IMAGE EVALUATION TEST TARGET (MT-3) to 4r :a 4^ ;'t ';■■: r 1.0 1.1 Iig|2j8 |2.5 2.0 IL25 HI 1.4 m 1.6 — 6" <^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 ^ ^* ^^ ■y^ r\. ^.> CIHM/ICMH Microfiche Series. CiHIVi/ICMH Collection de microfiches. \ x Canadian Institute for Historical IVIicroreproductions / Institut Canadian de microreproductions historiquc Tachnical and Bibliographic Notaa/Notas tachniquaa at bibiiographiquaa Tha Inatituta haa anamptad to obtain tha baat original copy availabia for filming. 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VIOTOBIA : Printod by RtcuAU) WOLniiDn, SovtrsiiMnt Priottr, •t Ih* OoT«nuiMD^ Printing Ofllce, Jameir B»f, 1880, iV /?/7^?^ Pi CknmvTB. in. Table of Contents. OrDEB in COCNCIL. KULES AOCORDINQ TO THEIR TlTLEfl. Bulks or Court. Forms. Costs. Index. Time Table. JuDiCiWURB Act, 1879. Law Stamp Act, 1879. life I In Couk( His Honou Qem Hoi]( Whereas enacted tha or Orders into effect a the Saprem It is then ernor of thi thereof, tha 1880," num Printing Ofl Conncil at t 15th day of costs of pro And it is i day of July, the said Si Crasette," N< November, : to bo repea invalidate ai passed. Ordbh in Coum:!Il. V. BRITISH COLUMBIA. In Council at Government Buildings, the October, A.D. 1880. 6th day op Pbebint His Honour the Lieaienant-Govornor, tho Honourable the Attorney* General, the Honourable tho Minister of Finance, and the Honourable the Provincial Secretary. Whereas by Section 17 of the " Judicature Act, 1879," it is inter alia enacted that the Lieutenant-Governor may, from time to time, by Order or Orders in Council, make fiules of Court for carrying the said Act into effect and for regulating the practice and costs of proceedings in the Supreme Court of British Columbia. It is therefore hereby ordered and declared by the Lieutenant-Gov- ernor of this Province, by and with the advice of the Executive Council thereof, that the Bules of Court entitled " The Supreme Court Eules, 1880," numbered from 1 to 425 inclusive, printed at the Government Printing Office, and filed herewith amongst the records of the Executive Council at the time of the passing of this Order, shall on and after the 15th day of November, 1880, be in force and regulate tho practice and costs of proceedings in the Supreme Court of British Columbia. And it is further ordered, that tho Order in Council dated the 16th day of July, 1880, relating to Rules of Court and Tables of Pees for the said Supreme Court, and published in " The British Columbia Gazette," No. 29, Vol. XX., shall, on and after the said 15th day of November, 1880, be deemed to bo cancelled and any Eules thereunder to bo repealed, provided that such cancellation or repeal sh.ill not invalidate any proceedings taken by reason of such Order having been passed. T. B. HUMPHEBYS, Provincial Secretary and C. E. C. OR Actioi Accou ai Admif Appet Appet Attac Appli( Claim Costs, Chan^ CODSO Court Di6cl( Disco Disco' Defen Dofen t( Demu Effect Evide » Execi FulK Inter] ludor IsSttOI Inqni Inter] 8 Joind Judg] Orders. vn. Orders according to their titles. [The numbers of the Rules given m each Order are inclusive."] Actions, form and commencement of, No. 1 (BR. 1 to 3.) „ joinder of caubes of, No. 17 (ER. 108 to 116.) „ by and against lanatics and persons of ansound mind, No. 18 fR. 117.) Account, application for, when writ indorsed, &c., No. 16 (RR. 81 and 82.) Admissions, No. 32 (RR. 236 to 239.) Appeal. See Sittings. Appearance, No. 12 (RR. 49 to 65.) „ default of, No. 13 (RR. 66 to 74.) Attachment, writ of. No. 44 (RR. 333 and 334.) „ of debts, No. 45 (RR. 885 to 344.) Application at Chambers, No. 54 (RR. 375 to 381.) Claim, statement of. No. 21 (RR. 149 to 151.) Costs, No. 55 (RR. 382 to 391.) Change of parties by death, &c.. No. 50 (RR. 351 to 357.) Consolidation, No. 51 (R. 358.) Court. See Sittings. Disclosure by Solicitors and Plaintiff's, No. 7 (RR. 28 and 29.) Discontinuance, No. 23 (RR. 163 to 165.) Discovery and Inspection, &c.. No. 31 (RR. 213 to 235.) Defence, No. 22 (RR. 152 to 162.) Defend, leave to, where writ specially indorsed, No. 14 (RR. 75 to 80.) Demurrer, No. 28 (RR. 182 to 194.) Effect of non-compliance, No. 59 (RR. 414 and 415.) Evidence generally. No. 37 (RR. 274 to 277.) „ by affidavit. No. 38 (RR. 278 to 283.) Execution, No. 42 (RR. 307 to 330.) Full Court. See Sittings. Interpretation of terms, No. 62 (R. 425.) Indorsements of claim, No. 3 (RR. 11 to 18.) „ of address, No. 4 (RR. 19 and 20.) Issues, No. 26 (R. 170.) Inqniries and accounts. No. 33 (R. 240.) Interlocutory orders as to mandamus, injunotions, or interim, pre* servation of property, &c., No. 52 (RR. 369 to 366.) Joinder of causes of action, No. 17 (ER. 108 to 116.) Judgments, motion for, No. 40 (RR. 290 to 300.) „ entry of, No. 41 (RR. 801 to 806.) ■'Ay'- . ^ ^1,'^- .•to '.•5' ..ft: villi OkderS. MisceHaneouB, No. 60 (RE. 416 to 422.) Motions and other applications, ^o. 63 (RR. 367 to 374.) New trial, motion for, No. 39 (RE. 284 to 289.) Notices, &c., No. 56 (RE. 392 and 393.; Parties, No. 16 (RR. 83 to 107.) Payment into Court in satisfaction, No. 30 (RE. 209 to 212.) Pleading generally, No. 19 (RR. 118 to 145.) „ matter arising pending the action, No. 20 (EB. 146 to 148) „ amendment of. No, 27 (EE. 171 to 181.) „ subsequent to reply, No. 24 (EE. 166 to 168.) „ close of. No. 25 (E. 169.) „ default of. No. 29 (EE, 195 to 208.) Questions of law. No. 34 (RR. 241 to 247.) Ee-hearings. See Sittings. Eeply and subsequent pleadings. No. 24 (EE. 166 to 168.) Eules of Supreme Court, No. 61 (EE. 423 and 424.) Sittings of Court ; the Full Court ; Ee-hearings, &o., No. 58 (EE. 399 to 413.) Special cases. See Questions op Law. Statement of claim. No. 21 (RR. 149 to 151.) Time, No. 67 (EE. 394 to 398.) Trial, No. 36 (EE. 248 to 273.) Writ of summons and procedure, &c., No. 2 (EE. 4 to 10. ) „ „ issue of, No. 5 (EE. 21 to 25.) „ „ service of. No. 9 (EE. 32 to 41.) „ „ substituted service of. No. 10 (E. 42.) „ „ service out of jurisdiction, No. 11 (EE. 43 to 48.) „ „ concurrent. No. 6 (Rll. 26 and 27.) „ „ renewal of, No. 8 (EE. 30 and 31.) Writ of attachment, No. 44 (RR. 333 and 334.) „ delivery, No. 49 (R, 350.) „ fieri facias. No. 43 (RR. 331 and 332.) „ possession, No. 48 (RR. 348 and 349.) ,, sequestration, No. 47 EE. 345 to 347.) 12.) 46 to 148) 58 (ER. to 48.) ' . o'-^yi^^J^^ 9, ^^. ^^' J^/U^a^ 'i'^^^rr^^^^f^/'^^ •-^/^ ^^/^^ /^d/^'^^'^ ^'^^^ A€^iy^<^- ''d^v^^^^^^ /{.^ ^^^ ^^^^^^4^^, -^^s j^ y ^ o/Zi^^'^''^^^'^^ y^^^ ' ill R [Note. — W */ T/ie .R«/t;s, UTp fo Orders and Independent the Rules to . 1. All act all suits whi tion, or by t of British ( proceecliwg \ 2. With 1 used under Vict. c. 126 Sujireme (..'( at any time delivering a .3. All ot Court may, manner as t / not been paj 1. Every summons, v of the clain '2. Any c forms of \vi forms of no inatter presi the Court s (Vni^ fit J*^^^!^ ^,^.^/^; '^^ ^-^ C^^^~^ f^i>7z7 t^^'^U'-'M^ / -■ ^t J2, £h. 0-^J Lypn 'Q^i^v^ ~3^-'rKi^ .5-c 'J- i^f . Q^^'fUJ -l^^/^r^, RULES OF COURT. [Note. — Where no other vrovhion is made by the Act or these Sules ,' The present Procedure and Practice remain in force. \ ~~ ' * * The Rules being almost loholly copies or modifications of the English Rules, up to and including some of those of 1880, the English subdivisio7U of Orders and Rules thereunder hare been folloiced as closely as possible. Independent marginal numbers, from 1 to i'lb inclusive, have been given to the Rules to facilitate reference. '.a-c^ \j ORDER I. Form and Commencement of Action. Rules. Marginal ITbs. OF Rules. t 1. All actions which have hitherto been commenced by writ, and j. all suits which hiivo hitherto been commenced by bill or i n forma- Actions and suitaAaii tion, or by citiiti(Mi or otherwise in I'robato, in the Supreme Court ^e inatituted hy-aotion" of British Columbia, shall be instituted in the said Court by a proceeding to be called an action. , r, a r\ 2. With respect to interpleader, the procedure and practice now 2. /^/^7 used under the Interpleader Acts 1 & 2 Wm. 4, c. 68, and 23 & 24 interpleader Acts/i *'r Vict. c. 126 (C. P. L. Act, 18G0), shall apply to all actions in the w'vict.c.'iVto ^ly ■ Snjireme Court, and the application by a defendant shall be made 'nmearwhilfii defendant at any time after being served with a writ of summons and before nmy apply. delivering a defence. 3. All other proceedings in and applications to the Supreme 3, Court may, subject to these Rules, be taken and made in the same other proceedings manner as they w ould Viave been taken and made if' the Act had unchanged in practise, not been passed. " ' ~ ~ ORDER II. Writ of Summons and Procedure, &c. Rules. 1. Everj' action in the Court shall be commenced by a writ of :.'-f^-i 4. ' f.jcment hhall show, in manner {.ppearing by the statement in Appendix (A) hereto, Part II., sec. VII., or by any other statement to the like cfiect, in what capacity the plaintiff or defendant sues or is sued. 6. In Probate actions the indorsenuiit shall show whether the plaintiff claims as creditor, executor, iidniiiii.stjator, residuary leg- atee, legatee, next of kin, heir-at-law, devisee, or in any und what other character. 16. 6. In all actions where the plaintiff seeks meiely to recover a Special indorsement of debt or liquidated demand in money iiayable by ihe defendant, with particulars of demand ,., ?., . .. •^■','^i '' • ■,•-, wbere liquidated. or without iDterest, arising upon a contract, oxpress or implied, as, ii 1 /. /^ . // ^ / :^, -/^ /•' V/ ^/l' i*7 C /Y; 'I ' /( f lY f'i '■ * ^ At ■■rjf (7i^^''') (<"-j /y> / Zn/c r/'/"'-^-^ '/., /rS2- if ^ I ? ^4?. -/^. ^ €44c spet-ially indorsed with the partifulars of the amount sought to lie recovered, idtcr giviiii^ credit for any payment or set-oft", y^ 7. Wherever the plaintiff's claim is for a debt or liquidated demand only, the iiKlorsemont, hesidos stating the nature of the Such statement sec III. The 17. Shall iitato Rniount I'laiined for debt and cMtii, and atay of pro- ccui'lriKH on iHivnient In duo time as well u iiaturu of dulni. im Fonn of Sttitement. Ah to coats iieverthtltM. , i? s 18. -■',,. In cases of account, claim for account to b« , indorsed. "^ !^^ appearance, further proceedings Avill be stayed. Sue may be in the iorm iii Appen(tix(A) hereto, I'artll, st^.. j.^^. ^...^ defendant may, notwitlistandiiig such payment, have the costs taxed, and if more than ono-sixth shall ho disallowed, the plaintift"8 solicitor shall pay the costs of taxation. [*S'ce also Form No. 4.] 8. In all cases of ordinary account, as, for in-stance, in the case of a partnership, or exocutorsiiip, or ordinary trust account, where the plaintiff, in the fiif^t instance, desires to have an account taken, the writ of summons shall be endorsed with a claim that such account he taken. ORDER IV. Indorsement of Address. RULKS. 1. The solicitor of a plaintift' suing by a solicitor shall indorse 19, upon every writ of summons and notic in lieu of service of a writ Address of piaintur and {. ^ ,, 11 J- ii 1 • J-/I Til' name of flmi and place ' of suninions the address 01 the ]iliiiiitifr, and also his own name or of business of solicitor to firm and place of business where writs, notices, petitions, orders, sum- 8ummo"9''or"uot"cita' mouses, warrants, and other proceedings and written communications iieu thereof, may be left for him. And where any such solicitor is only agent of another solicitor, he shall add to his own name or firm and place of business, the name or firm and place of business of the principal solicitor. 2. A plaintift" suing in person shall indorse upon every writ of 2O. summons and notice in lieu of service of a writ of summons his place piaintia in person to of residence and occupation, and also, if his place of residence shall indTccSpaOon^dlf"'* be more than two miles from the office out of which the first pro- Jf|^J^'^'"*«''« cess in the cause siiall have been or shall be issued, another proper place, to be called his "Address for Service," which shall not be more than two miles from such oflice, where writs, notices, petitions, orders, summonses, wan ants, and other documents, proceedings, and wrilten commuirlcations not rc(]uiiing yiersonal service m.ty be left lor him; and if such niemorandnin shall not be left, or if such address or place he more than two miles from the office aforesaid, tiien the opposite jiaity shall he at liberty to proceed by sticking up all notices, ]ielitioiis, orders, summonses, warrants and other documents, proceedings and written communications in such office. .1: L i tis CO ■ ^, I e RuLis or CCURT. OUDER V. 21. Pmwntlon and ib»p« o( writ* ol •ummoni. 22. Will ol lummoni to b« Mal«d. 23. Writ to be preaentod tor ■mIIdk proiwrly pr«- p«red, 24. On receipt to be flltd and filing entered. 25. Affidavit verifyintr Indorsement In Probate •ctlon. 26. Concurrent write may be iiaued within twelve months from issue of original. 27. Writ for service within Jurisdiction may be Issued concurrent with writ for service out of Jurisdiction, or vice vsrio. IssuB OP Writs op Summons. RULBS. 1. Writs of summons shull bo prepared by the plaintiff or his solicitor, and sluill be written or printed, or partly written and partly printed. [6Ve Eiifflish It. 5.] 2. Every writ of summom hlinllbe Hoalod by tbe proper officer, and shall thereupon be doomed to bo issued. [»SVt! EiKjUsh li. 6.] 8. The plaintiff or liirt 8olicit(.r hIiuH, on presenting any writ of summons for sealing, leave with the ofKoor a copy, written or printed, or partly written and jiartly printed, of .suoli writ, and all the indorse- ments thereon, and suth copy hIihI! bo signed by or ior the solicitor leaviiig the same, or by the plaintiff himself if he sues iu person. [See English Ji. 7.] 4. The officer receiving such copy shall file the same, and an entry of the filing thereof shall be made in a book to bo called the "Cause Book," and the action shall bo distinguished by the date of the year. {Sec Eixjlish. It. 8.] 5. The issue of a writ of summons in Probate actions shall be preceded l)y the filing of an affidavit made by the plaintiff or one of the plaintiffs iu verification of the indorsement on the writ. \JSee English It. lO.J ORDER VI. Concurrent Writs. HULEf?. 1. The plaintiff in any action may, at the time of or at any time during twelve months after the issuing of the original writ of sum- mons, issue one or more concurrent writ or writs, cacli concurrent writ to bear teste of the .same day as the original writ, and to be marked with a seal bearing the word "concurrent," and the date ol issuing the concurrent Avrit, and such seal sliall be ini pressed upon the writ by the proper officer: i'rov'dod always that such concurrent writ or writs shall only ho in tbroe for the period during which the original writ in such action shall be iu force. 2. A writ ior service within the jurisdiction may be issued and marked as a concurrent writ with one *")r service, or whereof notice in lieu of service is to be given, out of the jurisdiction ; and a writ for service, or whereof notice in lieu of service is to he given, out of the jurisdiction may be issued and marked as a concurrent writ with one for service within the jurisdiction. 28. BoUoltor whose name indorsed to declare on ORDER VIT. Disclosure by Solicitors and Plaintiffs. Rules. 1. Every solicitor whose name shall be indorsed on any writ of summons shall, on demand in writing made by or on lichaU' of any itiff or his I and partly per officer, sh Ji. 6.] ny writ of or j)riiite(l, lio indorae- ho solicitor in person. le, and an called the r the date )s ehal] be itiff or one writ. ISee : any time it of sum- oncurrent iiid to be tlic (hitc 111 pressed :liat snch od during ?siied and iof notice ud a writ :ivcn, out rent writ writ of t' of any defendant wl declare torth liis authority writ was not proceedings iiigs shall be 2. "When fi tlie plaintiffs beliiilt' of any residence ot i tiffs or their proceedings i be stayed n\ ^/Aud when tli sliuU proceed respects shall tlie writ. TJi name of the 1 1. Xo orig twelve nionlli otsnch date; been served 1 the twelve m and the Jndg to set ve such tlie original niuiitlis from (lining ihc ci ease bo rcncv the day, mon and kept for i upon the wri lilaintitl:' or h \\rit olsnmin to ]ireven1: tin eonmienceme purposes froi Minunoiis. J. The pro> with tlio seal leiiewed in having been t (if the first da j'-.-^V Rules of Court. 5 clefendaiit who has been served therewith or has appeared thereto, demand whether writ declare lorthwith whether Ktich writ has I)con issued by him or with den^wM"prSSe^ed' *** his authority or privity; and if such solicitor shall declare tlmt the »Dg» thereon utajed. writ was not issued by him or with his authority or piivity, all proceedings upon the same shall be stnyed, and no further proceed- ings shall be taken thereujion without leave of the Court or a Judge. 2. When a writ is sued out by partners in the name of their firm, the plaintiffs or their solieitors shall, on demand in writing by or on beliiilf of any defendant, declare forthwith the names and places c^ residence ol all the persons constituting the firm. B And if the plain- tiffs or their solicitor shall fail to comply with such demand, all proceedings in tlic action may, upon an ajiplication for that purpose, he staved upon such terms as the Court or a Judge may direct. //And \vheu the names of the partners arc so declared, the action shall proceed in the same maimer and the same consequences in all ves[iects shall follow as if they had been named as the plaintiffs in tlie writ. But all proceedings shall, neverthelev , continue in the inirae of the firm. 29. When writ by partners in name ot flmi, plaintiffs or aolicitors to declare on demand names and addresses ot members of firm. On failure action may be stayed. When declare^ ..ction to be as it tbcy were named in w;it. OliDER VIII. ) '.^A-Atv Jt %<.1iit>^l^^0^,^^ Renewal op Writ. Rules. £//' f^ 1. Xo original writ of summons shall be in force for more than oa twelve months ironi the day of the date thereof, including the day writ may be renewed by ot such (late; but if any defendant therein named shall not have Jj^^*' "''*" been served therewitli, the plaintitf may, before the expiration of porm. the twelve months, apply to a Judge lor leave to renew the writ^ and the Judge, if satisfied that reasonable eftbrts have been made to serve such defendant, or for other good reason, may order that tlie original or concuiTcnt writ of summons be renewed tor six months liom the date ot such renewal, and so from time to time dm ing the currency of tlie renewed writ./ And the writ shall in such case be renewed by being marked with a seal bearing the date of the day, month, and year of such renewal; such seal to be provided and kept for that j)ur[)Ose at the proper office, and to be impressed uiioii tlie writ by the proper ofKcer, upon delivery to him by the {ilaintiff or his solicitor ot a memorandum in Form No. 5;) and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whcre!)y the time for the cnniniencemeut of the action may be limited, and for all other lairpo.scs from the date of the issuing of the original writ of suinmoiis. ^ C" :.'. The production ot a, wiil of siinmions jmrporting to be marked 31. witli the seal (f the C'onit. and ;-lio\sing the same to have been Evidence of renewal, *a. leiK'Wcd in iiiannci' aiiiresiiid, :-li;i!l lie .'-iillicient (xidence of its having heeii so lencwed, and of tlic coniineisc( incnt of the action as of the first date ot such renewed writ lor all ]iurposes. '1 ■^..,. i^X^i*! \ .^r (<>.l .Jf'^J\' -tu^, 'U', >/t«v:(«.,^ «/♦.^;^;J^ <■' . ,>!'■> tA* '" / !' ^, '>,, ■■ r- /'•.t •^^1 iU.*.- '.. V * ^^ II Rules of Court. ORDER IX. Service of Writ of SuMMOJfs, RULKS. 1. Mode of Service. 1. "No service of writ sliiill bo reqnirod wlieii tlio defendant, by his solicitor, agrees to accept service, iiid enters an appearance. 32. Service not necessary when defendant ai^rccs. 33. 2. When service is reqnirod the writ sliall, wherever it is practi- wUhfea^ otherwise*'"' c^ble, be servcd in the maimer in which personal service is now made, but if it lie made to appear to the Coiiit or to a Judge that the plaintiff" is ii'oni any ciiune uiiahle to effect prompt personal so '-vice, the Court or Judge may make such order lor substituted or oiher service, or lor the substitution of notice for service, as may seem just. 2. On particular Defendants. 34. 8. When husband and wife are l)oth defendants to the action Where husband and wife servicc ou tlic husbaud siiall be doemcd good service on tlie wife, but the Court or a Judge may order th, it the wife diall be served with or without service on the husband. 35. 4. When an infant is a delendant t-) the action, service on his or i Where infant defendant, her father or guardian, or if none, then upon thej;^^ arson with whom [ the infant resides or under whose care lie or she is, shall, unless the Court or Judge othei'wise orders, be deemed good service on tiie infant; provided tliat the Court or •indgo may order that service made or to be made on the infant sliall l)e deemed good service. 3Q^ 5. When a lunatic or person of niisouiid mind, not so found, by Where lunatic or person inquisitiou, is a defendant to the action, service on the~"committeo of d'efendant"* ""'"' tho lunatic, or Oil tlic person with whom the iieisou of unsound mind resides or under whose cire he or she is, sliuli, unless the Court or .Tudge otherwise orders, be, deemed good service on such defendant. m 37. Whore partueis sued in name of firm. 3. On Fartiierti and otiirr Bodies. 6. Where jiartners are sued in the iKime ot their hrm, the wric shall be served, citiier ujkiu any one or more ol the |Vi.r;ueis, or at ^he principal jihice within the jurisdiction oi liic business of ihc partnei'shi[i, u[ion any pei'.son Jiaving at the time of service the control or nianagenieiit of the p utiicrship business there; and, subject to the rules hereinatlcr eoiitained, ^uch service shall bo deemed good service upon ihc liiin. 38. '>A. Wlu're one jierson einying on hnsiuc-s in the iiiinie of atirm Wliorcoiii- person carry. apiaU'entlv COlIsi: I i llg • .1 111' iT ■ liilll; i.l;e :iOI':-Oii ;-l,;;il liO •■^i'.'d Ml tile Inif on Ijii.siiU'S.s 111 II' . ^' ' " , . '~ , , , ,i ■ ■ • i -,1 • i nrm name, tiie wi'it Uiay he servc'-l ;il tl.c ii!Mici'>;ii nlueo within ihe juri.-diction of the l)iisinG,N-5 so ciinieu on upon ;iiiy person having at the time of i-eivice tJic coiitvoi ( r m;iiiiiu'emeiit of ihe business there; and, subject to any of liie Rule.- oi tlio Su[^r'.my CuiirL, such service sliall be deemed good service on llie person so sued. ini; naine oi a ''rm sued in firm's name, eiKlant, by irance. t is practi- ce is now rndg-o thai, t personal stituted or :e, as may the action 1 the wile, be served. on his or •itli whoiii unless the oe on tiie at service ' ervice, Jonnd. by niitteo of niisoiind nless tlio on such tlic wric ■.s, or at ■js ot the \'ice the 'I'c; and, shall be ff // / 4r f,' J ///U(f /: ^'' ^ 7^ / / /O r/A'^ ■//'<: ^ ■ ^^^^ ''^'" t.^' '//'■ ^/i^ ^7 '/ of a linn •A 111 tjn' itliin I ho i:i\'ino' at '.■) I lie re; h service 7* /. *'/(*' =.^^^>^-t^ ^^^^ ' ^ / ^ -4^ ^<^ dfC^oC^/U' /i^^/^//i«^' cf^ !^X^?^ n U<^f(^ /■Cu^'-./i-.M THE BRITISH COLUMBIA GAZETTE. [Novkmhkr IItii, 1886 /■ / // NOTICE, J I I IS HCJNOUK, the Lieuteiiant-()ovL'rnor, V^ .f/ ft. / 4I?A I(/. Servici (if sumiiiiins may •ludge, wliii'c tliL' iiu'iit (iiotwitlistiiMiliii till' acticiii by and with the advicu of the Kxeciitive Couiieil, has lioLU pU'asi (1 to ordiT, a)id it is hereby onlored, that Order Xl. of the "Suiireiiie Court Uuks, 1880,'' be, and is hereby, amended, niuKr tlie authority of section IT of tlie ".ludieatvire Act, ISTll," by adding thereto tlie following Itnli's, that is to say : — OUUER XI. out of the jurisdiction of a writ also be allowed by the (,'onrt or lU'tion is u])nn a contract or judg- tlic cause (if such action, or of ujion which such judgment was obtained, wliolly arose out of Ih'itish Colundiia), and it appears that the deb ndant has iissits in IJritish Cohnnbia of the value of .9"iOO. at least, which may be rendered liable to the judgmout, in case the plaintiff slunild re- cover judgment in the action. 4Sa 7. If the defendant does not appear writ wln(di, or notice of which, has been servei' him. imrsu.nit to suidi h avc, the (.'ourt or .ludg give ai;y (lirei'tiiins which the ('ourt or .ludgi time to line scslii.as to the manner ot in the action, .ind the conditions upon whi, h I lie sanio may be proceeded with, and shall recpure the plaintiH' before obtainine juil/nu-nt to prove his claim and the amount of dcl't or damages (if .my I. to tin satisfaction of the ('ourt or .Imlge. .iinl in sucli mode iis tlui (\)urt or.lndge. having referinio to the nature of the ease, may diiect. And it is also hereby ordered that the said Rules be in force and take etlcct on and after their publication in the Ihitish (loluinliia (iazettc. .IXO. HOBSON, Chrk Mxeriitin- Caitii' Ortvlii-.r -21)1)1, KS80. to a upon is to from iniiceeding I'iiiuria, li. (.' ■U. Rules of Court. 7. Whenever, by any statute, provision is made for service of any writ of summons, bill, petition, or other process upon any corpora- tion, or the inhabitants of any i^lace, or any society or fellowship, or any body or number of persons, whether corporate or otherwise, every writ of summons may be served in the manner so provided. 39. statutory provisions for service in case of cor- porationg, Ac, retained. was served. 4. In ■particular Actions. 8. Service of a writ of summons in an action to recover land may, 40. in case of vacant possession, when it cannot otherwise be effected, sen ice wiier- action to be made by posting a copy of the writ upon the door of the dwelling- ""^°^" ^''""' house or other conspicuous part of the property. Generally. 9. The person serving a writ of summons shall, within three days 41. at most after such service, indorse on the writ the day of the month onTr?t'(ia\ 'of mono?"' and week of the service thereof, otherwise the plaintiff shall not be and week on wwciiit at liberty, in case of non-appearance, to proceed by default; and ""° "'"""' every affidavit of service of such writ shall mention the day on which such indorsement was made. [See English li. VS.] ORDER X. Substituted Sertioe. Every application to the Court or a Judge, under Order IX., Rule 42. 2, for an order for substituted or other service, or for the substitution urtSd™"7c"''to^^ of notice for service, shall be suppoi-ted by an affidavit setting forth supported by aniJavit. the grounds upon which the application is made. ORDER XI. Service out oe Jurisdiction. Rules. Pi a:: a 1. Service out of theJuri^dictioiL^ofa writ of summ ons or notice 43. of a wnt^f summons may Ue allowed by tlTe~Court or a Judge sm ice out ot juris- / xi I, 1 L jy L^ 1 • i. i.i £• ii- x-° diction, when allowed. whenever the whole or any part of the subject-matter of the action is laud or stoclf, or other property situate within the jurisdiction,? or any act, deed, will, or thing affecting such land, stock, or property, c and whenever the contract which is sought to be enforced or rescinded, dissolved, annulled, or otherwise affected in any such action, or for the breach whereof damages or other relief are or is demanded in such action, j was made or entered into withiu_tlie jurisdiction, and whenever there has heeu a breach within the jiirisdlctioii of any contract wherever made, and whenever any act or thing sought to be restrained or removed, or for which damages are sought to be recovered, was or is to be do ne or is situate within the jurisdiction. Rules of Court. 44_ 2. In Probate In Probate actions may Of a Wl'it of bo allowed. allowed out of the jurisdictioa; actions service of a writ of summons or notice summons may by leave of the Court or a Judge be 45. 3, Every application for an order for leave to serve such writ or Application for leave to iiotice ou a defendant out of the iurisdiction shall bo supported by »en'e thus to bo sup- . ■, . jx; ^ -j. xi- t_ • • 1.I1 ported by affidavit. evidence, bv affidavit, or otherwise, showing m what place or country such defendant is or probably may be found, and whether such defendant is a British subject or not, and the grounds upon which the application is made. 46. Order giving such leave to limit time for appear- ance. 4. Any order giving leave to effect such service or give such notice shall limit a time after such service or notice within which euch defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served or the notice given. 47. 5. Notice in lieu of service shall Notice in lieu of service, which writs of summons are served. be giver in the manner in Judgment on default. 48. 6. In case it appears to the Court or a Judge by sufficient ,evi- / Where defendant cannot donco that a defendant is absent, or cannot be found after (me t m^ad'o'andp'ubHshe^iJ'^iKi diligence to bo servcd with the writ, the Court may order thej """"""'""''""""* defendant to appear within a time to be named in the order, and may direct a copy of the order to be published in such manner as the Court thinks fiti^and in case the defendant does not appear within the time limited bj' such order, the Court may order judg- ment to be entered as on default of appearanccj!!, 1 49. Appearance, how to be entered. 50. Defendant's solicitor to state in meniomiidum place of business. ORDER XII. Appearanoe. Rules. 1. A defendant shall enter his appearance to a writ of summons by delivering to the proper ofHcer ameniorandmn in writing, dated on the day of delivering the same, and containing the name of the defendant's solicitor, or stating that the defendant defends in person. '[See English Ji. 6a.] • 2. The solicitor of a defendant appearing by a solicitor, shall state in such memorandum his place of business. \_lSeeEnylish Ji. 7.] 51_ 3. A defendant appearing in person shall state in such memoran- Defendant appearing in dum his addross, and if ho resides more than two miles from the STddrc'i''\'o?''s'in?ce. offico out ofwhich the first process in the cause shall have been issued, a place to be called his address for service, which shall not be more than two miles from such office. [See English M. 8.] tl^f l^^ U( /u^ ft: 4. If the bo received tlic iippoiu'i aiiplication 5. The ^ G, or (JA., w require. [< 0. Upon 1 sliall forthw (jlisli li.ll. 7. AV^herc appear ihilr eeediiigs ishi [Sec English 8. Where firm a p pa re I the name ot sequent ]iro( the firm. [ 9. If two tlie same s( defendants s [See English 10. A sol written undc liable to an 11. Adef appear at an on the .same the ])!aintitt" tlie Court or time for deli he had appej 12. In Pre intervene an atHdavit slio\ [See EiUjlisk 13. Any p Ibr the recov apiicnr and po.sses.iion of li. 18.] 14. \\\\ jK land as jjndl. only by iiis t( lanillord, [^ 1-3. ^\'ilOl'o nioiis ibr tiie Jud^o to app RuLKS OF Court. » 4. If the mcmornndnm does not cont.iin such nddrcss it shall not be received; mid if :ui_v siicli address sluill bo illtisory or fictitious, Die iippciiniiice may bo sot aside by the <"ourt or a Judge, on the application of the plaintifK ( /SVc EnfjUsh Jl. 9] 5. The Memorandum of Appearance sliidl be in the Form No, G, or 6a., witii such Aariations as tlie circumstances ot the case may require. \_St:c Jun/b.'^h U. 10.] 6. Upon receipt of a Memorandum of Ajipcarance, the oilicer sliali fortliwith enter the appearance in the Cause Book. [Hce En- (jlisk JL 11. "1 7. Wlioro partners are sued in tlie name of their firm, tlioy shall a]ipoar ihdividually in tlicir own names. But all subsequent pro- ceedings shall, novertholoss, continue in tiie name ol the firm. {Sec English /.'. 12.] 