sufficient to insert in the summons *• Issued by leave of the Judge.*' ^ 17. When there are more Defendants than one, New. and they reside in different counties, concurrent summonses may issue for the service of the Defen^ dants residing out of the county in which the action is brought, but the costs only of the summons actually served shall be allowed on taxation, unless the Judge directs otherwise; and such concurrent summons shall correspond with the original, and be marked in the margin " concurrent sunmions.'' m e seal of the ^ed the day ori •red to corres- 3s, and, with 'hment, duly it under th™ be held to be of a debt or ^onal action, raummbns " ?bt or money 3 Plaintiff's rand detail ss may be a and may odule; and » li6u of the tioned Act. pocei^ shall led " Sarn- ie dated qn the 152nd all be by •s,*' but in ngs on the added the SPEblAL SUMMONS. ' 18. Every " Special Summons" shall be return- See Pom 28. able on the eleventh day after the day of service ^« "ecs. 75, thereof upon the Defendant, in case -the Defendant, vp lof^ih' ^ or one of the Defendants, resides in the County in ?S?»^S*^6. which the action is brought ; in case none of the «^d '^ou». Defendants reside in the County,, but one of them resides in an adjoining County, the Special Suinmons shall be returnable on the sixteenth day after the day of such service ; and in case none of the Defen- dants reside in the County within which the action IS brought, nor in an adjoining County, the Special Summons shall be returnable on the twenty-first day after the day of such service upon the defendants. IJ. In case a " Special Summons " shall nqt be SeeFomM. served in time to make the notice of the sittings of the Court at the foot of " Wu rnin g ff n 9 " nywilnM o ' tfi t - ■ 1 1 ^ \. See pp. 276 277, note (4 See Form 102 (3rd). 1 , I, • ■ H -+ ■"* GENERAL RULES OP JULY' ■i i •■i§''Mir^BT' for the information of the DefepdiMle Bailiff shall return the same forUmith to ttie 6^ who issued the summons and the Clerk shall add a new notice of the proper days of the week and month on which In^ ^1?^^' ''"'°°' ""^ *^^ C^^*"' are to be held, forser • "^ °'' transmit the same to the Bailiff afo?,?;^ Defendant giving notice of set-off or other statutory defence, or paying money into Court, or pleading a tender, shall be deemed to have siffi- ciently given the Clerk notice of disputing the Plain- tiff s claim withm the meaning of the Mi of 1869. n„fi\I!^^t° *^^ Defendant's notice of defence dis- putes the^claim m part only, the Clerk shall in the manner provided for in Rule 88, forthwith notify the Plaintiff thereof, and require him forthwith to say m writing, if he is willing to take judgment fbr V\tvT:\ '""^ '^ '^' ^^^^"'^ff ^^^' '0 notify the Clerk that he is content to take judgment for the To.tT'\ \' '^'i". ^' -«-«^ed thft he seeks to recover the whole claim, and in such case the Plain- tiff must proceed to trial as in ordinary cases. nf ?^ ■^"i,*'''^^ '^^'■? ^^^ ^^^^''^^ Defendants, and all mnn«'°ll, '' T^ H'° '''''^ ^^'^ ^ ^P^cial sum- ZTl r ^}^^f\the Plaintiff is content to" take judgment against those served only, judcrment oannnf 23. In case tbe notice required by the second section of the Act of 1869 has' not beeJ given by a sole Defendant, or by one or more of several Delbn- dants, (and the Plaintiff is willing to takeTudgmen agains those only,) and leave to ^dispute tttTat ^^- wh« r^i t^ '^''' ^^'^^' '''"'^^ °f the sumn^ios, and on the seventeenth and twenty-second davs respectively, where the sixteenth »/d fll^ S' "!L. • ■ ♦*r/'t.^ ,*fc, |Li-:^ll^*-iiii^iA'^i«;^i,M# , (^y" -I'.'iw^. ■^- 'H"^?:^ -i /■)"' 5^4 vl^-**"^. J»I« , GENERAL RULES OF JULY, 1869. m ,Je Bailiff shall '^rk who issued d a new notice QODth on which are to be held, e to the Bailiflf set-off or other ' into Court, or I to have suffi- uting the Plain- le Act of 1869. of defence dis- t shall in the )rthwith notify n forthwith to 3 judgment for I to notify the gment for the ^t he seeks to case the Plain- y cases. tdants, and all i special sum- mtent to take Jgment cannot i Act, but the ing before the >y the second in given by a leveral Del'en- ake judgment ite the Plain- e Judge, the * special aum- rvice may, on he summons, after sertice, second day days after the day of service are the return days of such summons, or at any time within one month after such return day, enter judgment against the Defendant or Defendants so served as aforesaid, for the claim, or so much thereof as has not been dis- puted, if the Plaintiff is content with judgment for such part. If the Plaintiff is not content to take judgment for the part not disputed, he must proceed to trial, as in ordinary cases, and the part of such claim not disputed, shall be considered as admitted and confessed by the Defendant or Defendants. 24. In case a sole Defendant, or some one or more Sae page of several Defendants served with a " spefcial sum- 2r6,»iote((0. mons," has or have given the necessary notice of defence required by the Statute, and the Plaintiff is not willing to take judgment against those Defen- dants only who have made default, the action shall thereafter be proceeded with as in ordinary cases, secssond* and the default of those Defendants (if any there be,) ^oteaig&hi who have not given the notice at the time limited ^' ^'^^' (unless the Judge gives them leave to put in such notice afterwards,) shall be considered as against them, a confession of the Plaintiff's claim. 26. In actions commenced by special summons where there are more Defendants than one, and M.orethan some of them have been served with process, but «»«,'^ef«a. have not given any notice disputing the Plaintiff's claim, and other or others of them have not been served, but have given a confession of the debt, the Clerk shall produce or transmit the confession duly proved to the Judge for his order, and when the Forj»68. Judge's order shall be procured, the Clerk may enter judgment therein within one month after the return of the summons against all the Defendants for the amounts claimed in the particulars, or so much thereof as has not been disputed (if the Plaintiff is content with judgment for part,) provided that the Defendants who have confessed shall have acknow- ledged the same amount by their confession, and ^ - * such judgment may be in the form 53, and it shall not be in the power of the Plaintiff to elect either to proceed on the confession against Bome of the Defen- >^.*-l -- - -„ -_^ — ^ ™ ^ » 1 "Pi >t.^ !? V. ■s,.S ^ '.'..it^'i, «fc». v^t^_^ n fi > I ,-JlU. Beo. 2. P«ge278, note (gg.) B«0ti0B 4 ,!>•<• 878. . GlWimAIi B0LES OF JtrtT, I8W. 4anfej, or to obtain final jucTgrnent against thnn^ 7>«- nnta UwEtst i. serrei, when ifhrdoTnot nut ^' the necesMry notice of'defenoo in 1?^^™,'^^^ final judgment ma, be .Igned ^^mS^uufii X«n ?„ A""""™^ ?'"^''«' the action .hall Plaintiff wishes to abandon those who defeBH^ nnt «gn,ng judgment against th^ who hate iZ Jinuted, ^ aforesaidfnntil the aoti'i a^",, jf£ determined, so as tq have bat one taxatiTof oMta afo«,id\i!f'lS.*'?i 7'"' ■»" •'«"' ».in«tod a, atoiesaid, m,y bi l,t I, h, d^fap^ „„ .^g^,,^; 1869. ^ ^ , ' aiost those Bq* t the judgrqeil. jndants joinlly. t two or mqt^ * and all saoh same day, the itered by such Jerred, may on Igment against 1 served^ enter Ing the fact of CTeri may so time falls due,. >es not put in ■ proper, time, alt; but if it ist One of the irred, no such ? sneh Pefen- taction shall (unless the • defend) not ) have been against all Is tion of costs, be giren for who dispute ;ment agaiust judgment be lem that ^\i^ f not intend- td Judgmeut amend his es of those the trial was len entered ! above and iudgMent at minuted ai a luffio is at c^iNHkiL nmMw3mii,vm. *'S-^ grounds fhown to the Judge as in any ordinary case iDf judgment entered in default of the' necessary notice. ' ■■.-"■ l,-". ;,-■ ,;s , "'^ ,.". ,■: . 80. In eiuie the Defendant Itaa given a confesrion Secttoni or acknowledgment of debt, and has not put in the ^ J^' notice disputing the Plaintiff's claim, the Plaintiff m«s either proceed on the confession as in ordinary oases^ or mi^ obtain final judgment under the Act of I86d, as he may elect. The costs and disburse- ments of transmitting such confession td the Judge to obtain the order for entering of judgment, shall be costs in the causes ~ ■Si. In case judgment be not entered by de&uU, seewc. a, on a special summons, within one montli^ after the ^^f^* return of the summons, the Clerk cannot, enter it i^mss. afterwards; but the suit shall not thereby abate or be considered as discontinued, but the plaintiff may ' J continue and revive the same at his own expense by suing out an alias summons in the ordinary form of summons to appear»(Forin 22), with the same parti- culars attachedf or endorsed as were attached to or endorsed on the '' Special Summons,'' which shall be duly served upon the Defendant in the usual way, and the suit may then proceed as in ordinary oases. 82. The judgment shall be entered by the Clerk JadgnMot. in the Procedure Book, according to the fbfm to these mice appended (No^ 62), in lieu of the <' Jb^ ^" in th^ Scheduto to the Act of 1869. 88. The execution to be issued on a judgment Execution, under the second section of the said Act shall be in the form set forth in the schedule of forms to these . rules. No. 77. 34. Where, under the provisions of sec. IS, of See paoe an the Act of 1869, a writ of eiectttion is required to '*<'** ^ be executed out of the Division, the writ maybe directed by name of o£^e to the Bailiff' of any of the Division Courts in the same County, but cannot be issued to the Bailiff in another County. The returns required to bo made under sees. 18 and 19, must be made to the Clerk by whom the process or document ^ i^b ee n iismd. -= r.' > ■ til ■^. '■*-^ir. : -r. m ^ r ■ ■ ■■ :,■'■' ^^V; ■■> " ^ ■- ■- -•: ATTACHMENTS. : '.■. ' . j ^'^ v J-^- '■ g^««.iw. 85.. O^e form of affidavit for an attaohment bM See Form 11 DO according to the Form 11 Tn ,"""*''"''"»»" »(i?- TonrL''' '*'"!"""".'" the fl^t insuSl^or New. nnH OT,^ Vi,« •' -t^'-cut lu lae nrst instanbe or not), and the summons against the Defendant shall no be personally servedfthe hearing or trfj «hal Z^oCir' ' ^^T' «^'^' the^.i.are u^ attf^.^^^ cealed debtor, each o«e of suchlttaching cr/dSs may enter a defence, call and exa^ine^^and c o^ examine witnesses as to any debt or claii proved^ attempted to be proved against the debtK the •f!n!lTK^ -^""^'^ ^^ personally to appear and de. fend the suit on any ground whatever. ^ 3!^ INTERPLEADER. 26CJ?/4;. s« .ec m 37^ When any claim shall be made to, or in A (z) (a; ff^Pe*'? to» any goods or chattels, property or securitv Stte! ^T- •''''n ''°' ""^ ""^°^«^ "°^«r the proceTof SX&^' wC^aTdlo^dT' '' ^ P^ ^^^« «' ^^^»' t^e^4 ;/« F; . ^/°V®°*' °'" '^J^ »°y Per^'on, not beinjr the #arty a^mst whom such procesJ has issued and summonses have been issued on the applioatiin of the officer charged with the execution of s?ch pro! ce^, such summopses shall be served in such time Ju^mirr "" '' ^''''i ^^' ««^^^«« of WSinaTy «. .« jummons to appear; and the case shall proceed asif attaching creditor were the Defendant. K Jnt 4?^^ claimant shall, not less than six days ltZ\f'J%^TT^ ^'' '^' t"^'' Jeave at the office of the Clerk of the CQurt, a particular of anv goods or chattels, property or secur?ty, aCed to be bim'lrtth t ""7"^'^ ^"^ the'^oS of'hfa - / of ^'^ r /^ °'^*°*'^ ^°^ ^''^"c^^e language; ^/ for what period, m respect to what premises the sam« • 4 S«« Forma 30 and 21. *%^l»'f I attachment shall n all cases where (ther the suit be 3 first instanbe or e Defendant shall ring or trial shall the seizure under out warrants of removing or oon- itaching creditors imine, and oross- r claim proved or he debtor, in the 3 the debtor him- to appear and de- er. made to, or in perty or security, er the process of or value thereof, )erson, not being I has issued, and e application of )n of such pro- ed in such time ) of an ordinary all proceed as if ihe execution or It. than six days d, leave at the a^rtioular of any y, alleged to be grounds of his icise language; mount thereof, smises the same O-ENEHAL RIJLBS of JULY, 18W. *- ■pf^ is claimed to be due, and the terms of holding : and any money paid into Court shall be retaioed by the Clerk until the claim shall be adjudicated upon; provided that, by consent, an interpleader claim may be tried, although these rules may not have been . i complied with : and the summonses, the particulars, SeoPomn and the order thereon, shall be according to theS'^'''^^ I Forms given or to the like effect. w. \39. In case .the claimant shall not have complied SoeRuiess! with the rule in respect of delivering a particular of his claim, the Judge may, upon such terms as he shall direct, order the trial and proceedings to be - adjourned, so as to enable him fully to adjudicate upon the 6laim on the merits. 40. Where the claim to any goods or chattels, New. property or security, taken in execution or attached, or the proceeds or value thereof, shall be dismissed, ' the costs of the- :|ailiff shall be allowed to him out of the amount levied, unless the Judge shall other. • wise order, i . , : ; .^ R^EPLEVIN. ' 41. In actions of replevin no other cause of action seepp aoi shall be joined in the summons, and 207, aad I • Forms 16, 42. Where the distress is for rent, and the De- *°** ^• fen^ant succeeds in the action, if the Defendant requires, the Judge shall find the value of the goods ?|'ca*r *2**o distrained, and if the value be less than the^Snrount 7' »• 2.' '- " • of rent in arrear, judgment shall be given for the v i amount of such value; but if the amount of the rent in arrear be less than the value so found, judg- ment shall be given for {he amount of such rent, and may be enforced in- the same manner as any other judgment of the Couvt»i 43. Where the distress is for damage feasant, and See statute "*" the Defondanfis entitl^ to judgment for the return, JJ "*'°- *» ^ if the PlaiotiflF requires," the Judge shall find the ' amount of the damages sustained by the Defendant, and judgment shall be given in favor of the Defen- dant in the alternative for a return, or for the amount of tJ^e damages so foi^d. ■f. ^ *■ » ,; 'i% £^i'^',t^iLL'^,d^i^-y>M- •iij5S«»,'A».«^|.'^.;^"i" ) m Bee ToMns 70 and 65. ^EmRAIiWlM Of JOLt; u^. ■»• ■■■«. -■ Beep. 46, 4 •«C:7,p.210, and Rule 180. See Forms 117 and lis, 8o"'<"' with snch i»g o^the wS*o?trfe^i tir'^" ••' «"« »«^ 4R T- ... "'^' '' *""«««"«« awarded. Olerk a eomont that tt„ ,5 f "? '^ '«"« »'«» the "P to be «noeUed and 2 '"" "'""' »•« 'Je«ve«>d -j^^evi«..:K^^ffS"af/hrd^r b.^i.S^ta;t"'»''«'«Mt,*o^ vied, «, stated in the writ Xr^'-I 'J •>« "P'- aignable to the Defend»T'.!5 ."^^ T'l '*''" >'<'»»- ■ment thereof may beTtfc„f^ ^' '^"'* °"'' "^sign- boiug yaried to e^orr^'^f/wUhX^-i^ 'O"-"-- bailiir ha, reK tCrr™ ?««"'*"". ""til the it, i'beoannotrepW the .n^'- °' """^ P"" «*• the Defendant hS^oi',-" m" ^ '" '">"»«1»<»'oe of County io whieh to°f Sit """" t"' "^ "•» not in the poMession of Ihe n.^T" "" "»■»« " other person for him ^ofendant, or of an, bet^eVoXe^Deft^dtrr ''1, ^''"''"» " "'«" b« found, by leavbe th„ .„/ T."-"'''' " '^ bo "Pnot of abode, wknislifa „, P' «'bi. usual or tot place tbe b.„e wherein'Le'l^sKl^S' '""""' "^ 4U'.'; a^t^ft'tiri '"« "S-"o„, in ■bAannei thereto i!^' *° "'"'" *"? 'boroof, and bon'd ^tar t «" •■•^, 'b« "i-te ofthe "■nesofthewitnesiiVeret"!^ "^ "" ''""° " f, im. wn, the judgmeirt turn of the goo(fa •gethcrwSth audi stain by the isso. »ge8 are awarded. I action of reple- Qto Conrt, under «I leave with the ond bo delivered 58 waiver of all the PJaintiff ac- n the said action and be discon- he shall take a rtj to be rople- nd sJhall be as- ond and assign- B, the condition rit. In Bcplovin" 'ant, until the some part of consequence of mo out of the se t]}e same is nt, or of any '■:* -■■,-4-?f*v OSNERAL RULII» Of JITLT, M h. Hie place of residence and additions of the sure- Ities. c. The number, quantity and quality of the articles of property replevied, and in case he has replevied only a portion of the property mentioned in the sum- mons, and cannot replevy the residue, by reason of the same having been eloigned out of the County by the Defendant, or not being in the possession of the pefendant, or of anv other person for him, he shall state in his return the articles which he cannot re- plevy, and the reason why not. (Form 119.) see Pom 50. If the Bailiff makes such a return of the pro- see «jc » perty distrained, taken or detained, having been & ^' '^ eloi^ed, then upon tKe filing of such return, a writ Corset. in Withernam (Con. Stat. U. C, cap. 29), shall L^'P'^ be issued by the Clerk, who issued the summons in ' •^levin, and beford executing such writ, the Bailiff shall take pledges (sureties) in like manner as in cases of distress. GARNISHEE PROCEEDINGS. 51. The affidavit (Form 40), required by sec. 6, of the Act of 1869, shall be made by the Primary Creditor, his attorney or a^onc, and should state (in addition to the facts required by that section) the nature of the debt sought to be garnished, and the amount thereof, if known to the applicant; and the application to the Judge may be ex parte. 62 The warning (Form 42), shall be endorsed on or subjoined to the attaching order is-sued under sec. 6, sub-sec. 1, and on the /summons referred to in see. 6, sub-sec. 4, and sec. 7, sub-sec. 1. 68. The service of the summons on the Garnishee shall in all cases be made at least ten days before the return thereof, and the service on the Primary l)ebtor Of ^Debtors, ten, fifteen/ or twenty days (according to the places of residence of the parties to be served), before the return thereof. If the amount of the Primary Creditor's claim exceed eight dollars, the service must be personal, unless' the Jute order J?therwifla j =4f«ieh d»im d oes aoi e»t>eed i^fat ^doK 111 .^> ' ' See sec. 6, ) page 281, 4 notes (oj (pX &c., and for Pornifl . setting forth nature of - debt, see Form 11 and pagel^^, uoteiUA-,s:'f *.:'^^w>V^*3'^f*'\.-'^ «»'-» .-■ fl«NERAL Bwi OF JtJLY. im See sec. 6, Bub-sec. 6,p, See sab-sec. See sub-sec. 6, and plaoe of abode: t"'S^i1'^d^^''T,S "' H requiring to be served. * " "" P*"™! «■;■ d4t J wi^"b;i'*fX'''K' '» '»" W-»H »fnr garnishee 8Umm?ns Ld if L^* ""*? "'*- """yf «^ may. 0- such sr.^ toiL^"::''' ""« •'•"^«^ adjoarn the ease unlil sach aenioe Z' 'ff«^l"'°°'.' may also order any other Der^n f„ K. fH '""^ .0 such snU and ^ be aern':Kh7.tH may be made on any Derao,^, „. ° P*T°'*' •"" j.^Jhe„der.or in/nroZ'rnrrttl^^^ .-».,^ber;e"etdorfotll?*^'T'7 »«'>'»' h"i"g ♦4«Jg.e„t.,ai.tret«Jr^r^^^^^^^^ ^s^ vS^^rrdZranTcofe^^^^^^^^ ment shall be filedCh tlrCe^t oT?l1'^"''';J"''e- • tioned Court, rirevinii«. t« .vl^ • ^"™ 'first, men^ against the oShet ."*'"'^"^"''»™'"<'»» Bee sub-sees flQ xr^ . -^ the Primary DebtoJ «tn»-'^^'"?' S''«" «g»"«'' >3e be firsLbttdrrth^rdt """ """ P""- sum'„y,'s':&i;''„r:h:7i"""'' " ■"•"^' ^"^^ time and place the C. ^^'' '•?'>'™«'>leatany "pon the Sarlh^.SarTLSrl'"' ''°'' u'.-^""* ..Primary ore^t:n;^g:?X^::ya^;;^ See pp. 288, .889, and note (0, p. ■■ \ • *t^^ •>• !*'*' '\ T, 18«A Q all oa^Ss^nDieflsl erved witjr everyf Jrved, the Judge may. seenK meet, ) be eflfected, and! be made a^artj such strmmoQs. sbee proceeding, be personal, but ons to be named leras^the Judge y Debtor having return of such ^gainst him by iies required to ly give the same )rdinarjr cases. >. 6, sub-section Br than that in ined judgment >tof8uchjudg- }uch>^rst.men^ f the smuDQons I Garnishee to given against for that pur- i must be by Jrnableatany t, and calling or such other scretion shaH ki over, the 3 odl^ upoq '%■ Mon some grownl dwelling or usuall Jg of the person! GENERAL RULES OP JULY, im. ,r^ X'.-.\' by ttie summons, changing the form ,to suit,^to sliew kause why he should not pay the monejT to the Primary Debtor or other person ap^ying. The '- ^rder, if granted, may be in accordrnce with the mmmons, and may be granted if parties summoned ^ lake defeult, OT otherwise, as in ordinary Chamber ^ oplicjittions in the ^perior Courts. "60. The bond to be given undejr section 15, shall Seepag^sd le executed by the Primary Creditor, or his agent, *JjJ y^^^^ withone sufi&cient srfrety in double, the amount of 47 a. °™ the debt ordered to be paid Jliy tho Garnishee, and • shall be an ordinary bond to the Clerk, by Ws name of office, condidpned for the re-payment-of the money in oasejjre-payiOent bCiOrdered, and such b(fed shall Ibe approved of by theVCierk. (Form 47.) 61. In addition to any costs that may be a'ward^d s/epage288. againsij a Garnishee under the 11th section,, if the Primary Creditor is obliged to issue execution against him, the costs of such e^cutibn and the bailiff's fees thereon may be also levied of the Garnishee. m '-■^ , y" ■ , • . 62. The formS^ subjoined to these Rules for gay- See Forms 6, nishee proceedings shall be in lieu ot the forms for S'S'lS't?' like proceedings in the schedule of the Act of 1869, 47(r'X86;87; knd the entry in the. debt attachment book shall ^^'^^' commence when the attaching order or garnishee summpn^^as the case may be, first issues, and each subsequent proceeding shall be entered therein when* taken. ' \ .« 63. In thte proceedings against Garnishees under the CoBbmon Law Procedure Act, sections 292 to 296 inclusive, the forms 48v 49, 50, 90, may be used ; atid the $ame proceedings may be taken in the Division Court against the Garnishee as provided in the Act of 1869, and in those Hules and Forms, made under the sard Act, as far as applicable. PROCEEDINGS BY AND AGAINST EXECUTORS ^ AND ADMINISTRATORS. » 64, A party suing an executor or administraror, may charge in the summons, in the Form ,32, that the Dafondaat hag aasats, and ^ wasted them. 1 •i ~ 4' i •■-' ->*' See sees. 292, 293, 2W, 295, 296, on pp. 216 to 217 inclu- . slve, aud pp. 296 to 299 iuclusive. See sec. 67, pp. 28, 29, note (i). aftd Vi» F& 9 J a I <■• i' »-tS|~ sso V 'OBNBRAL EULES OP SXTLY, 1869. ^-'j See forma of ■ummons 31 and 32, also minute of Judgment, Forms 60 and 67. See Forma 61, 83, 84. See Forma 62, 83, 84. Bee Forms 63, 83, 84. See Forms 64, 83, 84. (!^( 65. In all oases, if the Court shall be of the opi- nion that thie,Defe{adant has wasted t\^e assets, the- jadgmBB^i^iy|l be/ihat the jdebt or damages, and costs shall be levied de bonis testatdrts sif dec, et d nouy 4e bonis propriis ; and the non-payment of the amount of the demand immediately, on the Oouct finding such demand to be co^cU and that ih6 Defendant is, chargeable In resp^KBt fif assets, shall be conclusive evidence of ^^^9m^J^ amount with which he is so chargeab]i#j) ^ ymi 66. Where an ^eicetntoji^oliilminist denies his representative <^arM||l, or aH^es a release to him- self of the demai^^^Hfether be insists on any other ground of defence^ not, and. the judgment of the Court is in favor of the Plaintiff, it shall be, that tjbe amount found to be due, and costs, shall be levied de bonis testaioris, &c.j et^ si non, de bonis propijyt, 67. Where an executor or adminisi^tor admits his representative character, ^nd only denies the demand, if the Plaintiff prove it, the judgment shall be, that the demand and costs siball be levied de bonis iestatoris, .Agira",iiS*fta,»<.J8te*^»-^.'V. ~r4it^3,%i,\iJ8k-^\ .'-I^^Sk^iSnAit^t.'H^ .-,5f> ' ■;; ■^■"■' "i.'^^^Zi^itw^: : ^■"M OB^Eim* RULB9 OP JULY, IMft. 331 / Jp them,, and <5a«»t8, de bonis ^siatorts, ~ 71. Where a Defendant admits his repreflentiilve _ character and the Plaintiff's demand, hot ftlle^ a total or partial administration of ^he assets but do€» see WsriM not prove the* administration alleged, the judgment **» ^» ^• ^shall be, to levy the aaotuit of the demand, if sf much assets is shown to hstve come to the Defend^ ant's hands, or so mach 9M is shown to h&ve oome t< them, and costs de ifoni* testatorfs si, dcc.y et 8i non, as^ to the oostd. de^honis proprtis; and as to the residue of the dftmand, if any, judgment of assets, .quando acciderint. ^ 72. Where judgment has been given ag%in8t an executor or •administrator, that the amount be levied .upon assets pi the deceased, quando acciderint^ the Plaintiff, or his personal representative, may issue a summons (Form 3C) ) and if it shall appear, that . ,^«. assets have come to the hands of the executor or adminisU'ator since the judgraeni, the Court 'may order that/the debt, damages, aad costs bei levied de See Form 67. hams testatan's si, &o., et si noit, as to the costs, de i>onis propriis : provided, that it shall be competent for the party applying, tp char^ in the summop, ' ^ ihat the executor or administralor has wasted vie . ' - ■ . assets of the testator or intestate, in the same man- ner as in Rule 64 ; and the provisions of Rule 6^ shall apply to such enquiry .: and the^ Court may, if it appears that the party charged has wasted the ... assets, direct a levy to bo made, ist to the deb^ and costs, de horns iestatoris, dsct, el, si nor{^ de bonis pro- - priis. W^ -m . '•■1'^ ' -it t ' r^f^ * '^•'' -.^-^t^iK.* n V- \ f p ". . ■ ^ ?' ' ? y 1 IV s^ 832 GENERAL RULES OF JULY, 1869. 73. Where a Defendant admits bis representative cliaracter and the Plaintiff's depiand, and that he is vlge^', a^'d chargeable with any sum in respect of assets, he shall iiuie 2o! pay such sum into Court subject to the njles relating to payment into Court in other cases. ,74- In actions against executors and administra- SeoForm59. (o^g^ for vyhich provision is not hereinbeforaspecially made, if the Defendant fails as to any of his defences, the judgment shall be for the Plaintiff, as to his ' costs of disproving such defence, and such costs shall be levied de bonis testatoris si, cfcc, et, si non de bonis , propriis. 75. In actions by executors or administrators, if the Plaintiff faij, the costs shall, unless the Courl; sh'iill otherwuie order, be awarded in favour of the Defendant, and shall be levied de bonis propriis. Seo Forma 64 to 58 in- clusive. Bee ROCS. 33, 34, etc., ])i). 13 Rint 14, and nnU) (gV, seo also sec. 23, p.. 203. Boo Soo. 30, p. 14 ; sec. 42, ])ajce 10, l»(ito(ry); /(cc. 139, jip. tiO, 67 and noteH /:» CLERKS' AND BAILIFFS' DUTIES. . 76. The Clerk of every Division Court shall have an office at such place, within the Division for which he is Clerk, as the Judge shall ditect. J,^ ;-■ 77. The following books shall be kept by the Clerk, and the necessary entries fairly made tjierein, namely : 1st, a book to be called " the Procedure Boo!k," in which shall be entered a note of all Pro- cess issued, and of all orders, judgments, decrees, transcripts received, warrants, executions, and re- turns thereto, and of all other proceedings in every cause and at every Court ; 2nd, a book to be called the " Cash l^ook," in which shall be entered an account of all suitors' moneys paid into and oat of (yourt; and .'Jrd, a <' Debt Attachtfient Book," which books shall be according to the Forms 4, 6, 6, and kept, as nearly as may bo, in the manner shown in the Forms. 78. The Clerk sli^ll number every claim in the order in which it is received by him : the numbering Seo see. 74, tti «how the standing of the suit, in respect to the hole number of suits entered in the Coart for the en current year. Also see Rpf. 40, p. 10, luid H(H'. 20, pllgt' 202, note (nj)), and Forms 4j 5,0. V. 89, and Foriua 10 td 19. BS^^^^^ B ia i BaaagB aB V GENERAL RUL^ OF JULY. 1869. 333 See sec. 73, page 38, and sees. 78 and 7», p. 41, notes (fl) (d), sec. 18, page 201, and note 79. In any case where the proceediog by Special see sec 2 Summons is warranted it shall be adopted by the p»k«276. ' Clerk unless otherwise ordered by the PMntiflF. '^«te8(6),(cx 80. The Clerk shall annex to every summons (whether original, alias, pluries, or renewed) the copy of claim, entered with him according to the 3rd See also .Rule; and to each copy of summons to be served, ?rand%4' shall be likewise annexed a copy of such claim j and p-^o- • ' the Clerk shall, without delay, issue the same for service. ■ 81. In case process is-Tsfequired to be served in a "Foreign Division" and the Plaintiff does not ^ect, and the Judge or Clerk does not make any order as to how it shall be served, it may be trans- mitted by mail, by the Clerk issuing the same, (on receiving the necessary postage and fees) £0 the Clerk of the division where the same is required to be served ; and such last mentioned Clerk shall forth- with deliver such summons, or other process, to the Bailiff of his division, to be executed; and such Bailiff shall serve the same, and forthwith make return thereof to the Clerk of his Court, in the man- ner required by the 90th Rule, and such last men- tioned Clerk, on return made, shall forthwith trans- mit the papers, by mail, with the necessary affidavits of service, if effected, or if service is not effected, with the proper return to the first mentioned Clerk. 82. Every ordinary summons must be served ten, fifteen or twenty days (acooifling to the resfdence of the Defendant) before the holding of the Court at ^ which it is returnable, Tneither the day of service nor the day of l^olding the Court to be counted), and where any such summons has not been served, another summons, or successive summonses, may be issued. 83. The returns required to be made by Clerks under the ilst Section of the Act, shall be according to the Form 116, and shall be made immediately after the 30th day of Juno and the 31st day of De- Jggg^i'^JP, eagkj^^jd th Qui an y special order irom Sees. :i^,%, 77, pp. 40 tt, seq. Sec. 41, p. 10, Form 116. 4 ;i ^f n ',?i ■T|.- ' 1-^.^i :- aj 4 834;. GENERAL RULES OP JULY, 1869. Sec. 43, p. 1/, 84. The list of unclaimed moneys, required by the ormii6. ^gj.j section of the Act, shall be made under oath according to the Form, and shall, in the month of January in each year, be transniitted by the Clerk, together with the moneys (if any) therein mentioned, to the County Crown Attorney, and if no money remains unclaimed, the fact shall be stated in the affidavit. 78%l^m^^' ^^' -^^ summons, under the 160th section of the notes '(/;), (0, -A-ct, may be served by delivering to the Defendant RuVe"?''"''