8. Where any ])orson carrying on business in the name of a firm apparently consisting of more tliaii one person shall bo sued in the name of the firm, ho sliall ap])oar in bis own name; but all sub- sequent proceedings shall, nevertheless, continue in the name of the firm. [! to the plaintiif's solicitor, or to the ]ilaintitf biinselt if he sues in person, and he shall not, unless the Court or Judge olherwise onioi's, bo entitled to any further time for delivering his defonco, or lor any other purpose, than if he had appeared according to the writ. ['See Eixjlkh li. 15.] 12. In Probate actions any person not . amed in the writ may intervene and appear in the action as horotorori?, on filing -m atiidavit sliowing liow he is intorestod in the estate of the deceased. \tice Eiif/ltsh 1{. IG.] 1:3. Any person not named as a defendant iu a writ of summons Ibi' the rocDvory of hnid may by leave ot the Court or Judge apj;o;ir and dolend, on filing an affidavit showing that be is iu possession of the huid either liy iiimsolJ or his tenant. \iSee English li. 18.] 14. .'iuy iiorson appoiiring to dofond an acvion tor tiio recovery of land as fmcllord in res| cot of property whereof ho is in possession onlv bv his tenant, sluiil state in his a[ipe.ir.tnco li;at l;o appears as landlord. [.SVi; .'%/?>•/' /,'. i'.)] 15. \\'iiore a [R-rson luiv naniod ;!■; (iotbinlanr in any ■writ of sum- mons l\)r tiio rooii\ cry ol land has oi)t;iinod leave of the Court or Judge to appear aiul defend, he shall enter an appearance according 62. Penalty (or default ol addrcM. 53. Form of memorandum of appearance. 54. Officer to cuter appear- ance In ca*erson in possession of land may intervene in action for recovery of land. 62. I'dson ajipcarinj;' as lundloid nnist state in his apiuMvanuu that he docy .so. 63. I'tTson not naniod a« defendant in snch suit obtaining leave todefend, 55. K''' Appcaranie where part- ners sued in name of nmi. f • 1 '• 56. W '■' '' Tlic like where one per- son sued in firm name. !•' ' ^ W \ ^ pi; 57. 1; ',p Two or more defendants appearing hy same solici- tor, to he named in one memorandum. fl 58. fcii^i Solicitor failing to fulfil undi:rtaking to enter B^ appearance may be attadicd. ■igr cc 10 RuLBs OF Court. howtoent«r»piwarBnc« to the fovegoine: rules, intituled in the action against the party or and what notice to give, parties iiiuiicd iu tho Wilt US (lotViidunt or delciKhinti, and sliall fortlnvitli give notice of siioh aiipearaiice to the ]ilaintiervc;d upon or left ;it the dwelling-house of the father or guiirduiii, it any, ot tuch infant, unless the Court or Judge ot the time of hearing such application shall dispense with such last-mentioned service. 67. If defendant fail to uiipear plaintilT pro- cijodintt in dofanit must file attida\it of service or notice. 68. Where writ is s|iecially indorsed anil UtfL-iKhtnt does not aiipear, itl:;iiitin' may si:,'n jiKli;nieiit for debt, iiitei-est, and costs. •I. Where any dei'endiinf Jails to appear to a writ of summons, and the jilaintiff is (ie.sirous of ]ii'o<-eC(ling upon default of apjiearance under any of the following Kiiles of this Order, or under Order XV., Rule 1, he sliall, i)eforc taking such ])roceedings upon default file an affidavit of service, or of notice in lieu of service, as the case may be. o. In case of non-appearance 1)y the defendant where the writ of summons is i^pccially indorsed, under Order III., Rule 0, the plaiiilill" iiKiy sign final judgment for any sum not exceeding tho ,ium indorsed on the writ, together with interest at the rate speeiliod, it any, to the date ol' tlic juilgiiieiit, and a sum for costs, but it sliall be lawful for tho ("ourt or a judge to set aside or vary such judg- ment upon such terms as may seem just. It ilt I 1 ^'yi^.^Ly ^ ^*t..**** >• tc '■ i I 1^, 'I ;|, ' ■/-= ■■i ' Rur-ES OF CotTHT. 11 4. Wlicro (lit TO niv scvt'inl dotiiulaiits to n writ s|in(!iiillv indorsed gg_ lb'' a (U'lit or Ii(|ui(lii1('i| di'iiiiiiid in niiiiiy. iMidfr Oiwlcr 111, Kiilc (>, where nmno ciutoti(i»nu ih.d ohii or nmro i>rtli(^iii ii|i]i('iif to Ilit; wiil, and nuotlicr or oUioi'rt "ffi"ttT»Ti™V"'Jii*^ of tliom do not aiiiioiu'/llio iiliiintill' iniiy cntiT fiiiid jud^'nu'iit X';;"";i^,i;l:;|"'J^»^^^^^ iiU'iiinst siicii iis liiivi' not iiiiiJiMiud, and may iNHiio oxci'iition uiioii durmiiu™ mui i>ro<»«?««. 6. Where tlio dofeiidant Tails to iippoar to the writ of HMinmoiiH 70. and the writ is n^t siiecially indorsed, hut the idainlill's eiaini is for if tkrundant fail to , , ,. . , , ', • , ' ' •• t • 11 u|i|)oiir « hum rlalm In a dclit or hqiiidated deiiiaiiil oniv, no staterrinit oi eliiim need l>o ii.|.ii(i«toii hut writ not delivi "ed, hut the |ilaimilf iimy lile an afHihivit of service or iiotico KSit'llK^^ in lien of service, as ih.' ease may he, ami a statement of Iho [mv- ;lulaffl■Ja!'l^^'I^'Mrw?o ticulars of his claim in resiieet oi il;. causes ot actii)n stated in tlio nmi stiitummit of i.ar- , ^ ^, .' , _ , ... i> • 1 i tUumrH of iluinaiirt and indorsement upon the writ, and may, after tlie expiration ot eight ontcrHnaijuiiifmentfor days, ent.'r Hnal jii(lgment_ for the aniomit shown theicl>y mid costs ^i"'' "'wcamnce. to lie taxed, provided liiat'lhe amount slaill not lie more tluin tho hUm indorsed U[)on the writ hesides costs. 6. Wliere tho defendant fails to iippoar to tho writ of summons and tlie jiiaintiirs chiim is not for a debt or lifiuidutod demand only, hut for detention of goods and pecuniary dania'^es, or cither of them, no statement ot claim need he delivered, nut interlocutory judgment may be entered and the value of the goods and the dam- ages, or the damages only, as the case may Ije, in i'cspect of tho causes ui action disclosed by the indorsement on the writ of sum- mons, shall, without a writ of intjuiry being issued, bo assessed heibro a -Judge (with or without a jury) iii, manner provided for tho trial oi f|Uesti<,iiis in any action, wherein the jiartics had pleaded to issue, or brought the pleadings to a chjse. No writ ol iiaiuiry shall is^ue ill cases of judgnieiil liy default, i)Ut, except in cases where tho judgment is final, tlie damages and value of the goods, or either of them, reipiiring to bo assessed, shall bo ascertained as provided in this Ixule. 71. Oil dofundaiit'8 falluro to n|)])uar where ctaini li uiilifiuidateU, no state* iiieiit of ilalin re<|ulred, hut iiitorlouutory judg- ment may he entered and daniRKea be owieued on notice of trial. 72. 7. In case no appearance shall l»c entered in an action for the recovery of laud, wiihin ihe lime limite'l for appearance, or learaiu'c be entered hut tho defence be limited to iiait only, the iimited to pirt.ludt'ment 1111 ,i'i . . -1 i.i.^i tor nliuntltf as to unde- \4' .,.. Ill aition for recovery of ' liiiul if no n|ipcaraiice a plaintitt" shall be at liberty to enter a judgment that the iiersou fcmUdpart. whose title is asserted in llie wiit shall recover possession of the land, or of the part theieof to which the defence docs not apply. 8. Whore the iilaintiif has indorsed a claim tor mesne prolits, 73, arrears of rent, or (]ami;Lie.-^ I'oi' bicaeh of contract, uixm a writ lor wiaic ii- such action . 1 „ . I ; 11' . • 1 ■ ^ ■ . . 1 , I » ,, ! ; . claim indursid for mean* the recovery ol !iiii(l, he may entcrjndgment :is in tlie Jat-t ] receding protit.,, etc., plaintiff Hule meiitiViiiil ier the ;;"i 1! ; aiul may ].ioec( d as in ihe other J^^^f"'" J"'' ■'"'"*• liricevliiig liulcs of this Dider as to siiih uiher elaim so indorsed. :-» St^:. 'Z:i In aeiions similar to iho-e assigned to the Chancery Division y thc";i4th se Court of Judicature Act. 1S>' 74. efiiie Iliji'h Court ot .Jusiiee by the ;i4th section of the "Supreme mi'robutc ami other ill I'lohale i.ctiir.s. ... , causes on failure to ap' of the liniierial iarJiamcnt, and pear, jiiaintitr may nic .lUl ■.11 ;:ll oti.cr iKiiei'.s i;(,t bv the l^ules ii: till- Virdoi' oil.e;\vi.-e S|ieei;.:iy pro\'Ur d i\iv. iii e,,.u iiie parly served wuii ilio writ d'ii's not ap/car wiliilii ;iie lime limiud for appcar- uice, upon tiiC liiiiig by ihe plaint! '1" o'" a ['i-oper allidavit of service athdavit ot sorvit^o, and ;.roi,v!'ii as if defendant iiaii rd. tbo actimi mav i;i'0', eed ;vs if such !i:::tv h,;< action S(.e JSotn ul the end of (hcse T!HZ:i.} ip^>ca!'od. [^For Mih ■i! i / V V \4 V % 75. 12 BULES OF OOUBT. ORDER XIV. Leave to Defend where Wkit .specially Indoesed. Rules. -; ■ 1. Where the defendant appears to a \vi'it of summons specially S!lSirMorecd,")Iiain. j^floi'sed, undor Order III., i^ule G, the plaiutift' may, on affidavit, tiff may call on defendant fmade by himsolf or bv auv other person who can swear positively to show cause why he kmr ^i i i ^ *" ' /. '"I- -Sam-* — »,,—.— ,. „ ^.. •• should not sijjn final I 10 tho debt or caiiso or actioiTJverrrying the cause or action, and witffire'sTatdcosta. statiiig that in his heliot therG"^no defence to the action, call on the defendant to show cause before a Judge why the plaintiff should not be/Vtt Uberty to sign final judgment for the amount so indorsed, together witli interest, if any, and costs/ A copy of the affidavit shiiU accompany the summons. The Judge may there- upon, unless the defendant, by affidavit or otherwise, satisfy him that he has a good delonce to the action on the merits, or disclose such facts as may be deemed sulKeient to entitle him to defend, »:iake an order empowering the plaintiff to sign judgment accord- ingly. An affidavit merely stating that there is a good defence to the merits shall not be sutHeient. [See English Mule, 1a.) 76. Such application to b<3 by summons. 77. Course for defendant seeking to defend. 2. The application by the plaintiff for leave to enter final judg- ment under the last preceding Rule shall be made by summons returnable not less than two clear days after service. 3. The defendant may show cause against such application by offering to bring into Court the sum indorsed on the writ, or by affidavit. In such affidavit he shall state whether the defence he alleges goes to the whole or to part only, and if so, to what part, of the plaintiff's claim. And the Jiidire may, if he think fit, order the defendant to attend and be examined upon oath ; or to produce any books or dt)cumcnts or copies of or extracts theiefi'om. 78. 4, If it appear that the dofcnoc set up by the defendant applies '''*it'for'"'''VwhV"''^' °"'-!' ^^ ''' l^'^'^ of the iilaintiti 's claim ; or iLat any part of his claim defence allowed to'the IS admitted to I'c duc ; the plaintlfl' shall have judgment forthwith for such part of his claim as the defence docs not apjijy to or as is admitted to be due, subject to such terms, if any, as to suspending execution, or the payment of the amount levied or any part thereof into Couit ['}■ the shcrifl", the taxatiov of costs, or otherwise, as the Judge may think fit. And the defeutiant may be allowed to defend as to the residue of the plaintiff's claim. residue. 79. due defendant may be permitted to defend 5. If it aj'pcars to the .Judge that any defendant has a good defciKC to or onaht to lie iiciniittcd to defend the action, and that while jud^nicnt allowed {my otli'.r dciciidant jjus not such dctViice and ought not to be against another. ' . i , i i' i i r- i • . -y P ■, r i i permitted to detond, tlie lormer may be permitted to defend, and the plaintiff shall be entitled to enter final judgment against the lattei', and may issue execution njion such judgment without preju- dice to his light lo prttcecd with his action against the former. 80. ''. ]Aavt' to defend may le given unconditionally or subject to tcavu tn defend nuiv lie sjncli Ic'inisas to ij.iviiii'' hCciirity, or otherwise, as the Cour* or a allowed on eonditionn. ,, .i-i'^c, Judge may think nt. /C4;>r'Yf/^^ %^:^/.£:^ii^i^^^ 7 CO ■ <^> Appik 1. In dei III., Eule^ or otliorwis inary quest all directio: made. 2. An ap coding Knl atlidavit fil of his clain time after 1 V^ 1. All pe any relief c ill the alter more of tl Buch relief ment. Bui his costs oc not be fouii costs of the 2. Where person as p nicncod ill a Judg'c nii bona fide n the leal n persons to 1 terms as m a All pc right to an; in tlie alter or inure o[ to their res 1 It sha shall be int every cause may make from being attend any interest. it Rules of Court* 18 ORDER XV. Application for Account where "Writ indorsed under Order III., Rule 8. Rules. 1. In default of appearance to a summons indorsed under Order 81. III., Rule 8, and after appearance, unless the defendant, by affidavit in default of appearance or otherwise, satisfy the Court or a Judge that there is some prelim- '° *"™'°°"'' *'"• inary question to be tried, an order for the account claimed, with all directions now usual in similar cases in Equity shall be forthwith made. 2. An application for such order aa mentioned in the last pre- 82. ceding Rule shall be made by summons, and be supported by an Application by summoM attidavit filed on behalf of the plaintiff, stating concisely the grounds appea'^ce'°/xpired. of his claim to an account. The ap[ilication maybe made at any time after the time for entering an appearance has expired. ORDER XVI. n Parties. Rules. I. All persons may be joined as plaintiffs in whom the right to 83. any relief claimed is alleged to exist, whether jointly, severally, or Persons may be joined in the alternative. And judgment maybe given for such one or "^'*'°*"''''*'''' more of the plaintiffs as may be found to be entitled to relief, or such relief as he or they may be entitled to, without any amend- ment. But the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person or persons who shall not he found entitled to relief, unless the Court in disposing of the costs of the action shall otherwise direct. 2. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been com- nuncod in the iianic of the right plaintifi'or plaintiffs, the Court or a Judge niiiy, if satisfied that it has been so commenced through a bona fide mistake, and that it ilj necessarv for the determination of the real matter in dispute so to do, order any other person or persons to be substituted or added as plaintiff or plaintiffs upon such terms as may seem just. 3 All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative And judgment may bo given against such one or inure dl'the defendants as may be found to be liable, according to their respective liabilities, without any amendment. 4 It shall not be necessary that every defendant to any action shall be interested as to nil the relief thereby prayed for, or as to every cause of action included therein; but the Court or a Judge may make such order as may appear just to prevent any defendant from being embarrassed or put to exjiense oy being required to attend any [U'occedings in such action in which he may have no interest. 84. Court may substitute or add plaintifl for or to plaintiff suing. 85. Persons may be ]oln«d as defendants, liable Jointly, severally, or alternativeiy, 86. Cach defendant need not bo interested in entire r )iief. H^^iu^ I ;U!-I V, •^ 14 Rules of Court. ^' 1;: ? arty to an action may in such case apply by summons to a Jiidu'c tor a statement of the names of the persons wlio ;tie eo-partin'is In any such firm, to be furnislied in such mannei', and verified on oath or otherwise, as the Judge may direct. 10a. Any person cnrrying on bii-;iiies.-« in the name of a firm apjiareutly consisting of more than one person, may be sued in the name of such firm. tlie same severally, aiige and or other- he is en- entioned, 310 (lefen- whicli, if be deter- be sued licli they e parties nisidoi'ed ' a Judge artios to QU of the plaintiffs 3 fore the fond any • Married , sue or )n giving 7 require. interest sued, or )u behalf i^ le next- Ccmrt ! ditHcult or class, , or for ;stion or «', next- quiry or or por- and the persona ented. e as 00- e firms, pr'y ijy persons in such Y direct. a firm in the /^>-y^ ^- 2.:i/ in O f C ^yi-t^ .^.^ . ^ {^ .S2^i^ 7^li^ fu ^"^ti^ ^t^^CcUt .. />rlf/ e. 2. //^-^--r-^^'^'^^"^''^^' RuLKS OF Court. 16 11 Subject to the provisions of tlie Act, and these Rules, the 95^ provisions tia to parties contuiiicd in scL'tion 4:? of 15 & Iti Victoria, 15 and le vict. c. se, chapter ^0, sliall, as far as tliey have been applicable before the ^.JtleUT *" '°"'"" ** passing of the Act, .be iu force as to actions in the Supremo Court. 12. Subject as last aforesaid, in all Probate actions the rules as to 06. parties, heretofore in use in Probate suits, shall continue to be J^'^o^'artie"""''"'*'"** in force. 12a. i^otice of a judgment or order pursuant to the Act 15 and 16 97. Viet., c. 80, s. 4i', on an infant or person of unsound mind not so Notice of order under ,,',.'..; ,11, 1 • 1 • , <• above Act, on infant or found by inquisition shall bo served in tiie same manner as a writ of junatic, to be served sinnmons in an action. ISee Encjiish link Ilk, April, 1880.] '" "" like a writ. IL'b. In any oausefor the administration of the estate of a deceased 98. iierson, no partv to the cause other than the executor or adminis- in administration actions 7 . 1 11 '1 1 1 i ii r 1 1 i'xi 1 i no party thereto, except trator shall, unless l»y leave of the Judge, be entitled to ajipear executor or administra- cither in Court or in Charahers on the claim of any person not a a^IinTSter^veby' party to the cause against the estate of the deccu.sed in respect of '™™°'"'"''Be. eti- any debt or liability. The Judge may direct any other party to the cause to appear, either in addition to or in the place of the executor or administrator, upon such terms as to costs or otherwise as he shall think fit. [^'ec Enfilish Hale 12ii, April, 1880.] 13. Xo action shall be defeated hy reason of the misjoinder of 99. parties, and the Court may in every action deal with the matter in Action not to fan by 1 , ' ,, 1 xi • li 1 • J. i £• J.1 i- reason of misjoinder. controversy so far as regards the rights and mtere^s of the parties actually before it. - V "♦ (rt.) The Court or a Judge may, at any stage ^of the proceed- court may dismiss or ings, either upon or without the application of either party, and »'^^'"««- on such terms as mi oi'der that the name plaintiffs or as defendants, improperly joined, be struck out; and- a .. ^; that the name or names of any party or parties, whether plaintiffs /^^'''*/I, . ' Ka* or dt'fendants, wh<) ou ght^to have been joined, or wliosft presei'ice (i\'^\^ 'y%^^'^\J^ licloie the Court ma_y^R''nR'ci'!«tfr;y~tn' oriTer to enable the Court H \A^^\J(l*^ etfoctually and completely to adjudicate upon and settle all the fi?"'>"• summaiT manner. !■ . Whei'o a defeiulant is added, unless otherwise ordered by the \0\, Court or a Judge, the plaiiitifl shall file an amended cojiy of and where defendant added, sue out a writ of sunuiioiis, and serve such new defendant with such ?'»'""" '° ""='"*• writ or notice in lieu of serviee thoroot in the same manner as original defendants are served. %lf Id RuLKs oi' Court. 102. Where stfttoiiicnt of claim delivered before defendant added, it shall bo amended, ete. //■ (/pari tf/l' 16. If a statement of claim has been delivered previously to such defendant boinU^^»*^'2=^^^-^''=^^ • .'a ^fi^^^'^^ ^^^^ ;lT rules | '"*^^' ?m?y(i/S^. /24/^i^J^^i2^- /^^ )tlierwise (! limitod H I',': ;;C^ 1)0 in the oh vaiiii- )e served }mcnt of ar to the I ^j C^ question " * ''^ ]>laiiitiff and any •urt or a ng such 1 by the r as may postpone -^ntioned m in the lias been ht days he sliall agjainst 'ruvidcd the s^iid leave to any, as ie Rules ice may m m 9 1 i 1 Rvi.Es OF Court. IT apply to the Court or a Jurljrfefor directioiiHnsto the mode of having giving nouo* in»v tppty the question in the action (loterminerl; iiiid tlie Court or a Judco, h;iftri,"f["oM"rrto maua upon the hearing of siicli application, nuiy, if it slnill appear desirable onur accordingly. 80 to do, give the person so served liberty to defend the action upon Huch terms as shall seem just, and may direct such pleadings to be delivered or such amendments in any pleadings to be made, and generally may direct such proceedings to be taken, and give such directions as to the Court or Judge shall appear proper for having the question most conveniently determined, and as to the mode ana extent in or to which the person so served shall be bound or made liable by the decision of the question. ORDER XVII. 108. I'laintlff may Join Mvenl causeii of action, Court may order separation ■ Id. Joinder op Causes of Action. Rules. 1. Subject to the following Rules, the plaintift' may unite in the same action and in the same statement of claim several causes of action, but if it appear to the Court or a Judge that any such causes of action cannot be conveniently tried or disposed of together, the «hero wantei Court or Judge may order separate trials of any of such causes of action to be had, or jr.?.y make such other order as may be necessary or expedient for the separate disposal thereof. 2. No cause of action shall, unless by leave of the Court or a 109. Judge, be joined with an action for the recovery of land, except oiiv certain claims to be claims in respect of mesne profits or arrears oi rent in respect of the cme'i^ ofund!'""'"''*' premises claimed, or any part thereof, and damages ior breach of any contract under which the same or any part thereof are held. 3. Claims by a trustee in bankruptcy, or assignee in insolvency, no. as such shall not, unle^is by leave of the Court or a Judge, be joined claims by trustee in with any claim by him in any other capaicity. joined"*' ''^ °*'° 4. Claims by or against husband and wife may be joined with claims by or against eithei oi them separately. HI. Claims by or agaiiut husband or wife. 6. Claims by or against an executor or administrator as such, may 112. be joined with claims by or against him persobally, provided the [".'J'^J'' ^y„°' ****"'' last-mentioned claims are alleged to arise with refererse to the estate in respect of which the plaintiff or defendant sues, r is sued, as executor or administrator. 6. Claims by plaintiffs jointly may be joined with claims by them •s* or any of them separately against the same defendant 7. The last-three preceding rules shall be subject to Rule 1 this Order, and to the rules herein-after contained. of 113. Joint or several claims of Slaintiffs against same ef endants may be Joined 114. Subject to Rule 1, etc. 8. Any defendant alleging that the plaintiff has united in the jj5_ same action several causes of action which cannot be conveniently Defendant may apply to disposed of in one action, may at any tim .pply to the Court or a ^onon^ action. Judge for an order confining the action to such of the causes of action as may be conveniently disposed of in one proceeding. 9. If, on the hearing of such application as in the last preceding ilQ, rule mentioned, it shall appear to the Court or a Judge that the court on hearing appu- 3 cation may exclude lome I' * i, I fe " It KuLKs OP Court. iutdord*r*m*n(i- causes of nction are suoh IIS caiiiiot nil be conveniontly diflposed of *•"*• in Olio action, tlio Court or ii .lii /l*'r/7y£iiouncQ a final judgment in the same action, both on the original and t ji/eif I ' ^"^ th® (iXo%'6 claim. But the Court or a Judge may, on the appli- PlainiiS to deliver stfttC' ment Oi reply; '' to those in '41 Rules op Court. If ention of tho plaintiff before trial, if in the opinion of the Court or court m»y r«M«« p«r- Jiidgo such Kot-ofl'or couiitor-L'liiini camiot ho convoniontly disposed "v'ri'Zn°e?f"oMt*"' *" nf in tlio pending iiotioii, or oMyhl udt to ho allowed, refuse por- mission to tho defendant to avail hirnst'lf thereof. 4 Every pleadinfj nhall contain as concisely as may be a state- '■ ^[.('^i/\^a.{^< WWt of the matoriiu fads on which the party pleading relies, but p'**'''"*" '<> 'i**«« '''c'^^ • - yfo'tJhe evidence by which they are to bo proved, hucIi statement materiiufa"t'»!°"'° t?,-/*^'' ^\voras. hignatnro oi counsel sliall not l)0 noceHsary i;/' to those in Appendix (C), Nos. 30 to 47 Inclusive, may K Y 5. Every pleading may bo either printed or written, or partly )iv''(l^'inted and partly written. .rms similar^-^:^, ^ - ^ "/'^ housed. <:^.^y^./r^ 122. ;if PlMdinnii maybe priottd or written. ; G. Every pleading or other document required to be delivered to 123. a party, or between partios, ahull bo delivered in the manner now How document* to b« in use to tho solicitor of every partv who appears by a solicitor, or ° "' ' to tho party if he does not appear by a solicitor, but if no appear- ance has boon entered for any party, then such pleading or docu- ment Hhall be delivered by being filed with tl, Registrar. 7. Evnry pleading in an action shall be delivered between parties, i24. and shidl be marked on tlio tlu^e with tho date ot the day on which Pioadinge to be delivered it is (TelTvored, and with the title of tho action, the description of ""'"""''"''■ tho pleading, and the name and place of business of the solicitor and agent, if any, delivering tho same, or tho name and address of the party delivering tho same if he does not act by a solicitor. 8. Every statement of claim shall state specifically the relief 125. which the plaintifi' claims, either simply or in the alternative, and statement of ciaim and may also ask for general relief. And the same rule shall apply to »' «°""»«'«''^™- any counter-claim made, or relief claimed by tho defendant, in his statement of defence. If the plaintiff's claim be for discovery only, the statement of claim shall show it. 9. Where the plaintiff seeks relief in respect of several distinct 126. claims or causes of complaint founded upon separate and distinct Distinct ciaimt'tob* facts, they shall be stated, as far as may be, separately and distinctly, sim'raj to'ueVenco. And the same rule shall apply where tho defendant relies upon several distinct grounds of defence, set-off, or counter claim founded upon separate and distinct facts. 10. Where any defendant seeks to rely upon any facts as support- 127. ing a right of set-off or counter-claim, he shall, in his statement of when> ♦endantreiieg defence, state specifically that he does so by way of set-off or set'^'or'couSE'r'Safro counter-claim. hemu.t.tauio. . 11. If either party wishes to deny the v\"\\i of any other party to jgs. claim as executor, or as trustee whether in bankruptcy or otherwise, party wishing to deny or in any representative or other alleged capacity, or the alleged 'ulm w'ex'erator Vta constitution of any partnership firm, he shall deny the same specifi- shaiidenyitapecifaSiy. cally. 12. In Probate actions where the plaintiff disputes the interest of 129. the defendant, he shall allege in his statement of claim that he in probate if piaintm denies the defendant's interest. hr^TA^!'"*''^ C'J tc it: I 0:: r o 20 Rules of Court. 180. pi6» in abatement 13. No plea or defence shall be pleaded in abatement. abolished. '^ ' 131. 14. No new assignment shall horeaftei- be necessary or used. But S^'BunStemon't'of'' everything whicli has heretofore been alleged by way of new assign- oiiUmtobeameiiiied. ment may hereafter be introduced by amendment of the statement of claim. 132. Defendant In i)0sses9ian tn an action for recovery of land. 133. Not guilty by statute retained. If pleaded, no other plea to De pleaded, but by leave. 134. AUe^tion of fact not denied admitteil, ex' ept where party under uls- ability. 16. No defendant in an r.ction for the recovery of land who is in possession by Jiimself or his tenant need plead his title, unless his defence depends on an equ'table estate or right or he cUiims relief upon any equitable ground agiinst any right or title asserted by the plaintitt. But, except in the cases herein-bcfore mentioned, it shall be sufficient to state by way of defence that he is so m possession. And he may nevertheless rely upon any ground of defence which hb can prove, except as herein-before mentioned. 16. Nothing in these rules coiitaiiicd shall affect the right of any defendant to plead not guilty by statute. And evcM-y defence of not guilty by statute shall have the s^ame effect as a plea of not guilty by statute has heretofoi'e had. But it the defendant so plead he shall not plead any other defence without the leave of the Court or a Judge. 17. Every allegatibn of fact in luiy pleading in an action, not being a petition or summons, if not denied specifically( or by necessary implic.u'.uii, or stated to be not admit t ed in the pleadin g ^f the opposite party, sh all be taken to ho admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition. <===—— 135. Each party to allege all 18. Each party in any pleading, not being a petition or summons, . . must allege all such facts not appearing in the previous pleadings ingi)n wWchTio ffinfa as he meaus to rely on, and must raise all such grounds of defence *°"'-^- or reply, as the case may bo, as if not raised on the pleadings would be likely to take the opposite i)arty by surprise, or would raise new issues of fact not arising out ot the pleadiiiu's, as for instance, fraud, or that any claim has been barred by the IStatute of Limitations or has been released. 136. 19. No pleading, not being a petition or summons, shall, except ta<*?^BiBttcia'imsor"° ^J ^^^7 ^^ amendment, raise any new ground ot claim or contain •negations. any allegation of fact inconsistent with the previous pleadings of the party pleading the same. 137. General denials not siufflcient. 138. Joinder of issue, 20. It shall not be sufficient for a defendant in his defence to deny generally the facts alleged l)y the statement of claim, or for a plaintiff" in his reply to deny generally the facts alleged in a defence by way of countor-claim, but each party must deay specifically with each allegation of fact of which he does not admit the truth., 21. Subject to the last preceding rule, the plaintiff by his reply may join issue'^ttpon .the defence, and each party in his pleading, if any, subsequent to reply, may join issue upon the previous pleading. Such joinder of issue shall u[)ei'ate as a denial of every material allegation of fact in the pleading i^)o n ^^: , l^'-'■h '^sue is joino^ hut it may except any facts which the pairpmay lie wi 11 ufg to admit, and shall then operate us a denial of the facts not so admitted. dt^^^ ff ■tc: o ^jy, -.^**-/>^-^^7'^'^ /.^^X'<^-^ /jz^A-:^*^/^ J8 ''M^^ ^^, /^oe^i^k^U^ •'^ <*^^*^ ^<^«w. t:jrni>^ii-^^-^i^^^/-' -^J^^J-fr^ •^' . Wherever it is material to allege malice, fraudulent intention, 142. knowledge, or other condition of the mind of any person, it shall be when material to aver ,,, . ° ,1 ,, r . -It , •'■ 1 . malice, etc., Bufflcient to 8uffi<'ient to allege the same as a lact witiiout settmg out the circum- aver it generally, stances from which the same is to be inferred. 20. Wherever it is material to allege notice to any person of any fact, matter, or thing, it shall be sufficient to allege such notice as a tact, unless the form or the precise terms of such notice be material. 27. Wherever any contract or any relation between any persons docs not arise from an express agreement, but is to be implied from a series of letters and conversations, or otherwise from a number of circumstances, it Khali be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations, or circumstances without setting tliem out in detail. And if in such case the person so pleading desires to rely in the altei'uative upon more contracts or relations than one as to be implied from such circumstances, he may stale the same in the alternative. '2H. Xcither party need in any pleading allege any matter of fact which the law ju'csumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied. [E. fj. — ronsideration for a bill of exchange where the plaintift" sues only on the bill, and not for the consideration as a substantive grouud of claim.] 143. , When material to aver notice, sutncicnt to aver it generally, unless the fonii be material. 