^ a copy thereof, and shall be served ten days at least before the day on which the party is required to ap- pear; but th^^rvice of such summons at any tin\^ before the d«Pll?ppointed for the appearance of such party m^^b^ lileeraed by the Judge to be a good service, it il shall be proved to his satisfaction that such party was about to remove out of the jurisdic- tion of the Court. New. • See sec. 23, p. 293. jtl H! Sees. 87, 88, p.46,note(()), !i. 126, note x); sees 90, 91, p. 46, Form 102. Rules 20, 21, 29 and 30, Sees. 87, 88 and 91, pp. 46, 46. Fona 102. Beo. 86, p. 14, note (mX 86. All the papers in the cause received or filed by the Clerk shall be kept by him together in the original summons, and be produced by the Clerk at the hearing of the cause, or when required, on appli- cation to the Judge. The original summons, in all cases, shall be printed on a half-sheet of foolscap, in order that the papers may bo so kept therein. 87. The notice of payment into Court under sec- tions 88 and 91 of the Act to be given by the Clerk, shall be. according to Form 102, sections 9 and 10. [The lectton here numbered 68 thould be 87.— See p. MO, Form 68 (c).] 88. Xn case the Defendant shall have given the Clerk notice that he disputes the Plaintiff's claim, or any other notice of which the Plaintiff should be - informed before the trial, or if the Defendant has given a confession, or failed to give notice of defence when required, the Clerk shall immediately send the Plaintiff notice thereof; (Form 102, as the ease may require.) 89. In every case in which the Clerk is required ta taxuoBtJf, ire i^ati urake'Dnt i"biti tir dBlilt, Iffd " the same shall be endorsed upoti or annexed to the Form 114. MI^IHittHBH ^^■MH ' mf^^i^i^i^^^p-'l,.- ^-^^^Ss^r^'** Wi"''^'^"'^^ T^^T^^f^'^^ ~ GENERAL RULES OF JULY. 1869. original summons, and may be in the form shewn, fJ^'.^A^^ ^fi^ reoeiving summons for serdce from a Clerk, shall, withm six days after service has been effected, make a return to ^ch Clerk, shewing the mode of service, and for every such return and amending at the Clerkjs office to make the necessary affidavit of service the Bailiff will be entitled to a fee of ten cents, to be allowed as costs in the cause: re1urn\ffl°'' S' entitled to such fee unless the A S «,t! ^ ^ "^^' ""'^^'^ *^' «^^ ^*ys mentioned. fh« R«TlfJ'\ I summons has not been served, the the Bailiff shall, immediately after the time for service has expired, return the same to the Clerk, stating the reason for non-service, iu writing, on the back of the summons. 91. The Bailiff shall attend every sitting of the Court at the place appointed for holding the same at such time as shall be required by the Judge and see that all suitable preparations are made for the proper accommodation of the Court. He shall make all necessary proclamations, preserve «rdeV, call the parties and witnesses, and perform such other duties as may be imposed by the Judge. And for calling the parties and their witnesses he shall be entitled to receive, m every defended case, the sum of five cents to be taxed as costs in the cause. inf* ^}»eB«'|if shall keep a book (See Form 126). to be called -The BailiS^, Proces,Book,"^ and he Frl!" u^Tl° ^ery warrant, process, order or Execution which he has been required to serve or WW if' *°i.^?*'u" '°?''' ^'■^'^ ^'""^ t« *'*'»• therein, What he shall have done under or with each said warrant, process, order or execution, and if the same be not executed or served according to the exigency thereof, why it was not so executed ot «erved; and the Bailiff shall, at all reasonable times g^jeto a suitor or his agent every information he may require as to the execution or service, or non- execution or ima-servipp of ony -wnrrant^ ILuZ ordeFor execution which haruT^ilT^ -^r^- 335 Sec. 79, p. 41, notes (c),(dX and sees. 18, 19. p. 291, note (jp). Sees. 182, 183, p. 91, and 184, p. 92, note(n). Sec. 23, p. 293. Sec. 79, page 41, note (c), and •ec. 28, p. 293. Mi. i -■*> -r*',- 836 Note ((/), page 121. Form 126. See. 23, p. 10, anil sees. 186 and 180, pp. 92, 93, n()te(p); sec. 23, p. 293, anil noto(p), p. 68. See note (p), p. 6$; 8ecB. 148, 149, p. 72, note (y); ■ec. 186, pp. 02, 93, note ), and sec. , page 293. Sec. 186, p. 92, ftiid sec. a»j p. 2 93 . GENERAL RULES OF JULY, 1869. instance ; and the book so required to be kept shall at «11 times be open to the inspection of the- Judge or Clerk. . - , ' . 93. At every Court, and n I; such other times as the Judge shall require, the Bailiff shall deliver to the Clerk of the Court a statement or return on oath, (Form 126,) of what shall have been done, since h^l last return, under every warrant, precept, and writ of execution, which he shall nave been required to execute. 94. The returns mentioned iu the 93rd Rule shall be filed by the Clerk in his oflfice, and be open, with- out fee, to the inspection of any person interested ; and the Clerk shall examine such returns, and if found correct and complete, within ten days after the receipt thereof, endorse thereon a memorandum in the following words : "I have carefully examined* " the within return, the same is full, true, and cor- " rect, in every particular, to the best of my know- " ledge and belief. Dated the day of "18 . , Clerk." And if such returns be found by the Clerk to be incorrect, or incodplete, he shall forthwith notify the same, with the particulars there- of, to the Judge, and if no return be made, he shall notify the Judge thereof accordingly. 95. In case the Clerk shall receive money for any party, by virtue of his office, he shall, without charge therefor, forthwith notify the party entitled thereto, or the Clerk from whom he received the transcript, that the same is received, and subject to his order, and if he shall fail so to notify the party and pay over the money upon demand, he shall be subjected to the loss of his office. 96. Every Bailiff receiving any money by virtue of his office, shall, within six days after the receipt thereof, pay over or transmit the same to tbe proper Clerk, and neglecting or failing to do so, shall be j subjected to the loss of his office. 97. The Clerks and Bailiffs of the Court shall not I upon anj preteoce whatever, withhold any moaeya .-*f... "-in : I \-.;'i / - 337 Sen. 63, page 19, note (v); sec. 185, p. 92, and sec. 23. page 293. GENERAL RULES OP JULY, 1869. received for suitors, on the ground that the Clerk or I3aihflf may be indebted to the officer holding such money, either for fees or costs or otherwise ; but all such moneys, when received or collected, shall at' once be duly paid over to the order of the party entitled to the same without reference to such accounts. 98. In case the proceedings in any suit shall be hindered or delayed by the neglect or misconduct of the Clerk or Bailiff of a Foreign Court or of the Home Court, the Clerk or Bailiff causing the same shall forfeit all fees in such 8uit,xand shall, in ad- dition thereto, pay any loss or damage that may result from such hindrance or delay to the party suffering therefrom. 99. No Clerk or Bailiff shall, directly or indirectly,"^ purchase or be concerned in the purchase, or have any personal interest in a suit or judgment or claim m suit, m the Court of which he shall be an officer, and any Clerk or Bailiff transgressing this rule shall be subjected to the loss of hi^ office. 100. No Clerk or Bailiff shall, either by himself Sec. 23 p or his partner in business, be engaged as agent for ^^^- ' any party, during the conduct of the cause in Court, and any Clerk or Bailiff transgressing this rule shall be subjected to the loss of his office. WARRANTS OF COMMITMENT. 101. Warrants of Commitment shall bear date on s«cs. Ubtt the day t)n which the order for commitment is entered 8? ;f,V"' in the Procedure Book, and shall have endorsed 2."*" ^'^' ' thereon the amount of debt and costs on such pro- wandSe: ceedings, or of fine and costs up to the time of its dehvery to the Bailiff for execution, and shall con- tinue in force for three calendar months from such date and no longer, unless renewed by an ex parte * order of the Judge, upon a^davit, showing the cause ot the non-exeoution, and that the moneys payable thereunder have not been satisfied. ' • ♦V, ^^ni V^^ I'ehewal of a warrant may be made by Sec». m, « Sec. 157, p. 77, note (h); sec. 185, p. 92, 93, note(p); sec. 23, p. 293. ^**%'^ •*J^a^ '^^^ S »/J \^^fV M8 GENERAL RULES OP JULT, 18(59, V !■■■.*.■ Forma 93 Sec. 2, page 276, notes Q). (c), (cc). Forms 22 and 23.) Bee. flfl, p. 84. note(s), thereon the following words : " Kenewed by Judge's Sd96 ^^' ^ ^^^^ ^0' t^J^ee months from the day of A.D. 18 . ^ ^ SP Y- -, •' Clerk." 103. The Bailiff or other officer executing any Warrant of Commitment, shall, at the time of deli- vering the party arrested, with the Warrant, to the Jailer, indorse on the Warrant the number of miles, shewing the amount of mileage, and also state, in writing, the actual day of tbe*arrest. AMENDMENTS. 104. In case a special summons is issued when an ordinary summons should be issued, or vice versa, the same may be altered or amended by order of the Judge, either before or at the hearing, on such terms as the Judge may direct. 105. The Plaintiff shall be allowed to amend his proceedings by striking out a Defendant's name at any time upon payment of such coats as the Judge shall order, or the Judge in his discretion may allow' the plaintiff to make such amendment, and order a judgment to be entered as in case of non-suit against the Plaintiff in favor of the Defendant whose name has been struck out. 106. In case an action shall be brought in the name of an assignee or person beneficially interested upon a chose in action which is not legally assign- able, the Judge may at any time order the proceed- ^ ings to be amended, by substituting the name of ^he person legally entitled to sue for th'kt of the Plaintiff, upon such terms as to indemnity for costs or otherwise as to him may seem meet. 107. Where a party sues, or is sued in his own right, and it appears at the hearing, that he should have sued, or been sued, in a representative charac- ter, the Judge may, at the instance of either party, and on such terms as he shall think fit, amend the proceedings accordingly; and the case shall then proceed in all respects as to set-off and other matters, Seo. 69, p. Seo. 69, p. iW4. r %£^} »■■,, ■ QEKERAL rules op JULY, 1869. r J » \ '<'* ' ■V'.- as if the proper description of the party had been ' given in the summons. i' j "« ueen ,J^^\^^^^^ '^® °*°'^' °^ description of a Plain- fjVl'' f«ir°«'i« insufficient or incorrect, it ' may at the hearing be amejjded, at the instance of s.n «o either party Jt^r order of the Judge, on such terms 34 "' as he shall think fit; and the cause may then To- ceed, as to the set-off and other matters, as if the name and description had been originally such as i! appears, after the amendment has been made. 109. In actions b^ or against a husband, iftthe wife 18 improperly joined or omitted, as a pa ty^the instance of either party, by order of the Jud-e on such terms as he shall think fit;. and the cai^e may proceed as to set-off and other matters, as Tf ^he proper person had been made party to the suit. 110. Where it appears at the hearing that a nreafer numher of persons haye been made Plaintiffs, than by law reqmred, the name of the person improoerly « joined may, at the instance of either party, be stS aT '''" ' tmnk fat, and the cause may proceed as to set-off ree'nt^d7pSffr^^.^'^^^^^^^ by law required, the name of the o'mitted perl o^^" ^^' ^• fi .nffh ^""^^'l '° such terms as he sh*!! think «n/ .1 ^'^"P^° '^^ °^'^ "^y P'-'^ceed as ^o set-off and other matters as if the proper persons had been ^ originally made parties; and if such person, either a llv or h?""^.'' ''^' adjournment thereof, person- ally or by wntmg, signed by him or his agent, con- sent to become a Plaintiff in manner aforesaid, the leTBonh.7 *>!VP''T"°'' judgment as if 'such person had originally been made a Plaintiff: but if such person shall not consent to become a Plaintiff J^°^_^°iQL,»fo^'C8aM,^ d at the h e aring -ml ^t h e^-^-^ ..^ B39 ,«-A*. ^ ", -^i ^ %.,. ■X Sec. 60, p. 84. Rec. 69, p. 84. g^Q -OENERAt RULES OF JULY, 1860. adjournment thereof, judgment of nonsuit may be entered. 112. When it appears at the hearing, that more persons have been made Defendants, than by law required, the uame of the party improperly joined may, at the instance of either party, be struck out by order of the Judge, on such terms as he shall think fit ; and the cause shall proceed, as to set-off and other matters, as if the party or parties liable had been sued, and judgment may be given for the party improperly joined. 113. Where several persons are made Defendants, and all of them have not been served, the name or names of the Defendant or Defendants, who have not been served, may, ut the instance of either party, be struck out by order of the -Judge, on such terms as he shall think fit; and the cAise shall then proceed against the party served as to set-off and other mat- ters, as if all the Defendants had been served. 114. Where the name or description of a Defen- Soc.69,p,*l[ <^ant in a suramoBs is insuflficient or incorrect, and the Defendant appears and objects to the description, it may be amended at the instance of either party, by order of the Judge, on such terms as he shall think fit J and the cause may proceed, as to set-off and other matters, as if the name or description had been originally such as it appears, after the amendment has been made ; but if no such objection is taken, the cause m^y proceed, and in the judgment and all subsequent proceedings founded thereon^ the Defen- dant shall be described in the same manner. •115. Where a person, other than the Defendant, appears at the hearing, and admits that he is the person whom the Plaintiff intended to charge, his name may be substituted for that of the Defendant, if the Plaintiff consent»t and thereupon the cause shall proceed, as if such person had been originally named in the summons; and, if necessary, the hear- ing may be adjourned on such terms as the Judge shall think fit; and the costs of the person originally Soc. 69, p. 34. >'■ wH'f ii>-?' I GENERAL RULES^OP JULY, 1869. 841 named as Defendant, shall be in the discretion of the Judge. ^ 116. Where a party sues, or is"sued in a repre- entative character, but at the hearing it appears, that he ought to have sued or been sued in his own Sec.69.p.34. right, the Judge may, at the instance of either party and on such terms as he shall think fit, amend the proceedmgs accordingly, and the case shall then pro- ceed m all respects, as to set-off and other matters, .as If the proper description^^of the'party had been given in thje summons. 117* Where, at the hearing, a variance appears between the evidence and the matters stated in any of the proceedings in a Division Court, such proceed- Sec 69, p. 84. mgs may, at the discretion of 'the Judge, and On such terms as he shall think fit, be amended. 118. The Judge may at all times amend all defects and errors in any proceeding, whether the See sec. 69, defect or error be that of the party applvins or not ?• ^^' ""^ and all such amendments ma/be ^ai^Tlfor ^^th! Si h^ .out costs, and on such terms as to the Judge seems 119. In cases of amendment, a corresponding amendment shall be made by the Clerk, in the pro- Sec 69 p 34 <5eedingsofthe Court, antecedent to such amendment- ' ' and the subsequent proceedings shall be in conformity GE]N"ERAL RULES. .120. Claims by husbands, in their own right may Sec. 56,pag« oe joined with claims, m respect to which the wife 24. note (c). must be joined as a party. 121. Where the Court gives leave to take anv s.. ^o .. proceeding, such leaye shall be minuted in the Pro- w not^'fjf cedure Book, but it shall not be necessary to draw *''™*- up any order. T ^^^"J" f Mwhere the hearing is by Jury, the sec?84 p ' Judge has the same power to non-suit, as in ordinary ^;»Kp. 48, cases. ' J' &17, p. 290. / ^ / ,i»^\ t V li • , ^^*V T^ -'!-»•■*■ V Sec. 73, page 88, note (m), Rule 16, Forms 8^9. Sec. 54, pi 20, note {w), and page 21« note (x). 34# GBiraiRAL RULES OP JULY, im 123. tinder the 72nd seotion^ftfieAot, the leave * to be granted for issuing a summons shall be by the Judge, before whom the aption is to be tried under the order ; but" no leave shall be given to bring a suit in a Division, other than the one adjacent to the Division, in which the party to be sued resides j but the Division may be in the same, or an adjoin- ing County. '124. The Court has no jurisdiction to try an action tfpon a note, of hand, whether brought by the payee, or any other |>erson, the consideration, or any part of the consideration of which, was any gambling debt, or^ibr spirituous or malt liquors, or other like Iiquora.^runk in a tavern '5r ale-house. PAI^lllS TO LEAVE ADDRESS WITH CLERK 125. T^henever the Plaintiff, his attorney or aeent, shall enter his claim for suit, or the Defendant shall give notice of set off or other defei^ce, he shall give to the Clerk his address, or that of his attorney or ' agent, and the delivery of any noti^ to such Plain-^ tiff or Defendant, his attorney or agent, or the mail- ing thereof by the Clerk to such address, .shall be a sufficient service, subject, however, to the right of the Judge to put off a trial, or to set aside, or stay , proceedings, on his being satisfied that the letter had either not reached the party, or that there has not been sufficient time after service of the process for either party to be prepared for trial, or to get the notices served. INFANTS. loVte rf ^^^' ^^^^^ ^° ^°^a°* applies to enter a suit for Fonu°7. ^ny cause of action (other than for wages), he shall procure the attendance of a next friend^ at the office of the Clerk, at the time of entering the same, who shall undertake to be responsible for costs ; and the cause shall proceed in the name of the infant by such next friend but no or^er of the Court shall be neces- sary for the appointment of such next friend. If the Plaintiff fail in, or withdraw of discontinue his suit, and do not pay the amount of oosta awarded against New^. See sec. 77, p. 41; sec. 91, p. 46 ; an* Hee. 93, W45ri Forai8 ipj. mi 102.^' I _/ y'x .••♦ W GENERAL RULES OP JULY, 348 bimt-p^ocaedings may be taken for tbe recovery of" such amount from tbe next friend, as for tbe recovery of aoy.ordloary^debt. %^ - , J CONTINUANCE OF ACTION. ' ' 127. ta order to" prevent tbe opeJttion of any New statute wbereby tlie tim^ for tbe commencement of any action is or may be limited, it shall be onlv necessary to issue the first process or summons ; and" It shall in no case be necessary to serve or to attempt ' to serve tbe same, or to issue an alias or pluries or successive summons, or otherwise to do any act for the continuance of the action other than servine the defendant with th& process, and the process when served shall be a contfnuance of the action on and from the day on which tbe first summons or process issued. Provided that, no process shall issue after twelve months from tbe^ issue, of the first process' without the order of the Judge; and the Judge , shall make no such ordpr after the lapse after eight years from the time when t^e cause of 'qctipn > accrued, unless it be made to appear to him that service has not been ofi'eoted . by . reason of the • absence of the Defendant out. of the Province. STATUTORY DEFENCE. 128. In case the defendant de&ires to avail himself secs 93 94 of the law of set-off, or of the statute of limitations ^h ^' pp- ' or of any defence under any other statute having SS.Sf the force of law in thi^ Province, he shall, n^t less ^o^-i^hnv than six days before the day -appointed for the trial SX"^"^ give notice thereof in writing to the Plaintiff/ o^:/4Z''ioT* leave the same for him at his usual place of abide, -- . If living within the Division, or, if living without . v ' Division, shall deliver the same to the Clerl? 6f the ' Court in which the action is^o be tried ; and in case I ot set-off he shall deliver to the Clerk a copy of the ^ec/ss particulars of such set-off, to be k^pt with the papers *: "• m the cause, and also a copy for the Plaintiff, if his ' usual place of abode is not within the Division And the Clerk shall forthwith give to such Plaintiff a Dotico of such set-off, hj maUing the same to him ■\ t^i 4-5 ^^^' Hi'- i-_'W.Kr;",,.~vi<'«'T*- •'t?: 844 r GENERAL RULES OP JULY, !««». * vJ in a letter duly registered, addressed to. his usual place of abode ar business, according to the Form 102, sec. 4, together with one of the copies of the ^particulars of such set-off. . PAYMENT JNTO^ COURT. - «ecs.8r*9o. thJI^Zr qi«?' ™°^^ff «^^"' i° accordance with pp. 45, 46. "^« °«t? or 9l8t sections of the Act, signify to the Clerk his intention to proceed for the remainder of. ^ , his^demand, and such signification shall be given withm three days after he received notice of the payment into Court, but after the rising of the Court at which the summons was returnable, the case shall be tried at the then next sittings of the Court, and order ''^°" ^'"'^ ^^""^ ^°"'' '° *^^ ^^8"^*' 130. In case of payment of money into Court under the 87th or 90th sections of the Act, the same shall not be paid out to the Plaintiff until the final determination of the suit, unless the Judge shall otherwise order. ^ Pages 45 and 46. CONFESSION BEFORE ACTION. %• Sees. 117, 118, pp. 68, 69, and page 127, note (j/). Sec. 2, p. 2y 6, note (c), Rules 3 & 4, Forms 16 & 108. *J 'v./^""^ confession or acknowledgment of debt, taken before suit commenced, must shew therein, or by statement thereto attached at the time of the taking thereof, the particulars of the claim, for which It IS given, with the same fullness and cer- tainty as would be required in proceedings by Special Summons ;" and unless application for iudg- ment i^n such confession shall be made to the Judge withm three calendar n^onths next after the same is taken or at the sittings of the Court next after the pxpiration of such period, no execution shall be issued on the judgment to be rendered, without an affidavit by the Plaintiff or his agent, that the sum confessed, or some and what part thereof, remains justly due; and Applications for judgment shall be made at a Court holden for the Division, wherein the confession was taken. ' - -^ •l':t:>^. ' '■ 't?*'4t!^(? :,*-i,"?;/'vf^il GENiiRAL RULES OP JULY. 1869. NOTICE OP ADMISSION OF PART, ■.^> -. t UA r.r3 ;i, A r^ ^J'''.-^ '^^^ unnecessary expense in Form 103 ITllX Defendant or Plaintiff shairie at liberty ^^^^^lu. to give the opposite party a notice (Form 103^ in writing, that he will admit, on the trial of the caise Zir..'' '•' '^''"^ '' «^*-°ff' ^'--y ^«et which given, the Plaintiff or Defendant shall not be allowed th JnnT°?' l"^""^^/^'^ the purpose of such proof; tZTl'A'' ^" 'T'? '° *^' ^^^^°*'ff ^' Defendant or left at his usual place of abode,-at least six days before the day appointed for the trial or hearing. AFFf^AyiTS AND OATHS. 183. Every affidavit, in any proceeding in the Sec i04 . Court, must be entitled in the Court and cause, (if '"« -«i a cause has been commenced) stating the chrislian Ve%, and surname of ^the parties as in the summons, and ^""V^ ''<''} also that of the deponent, and his place of abode and FoS I^I, . addition; and if an affidavit b6 sworn by an illlte- ]lr\^'}h^^' rate person, the jurat must contain a certificate of the 1"'. m'' ' Uerk or Commissioner administering the oath, that the affidavit was read in his presence to the - making the same, and that such party set fectly to understand it ; and there shall be L._«,mw or interhneations in any jurat : but the J^Fm^Sk not be bound to reject^ as insufficieirt, anW^ *^^^ - ' not complying with the above requisites, or jnws them, but may, in his discretion, receive the same. 134. Oaths and -^rjnations administered to wit- Form 110. nesses in open Court or upon any viva voce exami- nation before the Judge, and to jurors and others, may be m the forms prescribed. STAMPS. nJifn'fT^" — P' ^"'^''' payable on " entering Table of account and issuing summons'^ shall be attached to ^T'A' "^' the face of the summons, and the proper stamps for '^''^• the ordinary hearing and for judgment or order shall HV"''- be attached to the back of the summons, upon which p 22?: the trial is had or the judgmenl rendered ; and the 1 I ^^' ^^^^ i!^}^^'^ "tatter or p roceeding, f pr -"'■ ,^'f \ M. ^^^^^ ,»> /-J,* . ■« ':l If m ma m •H .. >n Seo. 174 e( w«-. pp.84, Replevin Acts, pp. 201 :i \ ,, flee Rule 2, Interpreta* tlon(l8)p. 81«; note(0 to old Rule My iMge 125. \ Bee Rale 128, Form m. SL"f^ fe iniyiiWe to the fee ftrad, shall be attochcd to some paper ia the cause, according to the directions of the Judge. *^ 186. The amount of fees and stamps payable ih ^&S ^"^'^J'^^ ^" Interpleader iSi^ Ihall be wgulated according to the amount in value of Z *n?iy t' Tu ^^ '° 4^P^**» J and the same stamps fh^ll! renewed summons as upon an original, and tiol o '•''\*^ "^^/'^ **^ ^^«' on^enewalsof eieou- tions against goods and warmnts of commitment. INSPECTIOIT OF pOTODMENTS. nirif'.T^'^^''''? ^""^ aotioB/% Befendant is del m?nf «f »°?Peoting any deed, bdnd, or other instru- the PldnM-l r"" *^' PO?««?«ion, power, or control of nf tS 1 ^' ^^ rZ' ^^'**^° ^^^'^ e desirous of not proceedinir In the cause, he shall serve a notice thereof, as pr^ ^ Tided, respectiog t}ie service of a notice of setoff ' and pay the Defendant's taxable cosU (if any) tnd be entitled to any further costs than those incurred .YaH^Ah •''°''^' 5^ '^°^ "«*^««' "'^'^^^ ^he Judge give such noUoe and pay such costs, and does not *!# 3^^- •iif OBNURAL B0LE8 OF JULT, J8(^ m r Ki/ «^i« ordinary ca«, of n„',:!I.uV"o 'd LV. ^^p^' chjfrged uoless otherwise ordered °^ ^ ^"^ ADJOUBNMBNT OF SUIT. £ PUTTJITG (ip TRIAL. ' ' the Ju(^e, in granUng or refusing the applioation may order the payment of coabi nr J^V? - ,» termn an he thinKt. ' *"^'® '"*«^ ^ " NBW TRIAL. partie«r*e oresent • Im* if JIa ur neariog, if both s, .,. ,0, ».' wc ;«:tiV' ::^:r, ^^'''^ •""•■ by affidavit. ; "V*""8 P'w/, 8h«ll be supported ^ = •ft^t^hThf '^' "f^'^'^r '^"^ «f «very such ' ■■V-- l": > M 'r5»E«f^«^^P%^!^=^ >:i'^ ■ *!• I'l". ■ '^^ S0 t GENBRALfiULEflQI- JULY, 1860. ? '. 5 ; . same on the opposite party or his agent, or left aft i' ' his usual place of abode or bnsinessf if ^Ith n tht i^-fft ^^ '^^" forthwith transmit the same forth, wun to tne opposite party. wlf]?^* ^^^^Wl^cationandaffidavits (if any) together wl ^°/?^^n °f **^^ «'^^^°« ^^^'^< shall be de. hvered to he Clerk, within fourteen days after the day of trial, to be by him, on receiving the fees and necessary postage, and stamps, transmitted to the Judge, with a copy of the original claim, and other papers requisite to the proper understanding of the ' case, which delivery to the Clerk shall operite as a stay of proceedings, until the Judge's final decision on the application is communicated to the Clerk. (c) The Judge after receiving such papers shall i' yi? V" ^"^^. ^^^^'^^"S "P<^" *^^ application, to enable the opposite party to answer the same in writing^r by affidavit, if facts stated by the applicant T A ^9^^""'^ ."^ ^''P'^'^^ > «»^ 'he decision of the Judge (Form 76^ shall be transmitted to the Clerk by mail, who shall, if a new trial be ordered, notify l^fu^T' ^^''l?/ ^^ °^*^^ ""' otherwise, and the suft shall be tried a^he next sittings of the Court, unless the Judge shall otherwise order. (See Form 101). (d). If the application be refused, or if the party applying shall fail to comply with the terms imposed by the Judge, the proceedings in the suit shall be continued, as if no such application had been made. Ihe Judge, instead of deciding the same, may hear the parties on the matter of such application, at the npxt sittings of the Court, or at such other time and place as he may appoint, which decision shall be sent to the Clerk, and be by him communicated to the parties m like manner. 1 (j). The Judge may in his discretion make it » condition of granting a new trial, that it shall take ,0 Place before a^ury, whether the first trial took plaea before a jury or not ; but if cither party required t jury to try the oa|e in the first instance, he shall be * entitled to another, jury on depositing the necessary w ■v.A^>'" m . GBNERAL RULES OP JULY, I860. • ' to fey summoning such juiy; and in suohlase the order for the new trial shall'direot the e'^ummon ng -I. of a jury. (See Form 101). ^ ^ '? ini^l* ^i"^"*^' .''"^'^^ *^^ ^^^*^ section of the Act infc* '°^ """^'"^ ^' ^f ^^^'^^ ^* '^« Clerk's office apphcation for a new trial may be made within four! ^ ment ^^ delivering of such judg- SETTING ASIDE OR STAYING PROCEEDINGS shTnnVl'h^ irregularity or defect therein, Ihich ' Shall not, in his opinion, be such as to interfere with the just trial and adjudication of the case upon the merits ; and may at all times amend all defects and errors m any proceeding, whether the defect or error nlnJL / P*'/^ 'PP>^"S °' "0'' a"d a" such amendments may be made with or without costs, and on such terms as to the Judge seem fit. 144. All applications to the Judge to set aside or stay any order, judgment, process or proceeding in See sees. eo. any cause or matter m a Division Court and all T-Hand ' other applications, except in matters which may be felli^ disposed of upon an c^ parte application lathe Judge, and applications otherwise specially provided for bv these rules, may be made viva voce at any sitting of the Court, if both parties be present, or upon affida- VI , the onposite party having notice of such appli- cation and of the grounds thereof, Qnd the order or decision of the Judge upon such application, if made at a Bitting of the Court, shall be entered by the ,;i «^'"..*''^®' l^^ °^ °'^«»' °»ade: if made unon affidavit elsewhere it shall be mailed to the Uerk by the party obtaining the same, and the Judge may enlarge the motion for further affidavits or evidence to such time and place as he may choose or on such terms as he thinks fit. . POSTAGE AND REGISTRATION OP LETTERS senVfr' .:!^" '^n- - .^"^|?«^°« '^"y papers in a cause sec n. Bent from one Division Court officer to nn nth ^f^ ^ j t o " ^^ ."J ^% > 1 r* • .♦. , f'^i ■. ^:,j«t. 850i GBKJSRAL BULE9 OP JITLT, l^. r^ .■-^v / ;^ ,i Bee PP '*•■• ■f '- i>I a party to a suit, or to the Judge, and all neoessanr , notices sent by th. Clerk shall L'prepaid and rS tered; and the c?stslof such postage and regS tion shall be costs in tEe cause. ^ """ '^S'"^** ^Seca^rp. '^Z^^'' ^^f^ FROM COURT OF REVISION. »2, Table of ^fl' ^ appeals to the Judge, from the Court of tooU^l: .^tiy ?? '^*'.^^* ^« *^^«^ accord ng to the 8.8. schedule of fees as m suit for the recovery of sums thTstfm^/f ^'^"f °-°' ^-««^ "n'**" otherwise ordered; but in no oas4 t/ertL°"''%"''\*^="P' ''" ""»'»» attend: 4nder.,,ip,.!:<; ?".'!<«'J'''g«- hooks and documents shall d^ Ji:r.r''" '"""' '■''™' *» *«« mle^ .plen foms Shan h. ""^.T »PP»"»'"o. and no printed lorms shall he used by any clerk or Uiliff oH DiVMon Court unless first approved by the Jud™ in ■ M *i°S " ''"?«'■' ar"""""' 'i"> 'ho for^s apK ,l^„„r^'',\""* ''» authorised form sffl I^ uMd no fee shall be payable to ihe officer in resoMt n-Sf^'l-f. •; ""^ '"'«" "0 forms ^eprJS parties shall frame the proceedings or dCmom.' u«ng a. guides those appended to these rulr. •'UDOMEKTS. cl^'.k^u7 judgment, order, and decree of the Conrt, shaU beenfered by the Clerk in the ProoedurJ SecM, p. 298. » ."ihkkii. i?'',.. E VISION. I Court of ngte the J of sums iars; and nd order, of appeal to appeal shall be ance fur ae scale, 1 no case attends and, be- le Clerk ded, and witness portioned INQS. nts shall fl appen- printed liff of a udge in append- shall be respect 'ovided, luments iv:» GBRBRAIi RULES OF JULY, U60L Book, according to the Forms 45 to 75 inclnsive or ponn« «♦ ' ' to the like effect; and when any order is maTf^ ?^ -.1f,*^ ' rim^oTrn°n /^r^^'*^*' W»' «««*«> ^' other «l|f sum of money, the same shall be payable at the »«c.ie8.^. from thV^' ?'^'' -\^^\^-V^^^on\rm.:^i^;, ^f^^^ nZJ^ ^S'^^'u^ ^^J^^Sment, unless the Judge the Clerk under section 2 of the Act of 1869, eaw^ cution may issue forthwith. ' 150. After an award is made and filed Ywith an q ,J tSoQ^ll^ ,^-;--^-'on thereoO ij se'o" J^^^^^^^^^^ tierk 18, forthwith to ent^ the judgment on such ^>'<«>' -^ iv^ar j'udgi"^' ''''^^ ^^-' -y - ' viif; ^^'^^^ ^^^i?^^ *^^"« ^^"'^oJf of the^pro- Sec. gi p IS "V^^°'^°° 81 of the Act, and procreds «• -*^^ T^u\l\T 7 "•**'■" of «overal 'persons^ jointly labl^ the Defendant sued may avail himself if any • ' . " If all the persons liable were made Defendants, nnl^flf ^\^° J«j|g°ient is given for the Defendant Sec ir n on a^set-off he wfll be entitled to issue execution and |».-'-(<'). on^^ r*rl!T ^ ^° ordinary oases for the re- Is"'' " * thTS • rff^^ ^,^^.^°'t ^^ ^^« -^^'-off which exceeds filO^nr^f ^t'^' ^f ?«o^balance doesnot exceed ABATEMENT. . * not abate If the cause of aolfen survive to, or against . ' the surviving parties. b"*"*"- * - Dpfff^o]!^*'®1''n^^' ""i*"® of several Plaintiffs or Defendants shall die after judgment, proceedings thereon may be taken by the survivors or survivT ' ' 'of tTSourt "'''"''""" " "''''''''' ''''^'''' ^''''^ ' ■ " ": "~~""*~*""*'i'"wexcepimiirereTnstteii6Tpraotf^.j 'J'^ -^ V. , -^"^ At cl- -* -f zm Sec. 1, ipL afiNBRAL RULES OF JULY, ISM. REVIVING JUDGMENTS, &o. ■r^ t Sfline. B.. Stat. u. c. ?^ ®^/°y ®' *"?"> execution or other process mav be caj.. 22,«ec. iBsued at aoy time within six years from the r^over^ of the judgment, without a revival thereof ^ Ipnif^^i^?^ execuUon dr other process shall, without Hea™ nl'^'*^' ^f ' '"'"' "° " J^^S'"^"* "^O" than rh2'r -ll'- ""*'""? '°°"' P^y"^°^ has been made Chdreon within twelvtB months previously • but no notice to the Defendant, previously rapilyW for such leave shall be necesLy, and^uch ?e7ve fhall be expressed on the execution or warrant, or summons m the words, ^< Issued by. leave of the Judge." li 157: In case it becomes necessary to revive a iudo'. ment by reason of a chao'ge by death, or otherwise ' nLtv .r-^''r'^"?f °^-^^^^^^ '« eiecution he party alleging himself to be entitled to execution may sue v out a summons (Forms 30, 33) for the revival of thd judgment, ind issue 'an execut on thereupon. In case it shall appear, upon such apT nation, that the party makin|'the' same is enSd W execution, the Judge shall Order execution t6 «sue accordingly, and shall also order whether or not the costs of such applicati(m shall be paid to the party the Judge shall discharge or dismiss the summons with or without costs. «*u*iuoua Sec. l,p.375, note (a) and Con. Stat. U C, cap. 22, Bee. ?02. Sec 141, p. 69, note (r). fieo. ^4, p. 158. The renewal of all writs of execution maybe made from time to time, before the expiration thereof! m,X\r). ^^ ^^^ S'^'-^ «^^he Court issuing the same, by mark log on the margin of the writ a memorandum^ to the Dated day of 18 . ' ' XX, Clerk. ^ , SUITORS' MONEYS : HOW PAYABLE. New. . ,{59.- It is the duty of parties entitled to moneys Bee 23. p. °^"«°'«d by officers of the Court to direct how tL H«rf -i^ K ''' a\ *7"«'"'".^d to them. The Clerk sVoll no be bound to transmit by post any such moneys, nor to procure and transmit post office orders th?re- ' «1 - ^.....v .-t^ GENERAL RULES OP JULY, 1869. for, except upon the request and at the expense of the party entit ed thereto. Without such dSon , -eysto th; ClerLT:nr:''coltw1thrtc' ■ SoriXat "' "^' ""'"''^ """«"»' " '"'^ - TRANSCRIPTS OF JUDGMENT. ;w ^^ , *^® P^^pgred by the Clerk upon a full sheet of foolscap paper, folded to the usual size of judgment rolls in the Courts of RecoTcarefullv written in a plain hand or printed without conS rPolnTgg 1 '; -f ^"'•'^' ^"^^ «^«" ^' according to oJder oT r!uTJ ^i^^^ment has been revived the therein ''^ '^ ^"'P^'' «^f '^^ ««' forth 161. When upon the. application of any Plaintiff or Defendant having an untetisBed jndgmenHn tfa . fiiror, a transcript of the entry of sucl iudVm.„ under sec. 139/ or a tonscr^ of the Tudrent n which the judgment has heen recoTered, an ent^ saw Court nL 1^" Proceeding, shall be had ii the is8uel:/l'ST"'" "/"P? "^ » judgment shall be tions of the Act, where the proceedings have abated or in . case where no warrant of execution or judi' hr Sr^'vi/er ""' ""'*" »»" j-og-nSi ,„Jef,hE''l\^°'"«»f P'ft^dings on . transcript, nnder the 189th section of the Act, maybe made in the Procedure Book, in the form of an ordinarvsuit ZtZ" ""^ ""t t"'' ""> P'<'»«'J»«' BooK ' Sec. 142, T. 69, note («), Form 52, on p. 178, and Form 90 poat. Sec.l'39, p. 66, Doie (m); sec. 25, p. 293, note (»); sec 142, p. 69, note (0; Rule 162. Sec. 187, . p. 66, note (0 ; sec. 25, p. 293; sec. 139, p. 66, note (m) ; Rules 165. 166, 167. Sec. 139, I -,-4' .jl' ttt. ikiArMrif !*''a» t.a".'''i*.,i* i I 354 S«o. S2, ft 292. V9 GENERAL RULES OF JUia 1860; OFFICERS' FE^? 164, Th^ fees set forth in /the tariff S &292. uG~VjT">V^r,°.'"'«*""'" 1° ^^«e tana marked ^->v^Sr?.M*2. "Schedule of Clerk's Fees," rF&mlYaiid "^^ha />-^^Bu.ex. dure Of BaiHfTs Fees," (F<;ru.S^:shai& fe^^^^^ - b^ received by the several Clerfes and Bailiflfe of Division Cotins on and after the ^ that these ruesl shall come into force, for and ih relation to the duties and services to le performed >y them as officers of the said Courts, und shall lie iili^ of all other fees heretofyre receivable for the 8m§ proceedings. ^ •«i^^' i^V*^"^ applicable, these Rules shall extend and apply o tbe judicial District of Algoma and to ~ ♦ \r il'^T"'' ""^ Maskoka, and the several Courts es- . tablwhed, or to be established thejein, and to the proceedings m such Courts. - , *t 1^%'^}^ r^i"'"' «eeti"g of the Board shall* be at the Cuy of Tofonio. on the third Monday in June, annually; ^ wuuo, . Dated.Toronto, 1st July, 1869. Jas. Kobeet Gowan! S. J. Jones. 1>. J. Hughes. James Danibll. Jas. Smith. Sec. 23, p. 292. i^pproyed. " . Wm. B. Richards, C. J. John H. Hagabty, a J. C. P. Adam Wii^son, J. I"' ' '■ ■ " TitoMAs Galt^ J. r -.' - ■ . ■;■' / ■■ -■, ■ ..■'',: • ■ '■ , ' It: :,:ji.^:^ . ■ V- ... ■-.'■:. 't'' ■ , ■*•''' ■ - S I ' [ ^ • '1i ; SUPPLEMENTARY RULE. -SOTPLBMBNTABT RUM RESPECTING THE FEB FUND ACCOUNTS ANJD THE CANCELLATION OF STAMPS BT CLERKS OF DiyiSION COURTS, m^ tlie undersigned^ "The Board of Gowtv sec. 2, p Judg«8, acting under and in pureuance of the ^'"''^<*'>' powers vested in us by law, as recited and set forth H A?p); Ij the generaT Rules for regulating the practice of &^-p- thft Division Courts in Ontario, dated the first day ' of ^uly, 1«69, hiive framed the following supplemen- taiy general Rule and Order, to be in force until otherHwe ordered, and we do hereby certify tkc same to the Honorable the Chief Justice of Upper Canada accordWglj:^ — rt 167. The system of paying Court fees by the use Se«. 8«j. pp. ot stamps having superseded the necessity fdr Clerks ^*' ^^• of Division Courts keeping an account of such fees in a book as prescribed by the 36th section of the Act, but not the necessity of submitting the pro* ceedings on which Court fees are due to the Judge or of his e,xamining the proceedings of the Court and comparing them with the stamps used and can' celled; in order, therefore, to facilitaife the examina- tion by the Judge to ascertain that proper stamps have been affixed for allfoes payable to the Fee Fund in respect to proceedings in the said Courts, and in order to detect errors and omissions,, and to prevent irauds, it is hereby ordered : — (a). That the "Judge's list" at every sittings of ?r""'Jg- the Court shall include therein all the caJses (ifthe p'^^"" ' order in which the suits are entered) that have been commenced by ordinary or special summons, or other- wise, since the last sjttings of the Court, and also all adjourned cases remaining undisposed of, and shall distinguish in such list the causes in which a Defen- dant, or one or more Defendants, have not been Berve d ; jhose withdrawn, paid, setUed, confessed ; -^aoa^ la whtoli j udgme nta^mve bsBiT entefeiTI&ylEt' ■'■ :■ ! ■;' •• ■V-' ■-• .-J - h -\ ■■€ f' f'^ . , «.: , - v-:>n-<-.i- Sec. 23, page ar * 28 Vic. cap. 6, page 226. "^ SUPPLEMENTARY RUtB, SEPTEMBER 28, 18W. - - the jire *^^^^ ^^^°^ "°'^^'' *° ^® disposed of by 203. andVec: ^i?-^' ^^^ Clerk shall, at every sittings of the Court, 86, p. 16; produce to .the Judge all the process and paifers in every cause necessary to be entered on the "Judge's list so as fo enable the Judge, upon inspection, to ascertain that the Court fees have been all duly paid by proper stamps, and that such stamps have been legally cancelled j and otherwise to enable the Judge to carry out and effectuate the spirit and intention of the said 36th Section of the Act, and of the Act respecting stamps on law proceedings (27 & 28 Vio cap. 5) m con tfSction therewith. ^ (c). ^As soon as the trial pr hearing in each case IS concluded, the Clerk shall affix to the back of the summons the proper stamps for hearing and order and shall then or at the close of the Court, submit ins ecff^^' cancelled, to the Judge for his 293. &-aeos. ^^j:^: ^"^ .^^'J ^"^"^"j Degieotlng any of the 29 and 30. provisions of the Act respecting the^collection of the & A'\^^ stamps or his duty under this ilule! shall be>j|i^cted to the loss of his^ffice. .7 (e). In Construing this Rule, the second general Rule shall apply as if incorporated herewith. Dated 23rd September, 1869. Sees. 16, ir, P 226, and sec. 20, p. 227. Sec. 23. p, Bole 2. % H- •<*: i^ Approved. Wm. B.^ Richards, C. J. John H. Hagarty, C. J., C. P. ' Jos. C. Morrison, J. ^ John W. Gw ynn w, J. Jas. Robt. Go wan, Oo. J., tSancoe. S. J. Jones, Co. J., Brant. B. J. HUOHES, Co. J., Elgin. James Daniell, _^ Co. J., Prescott & Euaaelt. Jas. Smith, Co. J., Vietoria. \. -iL. ~-ifSr tk ^^f^ Jl» r'^\ I 1 : FORMS. (1). SCHEDULE OF CLERK'S PEES. K deceiving claim, numbering and enter- ing in Procedure Book wmng Ordmary Summons, with neces- sary notices thereon, or Judgment Summons (For Special Summons, with warning^ subjoined. Summons in Replevin or Interpleader, or undeif the Garnishee clauses, five cents extra.) Copy of Process, of claim or set oflf, or other paper required for service, or transmission to Judge, each . .. . , (Where the claim or set oflf exceedVs fohos of 100 words in length, for every additional folio 6 cents, U allowed bv the Judge.) "^ Summons to Witness, with any number of names therein For every copy to serve .'..!!.*.'!*. Drawing every necessary affidavit,*and administering oath '(When exceeding 2 folios in 'length, 6 cents for every additional folio, if al- lowed by the Judge.) Entering bailiff's Return to Process, or Judge's Qjfder Entering notice of set off, plea'of pay. ment, or other defence requiring notice to the plaintiff, or notice of admission as to claim / Taking confession of Judgmeiat .' .'!*..*.*!! Every notice required to be given by Clerk to any party to a cause or pro- ceeding, or to the Judge in respect to thfi same, and mailing ii-nte^ring every J.udgment,or order made at the hearing, or final order made by Agftjl]ldige.jir final , Judgment entered 13 is 1^ $ c 10 20 o it O 55 to I 0. d 10 (Ho 10 10 05 20 06 16 10 10 15 10 05 20 05 15 10 10 Bole 164, . Beo. 23. page $ 0. 292, 10 40 % Q 20 10 06 20 05 16 10 10^ m m r I ! TyCler U" 95 25 2^ m ' .w > : 'jxv- 'V ''•» ,' -I CHINBBAl'fOBMS op JULY, IMff. SCHEDULE OP CLERK'S FEES. 1-^ Sunamons for each Juryman, when called by (.he parties . . . . ; (Only twenty-five cents in all to beal- lowed for a Judge's Jury.) Order of Reference, attaching order or other order drawn and entered bv Clerjc •; Transo'ipt of Judgment, (under sec.'isQ or 142} ......... A. . cecutic $ c. 10 15 25 m o in I I c. I c. 80 60 Every Writ of Execution, Warrant of Attachment, or Wan-ant for arrest of delinquent....... ^very Bond when necessai-y, including Affidavit of Justification ...., For necessary entries made in Ihe debt attachment book in 6ach case, (in all) o 16 Transmitting papers for service to an- other Division, or to Judge, On appli- cation to him, including the necessary entries, but not including postages . . . Receiving papers from another Division for service, entering the same, hand- ing to the Bailiff, receiving his return, ^d transmitting same (If return made ^ promptly, not otherwise) bearch by person not a party to the suit or proceeding, to be paid bv the ap- phcant, 10 cents; search by a party to the suit or proceeding, where same 13 over one year old No fee is chargeable for search to a party to the suit or proceeding, if the same 18 not over a year old. la 15 26 10 IS 0«5 40 18 6 20! 20 80 M 50 16 20 0^0 80 10, m e 10 i »r 1- ./ • c ■ , 1 ^|) ^- ..„. 1 > " ' ■ 9 J._ ■ ' / i •«■-; ■ 1- 1 i f 9 J w- ■ *3^; _ -...: . « i" i ■ "') ._ 'j;..-f ''f-T .' " ':v~. . w. o Is . ■r,o 1 i i "■'■ • GENERAL FORMS OP JULT, 1869. ,■1 SCHEDULE OP BAILIFFS PEES. Serjice of snmmon8,order or other pro- to witness and summons to juryman^ Service of summons on witneis Sjurl: man, or service of notice ^ &i confession of Judgm;;t;;nd a<: tending to prove. . > « o^- ^^r^Lt^tdtetr'^^^^^^^^^^ (Executing summons in replevin* includ ing sei-vice on Defendantfsame charge' Every mU6 necessarily travelled to sef^e^ summons, or process, or other neces- f S P^Pf "' °r " ^°^''& *R seize on at- ^itT> ^^ ? g«i°ff Aeize under writ of execution, where iribney made ' or case setUed after levy ^ ' (In no case is mileage to be allowed for a greater dietance thanfrom the Clerk's office to theplace of service or seizure) ^iTf^^K "?' delinquent under war- rant, to be at 10 cents per mile tut for carrying delinquent ^opS.in- per mSe ^^^"^^ ^^ assistance, ^TX3'**^^"^f *«/*F0Pert>' s'eked. a<: taehed or replevied, including affidavit of appraisal, when necessary. Every bond when necessary.-'inciuding affidavit of justification . ^ Every notice of sale, not exceeding three' ^°^^«'' execution or under attaclment,' There sh^ be 'allowed to' the 'Bailiff for removing or retaining property seized under execution or attached, reason- able and nfecessary disbursements and allowance to be first settled by the Clerk, subject to appeal to the jJdge There shall be allowed to the Baififf thS per cent, upon the amount realized from the sale of property under any execution, but such p er centage not to -^m ■■<' iSJee.«,„ 292, Rule 164. ^i«§ 10 20 80 10 10 80 60 76 10 10 10 10 10 20 30 60 78 10 10 10 =»ppirkd=nwy overplus thereon -J,3L- M •■■11 / 860 Bole 147, 8eb. 100. p. 60 note {K), Bec8. 98, 90, OBNEBAL FOBMS OP JULT, 1869. / (3.) AllOWANCB TO Wn'OTMSBS. Attendance per day in Court ,... 75 ota. , "Iravelling expenses, per mile, one way 10 cts. *< N.B.^U a witness travels by railway or other publio conyeyance he may only be allowed (besides the per diem allowance) instead of mileage the ordinary fare and anything he is obliged to pay besides, owing tc delays caused by casualties, but in no case to exceed what the mileage would be if that mode of calculation were adopted. Isl 2d( 8tl] ISth 17th '^1 .^■ A:- rr'-^- FEES TO JDRORS AND APPRAISERS ALLOWED . • BY THE ACT. . j To Jurors^ TariffpTiM. Each juror sworn in any cause, out of the money deposited with the Clerk for jurors' fees, 10 cts. To Appraiskrs. : J ■ F*"s 0' Appraisbrs of Goods, &c., seized under Warrant or Attachmekt. Tariffp.iw. To each appraiser, 60 cts. per day during the time actually employed m appraising goods, to be paid in the first instance by Plaintiff, and allowed in the costs or the cause. . , ♦* Sees. 80, p. 14, & 42, p. 16, note (ol Rules 77, 148 aud 188. (4.) Procedure Book.. -Diyision Court in the County of A , Ensuing Sittings, 26th October, 1869. No. 400. A..D^1869. James Bikd, of vs. the Township of X Y aeri. TuokLif 7iBH, of the Villayi o f . 18th 20th 25th No Job 8rd ( 4th (■ 11th « 14th -''»' seth 1. _• SSth aisi ; -C •.»'■■ D UNDKS OENERAL POBMS OP JULY, X86», 1869. Ist Oct. 2nd 8th 16th 17th (« « « « « 18th 2pth 26th U « I ^?fi-'^®fV*'''J*'r^''" ^ ^«**". o^ claim for 412 T ^^''i'^o'^ P*^* *1 towards costs, r^ '"*' *^^' fitammons returned, seryed 6th Oct., sWea travfil Wrote Plaintiflf that no defence put in ' ^'^• Plaintiflf writes requesting judgment to be signed and execution issued. «"" *o oe signed '^"te^V"^'''^ H ^«'^^' "The Defendant- having been served with special summoM and particulars of clairfand not dispptine same 2 19 adjudged that the Plaintiff r^covef flTfor debt, and I costs." , /oi »ia lor Issued execution to Bailiff. i Bailiff returned execution, "fed" ind naid Paid Plaintiff ei2 debt, and |1 deposit. ^ faU. No. 401. A.I>. 4869. JoH» WmTB, of -*- the Townshif* of — vs. Thomas Grmn, of the Village — . ofB . 8rd Oct. .Received particuhra of claim (for tort) for 126- Plamtiff paid |4 on costs, and du-ected two subpoenas, and gave notice of Jury. Issued ordinary sumpions and sent by post fpre- paid and registered) to Clerk of Division Court of 1) for service. 4th nth « 14th S6th 28th Slit it Sumnaons returned, served 8th Oct, foreiirn fees ft .Issued Jury summons and subpoenas to Bailiff.' Jury sumnaonses returned, serj^ed 10 miles, sub- p i,<': #b- 362 GENERAL POEMS OF JULY, 186^. Wd. 402. A. D, 1869. Jaicks Jones, of the Townshla Tk>icab CtARK, of the Town ^^KAS V.-LAEK, Of the Town ^^-^~^nWv7eb[of is Qmozbk Goop, of the same place, Q^rnUh^ ^ ' "^ Bill Oct. 'i ti u • 10th Oc 1^ Ik' ' h '■"' * --■^J^-^---u*h^ " laih " IjBth " 16th " s -*■ 26th " • •<.. 6th Nov. Received of Primary Creditor particulars of claim (not m detail) on contract, for 150, and memo llso^paid!"^ -^ Garnishee of | ; deposit of Issued garnishee summons against Prim. Debtor. and Garnishee to Bailiff. ' Summons returned served on Prim. Debtor 7th Oct., and on Garnishee on 8th Oct. 12 miJer^ J'lZi' ™-P«^tPr fil€d set-off (2 copiesvT Mailed to Pnm. Creditor (prepaid and registered) copies of set-off and notice. ' iBsued Subpoenas for 4 witnesses for Prim. Credi- tor, and ^ave to Bailiff. , Gaye^to Prim. Debtor 1 8ubpoeiy|and 8 copies. in Sn K -T ^V^^^^^^^^o **»« P"m- Creditor ' in 150, besides $ costo. Also that the Gar- nishee is indebted to the Prim. Debtor in $75 now due which ^to the extent of the two first' S ''"l'"™'.^* 18 adjudged be applied in sat- sfaction thereof and that tie Garnishee do pay the same in 15 days. ^y ^"■-''.f ft^?**I? ^^'^ .*'°^'« ♦ a^d stated suit is settled by the parties. :ft»r- "^ •l • ' . u' J .■(■*i»-/n.,.^\fe'- '«' 7 Creditor. Debtor, ^d i* -jj ars of cltam and memo. deposit of tn. Debtor, Debtor 7th copies), registered) rim.Credi- i copies, las served, d that the I. Creditor the Qar- or in $76, two first ied in sat- ee do pay >ed suit is / * If i<-* ., w**" s \ < , . ■./«i 1 s^ - fc«'-*^.* '^i' ■* » • M- ^ ../ ' * • "'s ■ " ^ -J • % M t »,-,.■l"^,^ N' 364 i^ OBNI^AI, JTOBMS OF J.OLi; ll9^ s\ Wt* *• t • (6). CASH RECEIPTS. ' , ^ Suitors' Money paid iuto the -^ ^Diriaion Cpurt, for quarter com- RECEIPTS. mencmg ist October, 1869. - .: If Styls of Caose. iseo / Oct 1... JBal, from lut qr. .OpfeM. Doei>«.Jloe.: OetSO. KoT. 19 IHC21. Denw. F«n< 1868 Bafllff Plaintiff... 312 « 1869|johnOox. Dofcndant.|NoT. 1, 1869. John 8barp, Pltff'B Att>. Oct 81, " Not. 26, « J«8.:i)en Thos. James. B«>elpto up to Slat DMembef, 1869 , Jan. 6, 1870. 1 Jphn Dunn Tto balance remaining In Conrt Slat Deceiiber, 1869, brought forward: 1870 Jan. 10, Ac. Boll T.Brown ... Ac. 602 A.D. 1869 Bailiff. Ac. Ae. $ c 10 00 40 00 ^60 2 76 40 25 JB0 26 9^. V:l •V^ J^ >si :^" - : -0^- \' — I- \ -OBNBBAL POBMS OP JULY, 18(Mk B€5 /:" 3ASH irter com- ire 1 U aid. 10 00 tty. 40 00 ^60 les. in. 3 75 40 25 • ■••• 11&50 *. •■• M2S ' ••• ossl - I ' BOOK. ,y. PATMBNTS. '4' r Suitors' Money paid ont of the ~^_ Division Court for B^ Sfl, w« quarter commenping 1st October, 1869, .- , 5%SSr Whan . paid out. 81flt Oct, 1860. Irt Not., f < JMthKoT. «« 8tyl« of Canae. Den V. Fen a »« residence to the plac<. where the Court is hild ii the - Division where he resides, is about .uiles idd tl the place where thi, CouH is held about mfles "■^ „r3n>- /.' GBNBRAL POB¥S OF j4i¥. liflfl ' n^- 'v Sworn, etc. A- ^' {or E. P.) « Se«. 72, page .88, note («), Rules 16, 123 «od 133, sec (9.) Amp^vix FOR LK^vE-ro sue' in a Divisiok, ab- JOINING ONE IN WHICH DkbtoRS BESIDE, WHEeL T^BE ABE 8EVEBAL. In the 'Division Court in the County of — - x^prBT- E. F.^oV^'- '^ ^TeomrTZt"?-! ^5*^ ^^ ^'^y- ^^^ oath and^^ay .Z^'^"**"' ««««* ^or A. B., of etc.,) make. Ist. ThfttlWe (or that the SBiM A -R »,„ ^ .A" 5*' J» Sworn, &o. A. B. (orE. F.). ^: -4 < X4 •< fe! /-\ M f^i w ■^p ,fc 1 ^ IH w 0^ w "d H P4 Q M S OQ GENERAL FORMS OP JULY, 1869. CO 02 o o ^u^ s I 369 alls S-o ass's -s* U-S " a aiss-s S P <& n -S ^ f^ •,- 1^^^ > X WW "^i 870 #* GENfllRAL FORIIS OF JULY, 1869. "'i^f h % S«c. 100, pp. 90, 100, *^ aote (d), Kales 85 A 138; Sec. 104, P* 62; note (c), p. 160. -iV.B.toFonn 22, p. 160; iwtea (a) (6) ' p. 146; and Porm 7 (a), p. 160. ^' a *■ Ik ; by me (or the ■said A. B.) to the 8ai4 D. C.J (11.) AmDAm",oR Attachment ,i i^made after suit commenced, imeri etyU of CouH and cause.) ^J' ^' ?•» of l*»e in the County of *(or T 12 I? «dtj ="«"" ^" ""^ A. B.. y W)'mk.Va Ist. That C. D. of (or la^a nf ?« ♦!,„ n a « adr^r't'.Xn'iw^pSf"' •» "« "^ «" Or for goods sold and delivered' Or for. goods bargained and sold Vr for crops bargained and sold Or lor money lent Or for money paid for the said CD moneys expended by me (or the said A B \ ; « ^^a about the farming, sowing oumvatini .t;i^'^ '° ""^^ of certain land and prlmbesf ' « *''*^ "npronng Or for the use bv the sairl n vt x. . . («• by the pemii of ?e aaid a' |',"»J ?«"»■»"»» and linds of m« (,r the sdd A B )' *' "»"'"»««" U,o the;:ilVehV;e?i»rt^™ »^ Sat".? '"'^'■"P'"? ho Je. J tL, ,°aW c d' «t''h'i; pr Lsi'^Bt trsa-Sd^s''^^ J^ - V)^ f^. > ^ ^* ^•' ** ""8 request: .aid A B frSnT™'"'' '?"'""od by me („r th^ at his rfo, ,,? ""onding m a witness for the sai^ C. D., ijt&n'.a'jr She's d'2jrdT„trth7"" 'c':, 'r'h"' ■'■' th. .aid 0. D. wa, pLiniisl^ '„"„'» E. F^S.tr;" ». , *- ■^SjilSii^^ 5 . i.«,„.. l-w ♦K«L f J^ ^i • ■**•■' ^^ *" account stated between itw; ^J?**" .'^"«"'P'«d to remove his perroSVropJrtv Ba.d A. B.) of my (or hie) said deb? ^''' **'^- 3rd. That this affidavit is not made bv me nor th« process thereon to be issued from wiy ve^ltious or malicious motive vrhatever. ^ vexatious or Sworn, &o. A B - > - (12. ) AiTACHifiNT Against an Absconding or Kemoting Dbbtob. CoBDtf 'o?" "'f^fto A*?. »i™i™ C«"rt iD I, said ^. m. .nJ°°/i'®i^®"^y„^^"""*"<^ed to attach, seize take and sa ely keep all the personal estate knd effects of 0. D. (naminj^ iht debtor), an absconding »an^-- or concealed debtor of wtat nJtu'e't"? indTe"? hable to seizure under execution for debt within ?fii with the costs of hiAsnit thereonon and Vfi:, , * .t" the erk of the *e« Jto. (*« ™m6«r of Zdf2'iZ -.J ' ^4' 5^ ,' 3 1 > \ \ ,.-* i^B^s^^^^^s^^iS r-- I aqd^*^' *^*y^^ .one thousand eight hundred , 'V^— --^Y-.^ [1,8 3 Clerk, or Justice of the Peace (a^ 4»^ c<^<. »,a^*^^ Sec. 4, pp. 202, 203 : Sef!. 1, ' pp. 207, 208 ; See. 6, p.209, Kule 133 ; Sec. 104, p. 62. ^ ^^'' ■■1)- ' ■ ' ■ 'REPLEVIN. 4 V' ',■: , , ^.. (13) ApHDATiT TO Obtain Judqb's Obdisb «o9 Ww^ To wit 7 • ' ^^ ' "^^^« oa.tk ftnd ^^^^ at ^DreJen'i' inTh *^^ **'^°*''. ^^ (*''*^'^'' property fully) «c present m the possession of C D -or ^hofT -^ ^ ^ *T) « lete.'" rT'^l""'"' P»««^»» «te ^p™j W.M lessee, (bailee, or agunt), of E. P the ow ac preMnt m the possession of C D -, iDg 140.' aoUars and not exceed- or, that on or about the dav of Vhl r«i^ ti' ^'' fraudnlenuy obtained possS of tbf saii ^-o?,' '^**&oWs •if^S"-'^?'^*"""'')' »"'^ -"W wrong*! ,jWitnold8 and detains the same from me : or. thit .aidC.lLlereo.Jro'fa'^S^^^^^^^ Su/s^^e-t^-rL-id^-.V'-™ t t^ir-^T o(mpcained ofmih certainty and precision). « f ^ nessj at , within the limits of the M DiviBion Court m the County of (nr tu^^tu^ 1 .j^^'"'pn chattels, and personal propekl ;ere *^^^^^^^ the limits of the Division Court of the CouJt; of *^ Swrorn, &c. 1* -n " A. B, f the said ^ it kuodredi K may be}^ vp9 WWT of -.' ' '■t\ '^; GENERAL F0JRM^Qy.jUJWr,.U^9. , ^^^ ; ■ •■ ■ " ■ i *■' ^■■i ' .. ^ , Old Clil Af^Idatit To_OBTAm Writ Without Order iw ' 5 l!lMT InstaNCJE. (Hlk first four sections may be as above andihefbllo^ng M ' ; i .' must be Stated in addition:) r ' "" taken ' for Ji!!*!?!' ii^'Tv *^ P'^P^''^ ™ wrongfully Sec. 4. ^ tb«t is to say, on,the^,aa7oT'^'"Ct*'" ''''''''' f^'tT' an^ow/r fS?Kl?f^ believe that I am entiUed to ih'p;S52. Thnv^ ^ ^"**'^^^P*^^*^"ovf applied for. and IJiave good xeason to apprehend, and do aDnrShend that un?e88 the said writ is issued without wau'ng for an order, the delay will materially prejudice my ^iust rights m respect to the said property. "J J"st fl^'^VA^^ P^^^^^Vv^as distrained f A.D. 18 . • . In the Division Court in the — Count of — A. B. of states that C. D. of did on or a>innf he day of A.D. 18 , take and unluXdeta7n {or detain, as the case may be), and stiil doth dean h.s goods, chattels and personal property, that is to sav [here set out the description qf property) which the said A. B. alleges to be of the value of dollars wherehv he hath sustained damages and the said Tb clafms j„\V^Pr°r'^ "^ ^^ damages in this behalf as Ms A. B. i.'w. Sec. 85, p. 14; see. 74, p. 39; see. 1, p. 201; sec. 17, p. 206 ; Rules 3, 4, 5 auda i , (W.) Particulars in Cases of Contract. Jfo. A.D. 18 . A. B. of claims of C. D. of the mi m /sf « / the amount of the following account, viz "^"^ ^^ ^ ^ (or • the amount of the note, a copy of which is urid*.r Thn ' h'^ together with the interest thereon, orffor that the said C. D. promised (here state shortlv fZ premise) which undertaking thi said a D S not CS dat^d'/r ^'^^li '""'r^ ^- ^'' by dee'dtnS: Ws seal dated the day of A.D. 18 covenanted See Forms In note (6), page 140. sec. 36, page 14 ; sert. 74, p. 39. Ilules 3, 4, 6 and &- .1 '- ^-v -I g^gg^^g^ 874 - GENERAL FORMS OF JtJLT, 186?. rm J^ - ♦ ■ - to, &0, and that the said 0. t>. hath trdi^n said ooW- nant whereby the eaid A. B. hath Bu«tkfn«A damages to the amount aforesaid ; or for^on^ed by the said C. D. to be paid by the said A. B toS«J with a horse of the said C. D., in exchant; foi ffl^^^^ ^.*^^«J^»d A B., delivered by the said^A. B to^l eaid CD; or for that the said C. D., by wirrindn?2 horse to be then sound and quiet to ride, loW the sSd souTa^m' '^'t^- 5- y«' **•« »*»^ hors'e wis notth^n wTlS'"'' *^*^'.J*'* '""'^ ^' B- ^o«W supply B f! the «a^5 n n "*^M P"»"«d the said A. B7that he the said 0. D. would be answerable to the said A B the said f"'f **• -J.'*^" "^^ ^- ^- «^i::^'^,L^-" U; fee. 74 ^^"* Rules B, 4, on or (17.) Particulaib vh Casm o? Tort. A.D. - . • , /A.B of. states that o! D. of did! Iifeputthe day of ' , A.D. 18 .attheT^n. tS '^ ir : "^Ja'^f'^l'y [take and concert one ^w and one calf, the property of the said A. B. ^^ break apd injure a waggon of the said A. B. ; or fa iely renre^ ^ent L. 0. as fit to be trusted, the said C D at the samt "*• ~ A, B. (i'6.) PamicuUrs IK Actions Against a Clerk or -> I -oAiLirr AND nis Sureties. See*. M, p. No. , A.D. 18 . 14, and 74. . t> * \ >«^ ., ft. laid cove* sustained 9J agreed , together 1^ a hors^ 3. to the ranting a 1 the said not then C. D. in ply E. F. that he, id A. B. JBupply and ired, y6t yet paid' et to the a the aarterly, id. ofaiaie- ^oto such' 5.) . on or iTmrn- ne cow r break f repre- le same where^ dit : or tie feaid Lmounfi -','. f*^™^L FORMS OF JULY, 1869tJ V V'° perforn..Dce of the doti™ pf hi, said offlo.) besom ot for moneys had and reoeiyed bv the 8»ii) n n « .noh Clerk (w Bailiff) «. .fo»,.i5, » a eerta?; .tiTA'B'w..'??.- ,-<»^"r"1,<'°"'^ whereTn'S; of th. ..id 0. d; "nduty^ftdl?,-: "AaTlM JX ., j«_."" damages sustained by the said A. B thronih th«»,.soondaot (or negleot) o? the said C. I) in X perfomanooof the dntie, of hi, ,aid office : For tha! ;°™ .1 °''.°' ••' (dacribe. in ordinani <19.) Application of Bailiff for Intbrplbamr. ^n the -*- — Division Court in the County of • ' ;B*TFiaN A B . Plainiif, AND -, D^mdani. &16 l^^:"^!!^'"'"^!^ "attachment'^ Sec IJ5. n. this^courudid/oVthV /:^ir I '^"ter^ M tlW4,ro|)erty of the Defendant. E. F., of the tZn. and that the value thereof i« 1? Yn^f »•?! PrP'',^^ in thai belfj^' '^ ""^'^ ^- ^' ^^'^'^^^S to ^h6.atatute To the Clerk of the aaid Court. Dated, etc. ^"^^''^^ I •S.' lift-) of , and Ahe: iatisfjr *** ^g'^'HBt "theTaidg D.rat the ,^1' and 1T6, pp. ,«., , , , ""I'li.n onu. 110. '«vw<"i»jni rVnereas I have benn infr>*n..i.j at ^ . and ITfi, im. Koods of on nF *''^**^'"^. that you have seiiedi "andftef^ i^r' .."