144. WTiere relation between parties arises from eeriea of letters, etc. 145. No allegation required of matter presumed in law unless first denied. ORDER XX. I'leawng Matti;ks auisino penuinu thk Action. ]\ULE,S. 1. Any ground ol dcleine wliicii hat; arisen after aciion brought, 146. but hflo'rcti.e dereiulaiit lias tielivercd his s-tatement of defence, cionndofiicfincenrisinK , , ,, , . r • 1 i 1 • 1 • 1 -1 1 afUr ai tiori lirought but and heioie the time liiniled itir iiis duing k^ lias e.xpived. may he Mv.nMioiiveryofdofencfl jjleadcd by the delendaut iu his statement of defence, either alone "'"J i'" i''''^'*'"'' -'■ ,'V""V.-:;w«- «;',7 .1 ■ ii i i 22 Rules of Court. U-^c A'f 148. Where defendant 'ihows defence arisen since action brought, plaintifl may confess and claim ooate. hefence to set-on or 01' together With othcf grouiifls of defence. And if, after a statement X^'dcu'vin-'theroof of defciicc has beci) delivered, any ground of defence arises to any may be pleaded in reply, set-oft' OP countei'-claiin alleged thcroiu by the defendant, it may be pleaded by the plaintiff in iiis reply, either alone or together with any other ground of reply. 147. 2. Where any groujid of defence arises after the defendant has Eight days allowed for delivered a Statement of defence, or after the time limited for his delivery of further , . , ■ i i i ,. i i i i i. defence or reply after doiug 80 has expired, the defendant may, and where any ground of repiyThere new*de1e°fce defence to any set-off or counter-claim arises after reply, or after wuntir"ciaimtM"at°sen. *^^ *'™® limited for delivering a reply has expired, the plaintiff may, within eight days after such ground of defence ha s arisen. and by leave of the Court or a Judge, deliver aTfurther cHefence or further reply, as the case may be, setting forth the same. 3. Whenever any defendant, in his statement of defence, or in any further statement of dcfenco us in the last rule mentioned, alleges any ground of defence which has arisen after the commence- ment of the action, the plaintiff may deliver a confession of such defence, which confession may be in the Form No. 16 hereto, with such variations as circumstances may require, and he may thereupon sign judgment for his costs up to the time of the pleading of such defence unless the Court or a Judge shall, either before or after the delivery of such confession, otherwise order. ORDER XXI. Statement op Claim. Rules. 1. Subject to Rules 2 and 3 of this Older, the delivery of state- ments of claim shall bo regulated as follows: — (a.) If the defendant shall not state that he does not require the delivery of a statement of claim, the plaintiff hliall, unless otherwise ordered by the Court or a Judge, doliver it within six weeks from the time of the defendant's entering his appearance. (I).) The plaintiff may, if he think fit, nt any time after the issue of the writ of summons, deliver a statemeirt of claim, with the writ of summons or notice in lieu of writ of summons, or at any time afterwards, either before or after apiiearance, and although the defendant may have appeared and stated that he does not require the delivery of a statement of (ilaim: Provided that in no case where a defendant has appeared shall a statement be delivered more than six weeks after the appearance has Ijecn entered unless otherwise ordered by the Court or a Judge. (c.) Where a plaiiitiif delivers a statement of claim without being required to do so, tiic Court or a Judge may midce such ( rder as to the costs occasioned thereby as shall seem just, if it appeiiii that the •delivery of a statement of claim was unnecessary or iniproic'. 2. Ill Prol)ate actions the ])laiiilitf shall, unless otherwise ordLM'cd by the Court or a .luiluo, dchvoi' liis stalcmoiit of rhiiiu williin six weeks from the (sntry of appcaraiii;e liy the (lelcndaut, or iVom the time limited for his appearance, in case he Ims made default; but where the del'endant has uppeareti, tlie plaintili' hhall not be com- 149. Delivery of statements of claim regulated. If defendant do not state that he requires state- ment of claim, when plaintifl may deliver it. Plaintiff may at any time after issue of writ deliver statement with writ or notice in lieu of writ, but not after six weeks from appearance unless by leave. Plaintiff delivering state- ment wMthout being re- quired, may bo ordered to pay the costs. 150. In Probate, time for plaintiff to deliver' state- ment. polled to defendant 3. Who] not dispens plaintitt to that his cli writ, unles further st hereto, an is requirec when the it shall be directed, a scribed by 1. Wher shall deliv( statement ( ever shall 1 Judge. 2. A def( does not re a statement time withi extended Iv 3. AVher Order 11, I time as sha or if no tin: order. 4. AVher allegations have Ijeen just with r( denied or ii r.. AVher which raise any other j a further ti I'orlh the n; to lie enfon action, and to the aeti deliver it t( _ 0. Wher •tioned is nc Rules of Court. 28 !5' it pelled to deliver it until the expiration of eight days after the defendant has filed his affidavit as to scripts. [^See Form No, 29.] 3. Where the writ is specially indorsed, and the defendant has 161. not dispensed with a statement of claim, it shall be sufficient for the do^/piafn^dSim iilaintitt to deliver as his statement of claim a notice to the efl'ect »s»tatement of oiaim* I," 1 .,...,. 1 • 1 1 ii • 1 i ii notice stating that oUlm that his claim is that which appears by the indorsement upon the is indorsed on writ writ, unless the Court or a Judge shall order him to deliver a further statement. Such notice may be in the Form No. 17 hereto, and sliall be marked on the face in the same manner as is required in the case of an ordinary statement of claim. And when the plaintift' is ordered to deliver such further statement it shall be delivered within such time as by such order shall be directed, and if no time be so limited then within the time pre- scribed by Rule 1 of this Order. \_EagUsh M. 4.] ORDER XXII. Defence. Rules. \i 1. Where a statement of claim is delivered to a defendant he shall deliver his defence within eight days from the delivery of the statement of claim, or from the time limited for appearance, which- ever shall be last, unless such time is extended by the Court or a Judge. 2. A defendant who has appeared in an action and stated that he does not require the delivery of a statement of claim, and to whom a statement of t;]iiim is not (lelivered, may deliver a defence at any time within eight days after his appearance, unless such time is extended by the Court or a Judge. 3. Where leave has been given to a defendant to defend under Order 11, Rule 1, he shall deliver his defence, if any, within such time as shall l)e limited by the order giving him leave to defend, or if no time is thereby limited, then within eight days after the order. 152. Time (or deteiidknt to deliver atatemeat o{ defence. 153. Time wlicn defendant not roquirinif nor receiving statement of claim, may deliver defence. 154. Where defendant haa leave to defend, to dellvtr defence within eight days after order. tacts 4. AVhere the Court or a Judge shall be of opinion that any 155. allegations of f'let denied or not admitted by the defence ought to ^,''h™to°have''b"''n liavo been admitted, the Court inav make such order as shall be mitted which are not, it just with respect to any extra costs occasioned by their having been '"»><"-''«'^«»t«o'P' • ^ i^i^xi i- other party may amiiy aforesaid as party to such counter-claim contends that the claim before reply to exclude ii,,,^^!,^^. j.^^jge^ ^^^^it uot to be disposed of by Way of counter-claim, but in au independent action, he may at any time before reply, apply to the Court or a -Judge for an order that such counter-claim may be excluded, and the Court or a Judge may, on the hearing of such application, make such order as shall be just. 161. 10. Where in any action a set-off or counter-claim is established da^S[*ertL"biished°court ^^ ^ dcfeiicc agaiiist the plaintift^'s claim, the Court may, if the balance is in favour of the defendant, give judgment for the defend- ant for such balance, or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case. 11. In Probate actions the party opposing a will may, with his defence, give notice to the party setting up the will that he merely insists upon the will being proved in solemn form of law, and only intends to cross-examine the witnesses produced in support of the will, and he shall thereupon bo at liberty to do so, and shall be subject to the same liabilities in respect of costs as he would have been under similar circumstances according to the practice of the Court in Probate suits before the passing of the Act. claim established, Court may (five judjpiient against plaintiflf for balance. 162. In Probate oi party may give notice that he only insists on proof in solemn form. ORDER XXIII. '■ :tfc ir 163. plaintiff nuiv, before reply, discontinue by notice, in whole or in part, and pay costs as to part discontinued. DiSCONTINUANCB. Rules. 1. The plaintiff' may, at any time before receipt of the defendant's statement of defence, or after the receipt (hereof before taking any other proceeding in the action (save any interlocutory application), by notice in writing, wholly discontinue his action or withdraw any part or parts of his alleged cause of complaint, and thereupon he shall pay the defendant s costs of the action, or, if the action be not wholly discontinued, the defendant's costs occasioned by the matter so withdrawn. (rt.) Such costs shall be taxed, and such discontinuance or with- drawal, as the case may be, shall not be a del'ence to any subsequent action. (6.) Save as in this Rule othervxise provided, it shall not he uecord or discontimie^^ couipetent lor thc iilaiutifl" to withdraw the Record or discoid Save ns prov iiled, plain- tiff t\iniiot witlidraw but Court may ou t ir Rules of Court. ^6 tiiiue the action without leave of the Court or a Judge, but the onicr iiiscontinuance, Court or a Judge may, before, or at, or alter the hearing or trial, *'"■ upon such terms as to costs, and as to any other action, and otlier- wise as may seem fit, order the action to be discontinued, or any part of the alleged cause ot complaint to be struck out. {c.) The Court or a Judge may, in like manner, and with the like SidZt'(S^n"t,w'ith- discretion as to terms, upon the aiwlication of a defendant, order out leavo, withdraw or ,, I I i i>i • 11 1 ^ p 1 f J. cancel any part of deion- the whole or any part ot his alleged grounds ot defence or counter- danfs grounds of de- claim to be withdrawn or struck out, but it shall not be competent '°"""'' to a defendant to withdraw his defence, or any part thereof, without such leave. 2. When a cause has been entered for trial, it may be withdrawn 164. by either plaintiff or defendant, upon producing to the proper officer ^^^J'^y ^*7trii^™*" a consent in writing, signed by the parties. 2a. a defendant may sign judgment for the costs of an action if 165. it is wholly discontinued, or for the costs occasioned by the matter J['],^j,f/^"en''",o"'^^,t« withdrawn, if the action be not wholly discontinued. "^" " '^'°" """ |l 1 '^ ORDER XXIV. Reply and subsequent Pleading.^. Rules. 1. A plaintiff shall deliver his reply, if any, within three weeks 166. after the defence or the last of the defences shall have been "?£'?; fv''^ '^""If*?^^ ,,. , . 1,, • 1111/-, T 1 within three weeks from delivered, unless the time snail be extended by the Court or a Judge, defence. 2. No pleading subsequent to reply other than a joinder of issue 167. shall be pleaded without leave of the Couit or a Judge, and then no subsequent pleading 1 i ii /^-i / T 1 1 11 .1 • 1 j'i ° without leave savejoin- upon such terms as the Court or Judge sliall think fit. der of issue. 3. Subject to the last preceding Rule, every pleading subsequent 168. to reply shall be delivered within four days after the delivery of the ^''^deuvered wito'fo'r previous pleading, unless the time shall be extended by the Court daj/froiTpreVious or a Judge. '"«"*^"''- IUj ORDER XXV. Close of Pleadings. As soon as either party has joined issue upon any pleading of the 169. opposite party simi)ly without adding any further or other pleading on joinder ot issue with- thereto, the pleadings as between such parties shall be deemed to iSgs "lose! "*• •* ** ' be closed. ORDER XXVI. Issues. AVhere in any action it ap[»cur.s to a Judge that the statement of ^70. claim or delcnce or rt'ply docs not sulliciciitly define the issues of wiieie picadiuKs do not fact in dispute bctwx-u the ]iartics, he may direct the parties to ™'"^'™">' ''«""'' "^"**- ]iropare i.-^.'^ncs, and such is.sues shall, if the jmrtics ditfei", bo settled by the J udge. 1 I I! 1. i 1 ;; f ;.-;■;!' m m ill II I! 171. Court may nt any stage allow amendments or may order Improper matter to be expunged. V 172 Time when plaintllT may without leave amend statement of claim. 173. Time when defendant having pleaded xct-olT or counter-claim may without leave amend. 174. After amendment, time when oppoaito party m ly apply to disallow it. 175. After aii'enilnicnt other imrty may apply for leave to plead or amend. 176. In other ca>;o» any party may apply fur li;u e to amcnil any plf adini^-. 177. Party havinfjr leave tn amend luit amending within time allnwed nr within 14 days from 'cue, leave fail-. 178. Amundments, Low to I.e made. 26 BuLES OF Court. ORDER XXVII. Amendment op Pleadings. Rules. 1. The Court or a Judge may, at any stage of the proceedings, allow either party to alter hiw statement of claim or defence or reply, or may order to be struck out or amended any matter in such statements respectively which may he scandalous, or which may tend to prejujlicc, embarrass, or delay the fair_trial of the action, and all sucli amendments shall be made as maj be ne.'nssary for^he purpo.se of determiiiiijg the real questions or question in controversy between the parties. ■ 2. The plaintiff may, without any leave, amend his statement of claiiia once at any time before tho expiration of the time limited for reply, and before replying, or, where no defence is delivered, at any time before the expiration of tour weeks from the appearance of the defendant who shall have last appeared. 3. A detend.iTit who has sot up In his defence any set-oft' or counter-claim niay, without any leave, amend such set-oft'or counter- claim at any time before the exjiiration of the time allowed him for pleading to the reply, and before pleading thereto, or in case there be no reply, thcu at any time before the expiration of twenty-eight days from the filing of his defence. 4. Where any party has amended hi.s pleading under either of the last two preceding Rules, the opposite party may, within eight days after the deUvery to him of the amended pleading, apply to the Court or a Judge to disalloAV the amendment, or any [lart thereof, and the Court or Judge may, it satisfied that the justice of the case requires it, disallow the same, or allow it subject to such terms as to costs or otherwise as may seem just. 5. Whore a' y party has amendel his ]ileadiiig under Rule 2 or 3 of this Order, the other party may apply to the Court or a Judge for leave to plead or amend his former pleading wi'hin such time and upon such terms as may seem just. 0. In all cases not provided ft\' by the prcco ling Rules of thi.: Order, applitjation for leave to amend any ph'at.Ing may he luade by cither party to the Couri or a .iu(lg(! in ChamLcrs, or to tlie Jiulge at the tr'al of the action, aiul such aniciKlnicn+ may be allowed upon such terms as to costs or otlicrwi.«c as may seem just. 7. If a party wlxo has obtained ar order for leave to amc'^l a ]ileadiiig delivered by him does not amoiid the same wivhiii the vime limited for that purpose by the order, or if no time is tlicrcl)y limited, then ivit'.'ii fourteen th^ys from l!ie date o^" the order, such oi'der t(j amend shall, on the exp: ration of suchi limited tinic as albresaid, or of sueh fomtec!'. days, a .lie ease may be, lieeome ipso facto void, unless the time is extended by the Court or a Judge. c, A pleading may ha amended by written altoiatloiis in the pleading which has l)eeu delivered, and hy addllicn.-' on pnj.er to he iiiterleiived therewith if neeessaiy, unless the amei'.'lments re((iiirc the insertion of more than 200 words in any ono place., or are fo >->r-). '■ ; I ^. Ettt,b9 of Coukt. 2lr numerous or of hucIi a nature that the making tliem would render tl'C pleading dilHcult or ini'oiivcnicnt to road, in oitlier of wliich cases the amendment must be made l)y delivering u iVesli copy of tlio pleading as amended. 9. Whenever any pleading is amended, hucIi pleading when 179, amended .shall be marked witli the tlate of the order, if any, under Amumiwi pieadinu toi>e which the same is .so amended, and of the day on which such amend- ment is made, iu manner following, viz.: ''Amended day of 10. "Whenever u pleading is amended, such amended pleading 180. shall be delivered to the opposite party within the time allowed for J^beVeUvered' p'"**""* amending the same. 11. The Court, or a Judge, may, at any stage of the proceedings, \%\, allow the iilaintitfto amend the writ of summons in such manner, rower"' eourt or Judge , ', . . , to allow ciiiivimincnt of and ou such terms, as may seem just. writ or summons. ORDER XXVIII. 4» Demurrer. m ill ■si such time 'ins in the Rules. 1. Any party may demur to any pleading of the opposite party, or to any part of a pleading setting up a distinct cause of action, round of defence, set-off, counter-claim, reply, or as the case may )o, on the ground that the facts alleged therein do not show any cau.se of action, or ground of defence to a claim or any part thereof, or set-ofK or counter-claim, or reply, or as the case may be, to which elfoct can be given by the Court as against the party demurring. 2. A demurrer shall state specilically whether it is to the whole or to a part, and if so, to what pai t, of the pleading of the opposite party. It shall state some ground in law for the denuirrcr, hut the jiarty deniiirriiig shall not, on the argument of the demurrer, bo iiniited to the grouiid'so stated. A demunvr may be in the Form iS'o. 48 hereto. If there is no ground, or only a irivolous ground of demurrer staled, the Court or Judge may set aside such de- murrer, with costs. 3. A demurrer shall be delivered in the same manner and withiu the same time as any other pleading in the action. 4. A defendant desiring to denuir to part of a statement of claim, and to put in a defence to the other jiait, shall combine such de- murrer and defence in one jileading. I And so iu every case where a [larty iiititled to put in a further pleading desires to demur to part oi' the la.st ]ilea(ling of the opposite party, he shall combine such demurrer and other ])leading. , 5. If the party demnrring desires to bo at liberty to plead as well as to leinur to the matter (Icmuired to, he niay, before demuriiiig» iijiply to the Court oi- ;i Judge for an order giving him kavo to do :•!) : and the Court ^i' -Indg", if satislicd tlnit there is reasonable ground tor the (h ■.luirer, may make ;in older aeeordingly, or may ii'-erve !eavc' to ii'ni i) \A<-m\ ;ftei' Hie (leniiiri'er is overruled, or may make such oilier order and upon such terms as may be just. 182. Any party may demur to any plu:iilingof the other side, or to any Sarty setting up a istinct ease. 183. Dcnuirrer to nt.itp whether to whole or part of opposite plead. ill!,'. Kii\iIou9 demurrer set aside with costs. 184. Denmirur to be delivered as other ple.idhig. 185. Demurrer anil defence to one pleading to be combined. 186. Party dewiiing to plead and demur to same matter to .iiiply for luave. ': ;> V- O 98 Rules of Court. IQtj 6. "When a demurrer cither to the whole or part of a ])lea(liiij? is When demurrer .icuvorod delivered, oithcr jiiirty iiiay cuter the (IcrmuTor for iir(;fumeiit immc- t^"vmn^>thnmMatl*'- diatelj, aiid the |iarty ho entorincj such deinurrer shall on the same day give notice thereof to the otlur party. If the demurrer shali not Dq_cntered and notice thereof given within ten days after deliver)^ amTif the party whoso pleading is demurred to dooa not within such time serve an order for leave to amendjtho demurrer shall, bo hold sutiicient for the same purposes and with the same ' on argument. 41* [ isd. 7. While a demurrer to the whole or any part of a pleading is not be amended, unless by order of the ji,^ , ....^ ..^ such order shall he made except on pay- ment of the costs of the demurrer. r arKUineiit ly, and (five notice. If not entered within ton dayg, etc. *-~rrr- , / / Shall bo held sutiicient tor the same pu /U nuur'^at' ' tf resu'ft as^to cos'fs as if it had been allowed 4 V 1u^* loo- 7. While a demurrer to t K\Xi ^f^ZtZ:S:^^ni. ponding, s^i-V pleading shall .0,/v ing demurrer without Court or a Judge ; and uo su 189. On demurrer allowed, party demurred to to pay coats of demurrer. 8. Where a demurrer to the whole or part of any pleading is allowed upon argument, the party whose pleading is demurred to shall, unless the Court otherwise order, pay to the demurring party the costs of the demurrer. ISO, delivei 9. If a demurrer to the whole of a statement of claim be allowed, the plaintifi", subject to the power of the Court to allow the state- ment of claim to be amended, shall pay to the demurring defendant the costs of the action, unless the Court shall otherwise order. 10. Where a demurrer to any pleading or part of a pleading is allowed in any case not falling within the last preceding Rule, tSca (subject to the power of the Court to allow an amendment)* the matter demurred to shall as between the parties to the demurrer ho deemed to be struck out of the pleadings, and the rights of the parties shall be the same as if it had not been pleaded. 11. Where a demurrer is overruled, the demurring party shall pay to the opposite party the costs occasioned by the demurrer, UP loss the Court shall otherwise direct. 12. Where a demurrer is overruled, the Court may make such order and upon such terms as to the Court shall seem right for allowing the demurring party to raise by pleading any case he may be desirous to set up in opposition to the matter demurred to. 194. ^^' -^ demurrer shall oe entered for argument by delivering to Kom. of onterinK demur- the propor officer a memorandum of entry in the Form No. 49. rer (or nri^umont. 190. On demurrer to whole statement of claim al- lowed, plaintifT to pav to defendant demurring whole costs of action. 191. Where demurrer allowed, the part of plcadinii; de- murred to to bo deemed struck out as betweun parties to demurrer. 192. As to costs where de- murrer overruled. 193. Court may order demur- ring party to raise by pleailint' cose a|,'ain»t matter demurred to. are several ( 195. ]f plaintiff bounil to lv N) dismi?-w with coat-i t;>r want nf jircse- ciitiun. ORDER XXIX. Default of Pleading. Rules. 1. If the plaintifi", being bound'to deliver a statement of claim, does not deliver the same within the time allowed lor that purjiose, the defendant may, at the expiration of that time, apjdy to the Court or a .liulge to "ih judgment against the defendant so making default, and issue execu- cutioiri^k^nitdefau: 4. If the plaintiffs claim be for detention of goods and pecuniary damages, or either of them, and the defendant makes default as mentioned in Hulo '2 of this Order, the plaintiff may enter an interlo- cutory jndgnicnt against the defendant, and the value of the goods, and the damages, or the damages only, as the case may he, shall, without a writ of inquiry being issued, be assosHod before a Judge (with or without a jury) in manner provided for the trial of questions in any action, wherein the parties liad pleaded to issue, or brought the pleadings to a close. 5. When in any such action as in the last Rule mentioned there are several defendants, if one of them make default as mentioned ill Hulo 2 of this Order, the plaintiff may enter an interlocutory judgment agfiinst the defendant so making defiault, and proceed with his action against the otliers. And in such case damages against the detendant making default shall be assessed at the same time with the trial of the action or issues therein against the other defen- dants, unless the Court or a Judge shall otherwise direct. 198. If claim lin for detention of Koods or damages, and dcfendnnt make default, iiluintifT may untcr Inter- locutory judgment, etc. 199. Where more than one defendant in iiuch action, and one of them In de- fault, plaintif/ may enter interlocutory judgment against defaulter, and proceed against others, etc. 200. Where claim \» for llqul- dateil demand and deten- tion of goods or (tankages, [ilainttlT may enter final dgmcnt and also inter* 6. If the plaintif! 'a claim be for a debt or liquidated demand, and also for detention of goods and pecuniary damages, or pecuniary (liimuges only, and the defendant makes default as mentioned in Rule 2 of this Order, tlio plaintiff may enter final jutlgment for the debt or liquidated demand, and also enter interlocutory judgment ''^"''<""y for the value of the goods and the damages, or the damages only, as the case may be, and proceed as mentioned in Rule 4 of this Order. 7. In an action for the recovery of land, if the defendant makes 2OI. default as mentioned in Rule 2 of this Order, the plaintiff may enter in action for recovery a judgment that the person whoso title is asserted in the writ of °"*"'*' summons shall recover possession of the land, with his costs. 8. Where the plaintifi" has endorsed a claim for mesne profits, 202. lu'iearr of rent, or damages for breach of contract upon a writ for where piaintift has in- tlie recovery of land, if the defendant makes default as mentioned profit'), "etc. in Rule 2 of this Order, oi-, if there be more than one defendant, some or one of tlie defendants make such default, the plaintiff may enter judgment against tlie defaulting defendant or defendants and proceed as mentioned in Rules 4 and 5 of this Order. U. In Probate actions, if any defendant make default in filing and 203. delivering a defence or demurrer, the action may proceed, notwith- in Probate action, wde- standing such default. SS^,^"ee1r."'"*'''^"°" C'J tic ^ g in M Rules of OoirsT. I 204. ^^' ^" "^- 0*1'^'' nctioiifl tlinii those in tlio preccdincr HuIob of t1)is In »ii other ii.tioiiK, If Order niciitioiiod, if flic (lofciidnnt niukos dofimlt in dollvpring a llIu'l^tlrt'\UV^utduwn «U'ti!tice OP doiniiiTer, tlic phiinlilf nmy'Hfet (Tmvn tlio notion on"" on motion tw juagmunt. motion top jiidgniont, iiiid Hiiili jiidyinent 8hall bo given afljir)Qn_the , Htatomciit of claim the Court shall consider the plaintiffto Tie' ontitlea to. 205. 11. Where, in any such action as mentioned in the last preceding S^X^ri^ZfluirF^ain' ^"^°» t^'®'"'^ ^^'^ sevond defendaiita, then, if one of Kuch dolondants tiff may not down on mo. mako siicli dofault uH aforosald, the jdaintiff may either set down uXi'i'terut''oiR^,X''"' the action at once on motion for judgment against the defendant so making default, or may set it down against him at the time when it ia entered for trial or set down on motion for judgment against the,' other defendants. X 206. I( plaintiff fall to reply or demur, vtu,, when plead- lligH to ho closed. If Iniie arlHc not between plaintiff and defendant, and one party to Issue t.ni In doliverint; any pleadini;, the other party may apply for such judi- nicnt an ho niuy he enti- tled to. 208. Judi;nient by :l»er person, any opposite pai'ty may apply ^KJ^'-^'y^ibcr'tfromccr at chambers for an ord' i alJowin;j: him to deliver interrogatories to with intcrroi,'utorics, any niembe'r or otlicer ot such corporation, company, or body, and ail order may be made accordingly. Any party called upon to answer interrogatories, whether by 217. himself or by any member or officer, may, witliin four days after P"'5' i"'«™K»'«^ ■"*>' „,"'.•' . 1,11 , M *^ , apply to Strike out any service of tho interrogatories, apply at chambers to strike out any interrogjatory as scanda. iuterrogatory, ou the ground that it is scandalous or irrelevant, t^'J^Mer'**'^''""*' I! '•] [ r m 204. In all other aiitions. if dcfcniUmt in (iefnult, plaintiff may set down on motion for judgment. 10 Or(l< dofe moti state entv n Rul. mat the mat is ei oth€ i; If plaintiff fail to reply or part demur, etc., when plead- ^ •,■• _in({s to be elosed. Wltl dee; lai 205. Where several defendants and one in default, plain- tiff may set down on mo- tion for jud)(nicnta{,'ainst defaulter at onee, etc. 206. //^ 207. If issue arise not between plaintif! and defendant, and one party to issue f:iil in delivering any pleading, the other party may apply for sueh judl- ment as he mav he enti- tled to. 208. Judgment by default may he set aside on terms, and dee 1 bet defi the insr ma' anv thii 209. Where action for debt or damages, defendant may pay itito Court and plead payment into Court. 1 anj or : a J oft the defence, an\ ',e claim or ci.iisc or aciioii in respccu ui 210. How payment to he made. Notice of payment to bo served. such payment shall ho made shall be specified tiiereiii. 2. Such sum of nioii\y .shall be paid to the proper ofRcer, who shall give a receipt for the .'^anie. If such payment he made before deliveiiiig his defence the defendant shall thereupon serve ujion the liliiiiitiff a notice that he has paid in such money, and in res[)cct of what claim, in the Form Xo. 10 hereto. And he shall also send the plaintiff a copy of the receipt herein mentioned. Summonses to .stay proceedings on payment of a smaller sum than the sum demanded shall not be issued. %■ .S. Monej ordcret. by on the wi'i necessary to unless spec! 4. The 1 a defence, n ment, or if ^ may before action in re.- notice to tl liberty, in entire cause witiiin forty n 1. The pli claim, or at pleadings, ; defence, or pleadings, v niiiy at any 'rogatories in parties, or ai thereof, stati is required 1 than one set for that pui'i 2. The Co at the insta into the pro] oiiinion of tl iiitorrogatori improper Ic and the ansv o. InterrO; variations as 4. If any i company, wl empowered I tlienaineof f at ehaniboi's any inenibei an order ma, 5. Any pa hiiiiselfor h f^ervieo of tli interrogator! '(■I <.U VV11H.U Loer, wlio Ic before upon the os[)cct of iilso send mmoiisos the siiiB Rules of Couet. 81 3. Money paid into Court aa aforesaid may, unless otherwise ordcroi. l)j a Judge, be paid out to tlie plaintirt", or to his .solicitor on tlio written authoi-ity of the plaintiif. No affidavit aliall be necessary to verify the plaintiff's siii'natnre to such written authority indess specially required by the officer of the Court. 211. Money paid in may be uaiil out to plaintifT or niH solicitor on h\s authority. o. Interrogatories may be in the Form N'o. 21 hereto, with such variations as circumstances may require. 4. If any party to an action be a body corporate or a joint stock coiupany, whetiier incorporated or not, or any other body of persons, enipowcicd by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply at chambers for an order allowiini; him to deliver interrogatories to any member or oflicer of such corporation, company, or body, and an order may be nuide accordingly. 5. Any party called upon to answer interrogatories, whet]'3r by himself or by any member or officer, may, within four days after service of the interrogatories, apply at chambers to strike out any interrogatory, ou the ground that it is scandalous or irrelevaut, 215. Form of interrogatories. 216. If party bo onrijoratlon or jiiiiit stOL'li company, etc., otiicr party may apiil>' for leave to servo any milmiiIilt or orticer with interrogatories. 