^t^in^-^dtene ort.^' ""X'iV ^ • «» S'^'it' .gains, .he'said C. d'!'',, th. .^^Tl g°"i IgaSi, » * K«M8^^ # ' '■' " gS ^ ' '"^ ' '^' ' ^'^''^ 876 ';*ft? lltae8& '- i t^-, Seo. 175, Po««66. GENERAL FORMS OP JULY, 1866. hereby give^ou notice that I am the landlord of the 8aid premises and that I claim | for rent now ia wrreari being for one quarter {or as the case mav be). and I require you to pay the same to me before you ftPPJy _the proceeds of the sale of said eoods^or anr part thereof to safciflfy the said judgment. ^ .#. Dated^eto* ii,:; ToV.W.r JfaUiffof ^etc. Landlord of said Tenemmt, (21.) Paetioulars or Claim ON Interplbader. In the Division Court in the County of Bethteen a B , Plaintiff, C- AND - D- F- -=-, Defendant, -^, Claimant, A ' *^ To whom it may concern. ^3a ^' ^I\ L. V ^'J*''"^ ^ ^" property the following" poods and chattels, (or moneys, etc.) seized and taken in execution, {or attached) as it is alleged, namelC* {^ifythe goods and chattels, or chattels or moneys, etc claimed), and the grounds of claim are (set forth in ordinary language the particulars on which the claim is , grounded, as how acquired, from whom, when, and the ^'^^^^^^n paid or to be paid, and wlien), and this the said Hi. J{. will maintain and proVe. Bated this day of 18 . * * , N. B.—//' any action for the seizure has been dJw- menced, state m what Court and how the action stands. ~~^ — •■ * (220^RDiNART Summons to Appear. In the Division Court in the County of -.» No. A.D.18 . [Seal.] BiTivEEN A B , Hainiiff, If' AND »«l«l«, 11, 15, 16 and D — , DeJendaTii. [Stamp.] To 0. D, the above named Defendant. us'Tnb ^T '"'® ^^""^^I t*' ^®*'«''« (^'' *» often before) you ^J^rmji^' were] summoned to appear, at the sittings of this p.»77. Court to be holden at , ia tl^e Tovroship of \ »■. # .4" Sm ,\ V ■ V *,. GENERAL FORMS OP JULY, 1869. in the said County of , on the* ' daV of - , ♦K k\'**'*^/^.°'"**^^ ia the forenoon, to answe^ .^ the abovVnamed Plaintiff, in m action on l|intraot To' '-^ in an ac ion for Tort) for tl^ causes set forth Tn the * Plainlirs statement of claim herewith ; and in the t ZIa\ jr."" °^',''' appearing, the Plaintiff may pro- ceed to obtain judgment against you by default. T>atedJii© day. of- ,A.D. 18 . * ■^:. By the Court, #-:;-■ ..'^...■. ■ X -Y- , • Claim ..;. I ^^erk. Costs, exclusive of miieage*..'.* ^„^ • " ^^ " NoycB. \, . .• \ .' ; •TTake notice, that if the Defendant desires fo«*o/r ri„i«i«fl iZ'T^ ^^f T'"'^* '" ^'«"^) «* t^« trial or hearini/of ' 15". »*V«e. (or) to take the benefit of any Statute of ^1fa"^t'.7 °*^«^Statute. notice thereo? iS writ Lgf ?^y.? ^^-of, fontomin^ the particulars of such seto^ {omit he wards last in Italics!?/ the action beforjS) ?h« ?X iL^^^'i'il^^ ^*''*'° *^« Division, or left with l^thout'th^T)-*'-^'*^^ ^T"^ [^ '^' Plairrtiff resTdes without the Division, not less than six days before the day .appointed for the said trial or hearingfand in clso of set-off, a copy of the particulars of his setoff and also a copy for the Plaintiff. ' ,*"** «n ■' ' f i^' • K ■I (23.) SpkcialSumi In the Dlvision^Court in th?feunty of - No. , A.D. 18 .' [Si*!.] BiTWMN A B , Plaintif, AND C- [Stamp.] jlWthe above named Defendant -, D^endarU, elal^K^ •f'^'"''°**'°^y'*"^ as shown by hii J.ti?n«Mr'\V y?" '''\^^^^^ that this summons ; Wturnableon the eleventh (or sixteenth, or twentv-firiti! ^dtng to th, residence g/'th, A/enda n<7day ^ter the Rnlei 9, is, 16, 16,-17, 11, 19 imdlM. ^'\ A., « '^^ • ^■^.G ^.^ 378 § m ' V *w^^ Bale 12. *•'► '* Rale 128. y* -* ;Bule 19. GENBBAL POEMS OP JXIht, ip. I t4f^ of the service here6f upon yotti "and you are to •atisfj the said claim against you/ or jf you dispute the " Jiwt*"'-!?"® .Pajk thereof, you ,ai-e to leave with the ' !:r A ^i'V^^i ^'"'^ *y®^^®' «cc<>w«% to the residence of the Jdefendant) days after the day of such service the ndtioe mentioned in warning No.J subjoined, othetWise after such retdrn day has passed judgment muT be given against you by default. In case you give 8uch notice disputing the c|ainj, the cause will be tried * . at the sittings of thrt Court, to be held at in the •aid County, on or next after the day when the sum- inons IS returnable, at which time and place you are required to appear. . And in default of your so appear- •ing, the Plaintiff may proceed to obtain judgment against you. *' ^ " _ Dated the . d^ of A.D. IS • . > ' By the Court. "^ t flaim.... ^ -^^ Slerk. ' ColBts, exclusive of mileage.*. , .:•■.. NOTICES a:nd warnings to the defendant.- ,.^^f^^^ No. 1— If the Defendant disputes the Plain' tirs claim.'or any part of it, he must leave with the Clerk within qight^ (or twelve) days after the day of service hereof, a notice to the effect that he disputes th^claim, or If not the whole daim, how much he disputes, in default whereof final judgment may be signed for the S, . !.i^*^.'"' ""l Buch part as is Qot disputed (if the Plaintiff IS content with judgment for such part) at any time within one month after the return of the suminons. • •' Warning No. 2.-If the Defendant desires to set off any demand against the Plaintiff at the trial or hmtmn of this cause, or to take the benefit of any staSHf limitations, or other statute, notice thereof in writing must be giren to the Plaintiff, or left at his usual place of abode, iflivingwithm the Division, or left with the Clerk of the said Court, if the Plaintiff resides without the division, not less than six day^ before the day appointed for the said trial or hearing, and in case of set-off, a copy of the particulars of his set-off. and alio a copy for the Plaintiff. ' I The two next ensuing sittings of the satd Ootirt wttt be held as follows;— vi«., at o'clock a.m.* On the day of >.D. 18 . - 0° the day of A.n IB * ^ m '9ii .•^^i. lathe No. ' , A.D. 18 [Seal.] Bbtwksn A Omr^RAi;, forms of july isei. ; (24.) Summons IN Rbplbvin. Division Court in the Couatj of ^fKi AND -D- -,{ Bainiiff, -, Defendant [Stamp.] V;.Y;;f*'' ^""fli ^^^ ^"^^ ^°"'' «^°d to 0. D.. Kules 0,' 13, the above-named Defendant. - 4i,47,48,:4^ You the said Bailiff are commanded that wirhout ^^' ; delay, you cause to be replevied to the Plaintiff the f^"" r°"^*» ^ ftfmeht'of L'ph-P^^^^^^^ *h' WiV'-:' statemelit of the Plaintiff's claim hereunto annexed in notes (4(a); fht betalV ' ^^^"*^^ "'^ *^"'' ^' just remedy IS fi,f ^' -^ And you. the said Defendant, are hereby sffaimoned ' £1f S?^ '"PP®" *' .*^^ "^^' «'"'°g« of t^is Court, to be liolden at , in the County of , on T)i • %• the forenoon, to answer the abov^-named vb ♦# * S^in tL%l"-Vi»^'?^r"' . forthecaSies Spit^*'^ • •et torth in the Plaintiff's statement of claim hereunto fhi'p?^ Vff ^ '" '^* ®^.®°' °^ ^°" °«t so appearing, i ' K ''If '5 ,^*^ P''^^^*^ ^^ obtain judgment again! you by default. Dated tho Claim for retui Costs, exclysivl V' /. i day of , A.D. 18 By the Court, * -'— ^ ; x-:^- — Y- pf goods, and damages to... | mileage ;. Clerk. Wl&NINQS TO TDf DsrCNDAMT, , _ i\^'ltTA •^°'!,''^ not,:appear to this writ at the 8e..i2, time specified in the sumilJpns, the Plaintiff may, on ^ iofi^ ? WJ'?}'''^ »PP«M|a°d obtain judgment agamst yoT by default. ^^^ A * ««?S^V^' ^'*" °^4°* * "«ht io thMtfMMsion of goods by reason of any claim wbicWtu may hav orgeunde»^ny statute, or to takeHfS benefit of a statute o hmkations or other statute, notice thereof m writing "must W given to the Plaintiff, or left at his Uiu»l. place of abade, jf livinp; with^ ^h^ DiTigiop, or "'i''^?i !^- !*--■■ .\ ^.',i^ [.*- ,t.;|:.A: i«|- fx- * » 380 .-.ii GBNiJilAL POBMS OP JUDf, !«». ^ left ^with the Clerk # the 8a!d dotirt, If the Plaintiff '^resi^without the Division, at least 'sii days biflSe ^™*^||Pomtedfor the said trial or hearing. > DEADER iSuMMONS TO CUlMANT, r^ fsion ^Cburt in the County of - , , Plaintiff; I \ ; Defendant, '^i '\ " ■f Claimant. Bummonedto appear at a Court, to .,.mr^^v=^ *.,m^~^~-^v^- a* the hour of A.M., at J p. 877. . r?,T?^^ ^^ moneys, &c., pr securities .{aa the case tnaii ^^;(ona^tached^ .ftnder process issued out of this Courts I l^tt^'S: ^ ■' ^^i5.^!!?'^*'" ^^ i*»^ P«»°«) "^nd in default i. of vojt then estabhshing sueli claim, the said goods an^ chattels will be sold, {or the said moneys AofpaS and delivered over) according, to the exigency of the said process: and take. Notice, that you are reouired , B.X dV before the day ap^inted L^Jg^'^aid ?riri oi Jieanng, to leave at the Clerk's office a partiobUir of thl goods and chattels, (or as the ca.^ may 6.yCoiaimed ^7 jou, and the grounds of your claim. "*«*™ea "Given under the seal of the Court this dav of ' . ' X;- Y - • '•- ", » To E. F.j the above named claimant. '-'I ^ - ' * A (26.) Summons to Plaintiff on Intbrplbadbr. In the Division Court in the County of-^-~. No. , A,D.18 , , • [SeaLU B*TWBtNA B^.—., JF'lainiij^t W'-'' f 1= ANI> .mp.] . ,. E— — ^F- hereas E. P., of -, Dejendant. ^ -, Claimant ^ -,-- — ' — ^ - ., «. hatli made a claim to Certain goods, [or to c^rtam securities or money {as the ease Mauhe^] v,2: (h^re^piiy) which have ieen sei3 and taken m execution {or attached) under and by^ ../ ■r • <}T the Plaintiff days beftre ring. - lUANT. kyof_/ aintiff'^ \ endant I- , 'mant, >. - a Courji, to ■•, at , , goods and 'he case may n execution ■ bis Court in dm default said goods ys &c. paid Dcy of the •e required, laid trial or bular of the ^0 claimed day of ^ Clerk. PLBADER. vnUf^ ^anU t to certain aa the case een seized >r and by,^ - , QBNERAti FOAMS OP JULT; 186». . \ hej.bysum.ohed^to be and a^^^ thesaid^ain.w?l^,adp:aX^^^^^^^^ made thereupon, as the Court eb^U V?n fit. ^Mm '^ < — -■ 4 ■ t?- : ,'.'*- i-. -^i; ;. QiTenund^ the aeal Of this Coirtt this da^5 18 ToA- -B- The above-named Plaintiff. o4cTomrr/^i /r '^'^^ ^'^jP^^^^w application at the ' Cri/g ^ ''^ '^' Court Jive daya before the day of (27.) Application por Jcdgmbnt Summons: ' i^""^*!"' ^^!^'^°^**»«—-»i^i«on in the County of— p , . K Ue pleased to summon /^f «*/» *^ v.vumi.j ui — -- Buie^, InirtA til/. «*»*•*•. . °' ®*<^'' *o answer accord- • A, !B., Plaintiff; , (28.) Summons to Defendant aptkr JuDeMfcNT. In the Division Court in the County of No. , A.D. 18 . Between A-w«- B— -, Plaintiff. fSeaLl [Sfemp.] 0- AND ■D^endant. N . . 4. Ms 1^ To the above named Defendant. ^, Whereas' on the day of a n ifl *k ^Oi Klls" ^""'"r,'^ >"''"■-' .gsi«4«« in'.*d "» W"i. Uourt, holden in and for said Division for I forV-K* ** '«"» of and! for costs of , suit, which remkbsu^^^^^^ iZr ^\'!^^''^ ^!''^^^ (^» ^'^^^ «' » second suimons here msert the words." as before you were ") summS to appear at the next sittings of this Court, loSeToldea toUih^^ %:u^''^''^ . ' at the Hour of , ^ aidVourt til?*'" *""*'"'** ^^ *^« -^"^^g* ^f the miin-^ :i *?"°*»*»« yo»' estate and effects, arid the mmnn and oiro umgtaDoefl jmdei, w hich y ou co pt rao t. • % 1^ >. '*&»*. ^ ■t; -?*-?- mi f- :(»• *3 '. 4- i&e, ic. 166, AP- 80, 81, note (s), Bule 148 ; h N. B. at foot of p. 377. ':; ':: r<^\ ' . GfinBjyt. formb of J^sm, -^m. ^' v " ed tlie said debt, {or inourreil the daraaees or liabilitt) which was the subjeet of the action, in whioh the sa^d judgment^ w>8 obtained against yon, and as to the means and expeotaftions you then hadj and as to the »fro- perty and Bjeans you still have, of discharging the said debt (or damages or liability), and as to the disposal you may hav,e ma.de of any of your property :— And take notice, that if you do not appear in obedience to thi% summons, you may, by order of this Court, be committed to the Common Jail of the County. Given under the Seal of the Court this day' of 18 By the Court, Amount of Judgment,.*., Costs of this summons,. CJerJc, r^ 1* ' ■** .1 . ' - (2^.) SjjMMONS TO DbFJKNDANT APTIB DEFAULT. In the^-l — Division Court in the County of [Seal.] Between A B , Flaintm No. Aj),18 . AND [Stap&p;]; 0- D .De/md^t. Wheireas at tile sittings of this Court (or of. etc.). holdenatthe in the town of in the County %^""^r T**»°e«l a judgment against you for the sum ?*jr^ f^"^ d®°*' besides interest thereon and f' costs to B.-1 ^ ' *"*^ ^^"''^ 8*^d judgment remained unsolisped. Atid whereas by a summons bearinjt date the day ... ' *}^ .' y^^ ^6"^® summoned to at/pear at the Bitting^ of this Court, holden at the dl ih the r h^ of 1, ' ? *!?? .u ^^^ ^^ ' *8\ ' a* *fa« C, bawc^t of che clock m the forenbon, to bet^en and them examined by the Judge of the said Court touching youtjestate and eBects, and the manner and oircum- stan^s under which you contracted the said debt, wbidh was the fubject of the action in which 4be said judgment was obtained agiiinst you, and as to the meJMis and expectations y^then (at |fc!||time of con- !S?J:5^?***:i*''*^.5*,*'* '.^® properti^,.inean8 you still had (at the said last day aforestfflJRf discharging the said debt, and a»^ the disposal you may have mad0 of any of year property. (If debtiir did natapp^r :,A-V., t '.- - V , V P-^iik«%.i' -^ , J. ' GENERAL FOBBfS OP JULY, 1869. " -w' ' ^ ^ thfl^t you should^p^lo the ?a1d Snf^^^^^^ % debt and interU then Lrued and $ In'-r"* °/ » *. be paid on iJe day of ' 18 "tftrf • (oj «e case may be} ■ iS , or forthwith paX'"'"™Ud' ^'"'tll'^^^f ♦'■r'" yo" "■»" ""* ■ nex °"it"n^'T tZ ^toKlS" '" "PP'" "* «"> ^ *.^- the town "* J^»8 l.ourt,^ to beholden at the in ^"ot of P. day of »18 .f .;^' °°".°*y ^f ' ^° the - ^"• . of the said Cou^t touching ylJErarand^eff^^i"'^^^" and , instalments of enoh nf *v. J -j deht, 80 ordered to be pjudbvvou aslI^'oKn ^''^ tioned and recit«d n.*i»aM. xl .} *^<*^® ™en- Judge. ^Y^^'^' PH^|KP> the flaid order of the^ And al80 to shew cause why vou shonM n«f k- - ^^Given ^pnder the seal of the Court this day . By the Court, Amount' of judgment | ^ ^ ^ p,- , U)st Qf tthi H B ummQaaV., — 8SS at at 9^*i '' "I li SM and IM; &" * N.B.&ttoot of p. 877. GENBllAli FORMS OP JULY. 18«J>. (30.) SUIIKONS OK BIHALP OF EXECUl^B OB Ai>MINI8TBA- ; TOB TO BEyiYB A JUDGMINT. In the -~-. division Court in the County of — *• No. A.D.18 . -V * ■ [Seal.] Bbtwkbn A B-^ , Executor ofC.T)., * . deceased, Plaintiffs '■' '-... - . ^' AND ■ ~ . „.^ [Stai^pj: E — -—F ^, Defendant. ' f] To E. Pj, the above named Defendant. . ! -Whereas on the day of A.D.18 , the above named C. D. duly recovered in said Court holden m and for said Diviwon, judgment against you for | debt, and $ cost? of suit, which judgment, a tran- script of which is hereunto annexed, still remains unsatisfied, and the said Plaintiff, as Executor afoH|. said, claims to have execution thereof; you are here^ summoned to appear aLthe sittings of this Court, to be holden at on m in the forenoon, to show cause,^,if any you have, why the said Plaintiff, Executor as aforesaid, should not have execution against you of the said judgmentj according to the force and effect of . !ii? recovery ; ai^. in the event of your not appeal^ ins^^mgmQxxt will bl|itered against yen by default. \e Court, 1* • X,, -Y .. '^ Dated this day of |f^8 Claim ;i^ .«......$ ^ Costs exclusive of mileage ,. Cleric. ltalM64 aud 148. This is in- tended to be used after Judgt. agst. Ext. or Adr. but is in the nature of a new. suit (31.) Summons on a Devastavit. j In the Division Court in t*iie County of No. A.D. 18 . ' laLL Pbtwebn a- B — — , Maintiffi ■W*-. .,>■ AND yaf^'^'\ ^—"^ — ^ . Executor (or Administra- LStamp.] ^ tor)ofE. F., deceased, DefefiUant. To C. D., the above-named Defendat^fe. You are hereby [ai before (or as often before) you were} summoned to b e and appear at the sittings of ^^i.'*""^,*' ^*''?'«™?^ ^ olUxiiA to suit other facts showing a chaiura of the parties entitled to execution, which make a revival neeessatyT \ ' -:.7.*k GENEBAL FORMS OF JULY, 1889. i - .■ ^ 885 this Courfc, to be hold&n at on thfl Ac divers goods and chattXwhil I .y *"*** wasted IB F A^a J cnaiteis, which were the nronertv nf ii*. *.,. deceased, at the time of his dflaih ^Ia ?■ ? ^ oanae into the hands of vnu *ha t? ? ~i ?' *°^ ^^*o^ (or Administrator of th^esadE^^^^ ^ whereby a certain iiXmon! ' '^^® administered, ' 4 obtain jadg.Jfa^l^tl^'i-'feuir*^ '""'°'' ^. ,Patedthis day of 18 (32.) SCTGGBSTION OW DBrASTATIT ON OhIQINAI. ^ Summons. * {Commen(^'wHh Form of Summomt no ,•« » r^j- ana cue i'laintiff alleges that vou the Dflfi»n/i««* u ' Me saw u. D., deceased, at the time of liis dKaih Lh iratorj to be administered : and if no^ fKo* J^ vT Withheld or wasted the same. ' '^*' ^°" ^*^« Rale 64. This is in- tended to b^ used at the commence- ment of pro- ceedings against Exr. or Admr. P," (33.) Summons xo REvirE Judgment against an ExECUIOfe. . In the 1^0. , A.D.I [Seal] B [Stamp.] ^ion Court in the County of -, Plaintiff, AND ^- , ■ ■ ' ■- ' ■%' • ^ ^—, Executor of E. F., deceased, Defendant / lo 0. B., the above-named defendant. Whereas on tho dav of a n * xt' Plaintiff duly recovered in fh* ao,-^ n '?,,' % Rules isr . and for the saiT nu- • • ^® ^*^*^ ^°"'''' ^o^^ien n andUS.and E 1? f„ I- 1'??. ^'^l"on. judgment against the said ^•^- ** ^oo* ffsuiV wh! ^'■'5'""' ^""^ ^ f«' d«bt. Ind $ costs "' ^"'^' of suit> which judgment, g transcript whereof i„ CZ ' -.*■ '.\ .V' 388 4i '/- ' Rules 72 and 148 ; and N.B. at foot of p. srr. GENERAL PORltS OP JULT. 1(«9. ' Amioxed, still remains unsatisfied; and the said Plain- toff claims to have execution thereof against you, as Executor of the said E. F. : you are hereby spmmoned to appear at the sittings of this Cburt, to he holden at fi. » on. » at the hour of , to show cause, if any you have, vrhy the said Plaintiff should not have execution of the said judgment against you, as Exe- cutor as aforesaid, to be levied of the goods and chattels of the said E. P., deceased, in your hands to be admin- istered ; and in the event of your not appearing, jude- ment herein will be entered against you by default. Dated this day of ,18 , j^, •«' '. :/ / 1^ By the Court. , X-— ^.T , Amonnt'olaimed... $ ■■'■:■■' * Costs exclusive of mileage... - . ' ■ , ' i ^A\^-~'^^^ ^^^^. "i-'^y ^ altered to suit other facts sho\dng a chance or the parties liable to executiou, which make a revival nec^saiy. (34.) Summons to Executor or Administrator, wherb ' Plaintiff INTENDS to apply to the Court alle- ging THAT Assets have come to the Defendant's HANDS SINCE JUDGMENT. -1 In the Division Court in the County of [Seal] No. [Stamp.] Betwbejt A- B- , Plaintiff; A.D 18 ' C- AND D- — f Executor (or Admin- istrator) of E. P., de- ceased, Defendant. ,The Plaintiff having learned that the property of the «aid deceased has come to your hands as Executor (or Administrator) since the judgment herein, to be admin- istered (and that you have withheld and wasted the fame), intends to apply at the next sitting of this Court, to he holden at on the day of ' the hour of , for an order that the debt and cfc« levied of the goods and chattels of the said dece If you have so much thereof to be administered i»kiic that if you have not, then that it shall be levied of your own proper goods and chattels), and that the costi be levied of your proper goods and chattels. • You are, thereupon, hereby summoned to appear at GENERAL FOBMS OP JULY, li '887 fi»tedtfew day of 18 - To ■ ■ x-L^Y— L. r The above named Defendant. ^^®^^' K-) (35.) Order op Reference. » In the Division Court in the Countv of Bethteen A__ B-- ,P/amV^ AND I ' of °'"'° iT''''' "" '^''' "f ">» Court thi, day . ' ■ . X Y-_, Clerk, (a) Appointment or Umpire to Endorsed' ' Withm referred to ua. matters in dispute between us as arbitrators of th? «:? Js';Hh?n refS" vv(6]kAppointment for Meeting on I^ere.ce^ In the, &c. • *f' Sof's. 109, ■ 110, 111 luxi IK, pjges 55 to 67, notca B. V. D. I appoint hour of reference. the at '^0 (both pariim. ^tnei [Seal.] In the Arbitrator, {J^Mjffldktit of caption.) (37'. ) JcMMoi^ TO 3[dbors. f-i M tt If 4 m Court in th^ Coirtity of You^are UrebylSllpAnea to appear and serve as a Juror in , this Court, flPiMKiiolden at ■ on -. at the hour 6f , ; Herein full not at your peril, * Given un^er the ^seal of the Court thia ' daj gf .>-♦■■ ■.•Clerk. ■ V ' ■ " • ^ l ■ ^ . , *'> '^ (38.) SdMMONb'tO "WlTNJB*.' t Divisfoii^CMrt il-^he County f . / , , BiijirMN A- B ::-l-r-, Plair^f, To |ti the [Seal.] »=■ ■ - 3«Tir \ ■ec 48 Dt— — *, Defendant. ».sr4Sl'mL*;^^<>".f9^er^y.'fequ4re4 t6 o^'end at tfce sittiniM of .^»)wid0. ..JWie said Court, ta be boldon at ^n tho ,18 i ^ • T..*-»>^ y . ■ '■ , . m . , -r « 'J* <1, •'<**• # •■■.,'> , •"^ vf" \. ''::t-J 6BINEBAL FORMS <» mht, ^^L '»x at the hour of .. iTa^the forenoon, to give evidencfl in the above cause, on bphalf nf fK« „v ^ evnience m Fand t^An or.^ ?i Y , " °* *°® *^o^e named i Given^ under the Seal of the Court this day^f To iv\ ^- ^— TT', Qlerk. I ■ , <39.) SVUKONB TO TflTNESS TOVAPPEAE BEFORE • Arbitrator. la the Divisibn Court in the County of [Seal.] BETW..I, A-.— B;:^ , Fiaint^^ ' , . ' """ AND ^ '^ , Defendant. 389 ' kruLtl! ^^^'^^^y "quired to, attend before the Sec or n refe ed L^"" ^^ '^"^ *.' ^^^^^^ this cause fitaads t£an^-c. reierred at on Uie day of - A.D l| oj i<^' P- «>• appointed 'w th« '^-Ml^^' ^«^"« *b« *¥»« «»^ , g^^ under the Seal-of the Ccprfc this day oft "u ./ ' A.D. 18' I, ■* ♦- F llerk. I j^ GARNISHEE I^ROCEEDmOg TO JtJDGMENT. '^V: . ^^^'^ Affidavit for Orb^r to Garmibh Debt. In the ^ Division Cdlirt. in thf Cointy of B.FVVEENA-i|^B ^PUi4^ . ' AMD ^ . T A 4 • . *, ^*-^^ ^ -',^«/«»dii. ' >iJ'p,:;?;;J^L*^^: :.°^..:, rntheGou%o# Jr.^ N "t* S* ^%\:J ■^''^l?^''^ ^^^v^^:^^ ^TenT XiLl T ; ,-. -^ /; "!j;' '^:. P l ^ . >fe»th o «uiftof| . debt ' . /J>' iV^ '-^i .^■» 4l^: 4 .\ 390 .an and costs, {or accord mgfo the Judcfment^ and that the pame remains wiiolly unsatisfied, lor that $ , pari thereof, jet remains unsatisfied.) ' * • r • That I have reasoo to believe, and do believe, tb)ifc E. F., residing at . ", i , v^ithin this Provin<'e i.^ (or if i/iemrsoa indebiefi U^tiJie Defendant he not known say ^" that one or more persons residing in this Province, jrhom I am finable to name, are ".) indebted to the l^efeqdaat in -the sum of $ , {or if the amount he unkn&wn sap ** in An {imount which I am unable to naiae,")Afor goods sold and delivered by the Defendant *^!'r l'.?'^*^^' ^'°' ^^^ otherwise- occordiag to- the nature of the deht sought tq^e garnished.)' Sworn bl^ore me af the in th'e^Qounty of day or %ii: 18 ofl this erk J (41.) Jtoqe's Attachinq Order. Division Courtin l^e County of. [Stamp.] between A — ^B"^-^—, Plaiiiiif, Ct on the and D— Dffcndanit ; A.D. 1^ Judgment entered in the * Divisiori Court in the County of day of I - . Amount unsatisfied $ s^c 6 T> 281 «S" IPP^'^'**'^." °^ ^^^ Plaintiff and up-mi reading his A^'fiuicJ affidavit, [or the affi4;wit of A.^., his attorney {or 62,53,54,02 agont, OS the case mo;/ he,)] it/ is ordered, that all e<«g. Ofbts now owing to the DeferifluM from any party in this Province, whether due, or accruihg duo, be and the same are hereby attached, to satisfy the judgment ,in this cause. Dated the day of A.D. 18 . .# N (Add Earning as in next Form.) Judge. ■ir-- (42.) Warninpto Garnishm. To D. £., Qarnisb^^, _. Pnlen'-&2,M You are hereby notified thitt from and after the time aaa 0^. of the Berfioe of this (" ordop'' or " summons") qn you, ^*: t.. >.' ^•?\-r .i »5 SV^ ^ all debts due or accruinp; due, from you to the abore Tnv nnf ;S" "^ir^^'^^hed, and if you pay the saK any one other than to the person holding the.proner order to receive the same. orJnto Courtfyouwirc hable to repay it^in^case the C6urii or Judge so Trder 391 --•"/>i (43.) Summons To-GAnmmm and Primary Debtor after' Judgment. [Seal! In the of No. ,A.D. 18 * [Stamp.] Between ■ A. B., Primarjj Creditor, ; CD., Primary Debtor, and E. F., Garnishee, J Division Court in the County ^4J '<■' J udga^nt recovered on the dayV . A.D. 18 .ipthe Division Court in the CoAnty of j< Amount unfiatrsfied. $ You, the above named Garnishee and the Primarv « ,, ?f tHs'brrt tot^« «"rnmonod to appear at the sittingi Itrvm otthrsCourt. tojbeheldat ., oil the day of noteM*" nnL% A'^' i^ A- **' ^f *fa« clock in the Cr^ 1? ''''^ ^^°7 ^^«*^«' 0' no' yo«* the said PrTll' n'r 5°^' r l^hat debt to the above named ment, to satisfy the same ; and ta\e notice that if you yo«^ and^ the Primary Debtor, you must give notice t%eon t|'the Primary Creditor, six days^before the fnf^5®'^ 'f^"'''^^ *o «PP«ar. You or any one J'l'T^^I^^^ ^l8o phew an> other cause why the/aid de|jt should- not go, t6 satisfy the sai# judgment. ,A.D. 18 . X; Y ., : ____J> • r CI*S! • Dated the day of Add warning (Form 43X Sud liule 62. (44.) No. ,A.D., 18 yw^piiAiiT Debtor (before judgment)' »AMj» Garnishee. • ' Div-i^ion Court in the County of 302 - \. lit: GEN^aUL FOBMS OF JULY, ISflft; Between ^ r« , n-^' ^•' Primary Creditor, [Seal.] ^ and C. D.,' Primary Debtor, [Stamp.] and E* F., Garnishee. The Primary Credi* tor claims from the Primary Ddbtor tBe amount of the an- nexed account : (giving the account or claim in detail) ^ Sec. 7, page ^0"» ^^f above named Primary Debtor, are hereby S?8?2^'' ?"?;"^°®^ *o «PPea'' at the sittings of this Court, to be Rules 62, to 62. Add warning (FoiTO 42). Bee Rule 62. held at on the dayof "A.D. Ig (oi'at - on the day of A.D. 18 before the JuOge then and there presiding) to answer the Primary Creditor who^ues you for the recovery of the annexed claim apd you, the Garnishee, are required to appear at the same time and place to state ^nd show whether or.' not- you owe any and what debt to. the Primary Debtor and why you should not pay the stfme into Court, to" the extent of the Primary Creditor's claim in satisfac- tion thereof; and take notice, thatif either of you have any set, off, or other statutory defence, as betwiwn you or as between the said Primary Debtor and a>e Primary Creditor, you must give ndtice of all such defences to the Primary Creditor not less than six days before you are so required to appear. You and all others inte- rested may also show any other cause why the debt owing from the Garnishee should not belaid and, applied to satisfy the said claim of the Primary^eSitorT Dated the day of- A.D. 18 . -'^ ■ ' . • X Y — ^: - ■ Clerk. -• — ' ^r-=- ^^U p^i ^-' ^^^1 ii''^ ^i~ ^^^1 ^H ^M Hi it- ^1 ■1 ^^^^1 ( ■1 Iwfi 1^ Boles 62 and 149. t (45.) MlNUTB m PROCED^RE BoOK OF JUDOKENT AGAINST Garnishee on Judgment already Eecoverbd. Judgmententerodon the day of in the Division Court in the County of Amount uAsatisfled, $ , On ^hearing all parties, [or on hearing the above' named {the parties apf>eariu%-i <'«'•'*'» Ra'-nishee proceeding under « ,, the Act 32 Vio, cap. 23, wherein the said A B f « l^ol\^^ primary creditor, rf D. primary debtoriXd E P pSm^m^'"^ garnishee, a certain debt 6f $ due from jEKn^hee ^ > tbemirawhetto.tho primary ^redifor. securilv shnnlfc • repa^tmsnt thereof into oourt.l>y the pr^imary oreditoi^ • * ^ .^^.i V ( ,> i^- ■ ? • 1 . * ' "\ •^ I I / .\ 8H Ji ,..- M * GENERAL POEMS OP JULY, 1809. I Kovt the condition of this obligation is such that if the above bounden A. B. do paV into Court the said debt, m case a proper order shall be made for such repay- ment. withm five days after [^otice of such order, then this obligation to be void, else to remain in full force/ . Sees. 292, et seq., pp. 215 et aeq., Bule 63. 'J ^'^^'^ ^JIM^^ Memorandum of .Non-Appbarancb of GlftNisHJus, (C. L. P.JAoT, SecJ 296.) . MemorandUrti, " ) I, X. Y., Clerk of the DivisUn Court in the lyithm order named, attended this dky of 18 at the place within mentioned, from o'clock in the noon {as t^he case may he], till past , in the noon {as the case may be) of the same day, and the said J. K.. ( Garmshee) did not appear before me accord- ^^M"^ tl»e said order. 4 "^ . X -Y , * Clerk. Sec9. 292 et aeq., pp. 216 et seq. , Unit 63. (49.) Memorandum of Admiss?on of Debt, when biQNED BT GARNISHEE (C. L. P. AcT, Sec. 296.) Memorandum. On this day of . 18 , the within named ( ( (xarnishee) appeared before me according to the within order,* and admitted that he was and is indebted to " the within named G. H. (judgment debtor) in the sum of HP (if the whole debt be not admitted, add. and no more.") (1/ the garnishee be willing to sign the admission, add, '♦ and signed the subjoined admission in my presence.") X- Sec8. 292, et aeq., pp.215, et $eq., Bule 63.' Clerk. r. J Vr'V o / .^ T ^''*^'** na^ed, admit that there IS a ijebt of $ (if the whole debt be not admiitedr ndd, and no more") due from me to the within named (Judgment debtor). J. K. ( Garnishee's signature). -• — -^ •3?1. Sees. 292, et mi; pp. 216, «( uq., Bul«,63. «' (50.) Memorandum, where Garnishes Denies DedT (UNDER Sbo. 296, C. L. P. AfL) On &o. (as in previous form to the asterisk*), and disputes the debt claimed to be due from him to the WUhin named . (Judgment debtor.) LAKCE OV L^^ 5^7»w^«e he wining to sign iU dental qf debt' I dispute the debt claimed to be due from m^to^* witsim named J- K , \ i^arnishe^a aignaiurel) 895 ■-*«»,. MINUTES OF JUDGMENT IN PROCEDURE BOOK. ' .' (51.) Or Judgment against' Dewindant for Debt or 'Damages. Judgment for the piaintiff* fof $ and $ costs • « ^ ^ eellbrthTnlhe ddm.t "'' '' '" """ °' "'^°" <62.) Op Judgment under 32 ric, cap. 23, secs. 2 S^3. ' The Defendant, having* been served with snecial t,\ .a same {or not disputing $ part thereof, and Plaintiff being content with judfimentf or such pftrt ) ? is adjuSged that Plaintiff reaver! for debtrand $ . Dated day of I /■ -'I ,18 f.7to,:. ;.i'*7'".8 confessed the same sum us due to <64.) Op Judgment op Nonsuit or Dismissal por want .^ OP Prosecution. > Judgment of Nonsuit, (or that the cause be di8-n„i«i^ missed) 0/ co.^., d-o., ordered, add, and the pJaiu tiff '* •Add, " On veraict by jury." if such be tJie fact. .z it'i I . '.K&Mr ^■(t^'^Wi ^W BAJBt-iHMBWf^r a' ff * ^^^ . ,11 pay f for. Defeodant's costs, of $ %t DefeiiaanVa trouble, and $ for his costs; to be paid in dajs^) (65.) Op Judgment on Award. Sec. Ill, p. Judgment for the Plaintiff (or Defendant) for $ ?!! ^^^ Defendant's set-off exceeds the {^'•'hei', that the Defendant do recover against the Plaintiff $ for his costs to be paid in days. •f. f .t i ■ I, Sao. 17, page m, Rule Ui, Bulo 140. u ... (. .... — ■■»■■ (58.) Of Judgment for Defendant for Balance ^ OF Setoff. T»J^ ^Pf,®'*''!"^ ^^^^ *^« Defendant's set-off exoeeds the Plaintiff 8 claim ; it is adjudged that the Plaintiff's claim, proved at $ , be discharged, and that the said set-off as to that amount be satisfied, and further,' that as to $ , residue of such set-off, the Defendant have judgment for the same, together with $ for his costs, to be paid in days. 4 (o9.) Of Ordinary Judgment against Executor or Administrator. Judgment for Plaintiff for | and $ costs, to" be paid m days, to be levied of the goods and ohaltels of the deceased ; failing such goods, the costn to be levied of the Defendant's proper gpods and cuatteis. ' -_. Add •' on verdict by Jury," if such be the fact. ' {#:)'0FJcDOMENt AGAIKST AW ExECtTTOR OR ADMimfl J "TR^l-OR, WHO HAS WASTgD AsskM^ «radgmeftt for Plaintiff for $ and « «nofo k. b^iP^'d in daA tobelevi^dof thogoolsand °hS;e^ '''"''' ^^«^ sum'::^^' foiling such ^od^ tb^l^e w^e tZ nfp T /; ^ *"** ^''^ «*'^ costs) to be levied of i^h^f^""^' ?!?^f «^^^' ^"<1 chattels ; the Defen -•- — (61.) 61- JanamNT against an Executor or Admintis: J:RAT0R, who has denied his REPRESEN?!TiyE pBA^ACTEe. OR Pleaded a Release to HiClp Judgment for: Plaintiff for $ and $ coata in r. . be lev ed of t'^/r;'^^^ «"°^ good? then to DC jeviea ot the Defendant's proner ffoods fJm nofo« I)9fendant having denied his representative character") and thrs plea being found against him. ""•*'^'**'^«' >> ST J ^^^'1?'/''"°"^'*'' ''''^'H ^^ EXECCTOB OR AdMINIS- , TRAT.)R Wao ADMITS bJs REPRESENTATIVE ChaRAC- TER, AND DENffiS THE DeMAND. The same OS in ordioar,/ Judgment agam&t Ex^tor or 5"''^ ^''' Admmtsirafor (Form 59 ) y *» Mj^^ecvwr m po,.,,, ^^^ ^ '' auk. (^Hh JuiioMENT AGAINST AN ExECUTOR OR AdMINIS- TRATOR, WHERE HE ADMITS H.S REPRESENTrT^TB ?oT?/'or'p^''' ^"^T "^^ ^^*'^^^' ^«» ^'s«"«« loTAL OR Partial Administration^f Assets- AND THE Plaintiff proves His Demand, and tm , Defendant proves Administration. Judgment for the Plaintiff for $ debt^and also '* co^f^'.t? to paid m days; the Plaintiff's dernand which ^vas' denied, having been Proved and full (pr paHiul) adminisfration also having bCproved wh|j, wi« denied, the, said costs to. be levied ^of the fh^n??? t1''^^ ^^1^^ ^'''''^'^^'' failing sud^lods! then of the l)o endant s proper goods ; the said dibt to be levied of the goods and chattels of the deceased hereafter:to oome to .the Defendant's handf tS be administered r and ordered that $ the costs of provina Ittph ad«inr«tratioii, be paid by the Plaintiff in * ys. A' ■ ■ ' Rule 68, 'H ms •# Balo69. '# QJSam^ FOBMB OT JULY, 18W. J (64.) Of Judgment AGAiNSf Emcutok o« Administra- tor, WBERB THE DEFENDANT ADMITS HIS KepRESEN- TATfYB Character, but denies the Demand,' and 4LJ.EGES Total or Partial Administration ojr Assets, and the Plaintiff, proves his Demand, tND THE Defendant does not prove Administra- iioN. „ Ja'dgment for Plaintiff for $ ' debt, and also $ coats, to b6 paid in dayri. ,to be levied of the goods and chattels of the deceased : failing such goods, then the said coats to he levied of the Defendant's proper goods, and the debt to be Jevied of the goods and chattels of the deceased, hereafter to come to the Defen- dant's hands to be adwinistered, the Plaintiff's demand having been proved, which was denied, and adminis- tration, which was alleged, not having been proved. ■■■ij, \ Rule 70.' i^'- (Oo.) Of JuDQMENTV AGAINST Executor or Administra- TOl^ WHO admits HtS REPRESENTATIVE CHARACTER, AND THE Plaintiff's Demand, but alleges a Total on Partial Admin rsTRATioN of Assets, and proves THE Administration. r ^ Judgment for Plaintiff for $ , to be paid in davs ; to be levied of the goods and chattels of the decea».ed, hereafter to come to the Defendant's hands to he administered; the debt hot being denied, and^ full /^n v<.><%^'!nl\ — .i_:_;_i Lf ^ « . ." E> .... full {or partial) administration, which **r^, denied,' been proved. Ordered that the Plaintiff pay $ having , , ^^^^.^ for the Defendant's costs in davs. If .5, , •- Rulell. (60.) Of Judgment aqatnst Executor or Administra? TOR, Wm ADMITS HIS REPRESENTATIVE CHARACTER, -aKd the Plaintiff's Demand, but alleges a> Total or Partial Administration of Assets, ' AND does not prove THE AdMIN IST^ITION. . Judgment for Plaintiff for $ debt, and $ ^ costs. . to be j)aid'in ^ days ; full (or partial) administrajion which was alleged, . and disputed, not having been proved,« Petered that the said sums be levied of the goods and chattels of the deceased ; failing such goods' then the debt of the goods and chattels, 4hereafter to come. to the Defendant's hands to be administered, and the costs to be levied of the Defendant's proper goods. . '1 ' % tte Pla&L- *^ • """*'°.« -notified ; a»d t'ha" * Of Judgment to REviyft a Judgmi?nt against AN ±iXECUTOR. #■ ''>,• ^00 ^^>- ■ # (69.) Of Judgment for Executor to Revive a Judgment. Jiideraent for PWntiff, that he haye execution asainst , , ^ m4taCo\i;'ft?f\°' '!;'' Court ("."oTtt ^'!s\" Urn i;f«i- ^^"'^'' ®'°-) whereby the said C. D in (70.) Of Judgments in Replevin. VuZ-Si^'^f' ^^^""^ *' S^"®''^^ form of jud^ent for p.,*i ix« Plaintiff for damages and costs, No. 51). ^ ^ ?i 5i' °r "cS"v^!X .f tk"* ',''''' 'i"! eoods and chattels ,;i^;; fe 7' .' o < fl - ,© , 4 ' -. * ^ 1 i^^ , . *■ ,1 tW . -— - :^ ,. •% •.*_ X' . 1 ■ •-■ . 'T^ / * ■♦ '•> • .t "^^ '••! ^^ » * IMAGE EVALUATION TEST TARGET (MT-3) c ^, ^ \i 1.0 1.1 11.25 2.0 IK HI i*0 m U 11.6 ,i Photographic Sciences AlkiA^Aii^lirAla 29 WIST MAIN STRUT WIMTIR.N.Y. MSM (71«)l73-4»03 .4»4*r.i|iv^iK- t •* ; * - >' * , ' •">. ' •■ - .' ' ^' • ' ■ ^ • -■-•,• ■ V o *>. / :: .t* i-V^ >Jj< A « • ft 1 -_ _ N * ' ' ' * ■ \^ ^ — , • t I ^ « , .^ - ■« \ ■ I I^ t k V ' 1 ." ..,;. .-«rf.;' > -„ «* ,,• ■4 i ■'ir.^^ 4 •. ,| 1 400 'r--^ Rnlos 14tf. 44aQd i s^ GENERAL FORMS OF JULT,^,186»» *- tlicj cattle {hSte Bpeeify {he cattle), or do pny in days* the sum off which is adjudged as the damages sustained bj the Defendant, and that the Plaintiff do pay within the time aforesaid $ for c6sts: \'> For Defendant where Replevin ia not for t'ent not far damage feasant, Adjudged .that the PlainHiV do return to the Defendant the cattle {or " goods and chattels," {as the case may he, sidting^he particulars thereof) forth-' with {or in days), and that the Plaintiff dp pay the Defendant in days, % for costs of suit* and f ?»•» for damages^^ustained by the Defendant by rejvion of the issuing of the "Writ of Heplovin in this oaude^ If no damages are awarded then omit from last Minute all the words from the asterisk. ' Btilo 140, *' V \'-- Vf?, 5'"V ^ . (71.) Of Adjudication on Intirplbadbb. ^ Adjudged, that fhe goods lor the goods, chattels and moneys, or proceeds of the goods, etc. {as the case may he)] mentioned in the Interpleader Summons [if only for apart qf the goods, &c., add the words, "hereafter mentioned, that it to say {here enumerate them)], are {or are not) the property of E. F. (the Claimant), or that rent to the amount of % is due to E. F. (the Claim) : ani,) ; Ordered that $ , the costs of this proceeding- be paid by {Jure insert such otder as to the costs or the sulked in dispute, if any, as the Judge shall have made, in days. Beo. 126, p. ei, Rule 149. ■ ♦ i ■ (72.) Of Imposition of a Pins on a Juror, for Non- Attbndancb. ist Adjudged that G. II., ytM duly summoned t« attend this Court now holdeu, as a Juror, — that he hath made default therein, — that he pay a fine of % , for such default, in days (or forthwith). (7&.) Of Or*dbr for Imposition of Fini for Contempt. Bi nnf v> «S " a^Ju'^go^J. *i"'t ^ F., at the sittings of this •et m p ^) ; tempt of the said C( urt, by wilfully inquiring s , n..i- lAo j^j^Q ^^^ Deputy or Acting Jud;?e) of the said Ooarl [or " in view of the Court, by wilfully insulting , Clerk {or Bailiff) of the said Court, during his attend- ance at such Court** ''^*»°° (<''• *« Pro^Juce such &o.}]. (Or Adjudged that H. H. being before this Court, now holden and called upfln to give evidence in this cause, did wilfully refuse to be sworn and give evidence.) And- fiwther adjudged that the said H/H pay a fine of $ , for such neglect (or refusal) in days (or forthwith); And that the sum of $ part of the said fine, be paid by the Clerk to the Plain- tiff (or Defendant! being the party injured by such neglect or retusal. r j j j on (75.) PoSfPONBD JuDQlfSNT tTNBER SkC. 106. In the Division Court in the County of — Bbtwukn a- B— , Flainiif, AND ' «■» c- D 4: ' , Dt^/endant. At the sittings of this Court held on the day of Sec. io«, * . u \^^ . V* '°® "*'^ Division, this case came J"^^^- on to be. heard, and after the hearing thereof by the Judge in open Court the giving.of Judgpient thereupon was postponed by the Judge till the day of 18 at the hour, of at the oflice of the Cferk of this Court ; the case having since been maturely con- . Judgment) ^^®' ^' " '^^J"*^^*^ Ac. (according io The Clerk will read this decision to the parties or their agents, if present, and forthwith enter Judirmeot according to the Statute in that behalf. * " ' Dated &o. ==t Judge. W""' jTrfdl _.-*^». «.i,|>~»'rf' [.lik iii' f&. "'3»„J4<( • m^^ '->£ k^ i \ t ^ ■^ ^ ■^ ^ - * . *-\^ * ~ • V , ; «. ^ C -D — , D^endant. Itulei42 ^^^^ ordered, that the judgment rendered in this cause, and all subsequent proceedings be set aside,- and "a new trial be had between the parties on {set out the terms or conditions, if any, on which the order is made.) Dated , 18 . J^dge. „ .EXECUTIONS. * (77.) Against Goods of Defendant. In the Division Court in the County of — No. , A.D. 18 . [Seal.] Between A B — , Plaintiff, AND C D — , Defendant. Sec. 135, pp. 'Whereas on the day of A.D. 18 , the Plain- aidnoS J"?. A"ly recovered in said Qourt, holden in and-forsaid Division, judgment against the Defendant for $ for Si- R',rf 5^5*' ^?^ ^. ^"'' ^'^^^^ °f «"^^' w^^ch remains unsatis-" 83. 34, 148 "®<^ (^^<'" ^^^^ it^i^ent has been revived, add, " and on 165,156,158. the day of^^WA.D. 18 , the said judgment was duly revived,"3^||rare hereby required to levy of the goods and chattels of the Defendant in the said County (not ei^.tapt froflti execution), the said moneys amounting together to the sura of % and your lawfpl fees j^ so that you may have the same within thirty days from the date hereof, and pay the same over to the Clferk of this Court for the Plaintiff. Given under the seal of the Court this dav of A.D. 18 . ^ ' X— Y^ , - To V. W. ^^^''^* Bailiff of said Court. Judgment $ Interest Subsequent costs.., This execution. Levy the sum of ....>...,$ , and your lawful tees upon this precept. . ■. . ' • • S' . ' _^^ii*!.i.j«r^ ^» -J-. i*.iXm,.-f -li^ju,,. '^sS^i&j.Jk is^.i J^'^'^';5:4ii GENERAL FORMS OP JULY. 18C9. (78.) Against Goods of Plaintiff. In the Division Court in the County of No. , A.D. 18 . ' ^ BetwteenA B^ , Plaintiff', ^- 403 v^ [Seal.] C. Whereas on thje and -D- -, Defendant A.D. 18 said Court holden in and'^fJrld Diviatoi!* /'dg».'en" wA, was given for the Defendant, and for $ costs (or «»'*"«*««: intrtTouhL'^'i".^^ ^"1 ^^'^^ '^"^ ^ ^- I^^^"^^- ^^^' /^J" on! ~ Tf •^''''^^' ''*' '"*^ >""» V" execution, to end, / transposing the words ^^ Plaintiff- and -Defendant" where they occur. "^ — ♦- (79.) On Judgment for Balance op SetOff. In the Division Court in the County of- No. , A.D. 18 . Between A B , Plaintiff, and D- -, Defendant. • ^^Tat' o? '''° '''' A 1^ V^'' ^°"''^' ^^^^^'^ °" *^^« «"'o I'^S : . • J A.J.K , ' ^•^- 1^ • a' .it was ad- Sc.c.o4,p' judged that the above-named Defendant should recover If/ ,,„ against the above-named PlaintifF the sum of $ * the residue «f his set-off exceeding the Plaintiff's cl.aim, together with % his costs of suit, which remain^ ' unsatit-fied you are hereby required {conclude as directed 11} last form). (80.') Execution under 27 anI) 28 Vic. c. 27, where . Judgment OBTAINED against a Defendant resi- DING IN A Foreign Country. * In the r Division Court in the County of A -1^: No. ' , A.D. 18 . J • ^,^ [Seal.] [Sl^cf Catt'se.) f.^l^TJ ^Y P/^'^ o;«"ti"g8 of this Court is nenr^^st nmess i48 the Defendant's residence, and at the sittings of the EI4 page said Court holden on the day of A D 18 " ^^^'^ in and for the said Division, by judgment of the said ""'''''• i/ourt the Plaintiff recovered against the Defendant under the provisions of the Act 27 and 28 Vio. Cap 27 \ ' I.. 2r . 't : » ■ If.', " ,y h . Ut* 5 r' ^JLIuL'L^'* » "^ '^^" Xj!-^" J^li^s^ ■ wV '*^ filler . ^~r" ~, ^~s'4£ji' ''«- fe*'^ I - ■■• t> GENERAL POIIMS OP JULY, 1869. $ for debt, with $ for costs which said debt'«neal.| AND . "^ — : — ^ , Executor of E. F., deceased, Defendant. hJj^^^ **" ^^^^ commanded (or as before or as often m.ies isr before) to make and levy by distress and sale of the a^lli i^ ' &T n'r'^^i'^'."^ \^" ^«««*«^' ^° *he hands of the said Defendant, as Executor {or Administrator) to m this Court {or m the Division Court, &c..) 6n ZplafnhXS'*KI^^ '"i^ <'''r ^ ^° ^'^ lifetime fb? the Plaintiff s debt {or damages) and costs, and where- ot It was on adjudged in this Court (or in the Division Court, etc.,) that the said Plaintiff should have execution against the said Defendant as Executor (or Administrator) of the s-aid deceased, to be levied ol the goods and chattels of the said deceased, in the 406 ' ^ •ill! ♦ «* ^ ■ - - . . > ■ 406" GENERAL FORMS OF JULY, 1869. '■ *' i;X^ • "\^ " ^^^^ Defendant's hand? to be administered, together "'' ^ with t*e costs of execution herein, and your iuwful fees; :- «»o that you have the same within thirty duys after the . . ' <^"t0 hereof, and pay the same over to the C^lerk of this \ :'^ Court for the Plaintiff. > Given under the seal of the Court this day of - • X--^~ Y— , ' • * ^ Clerk ToV.W., Bailiff of the said Court. " Judgment., ^ Interest ". '" , . Subsequent liosis.... / _ /^ This execution. 1? \ . Levy the sum of $ , besides youf own lawtul lees upon this precept. wto^S'' ^: ^^'-^^'-'''i'oft^vpo.i. am juJgwcnf. in olUr mnes .* * « ■ af/ain::i ExeciJlo,% hwy be damn from this Iwm, with •!^ , the requisite alterations. _^— . - ' (84.) AoAiN.sT Goods of Testator. In the Division Court in the County of . No.- ., A.D. 18 . Between xi B — , Plainti^. • [Seal.] AKD ^ ^ , Executor or Administrator E. F., decpused, Defendant. gc.2Mmge. Whereas on the day of , A.D. 18 , the ^ Km«'i68j I'liiJntiff duly received, in the said Court, holden in ;r - ana lors'^id Division, judgment against the said Defen. ^:. 9fendant to be administered in the said County of , the said debt and costs, amounting together •f are, thei you caui ■ ;-' , IK J " ^ M&:. ... - t , ■ ■' jJjm'^''nT, ^jWi jj-ya ^aBj™ P'^ ' GE2TERAL FORMS OP JULY, 1869. " ' "' .• '%k^ 407 exeqution; if the Defendant have so much thereof in , his hands to be administered ; and if |,e hath not To much thereof in his hands to be administered, then D^LTn^^ '^.i^' P^.°P^^ «°°^« anfchattels, of the l>efendant, m the said County of not exemn? from execution, the-said moneyV.^nd your ?awful f^es ' so tha you mav have the same wilhh/thirty days afte; ' , X Y ; To V.W., Bailiff of the said Court. .^^''^" Judgment « ' • •Interest ,\* * ~ . ■Subsequent costs *.*..' * .. This execution.. ,,,[ * ♦■ (85.) InRepleVIK AGAINRT PlaINTIFF WHEN ReTUEN OF CrOQDs Adjudged wivn Damages and Costs. In the Division Court in the Count of — Between A B , Plaintiff, [Seal.] ^ND ^ ^ — :MkD^endant. , No. , A.D. 18 . /"' tp n hearing this actio^f Replevin at a Cnnrf « 'o. Zir' A i'^r^^-^b-aid DivliJ'o'n the^'"' S>:te° ?wf^ v7 ° ^^efendant the cattle (or the goods or chattels a. the case ma, be stating particulars ^iZf), PlalnflfffL u' ^"^ ^If'^^T.^^'^y *''>• *a«d also that the Plaintiff should pay to The Defendant the sum of $ for damages 5=^ {omit the wards between the asZhJwhen there are no damages awarded, but the judgment 7smerZ for onTl <^ndfor costs); and also the ?um o"$ ^ th« «»-^ n ?'*i *°^ ^^^ ^^^•'^''ff ^'^^ not ^-eturned to cnattels), or paid the said damages and costs) thp^n vou a""''r' ''J,'V'' ^°^ «^'^«'" that withoul' delay ^ you cause the cattle {or goods and chattels). aforS ^.? :'W ^i«liJliuy II I III I I iiiiT III ' .1 II . , 9'. 40S ' * GENERAL FOBMS OP. JULY, 1860. \ 'J: , 4 ■ " , * i I to be returned to the Defendftnt, and thaj; yoa levy of the goods aud chattels of the Plaintiff, in the said County of (not exempt from execution), the said moneys, . amounting. together to the sum of $ , and your law- ful fees, so that you may have the, same within thirty days After the date hereof, and pay the same over to the Clerk of this Court for the Plaintiff. . ^ Given under the Seal of the Court this dav of . A.D. 18 . To V. W., Bailiff of the said Court. ' X Y , Judgment $ Clerk. Interest • Subsequent costs......... Xhis execution Levy the sum of. $ , besides your lawful fees on this precept. « , — • — r (86.) Against Garxishbe on Judgment already Kecoverbd. In the Division Court in the County of Between A-^ B — , F^aintiff, ^ Judgment recovered on and 1 the day of A.D. C— D— , D^endant, ^18 , in the Division [Seal,] and" Court in the County of E — F — , Garnishee. J Amount unsatisfied, Adjudged against the Garnishee on the dav of A.D. 18 $ Ruie62'; To V. W., Bailiff of the Said Court. v. Sec. 24, page RuiL 158 ^^^ *'® hereby required to levy of the goods and chattels of the Garnishee (not exempt frqm execution), $ money owing from him to the Defendant, and which has been attached to satisfy the" judgment in this case; and what you shall harve. done herein return with this writ within thirty days after the date hereof. Dated the ' day of , A.D. 18 . X Y- . - . ' Clerk. ■/I .-%..:. ^ A'Afe.;* ? . * ;.*;.»_ •^ -41 GENERAL' FORMS OF JULY, 1869; . ' (87.) Against Garnishee on Judgment Recoyered AGAINST HIM AND PRIMARY DeBTOR. In the Division Comt in the County of - — between A B — m •4 « -r c- E- D- --, Primarj Creditor, and • -i Primary Debtor, ' and -, Garnishee. Amount adjudfi;ed due from the Primary Debtor to the / Primary Creditor the day of A.D. 18 , for debt, $ Ifor costs, $,\ ' , [Seal.] -^ Total sum, $ Ru/e 62 ; Amount adjudged to the Primary Creditor for money 293; ^'*' ^"*^* owing from the Garnishee the day of ^^^^^ isa A.D. 18 , $ '^ To V. W., Bailiff af the said Court. . You are hereby required to levy of the goods and chattels of the Garnishee (not (exempt from executioti), $ money owing from him to the Primary Debtor, and which has been adjudged to the Primary Creditor to satisfy his said claim against the Prifiaary Debtor, and what you shall have done herein return with this^ writ within thirty days after the date hereof? ■■\ u- Dated the day of 18 X- pierk. (88.) Against Prutary Debtor and Garnishee. In the Division Court in tho County of — — Between A B , Primary Creditor, ' and \ f C D-- — - — , Primary Debtor, [Seal.] - E- No, , A.D^^ and F , Garnishee. '\. T -.* "*u <*• tf Jt« ^e t Jtf 1 t ^ ^^fe»- ♦** » 1.- .» ' ^ . 4^ . '-• " ^ , • . ■ ' ' ' Ih' 410 " GENERAL FORMS OP JULY, IWO. Rule 62- -A™*^"*!' adjudged doe frbmtBe' Primary s^c.84,rtige •t'ebtor to the Primary Creditor, thcL ' ' ' 293; Rule day of , A.D. 18 . , for debts... $ - --' " "^- For cost? .:...;...» _ I , Total debt and costs ".'."......'...'L'.*; | Amount adjudged to the Priroai7 -Creditor' /^ for money owing from the Garnishee, ^ the. day of. , A.D. 18 ;.. $ <, ;, ToT.W., Bailiff of the said, Court. ^ ' ^" . ' x.VA "/ ?®'i^V required to levy ot thi goods And . • chattels of the Primary Debtor, in ,the snid County of 1^—7— (not- exempt from executipn), $ above ^ adjudged to be due to the Primary Creditors from^heV Primary Debtof;,4ogether with the costs of this precept. ' ' and your lawful fees, m executing the same. And if eo much goods and 'Chattels of the Primary Debtor be . . not found in the said County as will satisfy the said ^ judgment, then that yoik levy of the goods and chattels of the Garnishee in the said County (not Exempt from execution) $ (or so much thereof as may be neces- ' > sary to 8ati8fy,the said judgment) money owing from : the Garnishee to the Primary Debtor, and whiSh has been adjudged to the Primary Creditor ; and what vou shall have done herein return with this writ within . thirty days after the date hereof. Dated the day of , A.D. 18 . j^ ' X' Y .—, Clerk. : •♦ —* — ■^ . '" (89.) For Garnishee's Costs. " • . In thfi„ Division Court in the County of ■-^' ■No. , A.D., 18 . . ' , • ... Between A— ^ B :-, Primari/ Creditof, AND [Seal] ^ C^- D '—, Primary Debtor, AND • E F ; Garnishee. l:o V. W., Bailiff of the said Cour(. . . . Ruie62Sec ^hcreas at the sittings of this Court holden on the 24, p. 293; ' . ^ day of ,18 , at it was adjudged that • Rure 158. the Garnishee was not indebted to the Primary Debtdr as claimed by the Primary Creditor, Kr | ' for lus '^ coats to be paid at a day now past, andf the Prinrnrv ^ Creditor has not paid the same. v . /^^ , » ^ if' t^iii^Ji0%»^ '/ 9 ,. i\' GENERAL FORMS OP JULY, 1869. ,y 411 You al-e-ljeteby required to le\ty of the goods and chattelft of the above-named Prim any' Creditor in the said County of -fnot exempt from execution,) $ for his 8ai4 rests, together with the costs of this pre- cept and your lawful fee^ in executing the same, and ^ what you shall have done herein return with tLis writ within thirty. days after the date hereof. Dated this- day of 18 . ' .^^ ^ • • ■ / X- '/ 11-,''' - ' , Clerk. > - 0- (Oa) Execution under 293rp and 296t& Sections X)f ^rtiE Common^ Law JProcedurb Act. In the -— - Division Court in the County of •"•^- In the matter of the suit in the Court ot (Queen's . iench, or Common "Pleas, or County CdiiKi of the County of) • ' -i /'^ [Seul.] Between A — — D- , Plaintiff, •AND D- AND V E- , Defendant^ Varnisliee. To y. W., Bailiif of the said " Division Court. You ard hereby required to levy of the -goods artd gee 2o« chattels ^th« above-na».ed Garnishec-Mn the said pp- '216,21 7; County of ^ (not exempt from execii-tion) $ Rule 63, sec. money, owing from him to the DefendaWt, which has Ru/eTsV'*'^' been attached to satisfy the judgment of the said Court in Hie said causej^nd which, by ttie order of the Judge of4he County .Court of the said County of , dated the day of - , A.D. 18 , the ^id Garnishee " was ordered to pay to the Plaintiff. And what you shall have done herein, return with this writ within thirty days after the date hereof. " Dated the day , A.D. 18 X Y- (Olj Clerk. Executton against the Goods op Claimanjt on . . ~»lNTBRrLEkDER. •; C Id -the Division Court in the County of No. A.D. W\ r^A ~^ f-j v\*t .»L ?i^w*> if^ " ^ '*'*"■'< 4 '' ,, i'f-\ "'-^^i Bi^^i^H^Bi^iH \ K ^- - per- ■%* v^4,f--*r-*|^#, 1«. . ;m 412 GENERAL FORMS OF JULY, 1869. Bbtwebn A- B- ISeal]' -, Plaintijf, AND D- Whereas on the — , Defendant^ E. F., Claimant. Sec. i35,pp. .p./:"^'^^", "" "'« ,. day of , A.D. 18 , the 64 and 65 ; riaintitt duly received in eaid Court, holden m and for £• FoiTO^*" 5^;,^ Division, judgment against the Defendant for $ 71; Rule 158. P^H a^d % for costs of suit whicfeh remained unsat- isfied, {when the judgment has been revived add thefoi- lowinff words :*' and on the day of , A.D. 18 the said judgment was duly revived") and the said moneys not being paid; an execution issued against the ^ goods and chattels of the Defendant; under which cer- tain goods ai?d chattels were seized, \ If the Interpleader \Wa5 m respect to goods attached, omit all the preceding after the word " Claimant," and my in lieu!Hliereof as follows:—" Whereas a writ of attachment was Sued out of this Court {or issued by a Justice of the Peace) under which certain goods and chattels, etc., were seized and attached'^ to which the above named Claimant made claim, and which claim came on to be heard and decided, upon Interpleader summons, at a sitting of this Court,' held on at and at such last mentioned Court it was adjudged, touching the said claim, that the goods [or the goods, chattels and moneys, or proceeds of the goods, etc., (as the case may be)] mentioned in the Inter- pleader summons [If only for a part of the goods, etc., add the words—'' hereafter mentioned, that is to say" {here enumerate them)] wete not. the property of E, F. {the Claimant); and it was ordered that the sum of $ ' the costs of that proceeding, should be paid by the said Claimant to the Clerk in days, for the use of the eaid Plaintiff; and whiereas the said sum of $ has not been paid, pursuant to the said order, you are liereby required to levy of the goods and chattels of the Defendant, in the said County of (not exempt from execution) the said sum'of $ and youi: lawful fees, so that you may have the same within thirty days after the date hereof, and pay tlie same over to the Clerk of this Court for the Plaintiff. Given under, the seal of/Oiis Court this ' dav of A.D. 18 . 'J' "' . X - Y-^ ; 'It ToV.W., BiiiliffofeoidCourt. Clerk. ^ m t » *• *^ - . ^J ■ • Mi • GENERAL FORMS OF JULY, 1869. /-. q Judgment , $ Interest ,,, Subsequent. cost This execution * > /. 1 y^ * > besides your own lawful fees upon, this precept. — • — . (92.) Execution under the Act Respecting Line Fences and Watercourses. In the Division Court in the County of - . No. , A.D. 18 . ' Between A B , Flainiif. [Seal.] , ^ND A ^ ^ -^ , Defendant. ■ Wher|S5 under the provisions of an Act of the Legis- Con. stat. of lature of the late Province of Canada, 22 Vic. Chap 57 uc .ap. 57, coirses " A V'o/tSr.''^"^ Line Fences and Abater: L^V^bfif courses, a. li., of the township of , C. D of and sec. 17, the same place and E. F. of the same place ' ?''• ^.l**- ^i"-' hree fence-viewers duly appointed for the said town- 203^1^ ^ Au »^i^e County of , having been i^^. Bummoned by Q. IL, a Justice of the Peace in jftd for the County of and residing within the.^ town- Bhip, to ascertain the amount payable by the above- named Defendant, to the above-named Plaintiff. " for ,'a^. ^u^„ V^*"* V^ * ^'^^^^^^ f«^ce," - watercourse " or ditch (as the case may be) in the said township t ' A °° *^*^ ^^y 0^ -^-D. 18 make their determinatiou between the said Plaintiff and Defendant, of and concerning the same, and of 4ind Zpr'''%*^%*n°"°'' ^^^ «*^^ Defendant should pay the Plaintiff as follows (here state the award of the fence- viewers) and duly reported the same in writing under their hands, to the said G. II., on the day and year fhr^'^'^H . . r^ the said G. II. did%r^ h!ooM^*f • .■ »» th« year aforesaid, transmit the said determination to the Clerk of this Court, being the Division Court having jurisdiction over that part of ^LITa ^''''i^S^JP ^^ . ^° ""^'^^ tb« «»i^ fence i« situated, and did certify therewith that the costs of him the said Q. H., with the Fence-viewers, bailiff's and witnesses fees, amounted to the sum of $ which ^^ the Defendant by the said determination, was ordered i X-i tir^ . .^ — — — ^ ,..' _ - . . /^ 414 GENBRAL FORMS of JULY, 18«9. , i T.,"^"*?*^*^®'®** *^« defendant did not pay to the Plaintiff, within forty days from the date of the said determination the said sum of $ and costs, and the same remain wholly unsatisfied, now therefore at the request of the Plaintiff, and in pursuance of the said Act, you are hereby required to levy of the goods and chattels of the Defendant, in the said county- (not exempt from execution), the said moneys amounting ^ together to the sum of $ and your lawful fees ; so that you may have the 6ame moneys thirty days after ^ the date hereof and to pay over tke same to the clerk of this court, to the Plaintiff. Given under the Seal of the Court this dav of A.D. 18 . '' X Y , *» Clerk To V. W., Bailiff of the said Court, Ju'-^ ^-J.-- .. *-: -* -;■■ \Ai^- GENERAL FORMS OF JULY, 1869. | f^.ff^ip^ff' ^"?•^•^*> I>efen<3aDtj incurred the debt (or liability), the subject of this action under false pretences" {or " by means of fraud or breach of trust")!- And thereupon it was ordered by the said Judge that the Defendant should be committed for the term of days to th6 Common Jail of the said County, accordine to the form of the statute in that behalf, or until he should be discharged by due course of law : These are therefore to require you, the said^ailiff, and others, to take the said Defendant, and to deliver him to the Jailer of the Common Jail pf said County; and you the said Jailer are hereby required to receive the Defendant, and him safely keep in the said Common Jail, for the term ot days from the arrest under this warrant, or until "he shall be sooner discharged by due course of law, according to the provisions of the Act of Parlia- ment in that behalf; for which this shall be your suf- ficient warrant. "^ Given under the seal of the Court this day of X- Debt and costs up to the time of the delivery of this warrant of execution ; § Clerk. (95.) Warrant to Levy Fine upon Witness. In the Division Court in the County of Between A B , -piamii/^, [Seul] AND ^ -, Defendant. Whereas at the sitting of this Court, holden on ' «it ,.it was adjudged that II. II. was duly summoned to appear as a witness in this action, at a sitting of this Court [and also to produce {as the case may b6)]; thTt payment {or a tender of payment) of his^reasonaWe expenses was made to him, and that he did not appear [or having appeared did wilfully refuse to be sworn and give evidence in this action (or to produce sTch! Tf^tltl iff' "" ^'^"''' '" ^""'•^ "^^"^'^^ ^' 9ivt evidence instead of foregoing, commence: " Whereas II. II. beinir to Z« l''?'"'"' •' ^'^"i"S^ '^«''«°f' ^°d called upo5 to give evidence, in the above cause, did wilfully refuse to be sworn and give evidence") ; And thereupon it was adjudged, that the said II. II. should pay a fiSo of $ .iaa^j^.fiiJ f'i'iA.. ''J,. ■ ^^'^m.. y^W(^n '^.^f-Tn'7;i^':5fT^^|^fi'T!f ■^^' .GENERAL^ORMS OF JULY. 1869. for BDch neglect* (or refusal) in days : (or forth- with) : And whereas the said H. H. hath not made such payment : . These are therefore (as before or as often before) to command you forthwith to make and levy by dratress and sale of the goods and chattels of the said H. H. (not exempt from execution^) 'the said fine and costs, amounting together to the sum of"$ and your lawful fees ; so that you may have the same, within thfrty days after the date hereof, and pay over the same to the Clerk of the Court. Given under the seal of the Court this day of 18 . ■' ^ " . By order of the Judge, X Y- . To V. W., Bailiff of the said Court. Fine $ Costs *^ Execution Levy the sum of $ lawful fees. — * — Clerk. and your own (96.) Warrant of Commitment for Contempt in Open Court. In the Division Court in the County of 417 To V. W., Bailiff of the said Court, and to all Constables and Peace Officers of the Caunty of , and to the Jailer of the Common Jail of the said County of Whereas at the sittings of this Court holden on ' gee. i82, p. at it was adjudged, that E. F. did, then and there «l ; scc.'isi, in open Court, wilfully insult me , Judge (or Deputy \^g'^ ' g";- or acting Judge) of the said Court for did, in view of Uui'esioito the Court, wilfully insult , Clerk, (or Bailiff) 6f loa- the Bq,id Court, during his attendance at such Court (or did unlawfully interrupt the proceedings of the said Court)] ; And it was ordered, that the said E. F. should forthwith pay a fine of $ , for such offence, and in default of payment, be committed to the Common Jail of the County of for days; And whereas the said E. F. did not pay the said fine, in obedience to the said order: Xliese are therefore to require you, the said Bailiff and others, to take the said E. F , if ho shall be found within the said County of , and .