217. Party interrogated may apply to strike out any interrocfttory na scand*. lou3 or Irrelevant, or not bona fide. 4. The plaintiff, if payment into Court is made before delivering 212. a defence, may within four days after receipt of notice of such pay- .nenfh^sSuS'of*^' nient, or if such payment is first stated in a defence delivered, then rauseinVespectofwhieh may before reply accept the same in satisfaction of the causes of of acceptance. °"* action in respect of whicli it is jiaid in ; in which case he will give notice to the defendant in the Form No. 20 liereto, and shall bo at liberty, in case the sum paid in is accepted in satisfaction of the entire cause of action, to tax his costs, and, in case of non-payment within forty-eight hours, to .sign judgment for his costs so taxed. ORDEli XXXI. DlSCOVKRY AND INSPECTION. - (r- ' '■ Rules. ..-.., •, ^^i,-.Y^^.^^f^ 1. The plaintiff may, at the time of delivering his statenaent^f 213. claim, or at any suhseqtient time not later than the close of the when piaintm and defen- 1 ,. 1 1 I 1 i i J.1 i' ij J !• • 1 • dant may, without order, pleadings, and a defendant may, at the time ot delivering Ins and aieo by leave, deliver defence, or at any subsequent time not later than the close of tho '"'efroKatories. jf pleadings, without any order for that purpose, land either party ^ may at any time, by leave of the Court or a Judge, deliver inter- ' •'•^ "rogatories in writing flir the examination of the opposite partyl)r parties, or any one or more of such parties, with a note at tlie foot '-• thereof, stating which of such interrogatories each of such persons «fVi.^ •• H"?^ .7 is required to answer: Provided that no party shall deliver more /»(^|» ccA, ^jS^V^n^l than one set of interrogatories to the same party witliout an order*^v^i^ « .• 1 • i X • 1 •i.'-i • ii proi)ricty of exhibiting into the propriety of exhibiting snch interrogatories, and it it is the such interrosmtones, and opinion of the taxing master or of the Court or Judge that such s^is hnproperirexiu'bit" intcnogatoi'ies have been exhibited unreasonably, vexatiously, or at '"s'liem. iniju'opcr length, the costs occasioned by the said interrogatories and the answers thereto shall be borne by the party in fault. i U'-l O I 1 If! >3 ., I'; jl ,ir 'I I 'I I ■' II .< n I ill lit 1 ( ^.] :i \ 88 BULE3 OF OOURT. or is not put bonS fide for the purposes of the action, or that the matter inquired after is not sufficiently material at that stage oi' the action, or on any other ground. And the Judge, if satisfied that any interrogatory is objectionable, may order it to be struck out. 218. 6. Interrogatories shall be answered by affidavit to be filed within Answer by aflid&vit filed ten davs, Or withiu such other time as the Judge may allow. within ten days. '' ' r> J 219. 7. An affidavit in answer to interrogatories may be in the Form No. 22 hereto, with such variations as circumstances may require. 8. Any objection to answering any interrogatory may be taken, and the ground thereof stated in the affidavit. 9. No exceptions shall be taken to any affidavit in ansvar, but the sufficiency or otherwise of any such affidavit objected to as in- sufficient shall be determined by a Judge in chambers on summons. 10. If any person interrogated omits to answer, or answers insuf- ficiently, the party i.iteiTogating may apply to the Court or a Judge for an order requiring him to answer, or to answer further, as the case may be. And an order may be made requiring him to answer or answer further either by affidavit or by vivS voce examination, as the Judge may direct. 223. ^^' ^* ^^*^^ ^® lawful for the Court or a Judge at any time during Production of documente the peudency therein of any action or proceeding, to order the pro- t^niodu?£l'aaiSno7 ductiou by any party thereto, upon oath, of such of the documents proceedinif? jjj jjjg possession Or powcr, relating tg. any matter in question in^ch ^ction-erTTTOC^fiding, as the Court or Judge^s^l think right ; and "the Court may deal with such documents, when produced, in such manner as shall appear just. 224. 12. Any party may, without filin;': an affidavit, apply to a Judge Application for order for for an ordcr directiiisf any other party to the action to make discovery of documents. ,. ii x'ii i j. ^ • i. i i • i • discovery on oatli ot the documents which are or have been in his possession or power, relating to any matter in question in the action. Form of answer. 220. Objection to answering. 221. No exceptions allowed, but sufllcienuy to be de- determined by Court or Judge on motion or summons. 222. Party omitting to answer sufficiently may be order- ed to answer or to be in- terrogated viva voce. 225. Form of affidavit in answer to such order, 226. Party to any proceeding entitled to give notice to any other party to pro- duce any uouumcnt re- ferred to ; party not com- plying unable to use doc- ument unless he can show good cause for non-pro- duction. 227. Form o( such notice, 13. The affidavit to be made by a party against whom such order as is mentioned in the last preceding Rule has been made, shall specify which, if any, of the documents therein mentioned, he objects to produce, and it may be in the Form No. 23 hereto, with such variations as circumstances may require. 14. Every party to an action or other proceeding shall be entitled, at any time before or at the hearing thereofj by notice in writing, to give notice to any other party, in whose pleadings or affidavits reference is made to any dor-?ment, to produce such document for the inspection of the party ijiving such notice, or of his solicitor, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such action or proceeding, unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the action, or that he had some other sufficient cause for not complying with such notice. 15. Notice to any party to produce any documents referred to in his pleading or affidavits shall be in the Form No. 24 hereto, or to the same effect. or that, the ;age oi' ;he isned that ick out. lied within ow. 1 the Form require. be taken, nsvar, but to as in- summons. vers iiisuf- 3r a Judge ler, as the to answer amination, me during er the pro- clocumeiits ion_in_8uch ■ight; and d, in such a Judge to make en in his le action. uch order lade, shall ioned, he reto, with entitled, writing, affidavits iment for solicitor, my party iberty to action or locumeut iction, or vith such pred to in eto, or to [ 1 Ct: 16. The days from t referred to tioned in Ri in such noti then within party giving the delivery does not ob solicitor, an produce, an No. 25 here 17. If the omits to gi give inspect order for inf 18. Every shall be to a to in the pie cation is m application documents ii to inspect th other party. 19. If the is sought ob Judge may, i sought deper dispute in th that any issu mined before order that su the question 20. If any rogatories, oi liable to atta^ his action dis have his defe position as if apply to the order may be 21. Servic( any party oi application fc ho party ags may show in knowledge o: 22. A solic "lovery or in without reasc be liable to a 4 Rules of Coubt. 88 16. The party to whom such notice is given shall, within two 228 days from the receipt of 8uch notice, if all the documents therein Party receiving «uch referred to have been sot forth by him in such affidavit as is men- ^SV^henan'tTwhS* tioned in Rule 13 of this Order, or if any of the documents referred to inspe^uon may be had. in such notice have not been set forth by him in any such affidavit, *'on" <>'""* notice. then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice may be in the Form No. 25 hereto, with such variations as circumstances may require. 17. If the party served with notice under Rule 16 of this Order 229. omits to give such notice of a time for inspection, >! objects to "o^^^or"J.bjTCfto ri* give inspection, the party desiring it may apply to a Judge for an |j^°"°,"'J'5'jj^'*»*' order for inspection. mayappy udge. 18. Every application for an order for inspection of documents 230. shall be to a Judge. And except in the case of documents referred ti?^'tritotojSdKe?how to in the pleadings or affidavits of the party against whom the appli- supported. cation is made, or disclosed in his affidavit of documents, such application shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. 19. If the party from whom discovery of any kind or inspection 231. is sought objects to the same, or any part thereof, the Court or a court or Judge may Judge may, if satisfied that the right to the discovery or inspection on''whic?rri^ht''todu"' sought depends on the determination of any issue or question in a^^t 7eteffi»li.'° *" dispute in the action, or that for any other reason it is desirable that any issue or question in dispute in the action should be deter- mined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection. 20. If any party fails to comply with any order to answer inter- 232. rogatories, or for discovery or inspection of documents, he shall be consequencesot failure liable to attachment. He shall also, if a plaintift", be liable to have ji^JI^^^^Kive napec- his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating may apply to the Court or a Judge for an order to that effect, and an order may be made accordingly. 21. Service of an order for discovery or inspection made against 233. any party on his solicitor shall be sufficient service to found an eo»?^'?tc![on8oUditw. application for an attachment for disobedience to the order. But ' ho party against whom the application for an attachment is made may show in answer to the application that he has had no notice or knowledge of the order. 22. A solicitor upon whom an order against any party for dis- 234. novery or inspection is sefved under the last rule, who neglects fi^i'^X^sei^tM'^'wi without reasonable excuse to give notice thereof to his client, shall to attachment. be liable to attachment. 4 84 Bulbs of Court. 236. Party may use an; or more answen, •vldtnce, etc. Jiy , In 28. Any party may, at the trial of nn action or issue, use in evidence any one or more of the answers of the oppositu party to interrogatories without putting in the others: Provided always, tliat in such case the Judge may look at the whole of the answers, and if he shall be of opinion that any other of them are so connected with those put in that the last-mentioned answers ought not to be used without them, he. may direct them to be put in. ,pi,i(, J ore I C".) Upon bo at I'l "I'ty theCo' rt si stated ■ anj which might 2. If it a| ment of clai action a que deeifled bofo is tried, oi- 01' Judge m question ol ' special case ( deem expedi such questioi stayed. 3. Every s their solicitoi use f the Ju 4. No spec or person of i without leave must be suppi tained in sue! such married 6. Either p ing to the pre 27 hereto, an somidjnind^l giving leave 1 6. The pari an agreement given in the i law raised by or to bo ascer may direct, si either with o] Court may be or without co such judgmei on appeal. [* 7. This ord or in any pro( hereafter be s Mule 7, April. Rules of Court. 86 ments ■ 'aay be necessary to enable ;1ie Court to flecide tbe queationa raibed i orehy. (''.) Upon the arfrnmeiit ot'sucb case the Court :■ id the parties shall Parties may in «rgument bo at I'l'nty to refer u the whole contont^t of r,i,.n documents, and do™mente"8toud?'and the CV' rt shn'' be at liberty to draw from the fUcts and documents F„°ere„'?oi'of ?Mt or stated ■ any such special case any iiifei'« iico, whether of fixct or law, '"«•. which might have been drawn therefrom if proved at a trial. 2. If it appears to the Court or a .Tudge, either from the state- 242. ment of claim or defence or reiily or otherwise, that there is in any " court or judtre twnk ,. , 1 • 1 '^•i 111 • . . 1 "^ question of law should action a question ot Jaw, wliicli it would be convenient to have be decided before evi- decided before any evidence is given or any question or issue of flict dS question tobJT'' is tried, or before any reference' is made to an Arliitrator, the Court othen4Vand''staT'' °' or Judge muy make an order accordingly, and may direct such unnenessaVy pr -odings question of law to be raised for the opinion of the C(nirt, either by special case or in such other manner as the Court or .Judge may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed. 3. Every special case shall be signed by the sevc al parties or 24S. their solicitors, and shall be filed by the plaintiff. Copies for the gpeci* j>au> befltoi f the Judge or Judges shall be delivered by the plaintiff. "" "" "" use byp'. . .gn«d. 4. No special case in an action to which a married woman, infant, 244. or person of unsound mind is a party shall be set down for argument ^p^°'*' '•'"i'''' 'i^^bm'* without leave of the Court or a Judge, the application for which not to" " s"t down wW must be supported by sufficient evidence that the statements con- °"""''™' tained in such special case, so far as the same affect the intei'est of such married woman, infant,'or person of unsound mind, are true. 5. Either party may enter a special case tor argument by deliver- 245. "" ' " . - -- — Form of niemori entry for arjpimeiit. ing to the proper officer a memorandum of entry, in the Form No. ^'"""'' '"™''>*" • or to be ascertained by the Court, or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, either with or without costs of the action, and the judgment of the Court may be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed on appeal. [^See English Bule 6, April, 1880.] 7. This order shall apply to every special case stated in an action, 247. or in any proceeding incidental to an action. No special case shall AwUestoeveiyipwjui hereafter be stated under the Act 13 and 14 Vict, c. 85. [See Eng. Bule 7, April, 1880.] 1^ CO ORDER XXXV. {Omitted.'] Sill • 1- 'I 11 • M Rules of Court. ORDER XXXVI. 248. No lookl Ttnue, If no pUc« named Viotoria. 249. Trial. Rules. 1. There shall be no local venue for the trial of any action, but the plaintift'ahall in his stutcment of claira name the place in which he proposes tiiat the action shall bo tried, and tlio action sliall, niileas a Judge otherwise orders, bo tried in the place so named. Where uo place of trial is named in the statement of claim, the place of trial shall, unless ajTuxlgo otherwise orders, be the City q^'. Victoria. 2. Actions shall be tried and heard either before a Judge or OTTeUri'*"* '° '"' '''°^ Judges, or before a Judge and Jury. 250. 2a. No proceedings shall hereafter be taken under Act No. 17, 1876, of the Acts of British Columbia. 251. 3. Subject to the provisions of the following Rules, the plaintiff piaintiB, with reply, to may, with his reply, or at any time after the close of the pleadings, irlve notice o< mode of . •" ,. /y i_ ■' I o j.\ j.- i ^i i t c 2i trial. give notice of trial of the action, and thereby specify one or the Defendant may, within modcs mentioned in Rulo 2 of tiiis Order; and the detenihmt may, four d»y» notice, elect to . . •., ■ / i n j.i .• _ j, have issues of fact tried upou givuig noticc W ithin four (lavs f rom Ihc time of t iie serv ice of by Judge and Jurj-. ^j,^^ notico of triiil, Qi' withiii sucli extended time as a Court or Judge may allow, to tl.i' cftect that he desires to have the issues of fact tried before a Judge and Jury be entitled to have the same so tried. 252. It plaintiff do not, in due time, i;ive notice of trial, defendant may give notice, Ac. . \^,,^ n^r 253. ' Defendant may, instead of ffivlngr notice of trial, apply to Court or Judge to dismiss action for want of prosecution. 4. Subject to the provisions of the following Rules, if the plaintiff does not within six weeks after the close of the pleadings, or within such extended time as a Court or Judge may allow, give notice of trial the defendant may, before notice of triid given by the plaintiff, give notice of trial, and thereby specify one of the modes mentioned in Rule 2 of this Order; and in such case the plaintiff may, on giving notice, ^thfli the time fixed by Rule 3 of this Order, that he desires to have the issues of fact tried before a Judge and Jury, be entitled to have the same so tried. 4a. The defendant, instead of giving notice of trif^'iua^ apply by^ moti£n ja.a(.,.Ju(lge_iii Qifvmbcre to dismiss the action for want of prosecutiQn; and on tlie hearing of such application, the Judge may order the action to bo dismissed accordingly, or may make such other order, and on such terms, as may seem just.,' /', , , ; / 254. Where neither party has given notice under rules to have trial before Judge and Jur}', it. 255. ■abject sa above. Court or Judge may at any time in an action order that dlSerent questions may be tried in different wtys, *o. 5. In any case in wh.'nh neither the plaintiff nor defendant has given notice under the preceding Rules that he desires to have the issues of tact tried before a Judge and Jury, if the plaintiff or defendant desires to have the action so tried ho shall apply to a Judge for an order to that ett'ect, within four days from the time of the sei 'ice of the notice of trial, or within such extended time as the Judge may allow. 6. Subject to the provisions of the preceding Rules, the Court or ^ a Judge may, in any action at any time or from time to time, order 1 that one or more questions of fact be tried before the others, and \ may appoint the place or places for such ti'ial or trials, and in all j cases may order that one or more issues of fact be tried before any j other or others, '^ . i / Id /"7'/»#': /J 11- ? 7. Evo held l)eio bo lield I) 8. Noti action or 1)0 onton variationt" !). Ten whom it BhuU bo H or u Judy 10. No triah 10a. U cause hIiu of trial nil case in wl of Victor i 11. No shall not be deemc eoonest po tried; and 8ucli day BittingH of Court, Ht~ as is) reaso year, or ai necessary. 12. Not mthout a., tlie tirst di trial is giv 13. No 1 or l)y lea' subject to 14. If t] the action party to w been couu action tor 15. Jfn( party rnaj action for 10. The pro[icr ofii the use of printed, o: ! (;! Rules of Court. m 7. Every trial of any (luostion or ipsue of fact by a jury shall be 266. held beioro ii single Jiidgo, hiiIcsh hucIi trial bo Hoecially ordered to Tri»ibetor« ju'rytob* bo held before two or more Judges. mo^V^U'XStauS 8. Notice of trial shall stuto whether it is for the trial of the 267. action or of issuca tho.ein; and the tinio and j)Iace for which it is to Notice or trial to luu ho entered for trial, it may bo in the Form No. 28, with such im'm "nS piMeMd dv variations an circumstances may ro(iuirc. for wnich entered. •' ' Form of Notice. !>. Ten days notice of trial nhall be given, unless the party to 268. whom it is given has consented to take short notice of trial; and Ten d».v« notice of trui, shall bo Hufhcient in all cases, uule.s.s otherwise ordered by the Court 2coept«i.° "° ** or a Judge. Short notice of trial shall bo lour days notice. short notice four d»yii. 10. Notice of trial shall be given before euteriug the action for 269. t ,.; „ I Notice to be given betoN '■ri'^i' entry for trial. 10a, Unless j within six dnyn alter notice of trial is given, the 260. cause shall he entered for trial by one party or the oilier, the notice unisw cauno he entered ,,..,,,., , • .• nil • 1 • , , 1 • for trial within »lx d»yi ot trial shall bo no longer in torco. llus rule is not to ajjjily in any nttor notice of trial iriven, case in which notice of triiil has been already given or to trials out longMtatowf " of Victoria. 1 I- i 11. Notice of trial before a Judge without a jury in-^i^oto^4a 261. shall not bo or operate as for any particular sitting, but shall jify"fo"r'vktorii!*li°o°*to he deemed to bo for the day named in such notice or for the operato for any pirUcu- eoonest period therciifter on wliich the action can be conveniently "' "*'" tried; and any trial before a Judge without a jury, held on such day or period, shall be deemed to have been held at a sittings of the Court for the trial of issues of fact. Sittings of the Court, m-iZjiitam, for trials of issues without a jury, shjul so far as is reasonably practicable, be held continuously throughout the year, or as often as the business to be disposed of may render necessary. 12. Notice of trial by jury fcrr-Yretoi-ia, or by a Judge with of 962 without a jury olsewhei^iUujL in Vietori-ft shall be deemed to be lor Notice of trial elsewhere the tirst day of the then next assi/.esat the place for which notice of jur/o'.h'au'totorfln* trial is given. Uay of next aseiiee. 13. No notice of trial shall be countermanded, except by consent, 263. or by leave ot the Court or a Judge, which leave may be given No countcnnand except subject to such terms as to costs, or otherwise, as may be just. by consent or by leave. 14. If the party giving . tice of trial for Victoria omits to outer 264. the action lor trial, on the (by or day alter giving notice of trial, the I'artyKivinK notice for party to whom notice lias been given ma)', unless the notice has JntCTforTriat'etc!" been countermanded under tlj( last liulc, within four days enter the actiou tor trial. -J C J U'-l ct: o 15. If notice of trial is niven for elsewhere than in Victoria, either 266. party may enter the action for trial. If both parties enter the on notice cisewiieM, action for trial, it shall be tried in the order of the plaintiff's entry. Jif triarel"'*^ *' "" JG. The party entering the action for trial shall deliver to the 266. pi'oi.er officer a copy of the whole of the pleadings in the action for rarty cntorinu to ii^uver '- ^ . - ^ ^w , . , ., , ',^,^,. ° ,„ n„ ™,-i.i.„., to olBi-ur copies o; plead- copy may be written or ing,. the use of the Judije at the trial. Such printed, or partly written and partly printed. [^English R. 17.] 88 Rules of Court. 267 When action <»llc(l on, U defendant do not Appear, etc, 268. If defendant appear and plaintlS make default, etc. 17. If, when mi action is called on for trial, the yiliiintift' appears, and the defendant does not appeai\ tlicn tlie plaintiff may prove Ids claim, 80 far as the burden of proof lies upon him. [^English li. 18.] 18. If, when an action is called on lor trial, tlie defendant appears, and the plaintiff does not ajipear, the defendant, if he has no counter- claim, sliall be entitled to judgment dismissing the action, but if he has a counter-claim, then he may prove such claim so far as the burden of proof lies upon him. [_J^'iiglish Ji. 19.J 269. 19. 'Save as provided in Section 7 of the Act,' j any verdict or judjfment obtained thus iudemcnt obtaiiicd whcro 0110 party does not apTi'ear at the trial, on default mav bo set "^ ° , • i i , /--. r i i i aside on terms, etc. may DC sct asidc by tho (Jourt or a Judge upon such terms as may seem fit, upon an ai»pUcation made within six days after the trial; such application may be made at the Assizes or sittings at which the trial took place, or at any other sitti'.igs of the Court. [See E)i- r/fish Ji. 20.] 20. The Judge may. if he think it expedient for the interests of justice, postpone or adjourn tho trial for such time, and upon such terms, if any, as he shall think fit. [^Scc- EnejUsh Ji. 21.] 271. ^1' Upon the trial of an action the Judge may, at or afte r the Upon triaiJud({o may trial, dircct that iudgmcnt be entered for any or eitlier party at or after trial direct «-<. i j. i i • ^ ^ i ±. —» i- ^i x- judffinent to be entered (absolutely, or subjcct to icavc to niovcj or adjourn the case for joL^i'theSs'eVrmrther lurther cousidcratiou, or leave any party to move for judgment, consideration, etc. No judgment shall 06 entered after a trial without the order of a 270. Judge may postiionc or adjourn trial. Court or Judge. 272. When Court or Judge may direct trial without jury, etc. 273. Court or Judge may, either before or at trial, order any issue of fact to be trio.J 23. The Court or a Judge may, if it shall appear either before or at the trial that any issue ot fact can he more conveniently tried before a jury, direct that sucli issue shall be tried by a Judge with a jury. \_See English Ji. 27.] 274. Witnesses generally to be examined viva voce in open Court. Court or Judge may order any point to be proved by affidavit, or that witnefs may bo examined on in- terrogatories or before Commiesloaer. ORDER XXXVII. * Evidence Generally. Rules. 1. In the absence of any agreement between the parties, and subject to these Rules, the witnesses at (he trial of any aelion or at any asses.sment oi' damages, sliall he examined viva voce and in open court, but the Court or a Judge may at any ^^'me for sufficient reason order that any particular fact or fact miy he jirovcd by affidavit, or chat the afiidavit of any witness may be read at the hearing or trial, on such cuiidition.s as tho Court or .iiidge may think reasonable, or that any witness whose alteiidance in coiul ought for seme suilicient cause to be dispeiiseil with, bo t ;amiiied by interrogatories (>r dtherwise hitoie a coiumissiouer or examiner; provided that wliercs it a|.peai':i to the (,\iuil oi' Judge that the other party bona fide desires the prodnction i,l a witness lor cross-examiu- Ill open sullieicut I'ovcd by il at the J l^fu.r AJ~f Jy. // ^' r /' r-/.//^^/ k< { /!■/■ j,a/^-^ ^' / /■ „^.. ^'■^■■■'i> /f'.V'.A / -V- ge with a-' /: 2^ e^*^ ,^^UU^^ 1 a. *<■' M .Y ('.U-'f^^ *'7^. /hue/ V, u ^^-^T..tJ:!i3t,^,'^'^ /^^fc^^K^V^^ ^f'.ta^*^**^ uu- n } i.f ! I^- i I I ation, anc made aut affidavit. 2. Upo by affida^ either pai making ai 3. Affi( ot his owi which sta admitted, forth matt extracts le 4. The shall api for the ex; other pers and may o may empo deposition a Judge m 1. With affidavit as or witliin s Chambers to the defe 2. The I or within s Chambers plr.intitf or 3. Witl days*, or sii davits in r in reply, thereof. 4. Whei cioss-oxmn (if the o|ip( iilKdavil lii of theidop( siich notlci t deponent. 283. Eridence by affidavit; notice of trial at same time after close of evi- dence ag provided otter cloae of pleadings. his affidavit shall not be used as evidence unless by the special leave of the Court. The party producing such deponent for cross- examination shall not be entitled to demand the expenses thereof in the first instance from the party requiring such production. 5. The party to whom such notice as is mentioned in the last preceding Rule is given, shall be entitled to compel the attendance of the deponent for oross-examiiiation in the same way as he might compel the attendance of a witness to be examined. 6. When the evidence in any action is under this Order taken by affidavit, notice of trial shall be given at the same time or times after the close of the evidence as in other cases is by these Rules provided after the close of the pleadings. ORDER XXXIX. Motion for New Trial. Rules. 284. Application for new trial to the Court. 285. Application for new trial to call on other party to 1. Any application for a'tiew trial shall be to a Full Court, which// shall for the purpose thereof consist of two or more Judges, ■^'^^'f /; 1a. Applications for new trials shall be by motion for an order calling on the opposite partj' to show cause at the expiration of d£°8from*date*of' order ®^g^^* ^^J^ fi'om the date of the Order, or so soon after as the H*y new trial should not casc cau be heard, wh}' a new trial should not be directed. "" ■ Such motion shall be made, if the tHftLhas- tAk«u..place4» Vtetoria, vyithi^i tour days after the trial^ unless a Judge should enlarge the time. I If the trial has taken place elsewhere the motion shall oe made within sixteen days alter the trial, unless a Judge should enlarge the time.i 286. 2. A copy of such order shall be served on the opposite party] Copy of order to i)c serv- withiii four davs froui the time of the same being ir&dc, or under ed withm four days from -i. •'. • .i • ip.i ,. " t ■, special circumstances within such lurther tir^ie as a Judge m{iv 8. A new trial shall not be granted on me ground of misdii^ifijLiiJU, or of the impropor admission oi rejection of evidence, ,uiiless in the opinion of the .Kttll. Court luiae substantial wrong or mi.scarriage has been thereby "occasioned in the trial of the action; and ii^it appear to such Court that such wrong or miscarriage aftects part only of the matter in controversy, ihe Court may give final judg- meht'as to part thereof, and direct a new trial as to the other part only. 4. V new ti'inl may bo oi'dored 'on any question in an action, whatcvci' 111' lln! groiiiidM lor the now trial, without interfering with the fii liing or doeisii'i upon any other question. its leing made. 287. Now trial not to be li'rantcd on misdirection or improper admission or rejection of evidence, etc. 288. New trial may be ■'■'•■ on „n} que* 1 Ion, etc. ^^'^&. f) All Urder to show cause shall be a stay of proceedings in the Order to ..-^lu ....a^e ^imii i.,.^H I:, U'llcKf: the roiii't sliiill order that it shall not bo so as to the ^liu'o or any [lart A the action. he special for cross- les thereof tioQ. n the last attendance he might r taken by s or times lese Rules /t;7. /^--^ 4-., v^•« »<•' <^'^' urtjwhic]^/ an order )iration of ter as the directed. Victoria, arg'o the shall be je should ite party] or under dge maj ^dilfictimi, ess in the scarriagc and It it ects part nivl judg- ther part 1 action, •iiig with in the 3 to the .i> '( I / <( U. /yf-fyC: /I /r/,.-^f A^V w f .'/■ r //'■ I-' ^^■' /V/- ' < t" :/>?:• r.. /^: / / /'/' // <■■ /y / f Ci f'^i ':j r^rrt ^' ^y ^-/' // V //• .''•■ J^//, o/, Q C ' '. / /'^C, ^t^- ' / ///.t^'i' /- /'.-^ / /'^ / ^ .' ' /^ ^■/i'/-^ ■^ ■^ ■/ /'<• ./. /!/■ ■^y :/^-r'f.-' fff- y ^ f'^ Ci- o «*;! 1. Es jtiflgmei the Cou lA. CI tl]ej-ein t correctec January, . 2. Wh^ judgment _l<3ave has judgmentj time Jimit heen iimit shall state that the m made to th ,.3. Wher directing ai the action o and give no *"? trial, an rment, r< eci rcl inj ^Vl-Ollgj n\ itl Rules op Court. 4i ORDEK XL. Motion for Judgment. Rules. 1. Except where by the Act or by theao Rules it ivS provided that 290. indfirment may be obtained in any other manner, the iudement of •'""^sniient to be obtained •>■, °f~, i.v"ii-u i.i.' lu i- r •! i. on motion for juUifment, the Court shall be obtained by motion for judgment. 1a. Clerical mistakes in judgments or orders, or errors arising 291. therein from any uooidental slip or omission, may at any time be cierM errors amended corrected by tl e Court or a .Judge on motion, \_8ee English Jiules, ^° "' * January, 1880. J 2. Where at the trial of an action the tTudgehas ordered that any judgment be pnt ered subject to leave to move, the party to whom l6ave has been reserved shall set down the action on motion for judgment, and give notice thereof to the other parties within the time limited by the Judge in reserving leave, or if no time has been limited, within ten days after the trial. The notice of motion shall state the grounds of the motion, and the relief sought, and that the motion is pursuant to leave reserved. The motion shall be made to the Full Court. 3. Where at the trial of an action the Sn^se, ub^ains froi' directing any judgment to be entered, the plaiiitnF may set down the action on motion for judgment. It he does not so set it down and give notice thereof to the other parties within ten days after the trial, any defendant may set down the action on motion for judgment, and give notice thereof to the other parties. 4. Where, at or after the trial of an action bv a Jury , the Judge has directed that any judgment be entered, any party may, vyithout any le ave re served, apply to set aside .such judgment and enter any I,, pther judgment, on the ground that tlie judgment directed to be ^■/entered is wrong by reason of the .Judge having cauawl the*Minding to be \vToi)gly entered with reference to the finding of the Jury upon the question or questions submitted to them. Where, at or after the trial of an action b efore a Judge, the Judge has directed that any judgment be entered, any party may, without any leave reserved, apply to set aside such jud^iient and to enter any other judgment. ui)()n the ground that, uponrTie finding us entered, the judgment so direeted is wrong [See English R 4a.] An application under this liule shall be to the Full Court. 5. Where issues have been ordered to be tried, or issues or ques- tions of fact to be determined in any nuuiiier, the plaintiff may sot down the action on motion for ji^gua^nt as soon as such issues or questions have beW^te^rrnined.^niTe does not so set it down, and give notice thereof to the other parties within ten days after his right so to do has arisen, then after t!ic oxpiration of sucli ten days any doicndant miiy set down tlie action on motion for judgment, and give notice thereol'to the other parties. ( .SVo En.;/listi. U. 7.] G. Whore issues liavu Ijo^n onlered to bo tried, oi' issues or ques- tions of fact to be dotcrminrd in any niaiuicr. and soiuo only of such issues or (|ueMtiou8 ol' fact have been tried or determined, any party 292. \VhWe order that ludg- moR be entered subject to leave to move, party havinfir leave ehall set down action on motion for judipnent, and Kive notice of motion within time limited, or wtUiin ten days after trial. 293. ''":.u.'c :io direction for entry of jud,s have been ordered to be tried or otherwise determined, plaintiff may set dii«rc action on motion for judgment an soon as issues determined, lie. 296. i'urty v'Hisidoiing that (.Ictcriniimtioii of some only of thu it^ues rcnderv vd:: ( H RuLE8 OF CoxmT. :l.if is I ii; I 'si liii 'I further determination needicss, &r. 297. No autioii ^ilKiU hu Het down on motion for judg'nient aftur one year, Ac. 298. On motion for jud^niont or for new trial, Court, if satiafled that it has mftterials l>efore it for final jud:.fment, inaj give final judgment, &c. 2P9. Any party at any stage of action may apply tor Buch order as, on admis- sions in pleauin|,'3, he is entitled to without wait- ing for determination of other questions. wlio considers that the result of sucli trial or determination renders t.io trial or detoraiinatioii of the others of thoni uiineoessary, or renders it de.sirahK; that the trial or deterniiiiatiou thereof sbould be postponed, may apply to the Court or a .i iidgo for leave to set ich application may be made by motion, so soon as the right of il.o party applying to t he relief denied has appeared from the pkadings. The Court ^TTJiuIge may, on any such applicatioi), give such relief , subjgjjt v such terms, if any, as such Court or •Fudge may ^^c fit. W«S'ce English Ji. 11.] 300. Judgments to be ^iven in writing and flled. 10. Oi'ders^JT course shall hereafter be drawn up and issued by the Registrar upon a pran-ipe being filed therefor; and no applica- tion to the Court or a Judge shall hereafter be necessary for such Orders. fjfef Xftl. 301. Judgement to tie entered by propter otiicer in booit, 4c. Entry of Judgment. Rules. 1. Every judgment shall be entered by the proper officer in the book to be kejit for the purpose. The party entering the judgment shall deliver to the officer a copj' of the whole of the pleadings iu the action other than any petition or suMmoiis: Provided that no co]\v need be delivered of any jileu'liu!,- of which u copy has been ilelivered on ciileriiig any |irc\ious juuginciit in such action. TliC h'orms ill Appendix (D), Nos. 50 to (iij inclusive, may be used, with such \ariatioii.s as circumstances may require. 302. 2. Where any judgment is proMonncod by the Coui't or a Judge da.rOTVimh^udUient I'l Couit, tlic entry of the judgment shall be dated as of the day ou is pronounced. :^^,M^ iJr^^lt^i^ li^ -^ I \ Court or A y}e. jiSf*^ ^^. Jv^e//A // ^^ ^>^^ ^^^ii wlili'h rniinlsitu dociiinenta art lorl « Itli officer. 304. OtHcor to exumine affi- davit nr (loomnont, and, if I'orrcct, enter jnUg- munt accorUliitfly. 305. Production lit unleror certltlcatti, Healed with deal ot Court or of such return, shalllio authority to officer to enter judg- ment. 306. Judgment of nonault, unless otherwise ordered to have '■ffect of ju.lg- inent for defendant on niurits. 307. How jiulg-iiienc for nionoy to bo enforced. 308. May bo enforced by Rcii'uestmtion or attach. ment. 309. For delivery of land by writ of possscssion. 310. Judgment for recovery of other property than land or money. 311. ] ,ruds;ment reiiiunii); person to do any act i other than pay money, \ Ac, enforceable by attachment or committal 312. Mu.inini,' i)f "writ of o\ei:iituin" nnd of "issuiny: o.xuoution." t 1 •- •• ■it: o >- ;i ;f IMAGE EVALUATION TEST TARGET (MT-3) ^/ 7< w^ ^ '^^ '/. 1.0 LI liilM 125 ■i^ lii 12.2 III I Hi I* u 2.0 11.25 i 1.4 I Ml! m Ii4 -^ <^ V] Photographic Sdences Corporation o^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 ■it^ Bulbs of Coubt. j. '■;';! 313. When judgment Is for leliet condltlonaUy, the issuing of any such process against his person or property as under the preceding Rules of this Order shall be applicable to the case. 7. Where a judgment is to the effect that anyjxaj'^T m ^ti^ad t(j;. 4j, any relief subject to or upon the fulfilment of any-epftdhioffor.coa-_' tingency, the party sa entitled may, upon the fulfilment of the condition or contingency, and demand^made upon the party against whom he is entitled to relief, apply to the Courtor a .Wdge for leave to issue execution against such paHy. I An% the Opurt or Judge may, ifsaji'sfied that ^he right ta relief nas arisen accbrding to the terms ofthe judgment,' ordar^fctmt execution i9e«"fdateoi inue. may be used, with such variations as circumstances may require. 13. In every case of execution the party entitled to execution 319. niav levy the poundage, fees, and expenses of execution, over and }n execution pound«e« , •' ^i"' ^ ] fee* may be levied. above the sum recovered. 14. Every writ of execution for the recovery of money shall be 320. indorsed with a direction to the Sheriff, or other officer or person to ^^°' execution tn whom the wr't is directed, to levy the money really due and pay- "dors^ °with°"direcUoii able and sought to be recovered under the judgment, stating tfie whorndfrect^*'.*" amount, au,! also to levy interest thereon, if sought to be recovered, at the rate allowed by law from the time when the judgment was entered up, provided that in cases where there is an agreement between the parties that any specified rate shall be secured by the judgment, then the indorsement may be accordingly to levy the amount of interest so agreed. 15. Every person to whom any sum of money or any costs shall 321. be payable under a judgment, shall immediately after the time mon7y°S? ^S'^rtSlu'S when the judgment was duly entered, be entitled to sue out one or payaweunderjudgment, more writ or writs of fieri facias against the goods and chattels of «nStiedto/etihSM°'ie.' the judgment debtor to enforce payment of the judgment, subject nevertheless as follows: — (a.) If the judgment is for payment within a period therein men- tioned, no such writ as aforesaid shall be issued until after the expiration of such period. {().) The Court or Judge at the time of giving judgment, or the Court or a Judge afterwards, may give leave to issue exe- cution before, or may stay execution until any time after j the expiration of the periods hereinbefore prescribed. j Such person shall also be entitled to the remedies provided for judgment creditors by the "Execution against Lands Act, 1874," the provisions whereof as to procedure shall remain unaffected by these Rules, except that Forms I^os. 73 and 75 hereto shall be used in lieu of Forms A and B of said Act. 16. Excepting writs issued under the Act last mentioned, every 322. writ of execution, if unexecuted, shall remain in force for one writ oj execution , ™ .' . , ' 1 • ii 1 • remains in force for year year only from its issue, unless renewed in the manner herein- from istue, but may ba after provided; but such writ may, iit any time before its expiration, ""ewed by leave, 4o. by leave of the Court or a Judge, be renewed, by the party issuing it, for one year from the date of such renewal, and so on fi-om time to time during the continuance of the renewed writ, either by being maiked with a seal of the Court bearing the date of the day, month, and year of su(5h renewal, or by such party giving a written notice of renewal to the Sherifl signed by the party or his attorney, and bearing the like seal of the Court; and a writ of execution so re- newed shall have effect, and bo oulitlod to priority, according to the time of the original delivery thereof. iLJ i^ m:' ■il! Hi!, ,1 ■■"iii: ir rill 46 * BuLBB OF Court. 323. Production o( writ or notice sealed, evidence o< renewal. 324. When execution may iMue. 17. The protluction of a writ of execation, or of the notice renew- ing the same, iiurporting to be marked with such seal as in the last preceding Rule meutioiieil, sliowing the same to have been renewed, shall be sufficient evidence of its liaving been so renewed. 18. As between the original parties to a judgment, execution may issue at any time within six years from the recovery of the judgment. 325. 19* Where six years have elapsed since the judgmentjor any After rix years or ohuige change has taken place by death or ot herwi se in the parties entitled tnjwcecuuono^a^pi "' or liable to execution the party allegin"g liimself to be entitled to makrorierfOTeSccration oxccution may apply to the Court or a Judge for leave to issue exe- of"artie»™c "'"*''*'"' cution accordingly. And such Court or Judge may, it satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or question necessary to determine the rights of the parties, shall be tried in any of the ways in which any question in an action may be tried. And in either case such Court or Judge may impose such terms, as to costo or otherwise, as shall seem just. 326. 20. Every order of the Court or a Judge, whether in an action, M juSg^nt. ""'*"***'''" cause, or matter, may be enforced iri,the same manner as a judgment to the same effect. 'i'r. A M 'A^/ c //i> ^ /2-. 327. Persons not party in action having obtained order to be entitled as U party to action, and person not party against whom order made, liable as party to action. 21. In cases other than those mentioned in Rule 18 of this Order, any person not being a party in an action, who obtains any order or in whose favour any order is made, shall be entitled to enforce obedience to such order by the same process as if he were a party to the action; and any person not being a party in an action, against whom obedience to any judgment or order may be enforced, shall be liable to the same process for enforcing obedience to such judg- ment or order as if he were a party to the action. 328. 22. No proceeding by auditii querciri shall hereafter be used; but Audita querela abolished auv party asjainst whoui iudgmeut has been given may apply to the Party against whom ,^ '' '\ '' 7 i v Jf °r i- ^i, i- ji ^ • j. i judgment given may Court Or a Judgc tor 11 Stay 01 cxccution or other rehef agamst such SSgroin(U?ris^ng^"oo''" judgmcut, upou thc grouud of facts which have arisen too late to be late to be pleaded. pleaded ; and the Court or Judge may give such relief and upon such terms as may be just. 28. Nothing in any of the Rules of this Order shall take away or curtail any right heretofore existing to enforce or give effect to any judgment or order in any manner or against any person or property whatsoever. 24. Nothing in this Order shall affect the order in which writs of execution may be issued. 329. Former rights not euitailed. 330. ORDER XLHI. Weits op Fieri Facias. Rules. 331. 1. Writs of fieri facias against goods and chattels and against before Act '"■"' ''^ "' lands respectively shall have the sanie force and effect as the like writs have heretofore had, and shall be executed in the same manner in which the like writs have heretofore been executed. notice renew- as in the last 3een renewed, wed. sxecution may the judgment. gmentjor any arties entitled be entitled to e to issue exe- i satisfied that inake an order 1 necessary to ly of the ways And in either 18 to costs or < in an action, as a judgment of this Order, IS any order or led to enforce ) were a party action, against enforced, shall to such judg- be used; but apply to the against such ;oo late to be ief and upon take away or effect to any u or property vhieh writs of and against ;t as the like same manner 2. "Wr of fieri fj lore. lii( V I!! I! ■';sfc». nr|(oso, to Ikhuo a •';M|i«»«™ii"n ntfaimt writ of Bequestration n^iiiiirtt tlio ostato and ctfcctH of huoIi diHobo- dient person. Such writ sliall liavo tlio like cfteet m a 'wit of aequcatration has horotofore had, and tlio proceodH of Hnch seques- tration may be dealt with an the proeoodri of writs of Hcquestration have heretofore been dealt with. [See Form No. 80.] 2. No Bubpcena for the payment of costs, and. unless by leave of 346. the Court or a Judge, no sequestration to enforce such payment bvi«aie'""^*'* ""*''' .jail be issued. [&e English Jiule 2, Jpril, 18H0.] 8. Unless otherwise ordered, Commissions of Sequestration are to be directed to the Sheriff, f Ontario Huf.es.'] 347. Writ to he direitud to Hheriff and not to Coin- mlMlonera, ORDER XL VIII. Writ op Possession. Rules. 1. A judgment that a party do recover possession of any land 349. may be enforced by writ of possession in manner used in actions of writ of iioBTOiwion to ejectment before the passing of the Act. recover fand. 2. Where by any judgment any person therein named is directed 349. to deliver up possession of any lands to some other person, the ^^rtri»'diJccted t"* person prosecuting such judgment shall, without any order for that duiivcriKWHtiwionof purpose, be entitled to sue out a writ of poHscssion on filing an IhemrtVi'mlccut^^^^ affidavit showing due service of Bucli judgment and that the Hanie '^yj ^K'tfint^nt cutitiod to has not been obeyed. ISee Form No. 7G.] ORDER XLIX. Writ of Delivery. A writ for delivery of any property other than laud or money 350 mny be issued and enforced in the manner in use in actions of writ of dciivcrv a» at detinue before the passing of the Act. [See Forms Nos. 77, 78.] KSlmi. """""*" actioiw ORDER L. Chanqe of Parties by Death, &o. Rules. 1, An action shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assign- ment, creation, or devolution of any estate ortitle pendente lite. 2. In case of the marriage, death, or bankruptcy, or devolution of estate by operation of law, of any party to an action, the Court or a Judge may, if it be deemed necessary for the complete settlement of all the questions involved in the action, order that the husband, personal representative, trustee, or other successor in interest, if 351. Action not abated by nwrrlagc, dvitth, or bankriiptiy of party it uuusc of ni'tion continue, and not to become defects by assignment, creation, of devolution of estate. 352. In cases of death, marringc, bankruptcy or dcvdlutinii of estate of party, Court or Judge may order HUccessorTn interest to )>e made part\. 60 Rules of Oourt* :iM any, of such party be made a party to the action, or be served with notice thereof in such manner and form as herein-after prescribed, and on such terms as the Court or Judge shall think just, and shall make such order for the disposal of the action as may be just. 853. S. In case of an assignment, creation, or devolution of any estate etaT!««on'raK^ Mn. ^^ *^*^® pendente lite, the action may be continued by or against the Mnutd. person to or upon whom such estate or title has come or devolved. 854. IVhere by devolution of interest pendente lite it lieoomes desintbie tliat fresh party sliould be before Supreme Court, Court may malie order accordingly. 355. Service of such order. Person served who i» not party to enter appearance. 4. Where by reason of marriage, death, or bankruptcy, or any other event occurring after the commencement ot an action, and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the com- mencement of the action, it becomes necessary or desirable that any person not already a party to the action should be made a party thereto, or that any person already a party thereto should be made a party thereto in another capacity, an order that the proceedings in the action shall be carried on between the continuing parties to the action, and such new part/- or parties, may be obtained ex parte on application to the Coui't or a Judge, upon an allegation of such change, or transmission of interest or liability, or ot such person interested having come into existence. 5. An order so obtained shall, unless the Court or Judge shall otherwise direct be served upon the continuing party or parties to the action, or their solicitont, and also upon each such new party, unless the person making the application be himself the only new party, and the order shall from the time of such service, subject nevertheless to the next two lollowing Rules, be binding on the persons served therewith, and every person served therewith, who is not already a party to the action, shall be bound to enter an appear- ance thereto within the same time and in the same manner as if he had been served with a writ of summons. 356. Person so served may apply to discharge within 6. Where any person who is under no disability, or under no dis- ability other than coverture, or being under any disability other twelve daj- romsenico. than covei'turc, but haviiig a gusirdian ad litem in the action, shall be served with such ordei', such person may apply to the Court or a Judge to discharge or vary such ordei' at jiny time within twelve days ti'om the service thereof. 7. Where any person being under any disability, other than cov- erture, and not having had a guardian ad litem appointed in the action, is served with any such ordei", such person nmy apply to the Court or a Judge to discharge or vary such order at any time within twelve days from the appointment of a guardian or guardians ad litem for such party, and until such period of twelve days shall have expired such order shall have no force or effect as against such last- mentioned ]ierson. 357. Person BO served being under di mbilltv and not represehtiil, may apply to discharge order, etc. Hi 368. Aotloni may be ooniol- ldi, plaintiff, by affidavit or otherwise to the satisfaction of tlie Court or a Judge. may 6. Where an action is brought to recover, or a defendant in his statement of defence seeks by way of counter-claim to recover specific property other than land, and the party from whom such recovery is sought does not disjnite the title of the party seeking to recover the same, but claims to retain tlie projieify by virtue of a lien or otherwise as security tor any sum of money, the Court or a Judge may, at any time after such last-montioncd claim appears from the ph'adings, or, if there be no pleadings, by affidavit or otherwise to llio satisfaction of such Court or .Judge, order that the 364. Where claim, etc., la made to any apeclflc property in hands of opposite party admitting title, but claiming lien, how party cluinilnK to recover property, may do so. I ) J 52 Rules of Court. 365. TraitM under will to conduct sale of trust property if ordered. 366. No writ of injunction to Utue. Order tor to suffice. party claiming to recover the property be at liberty to pay into Court, to abide the event of the action, the amount ot money in respect of which the lien or security is claimed, and such further sum (if any) for interest and costs as such Court or Judge may direct, and that upon such payment into Court being made, the property claimed be given up to the party claiming it. 7. Where the trusts of any will or settlement are being adminis- tered and a sale is ordered of any property vested in the trustees of such will or settlement upon trust for sale or with power of sale by such trustees, the conduct of such sale shall be given to such trustees unless the Judge shall otherwise direct. 8. No writ of injunction shall be issued. An injunction shall be by a judgment or order, and any such judgment or order shall have the effect which a writ of injunction previously had, [See English Mule 8, Apil, 1880.] ! ■ .H'!! ;H ORDER LHI. Motions and otht^r Applications. Rules. 367. 1, Where by these Rules any application is authorised to be made Aimiioation to Court or to the Court or -Tudgc in au action, such application, if made to bymoSon? °" * the Court orto a Judge in Court, shall be made by motion. 368. 2. Kg rule or order to show cause shall be granted in any action, Noruietoshow cause excopt in the casos in which an application for such rule or order is SriertTby rS*^'^ cxpressly authorised by these Rules. 3Q9, 3. Except where by the practice existing at the time of the Except where by this passlug of the Said Act any order or rule has heretofore been made without notice"to^rti°es Gx parte absolutc in the first instance, and except where by these •fleeted, etc. Rulcs it is Otherwise provided, and except where the motion is for a rule to show cause only, no motion shall be made without previous notice to the parties affected thereby. | But the Court or Judge, if satisfied that the delay caused by proceeding in the ordinary way would or might or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Court or Judge may think just ; and any party affected by such order may move to set it aside. 370. Except on epeetal leave notice of motion must be two dear days' notice, and day of hearint; must be nair-ed. 371. If on hearlnK Court or Judge should think that person to whom no notice naa been given should have had notice, etc. 372. HMrtng may always be kdjoumed on terms. 4. Unless the Court or Judge give special leave to the contrary there must be at least two clear days between the service of a notice of motion and the day named in the notice for hearing the motion. 5. If on the hearing of a motion or other application the Court or Judge shall bo of opinion that any person to whom notice has not been given ought to have or to have ha ' such notice, the Court or Judge may either dismiss the motion or application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms, if any, as the Court or Judge may think fit to impose. 6. The hearing of any motion or application may from time to time be adjourned upon si;eh terms, if any, as the Court or Judge may think fit. i;f iou shall be ir shall have [See English a any action, le or order is time of the been made ere by these ](iotion is for loutprevious or Judge, if >rdinary way lischief, may r otherwise. Judge may move to set the contrary e of a notice the motion. i . I 1 . k::L CO o Tu/cJ/f/T X^^r^^Vz-Zv^/V-/^- r/ f^ 1'. 1 ■ ': ji'i i:'y !)k^^vi{^' 'fL Of^i^t t*lr7/tc ft^i^/ja', t'^^ if Mt ^^U^^ ^-j^' jA^c^^i^' 2V^^. /^^'n BuLEB OF Court. «8 7. The plaiutiffshuU, without any special leave, be at ]it)erty to 373 serve any tiotice of motion or other noti(;o, or any petition or sum- when piaintiir "without mons upon any delendant, who, having been duly served with a !,^UM"i7motion"JIEo. writ of summons to appear in the action, has not appeared within the time limited for that purpose. 8. The plaintift" may, by leave of the Court or a Judge to be 374. obtained ex parte, serve any notice of motion upon any defendant J^"J&'°'i2"''aJte '*"* along with the writ of summons, or at any time alter service of the serve any noticeV "*' writ of summons and before the time limited for the appearance of ""'''°'"'" ''•'•»'•«»*• such defendant. ORDER LIV. ApI'LIOATIOXS at CitAMBERS. Rules. 1. Every application at chambers authorized by these Rules shall be made in a summary way by summons. 2. If any matter appears to the Registrar of the Court proper for the decision of a Judge the Registrar niny refer the same to a Judge, and the Judge may either dispose of the matter or refer the same back to the Registrar with such directions as he may think fit. [See English B. 3.] 3. Any person affeetecl by any decision of a Registrar may appeal therefrom to a Judge at Chambers. I Such appeal shall l)e by summons, within four days after the decision complained of, or such further time as may be allowed by a Judge or the Registrar. \_Scc English li. 4'.] 4. An appeal from a Regit^trur's decision shall be no stay of pro- ceedings unless so ordered by a Judge. \_lSee Erif/lish H. 5.] 0. Every appeal fiom any decision at Chambers shall be by motion, and shall be made within eight days after the decision appealed against to the F^L Court, except such time shall be enlarged by the Full Couit.. [See English ll. Q.] 0. A summons or an order shall be in the form in Appendix G hereto, with such variations as circumstances may require. 7. Written consents to orders and adjournments shall be filed in the cause. [See English H., April, 1880.] 876. '*\ Applications at ohamb«n^ 376. KeKiHtrar may refer to Judge, who may refer baolctohim. 377. Time for appeal to Judge at Cliambere. Such a] proceei orde{. 378. \\ no stay of "ngs but by i 1 1 i • ■• ,«• Appeal to Court fr^ ''^ ^^ 1. Chambers shall be by '^r^^ motion, within eight days from order com- plained of- 380. Summons to be ir. form, I Appendix O. ,\ 381. ' Consent to orders and adjournments to be filed in cause. ORDER LV. Costs. Rules. .1. The costs of and iiiciiloiit to liil yiroccedings in the Court shall ' 382. bo in the discrotion ol tlic (Viiiil j| but nolhiiiy herein cuiitiiincd shall costs in discretion ot dc'iuive a triisici-, mortgagee, oi' other ]iorsoii oi any right to costs out of a paiiicular estate or fiinil to which he would be entitled ftpcordiug to the rules in Equity hitherto acted upon: Provided, W' :'i;!i' lil •III s-cifi^f 64 Rules of Court. that whore uiiy action o. issue is tried l )y u jii ry. the costs aliall foUow the event, imUss iijion aiiiilicalioii made at the triiil for good ca^ise shown theJudgo bot'oro whom such action or issue is tried or the Court shall otherwise order. ■ 383. 2. In any cause, or matter, in which security tor costs is required, K^retionJ'court t^»« socurity shall bo of such amount, and be 'given at such time or "'•'"''e'-'' times, and in such manner and form as the Court or a Judge shall direct. 384. 3. "Where a bond is to bo given as security for costs, it shall, whom*draw!r SSt to'°' unless the Court or a Judge otiiorwise directs, 1)0 uiven to the ^arty offi'.-er. ' or person requiring tlie security and not to an Officer of the Court. {Sit English R. Z,^ April, 18«0,] , 385. Costs to be as in Aju". I'. Contract with client for lump sum allowed. 4. The fees, costs, and charges of and incident to all proceedings in any civil matter or action in the Siiproine Court, as between party and party 04^ iSolrcitor and client, tihall be allowed according to the SclieduLo.iiL^ppeiidix 11 hereto;, and no other fees, costs, or charges shall be allowed, ~T!TTsTtTne shall not affect the right of a Solicitor to contract with his client for a lump sum for costs, as provided by the General Orders of the Sn]ircine Court, in force on the Ist of March, 1^78. The op[)osite party shall not, however, be chargeable with sm h lump sum, or with any other sum in lieu of the charges set down m the said Schedule. 386. 5. The Court or .Tudge may, upon any application or procedure Judge, even if not iu any causo or nuittcr ill Court or at Chambers, and whether the cSirlSsforhnpropc"'*" samo Is objoctod to or not, direct the costs of any pleading, aflida- X""oitsoSsSiby! vit, evidence, notice to cross-exaiiiinc witnesses, account, statement. If Judge abstains (rom," or otlicr luoceodiiisi-, Or aiiv 1 )art tlicrt'ot', which is imnroiier, niine- corisary, or contains unnecessary matter, or is ol unnecessary length, to be disallowed, or may direct the taxing officer to look into the same and to disallow the costs thereof, or of such part thereot as lie shaii find to be iin[)roper, unnecessary, or to contain unnecessary matter, or to be of unnecessary length; and in hucli case the party whose costs are so disallowed shall [lay the costs oecasioneu to the other parties by such nniioccs.iary proceed! ii;:', matter, or length; and in any case where such question shall not have been raised before and dealt with by the Court or Judge, the taxing officer may look into the same (and, as to evidence, althougli tiio same may be entered as read in any decree or order) for the purpose aforesaid, and t.herou|ion the same consequences shall ensue as if ho had bceu specially directed to do so. (i. In aii\ case whatsoever in which a party oiititlod to receive costs is lialile to pay costs to any other jiarty, the taxing officer may tax the costs such party is so lialile to pay, and may adjust tlie sanio * by way of deduction oi .-.et Oil', or may, if he shall think lit, delay the allowance of the costs such party is entitled to J'ocoive until he has paid or tendered the costs he is liable to' jiay ; or sucHi.otficer may allow or cci'tiiy the osts to bu paid, and the sinr: may he i'ei;overeil by tlu' pai'ty Oiititle:^ tiicrotcj in tl:o same maa.ier as co-'ls ordered to be paid may bo recovered. 300 Costs to party '• >' lioreaiiv , a I'ty ai.pi ai'ri iipon ;,ny a j.iicatum or jiroceediiig iTprMeeUin"'S''b"/ '" ^" ^'o»''' '-"' ^t. Chambers, win.u which, accoVdiug to the practice, lie diwllowed. 387. Coats of different matters in action may bo set off. lie co.(8 alialJ li'itil for good fiie is tried or Is IS required, jsiioh tiino or li Judge shall )sts, it shall, I to the ]>arty Y the Court. proceedings as betvveuii ticeordiiig to ees, costs, or Iio right of a ibr costs, as f, in force on ot, however, r sum in lieu H- ])rocedure whether the 'ling, affida- t, statement, I't'l'ei-, unne- '^■■^;iiy loiigth, )ok into the hereot as he unnocessaiy so the party )iie!i to tlie . or length; JO(.'n rai'socl officer may ao may he ! aforesaid, had hoeu ^^&. to rccL'ivu jfficcr may it the same lit, (leluy ^' until hu fH.oflicoi' may he ■T as coiis rocect 1IM)• actice, he ■tni,; ,;> i;l :ll 8. (HUl)jc any speoii (iinlo; uii{tli( or an) been t Rules of Court. 66 ought not to ntteiul, ho is not to ho allowed any costs of such appli- cation nnless tlie Court or Judge shull expressly direct such costs to he allowed. 8. As to applications to extend the time lor taking' any proceeding (Huhjcct to any Hpcciul order as to the costs of and occasioned by any such appliciition), tho coats of one application are, without special order, to ho allowed as costs in the cause or mutter, but (unless specially ordered) no costs arc to he allowed of any further application to the party making the same as against any other party, or any estate or fund in which any other party is interested. 9. When any i)arty entitled to costs refuses or neglects to bring ill h!s costs for taxation, or to procure the same to be taxed, and thereby la-ejudices any other jiarty, the taxing officer shall be at liberty to certify the costs of tho other parties, and certify such refusal or neglect, or may allow such jiarty refusing or neglecting a nominal or other sum for such costs, so as to prevent any other party being prcyudiced b^' such refusal or neglect, 10. As to costs to bo paid or borne by another party, no costs are to be allowed which do not appear to the taxing officer to have been necessary or proper for the attiiinnient of justice or defending the rights of the party, or which appear to the taxing officer to have been incurred through over-caution, negligence, or mistake, or merely at the desire of the party. 389. ro*t« o( one kppllcktioa only (lubjevt to ipwtal order) for time, elo., (• bo allowed. 890. ^ Party nogleoting to brlnK in coetn tor tuoktion, (to. 391. No ooatii improperly Incurred, in ReKietru't opinion, to be allowed agnlnat oppoalte party. ORDER LVI. Notices, «&c. RULKS. 