^ 418 Sec. 169, 82. OENEILVL FORMS OF JULY. 186!). ' deliver him to the said Jailer of the Comrann Jail of the said County of ; And you tho said Jailer are hereby required to reeeive the said E; F., and him safely keep m the Common Jail aforesaid, for the term ot days from the arrest under this warrant, unless tde said tine and costs, the costs amounting to $ and also the expenses attendinor the commitment* amounting together to the sum of'S Given under my hand and seal this 18 Sealed with the seal of the Court, X — be sooner paid. day of LL. S.] -, Judge. [L. S.] Clerk. 970 Certificate foA DiscnARGE of a Party from) Custody". In the Division Court in tho County of No. , A.D. 18 . Between A — B , Plaintiff. AND D- i,x- -, Defendant. -J » certify that the Defendant, now in your custody under Warrant of Commitment in this cause has, since the issuing of the said Warrant, satis- tied the moneys for the non-payment whereof he was so commited, together with all costs and charges in respect thereof ; and the said Defendant may, in respect of such Warrant, be forthwith discharged from and out of your custody. Given under the seal of the Court this dav of 18 . , J LSeal.[ X Y . > Clerk. To the Jailer of tho Common Jail of tho County of County of , ) {here insert the count ij.) j Vfyi^i r GENERAL FORMS OF JULY, 1869. 4^ q TRANSCRIPTS. (98.) Transcript to another Division Court of Judgment under the -AcX of 1869. In the Division Court in the County of ' : Between A—- B , Plaintiff, [Seal.] j^ND C D , Defendant. ^° *^® , ^'^y of 18 , a " Special Summms" Sec. 139, pp. requif-ing the Defendant to answer the PlaintiflF's claim IL'"!^.^^' for a debt or money demand, amounting to $ , was fla," fotrS! issued out of this Court in this cause, with the nar- ^"^^^^ s^' ticulars of the Plaintiff's claim thereto attached ; on foA^S ' the day of 18 , thp Defendant was duly served pago 179. with a copy of the said summons, and particulars of claim, and the Defendant did not leave with the Clerk a notice, as required by the statute in that behalf, that he disputed the Plaintiff's ckim, or any part thereof, {orjis the case may be), the said summons, and particu- # Jars, with an affidavit of the due service of each, having been filed, final judgment wa» entered on the day of_ A.D. 18 , by the Clerk, as follows : (here copy minute of judgment, dnd if judgment revived state the fact as in Form 100.) An execution issued against the T ■ goods of the Defendant on the day of 18 and was returned on the day of 18 , nulla bona, [or as the case may be). Pursuant to the provisiops of the Division Courts -^^i?' I' ? r~* ^ ' ^^^^^ of the said Court, do certily that th« above transcript is correct, and duly 'k • A^^ the Procedure Book of the said Court, and that judgment in the above cause was, recovered at the date above stated, viz., the day of 18 ; and further, that the amount unpaid on'said judgment is f , as stated below. Given under the Seal of the said Court the dav of A.D. 18 . ^ Amount of judgment.. .$ y Debt Costs Total $~ ~ Additional costs ^ Do. interest • X - Y . * Clerk. ^1 ^ '4 Uii -«,:» a. „ Vit'- 420 GENERAL FORMS OP JULY, I860. Paid. Amount due $ TaR. ^., Clerk of Division Court, County of (99.) Trakscript to County Court op Judgment under the act op 1869. Division Court in the County of . Between A- B , 'Plaintiff,- AND D- Defendant. Secg. 142, 143, pages 69 and 70 and notes; Rules 160, 101, 162 and 163 ; Form 52, p. 178. See Form 62, page 178, The following proceedings were had : — On the day of 18 , a." Special Summons" requiring the- Defendant to answer the Plaintiff's claim for a debt or money demand, amounting to $ , was issued out of this Court \jx this cause, according to the statute in that behalf, with the particulars of the Plain- tiff's claim thereto attached; on the day of 18 , the Defendant was personally served with a copy of the said summons, and particulars of claim, and the defendant did not leave with the Clerk a notice, as requiried by the statute in that behalf, that he disputed the Plaintiff's claim or any part thereof, (or as the case' may be), the said summons, and particulars, with an affidavit of the due service of each, having been filed, final judgment was entered on the day of 18 by the Clerk, as follows : (here copy minute of judgment, and if judgment tevived state the fact as in Form 100). On the day of 18 , a writ of execution on the said judgment was duly issued (conclude as in last Form, omitting the address to ihe Clerk.) (K B.—The alove Form may he adopted, with the necessary alteration, for a Transcript to the County. Court of a Judgment upon ordinary Svjnm^a.) (100.) Transcript op Judgment on Ordinart Summons FROM ONE DiriSION CoURT TO ANOTHER. In the Division Court in the County of Transcript of the entry of a judgment recovered on the day of , A.D. 18 , in said Court, holden in and for said Division in a suit numbered A.D. 18 . ,4^*"'i s" r GENERAL FORMS OP JULY, 1869. [Seal.] Betw^een A- 421 AND Amount of iudgmenfc. - Debt, I Costs, % B-— - — , Plaintiff. ^ , Defendant. Additional costs, $ Total, $ Amount paid, $ 18 18 Total paid, $ Amt. due, $ Jutigment for Plaintiff for Sec. 139, pp. * debt, and $ costs of suit : 66 & «7; and execution issued on the S°*,*'^''l'"'*• day of ,A.D. 18 , and Je^iTp' returned on the day of 293, note(s); A.D. 18 {here state thereturn). ^"^' '^• {If the judgment was revived, add the following words, "and ^o , the said judgment was duly revived.") Pursuant to the provisions of ." The Divi- sion Courts Acts. J' -^.7^.^—^' ^^^^^ of • the said Division Court, do certify that the above tran- from .h, p„oed„re bookTf ''l,::iT^„Zrata° above Stated, VIZ., the day of A D is „3 fcrthor that tbo.amount «/paid on saitfud|,„enUs * , as stated m the margin hereof. Given under the seal of the said Court this 01 , A.D. 18 . X Y To Clerk of the Division Court inTthe County of day Clerk. NOTICES. (101.) Of Trial bz Jury and Netv Trial. In the Division Court in the County of — Between A--^ B _, Plaintiff. AND — D- ■, D^endant. t' v,^^,ft.5*^v.j» , ,^\, -,« 422 "^f r-l. GBNEBAL FORMS OP JUI^J", 1860. ' tho event, or as tbe case may be) and has ordered the next trial to be had before a Jury {or as the case may Dated this day of , A.D. 18 . V Yours, &d.,. V X Y — . To Clerk. The above named Plaintiff {or " Defendant."). - — • — (102.) For Clerk's Notices to the Plaintiff. — Division Court in the County of-» — . Sees. 87, 90, 91. 93, pp, 45, 46, 4r, and Rules 20, 21, 88 ; Sec. 2, pp. 276, 277, note (d). In the — No. , A.D. 18 . * Between Plaintiff. AND fr Defendant. 1st. Take notic6 that the Defendant* has giv^n a Role 132. Rti1« 13S. confession for the full amount of your claim. Or 2nd. *Di8pute8 your claim, or does not dispifte your claim. Or 3rd. ^Disputes the following items of your claim^' viz., {Iiere specif y the items set forth in the Defendant^ ., notice to the Clerk), and admits the residue, and you \ are required forthwith to say in writing if you are willing to take judgment for the part admitted. Or 4th., *Will on the trial claim a set-off against your demand, and the particulars thereof are horeun^io an- nexed., Or 5th. *Will on the trial insist that your claim is barred by the Statute of Limitations (or other statutory defence not herein specified). . > Or 6th. *Will on the trial insist thut he is discharged from payment of your claim by the provisions of the Insolvent Act. ' , • Or 7th. *Will fedmiV o^ the *rial the 1st, 9th; 11th (or other) items of your particulars of account to be correct. Or 8th. *Will admit on the trial the signing [or en- dbrsementl, of the promis80i%ttote [or bill of exchange] jilBued upon, {or as the case may be), and dfqies tho resi- dae of your claim. To ,!t '*V. - 1- ■jiii-i^:M,j.'-' ,iii;., l>y .'J^/A»*Si,•iit?i|6Sft^^a^■ ..■ - ' jrdored the \e case may Clerk, mdaat."). iAINTlFP. of—-. lainUff. efendani. lot dispifte ^our claiiQ^* Defendanfs' J, and you \ f you are ed. gainst your reun^io an- ir claim is ;r statutory iiscbarged ons of the 9th, 11th ant to be jDg [or en- Bxchange] I the resi- GENEIUL FORMS OP JTJLT,'186{>. •S'S'^'V *^^^* P^'*^ '^^^^ Court ihe sum of $». , together with $ for costs^ suit incurred up to the day of such payment, in full satisfaction of your claim, which ^ill be paid to you upon demand at my .office; and all pro- ceedings in the action will be stayed, unless withA \^ee days afte/ you receive -this notice you signify 1o' n^^^jpnr intention to proceed for the remainder of your demand ; and in case you either accept or refuse tho saifiein full, you mn*t give a wWtten notice to that effect to me with in-Tho said three days, otherwise yew will^ liable ttf pay to the Defendant such subsequent costs ^s he may incur in thts action. Or ,10th. *Ha8 pleaded that he duly tendered to and ottered to pay you^ before this action was ^rouglrt the sum ot $. m full satisfaction of your claim, and has ' filed ^plea of sy^h tender in my officd, and paid thai" sum into Court, pursuant /^the 87th section of the Division Courts Act,%nd thai sum wVll be paid to you, Sess one dollar, in case yoii do not wisK^io further prose- cute your suit, and all proceedings in the action will be stayed, unless you signify to me within three days from the time you receive this notice, your intention -to pro- , ceed for your demand, notwithstandin^such plea. Or 11th ^Will on the trial insist that you are not a duly certificated Attorney or Solicitor. *i,^/i^^^\*y'".?M^'^l "P°^ *^« defence at tho trtal that the note (or bill) y\u have sued upon, and which forms (part of) the particulars of your claim, was not duly stamped (or that the stamp was not duly can- celled; according to law. ^ r Or 13th. *\Vill insist as a defence upon the trial that you"havenpt given the prober nc^tice of\ction before suit to which the Defendant is entitled a^a Justice* of the I'eace, {or Peace Officeij), under Con. Stiat. of U C '^* rCPSno^'.*^ '^ ^ BaiHff of the Division Court, under the 193rd -section of the Division Courts Act.\ Or 14th. *Defends this actiqm under the pVotecting ?Q^"'fQ^ lor^ 1^1^''^?,^"'^" ^«*' ^^^^ sections 192, 193, 195, 19G, 197 and 198. . • Bees.. 87 and 90, pages" 45 ' and^te ; Rules 120 & 130. Sec; 87,-jm;;n ^ 45, note (o) ; r-i.uk» r.>il <2i . 130. Sees. 27&49 C.8. ofU. 0. , cap. 35. 31 Vie. cap. 9, sec. ir. Con. Stat, of U. t.,901; and See. O.S, ante pp. 47 & 4& ; anil Sees. 192 et seq., pp. 9.5 et seq. , and noted. Dated the day of A.D. 18 X- To ^ Clerk. The above-nained Plaintiff. .'*ii' iialAiik.';li i . », • ft i' ■!« 1 1 'i - 1 ■ \ '- i-n ^<.. ■ "9 I 424 G£lb)RAL FOhMa OF JULY, 1869. ' ' ^ (108.) Defendant's Notices to the Plaintiff or , Clekk. In the Diviaio^Coui't in thf County of No. , A,D. 18 . "^ ' ' " , * ' Between A B -, Plaintiff, C- AND -D- Kulos 88 & 132. - — , Pe/endatU. j| Take notice, that I will ddmit, on the triai(p4i Ifsfc second and third items of the Plain tiff>tipiSScBi» to' be correct [or the signing and endofc?^ ^the promissory note sued upon, {or as th^ 'ca^'n^ be.}] or Sec 2 p 276 / ^f''® °°'^^.^ *^?J ^ ^^'P"*^ ^'^^ifc of tfie Piaintiff Soto id) ' (prher^ specify all or dny oflummids of defence set foriJi in the Form for Clerks' notices.) ,. . Dated this day of , A.D. 18 . Yours, etc., C D . To the Plaintiff Court). Defendant. {or to the Clerk, of ^ftie said (104.) Confession of Debt afte;r Suit Commenced. In the Division Court in the County of . ^ Between A B -—, Plaintiff.' AND -, Defendant. Sc;. 117, p. ^ acknowledge that I am indebted to the Plaintiff in ^,^.'",'^197^*' ^ ^®"™°^^ . ahd consent that judgment for that u;,.p.J^/. amount and costs mq/y be entered against me in this cause, accordinejp the practice of the Courts r. . , . ' m^imji^ ' ^ *> .^ ■ .d^ CD.' Dated the Witness Bailiff) ,^>#^ n^ (105.) Bond on Supersedeas to Warrant of Attachment. --..^- In the Division Court in the County of -i . Between A B , Plaintiff. Xnd ^ ^ D-; > Defendant. STTIFF OR n/.'- GENERAL FORMS OP JULY, 1869. ^ i^w ^^S«Je4 with our respeotive seal,, and dated the the^8^7court"^T'"""' PI«i"tiffh«th sued outer "thereon a« ;» *?. ' "^ Judgment being recovered required, VoZZy "ot /ud?S . ^t^n"!- ' "Lr '" t.o„ to Le void-efse <^Z'inT{JiV^^i-^^Z •:^* % % Sealed and delivered 1 ^ in presence -of f {Add o^davit of caption.) CD., [L.s.l G.H., ti,.s. E.F., [L.'s. 1 •Sffl ^..r. See FomruS'- 109, pp. 42ri 428. ^ AFFIDAVITS AND OATIIg (103.) AP.I.AVIT 0. SEBvicE^or OKm^AKr S^o^^ in the - — Division Court in the County of I— Between A B , Flaintif, \ ^ =D. AND «tt4 E ^' -7 J^^f^ndantT, •It* '• ^ ■ V \ i « • ^^ "I- ir' L If !^* ■«• ,# ,'S*>' JJ_ 80, pp. 40 & •,41, note (c); 8ec. 104, p. 52;^ec.l8'* 19^p. 291 ; Bales 82, 90 & 133 ; Form 110, note (0. Bees, 75 to 80,pp. 40 A 41, note (c) ; Sec. 104. p. 52 ; Seo.18 k 19, p. 291 ; Rules 82, 90 & 133 ; Form 110. note (0. A , f *' 4** V « z*^. ^ Sees. 75 to 80, p. 40 et W9.;8eo.l"D4, • ■ p. 52 ; sees. 18 & 19, p. 391 ; Rules £' . af . .- J8,19,J»,133; J Form li(f; . and sec. 8, - p. 2T8. y OBWERAL FORMS OF JUtT, 1869(r ?> I, V. W., Bailiff of the Division Court in ili« County of (or " of the said Court") make oath and say, that I did on the day of , A.D, 18 , duly serve each of the above Defendants, or if "but 3.- V5^' ' 428 GENERAL PORHS OP JULY, 1869, T -' Beo. 104, p. 58 ; Rules 133 & 134. name 0. P. aubsoribed to the same as the witness thereto is my proper handwriting. Sworn, etc. OP' (110.) Forms of Oaths, &c. (a) To a Witness at the trial who swears upon the Bible: "The evidence you shall give to the Court (and Jury sworn) touching the matters in question between the parties, shall be the truth, the whole truth and nothing but the truth. So help you God." (b) To a Witness who swears with uplifted hand : ^^ Add to the foregoing after the last word "truth," *' and this you do swear in the presence of the ever- living God. and as you shall answer to God at the great judgment day. So help you God. (c) To a Jew: He is to be dire^ed to cover his head, •a- . . 4- ■■ Con. S. U. C. cap. 33, p. 401.. • . >' . By 33 Vie, cap.l4;(0nt.) whicli copies Into force on 1st March, . 1870, oiZ per- sons who are unwilling to - he sworn fh)m con- scientious .^- ■ motives may, excetrt In criminal ■%».. ■, cases, make an amnna- tion or \' declaration in lieu of an oath.* * ^ . Sec. 131, p. 63, note (r). the Pentateuch is to be opened ^jt" placed before him, then proceed as in the first CbrDi, >ily make use of the name " Jehovah" instead of V "Gi^r (c?) jTo a Quaker, Menonist or Tunker, or other per- son allowed by law to aflSrra : . The Witness is to be directed to repeat his name after the Clerk, and *he following : •• I, K. L., do solemnly, sincerely and truly declare and affrm that I am one of the Society called "Quakers," {or as the case may be^ after which, the affirmant repeating his name, "I, K. L., do solemnly, sincerely and truly declare and affirm that the evidence I shall give to thisOourt touching the matter in question," etc. (e) To an Interpreter (where witness cannot speak English, or is deaf and dumb): "You shall truly interpret between the Court (the Jury), the parties in this cause, and the witness pro- duced. So help you God." if) To a Witness sworn on Voire Dire: k'li^i?" *^'^'' *''"® '^'^swer make to such questions as shall be put to you, touching your interest in the event of this cause. *' So help you God." (g) To Jury called by parties : •• You and each of you shall well and truly try the matters in differen ce between the parties, do justice * Tlw form given in the act is as follows ~ «i "hr, ' f'" foJpninly. Bincori'ly and tnily afflmi an.l declare that the taking an (hith is according U. my religious belief jinlawfiil ; and I do also aoleinaly, sincerely and truly affirm and declare, Ac." # ,»,..r le witness 6ENBBAL POBMS OP JULY, 1861.. 429 between them according to the best of toup Bkill an.1 (A) To Jury called by the Judge: fac/ltr^Lrd' hf S Se"^" ::i''r^ ''^ •"■« ^"- "'.P^ andatrue vAr/i;/,f„;„^ j- between the part es, 62 and«3, ^?/5 Vu6^'^ ^ '' according to the evidence. >Sb -'^C^)- of Cou'ft": *^' '®"'' ''^' '"'^^"^'^ * ^««^'"g J"or out " You shall retire with such Jurors as have lflav« nf absence from this Court, you shall "ot speak to them yourself m relation to the subject of this trial nor suC any person to speak to them, and you shall ritnrnwhh theni without unnecessary delay. So help youOod''- the^S v'erfi:'''''' ^''" *'^ ''"^^ '«'-« *«>o-"d- «nL^«1-^^f^^ ^^7 ®^®''y P®''''^" S'^orn on this Jury i* ' Bome private and. convenient place without meaf oT drink; you shall not suffer any person to sZk ?o whe^he'r'theTh *' *^'^ 7°""^^^' '^«.«P' to\?k them J(m ^o5." ^ ^^'"''^ °° *^'^'' ^«^^»°*- 'Si) help iT;r5ij;'°^ro/" and^^^^^^^^^^ r^^ ^ ^^. ^h p. ■ and'^t-'ruly declare and afflrm."/ solemnly, sincerely jWp!* (m) Oath to bb Administered to Witness by Arbi- TRATOK OR UmPIRB. The evidence which you shall irive hflforA mn .. «*!.• trator (or umpire) touching the Se': t^ff rrnce in Se- this reference shall bo the truth, the whole truth Ind nothin<^^but the truth. So help jIou .Ood ' iA^*''v ^^ I '4 • ^ 113 p. 4^4»^ ja,l-j.ii"...'. ,' GENERAL FORMS OF JULY, 1869. Rule 183. II iHi- i4 Con. S. V. C. cap. 82, secR. I«i2. Bee p. 428 anU. Sec. 104, p. 62 ; Rulea 198 & l::|4, (n) Jurat to Affidavit by Illiterate Deponent.%. , i Sworn by the above named deponent, A. B., at , in the County of , on , and I certify that the affidavit wjis first read in my presence to said A. B., who seemed perfectly to understand the same, and wrote his signature (or made his mark) thereto in my presence. X. Y., Clerk, etc.- Or a3 the case may he, (o) Affirmation by Quaker, etc., and Jurat thereto. (Court and style of cause.) I, A, B., of , etc., do solemnly, sincerely and truly declare and affirm that I am one of the Sociely called Quakers (or Menonists, Tunkers, Unitas Fratrum or Moravians, as the case may 6e), and I do also solemnly, sincerely and truly declare and affirm as follows, that is to say (state the facts). Solemnly affirmed at in the county of on ' , before me. X. T., Clerh, etc. Or as tlu case may be. A. B. In the (111.) Affidavit of JustificatioIt. — Division Court in the County of Between Plaintiff', Defendant. AND . We, (C. D. and E. F., of, etc.), the sureties in the annexed bond named, do Beverally make oath and say, as follows : First., I, deponent C. D. for myself, make oath and say, that I am a holder, residing at , and that I am worth property to the amount of over and above what will pay my just debts. Secondly. I, deponent E. F. for myself, mnke oath and say, that I am a holder, residing at , and that I am worth property to the amount of over and above what will pay my just debts. C D . E- F— v f .-^, ^Mi.iiitSi.&:itiJdiiMJki^.Ma^<^if^i^M^ T TBEBETO. SB»B6aL FOBMS of JtfLY. 1869 X Y— . .. v.:j day of , A.D. 18 Clerk. (112.) Affidavit op DisBtjRSEMENTs to several Witnesses. In the Division Court in the County of- Between A B , Plaintiff, - D^endant .bJW b^enlnt. or'RF l^.l^'tl^F't %?■' ''^S g»" "'• or DefeBdant). make ^th'anr^ ""^ ''"'"' '^'""'"^ STp'^*?"- iioned M» the first column of the schedule at the fnnf hereof were necessary and material witnesses on m^ 2Dd. That the aaid witnesses neceasarilT IrnwlM in mentioned in fignree in the second column of the .ad r,SrpE3,!" ""• —''«"'' »f the. 'aidwh'. «if»1' ^5*- **"! ^®^®'*^ ^^'^ respective sums of moneY mentioned in figures in the third column of th" said sohedu e opposite to the names of the said Vitnesflis Te? ndt'tUo'thr'^ ^r' '^' "« ''' bXTlSff ♦L !!® 1 u^ i°, *^® ^^^^ witnesses respectively as in hej«id schedule set forth for their attendance and travel as vritnesses in this cause. ""^""uance ana Sworn before me at €4 Clerk. 13" ji_ri^ ( I OBif JlBAL FORMS OF SVLt, 18<39. ' ^ S SCHEDULE REFERRED TO IN THE FOREGOING AFFIDAVIT. ' Names of Witnesses. Miles. Sums paid, . • » (118.) Affidavit for Revival of Judgment. In the Division Court in the County of . J Between A B r-, Tlaintiff^ 0- AND -D- ', Defendant. iyi\ » ' ^, I, A. B., of the of in the County of , SJ.iSel 104 ye'»"^an ^^f i^^e affidavit he made hy the Plaintiff'a T>. 62; liuits attorney or agent witJt the , necessary alteration)^ make i«3 & 184., oath and say as follows : — Ist. On the day of , A.D. 18 , 1 recovered a judgment of this Court against the above-named '» Defendant for $ debt, and $ costs of suit. 2nd. No part of said moneys bo recovered has been paid or satisfied, and the said judgment remains in full force {or " the sum of , part only of the said moneys, has been paid, and the judgment remains in full force as to the residue of the- said moneys so Recovered thereby.") V- 3rd. I {or *« the said Plaintiff") am entitled to have execution of the said judgment, and to issue execution thei^enpon (for the sum of $ ) as I verily believe. S'.^orn, etc. r . * t . , r^^ . • * U' ; • . ■11 Iff ' * m t - •" _ • ' r • - ■- * ;■■" *'■ •«■ ■■ .• - ' ■ '■'•^ r^.s^^'^n^^mm.'- , :'^"\4\"^^^i^ PPIDAVIT. ns paid. tENT. f ndant. «), make eoovered e-namod'* it. bas been 38 in full moneys, Pull force ecovered 1 to have xccution believe. (JENBRAt FORMS 01* JULY, mi, ' ' (114) BILLDF COSTS. UPON A CLAIM FOR SAY $20, Upon Special Summona to JMdgment entered. Clerk's Fees—Receiving claim, «fcc $0 10 s Issuing SpeciaJ Summons IZ 25 »3;s£'2^2, Uopies of Process and Claim... .. 20 P- 2»2;aud Affidavit Of Service and Oath.... •>0 ^^''^^• Entering Bailiff's Return 05 iMOtice of Admission .,.., o 10 Entering FinalJudgment .'.*!!!!.* 25 Bailirs Fee,~Se?tice orSum^^^^^^ '" T?«« T? A ,-^*^5®"^'"g ^o make return & proving 10 Fee Fund, entering, &o., 10c. hearing and order! 30o :f^ J 40 6th Oct., 18 .-Taxed costs at "^Tlo X. Y., Clerk. UPON CLAIM POH SAV $00, DEPENDED, TRIED AND JUDGMENT ENTERED. Clerk's Fees— Receiving claim, &o $o 10 Issuing Special Summons, &c'.!*.!!! 35 Copy of Process and Claim 30 Affidavit of Service and Oath '?0 Entering Bailiff's Return 05' Summons to Witness, lOc; 2copie8 10c. .^ 20 Entering Notice of Defence.."..'.'.".'* 15 Notice to Plaintiff, and postage 15 ■n .,.«.. ^ Entering Judgment o 9'i Bailiff's Foes-Service of Summons, 20o.; mi'leag^ ^ 20o. .- 40 Attending to Return and Proof..... 10 bervice Summons on Witnesses.... 20 Mileage ; 60 Duties at Trial n ft'i Fee Fuud-Entering, &o "..;:.';';;;;'.; "0 40 Hearing and Order ...'..*....!.'.*.'.* 1 30 Allowed Witnesses , ^| ^^ ' C.:f| Oct. 18. — Tu.\ed ci^sts at $6~70* X. Y , Clerk. r . ijumMUMDi]! tm ; ' (116.) Clerk's Return OP Emoluments. Bee. 41. p. Return of X Y- , Clerk of the Division 10; Rule 83. , Court in the County of , of all fees ftnd emolo- menta from first day of to the day of 18 , , both days inclusive, made in pursuance of the Upper • Canada Division Courts Act, section 41. ^11- ON WHAT. Eeceivlng claim, numbering and entering in Pro oedure Book , laauing Summons, with nfic- ( Not exceeding §20 essary notices thereon or < Exceeding. . . . $20 Judgment Summons ( Exceeding ... $60 (For "Special Summons," with warnings, sub- joined. Summons in Replevin or Interpleader, or under the Garnishee clause, 5 cents extra . . Copy of process or claim or . xr *. j-.. *«/> set-oflf, or other paper re- f ^°* exceeding $20 quired for service or trans- 1 Exceeding. . . . $20 mission to Judge, each... ^ Exceedmg. . . . $60, (Where the claim or set-off exceeds 3 folios of 100 words in length, for every additional folio cents, if allowed by the Judge) , Bummoufi to Witnesses, with any number of names therein. .*. For every copy to serve Drawing every necessary affidavit and adminis- teitogoath (When exceeding 2 folios in length, 6 cents for every additional folio, if allowed by tlie Judge.) Entering BaUifl'sJletum to Process, of Judge's Order i^ ° , , Entering notice of set-off, plea of payment or . other defence requiring notice to the Plaintiff or notice of admission as to claim ". , Talcing confessitm of Judgment Every notice required to be given by Cleric to any party to a cause or proceeding, or to the Judge, in respect to the same and mailing. .'. . , Entering every Judgment, or order made at the hearing, pr ttnal order made by the Judge, or final Judgment entered by Clerk Summons for each Juryman, when called by the parties V Betuming Judge's Jury , . , Order of Reference, Attaching Order, or other order drawn and entered by Clerk Transcript of Judgment (under Sec. 139 or 142).. Every Writ of Execution, ,t^ . ,, *L Warrant of Attachment or f ^°*. exceeding $20. Warrant for arrest of de- 1 ^^''^^^'ng- • • • $20. No. linquent (Exceeding.. . . $60. Every Bond when necessary, including Affidavit of Justification Necessary entries made in the debt attachment book in each case (in all) Transhiitting papers for service to another Di- vision or to Judge, on application to him, In- cluding the necessary entries but not including postages • ^ ° Receiving papers ftom another Division' for Ver^ vice, entering the same, handing jto the Bailiff, receiving his return and transmuting the same Beorohea , Rate. $ct3. 10 20 30 40 05 10 15 20 10 05 20 05 h 15 10 10 25 10 25 15 25 30 40 60 50 6 16 20 80 Am'T. $cta. ..:*, PE. AmT. ts. >0 10 «cts. 5 5 5 n '>:. 6 ' 5 " OBKERAL KULES OF JULY, 186*. tv. . i, A. Y., above named, make oath and aav thaf tliA foregomg Return contains a full and correct It^^^^^^^ ieliJf^fFhelr^^'r **"? ^««'°^ "y kTollfdgeTnd Deliet, of the fees and emoluments of my office received menSd'^^ '" '"^""^ '^"^ ^""°« *^« pericS a^ e ■ ^,/'' X Y- , -irv (116.J Lr8T:op Unclaimed Monkys Verified ' For whom or on whose account money paid. When paid. Style and No. of Suit. Amonot. $ cts. I, X. Y Clerk of the Division Court in the counf » Mjtt before 31»t day of December last p„"') ^ " Sworn, etc. . , .^ X - Y '^'^ V&A^l-J^^ < ~..\MAf m- r .* 436 dBNHRAt RjfirUtt OF JULY, 1M0. ^ ' BAILIFFS forms! - (117.) REPLEvra Bond. ' ^"^ Know nil men by thpse presents, that we, A. B., of •Sec. 8. p. &0'» W. B., of &0m and J/S., of &o., are jointly and ao4; Ruie46 severally held and bound to V. W., Bailiff of the Division Court, in the County of , in the sum of $ ^ , to be ^paid to the said Bailiff, or his certain attorney, executors, administrators or assigns, for which payment to be v^ll and trply made we bind ourselves, and each andfeYery of us in the whole our and each, and every of our heirs, executors and administrators, firmly by these presentg, sealed with our seals, and dated this day of . - »7 , A.D., 18 . The condition of Uiisl^ligation is such, ^^th at if the above bounden A. B do*v|*08ecute his suit with effect, and without delay ag^aipst C. D. for the taking and unjustly detaining {or uiyustly detaining, as the case may be) of his cattle*, goods and chattels, to wit: {liere set forth tlie property distrained, taken or detained), and do make a return of the said property, if a return thereof jh all be adjudged, and also do pay such damages as the saidQ. D. shall sustain by the issuing of the writ of repl|»|Jnj, if the said A. B. fails to recover judg- ment in the Suit: and further, do observe, keep and perfoY-m, all orders made by the Court in the suit ; then this obligation shall be void, or else remain in full force and effect. / . ■ft A. B. [L.S.] W. G. [l.s.] Signe<], sealed and delivered in presence of } J. S. [l.s4 Sec. 8, p. 204 and note f/J. (118.) Form of Assignment to be ENooRSEf), if Requiked. Know all men by these presents, that I, V. W., Bailiff of the Division Court for the County of , have, at tbe request of the within named C. D. (the Defendant), assigned over this replevin bond unto the said C. D. pursuant to the Statute in such case made and provided. In witneM whereof I havo hereunto sot my hand and seal of offitJe this day of , 18'« . Signed, sealed and delivered I -rr iir ra \ t in presence of f ^- ^^' [Seal.] I W«".«ii.ik_U.-£ai'«ifci« 4 'jiJ^.J^'.^ vi.l'ixi^tV '*. _ / /-^ *.+ M" ■^:j- GENERAL RULES OP JULY, 1869. (119.) Bailiff's RExtik -50 Writ of Replevin. In the -^— Division Cdurt ia the County of ». « Betv^eenA{-^ B , Plaintiff 0- AND -D- •, Defendant. la pursuance of aeo; 11 rvf 99 Via ^o^ on j i." o/ th«"«!^ ""^ ) '/"""*" ^'^ ^* ^^'^ ««^« "'^y 6«x bond bears date the day of ■ i« «I^ • witnessed by ^ \ '^^ , and is - ^ Ana by virtue of the annexed writ to m e directed I mentioZ'- ^"^,^«"7«r«d to the Plaintiff the goods mentioned in said writ, that is to say (deacrmno the . goods by number, quantity and qualitl Z if only a Cnr ''/r "".'^^^"'"'^ '^y' * portion of goods tttf / ? .1 ^ n .^^ *^® residue of sa d goods namnlv ' reason of, the i^ame having been eloigned out, nf tl^a country by the Defendant %r as iCZiaybe). j**'"™™^*^^ (120^) Inventort of Goods Seized or Repleyied. ^ Aninventory of property and effects by me, this-dav « ' seized (or rop evied) in the Township of ^ ' ' 'Yv fosVsJw^- cSom:"' of («. ^Aeca.. may 6?) issued by A.'b^ KuS o, (n^nt y; !>' vision Court of the Cpunty of ' - ' ' Dated this dav of , A.D.'iS . ' . day of V W- Bailiff, etc. (121.) Appraiser's Oath on Attachment Cases •/ ■=i: ■-■" i , >' t^:vA:i^' . '» ''■ •'^iK.r ,'.t QBNi^ fORMB OP roi^ i^ ^\ ^ (123.) Appraisembnt to bb Eraorskd ow limramwr. Sec. 201, p. V ^' ?• •^* •*"'? ^' ?•' ^®'"8 *^"^J^ ^'^^^ ^y **»e Bailiff iw,note6). . \1T*' '? »PP«'ai8e the property and effects mentionea m the withm inventory, to the best of our judgment, and having examined th6 same, do appraise the same at the sum of $ ~ Witness our hands this day of , A.D. 18 , ■^ . B. B. ^ ; B. D. ■ < (123.) Notice op Salb. Bees 165' . % 'virtue of an execution issued out of the Divi- 156, pp. 76, Bion Court for the County of , and to me directed, 77. notes (e), against the goods and chattels of , at the suit of , I have seized and taken in execution, one bay horse, &o. / All -which property will be sold by public auction, at . on the day of , 18 , , ktthe hour of clock in the noon. ^ V. W., Bailiff: Dated day of A.D. 18 .- Sees. 135 et uq., pp. 64 et aeq. and notes. (124.) Returns to Executions, &o. (a.) Nulla bona.— The within Defendant (or Plaintiff) hath no poods or chattels in the said County of , whereof I can make'the moneys to be levied as within commanded. 4 V. W., Bailiff Dated day of N A.D. 18 , (6.) Feci.— Bj virtue of the within execution, I have' made of the goods and chattels of the Defendant (or Plaintiff) the moneys within mentioned and have paid the same to the said clerk as within commanded. V.W., Bailiff. Dated day of A.D. 18 . (c.) Part made.— By virtue of the within execution, I have made of the goods and chattels of the Defendant (or Plaintiff) $ , and have paid the same to the said Clerk, and the Defendant (or Plaintiff) hath no more goods or chattels in the said County of , whereof ^ . , \ 'WXTOtCt. 3 Bailiff, mtionea dgaient, le same D. 18 ilreoted, > suit of ■ me bay tuition, , jat the ailiff. laintiff) » withiii ailiff liliff. Bution, endant be said > more hereof •i ., ■,;? -";'i' m /■\ J^XfmRAh K)RMS OP JULY, 18«i. ' " fi^^tOte tiieliMfai of the said iftoneys, dr ntat thefeof. ^ * ' V.W., Bailiff. - /Dated day A.D. 18 . : . When Kent Levikd bf Bailiff. (Q goods and chattels of the Plaintiff {or Defendant) ^'^^' i^»' PP- - $ part whereof, | , I have p^id to 0. B., landlord ZAS^n' of sajd Plaintiff (or Defendant) for one quarter's rent in respect of premises when levy n^ade ; and a further . part $ , I have retained as lees on execution. The residue % ,, I have paid to the said Clerk as within commanded; v.. W., Bailiff. Dated day of A.D. 18 . / •A'- r ■'- &*' (126.) Bdi» ON Seizure ob Sale op Perishable ^ ~ Property. In the Division Court in the County of . Between A -B r-, Plmntiff, C- AND -D- -, Defendant Know all men by these Presents, that we, A. B., los ' of (insert place of residence and addition) the above named Plaintiff, E. f ., of Ac, and G. H. of &o. are, and ertch of us is, jointly and severally held and firmly bound to C. D., the above named Defendant, in the sum of $ to bo paid to the-1)efendant, his cer- tain attorney, executors, administrates, and assigns, for which payment, well and trulv to be made, we bind ourselves, our heirs, executors and administrators, and each, and every of Has, binds himself, his heirs, execu- tors and administrators firmly by these Presents. Sealed with our respective seals, and dated this day of , A.D., 18 . "^ Whereas the above nanaed Plaintiff hath sued out of the said Court (or from a Justice of the Peace) a "Warrant of Attachn^ent against the goods" and chattels of the Defendant, and hath requested that certain perishable property, to wit [specify property) belong- ingto the Defendant, may be seized, and forthwith JggmsM. and Bold^. nBdex imd^by -vkttto- ^- ih» ^aid •\\ Ki»ii»ij.*-,-fae*- > .■■Jtjfs**'- ■ ^^- -"(.■■- ^ 'f^'^M 1 ' . ,'J'. Form 111, p. 430. GENERAL RULfl8 OP JULY, 1860. ^oper?y 1 wl?'^"'""'' L^^^hereaB certain perishable property, to wit • , belonging to the Defendanf Wh, been seized under and by: virtue of a Warrant bf Attachment, issued out of the said Court (^£1 a Wh'?!'^i^? Peace) in the^above" named cause Inl hath been duly ^appraised and valued at the sum of $ and 18 now in the hands of the Clerk of the sai?Cm,rf • and whereas the Plaintiff hath requested the said Serl^ to expose and sell the said goods and chattels as perish- ' ?hlj Kal?^^ *°°''^"« *" '^' ^"^"^ «^^^« Statute in , thf^Td*pt«Hl;'K° S^ *^^ obligation is such, that if the said Plaintiff, his heirs, executors or administratori 4o repay to the said Defendant, his executoS or aS ' istrators, the value of the said goods and LatX together with all costs and- damages. Sat W be incurred in oonsequpnoe of the seizure and sa e Seof ' in case judgment be not obtained by the PlainSff according to the true intent of the 214t^&orfoftf* Division Courte Act : Then this obligation t" be ioid —else t6 remab in fuU force and virtue. Sealed and delivered I in presence of \ K^'liZ^"^^ ^i^,Za.i7 V" Justification a, in Form A. B. E. F. G. II. L.S. L.8. L.S. * 'k. :-.%^ ^^»rf of the be void L.S. L.8.J L.S.] I Form — ^^ — -^-^ 44S , GENERAL RULES OP JULY, 18C9. *; ;^^' Dated Is t July, 1869. /^C " • " Jab. Robt. Gottan. S. J. Jones. 'f\'- 'B. J. Hughes. Jambs Daniell. , ' Jas. Smith. Approved. Wm. B. Richards, C. J. John H. Hag arty, C. J. C. P. Adam Wilson, J. John W. Gwynne, J. Thomas Galt, J. ^ / H - ,- » ^B*" •*v '■'■*■%■ , m^' jy 'X*?- =:r^{»t: -^j*^- ,y-;^j^ INDEX. Abandonikq Excess, 318. Abatembnt — - ■ ' Where one of plaintiffs or defendants dies after judgment nro ^ ceedings may be taken bj suryivor, &o.. 861 J"''*"*"'' P'**" Abods, Plaob of — . ' Of garnishee, where summons to issue, 285. Of parties to be stated in claim, 816 See Adjoining Division, 819, 842 Absconding Debtoe-^** Attachment against. &o. 824 When several attachments issued against. 824 *orm of affidavit for attachment, 870. Attachment against, form of, 371. . ACKNOWIHDOMENT QI DZBT-See CONFESSION. , Act — See Sxotions. Action — For debt or money demand, 276. Commencement of, what, 818. Discontinuing, in replevin, 826. Discontinuing in other actions. 846. Actions — Against officers and sureties, particulars in, 817. An^d**'"? *?" ""^ sureties, form of particulars, 874 Address of parties to be left with Cierk. 342 Adjacent Division— - Leave to sue in, 819, 842. leave to sue in, form of affidavit for, 867. 368 Adjoining County — ., v>.o. Defendant living in wten special summons returnable Sio" Where none of defendants reside in, when process r;turnable.. Adjocbkmbnt — if Jfnlt'"^^ f^''''? garnishee oai^es for certain purposes, 290. or suit, no formal order necessary for, 847 *^ *^ "' "'^* - Of suit, where practice not complied with, 847. • Uf suit, for particulars or further particulars 817 Administbatoe»— Auas — • Summons to ba dated, data of issue, 818. ^ 1' u^''-- , ♦^ i^4^''^^*^'C#^i^^ INDEX. 4:«r AUiOWANOI — *- :. To wituessesj scale of, 850. To witnesses, scale of, form of. 860. Where mistake inliame, &o., in summons, 817. ' - ' On proceedmgs by special summons, 822 Where defondant improperly joined, 888. ' rSapfaTaaTm '""" '" "' "■'«"»•• "■•"«">«■■« »•"• »f Ho/«^ set-off and other matters affected, 888, 841. Hone?Ta«'f ?."P*^°" °^ P'*^°*'ff insufficient, Ac, 83^ How set-off and other matters affected, 83t). ' ' ^?lmeSf8'89'^*^'^^'*"'^^^^^ wi,..?'*'' ■®/'°^ *°? °*^' matters affected, 839. HowTet*off°'lnS'nt^^ P'"?? " "'^i^ P'*« '"^^^ ""^^l^'red 88^. WK-,^ 1 ^«* 0\and other matters affected, 889. Where less number made plaintiffs, 889. - wv"°'' "^V®^ ^''^ ®^*»e' matters affected, 839. Where more have been made defendants than required. 840 How set-off and other matters affected. 840. ' ' How^Jfif?'"?"^"'***' defendants and all not served, <^ 10.' wi,«^ *'°^ ^""^ ''^^^'^ matters affected, 840. Where '^•meor ^description of defendant insufficient or i«c .r. T* How set-off and other matters affected. 840. If no objection taken, cause to proceed, 840. - ' Where person other than defendant appears at trial and ad„U, ^he 18 person intended to be ohargedf 840 ' cled? lit '"' '°''".'' ^'^^°^*'^' "^''^^ '^^ ^*°«« to P-» '^iu'Anolte'Jn;; i" r*^ ^° representative character. wJio . ougnt to bare sued or been sued in own riffht 841 How set-off, &o., affected, 841. * ' "' Where variance appears at trial, 841. %rreedingr84r''°' •'"•°^'-«"*.- '° I"' "»»^« bj Clork in APP.41S- *^"'*''®''* proceedings' to be in conformity, 841. from Court of Revision, costs of. 860. Applioatiok— ' Of bailiff for interpleader, 824. .^ ^ .♦: ii:'k.ii4i:.,.'\. .v;,v-- .^ A"' m^^. 449 •INDSX. 'V " . \i , ArnwAnQv— 'Continued /, Of baUiflf for interpleader, form of,. 875. * For jtfJgment summons, 817. For judgment summons, form of, 86 1. - APPOtlMTMBIilT — J Of Board of County Judgesr 292. Of umpire to be^endorsed on order of reference, 887 (a). Arbitrators, for meeting on reference, 887 (6). . Appbaisebs — . . v^ « A Fees to, under warrant of attachment. 860. • Form of oath, 437. ,• . APPBAtSBMBNT— . To be endorsed on inventory, 488. .\bbitbatob — Order of reference to,, form of, 887. Form of oath to be administered' by, to witness. 429. Awatd of, 888. ,/ Summons for witness to appear before, 889. Attachment against ABsoonwno, &o., Dkbtoes— Form of affidsTit for, 870. - ' Form of, 87,1. When several defendants, each may enter defence and call and examine witnesses as to othW creditors' claims, 824* When hearing to be when defendant not personally served. 824 Fees to appra^ers, 860. • 9ond on supersedeas, 424. * « Forms of appraiser's x)Ath, 487. . ' ' ^ Bond on seizure or sale, perishable property, 439 Attachment Book (Debt) ■ Entries in, 829. Form off866. Attachment of Debts Proceedings for, /Sm Gabhishkb. . Attaoring Ordbb — - " ■ Effect of service of, 282, 287. Form of. See Garnisheb, 295. , ' Attobnby or Solicitor— i ^*428air*'°^ ^^ j v,i ^■ tiii '■** . '<»"'S ¥ viii'* V ..'' » V ' * .. ■ f* ..'^i'iS ■v.- K #« >-' :^' " ■ -. " 4t^ It mttai. Mi ■ .J BaILIITS' F0BH8 — , "* Replevin boiKl, 826. Beplevfo^bdild, form of, 436, Reple^n bond, assignment of, form of, 480. Inventory of goods seized, 437. Appraisers' oatb on attachment cases, 437. Appraisement on inTentorj, 438. Kotioe of sale, 488. Return of exectitions, 438. ^ < Return of executions, \rhen rent levied by bailiff. 489.. , ^Bond on seizure or sale of pertehiWe property, 489. Return under rule 92, 441. Process book, rule 93, 441. Notice that no notice of action received, 423 ns) BfeNBTIOIAL PlAIMTIFI'— . ' Where action under 152nd section of act, warning to defendant. Bill o» Costs — - • To be made by clerk in defall, 884. • Form of, 483. Bill 6f Exohanoi— -Sw Prohissort Not*, 422 (12). Board of County Judoes — Appointment of and powers, 292. To meet third Monday in June annually, 854. Bond in Replevin — • Bailiff to take, 826. Form of, 436. Assignment, form of, 436. Whal delivered up to be cancelled, action to be discontinued, 826 oiS"!,"^®® proceedings to be given under sribtion 16 of 1869, 289. 829. . /I Form of, 393. . ^ In attachment against absconding debtors on 8<*raure or sale of perishable property, 489. Affidavit of execution, (caption) 427.^ Canobllation— w .. , Of law stampM under (Supplementary rule, 865, 856. Of bill stamps, notice by defendant that this not done, 428 (12). Affidavit to bond, award, Ac, form, 427. Cash Book— Form of, 832, 864, 866. Cause 01 Action— ^m Claim. Caution — To parties sued on chose in action seiied under execution. 818 ' Cbbtivioatb— For discharge of delinquent from custody, form, 418. Chose in Action Seized— How sued on, 818. Baits improperly brought in nAme of astlgnee, Mid 8m Ambrd- ,MMT| 8881 -.---^ ■ . . ■ 'I '•>. ■ t. INDKC 448 CZiAIlC JiiH> PAETICtrtAHS— . Klqmsites of, as to names of parties, &o., 316. 817. Forms of, 873 to ,876. ■ When may be amended, and See Amendmbnt, 817. When suit brought under 27 &; 28 Vic. cap. 27, 817. Ajpainst oflacers and sureties, 317. Form of, 874. In re))levin, form of, 878. In interpleader, landlord for rent, 824. In intetpleader, other persons^ 876. Clkbks — Duties to be performed as required by Act of Parliament and by rules of Board of County Judges, 293. pn claim and particulars, 316, 817, 318. .On issuing process, 818. When special summons not served to add new rrotice of sittints to warning, 319. ' *= On defendant's disputing plaintiff's claim, 320 Forms, 422, 423. Plaintiff to notify Clerk if he aceepts part, 320. On entering judgment on special summons, 820, 328. To hold office where Judge directs, 332. To keep books prescribed, 332. ' To number claim, 832. Number to show statidipg of suit, 882. To proceed by special summons in proper cases, 333. To annex claim to every summons and copy, 333. To deliver summons for service without delay, 338. To transmit summons by mail for service in foreign division, 333. Clerk of foreign division to deliver summone for service to bailiff forthwith, 383, . Clerk of foreign division, on return made by bailiff/to transmit by wfit to oletk of home division forthwith, 383. May issue aliai or pluries summons where necessary, 833. ' To make returns under 4l8t section of act semi-annually 333 Form- of return, 434. To make list of unclaimed moneys under 43rd section of Act annually, Ac, 834. | ' Form of list, 435. I To make affidavit whether moneys unclaimed or not 834 Form of affidavit, 435. To keep all papers in original summons, 334. To have original summons printed on foolscap paper, 334. To produce all original papers when required, 834. To give notice of payment into court, 334. Form of notice, 423. To give notice that defendant disputes plaintiff's claim for does not dispute), 334. To give notice of plaintiff's claim, or any other notice. 884. To give notice that defendant has given confession, 884. ■H, ^.4 }■! V . I. TR la /.'-. . ij^%--<%«' "'I f I-- ^ C^ -^. ».';-', / n- 460 VXOEX. ) • QwoiKn— Continued. To gi^e notice if defendants faU to give notice of defence. 884. Form; 423. / To make out bill of coats in detail, 884. To endorse same on summons, 384. ft Form of, 438. To fili|9 return under rule 98, 886. To examine same'and certify if correct. 836. r To notify Judge if incorrect, 836. To notify party when he receiyes money— failing to do 80 and to pay oTer to forfeit office, 836. Not to withhold money from suitors entitled to it, 886; Not to hinder or delay proceedings, 337. » Not to be interested in suits, &o., 887. Not to act as agent for either party, 887. Schedule of fees to, 864. ^ , Form, Zbl. Cancellation of stamps by, 355, 856. To prepare Judge's list, showing all causes entered since last cou.t, and all papers, &c., 866, 356. To prepare memorandum of non-appearance of ^garnishee. 894. To prepare return of emoluments, 434. - \ GfcsaKs* Notices to PiAiwTiFr— ^m Noxiobs. 421. 422 428 ^ Clbeks and Surbties— , , , *o. Particulars in actions against, 874. *'^- CoMMBNCBMKNT OF AcTiDN— What shall be 818. ■ Common Law Prooedukb Act— \^ * Proceedings in Division Courts und^t^ 829* ^ ^ Forms, 394, 411. COMMITMBNT, WARRANTS OF — To be dated when order for entered in Procedure Book 887 Rpnewal of, 337. ' Bailiff to endorse thereon amount of^eage on delivering to prison, ooo. ^m^ Forms of, 414, 415. CoNOBAiBD Debtor — Attachment against, 824. ' H^ Concurrent Summons— T© be issued if necessary, 819. CONFBSSION^BHFORB ACTION — ' Bequisites of, 844. Forms of, 378. Where defendant served with special summons, fcakes default and gives confession, plaintiff to elect to proceed on either 823 Costs m such case, 823. ' After action, form of, 424. ^ ?i*!Sfe^' defendant has given for full amount, 422 m AffidSVit of execution of, 427. } '' Where several defendants, and some defend and others make default on special summons, 821. Mlggjg^j^immtjmdgr Aot» 1869, form. ^ 395. =^ r: ?"-*#'^ \..V V ;,t/t*-^>^^^-/i^^:^,,. - I -f tNDBX. #1 ^ 5 CONTISMPT— ' Fine for, minnte in Procedure Book, 400. \ ^"''^ Warrant of Commitment for, 417. Continuance op Acton — ' « What shall be, 323, 843. COHTEAOT — ^ ~ . "'' Particulars in cases of, 317. Form of, 878. Costs — • ^ When garnishee liable for, and when not, 288. In garnishee cases, when to be in discretion of Judge, 288 Of appeal from Court of Revision, 360. At what pjace payable, 351. Model of bill of, in certain cases, 433. /Sec CoNcuk^BNT Summons, Confession, Intbbplkader, Bailiff, Executor, Nonsuit, Revivinq Judgment, Putting off Tkial, Indemnity, Bill of Costs, Taxation of Costs. av COUNTT adjoining, &0. — . When special summons returnable, 819. Court, transcript to, 353. Court, transcript to, forto of, 178, 420. ^ Court of Revision — Costs of appeals from, 350. ' ' ' % Covenant — \ Action on, against officers and sureties, 291, 317. Action on, against officers and sureties, form of particulars, 374. Action for breach of, in a deed, form, 373. CoVBETmiE— (See Husband and Wife, 341. CREDiT' 1 iw- •■'V-i**, *Vr *•- .' ".//^^ m mtttit. ,1.1 DUBTOT^—See ABaoONDINQ DlBTOB, 824. Forms, 871,872, 874. See Pkihabt Dbbtob, 328» s. Forms, 391, 898. , Dbobbbs — To be entered by Clerk in Procedure Book, 860 Forms of, 892 to 401. When order made for payment of money payabU at Clerk's omce, 860. DiTAVLT — Some defendants making, others defending, how action to pro- After minuted, defendant may be let in to defend on terms, 822. Where defendant makes and gives confession, plaintiff to elect to proceed on either, 828. ^■ V If judgment not entered by Clerk in one monthysuit not abated. Summons to defendant after, form to be aliaa or pluriee, 882 l^BFBOTs IN Peocbbdinqs— ^«j« Amkmdmbnt, 341. 347 849 , Dbfbnob— . , f ., ^o^. Effect, where qo notice of, giyen, 276 to 278. Befendant giving notice of statutory, to be deemed sufficient notice of disputing plaintiff's claim, 820. Form, 424. . » By attaching creditors allowed, 824. Dbfendant — Minute of judgment for, in Procedure Book, 396 Minute of judgment for, on set-off where part satisfied. 896. Minute of judgment for, balance of set-off, 896 Desobiptigu' OF Pabtiks, &o., in Claim, &o., 316. 817. Dbvastavit Suogbstions, 829. Forms, 885. Summonses suggesting, 384, 885. *^'897°#9*^'"°^' executor or administrator. See ExECtTOB, I^DiseHABGB— .% Oabnishbb Pboobbdinos, 289. * Of party^from custody, certificate of, 418. ^s See Insolvuht Act, 422 (6). ^ ^ Pibbubsbmbnts — Affidavit of, to. witnesses, 431. DisooNTiNciNa Action of Rbplevin— What shall ^v 836. | In other actions, 846. # ^» Dismissal — Minute of judgment of, in Procedure Book. 896. ■DisPUTiNQ Plaintiff's Claim— WheuJudge grants leave to defendant to do so after time eXptred notice to be sent to plaintiff, 278; F ««* What shall bfr notice of in certain cases, 320. la part, Clerk to notify plaintiff, 820. "W • ■\Mit '-/ t)i8P^Nff Plaintipp'8 CLAiu^Continued. ^ .^ Form of notice of, 422 (2) DoouM'ENiii*""'" °' PlaiotiflF'flolaim, admitting residue, 422 (8). Inspection of by either party, 816, 846. Forms prescribed for only to be used, 350 I»wiujNCh-.^M Adjaobnt Divisioif, 819, 842. ErlrioT OP Judgmints op Division CotrExs, 276 ELOIONMCNT in RaPLIVIN-. Of goods, «° judgment idready recovered. *'TainIV f?"'"'*/'"'."^'''^^' ^''^^ judgment already recovewd against him and primary debtor, 409. Form of, against primary debtor'and ffaminhAA 409 v® -. « I M4 VXUKX, I t ^ ■ \ i ^w Form of, against primary creditor for garnishee's costs, 4lO. . Form of, under 298rd amd 296tli sections of C. L. P. Act, 411 A Form of, against goods of claimant in interpleader, 411. r p . - Form of, under Act respecting line fences, &c., 413. Form of Tvarrant of commitment, default of appearance, 414. Form of warrant of commitment, after examination, 416. ; Form of warrant of commitment, contempt of court, 417. Form of warrant of commitment, to levy fine on witness, 416. EZECCTORS ANP AdMINISTBATOBS — Of garnishee cannot be proceeded against under gamisheo clauses, note, 284. Parties suing either, may charge devastavit in summons, 329. Form, 885. * Judgment where defendant has wasted assets, 880. Form, 897. Judgment where defendant denies his representative character or alleges release, 830. # ^ Form, 897. - Judgment where defendant admits his representative character . but denies demand, and plaintiflF proves it, 880. Form, 897. - . Judgment ^here defendant admits his representative character ^ but denies dlfemand, and alleges total or partial administration of i^ssets, and plaintiff proves demand, and defendant proves admnniatralion alleged, 880. .Form, 897. Judgment where defendant admits his representative character ' |ji^t^ienies demand, and alleges total or partial administration, fend plaintiff proves demand, but defendant does not pro5e ' oihninistration, 880. Form, 898. Judgment where defendant admits his representative character, and plaintiff's demand, but alleges total or partial administra* tion, and proves it, 881. * Form, 898. Judgment where defendant admits his representative charooter, and plaintiff's demand, but alleges a total or partial adminis- tration, but does noi prove administration allcBed, 881. . Form, 898. Judgment where judgment has been rendered quando aeciderintt suggestion of devastavit, 881. i Form, 899. Judgment where judgme»*-'gTven quando accirfemr, summons may issue suggesting devastavit, 831. Form, 886. Judgment provisions of rule 05 to apply to enquiry, 881. In cases whei^e. defendant admits his rcpieBeiitnti\o character, and plaintiffs demand, and that he is cUargenble with Rsttts, h e m a y p a y mon e y iuto court, 082. ^.r m / - X IKDM. 4«ft Exaoui-oRS AND Adiunisteators— Cbntfnwtl - ?4 4>. In actions against, not otherwise provided for. if defendant fail. - «Vo*5nf !i r^ •'"i?«°"o2i ^"^ ^® ^''^ plainUff^ M to oofita of dia^ - . proving defence, &o., 832. - ^<- • "i '^ vJff'*"^^^' i^ P>^°"* ^*"' «<^'»*" to l^e awarded defendant, to be levied de bonis propriit, 882. ' Revival of judgment, 862. -- Forma, 8»4, 885. Sammons to, where assets since judgment, 881. > Form, 886. ^ Execution on judgment revived for, 404. ' \, Execution on judgment revived against, 496. Execution on judgment revived against goods of testator, 406.- PbB FtTNB— ■ How stamps to be affixed for, 845. " How stamps to be cancelled, 355, 86G. Amount payaBIe to interpleader and replevin, 848. * JP BBS— ^ »;-, _ . , 1 ■■ TariflF of< for officers, 854. . Form of schedule of, 857, 858, 359. To Witnesses, to be taxed by Clerk, 350. . Scale of, to witnesses, 360. Affidavit of disbursements, 481. * To jurors, allowed by Act, 360. To appraisers, 360. ' " ; FlNAI. JUDOMEKT— Mode of entering, for debt or money-demand where defendant does not serve nortce disputing claim, 276. On special summons, within what time to be entered. 276. Form of, 396. ^ filed 206*'°'*''*'* '"'^'^ ^^^^yll of service of shmmons, &o., On'^urors for non-attendance, 400. For contempt of court, 400. On witness, 401. , « FosBiOR County— Execution against person residing in, 408. Judgments Procedure Book to be used for entering transoripta or, to, 00^. ■ POBFEITURE Of OfFIOH— By clerks 4ind bailtflFa. 836, 887. Poems— 5m Indkx of Forms, pott 476. PoRTttRR Particulars— • Judgemay adjourn hearing for, 81!^ * QaMBMNQ DftBT — - , Where oonalderation of note, court no jorisdJetion, 842. ., -U .■*<':- ' •<.•■<■' -> [ft if:- sMii h . i •»iii L< ii jm^uinjuiijiJuqsHMiaBiiisncmffpa .=*..;■ P- 11 . , 'i£M t90i:it. J Forms B^bjoined to new rules to be in lieu of those ^ Act of \ ^/ 1869, 295 to 800, 329. , \, » Debt ormoney demand may be garnisheed, 2^9 e/ «e;. ^ Prooeedings against garnishee where claim a jadgment, 281. Proceedings against garnishee where claim not a jvdgment, 285. • Effect of service of attaching order on garnishee, 282. Payment by garnishee after service of attaching order to any but primary creditor void, 288. No power given to institute against personal representatives of ^ garnishee, 284, note. Oarnishee to be served with copy of summons, 284. Summons to issue ft-om Division Court where giyrnishee lives, 286. Parties interested in, may set up defence, &c,, 287. Judgment not to be rendered against primary debtor or garnishee until summons and affidavit of service filed, 288. Effect of judgment for primary creditor, and any payment con- trary to it void, 288. Costs on, when garnishee liable for and when not, 288. ^ Execution not to issue against garnishee until amount due him, 288. i p- Primary creditor to give security when judge orders, 289. «i^ Interested party may apply to judge to have debt discharged from primary creditors claim before or after payment by gar- nishee, effect of order, 289, X ^ J9 Judge may adjourn case for certain purposes, 290. Affidavit for Judge's order for garnishment of debt. 827. Form of, 889. Warning on summons or order, 827. Form, of, 890. How Bumiions to be served and returned, 286, 827, 828, 836. Where garnishee or debtor do not appear, judgment to be by default, 828. If all parties not served, case may proceed against parties served, 828. Primary debtor in all cases to be served with summons, 828. If primary debtor not served, Judge may adjourn hearinir until service effected, 828. o ., j e ^ Judge may order stranger to be made party to suit, 828. Judge may order substitutional service, 828. Where judgment in foreign court, transcript to be filed with oJerk before issuing summons, 828. r? Garnishee to make no payment Jo primary creditor before judg- • ; ment against primary debtor, 828. Applioafh^n under sec. 14 (18G9) to be by Judge's summons, 828i If money paid over, primary creditor may be called upon to shew p V cause why be should not pay debtor, 828. ^. ^*''J"' '^K»'«it*d, may be in accordance with summons, 828. Urder may be made if parties summoned malte default, 828. liond to be given under sec. 16, 289, 898 (a). '_ ^^ '•■■■ INDEX. 457 !81. tt, 285. inj but ires of ia, 286. rniahes at ooD- laejjlliji barged »ygar. 185. bo by sarties 28. ; until ; with judg- I, 828i > sliew !8. J. " S*'!^ ^ 5® «*«''"*''<* ^y primaty creditor and one sutety, &o .829 Bond to be approved by clerk, 829. ' ^°ni1het 82T"'^**°' *"*"'*'* *"**"'' *°' *° ^ ^'^^ *' «»'" Forms ia »ilei to be in lien of those in Stat, of 1869, 829. Entry m Debt Attachment Boole to commence with attachinir order or Isommons, 329. •w»ouiug All subsequent proceedings to be entered therein, 329. 329, SH" 4i'i^°*' ""*• ^^^ *° ^^^' *° ^* ''' ''°""« P«««ibed, ^7oi;i™ ' ^.; ^'J' ^""^ *° ^* ••» *»«»«' «*««• according to forms prescribed by new rales, 829. Attaching order, 890. ^ Summons to garnishee and primary debtor after judgment. 891 Summons to gamwhee and primary debtor before judgment 891.' , ""JZe! m.°°°'' "' J""*"™' '«"■"' ""■»••■' «••"" Minute in Procedure Book in faror of garnishee, 893. Mpmorandumof debt signed by garnishee, 894. Memoranfium where garnishee denies debt, 894 Execution against garnishee on judgment reooyered, 408. .Execution against garnishee on judgment recovered against him and primary debtor, 409. e ui Execution against primary debtor and garnishee, 409. lixecutiotf for garnishees costs, 410. Execution under 293 and 296 sees, of C. L. P. Act, 411. . QvAUDiAis—See Nxxt Fbixnd, 842. HXARINQ — In cases of attachment not to be less than one month after atlaoh- ment, unless service of summons personal. 824 HlARINQ Fa I — *^ . • To be charged on adjournment, where opposed. 847. HUSBAMD ANP Wl?K— ^^ ,o"t*. Claims by, may be joined, 841. See Amimdhiht, 889. « iLLiTKRAta DiPomnT— .Tunit to aflBdavit by, 480 (u). Indimnitt roB Costs, 289, 83d. iBrAHT — To sue by next friend, except for wages. 842. iBSOLTaiTT AOTt- ^ . Notlce*y defendant that claim discharged bv. i2!im ^ Impxction or DoooMBifTs— Jt '^ y^)' How-parti s i to b e o utiUed ta, 010 , 14 0. W '* N 'I .iife'iiu/V ";« ..-umiiM ■-!/,. m%u llfmiA ^B -x^y. X ' '.Sr(4,,. . ^lU '(.-'■ f H 458 INDBX. . IimKPLSilBBB— ^ Tbere may be a new trial in, 293. No jury in, 298, note. Proceedings in, 324. , ' ' - Forms, .87^, 876. ' - : Particalars of claim, 824./ ■ '/ Foron, 876. May be tried by consent, 824. ., . * Summonfa, 824, 825. ' ■ Summons, JTorm of, 380. ... Adjudication in, 824. Adjudication in, form of, 400. *. ' Landlord's claim for rent in, 324. Form, 875./ Summons, how and when to be served, 324. Moneys in dispute in h^ds of Clerk to be held until adiudica-^ tion, 824. . •* Claimant may be relieved on terms, if rule as to particulars not complied with, 325. . Tyhere claim dismissed,' bailiff to get his costs out of amount levied, 825. . . ^ ^ Summons, how to be stamped, 345. Ejfecutioi^ against goods of claimaat in, 41 1 . iNTBRPRETATrON ClAUSB— /Sw WoEDS, 816. 316. iNTBRPRBTSllr — , , ; Form-^f oath to, 428. ' , . ' ' Imvbntort — . '. , ' , , ■' ♦ ' Bailiff's, of goods seized, Ac, 437. Endorsement of appraisement on, 438. Ierbgularitt — X, - Practice under, and see Amendment, 349. Jbw— \ ' ^. ■ Form.of oath to, 428. . Joinder — No other cause of action to be joined with replevin! 825 JuDGB s List — , ^ % . T6 intJlude all causes entered, &o., 866 (a). JUDGMBNT— ^ < In Division Court to have same force as judgmeqt in Coui'tB •f Record, 275. - o ^ ^mw* ' 0»«P«°]al summons not tabe ei^tered until offidavit-of serrice filed, 2/8. . f , Staying or setting aside, how, 278, 849. In garnishee cases, where recovery of, unnecessury, 285 n V*^^^^ summons— 5e(i 8pi«lAt Summons, 320 to 828 • ^822 ' *'. *^^^^'''^*°' °° showing grounds may amend on teroi, ^^ ♦ In replevin, where distress for rent and deltotiiltirwicceedt. 826. In replevin, in ordinary actions of, 826. " ~ . ' r whoi ' o^f eadfttit pays i n to c onrt,"tSgr m ■ N ",i^' tiidvci:' ''Jv '■'.' ;.' U9 JtmcHtirt— Continued. , ' * * . _ For and againat executors and administrators, fonris, 89& to 401. Rendering of, money payable in 15 days from, 850. ^ \ - To be entered by Clerk, 860. • \ Forms of, 892 to 401. On Pet-oflF, 861. . " »\ Reviving, 862. i , '^ - ReTiving, afladavitfor, 432.' . ' Transcript of, 353. ' , ; ', • ' , Transcript of, form of, 419, 420. , . ' ' Summons to defendant after, 881. • • In garnishee proceedings, summons to .garnishee and primary debtor after and before, 391 - ,/* F»""»*jf ^^eco^ve^red^O^'^"'"^"' ^""^' '^8*^°®fe»r»»i«hee on judgment ^nT8hee,V9i^'''°''**'" Bpqk, against primary debtor and gar- , ^ M-°"? ^h ^"^ ?ro««^»'-? BQok,4n faWur of garnishee, 898. Zw Sqs"' Procedure Book, for defendant for Jebt or dam- ages, osfO. , • r Minute of. in Procedure Book, on' special summons, 822. 896. ' T^J^' « Procedure. Bx>ok, whereon special summois some . defendants uerv«d and otherrfconMased, 896; Minute of. in Proijedure Book,.on non-suit, 895. • Minute of. ^n Procedure Book, on dismissal, 895. tor896\o%9r^'^'^'^ ^°°^' ''^™' '"°^^^ Minute of, in Procedure Book, Qp award, 896. Minute of. in Procedure Book, fy defendant, 806. . " . Minute oj in Procedure Book, for defendant on set-off. 896. . . ^899^"°^ '° Proaedure Book, for executor to revive jud'gmcnt, ^ }J!