1. All notices required by those Rules shall be in writing, unless 392. expressly authorisecl by a Couit or -Judge to be given orally. J?ni'i^othcrwi8o ^^ 2. Any aflidavit mav be sworn to cither in print or in manuscript, „ „?®®* ,. ■ 1 . • , 1 " ., • . , r T.t !• I j» fi 1 How amdavit to be or partly in print and partly in manuscript. [^Lnghsli It. 3.) Bwomto. j -J CO mSCT cc: ORDER LVII, Time, RUhK.>». 1, Whore by tiieso Rules, or by any judgnioiit or order given or 394. made alter llie coninioncenieiit of the Act, time for doinj; anv act Months, unicMoxpreMed .,. ,. •i--.li l\ ^ '^iri to ho lunar, shall be or taking any procooding is limited by months, not expressed to be calendar months, lunar months, such time shall bo computed by calendar months. '2. Where any limited time Icrs tliali :six dayn from or after any date or event is appointed (ir allowed ,ibr doing any act or taking any proceeding, Sunday, Cbrii-tmas \h\\\ niid Oooil Friday shall ^Ji be reckoned in tiio conipulalion of such limited time. 3. Where tho time ior (loiiiu' any act or taking any ]iroceeding expires on a tSniiday, or other (hiy on wiru^li i!io ulHces are clo!<0(i, and by reason thereof such act or proc^ec(lillg• cannot bo done ou 395. Sunday, Christmas Day, ami Good Friday *x- eludcd in periods of leN tlian six days. 396. Where time etpires on holiday, time for doing nny act, etc,, shall b« f- '^^ m \ "', I li I 1 1' 66 Rules of Court. uxUiuli'l tnlhu ilii\ nil whiili nffltin "hull iitxt liu o|)eii. 997. iirt or .liiduv in.i,\ vnlurKu (ir iiiirlilKi' limo for iloiii^f un.x urt or tahliiK iiroinilliiKi, il''. tiikoii oil tliiit duy, Huch net or lu'ocoodinir sliai!,H(> tUr us n'gurda the tiiiu! olMdiiin' (irtiikitii!: fliu ^■alllo, lit; hold to l)0 diilv done or tiikun iCdoiio ui' takoii on tlic duv on wliicli tho oiUccH m1 ail noxt bo open. ■1. A Court or a Jnd,ifo nliall luivo ]io\vor to onlartye or aliridj^o tlio timo iipiMtintod Ity tliCHO Unk'H, or lixcd by any order cidarnin^ tiniL', tor dohijj; an*v act or taking any procuoding, upon nuoh tcrni.s (if any) as tkc justice ot llic case uiiiy reipiiro, and any 8iu:h onlargc- .' bii ordered altluiugii tlie application tor tlio sunio ia not il after tlie exiiiratiou of tho time appointed or ullowcd. 7i/K//Kv/i A', il] time for delivering or amending any jjleading may be bv eoiisenf in wiiting without apidieution to the Court [.SVf Eiujljish Ji.iiA., Ai>rU, IbbO.J Judge 399. All 1lll8lllf!i!1 to l>u iHh- poHed nf, as far ns ])oh- uliilo, li.v II Hin(;le Juilife, iiK'Iudlnt; County niiii Mining Court niijicaN. SlttiiiBH nt Vii'torln, in Court or C)i:imliurw, to be rcaKoimbly contituiouH throut;linut lliu .M'lir, 400. ORDER LVm. Sittings OF THE Coufix; the Full Court; Rk-uearinos, &c. Rules. J. Save as by the Act or these Rules is otherwise provided, every action, itroceediiig, or matter in the Supreme Court, and all business arising out of the same, and every appeal from a County Court or Mining Court, shall, so tar as is jjraeticable and convenient, be heard, determined, and disiiosed of before a single Judge sitting in Court or in Chambers, as circumstances may require; and in Victoria such sittings in Court or in Chambers respectively shall, so far as is reasonal>ly practicable, be held continuously throughout the year or as often as tho business to be disposed of jimy render necessary. 2. A Full Court sliall consist of not less than two Judges of tlio Supreme Court sitting togctlier, and siiall, besides exercising tho jurisdiction assigned to it by the A-tt, hear and dcteiniiiie appeals, or ajiplicatiuiis in tho nature of appeals, Irom any judgment, ruling, or order of a single Judge, excepting orders mentioned in Section 8 of the Act; and shall hear and determino Special Cases where all parties agree that the same bo heard before a Full Court. 8. Sittings of tho Full Court in Victoria shall bo held as often as tho business to be disposed of may render necessary. i. All ajipcals to the Full Court shall bo by way of reJiearing, and shall be brought by notice ot motion in summary way. The appellant may by the notice of motitju appeal from the whole or any part of any judgment, ruiiiig, or order, and the notice of motion shall state whether the whole or part only of such judgment, ruling, or order is <;omplainod of, and in the latter case shall specify such part. 403. "». The notice of ap]ical shall be served upon al! parties Notice to 1.U to !,ii particB directly atfoctcd therolty, and it shall not be necessary to serve otil'urs if onUui'i'iy parties licit so attecteu ; Imt tiic J:''iill Court may direct such Adjomnii.cnt -.nay be iioticc to be sci'vod Oil all or iiiiy iiurtics to tho action or other jiro- '"'•I'ttuii. ■ coeding, >.'V upon any peison not a party, and in the moiiitime may postpone or adjoiini the ajipeal upon such terms as Kiill Court not to uonnint of It'sa tlmn two .ludaeH. Jurisdiction of, a* to ftppcalH nnd (*iV«eM us- Hlifiied by Act. 401. Sittlnjfs of, at Vk'torltt, to bo held whin ncios- Barv . 402. Appeals to bt' 'inani re- heurinjfs, and to be by notice of motion Htatin}^ whether from uholo or part of decision com- plained of. ■..■^-. us ri'^ards the (loiio or tiikt'ii llOXt 1)0 OpOll. or iiliri(l^ ¥ A^c^/c?. #*>/ 5^/^iJ>^^Z<^ ^ /£^,Juf.S2r ■/. ^z- ;^y/^/^^'^/ <^^^ /^ -<<^1^^ JSi ^ 1 <('' \'' rm2^.fA may s as mi^ notice bo am locuto: order RuiiEB OF Court. 67 Notice may bo amended M Court may order. 404. Notice of appeal from any jiidpiicnt to bo 14 (lays; from interlocutory ■ order, 4 days. 405. K- •' Court to hare pov, jrs of Court of firat Instance as to amend- 'ments and power in all coses, except in Mininy and County C''\rt» ap- peals to re''.-_--^^^ %^y 7. The Pull Court shall have all the powers and duties as to amendment and otherwise of the Court of First Instance, together with full discretionary power in all cases, except in a ppeals from a County C ou rt or Mining (yourt , to rec eive iu rtner^ev iaence upon questions oTfact, such evidence to be either by oral examination in Court, by afiidavit, or by deposition taken before an examiner or , commissioner. | Such further evidence may be given without special leave upon interlocutory applications, or in any case as to matters ^_jirhich have occurred a^ter th a.date of the decision appe aled from. Upon appeals from a judgmeiil after trial or hearing of any cause or matter upon the merits, such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only f and not without special leave of the Full Court.y The said Court shall have power to give any judgment and make any order which ought to have been made, and to make such other order as the case may require. \ The powers aforesaid may be exercised although the notice of re-hearing or appeal may be to reverse or vary part only of the decision, and such powers mjiy also be exercised in favour of any of the respondents or parties, although they may not have appealed from or complained of the decision. The Full Court shall also have power to make such oi'der as to the whole or any part of the costs of the appeal as may seem just. 8. Notice of motion by way of cross appeal shall be unnecessary 406. by a respondent; but if a respondent intends, upon the hearing of ^"^^^^^"/^.^^^'"^'^'jpij.^j,^ the appeal, to contend tiiat the decision appealed from should be jjont^islies order varieii, varied, he shall, within the time specified in the next Rule, or such thorcor om;98U)n"todo time as may be prescribed by special order, give notice of such Fuii'coSrt,'but'imyX°' intention to any parties who may be affected by such contention. gJ^Xctcos'to °"'™"*°' The omission to give such notice shall not restrict the powers of the Full Court to deal with the appeal as may seem just, but may, in the discretion of the Court, be ground for an adjournment of the appeal, or for a special order as to costs. 9. Subject to any .special order which may be made, notice by a 407. respondent under the last preceding Rule shall in the ca.se of any Notice of cross appeal '.- .... • . ~.., . . ,...*' from jii(lt;ment to ire S un- rospon- uppeal fi'om a final judgment be an eight days' notice, and in the da™; from interiocutor\ case of an appeal from an interlociitory order a two days' notice. oner, 2 days. 10. The party appealing from a judgment or order shall leave 408. with the proper officer a copy of the iu»tioo of appeal to be filed, .\ copy ot notice of ap- toiiother with a pni'cipe for hearing the appeal, and such officer entcr*to h*e'flic liiuo ri;,'l]t of aiitlieiH-e in Kanie nmnncr as in (liitario or l^'nelicc. 68 Rules of Court. («.) As to any evi lence taken by affidavit, by the production of office copies of the affidavits used. (6.) As to any evidence given orally, by the production of a copy of the Judge's notes, or such other materials as the Court may deem expedient. •■ ~ ~ — — 12. If, upon the hearing of an appeal, a question arise as to the ruling or direction of the Judge to a jury, the Full Court shall have regard to verified notes or other evidence, and to such other materials as the Court may deem expedient. 13. No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice the Full Court from giving such decision upon the appeal as may seem just. 14. No appeal from any interlocutory order shall, except by special leave of the Full Court, be brought after the expiration of tweiity^^ie days, and no other appeal shall, except by such leave, bel&rought after the expiration of four months. The said respective periods shall be calculated from the time at which the judgment or order is signed, entered, or otherwise pertected, or, in the case of the refusal of an application, from the date of such refusal. Such-i deposit or other security for the costs to be occasioned by any appeal shall be made or given as may be directed under spe'Mal circum-j stances by the Full Court. 15. An appeal shall not operate as a stay of execution or of pro- ceedings under the decision appealed from, except so far as the Court appealed from, or '3Jiy> ^\dgsJhej :sof, or t he FHlj_Coui' t. may so order; and no intermediate act or proceeding shal flae^invalidatea, except so fai- as the Court appealed from may direct. ORDER LIX. Effect of Non-compliance. 1. Non-compliance with any of these Rules shall not render the proceedings in any action void unless the Court or a Judge shall so direct, but such proceedings maybe set aside either wholly or in part as irregular, or amended, or otherwise dealt with in sncli manner and upon such terms as the Court or Judge shall think lit. 2. The Court or a Judge may at iiiiy tjiiie, and on such terms as to costs or otherwise may seem jflSff amend a. 13' defect or error in any proceedings ; and all amendments may be made as are necessary for the purpose of determining the real question or issue raised by or depending on the proceedings. [.!>'ei^ SrSitdaTa 1^^^^ i^^MP^ ^^^ not render the Judge shall so ler wholly or in with in siK'li Ishall think lit. such terms as )ct or error in us are necessary Issue raised by I, A^Txl, 1880.] /"V^^^ \^ ^/fu/ ff- '^/ €y}X^ I f- ., P r-at-Law in this us Counsel ;it Lurt authorizt'il lorn by I'mri- If theSuperiur \3. ;>fi / 'i'l;: I'tt $t. If oral, from JudKe'a notes, or as the Court may direct, 410. Such notes or other "vailable evidence niay bo used on appeals from a Judge's ruling. 4U. Interlocutory order, unappealed from, not to affect power of Full Court as to giving judg- ment 412. Witliout special leave, no appeal from interlo- cutory order after 21 days, and No other appeal after 4 months. Security for coats to be In discretion of Full Court, 413. Appeal not a stay of execution, and no in- termediate acts invalid except otherwise ordered . 68 (a.) As offi (6.) Ab of ma 12. D,' ruling or regard t( materials 18. No appeal sh giving 8U 14. N special Ic t.wenty-o be broug periods s order is ; the refus deposit c shall be stances 1 15. A ceedingt Court aj so order except s 414. Non-compliance with rules shall not avoirii by Biuris- the Supci'ior i - !';! Ill I, 2. 3. .year, appoii Bulbs of Court. 0# 417. 2. Vacations in the Supreme Court and Offices shall be abolished, vocations nhoiiBhed 3. The offices of the Coxirt shall be open on every dny of the 418. year, except Sundays, Good Fridjiy, Christmas Day, public holidays offlces of court open appointed by Statute, and all days appointed by proclamation to be anli'ho'irdoys.tiE'''''" observed as days of general fast, humiliation, or thanksgiving. 4. Nothing in these Rules shall aftcct the practice or procedure in Divorce or other Matrimonial Causes. 5. Bills of exceptions and proceedings in error are abolished. 419. Bulea not to affect Divorce cauaeo, 420. Dills of exception, etc., abolished. Pending Proceedings. 6. As to pending proceedings in Common Law cases, — (a.) Where no declaration has been delivered prior to these Kules coining into force, the action shall be continued as if commenced under these Rules : (/).) In other cases, the action shall be continued, under the the practice existing before the Act, up to the close of the plead- ings,! andaiUxiljiU;^^^ under these Rules; -subject however to a Judge's order, at the instance of either party, to proceed at any stage under these Rules. 7. Am to pending pioceedings in Equity, — (a.) All pending suits in which replications have been filed or notices of motion for decree given prior to the coming into force of these Rules, are to be continued as if these Rules bad not been made: {b.) All pending suits in which no replication has been filed or notice of motion for decree served prior to the coming into force of ihcse liules, are to be continued, except otherwise provided, as if these Rules had not been passed, up to but not inclusive of repli- cation or noticj of motion for decree, and t|iencclorward under these Rules. 421. Pendlnjf proceedings at Common Law: Where no duclamtion delivered liefore Rules comiiiy in force, action to proceed under these Uulcs. In other ca^en, action to proceed under fonner l)ractice up to issue, and afterwards under these Uules, subject to order at any stage to so proceed. 422. In Equity: Wherv replications or notice o( motion for decree have been filed or served prior to Rules, suits to bo under old practice. When no such replica- tions or notices filed or served before Rules, old practi<'e to be used up to tunc for replication or notice, and afterwards new Kules to be followed. i \ I J ...... (c.) Any party to a i)etiding cause may apply by summons at on application, cause /,l^ 1 '',, , X- • \ r ,.•' ^ '"',•' . ,. may be ordered to pro- Inamljcrs that tor special reasons a diroction may he given tor con- cced under these Rules, tiuuiug such cause according to these Rules. ORDER LXI. These Rules may be cited as "The Supremo Court Rules, 1880," 423. and may be severally (quoted or cited by the numbers of _ the ^;',li'ti"„y.*""^^ ""'"""''" Order and Rule thereunder, or by the number of the Rule as given ill the margin. 424. Appcixllccs part of Rules. The Appendices hereto shall form part of the Rules. ORDER LXIT. l.NTEUl'RF.TATIOX OF TeIIJI^;. Tlie piovibious of the 21st section of the Act shall apply to these Kules. 425. Interpretation clause, * >■;; M RuiBS or GouHT. ijii:*! I' ! ' : ! In the construction of these Rules, unless there is anything in the subject or context repugnant thereto, the several words hereinafter mentioned or referred to shall have or include the meanings follow- ing:— "Person" shall include a body corporate or politic: "The Court" shall include and mean the Fnll Court in matters or proceedings assigned to the Full Court by the Act or by these Rules, or in any proceedings or forms thereof which may be applicable to or used by the Full Court. "Appeal" shall, when not inconsistent with the context, include "re-hearing," and either term may be used when applicable. " Probate actions " shall include actions and other matters relating to the grant or recall of probate or of letters of administra- tion other than common form business: "Proper officer" shall, unless and until any Rule to the contrary is made, mean an officer to be ascertained as follows: (a.) Where any duty to be discharged under the Act or these Rules is a duty which has heretoiore been discharged by any officer, such officer shall continue to be the proper officer to discharge the same: (6.) Where any new duty is under the Act or these Rules to be discharged, the proper officer to discharge the same shall be such officer, having previously discharged analogous duties, as may be directed to discharge the same by any Judge of the Court. " Registrar" shall mean and include the Officers acting as Regis- trars or Deputy Registrars of the Supreme Court of British Columbia, and shall include "Taxing Officer." "The Act" or " the said Act" shall mean the "Judicature Act, 1879." ^Nole referred to in Rule 74 ante. J'j tract from Section 34, Imiierial Statute — " The Supreme Court of Judicature Act, 187i}."] U There shall be assigneil to the Chancery Division of the High Court ot Justice : (1.) All causes and matters pending in the Court of Chancery at the commencement of this Act : (2.) All causes and matters to be commenced alter the commence- ment of this Act, under any Act of Parliament by which exclusive jurisdiction, in respect to such ciiuscs or matter;*, has been given to the Court of Chancery, or to any .Judges or Judge thereoi respectively, except a[ipeals from County, Courts: ~ ~ .- - " - nything in tho da liereinnfter lauingg foUow- urt hi matters the Act or by thereof which rt. outext, include ben applicable. natters relating of adniinistra- to the contrary 61 lows: dor the Act or Ben discharged [)e the proper f 1 K'.'.'X. or these Hules large the same rged analogous same by any 3tiug as Regis- anrt of British udicature Act, .,»'■•»• i£5 CD 34, Imperial 187ii."] the Chancery f Chancery at he commence- jnt by which IS or matter:', to any J iidges from Comity, "J (3.) A In Appi Uiide "For app itig (luplic inserted. Rum OF OovRT. ) , 61 (3.) All causes and matters for any of the following purposes : The administratiou of the estates of deceased persons ; The dissolution of partnerships or the taking of partnership or other accounts ; The redemption or foreclosure of mortgages ; The raising of portions, or other charges on land ; The sale and distribution of the proceeds of property subject to any lien or charge ; The execution of trusts; charitable or private ; The rectification, or setting aside, or cancellation of deeds or other written instruments ; The specific performance of contracts between vendors and purchasers of real estates, including contracts for leases; The partition or sale of real estates ; The wardship of in&nts and the care of infants' estates. J . 1 ERRATUM. In Appendix H hereto— Under the heading Fees Payable to the Crown, the item "For appearance entered, and filing memorandum thereof^ and seal- ing duplicate" shall be read as if the last three words had not been inserted. I id:: L..J CD { 1 C3 II I 1 ■' •«« ...J !.:- - mwr— IS!... I 1 I-- tzx:.: :r3 C3 1 1' ;;& In the Sup Betwe Victoria, I To C. . We comr writ ou yoi ance to be ( notice, that and judgme Baillie Begl Memoranc N.B.— ' The de Indorsemei The plaini This writ plaintiff, wh plaintiff in p Service" is] Indorsemeti This writ defendants], Forms. o. APPENDIX (A) PART I. WRITS OF SUMMONS, &c. No. 1. In the Supreme Court of British Columbia. Between A. B. PlaintiflP, and 0. D. and E. F. Defendants. Victoria, by the eraco of God, of the United Kingdom of Groat Britain and Ireland, Queon, Defender of the Faith. To C. D. of and R F. of Wo command you. That within eight days after the service of this writ on you, inclusive of the day of bucIi service, you cause an appear- ■ince to be entered for you in an action at the suit of A.B.; and take notice, that in default of your so doing the plaintiff may proceed therein, and judgment may be given in your absence. "Witness, Sir Matthew Baillie Begbio, Knight, Chief Justice, the day of 18 Memorandum to be subscribed on the icrit. N.B. — This writ is to be served within twelve calendar months from the date thereof, or, if renewed within six calendar months from the date of such last renewal, including the day of such date, and not afterwards. The defendant [or defendants'] may appear hereto by entering an appearance [or appea ranees'] cither personally or by solicitor at the office of the Eegistrar of the Court at Indorsements to be made on the xorit before its issue. The plaintiff's claim is foi*, <('C. This writ was issued by E. F., of plaintiff, who resides at plaintiff in person who resides at Service" is] Indorsement to be made on the writ after serviee thereof. Tills writ was served by A'. Y. on C. I), [the defendant or one of the defendants], on Monday, the day of , 18 , (Signed) .1'. Y. solicitor for the said , [or, this writ Avas issued by the , or, whose "Address for i 1 J UA ex: :■ I ii i\ lii! U i t \ f XL Forms. 2. Writ for service oiit of jurisdiction, or where notice in lieu of service is to be given out of jurisdiction, [Heading aa iu Form No. 1.] To C. D. of We command you, C. D., That within [inseii. number of days directed by Court or Judge ordering the service or notice'] after the service of this •writ [or notice of this writ, as the case may be"] on you, inclusive of the day of such service, you cause an appearance to be entered for you in an action at the suit of A. B.; and talce notice, tliat in default of your 80 doing the plaintiff may proceed thoreiu, and judgment may be given in your absence. Witness, &c. Memoranda and Indorsements, as in Form No. 1, to be made on the writ before the issue thereof, N.B. — This writ is to be used where the defendant or all the defendants or one or more defendant or defendants is or are out of the jurisdiction. When the defendant to be served is not a British subject and is not in British Dominions, notice of the writ and not the writ itself is to be served upon him.'} 3. Notice of Writ in lieu of service to be given out of the jurisdiction, [Heading as in Form No. 1, omitting the words " Victoria," &c.] G. H. of Take notice, that A. B. of has commenced an action against you, G, H., in the Sui^reme Court of British Columbia, by writ of that Court, dated the day of , a.d. 18 ; which writ is indorsed as follows [copy infill the indorsements'], and you are required within days after the receipt of this notice, inclu- sive of the day of such receipt, to defend the action by causing an appearance to be entered for you thereto; and in default ot your so doing, the said A, B. may proceed therein, and judgment may bo given in your absence. You may appear to the said writ by entering un appearance person- ally or by your solicitor at the office of the Itegistrar of the Supreme Court, at (Signed) A. B. of X. or, y. of Solicitor for Indorsement after Service, This notice was served by me at on 18 on the defendant (Signed) dr. i(C. A.B. T.B. [Address.] N.B. — This notice is to be used when the person to be served is not u British subject and is not in British Dominions, service is to be f days directed service of this iclusive of the •ed for you in efault of your ; may be given ade on the torit the defendants he jurisdiction, t and is not in is to be served urisdicfion, la," &c.] need an action imbia, by writ , A.l). 18 i tents'], and you 3 notice, inclu- by causing an It ot your so may bo given iranco person- the Supreme dr. or, iiC. ;or for A. B, Jant I T.B. Address.] served is not « 1 .*..! o'umr.r (F( Tho P The f( Andt for costfi agent w bo Btaye ThisT (Add In the 81 Seal re [Copy i In the Su Enter r in this ac The ph [or the ac nis addrc Tho sa claim to I Enter j his defon( mens, nai require) n under Ei carry on Dated, (Indors Forms. ni. 4. Specinlhj Indorsed IVrlt. (Follow Form No. 1 down to tho Iiidoi'somcnts and addrosH.) Tho Plaintiff's claim is Tho following aro tho particulars; — And the sum of $ (,or such sum as may bo allowed on taxation) for costs. If the amount is paid to the Plaintiff or solicitor or agent within four days from the service hereof further proceedings will bo stayed. This Writ was issued by, &c. (*S't'e Form 1.) (Add indorsement of service. See Form 1.) Memo, for renewed Writ. In the Supreme Court of British Columbia. Between A. £., Plff, and C. D., Deft. Seal reuewed writ of summons in this action indorsed as follows:— [Copy original torit and indorsetnents.'] 6. Memo, of Appearance. In the Supreme Court -of British Columbia. A. B. V. V. D., and others, Enter r,n appearance for in this action. day of X Y., Solicitor for the Defendant. The place of business of X Y, ic [or the address of C. D., Defendant in person, is ] and his address for service is Tho said defendant [requires, or, docs not require] a statement of claim to be delivered. t ^ I 'flmm [Title, &c.] Enter an appearance for 6'./)., defendant in tiiis action (who limits his defence to part only of tho property mentioned in the Writ of Sum mens, namclj', to ), and the defendant requires {or does not require) a statomcut of claim to be delivercii, {or if served with an order under Eule 354), (who has been served with an order dated, &c., to carry on and prosecute the proceedings in this action). Dated, &c. (Indorsement of address as in Form 6, supra.) IV. Forms. 7. In the Supreme Coart of British Columbia. Between A. li., plaintiff, and C. jD., and E. F., defendants. The defendant C. D. limits his defence to part only of the property mentioned in the writ in this action, that is to say. Yours, (ic, G.H., Solicitor for the said defendant 0. D. To Mr. X. Y., plaintiff's solicitor. PART II. SECTION I. 8. Gknebal Indorsements. [Under Eule 13.] 8a. Creditor to administer Estate. The plaintiff's claim is as a creditor of ^V. Y., of deceased, to have the [real and] personal estate of the said X. Y. administered [on behalf of nimself and all other the creditors of the said A'.Y.'^ The defendant CD. is sued as the administrator of the said .\'. Y. [and the defendants E,F. and Cr.H. as his co-hoirs-at-law]. 8b. Legatee to administer Estate. The plaintiff's claim is as a legatee under the will dated the day of 18 ,of XF. deceased, to have tho.[rcal and] personal estate of the said J^.Y, administered, 'the ciotcudiint 0.1). is sued as the executor of the said X.Y. [and the defendants E.F. and Ci.il. as his devisees]. 8c. Partnership. The plaintiff's claim is to have an account taken of the partnership dealings between the plaintiff and defendant [under articles of partner- ship dated the day of ] , and to have the aflairs of the partnership wound up. 8d. By Mortgagee. The plaintiflf's claim is to have an account taken of what is due to ■ him for principal, interest, and costs on a mortgage dated the day of ', made between [or by deposit of title deeds], and that the mortgage may be enforced by foreclosure or sale. 8e. By Mortgagor. The plaintiff's claim is to have an account taken of what, if anything, is due on a mortgage dated , and made between [parties], and to redeem the property oomprised therein. the property ndant C. J). i 1 deceased, to nistercd [on .r. r.] The '. V. [and the the nd] personal i sued as the Cf.H. as his lillHW partnership i of partner- iffalrs of the lat is due to ho day f title ileeds], ale. if anything, BD [parties]. The Forms. t. 8k'. Jtaising Portions. Tho plnintitl'H clftim in Umt tlio sum of 8 , which by «n indonturo ofsottloiiu'tit (luted , \VH8 provided for tho portious of tho younger childron of may be raised. 8a. Execution of Trusts, The pluintitr'H claim iB to have tho trusts of an indonturo dated , and made between carried into exooutiou. 8d. Cancellation or Rectification, Tlio plaintiff's claim is to hnvo A deed dated and made botwooii {jpiirtivs^ Hot aside or roctifiod. 8i. Specific Performance, Tho plaintiff's claim is for spocifiu porforninnco of nn ni;rcomont datod tlio day of . for tho sale by I ho plaintiff to tho defendant of certain [freehold] hereditaments at SECTION II. 9. Money Cltiim^ u-hcre no special Indorsement under Rules 16 and 17 \or Order flL, Rules G d- 7]. Ihc plaintiff's cluim is S for the price of goods sold. [This Form sliall tuiflice ultcther tlic dulm he in raspect of rjoods sold and delivered, or of (jooils hitrgdined and nold.] <* Tlio pliiintiff's cluim is 9 Whereof 8 is for the price of yoods sold, and 8 for money lent, and 8 for interest. [Or, «■< the case may l>c.'] For a return of money entrusted to the defendant as agent of the plaintiff. Ayainst tho defendant as a del credere agent for the price of goods sold [oc as. losses under a jyolicij]. For money paJi*M;^,undcr an award. For money dopo^itcl^ with the defenilant as a banker. For board and lodging. I'or tho board, lodging, and tuition of .1'. T. Upon a bill of exchange accepted [or indorsed'] tor the defendant's accommodation. r])on a cheque drawn by the dcfcntlant. L'j)on a bill of exchange accepted [nr draim or indorsed] by the defciulanl. T'jion a jn'oniissory nolo made [or imhirscd] by the defendant. AgaiiiHt the dcfonilant .1.//. as acceptor, and against tho defendant (.'.IK as drawer ['■>)• //(/'D'-i'/'J ol a liiil of exchange. Uj)Oii a biiiul lu securi' pa\'nKMit of :? 100(1, ami interest. For conimiMsion earned as [^itdc churuvtcr, i(S auctioneer, collector, ljro/;cr, ilv.]. For the carriage of goods by railway. For u contribution iu respect of money paid by the plaintiff us surety. Goods sold. Several denunds. Agent. Award. Banker's balance. Board and lodging. Board and scV-iIlng. Bills of i!xcha.i etc. Bond. Commission. Carriage o( goods. CoDtiibution by sutsty. K.-..X: I V..,'-:) llv.i illllWI I. I, VI. FOBMS. Contribution by co- debtor. Oillf. Crops, etc. Freigiit, etc. Feeg, etc., as solicitor. Fees of ofllco. Fraud. Failuni o( consideration. Foreign Judj^nent. General average. Hire of goods. Interest, Lighterage. Life policy. Medical attendance. Money lent. Money received . Money over-paid. Mistake. Penalties. Premiunis. Surety. Rent paid . Salarj', etc. StaItir(> in Hcu of ■ii'rrii'c (i/lon-cd, in-^rrf I he time for appearance Uniitcd hy the order] I'roin tho sorvico hereof, further procood- iugs will bo lilaycd. lintiff and the by the defen- a solicitor. le office of fraud. \rk to be done, to be allotted, ice of Quebec. eased. r factor y or col- B of goods by i'l s ike. iDce. the defendant ears of rent, or E.F. as travel- !• i Stakeholder. p, and become :x: sold, the defendant )C paid to tbo /»(• serrcd out llic time for Lhor proceed- ■m S*0»MS. vn. SECTION IV. U. Damages and other Claims. The plaintiffs claim is — .-!■ or \- as the case may be. The plaintiff's claim is for damages for Breach of a contract to employ the plaintiff as traveller. [or, as the case may be ] Wrongful dismissal from the defendant's employment as traveller [and $ for arrears of wages']. The defendant's wrongfully quitting the plaintiff's employment as manager'. Breach of duty as factor [or, (tc.'] of the plaintiff [and for 9 money received as factor, if-c.]