°»*8 of, hi Procedure Book, in replevin, 399. Minute of, in Procedure Book, in.interpleader. 400. Minute of, in' Procedure Book,. fine.on juror, 400 Minute of, iu Procedure Book, fine /for contempt, 400. . J."°'**«o^'^°P»:?o«dureBook, Anion witnesses, 401. Postponed under fled. 106, 401, \ Plaintiff 'rf application fpr summons J^ainst, 817. ' Plaintiff's application forrti of; 881. / Summons to appear and be etamfaed, 881. Summons soryioe of, 884. 836. - • ' t of payoMtot uu ordcfed,- 882. . . *^ ♦ :% .V /St' ■■ ■ li ■ k: y .'.>*-; h:^!>A^ a.--* ^ - Wr «■ » » tm~ -. -..-*■ if' li 4 ' Wi INDEX. sl-St X : : JVDQUMKr SUHHOKS— ' AppUoation for, 817. Form of, 881. w- .. ' :C Hovr td^b^ seryed, 884, 835. * Not to iMue irithout lejuve of Judge on jadgment more than B»x years old, unless some payment made within twelve months, 862. . Transcript of, to another diyision, 863. Forms of oath to defendant on examination, 429. JuBAt-^ . > To affidavit, 846. ' Form to, 428, 429. - v t ' JiraiSDiOTidN— V In certain oai^es, o\)urt none, 842; JUKOBS— ^ .. ■ -- *^ Fees, 860. ^ SummtS^nsto, 888, Fine on, for non-attendance, 400. . - Forms of oath to, 428, 429. JuBT Casbs— * No jury in ittterpleaderv 298. / " Judge may non-suit plaintiff in, 841. Judge may order second trial before jury, 848. \ . Party requiring jury in first instance to be entitled to jury on , ^oond trial,, 848. ' JusTiOB or Pbaob— " . Notice of action to, 423. Form of notice by, that no notice of action received by him. 428. JPSTIWOATION— ' ^ ^ ' Affidavit of, by surety to bond, 480. LAirSLOBDS--^ Claim for rent in interploadeV, 824. Form, 875. 4 To issue process under 72nd sec, 819, 842. Form of affidavit, 867, 868. ^ Judge may (^ant, to defendant to dispute plaintiflf's claim where no notice given and time expired, 278. LXMITATIONS, StaTUTIS Ot — Continuance of process to sate, 348. See Statctobt Dbhnoi. Notice by defendant that claim barred by, 422. « , LiHi Fmois and Watbbooubsbs— ^ ExecutionfordamageA and costs, 411. LiQVOBa— . Court has no jurisdiction for lippling debt, Ac, 842. List— Judge's, what to contain, 365. M^^^IJ^M giJ|VA J LTr=&» Mn»OB, J4! 8. ^ ' ^ tss>«t 4H J^K y \ > CIerk'8, of non-appearance of gamishie, 894. ■. Of admission of debt by garnishee, 894. : J^*»«'«gwm8hee denies debt, «94. .; """i^get 8f2 '^ "'"* '"^^' '°' ''-*« ^- »«"• other than for '. , [ Form, 867. Mivvn — pIJS "*5['»!'!°« Judgment summons to enter with Oierk 817 ' . v ■°d.rJ^'"'- ',"'^°°»' """W »11 defend.nt. „rT.d but KtD. On special summons generally, 322, 895 rf,. On non-suit, 896. ' ' * , - On dismissal, 396. oJ'iiarnge"" "'^ *'''"'""^^^^^ For defendant, 896. - For defendant on set-off, 396. ^ For executor to revive judgment, 899. In replevin, 399. In interpleader, 40Q. Of fine on juror, 400'. Of flnp for contempt, 400. Offineon witness, 401. MiBootmvoT — ^ Of elerks and bailiffs, 836, 837. M»"S1°' 'r"-^ ■^'->-'-^. 838. Of plaintiff m^beriiiionded on termi, 839 potion for recovery of, 276. Definition of term, 276. ■ ■ 1° ^Krw*" *" "'^'^ "^ •"'* r" «•" dwided, S25; I ^v Ih other oases, 820, 844. > -^ • , . . t 1 X:£ , ■* m j^g^m2 462 "niBffit' t ' MONBT PAID INTO CoURT— Con/mucrf. " - V( V * Payable at olerk's office, 863. / ^ , Not to be sent to clerk of another, court without plaintiff's order, 858. -' * MUSKOKA — , - . : Rules, orders, &c., to apply to, 365, Nambs 01 Partibs— -' K '- - To appear in full, 816. ' Nbw Trial^^ *' ■ "^ lu interpleader, 293. ' { Practice on q,pplication for, 847. •Order for, 402. Notceof, 421. ^. :^::.^^',:2.-^:-:^ .-, .- Judge may order to be before jury, 348. -■ "^ " ~ V ' Nearbst Sittings to Defrndant — . , Statement in claim, 817. Nbxt Fribnd — ' . .w ' Of infant undertaking by, 342/ V Of infant undertaking by form of, '367. NOH-APPEAEANOB-r- ' , - * Garnishee proceedings, clerk's memorandum of, 394. i. ' Non-suit — :; " Judgment of, to be Tendered where defendant's set-off exceed»: y^ plaintiff 's claim, 290. ^'. Minute of judgment of, in Procedure Book, 396. i Power of Judge in jury cases to, 341. ;^- . CostS'of, where suit discontinued, 346. f ^ ^ ' '*^^^^^^^ ""I'mpttr^^^^^^^^^^ *^^* ^^" - -*« not stamped or . '''S'^c'ti^n! &^^^^^^^^^^ P^^*'« *^** P^'^'^^ff **^g-e notice '^^AcM2f ' '^'^'''^'°* ^'^'^^^ ^^^«' protecting clanses of NoTtOS-^ V ^yspecialflummons, at foot of warning, 819. Of admission of part by defendant, 346. ' ' Uf admission of part by defendant, form, 422. C^9»et-ofF—^w SfiT-pr?. VOaTHS and AmEMATIONS, &c — Kequisites of, 845, 428. . flow to be administered, 345. ' Omo^BEs^ fJ^:™' ^""^ ^^^^'^^'^' '"'^'r throughout Index! Tariff of, 854. ^ Forms, 857, 358, 859. . ' x , And sureties, claim on suit against, 817. Form,^-^i. i^.^*^ i^4»-^;^ 464 ^^wWgJ^JIjWp ^ *t ^^^ OsosiRs— To be entered by olerk in Procedure Book, S&O^ To be entered, forms of, 392 to 401. O&iaiHAL SUMMONS — I , ftnggestion of deTastavU* 829;-* | V^ Form, 886. -\ ■'- \\\ i \ Papbbs ih Bunp- To be kept ia summons, 884. ... Pabt— ' Judgment for, 820.^ • / Pastioulars — , Of plaintiff's claim to be endorsed on or attached to summons, 276. In garnishee proceedings to be filed betfore judgment render- » ed, 288. . •' " ^. Ofdaim to be in detail, 816, 817. w Forms of particulars, 373 to 376. On contract, 317. • . In tort, 874. J Against officers, 817. ■ Against officers, form of, 874. In interpleader, how and When to be served by claimant on^ landlord, 824, 826. Forms, 876, 876. In interpleader, if rule not complied with, case to be adljourned for adjudication on merits, 826. On confession before suit, 344. "Where practice as to not complied With, case may be adjourned. Ac, 847. . J i * See Claim, 816, 817. Parties to Aotiokts— /See Amkndmbnt, 816, 817, 888 to 842. Interested in garnishee proceedings may show, cause, 287. Patinq Mosrt imto Court- To be deemed sufficient notice of defendant's disputing plaintiff's ^ claim, 820. r o r ,^ Into court in replevin, 826. - ' Into court under 88th or 91st sections of Act, 844. Into court under 87th or 90th sections of-Act, 844. Into court by executor or administrator, 882. Into court, form of notice, 423. Patmbst— _ t ^ By garnishee^to primary creditor before judgment against pri- mary debtor, invalid, 283, 288, 828. PlRIBHABLR PrOPBRTT — Bond on seizuce or sale of, in attachment, 489. PlAORS — I Of abode of parties on claim, 816. PoSTPONBD JuDQMBItT — Form of, 401. . Primary CRcniTOR— What, 281. ■^fi " -%^^ Pb r*j,' ■C"^^):(.' k Pos: Posi Pba( PRIO Pbo( PROO ] rpRoc 1 1 I V. •- " ^%^,iflW ^'^ -^ .m Wdbx. ■*?? 465 '■■•3!^ '"^.- •'iy %^- k PaijtART Creditor— Cwiftntterf-. .... ''3Jb?o""28r' """' '^^' '^'^^ »>^ ^-'^-J^ee to primary pSZ bJ' S'" ^'^"^ a judgment. 281 *^,^. - - jro.ceedmgs by, where claim not a judgment. 285 et sen ' ^ ' ' Tffl^ •.Tl"'^ ^^«° J°<^ge orders. 289. ' '^^* " Form oO?9.^' ^^' ^°' garnishment of debt, 827. .; Application by, to be ex parte, 327. Warning to be endorsed on order, 327 Warning, Form of, 390. InZ^lTtX^Z''^^^^^^ *— fpt Of Primary Debtor— ^^ ''®^°" "^"^''g summons, 328. What, 281, TP nll?«'*' i° be served with garnishee summons, 284 328 I If not served. Judge may adjourn case until service 828 - Judge may order substitutional service of summons' 328* r ''gwJn'ssa' ""''''' "^^^^ ---' j"^«-nt bTS^fauUmay bo ^:^.: Where judgment against, in another court transrrinf of • a ment to be filed with Clerk before iss2g surmonT*328 •'^^'' ■ MiZ^nV •' r ^ «"?^^^^« ^^^^'^ J»dgmenf. 39? '* ^^^• ""rdVrnfatrrsl" ^^^^^''^^^ ^-^' of judgment against. Pluries Summons — To be dated when issued, 318 POSTAQB AND REGISTRATION OF L«a*rKRS-^ To be costs in cause, 349. Postponed Judgment Under section 106, 401. Jl Practice — W In garnishee proceedings, 282. Fbocedurb BooBr ~ Form to be used, 332, 350 Form of, 360. ""mldeTurLf" ^"^^ °'r^^« "^ P-«-^-g. -\ute to b.' In such case no formal order n^essary, 341 * . „ To be transcript of Judgment B^k, 353 ' &ee Judgment, Minute op, 392 toMOl. PttOOREDrNQS— ^ ' ' '^ Former, continued, 315. .^Process Book— \ Bailiffs, 385. B ai l iffs , for m of. 44 1, ■.^' JM 12 -■51^ tSr" /- m& r< ■ ■■t yk PECCfeM— ■ " . ^ tinder seal to be signed by elerk, 818ir' First, to be commencemeDt of action, 818. First, ID certain oases, 818. . , \ • . ^^ . How to be stamped, 818, 345. ' How to be stamped in interpleader and replevin, 846. Not to issue on judgment more than six years old without leave of Judge, unless payment made within twelto monOis, 862. rBOMlSSOBT NOTB — » S ^ ' ,^ NoUce by defendant admitting signing or endorsing and denyinit residue of claim, 422. , * Court no jurisdiction where consideration a gambling debtj^ ^ '.. ^ &c., 842. Proceedings on, by beneficial plaintiflF where seized in executioiu and form, 818. ^ Pboteoting Clavsks — -._ Form of notice that defendant defends under^ 423. ; PCTTINO 0¥V — ; Trial before hearing, 847. Trial before hearing, costs in such case, 847, V .0 Ri 'm Qdakbb — - , > Form of aflSrmation to, 428. &' 1 , RefBB1!N0K — Order of, to arbitrator, 887. • Appointment for meeting under, 387. . "* Enlargement toJbe endorsed, 388. ' * See ARBitBAToir. Remote County — Defendant not residing in adjoining county when special summons r^ Yetnmabley 819. ii^r Kemoviho Dbbtob — ^ Attachment against, Rkkrwal — vpp Of executions^ 293, 851 .Of warrants of commitment, 3 Rent — Landlord's claim for, 824. : Landlord's claim for. Form of, 875. - . Return, when levied by bailiff, 485. Replevin — , Summons in, 818. ^. Summons in. Form of, 879. No other cause of action to be joined in summons, 326. Where distress for rent and defendant succeeds, Judge may find value of gobds distrained, 826. ^ Where distress for rent, if value less than rent, Judge lamy find Where distress for rent, if rent less, judgment fOr ftm^unt of , rent, 326. . . »A $ Res Ret Reti Reti 1 Rbvi' r ^ Rbvi^ I. f Reviv '^4 T!,^l™«'^'f*''®*^ ^*"' f?"*^^" /«*«»< and defendant aucMfds 526 Judgment m, in ordinary actions, 326 ^^.***lv Judgment in, in ordinary, forma of, 899. - . . nS?i^°.'i°!f "'?'"■' 1° discontinuing action, Ac, 826. ^ " lialhff 'a duties m action of, 826. - ;. ' 5*!l!£,'*'«'"'*°of8ummon8in, 826, 827. 5''! Jj,"'*'"" o^""">°»on8, formf,-4[36. Bai Iff 8 inventory of goods replevied, form of. 487 * ' . Bailiff '8 return of property eloigned, 327. * % ^ f? iiser's oath, 437. ' ^ 'ft Bo^D, 826. ^ ^ Form of. 486. « Assignment of. 436. Rbsidenok— /Sec Abodb, 816. Return — •* Clerk's, of emoluments. 434.- • Clerk's, of unclaimed money. 384 Clerk's, form. 435. Of special summons. 276, 819. > Garnishee proceedings, 286. • ° Of summons in replevin, 826, 827. • Kbtprws-'''"' '^^ ;; ' Under sections 18 & 19 (1869) to be made th Pi«,.k k« u • process issued. 328. V ■ '° °« ""^^e to Clerk by whom RbVIVAI. or JUDGHBNT j,,. To appear in transcript, 858. XlBVlVINO JunOMBHT— • . .'* yt?,.'8l2. °' """" ^°' ""»'"'' "•«'" "Pi""'"" »f -ix After six years, 352. After six years, affidavit fbr, 482. " / -• ,< Against executor, summons for, 884, 385 390 'orexeputor, summons for, 899. ' Ksvivruo P&ocjjUiniiGs-l -^ r ^•« M I - V,. > - #-^-'- r 1 468 ■ t IMDBX. P,-. ' t \ |«»- *i:.'- #-^. o i t Bkvision, Couht of — Costs of appeals from, 350. . Rules and Orders — When to come in force, 315. SCHEDITLK — ■. .. , Of Clerk's fees, 854. Of Clerk's fees, form, 357, 858. Of baiirrs fees, 354. Of bailiff's /ees, form, 359. To afl&davit for leave to sue ia adjoiaiag dlviaion, 368, 3G9. Seal — Process under, to be signed bj Clerk, 818. Section — ^ 41, Clerk's rettu-ns, 333. ^ Form, 434. # - 43, IJDclairaed moneys, 334. Form, 435. ** 72, Adjacent division, 319, 342. Form, 367, 368. . , ~ 81, Defendant to avail himsdf of set-off, 351. 87, Payment into court and tender, 341. 88, Pay'mfent into court or tender, notice to cleric" by plain- tiff, 344, 90, Payment into court, 826, 344. ■ 91, Payment into court, notice of, 344. %,' 106, Postponed judgment, 849. Postponed jadgment, form of, 401. • s 109, When judgment t3 be entered 014 award, 351. 110, 111, Arbitration ttnd^ward, 351. ( ' ^ 137, Execution in another county, 353. 189, Transcript of judgment, 853. 142, Transcript to County Court, 353. 162, Chose in action seizectia execution, 3J.8. 160, Judgment debtors7"81 7. ,^ Form', 381. ' "^ • 2, Act of 1869, entry of judgment, 350. * ' ; • 6, Act of 1869, proceedings under (garnishee), 327, 828. Forms, 889, 890.- ' 14, Act of 1869. application under, garnishee, 328. 16, Act of 1869, bond to be executed by primary creditor to *^ clerk for repayment, 829. Form, 893. > SKorniTT-*- " By primary orpditor when judge orders, 289, Seouritirs of Officers — ' . Form of particulars, 374.- 5ee Covenant, 291, 817, Pkbvjck— a 'f 9 Of process at a distaiRe, how effected, 291. Of papers OQ either party, 3 12^ • S B 8: Si So] Spi / J^^■ '-S^M' }G9. )y plftin- ) <» 28. iditor to '...;*-y '''■4iri 460 ra. browfc. Sbrviob— (7on/mttC(f. I Of Bommons, concurrent, 319, 885 Of summons, special, 819, 836. Form, 426. Of interpleader, 824, 885. Ofrepleyin, 826, 335. Of garnishee, 284, 827, 828, 336. Of ordinary, &c., 883, 885. . Forms, 425, 426. . . Of judgn^ent debtor, 884, 835. Of continuance of action, 835. 848 SEBVAifTs WAaBs, SeeMiKoji, 842. * ^ , ' Bbttino asidb PHocrifeiuas— Practice, 278, 849. SsT>or.r — Notice of, to be sufficient notice of, disputine ulaintifT. Ji • under Act of1869, 276, 820 "'"i^aiing piaintiru claim When it exceeds plaintiff's claim, practice 290 • Form of notice of, 422. ""fietsge.^"'''"'"' ''' '^'«"'*°* ^°' ^^«re set-off part s.tl.- . Minute of jame for balance of set-off 396 _^ ^C« AmENDMBKT— StATUTOKT DKFBNCK ' . 0BVBRAI, DErBNDANTS — >^nd all not served, 8^20, 821 SP.cLr8:MM:Sl-'^ '''^^'*"* ^^** P^*-*"^-' certificated. 1.3. When to issue, 276, 819. Form of, 877. SerTice of, 319, 835. Affidavit of service of, 426, When returnable,- 276, 819, Wh«n?!7®**'°/''°^u®''^*^"'"'?''t<>^« added by clerk 319 When judgment may be signed, 820 * When judgment may be signed some defendants in defauU S2i When more defendants than one, and some maka d«fr,, '» i' . others confess, judgment against alL 82™ '^ "^'^ Form, 896. ' . '^''d.^,"822°' ""^'"^ ^''^ '' "*''■' ^«^«°dant8 served on dffneot iVhere one or i^oro of several dftfendants put in defei».« „-.i- to proceed hs in other cases, 822 ^ defence, action Judgment to be signed agaiust all when action determined 8'>'> Any defen d^a nt in default when let in to defend. 822.' "' .^^i '.. * V 'i' 1* . 4^m= «,♦ 1., » .-: :' K 470 IRDKS. I" ■'■■'>■ I i»:> 'i^i.; "«"t -< i-. 4 Where defendaot in default girca confession plaintiff may elect , ns to judgment, S23. Judgment' by default to be ent^ed in one month from return, 328. Form, 895. If month passes, suit not to abate, 823. May continue by alias summons, 828. « • Ju(|j^ent to be entered in form prescribed, 828. F&K150, 895. / Executionto be issued in form prescribed, 823. Form, 402. Execution under section 18 (1869), executed dut of dlvisioh to be directed to any bailiff of same county, 323. Execution cannot be issued to bailifif in another bounty, 823. Re^rns under sections 18 and 19 to be to cleric who issued pro* cess, 323. When issued instead of Obdinabt may be amended, 888. Spibituous Liquoes — Drunk in tavern, &c., 842. ■;»STAB1P8 — fe ' * Process, ."wha^to be stamped and how, 318, 845. How to be affixed to subsequent proceedings, 845. In replevin and interpleaded, 846. Cancellation of, 855, 366. Notice by defendant that these "not affixed to note or bill, or not cancelled, 423. . STATtrfES — See Sections. 82 Vic. cap. 23 (1869), 275. 27 & 28 Vic. cap. 27, where plaintiff sues in court nearest de-> fendant's residence, what claim shall state, 317. Form of execution, 408. '•. Of limitations, continuance of process to save operation of, 848. Of limitations, notice by defendant that claim barred by, 422. Statutobt Defence — Notice of, to be deemed notice of disputing plaintiff's claim, 320. Defendant to give notice to plaintiff and clerk, 843. Statinq Pbogeedinqs — Practice as to, 849. Order or judgment, &o., 349. Stbiring out Defendants — Where some succeed at trial on special summons, 322. SuBPCBNA — See Summons to Witness, 360. BubstitutionaIi, Service in Garnishee PBOOEBUiNas — Judge may order, 827, 828. SUGQBSTION — On devastavit on original summons, 829. Form, 885. "t Under 27 & 28 Vic. cap. 27, 317. Suitor's Monet— llow and.whcn payable, 802. S B *.4 r^ I" ^'L ay elect rn, 328. ^ isioia to 328. led pro* , or Dot rest de- of, 848. , 422. im, 820. ■ MfDEX. 471 % i m ^ 4 SwfQR'a MolTEr— CoMft"n«cJ. Clerks to make return without order, if unclaimed, 834 xorm, 4oo. / Supersedeas — \ Bond on. to warrant of attachment, 424 ^ ^OPPLE»BJITABY RlTLB— t Concerning stamps, 866, 856. BDMM0N8— , Ordinary, 818, 838. Ordinary, service o<^833, 835. * " ' Ordinary, jervice of atfidafit of, 426. Special— S?« Special Summons. In replevin, 318, Alias and pluries, 318. In replevin, form of, 879. In ijBpIevin, service of, 826, 335. , in repleviiK not to be served until proffgrty replfevied '826 In rep evfll how to be served on defendant 3't} ' ~ m replevin, how to be returned, 326. 327 * ' ' Form, 437. * In replevin, stamps on, 84G. Concurrent, 319, 836. Against judgment debtor, none to issue on judgment more than 8.x years old unless some payment within twelve Wfa, 86' ^ Against judgment, debtor, service of, 334 335 ' jrgm'e:t.'3'52" ^^^^"^^' '^- ^^ '^'^'' of executor to revivi^ ^., Form, 884. '^Executor's, on, devastavit, 829 Forms, 884, 886. Eifecutor's, suggestion of devastavit. 32'> Form, 386. "" Executor's, to revive judgment ngaiuat, 852, * Form, 386. . ,^ • "^^S^^ji*' o^Jlf^'^^ ^^^'^^^ «'°°e judgment, 83] k ^orff, 380, To witness (before Court), 350. Form, 388. ■ To witness (before arbitrator), 380. In interpleader, 380. In interpleader, service of, 824, 335. In Interpleader, stamps on, 346. To dcfenda* after judgment. See .luDnMRST StrMMONs 8B1 , To defendant after judgment, by default, 882 ' To jurors, 388. ■ primary debtor n„d garnlsbeo before judgment 285, 891. Form, 285. Gnrninhee,' how to bo Bervpd and ... Gnrnifiheo, Judge may order any af suit and served with. |{28. ddgt returned, 286, 327, 828. 8.36. -uK^ ran gcr to be made parly to ■^ 1<- n t « 4Ti INDBX. # 1 'f« • .1 f ■ , ;••*'.. litos^. jf / ; « m '3 Of judgment, revival of judgment to appear in, 353. Of judgment under section 189 or H^; bow to- be iasn^^ »«^ > entej-ed in Procedure Book, 868. ""^^ ^"'^ %iSfcL!°3/3 1" ^^°^"'^°«« *"^ ^«« --.^ without ' : '"'cSdfnr^teV'sS."''^'^'" ""^^ or iSQ- where pro-. Of judgment, entries of, to be i^'Prooedure Book, 853. - Of^j^udgment, execution on, from one Division Court to another, Of judgment to aliother Division Cooift'under Act of 1869, 419. Of judgment to Couyty Court under same, 178. 420 " ur judgment on ordinary summons. 420 TniAi, Nkw— . *^» ' S^dVf fto2°° ^^'^^ '^^^ ^*^^°^®^ °^' ^^^ *' *'?• * • Judge may order second trial to be before a jury. 848. Form, 421. *' ■" • ?n!:!f demanding jury, to be entitled to jury on, 848. Trial- ^ ^""^^ *° ^'''"®' "^^ «^'^'''^' ^^^' ' Putting off, before sittings, 847. Putting off, in attachment, 324. U»AtUTHOKIZED B0OK8 • _ Documents and forms not to be used. 350 UNOLAIMRO MONETS .^ List of, 834. f List of, form of, 435. ■, Undertakinq — By next friend guaranteeing costs. 342. Form, 367. Umpirk— * * Appointment by, to be endorsed on order of reference, 887. Varianck — See Amendment, s^**? .VoiEB Dire— ^' " '^•k Formofoath, 428. * "^ Waoe|— ' %■ .trAaRXit OF Commitment — Contirmed, w I i% q, jailer to ^n^orse fees aocl »<■'• ■w . *■» ■»» ,1 xfi ■' ' M » \i ' » • -«.^ ' V J r- > , ,■ I^iliffi w^en delivering d mileage, 838. In default of appearan After examination,,, 4 16' For contempt of court, 4' To levji^fifit^ on ^^Hptiess, ^^1rKBooIIl^s9f;{|#D Lfluk Fen f^ Bxecutfilipik daraalpi^nd^osls, 41^ Vfiv^■SSee '^^D ANp,WirKi,341 W|MrnamA^'> ^. ^ ..^VTit on itf r#e-^ '^^' Fees'of, to be t<^^ W^%>r F(lrfe|of, Sca*e of, ^5^60.. s SMi'inons to, 388, 889. ;" ^*4 ^' tine for noa-attendance, 401. » Affidavit of di^bursemei^t, 431. < 1 lWitmkssbs— i ?#■/■' \ ■ . Forqs of oath to, 42S^t seq. , • Affidavit of di8bur]3enl|ii)kts, 431. Words, IjNTERPRktATioN wi^ "Tfte Act," 815.% "The Act of 1869, W«15. ., > "Party," 816. C, ; ' "Person," 816. "I] ' "Person oi; Party," 3l6. •'Executor,"' 816. ^ "Administrator," ^16; - • •Singular number to inchide plttral, 31G. .Masculin« to include feminine, 316. "Sworn" and "On Oath," 816. "'Home Court" and " Home Division," 316, ■ "Foreign Court" and "Foreign Dividon," 318. "Judge" and "Clerk," 316. : "PlaintiflF" and " Defepdant," 816. ".County,"- 8 IC. •' "The Claim," 316. '•ProceBS," 816. - "United Counties," 316. S.'HJ. C. cap. 29; 827. jf •i: k,iPP '' 'i^. V .,< ft' . 1*^,. .% ^* *► ti'Usi'li . tf^;)i$Lt • • 4 ■ I ■it- fees andi 29, 827. *vA « r M Si- ? '..' X- ^A ' ' ... , ■ • INDEX OP FORMS. ',', \^' ■ AOJ0T51MO DmsioH— i V ' For leare to eoe party in .dWnin, V|,j,,„„ " . '. . For Judge's order in replevin, 372 • '' > PorTrL?^ *° °^'*''' ^'"'^ ^'tbout Judge's order 873 ^or order to garnibhe^ debt, 389 ' ' ^- ' urserrjce of ordinary sutnmpns, 426 4*^6 ■ ^ ^f service of 8peciaUummonl42&7427 Ot execution of confe8sio^, 427 ' '. ur execution (caption), 427. ' . / Oatji to person swearing or affirminff to 420 Of justification, 430. "^^imng to, 4Zy. * Of diuburaements, 431 ' A«,f«'*'"'^'^*^°^J"^Sment, 432. /' AWIEMATION Bj Qualjer, 430. - , ■ A..„wC'!l^'"°"' """" ^3 ^-- Sk- H (Oat,, 428.; .„,. s. - To Witnesses, 860; , ■ Appbaisdrs — Fees to, 360. Oath, 437. ApPLlCATION-r- '' F*judgQ,ent summons. 381 Appointment — , Of umpire on order of^.efe;enoe, 887 ^ • Ifor meeting on reference. 887 APPRAISBMEMt . On inventory, 438. Abbitration — I ■ -.iS Order of reference to, 387 ' * ' Appointment of umpire, 887 ^ .^OTointment for meeting, 387 ' . ABBtf;i7or"' ^'""^ ''' '"^^^"g --d on. 388. ' oirSi;:!iirb;^^^^^bon,ro,38o. . . . AttachmTt-"' •^ '™« ^^^ ^^^^ -'-^ by, 888. A'gainst absconding, &o., debtor, 371.- ■" ' I ' f \ , f'', M INDEl OF fORUS. Kf' ' «l.i' ,-«r AWAOBUBNT 09 DkBTB — iSee Oarnisheb FaooEBDiNQS. . . ) AWabd, 888. . ' Enlargement of time for making, 888^ ^ - . Bailitf and Subbt^es — i Partioulars in actioif^gainst, 874. Application by, for interpleader, 875. KepleviA bond, 486. . Ketarn to writ of replevin, 437. Inventory of goods seized by, &o., 487. - Appraiser's oath in attachment cases, 487. Notice of sale by, 438. Retarns to executions, 488, 489. ' Bond where perishable projperty, 489, 440. Process book, 441. BbNEFIOIAL PliAINTirF — Notice by, where action brought on promissory notes, &o.j seized in execution, 318. Bill — Of costs, 483. ^ 'Bond— Under sec. 15 of Act of 1869^ 893. Of supersedeas to warrant, 424. On seizuVe, &o., of perishable property, 439. Cash Book, 364, 365. Cbktificate — ^ For discharge of party from custody, 418. ^ Claim — Statement in, where sued in court nearest to residence of defendant, 317. ' . In replevin, 373. , . » Claimant — ' ' '^* . Interpleader summons to, 380., Execution agaih6t, 411. Clbbk and Sureties — , Partioulars in actions against, 374. Clebks — Notices to plaintiff, 422, 423. Return of emoluments, (^^4. Return of unclaimed moaeya, 435. Commitment — Renewal of warrant, 337. Warrant of, 414, 416, 417. Confession of Debt-t \. After suit commenced, 424. Affidavit of execution of, 4271' Contempt — «• Warrant of commitment for, 4 1 7. Contract — Particulars in actions on, 873. >. ■ i: V' :>..^^ 'v^ *.;.*■% S, - INDEX OF TORMS. «T7 f ^ es, &o.i enco of COBTS— Bill of, 433. County Court — Transcript to under Act of 1869, 420. Dkbt— / \^ Attachment book, 3G6. Defendants — ,' Notices to Clerk, 424. Devastavit — ; . Summons on, 384. . Suggestion of, on summons, 385 DiSBUBSBMSNTS Affidavit of, 431. Disoharqe — \ Certificate of, of party from custody, 418. Emoluments — ■ Clerk's return of, 434. EXECOTION — Renewal of, 352. - Against goods of defendant, 402. Against goods of plaintiflF, 403 po judgmeht for balance of set-off. 4t)3 i On judgment revived agifust executor. If Io5 ^ Against goods of testator, 406 ' ' > Against garnishee on judgment already recovered Am ' / Against primary debtor. and garnishee. 409 For garnishee's costs, 410. * ' Under 293rd and 296th sections CaL p. a.. 4,1 Against claimant on interpleadei?:^^Em^ Under Act respecting line fences, '&P^ . Executor AND Administrator— ' ' "• Summons on behalf of. to revive judgment 384 Summons to, where assets come Jo tLirtnl'since judgment, . FiNAfjut:'J;'i"'"* ^° ''''''''' '^'^ - ^r^^^d-e Book, 3tf5, 899 On special Summons, 895. Fine- t Warrant to levy, on witness, 410. Minute of, i^ Procedure Book, 400, 401. "i^- f , t ' fjf A t« ■», m- J ** M lA .^t-' M W W iL. §'- ^ ^ ^ %*. . ,/ . -i. '■*■; ff. A %' M^* mt' IHPBX or f QHUS. 'ir. ' .1 . GABNiraiBB PaooBEDiwas— -I Sundry forms given by statute of 1869 (since cbaoged by New ■^ ~ lies, as under), 295 to 800; and see p. 329. * , -.#' ^, avit for ord^r to garnishee debt, 889. r «, V-; udge'a attaching order, 890. Warniog to garnishee, 890. " . ^i ? SumnvouB to, and primary debtor after jadgwent, 391. Summons to, and prinoary debtor before judgment, 891. ' Minute in Procedure Book of judgment against garnishee oa judgm^l^g^Pjered, 392. MiBHPlHNRpiurt^fiooi^ of judgment tfgainst primary debtor ttSd gtfrmshee, 39^ Minute in I^rooedure Book in favor of garnisheift, 398. Bondunder 8fec.'15 Actof 1869, 393. % Memorandum by clerk of non-apfjearance of garnishee, 894. Memorandum by clerk of admission of debt by garnishee, 894. Memorandum by clerk where garnishee denies debt, 894. ' Execution against garnishee on judgment recovered, 408. Execution against garnishee on judgment recovcrei|. against >him and primary debtori 409. '\ .^ Execution against prijfnary debtor and garnishee, 409. Execution for garnishee's costs, 410. Execuj^on under ^3rd and 296th sections 6. L. P. Act, 411.. m-^' Illitbbatb Pbbsok^ ^W Jurat to affid«Cvit by, 430. ISTKEPLBADBE;?-^ Applleation by bailiff for, 375. Particulars in^ 376. Summons to claimant, 380. ,, ^ ^aamons to plaintiff, 380. w ''^'^Ei^cution agal^t claimant in, 411. \,^ Oath 10. 428: '4 lUVBNTORT^— Of goodd seized in replevin, 437. ■«. '»» fBW- OatU.t<^ *428^ •* ■■"4* SfSi— *' K**' j0i)GMBNT S AooliciiprTc^, 881. to defeadjtnt whd appears on, 42|f, Epoln, 401. . - ^utes of, 892 to 401. JUBATtO AfWDAVIT — * „ , By illiterate deponent, 430. By Quaker, 430. By person unwilling to bfi sworn from conscientioas motives, note, 428. % ^' e\ "*'. t.,' ■««*' hf. New • - sbee oa y debtor 894. 9, 394. t. 3. .instyhim i 'I 7 ' r ■*^- 411.^ »* ■*«&.*.■ ^^ ''i*..-i: ■-n' Diotiyes, 1^ -•i, ■^ . " t nTDBZ OF rORVft, Oath to officer conducting out of court, 429. Fees to, 8^0. i SammoQs to, 888. JUET— Notice of trial by, 421. / . Oath to, 428. . Oath to, called by Judge, 429. . Justification — AflMayit of, 430. Landlobbs — Claim for, rent, 875. Il»» FSMORS, &(□. — -Execution under Act respecting, 413. MinnTBs OF Judgment m -> 'f^ ^ \ ^ama'fe^'sgl'''"'^"'''"'"' '^'''''' defendant for debt and of ^i'i&n.'"'^'' ^^ ^^°- *"^P- 23. ««ca. 2 and 8, 395. Of judgment vhere some defendants have been served with special summons and otiiers confessed, 895. ^ Of judgment of non-suit or dismiasal, 395. Of judgment on award, 396. Of judgment for defendant, 396 %idf m°' ^'' '^'^'°^^°* '"^ ''^-'^ ^^«^« ««»-off part satis- Of judgment for defendant for balance of set-oflf. 396 396 fo799.'«*^'''' '"'"*°'^ °' administrator in ce;tain cases. Of judgment for executor to revive judgment. 399 Of judgment in replevin, 899. ' Of judgment of a(^udication i/interpleader, 4D0. aiJe^Z ^"'P^^tion^f fine on juror for non-attend- Niiw Trial— ^ Notice of, 421. NOTIOC — 2f *u,*' ^^ J"^ ^"'^ °«^ trial, 421. * Clerk s notices to plaintiflF; 422, 423 # Defendant's to plaintiff or clerk. 424 Of sale by bailiff, 438. ' Oaths, 428, 429. Appraiser's, 437. iT Oedbe— * Of reference, 387. For new trial, 40^. . J. , ,?fc« ■■"w /r 480 IMDs "7? s ...f I y ' », .fl. OBDiufAEt Summons, 876. , • *7, Affidavit of service of, 425. PorerPONKD JlTDdMBHT, 401. Pahtiodlass — . In contract, 873, In torf, 374. Against clerk or bailiff and sureties, 874; In interpleader, 875, 876. ^ , pEOCEDUKB Book, 860, 361, 362. Minutes in, 392 to 401. Quaker — Affirmation by, &o., 430. Benewai — Of execution, 852. - Of warrant of commitment, 337. Landlord's claim for, 875. Beplvvin — Affidavit for Jpdge's order in, 372, • Affidavit to obtain writ without order in first instarcej 373. Claim in, 873. * ^ Summons in, 379. Summons in, warnings to defendant, 379. Bond, 436. Bond, assignment of, 436. Rbtubn by Bailiff — Of papers given him to execute, 336. To writ of replevin, 437. To executions, 438. ^ Reviving Judgment — i - Against executor, summons, 885. Revival of Judgment — Affidavit for, 432. '/Schedule — ^ Of clerks' fees, 357. 358. Of bailiffs' fees, 369 Special Summons, 877, 378. Notices and warnings to, 295, 878. Affidavit of Service of, 426. Suggestion — * . Of devastavit on original summons, 885. BUMMONS — '" Ordinary to appear, 876. Special, 377, 378. Special, notices and warnings -to, 295, 378. In replevin, 379, To claimant iOjinterpleader, 880. "'of' V ((. . y> - J> i At-'. T T U: U v< w -^'mr w > 4 *4 .(', . «s-.. . 1^ f"'!./. ..!»,-. INDEX Of FORMS. >" r 1^ '■)(•'. 373. "'^f * SoMMONS— Con/tnt/f (/. Tp plaintiff in interpleader, 880. . «^ .lidgment, to defendant aftef defanlt «««> ftQti To rertrejudgmeiil against ,„„„, jgg '\:rdr;sf„:%igtrr8'8°o' """• ■"'" «- «» ^''^-h-'-' To jurors, 388. To witness, 888 ;. To witness before arbitrator. 889 OUPXR8BDEA8 — Bond on, 42lf*' £ TOBT— Particulars in, 374. ' i^^ TftANSOHIPT — To another diviglon, of judgment under Act of IRAQ ^lo , . To county court, of judUnt uXTct ons^^^^^^^ "^ att™r420.° °''^"^^^ -'"-- ^-- one'dUlon court to VlfOLAIHBD MOMBTS List of| 435. Undertakino— Bj next friend of infant, 367. VoiBB DiRB Oath, 428. Wabninqs — On special summons, 378. To defendant in replevin, 379 ^ To garnishee, 890. ' " Wabbai»t op Commitment— .Renewal of, 337. -, Pefault^of, appearance, 414 After examination, 416. ' Contempt in open court, 417. Wabrant to Levy Pine on witness, 416. ""^SSBS — liowance to, 860. aipiiaona to, JIJB8. rjpss— Q^rhT ll"; *' *PP''^ l'^'"^ arbitrator, 889. ot h ' I swears with uplifted hand, 428. Oath to, who swears on the Bible, 42§ -V-rj^KK^^, PB,,.„«3, K;^-a'8TKKEX EAST. TORONTO: i% ^Z* ^ ^tji «,iV' ^/'l"- '*"L *■ fij