. Breach of the terms of a deed of apprenticeship of JC. Y. to the de- fendant [or plaintiff]. Non-compliance with the award of X 1'. Assault [and false imprisonment, and for malicinua proseciition"]. Assault and false imprisonment of the plaintiff CD. Assault by the defendant CD. Negligence in the custody of goods [and for wrongfully detaining the same]. Wrongfully neglecting [or refusing] to pay the plaintiff's cheque. Bi'each of a contract to accept the plaintiff's drafts. Upon a bond conditioned not to carry on the trade of a Refusing to carry the plaintiff's goods by railway. Refusing to carry the plaintiff by railway. Breach of duty in and about the carriage and delivery of coals by railway. Breach of duty in and about the carriage and delivery of machinery by sea. Breach of charter-party of ship [Mary]. Infringement of the plaintiff's copyright. Libel. Slander, For return of household furniture, or, &c., or their value, and for damages for detaining the same. For wrongfully depriving plaintiffof goods, household furniture, &c. For dower. I To recover possession of a house, No. in street, in the Uity I of Victoria; or of IGO acres of land, being the N.E. J of Lot 2, ' Township .'5, Now Westminster District. To establish his title to [here de-'urchase2 land. Broach ot contract to soil [or purchase] the lease, with goodwill, fixtures, and stock in trade of a public house. Breach of covenant tor title [or for ipiiet enjoyment, or, dc] in a conveyance of land. Wrongfully taking away the support of plaintiff's land [or house, or mine.] Wrongfully entering the plaintiff's laiul and drawing water from his well [or cutting his gra.-^s, or pull'iuj (Iowa his timber, or pulling down /lis fences, or rcmoring his giiie, or using his road or path, or crossing his field, or depositing sand, there, or carrying away gravel from thence, or carrying away .stones from his rircr. Wrongfully dincharging Avatcr upon the plaintiff's land [ as a medical iff. he plaintiff , C. i servants, lant's railway ion, from the death of the r on the de- nt's servants. ■ [noxious va- t's works [.or 'or wrongfully )/ the right to ill, 1 '■ZD r other breitch ;t: til goodwill, 3/", for principru and interest duo under a covenant. The follow iiiy are tlio particulars: — Deer (lated covenant to \)i\y SIOOO aud interest. X incipal due 8bi.'0 Interest , ^^-), \.^ The following «635 10 . 74 06 , «709 15 45 00 .8664 15 i F. as priucipal >f goods sold to 'ice of •woollen 8147 15 405 14 14 12 34 00 41 as maker of a B by defendant, 8750 8 acceptor, and igc. 'i'Jic U)\- r-l, drawn by payublo threo ... 85000 upon a borid. it of aioro on .. 8550 i tyu^u.'^'cZ- % « /tJv^'^^:^*** Av? "i^ /SCi^T^f**^^ A/" >**^ ^ ^i^^.;/t4 >^/ >^^^^ j'r^^^tl^'''^'^ •Tr c^-^h*^ /^^J( ',it c ^ c^njfj'^ T uTtLc^^^Cy^ aiuT f f./C.^ «^^< ¥v ^-^ -K, ^ ^_ "^c /^-^^ , ^^^ /^ fc^ . f-. UJo-rrvC' ,(lAAf-±Jt.«.4..^tjL^ 'TiX *tnJ ::.0 i.KhtM ■t ■ I duo under a ,. 8s(;o 'c Forms. tL SECTION VII. 14. Indorsements of Character of Parties under Rule 14. The plaintiff 'h claim is as exooutor [or administrator'] ot C, W., deoeased, tor, &c. The plaintiff's claim is against the defendant CD., as exooator [or, d-c] of J'J.F., deceased, for, &c. The plaintiff's claim is against the defendant CD., as exeontor of X.Y., deceased, and against the defendant E.F., in his personal oapaoity, for, &c. The claim of the plaintiff CD. is as executrix of JC. Y., deceased, and the claim of tho plaintiff A.B. as her husband, for The claim of the plaintiff is against the defendant CD., as executrix of A'. Y., deceased, and against tho defendant A. B., as her husband, for The plaintifi"s claim is as trustee under the bankruptcy [or as assignee in insolvency] of X. Y,, for The plaintiff's claim is against the defendant as trustee under the bankruptcy of X, Y., for The plaintiff's claim is as [or the plaintiff's claim is against thedefendant as] trustee under the will of ^?. Y. [or under the settlement upon the marriage of M.W. and A''. Y., his wife]. Tho plaintiff's claim is as public officer of the Bank, for Tho plaintiff's claim is against the defendant as public officer of the Bank, for The plaintiff's claim is against tho defendant RF. as principal, a ainst the defendant CD. as public officer of tho Bank, and as against surety, for Tho plaintiff's claim is against tho defendant as heir-at-law of X.Y., deceased. The plaintiff's claim is against tlio defendant CD. as heir-at-law, and against the defendant E.F. as devisee of lands under the will of X.Y. The plaintiff's claim is as well tor the Queen as lor himself, for .1 - ■:z> zn. Forms. 1 ■( , APPENDIX (B). NOTICES, &c. 15. Notice by Defendant to Third Party. [Rule 104.] In the Supreme Court of British Columbia. Between A.B., plaintilf, and CD., defendant. To Mr. .r. Y. Take notice that this action has boon brought by the plaintiff against the defendant [ns surety for M.N., upon a bond conditioned for paymeot of 82,000 and intorost to the plaintiff. The defendant claims to be entitled to contribution from you to tho extent of one-half of any sum which the plaintiff may recover against him, on tho ground that you are [his co-surety under tho said bond, i>r, also surety for the said M.N., in respect of tho said matter, under another bond made by you in favour of the said plaintiff, dated tho day of , A D. ] ]. Or [as acceptor of a bill of exchange for 81500, dated the day of , A,D. , drawn oy you before and aoooptod by the defendant, and payable throe months after date. The defendant claims to be indomniflod by you against liability under the said bill, on the ground that it was accepted for your accommoda- tion.] Or [to recover damages for a breach of a contract for the sale and delivery to the plaintiff of 1,000 tons of coal. Tiio defendant claims to bo indomnifiod bj' you against liability in respect of tho said contract, or any breach thereof, on tho ground tliat it was made by him on your behalf and as your agent]. And take notice that, if you wish to dispute tho plaintiff's claim in this action as against the defendant ('. I),, you must cause an appear- ance to be entered for you witliiu eight days after service of this notice. In default of your so appearing, you will not bo entitled in any future proceeding between the defendant ('. D, and yourself to dispute the validity of tho judgment in this action, whether obtained by consent or otherwise. Notice filed , 18 . (Signed) C. I). Or, A', v., Solicitor for the defendant, CD. Appearance to be entered at 16. Confession by Flaini iff of Defence. {Rule M8.) [Full title as in Form 1.] Tho ])laintiff confesses the defence stated in tiio paragraph of tiio dei'endant'H .statoniont of delcnco [or, of tlie defendant's furtlicr state- ment of defence]. (Add date, kc.) i; ' 104.] tt. plaintiff agninst lod for paymeDt om you to tiio 'ocover against said bond, or, matter, under ', datod tho tho day ^oooptod by the . liability under ur accommoda- >r the sale and Inst liability in ground that itifl"8 claim in 180 an appeiir- ) of tbis notice. 1 in any future o dispute tho by consent or C. 1). 3ndant, grapli of tho urtiior stalc- The pa and reme mcut upo (Add di Iiulorseme) "To the "Take: of the wit defence ar mont givei "Appea [Add lu the Sup Take nol says that tl tiff's claim ^ ' [Add dat To Mr. J. In the Supi Take not into Court (Add dat To In the Supi Bot' liiterrog! C.J).] for I G.JI; or pi 1. D 2. U Forms. xm. 17. Novice in lieu of Statement of Claim. (Rule 161.) [Full title as in Form 1.] The particulars of the plaintiff 's complaint herein, and of the relief and remedy to which he claims to be entitled, appear by the indorse- mcut upon the writ of summons. (Add date, &c.) 18. Indorsement on copy of Defence and Counter-claim to be served on third party. (Bule 167.) "To the within named JT.Y. "Take notice that if you do not appear to the within counter-claim of the within-namod CD, within eight days from the service of this defence and counter-claim upon you, you will be liable to have judg- ment given against you in your absence. "Appearances are to be entered at ," [Add date, signature, &c.] 18. Notice of Payment into Court. (Rule 210.) lu the Supreme Court of British Columbia. A.B. V. CD. Take notice that the defendant has paid into Court $ , and Bays that that sum is enough to satisfy the plaintiff's claim [or the plain- iifs claim for, 18 , before me. V (Signed) A.S. (SigD'^d) ) ■J APPENDIX (C.) 30. (^Referred to in Rule 121.) AoooDNT Stated. In the Supreme Court of British Columbia. Writ issued 3rd August, 1875. Between A. £., Plaintiff, and E. F., Defendant. Statement of Claim. 1. Between the 1st of January and the 28th of February 1875, the plaintiff supplied to the defendant various articles of dra.pery; and accounts and invoices of the goods so supplied, and their prices, were from time to time furnished to the defendant, and payments on account were from time to time made by the defendant. 2. On the 28th of February, 1875, u balance remained due to the plaintifi' of 8750, and an account was on that day sent by the plaintiff to the defendant showing that balance. 3. On the 1st of March following, the plaintiff's collector saw the defendant at his house, and asked for payment of the said balance, and the defendant then paid him by cheque §25 on account of the same. The residue of the said balance, amounting to $725, has never boon paid. The plaintifi claims S . The plaintiff proposes that this action should be tried at .;:.D Il.i,!,- 1 . H, ! I svm. Forms. 31. Administbation of Estate. In the Snpreme Court of British Columbiu. Writ issued 22d Docombor, 1876. In the matter of the estate of A.B.^ deceased. Between E.F., Plaintiff, and 6'.//., Defendant. Statement of Claim, 1. A.B. of K., in the county of jD., died on the 1st of July, 1875, inteH- tate. The defendant, G.H. is the administrator of A.B. 2. A.B. died entitled to lands in tho said county for an estate ot feo simple, and also to some other real estate and to ))er8ontil cstalo. Tho defendant has entered into possession of the real estate of A.B., and received the rents thereof. The legal estate in such real estate is out- standing in mortgagees under mortgages created by tho intestate. 3. A.B. was never married; he had one brother only, who prede- ceased him without having been married, and two sisters only, both of whom also predeceased him, namely M.JV. and P.Q. Tho plaintiff is the only child of M.JV., and the defendant is tho only child of P.Q. The plaintiff claims — 1. To have the real and personal estate of A.B. administered in this court, and for that purpose to have all proper directions given and accounts taken. 2. To have a receiver appointed of the rents of his real estate. 3. Such further or other relief as the nature of tho case may require. The Plaintiff proposes that this action should be tried at [Title as in Claim, omitting date of Writ.] Statement of Defence. 1. The plaintiff is an illegitimate child of M.N. She was never married. 2. The intestate was not entitled to any real estate at his death. 3. Tho personal estate of tI.^. was not sufficient for the payment of his debts, and has all been applied in payment of his funeral and testa- mentary expenses, and part of his debts. Title as in Defence,] Plaintiff's Reply. The plaintiff joins issue with the defendant upon his defence. 32. Administration of Estate. [Title as in Form 2.] Statement of Claim. 1. A.B. of K., in the county of L., duly made his lust will, dated the Ist day of March, 1873, whereby he appointed the defendant and MN. (who died in the testator's lifetime) executors thereof, and devised and bequeathed his real and personal estate to and to tho use of his executors in trust, to pay the rents and income thereof to the plaintiff for bis life; and after his decease, and in default of his having a son who should attain 21, or a daughter who should attain that age, or i. It. ily, 1875, inteH- ti estate ot fco il estate. The e of A.B., and [ estate is out- iutcstate. ly, who prcde- } only, both of L'ho plaintiff is ild oiP.Q. nistered in this irections given 'eal estate, the case may at he was never his death. payment of oral and testa- fence. vill, dated the lant and MN. d devised and ho use of his o the plaintiff having a son that age, or O marry testftto would of tlio 2. T provci not boi ;}. T tho (Icf got ill Tho 1. Tlfo 1. A.] entitled which p soimi cs sum of tho sum CBtato in some of and sent and offo accounts dofendan The pli Betwei 1. W.I the 19th executor; trust, to pay his (1 ultitnato to each c stand pc children l;li Forms. xv(. marry, upon trust nn to his ronl estate for the porson who would be the testator's hoir-in-Iftw, and ns t« his porsonnl oHtiito for tlto persons who would 1)0 the tosttitor's next of kin if lie liml died inlestate at tlio timo of the deatli of the phiintl T, and stieli lailiire vi liis issuct as aforesaid. '2. The loBtator died on tlie Ihi ij.i}- of July, IH7.'i, and ids will was proved hy the defendant on the 4th of Oetoher, ]87:{. The plaintiff has not been married. U. The testator was at Ids death entitled to real and personal estate; the defendant entered into the recci|>t of the rents of the real estate and got in the personal estate; ho has sold some part of the real estate. The plaintiff' claims — 1. To have the real atid personal estate of ^1./?. administered in this Court, and for that purpose to have all proper direetions given and accounts taken. 2. Such further or other relief as tho nature of the case may require The Plaintiff proposes that this action should ho tried at [Title, &c., as in Claim, omitting date of issue of Writ.] i^taiemenf of Defenre. 1. A.B.'n will contained a chari^o of dehts; ho died insolvent; he was entitled at his death to some real estate which tho defendant sold, and which produceil tho net sum of 84;{0(), and tho testator had some per- sonal cstoto which tho defendant got in, and which produced the not sum of 81204. Tho defendant applied the whole of tho said sums and tho sum of $84 which tho defendant received from rents of tho real estate in tho payment of tho funeral and testamentary expenses and some of the debts of tho testator. Tho defendant made up his accounts and sent a copy thereof to tho plaintiff on tho 10th of January, 1875, and offered tho plaintiff f'roo access to tho vouchors to verify such accounts, but ho declined to avail himself of the defendant's offer. Tho defendant submits that the plaintiff ought to pay tho costs of this action. [Title, &c., as in Defence.] Reply. The plaintiff joins issue with the defendant upon his defence. 1 J ':^ .;p 33. ADMiNisTt ' TioN OP Estate. In the matter of the exrtate of W.H., deceased. Writ issued 22nd Hecember, 1876. Between A.B. and 0. his wife Plaintiffs, E.F. and G.H. Defendants. Statement of Clam. 1. W.H., of H,, in tho county of L., duly made his last will, dated tho 19th day of March, 18G1, whereby ho appointed the defendants tho exocutorH thereof, and hoqueathed to"^ tlieni all his personal estate in trust, to call in, sell, and convert the fiunio into money, and thereout to l^y his debts and funend and lostaineiitary expenses, and to divide tho idtiinate surplus into three shares, and to i)ay one of such three shares to each of his two children, T.ll. and J)., the wife of E.W., and to stand possessed of tho remaining third share upon trust for tho children of the testator's son J.H, in equal shares, to ho divided among u< 8 -1 I r, U ill!'' I IX. Forms. them when the youngest of such children should attain the age of 21 years. And the testator devised his real estates to tiie defendants upon trust until the youngest child of the said J.H. should attain the age of 21. years, to pay one-third part of the rents thereof to the said T.H., and one other third part thereof to tlie said E.\V"., and to accumulate the remaining third part by way of compound interest, and so soon as the youngest child of the said J.H. should attain the ago of 21 years, to sell the said real estates, and out of the proceeds of such sale to pay the sum of £1,000 to the said T.H., and to invest one moiety of the residue in manner therein mentioned, and stand possessed thereof in trust to pay the income thereof to the said E., the wife of the said E. W., during her life for her seijarate use, and after her death for her children, the interests of such children being contingent on their attaining the age of 21 years, and to divide the other moiety of such proceeds of sale and the accumulations of the third share of rents therein-before directed to be accumulated among such of the children of the said J.H. as should be then living, and the issue of such of them as should bo then dead, in equal shares ]}ov stirpes. 2. The testator died on the 25th day of April, 187.3, and his said will was proved by the defendants in the month of June, 187.3. 3. The testator died possessed of one third share in a leasehold colliery called the , and in the machinerj', engines, stock in trade, book debts, and effects belonging thereto. He was also entitled to real estate, and other personal estate. 4. The testator left T.H. and E., the wife of E.W., him surviving. J.H. had died in the testator's lifetime, leaving four children, and no more. The plaintift' C.B, is the j'oungest of the children of J. H., and attained the age oi' 21 years on the 1st of June, 1871. The other three children of J.H. died Avithout issue in the lifetime of the testator. 5. E. W. has several children, but no child has attained the age of 21 yearf. G. T. H. is the testator's heii'-at-law. 7. The defendants have not callod in, sold, and converted into money the whole of the testator's personal estate, but have allowed a co.'- siderablo part thereof to remain outstanding; and in particular the testator's interest in the said colliery, but have, from the death of the testator to the present time, continued to work the same in partner- ship with the other persons interested therein, and the estate of the testator has sustained considerable loss by reason thereof. 8. The defendants did not upon the death of the testator sell the testator's furnitui'o, plate, linen, and china, but allowed the testator's widow to possess herself of a great part thereof, without accounting for the same, and the same has thereby been lost to the testator's estate. 9. The defendants have not invested the share of the testator's residuary personal estate given by his will to the children of the testa- tor's son J. H., and have not accumulated one third of the rents and profits of his real estate as dircotod by the said will, but have mixed the same share and rents with their own moneys, and employed tiiem in business on their own account. 10. The defendants have sold part of the real estates "* the testator, but a considerable part thereof remains unsold. 11. A receiver ought to be appointed of the outst.inding personal estate of the testator, and the rents and profits of bin real estate remain- ing unsold. The plaintiffs c'aim: — 1. That the estate of the said testator may bo administered, and the trusts of his will carried into execution under the direc- tion of the court. 2. That it may be declared that the dotendant8,.by carrying on the business of tho said colliery instead of realising the same, he age of 21 ondants upon ill the age of 10 said T.H., accumulate id BO soon as of 21 years, ch sale to pay loiety of the ed thereof in (' the said E. death for her ;ent on their loiety of such hare of rents the children such of them 1 his said will 1 a leasehold lerj', engines, He was also im surviving, drcn, and no of J. H., and le other three testator. the ago of 21 !d into money owed a coi'- irlicular the the death of nc in partner- estate of the ator sell the le testator's it accounting he testator's the testator's of the testa- he rents and have mixed ployed tlicin oho testator, ing personal state romain- listored, and or the direc- rying on tho ig the same, Forms. xzi. have committed a breach of trust, andthatthe parties interested in the testator's estate arc entitled to the value of the testator's interest in the said partnership property as it stood at the testator's death, with interest thereon, or at their election to the profits which have been made by the defendants in respect thereof since the testator's death, whichever shall be found most for their benefit. That an account may be taken of the interest of the testator in the said colliery, and in the machinery, book debts, stock, and effects belonging thereto, according to the value thereof at the testator's death, and an account of all sums of money received by or by the order, or for the use of the defendants "^t either of them, on account of the testator's interest in th- colliery, and that the defendants may be ordered to mak>. ^ ^d to the estate of the testator the loss arising from their net having realised the interest of the testator in the said colliery within a reasonable time after his decease. That an account may be taken of all other personal estate of the testator come to the hands of the defendants, or either of them, or to the hands of any other person I)}' their or either of their order, or for their or either of their use, or which, but for their wilful neglect or defiault, might have been so received; and an account of the rents and profits of the testator's real estate, and the moneys arising from the sale thereof, possessed or received by or by the order, or for the use of the defendants, or either of them. That the real estate of the testator remaining unsold may be sold under the direction of the court. That the defend [Title as in Claim, omitting date of issue of Writ.] Staff iiinit (if Dc/i'iirc iir dcl'encc. e therein the ieavoured to but the other ndants there- it accountant, t)le to obtain the concern; ) due to the of the year . Y., iind T.Y. applications ilcd their bill and T. Y., 1 the testator ht bo wound was revived iding. d to the best id they deny havinf; been 3urt as to the le realization graph of the th of the tes- I, and also all !, which were ceeds of such ' being under plate. of the state- jy til cm, or lid by them and Co., and linaftcr nicn- i« necessary thoy there- mulatiou as ho testator's fondants, or mployed in in the said ri got in. uf 21 years, amounting occived the of this action rred and to tlU'o. Inth( Forms. jOtaL 84. AOENT. In the Supreme Courfc of British Columbia. Writ iesued 3rd August, 1876. Between A.B. and Company Plaintiffii, and KF. and Company Defendants. ' Statement of Claim. 1. The plaintiffs aro manufacturera of artificial manures, carrying on business at , in the county of 2. The defendants aro commission agents, carrying on business in London. 3. In the early part of the year , the plaintiffs commenced, and down to the 18 , continued to consign to the defendants, ns their agents, large quantities of their manures for sale, and the defendants sold the same, and received the price thereof and accounted to the plaintiffs therefor. 4. Mo express agreement has ever been enterol into between the plaintiffs and the defendants with respect to the terms of the defendants' employment as agents. The defendants have always charged the plaintiffs a commission at per cent, on all sales effected by them, which is the rate of commission ordinarily charged by del credere agents in the said trade. And the defendants, in fact, always accounted to the plaintiffs for the price, whether they received the same from the pur- chasers or not. 5. The plaintiffs contend that the defendants are liable to them as del credere agents, but if not so liable are under the circumstances herein- after mentioned liable as ordinary agents. G. On the , the plaintiffs consigned to the defendants for sale a largo quantity of goods, including tons of 7. On or about the the defendants sold tons , at three of part of such goods to ono G.If. for 8 months ci'odit, and delivered the same to him. S. (t.H. was not, at that time, in good credit and was in insolvent circumstances, and the defendants might, i>y ordinary care and diligence, have ascertained the fact. 9. (iJI. did not pay for the said goods, but before the expiration of the said three months tor which credit had been given was adjudicated a bankrupt, and tho plaintiffs have never received the said sum of $ or any part thereof. The plaintiffs claim : — 1. Damages to tho amount of S 2. Such further or other relief as the nature of tho case may require. Tho plaintiffs propose that this action should be tried at [Title as in claim, omitting date of issue of writ.] St(iti')nent of Defence. 1. The defendants den}^ tliat tho commission of per cent, mentioned in panigrapli 4 of tho claim is tho rate of commission ordina- rily charged by drl crcdrrt- au'enis in tho said trade, and say that tho Ban\c is tho ordinaiy commisiaion for agents other than del credere agents, and they deny that they over accuiuitod to tho plaintiffs for the price of any goods, except after they had received tho same from the pur- chaeors. 2. The defendants deny that they wore ever liable to the plaintiff as del credere agents. (i4-. ■ i,iJ ■Mf .3 ::.y Li i itliii' \ ' ..»4. i ; iW A > .],..■ I t.. ■ 'It, ■ 111 Jcxlv. Forms. 3. With respect to the eighth paragraph of the plaintiff's statement of cliaira, the defeniliiriLs say that at the time of the stiid sale to the said G.ff., the said (i.lf. was a person in good credit. If it be true that the said fr.tf. was then in insolvent circumstances (which the defendants do not admit), the dcfondanls did not and had no reason to suspect the same, and could not by ordinary care or diligence have ascertained the fact. [Title as in defence.] The plaintiffs join issue upon the defendants' statement of defence 35. Bill of Exchange. I 1 ho Supreme Court of British Columbia. Writ issued 3i'd August, 1876. Between A.B. and CD Plaintiffs. and E.F. and G.H. Defendants. Statement of Claim. 1. Messrs. M.N. d' Co. on the day of drew a bill of exchange upon the dc<^ondant8 for § payable to the order of the said Messrs. M.N. ((■ Co. three months after date, and the defendants accepted the same. 2. Messrs. Af.JV. d- Co. indorsed the bill to the plaintiffs. 3. The bill became due on the , and the defendants havfc ot paid it. The ilaintiffs claim : — [Title.] Statement of Defence. 1. The bill of exchange mentioned in the statement of claim was drawn and accepted under the ciicuinstanccs hereinafter stated, and e-Kcept as hereinafter montioiiod there never was anj' consideration for the acceptance or payment thereof by the defendants. '2. Shortly before llio accoptaneo of the said bill it was agreed between the said Messrs. M.X. il' Co., the tirawers tiioreof, and the defendants, tiuit the said jNrcsai's. J/.A'. (IC/). sliould sell anil deliver to the defen- dants free on board ship at the port of , 1,200 tons of coals during the month of , and that the defendants should pay for tlic same by accepting the said Messrs. M.X. d' Co.'s draft for ? at six months. 3. The said Messrs. M.N. lO Co. accordiii^'jly drew upon the defen- dants, and the defendants accepted the bill ot oxchange now sued upon. i. The defendants did all things which wei'c necessar}* to entitle them to delivery by the saiil ilessi-H. M.X. <(• Co. of the said 1,200 tons of coals under their saici contract, and the time for delivery has long since elapsed ; but the said ilessrs. Jf.X. iirt llicrouf, bu": have always relu.sod Lo do so, wlioi'cby the con- sideration fur the defendant's acccpianco has AvhoUy tailed, ^. Tiio plaiiililVs first received the said bill, and it was tirst indorsoil to them after ii, was overdue. (!. The plaintill'n never gave any value or consideration for the said bill. tiff's statement sale to the said true that the the defendants 1 to suspect the ascertained the t of defenco *) 'laintiffs. defendants. drew a bill of to the order of the defendants the defendants ■iir- of claim wm er stated, and isidcration for ^rccd botwoon defendants, to the dofen- tons of couls mts should Co.'s draft for 10 III >n the defcn- w sued upon. entitle them 1,200 tons of las long since the same, or rob}' llio con- ii'fiL indortunl I'ur the Miiid 1 ^ ' ' 1 1 ]}*' W £,'ii:; Forms. ^V. 7. Tho plaintiffs took tho said bill with notice of the facts stated in tlio Becoud, third, and fourth paragraphs hereof. LTitlo.] Reply, 1. The plaintiffs join issue npon tho defendants' statement of defence. 2. The plaintiffs gave value and consideration for the said bill in man- ner following, that is to say, on the day of 18 , the said Messrs. M.K <(• Co. were indebted to the plaintiffs in about $ , tho balance of an account for goods sold from time to time to them. On that day they ordered of tho plaintiffs further goods to tho value of about 8 , which last-montionod goods have since been delivered to them. And at tho time of the order for such last- mentioned goods it Avas agreed between Messrs. M.N.ii- Co. and tho plain- tiffs, and tho order was received upon tho terms, that thoy should indorse and hand over to ihom tho bill of exchange sued upon, together with various other securities on account of the said previous balance, and tho price of the goods so ordered on that day. Tho said securit'es, including tho bill sued upon, wore thereupon on the swiio day indorsed and handed over to the plaintiffs. 36. * False Imprisonment. In the Supreme Court of Bi*itish Columbia. Writ issued 3rd August, 1876. Between A. li., Plaintiff, and £. /■'., Defendant, Statement of Claim. 1. The plaintiff is a journeyman painter. The defendant is a builder, having his building yard, and carrying on business at , and ior six months before and up to tho 22nd August, 187 the plaintiff was in the defendant's omploj'mont as ii journeyman painter. 2. On the said 22nd August, 187 , tiio said plaintiff came to worlc as usual in the defendant's yard, at about six o'clock in tho morning. 3. A few minutes after the plaintiff had so come to work tho defendant's foreman A'. V., who was then in the yard, called tho plaintiff to him, and accused tho plaintiff of having on tho previous day stolon a quantity of paint, the property of tlio defendant, from the yard. The plaintiff denied the charge, but .1". l"! gave tiio plaintiff into the custody of a constable, whom ho had previously sent for, upon a charge of stealing paint. 4. The defendant was present at tho time when the plaintiff was given into custody, and authorized and assented to his being so given into custody; and in any case .1'. V., in giving him into custody, was acting within tho scope and i'l the course of iiis employment as the defendant's foreman, and for tho purposes of the defendant's business. .'). The plaintiff upon being so given into custodj', was talcen by the said constable a considerable distance through various streets, on foot, to tlic police station, and lie was tlicre detained in a cell till lato in liio same afternoon, wiien lie was tid 125 ^U4 p^ •^ c/--' "W "> Hiotographic Sdences Corporation 23 WIST MAIN STREET WEBSTER, N.Y. 145S0 (716) •72-4503 ^4^ <^^1^ •^T' % ^ ^\ jjtn. FOBMB. W ► iiiiilj: t:.:: and reputation, and was therebv unablo to obtain any employment or earn any wages for three months. The plaintiff claims dollars damages. The plaintiff proposes that this action should be tried at [Title, omitting date of Writ.] Statement of defence. 1. The defendant denies that he was present at the time when the plaintiff was given into custody, or that he in any way authorised or assented to his being given into custody. And the said JC. Y, in giving the plaintiff into custody, did not act within the scope or in the course of his employment as the defendant's foreman, or for the purposes of defendant's business. 2. At some time about five or six o'clock on the , being the evening before the plaintiff was given into custody, a large quantity of paint had been feloniously stolen by some person or persons from a shed upon the defendant's yard and premises. 3. At about 5.30 o'clock on the evening of the , the plaintiff, who had left off work about half an hour previously, was seen coming out of the shed when no one else was in it, although his work lay in a distant part of the yard from and ho had no business in or near the rhod. Ho was then soon to go to tho back of a stack of timber in paother part of the yard. Shortly afterwards the paint was found to 'jave been stolen, and it was found concealed at the back of the stack of jimbor behind which tho plaintiff had been soon to go. 4. On the followl»>g. morning, before the plaintiff was given into cus- tody, he was asked by X Y. what ho had been in tho shed and behind the stack of timber for, and ho donlod having been in either place. X. Y. had reasonable and probabh cause for suspecting, and did suspect that the plaintiff was the person who had stolen tho paint, and there- upon gave him into custody. [Title as in Defence.] Eeply. The plaintiff joins issue upon tho dofonuant's statement of defence. 37. FoBEOLosnRi;. In the Supreme Court of British Columbia. Writ issued [ ]. Between R. W., plaintiff, and O. S. and J. B., defendants. )Sta*ement of Claim. 1. By an indenture d.atcd tho 25th March, 1867, made botweeu the defendant O. S. of tho one part, and the plaintiff of the other part, tho plaintiff is morlgagco of 398 acres of land situate in tho District of Nanaimo {if escribe property), with all the coal and other mines and minerals in and under tho same, for securing tho sum of $10,000 and interest. 2. By an indenture dated tho 1st day of April, 1807, made between the defendant O. H. of tho one ]»art, and I lie defendunt J. B. of tho other part, the waiil O. S. lonveyed to the .said .J. .15. and liia heirs tho hcreditameniH comprised in the lierein-before stated security of tho plaintiff, or some parts thereof, subject to tho plaintiff's said security, employment or I at time when the Y authorised or IX 7, in giving or in the course the purposes of , being a large quantity persons from a previously, was it, although his [ no business in : of a stnclj of s the paint was t the back of the a to go. given into cus- bed and behind in either place, and did suspect lint, and there- it of defence. mdants. between the ther part, the the District of licr mines and of $10,000 and iiiado iictwoon J5. of tho other iiiil iiis hoii'B Hocurily of the Buid security, ■I!; I * 1. „ i! ii *'. FORMB. xxvzt and subject to a proviso for rodomption of Iho same promises on pay- ment to the defendant J. B., his executors, administrators, or assigns, of the sum of 15,000 dollars, with interest thereon at the rate of 5 per cent, per annum. 3. The whole of the said sum of 10,000 dollars, with an arresr of interest thereon, remains due to the plaintiff on his said security. The plaintiff claims : — 1. That an account may be taken of what is due to him for principal and interest on his said security, and that the defendants may bo decreed to pay to him what shall be found due thereby, and the costs of this action. 2. That in default of such payment the defendants may be fore- closed of the equity of redemption in the mortgaged premises. 3. Such further or other relief as the nature of the case may require. The plaintiff proposes that the action should be tried at In the Supreme Court of British Columbia Between li. W., plaintiff, and O. S. and J. B., defendants, (by original action,) . Plaintiff, And between tho said O. S. and The said R. W. and J. B., and J. W. (by counter-claim) Defendants, The defence and Counter-dam of the above-named 0. S, 1. This defendant does not admit that tho contents of the indenture of tho 25th day of March, 1867, in the plaintiff's statement of complaint mentioned, arc correctly stated therein. 2. Tho indentui'c of the Ist day of April, 1867, in tho statement of claim mentioned, Avas not a security for the sum of 15,000 dollars and interest at 5 per cent, per annum, but for the sum of 14,000 dollars only, with interest at the rate of 4 per cent, per annum. 3. This defendant submits that under the circumstances in his counter- claim mentioned, tho said indentures of tho 25th day of March, 1867, and tho Ist day of April, 1867, did not create any effectual security upon the mines and minerals in and under tho lands in the same indentures com- prised, and that tho same mines and minerals ought to bo treated as excepted out of the said securities. And by way of counter-claim this defendant states as follows : — 1. At the time of tho execution of tho indenture next hereinafter stated, J. 0. A. Avas seised in fee simple in possession of the lands described in tho said indentures, and the mines and minonils in and under tho Hamc. 2. By indenture dated the 24tli March, 1860, made between tho said J. C. A. of tho first ])ttrt, E. his wife, then E. S., spinster, of the second part, and this defendant and tho above-named J. W, of the third part, being a settlement made in contemplation of the marriage, shortly after solemnized, between the said J.C. A. and his said wife, the said J. C. A. granted to this defendant and tho saiil J. \V., and their heirs, all the coal mines, beds of coal, and other tho niiiios tind minerals under the said lands, with such powers and privileges, as in the now-stating indontui'o mentioned, for tlic pui'iioso of winning, working, and getting llic Hiinic mines and niiiicralH, to lioUl tlioHame promises to this (lol'i'iidaiil iuiij the s;ii;l J. \V. iiml tlieir heirs to the use of the jsaid J. ('. A., his lieii'is ami UM.sigiis, till tho solemnization of the buid iuurriugu, and utter the solumuizutiou thereof to the use of '1^ ,1. i :\ Ifi i : iii! izvnt. Forms. II , 't : fk^' ;n . pt •mifiii. ;,::lC ii I 'I '1i this defendant and the said J. W., their exocntors and adminia. trators, for the term of 500 years, from the day of the date of the now-stating indenture, upon the trusts therein montioned, being trusts for the benefit of the said J. C. A., and his wife and the children of their marriage, and from and after the expira- tion or other determination of the said term of 600 years, and in the meantime subject thereto, to the use of the said J. C. A., his heirs Und assigns for ever. 3. By indenture dated the 12th May, 1860, made between the said J. C. A. of the one part, and W. N. of the other part, the said J. C. A. granted to the said W. N. and his heirs the said lands, except the coal mines, beds of coal, and other mines and minerals thereunder, to hold the same premises unto and to the use of the said W. N., his heirs and assigns for ever, by way of mortgage, for securing the payment to the laid W. N. his executors, administrators, or assigns, of the sum ot 26,000 dollars, with interest as thei'ein mentioned. 4. On the 14th of January, 1864, the said J. C. A. was adjudicated a bankrupt, and shortly afterwards J. L. was appointed creditor's assignee of his estate. 5. Some time after the said bankruptcy, the said W. N., uaJer a power of sale in his said mortgage deed, contracted Avith this defendant for the absolute sale to this defendant of the property comprised in his said security for an estate in fee simple in possession, free from incumbrances, for the sum of 26,000 dollars, and the said J. L. as such assignee as aforesaid, agreed to join in the conveyance to this defendant for the purposo of signifying his assent to such sale. 6. By indenture dated the 1st of September, 1866, made between the said W. N. of the first part, the said J. L. of the second part, the said J. C. A. of the third part, and this defendant of the fourth part, reciting the said agreement for sale, and reciting that the said J. L., being satisfied that the sum of 26,000 dollars was a proper price, had, with the sanction of the Court of Bankruptcy, agreed to confirm the said sale, it was witnessed that in consideration of the sum of 26,000 dollars with tho privity and approbation of the said .J. L., paid by this defendant to the said W. N , ho the said W. N. granted, and the said J. C. A. ratified and confirmed to this defendant and his heirs, all the hereditaments comprised in the said security of the 12tli day of May, 1860, with their rights, membei's, and appurtenances, and all the estate, right, title, and interest of tbcni, the siiiu W. N. and J. C. A. therein, to hold the same premises unto and to the use of this defendant, his heirs and assigns for ever. 7. The sale to this defendant was not intended to include anything not included in the security ol the 12th May, 1860, and the said J. L. only concurred thci-oin to signify his approval of the said sa.o, and did not pjirport to convoy any estate vested in him; and the lastly hereinbefore stated indenture did not vest in this defendant any estate in the said mines and minerals. 8. The plaintiff and the defendant J . B. respectively had, before they ailvanccd to this defendant the moneys lent by them on their securities in the plaintiff's claim mentioned, full notice that the mines and minerals under the snid lands did not belong to this defendant. This fact appeared on the abstracts of title delivered to them before the ]ircpiiration of their said Becuritios. A valuation of the ])roiii'rLy made iiy a survoyof wins furnisliL'dlo them rcspoctivcly on behalf ol'this dot'ondant before tliey jiiji'c'cd to advanoo their money on their Miiid ,seeiiritie«; but ultlioiij.'h the said landiJ are in a mineral dihlrict, the mineis and niiuerals were omitted from such valuation, and they respectively kuow tr "- Tl iUtors and adminig. lay of tho date of heroin montioned, L., and his wife and 1 after the expira- of 500 years, and if the said J. C. A,, between the said ler part, the said )irs tho said lands, nines and minerals and to tho use of ever, by way of 10 laid W. IJ. his he sum ot 26,000 , was adjudicated a ppointod creditor's d W. N., Uii Jer a itracted with this mt of tho property 1 in feo simple in do sum of 26,000 s aforesaid, agreed for tho purpose of , made between the tho second part, defendant of the sale, and reciting m of 26,000 dollars 1 of tho Court of it was witnessed dollars Avith tho by this defendant and tho said J. t and his heirs, all ity of tho 12th day d appurtenances, of them, the siiiu iromiscs unto and signs for ever, include anything 1860, and tho said >proval of tho said vested in him; lid not vest in this linorals. ly had, before they by them on their nil notice that the lot belong to this soi'titlodclivored id securities. A 1' M'iis turiiisliudlo leforo tiiey iigi'eoil oa; but altlioujih liiK'is iuid niiiu'i'als •oBpcctively kuow II ': ^1 i ;..d!l!; ....I'ljjj. ' I'" : ,„!l. ( , i ■-'I!; j'i!' \ II i! Forms. xm. at the time of taking their said seourities that the same did not include any interest in the mines und minerals. 9. At the time when the Hccuritii-s of the plaintiff and tbi? defendant J. B. were rcspcetivoly executed, the plaintiff and tho defendant J. B. rospoclivoly bad notice of tho said indenture of settlement of the 24th day of March, 1860. ^0. At tho time when tho plaintiff's security was executed, the mines and minerals under the said lands, with such powers and privi- leges as aforesaid, wore vested in this defendant and the said J. W. for the residue of the said term of 600 years, and subject to the said term, tho inheritance in the samo mines, minerals, powers, and privileges, was vested' in the said J. L. as such assignee as aforesaid. 11. The said security lo tho plaintiff was by mistake framed so as to purport to include tho mines and minerals under iho said lands, and by virtue thereof the legal estate in moiety of tho said mines and minerals became and now is vested in the plaintiff for tho residue of tho said term of 500 years. The doiendant 0. S. claims as follows: — 1. That it may be declared that neither the plaintiff nor the defen- dant J. B. has any charge or lien upon that one undivided moiety, which in manner aforesaid became vested in the ^.ain- tiff for the residue of the said term of 500 years, of and in the mines and minerals in and under tho lands mentioned in the plaintiff's said security. 2. That it may be declared that the said mines and minerals, rights, and privileges, which by the said indenture of settlement were vested in the defendant O. S. and the said J. W. for the said term of 500 years, upon trust as therein mentioned, ought to be so conveyed and assured as that the same may become vested in the defendant O. S. and the said J. W. for all the residue of the said torm upon the trusts of the said settlement. 3. That the said R. W. and J. W. may be decreed to execute all such assurances as may bo necessary for giving effect to the declaration secondly hereinbefore prayed. 4. To have such further or other relief as the nature of the case may require. •'} J I In the Supreme Court of British Columbia. Between R. W., Plaintiff, and O. S. and J. B., Defendants, (by original action). And between tho said O. S., Plaintiff, and the said R. W., and J. B. and J. W., Defendants, (by count' I'-claira). 'J.' he Reply of the Plaintiff, RW. 1. The plaintiff joins issue with the defendants upon their several defences, and in reply to tho staten: onts alleged by the defendant O. S., by way of counter-claim, the plaintiff says as follows: — 1. Tho plaintiff does not admit tho execution of any such indenture as is stated in the said counterclaim to bear date the 24th of March, I860. 2. The plaintiff does not admit that the indenture of the 12th of May, 1860, is stated correctly in the statement of claim. • 3. When tho defendant 0. S., in tho year 1866, applied to the plain- tiff to advance him the sum of 810,000, no offered to the plaintiff as a security tho lands which were afterwards com- prised in the indenture of the 25th of March, 1867, including tho mines and minerals which he now alleges were not to form part of the security, and the plaintiff agreed to lend the SAid ). i ' ■'i!i If . nil' ...11. I ' ^ -.ntitot, ill "tMlHi ;r s li :::.ii IZl. Forms. 4. sum upon tho security of tho said lands, inciudinff such minei and minerals. During tho nogociation for tho said loan a valu- ation of tlio properly to bo included in tho mortgage win delivered to tho pinintitl'on behalf of the said defendant. Such valuation included tho mines and minerals; and tho plaintiff consented to make tho loan on tho faitli of such valuation, The plaintiff did not know when he took his security that it did not include any interest in tho said mines and minerals; on tho contrary, he believed that iho entirety of such mines and minerals was to bo included therein. The plaintiff docs not admit tho contents of the indenture of tho 1st of Septo ubor, 1866, to be as alleged, or that it was so fVamed as not to include tho said mines and minerals; or that it was not intended to include anything not included in the security of the 12tb of May, 1860, or that J. L. in the counter- claim named only concurred therein to signify his approval of the said sale, and did not purport to convey any estate vested in him. Save 80 far as the plaintiff's solicitor may have had notice by means of the abstract of title that the mines and minerals under the said lands did not belong to tho defendant O. S., tho plain- tiff had not any notice thereof, and he does not admit that it appeared fVom the abstract of title that such was the case. The mines were not omitted from any valuation delivered to the plaintiff as mentioned in the counter-claim. 6. The plaintiff admits that when he took his security he was aware that there was indorsed on the deed by which the said lands were c'^-veyed by J. C. A. in the counter-claim named a notice of a settlement ot 24th March, 1860, but ho had no further or other notice thereof, and though his solicitor inquired after such settlement none wns over produced. 7. The plaintiff submits that if it snail appear that no further in- terest in tho said mines and minerals was conveyed to him by his said security than one undivided moiety of a term of 500 years therein, as alleged by the said counter-claim, such in- terest is effectually included in thofplaintiff's said security, and that ho is entitled to foreclose the same. 6. 38. Fbaitd or False Beprxbentations. In the Supreme Court of British Columbia. Writ issued 3rd August, 1876, Between A.B., Plaintiff, and E.F., Defendant. Statement of Claim. 1. In or about the March, 1875, the defendant caused to be inserted in the " Times" newspaper an advertisement, in which he offered for sale the lease, fixtures, fittings, goodwill, and stock-in-trade of a baker's shop and business, and tlcscribod the same as an increasing business, and doing 12 sacks a week. The advertisement directed application for particulars to be made to X.Y. U. The plaintiff having scon tho advertisement applied to X. Y., who placed him '.n comniuniLation with tho defendant, and negocintions en- sued between the plaintiff and the defendant for the sale to the plaintiff of the defendant's bakery at , with the lease, fixtures, fittings, stook-in-trade, and good-will. ' ludinff such mines 10 Bnid loan a valu- ho mortgage wtis I (Jofondant. Such ami tho plaintiff f such valuation. i security that it OB and minerals; ty of such mines ( indenture of tho )r that it was so minorals; or that ; included in tho L. in tho counter. [y his approval of any estate vested [vvo had notice by [)d minorals under t O. S., the plain- ]ot admit that it ih Vfaa the case, tion delivered to 1. pity he was aware h tho said lands m named a notice ad no ftirther or OP inquired after lat no further in- <^oyod to him by )t' a term of 500 •claim, such iu- laid security, and 1 mt. int cansed to be t, in which he d stock-in-trade as nn increasing 3cmont directed I to X. Y., who legocintions en- ) to tho plaintiff xturcs, fittings, -^ 3. In to iho ] that it 4. Onl of tliu tbo defe of the 5. On the loas tho sam G. Th FOBMS. nil. 3. In the course of these negooiationa the defendant repeatedly stated to the plaintiff that tho busincHs was a steadily incroasing businoss, and that it was a business of more than 12 sacks u week. 4. On tho 5th of April, 1875, tho pluintiff, bolioving tho said statomonts of tiiu dofendutit to no true, agreed to puruhaso tho said promiHOS from the defendant for 82,500, and paid to him a deposit of ^lOUO in respect of the purchase. 5. On the 15th April tho purchase was completed, un assignment of the lease executed, and the balance of tho purchase money paid. On tho same day the plaintiff entered into possession. G. Tho plaintiff soon afterwards discovered that at tho time of the negociations for tho said purchase bv him and of the sajd agreement, aud of tho completion thereof, tho said Dusinoss was and had long been a declining business; and at ouch of those times, and for a long time befui'o, it had never been a businoHS of more than 8 sucks a wook. And tho Raid premises were not of tho value of 92,500, or of any saleable viiluo whatever. 7. Tho defendant made tho false representations horoin-before men- tioned well knowing them to bo false, and fraudulently, witL the intention of inducing tho plaintiff to make tho said purclbase ou the faith of them. The plaintiff claims 8 damages. The plaintiff proposes that tho action be tried at [Title.] Statement of Defence. 1. The defendant says that at the time when he made the representa- tions mentioned in the third paragraph of the statement of claim and throughout tho whole of the transactions between the plaintiff and defendant and down to tho completion of tho purchase and the relin- quishment by the defendant of tho said shop and business to tho plaintiff, the said business was an increasing business, and was a business of over 12 sacks a week. And tho defendant denies the allegations of the sixth paragraph of the statement of claim. 2. The defendant I'epeatedly during the negociations told tho plaintiff that ho must not act upon any statement or representation of his, but must ascertain for himself the extent and value of tho said business. And tho defendant handed to the plaintiff for this purpose the whole of his books, showing fully and truthfully all the details of the said business, and from which the nature, extent, and value thereof could be fully seen, and those books were examined for that purpose by the plaintiff, and by an accountant on his behalf. And the plaintiff made the purchase in rolianco upon his own judgment, and the result of his own inquiries and investigations, and not upon any statement or repre- sentation whatever of the defendant. ,1 .'i [Title.] Reply. The plaintiff joins issue upon tho defendant's statement of defence. usn. * -' ^:| Forms. 39. Guarantee. In the Snpremo Court of British Columbia. Writ issued 3r(l August, 1876. Between A.B. and CD., Plaintiflfs, and E.F. and G.I1., Defendants. Statement of Claim. 1. The plaintiffs are brewers, carrying on their business at under the firm of X Y". & Co. 2. In the month of March, 1872, M.N. was desirous of entering into the employment of the plaintiifs as a traveller and collector, and it was agreed between the plaintiffs and the defendants and M. N., that tho plaintiffs should employ M, N. upon the defendant entering into the guarantee hereinafter mentioned. 3. An agreement in writing was accordingly made and entered into, on or about the 30th March, 1872, between tho plaintiffs and the defen- dant, whereby in consideration that the plaintiffs would employ M. N. as their collector, the defendant agreed that he would bo answerable for the due accounting by M. N. to the plaintiffs for and the due payment over by him to the plaintiffs of all moneys which he should receive on their behalf as their collector. 4. The plaintiffs employed M. iV. as their collector accordingly, and he entered upon the duties of such employment, and continued therein down to the Slst of December, 1873. 5. At various times between tho 29th of September and the 25th of December, 1873. M. N. received on behalf of the plaintiffs and as their collector sums ol money from debtors of the plaintiffs, amounting in tho whole to the sum of 84,750 ; and of this amount M. N. neglected to account for or pay over to the plaintiffs sums amounting in the whole to $1,336; and appropriated the last-inontioned sums to nis own use. 6. The defendants have not paid the last-mentioned sums, or any part thereof to the plaintiffs. The plaintiffs claim : — The plaintiffs propose that the action be tried at 40. Interest Suit (Probate.) In the Supreme Court of British Columbia. Probate. Between A.B., Plaintiff, and CD., Defendant. Statement of Claim. 1. M.N., late of , grocer, deceased, died on or about the day of , at , a widower, without child, parent, brother, or sister, uncle or aunt, nephew or niece. 2. The plaintiff is tho eousin-gcrman, and one of the next of kin of the deceased. Tho phxintiff claims: — That the Court decree to him a grant of letters of administration of the personal estate and effects of the said deceased as his lawful cousin german, and one of his next of kin. The plaintiff proposes that this action be tried at * H., Defendants. inoss at I of entering into Hector, and it was [ M. N., that tlio entering into the and entered into, iffs and the defon- lid employ J/. N. be answerable for the due payment should receive on r accordingly, and continued therein r and the 25th of iti£f3 and as their I amounting in tho [. N. neglected to ing in tho whole ;o his own use. sums, or any part ant. died on or about !r, without child, ce. next of kin of f administration deceased as his :in. t.'ii: f ■ 1. parei died 2. 3. in tb( and b montl Tii( Forms. XZXIIL [Title.] Defence. 1, The defendant admits that M. N. died a widower, without child, parent, brother or sister, undo or aunt, or niece, but he denies that he died without nephew. 2, The deceased had a brother named G. B., who died in his lifetime. 3, O. B. was married to E. H. in the parish church of in the county of , on the day of and had issue of such marriage the defendant, who was born in the month of , and is the nephew and next of km of the deceased. The defendant therefore claims : — That the Court pronounce that he is the nephew and next of kin of the deceased, and as such entitled to a grant of letters of administration of the personal estate and effects of the deceased. [Title.] Reply. 1. The plaintiflF denies that <7. B. was married to E. H. 2. He also denies that the defendant is the issue of such marriage. 1 J 41. Landlobd and Tenant. In the Supreme Court of British Columbia. Writ issued 3rd August, 1876. Between A.B., Plaintiff, and O.A, Defendant. Statement of Claim. 1. On the day of the plaintiff, by deed, let to the defendant a house and premises, No. 52, Street, in the city of , for a term of 21 years, from the day of , at the yearly rent of 8500, payable quarterly. 2. By the said deed the defendant covenanted to keep the said house and premises in good and tenantable repair. 3. The said deed also contained a clause of re-entry, entitling the plaintiff to re-enter upon the said house and promises, in case the rent thereby reserved, whether demanded or not, should be in arrear for 21 days, or in case the defendant should make default in the performance of any covenant upon his part to bo performed. 4. On the 24th June, 187 , a quarter's rent became due, and on the 29th of September, 187 , another quarter's rent became due ; on the 2l8t October, 187 , both had been in arrear for 21 days, and both are still due. 5. On the name 21st October, 187 , the house and premises were not and are not now in good or tenantable repair, and it would require the expenditure of a large sum of money to reinstate the same in good and tenantable repair, and tho plaintiff's reversion is much depreciated in value. The plaintiff claims : — 1. Possession of the said house and premises, 2. 9 for arrears of rent. 3. 8 damages for the defendant's breach of his covenant to repair. 4. 8 for the occupation of the house and premises from the 29th of September, 18 V , to the day of recovering possession. The plaintiff proposes that this action should be tried at ;t'-' 1. •■ M U. ' . .Zu'.VM: soziv. Forms. 42. Neoliqenoe. In the Supreme Court of British Columbia. Writ issued 3rd August, 1880. Between A.B Plaintiif, and KF. Defendant. Statement of Claim. ' 1. The plaintiff is a shoemaker, carrying on business at . The defendant is a soap and candle manufacturer, of 2. On the day of > 18 , the plaintiif was waliting east- ward along the south side of Port Street, in the City of Victoria, at about three o'clock in the afternoon. He was obliged to cross Street, which is a street running into Fort Street at right angles on the south side. While he was crossing this Street, and just before ho could reach the foot pavement on the further side thereof, a two-horse van of the defendant's, under the charge and control of the defendant's ser- vants, was negligent !y, suddenly, and without any warning, turned at a rapid and dangerous pace out of Fort Street into Douglas Street. Tlie pole of the van sti'uck the plaintiff and knocked him down, and bo wa» much trampled by the horses. 3. By the blow nnd fall and trampling the plaintiffs left arm was broken, and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill ami in suffering, and unable to attend to his business, and incurred heavy medical and other expenses, and sustained great loss of business and profits. The plaintiff claims 9 damages. The plaintiff proposes that this action should be tried at I 'V I! C„, ■.'!!^".',',f m 3 :m' . ^m . *. Ml!*'- [Title.] Statement of Defence. 1. The defendant denies that the van was the defendant's van, or that it was under the charge or control of the defendant's servant. The van belonged to Mr. John Smith of , a carman and contractor employed oy the defendants to carry and deliver goods for him; and the persons under whose chai-go and control the said van was were the servants of the said Mr. John Smith. 2. The defendant does not admit that the van was turned out of Fort Street, eitlier negligently, suddenly, or without warning, or at a rapid or dangerous pace. 3. The defendant says, that the plaintiff might and could, by the exercise of reasonable care and diligence. Lave seen the van approaching him, and avoided any collision with it. 4. The defendant does not admit the statements of the third para- graph of the statement of claim. [Title.] Beply. The plaintiff joins issue upon the defendant's statement of defence. tiff, dant. 9s at . The yaa walking east- ty of Victoria, at I to cross ight angles on the St before he could two-horse van of 3 defendant's ser- arning, turned at uglas Street. The lown, and ho was If 8 left arm was and back, as well itiff was for four his business, and ined great loss of d at ifendant's van, or nt's servant. The m and contractor ids for him; and au was were the irned out of Fort ing, or at a rapid id could, by the van approaching the third para- ent of defence. • ■•"'lljill. t:'te -"^m In 14 ■'i::i: Forms. XXXV. 48. FaoMiSBORY Note. In the Supreme Court of British Columbia. Writ issued 3rd August, 1880. Between A.B., Plaintiff, and E. F., Defendant. Statement of Claim. 1. The defendant on the day of made his promissory note, whereby he promised to pay to the plaintiff or his order 9 three months after date. 2. The note became due on the day of , and the defendant has not paid it. The plaintiff claims : — The amount of the note and interest, thereon to judgment. The plaintiff proposes that this action should be tried at [Title.] Statement of Defence. 1. The defendant made the note sued upon under the following cir- cumstances: — The plaintiff and defendant had for some years been in partnership as coal merchants, and it had been agreed between them that they should dissolve partnership, that the plaintiff should retire from the business, that the defendant should take over the whole of the partnership assets and liabilities, and should pay the plaintiff the value of his share in the assets after deducting the liabilities. 2. The plaintiff thereupon undertook to examine the partnership books, and inquire into the state of the partnership assets and liabili- ties; and he did accordingly examine the books, and make the said inquiries, and he thereupon represented to the defendant that the assets of the firm exceeded $10,000, and that the liabilities of the firm were under $3,000, whereas the fact was that the assets of the firm were less than $5^000, and the liabilities of the firm largely exceeded the assets. 3. The misrepresentations mentioned in the last paragraph induced the defendant to make the note now sued on, and there never was any other consideration for the making of the note. [Title.] Reply. The plaintiff joins issue on the defence. J, ii 44. Probate on Will in Solemn Form. In the Supreme Court of British Columbia. Probate. Writ isDued [ ]. Between A.B., Plaintiff, and E.F., Defendant. Statement of Claim. 1. C. T., late of , gentleman, deceased, who died on the of ,18 , at , being of the age of 21 years, made his last will, with one codicil thereto, the said will bearing date the first day of October, 1874, and the said codicil the first of January, 1876, and in the said will appointed the plaintiff sole executor thereof. X. *■■ Forms. i^iiii.jji n,i ■ili! :t;': 2. The said will and codicil were signed by the deceased [or by X.Y., in the presence and by the directions of the deceased, or signed by the deceased, who acknowledged his signature, or as the case may be} in the presence of two witnesses present at the same time, the said wiU in the presence of H. P. and J. R., and the said codicil in the presence of J. D. andG. E., and who subscribed the same in the presence of the said deceased. 3. The deceased was at the time of the execution of the said will and codicil respectively of sound mind, memory, and understanding. The plaintiff claims: — That the Court shall decree probate of the said will and codicil in solemn form of law. [Title.] Statement of Defence, The defendant says as follows: — 1. The said will and codicil of the said deceased were not duly execu- ted according to the provmions of the statute. 2. The deceased at the time the said will and codicil respectively purport to have been executed was not of sound mind, memory, and understanding. 3. The execution of the said will and codicil was obtained by the undue influence of the plaintiff [and others acting with him, whoso names rre at present unknown to the defendant]. 4. The execution of the said will and codicil was obtained by the fVaud of th plaintiff, such fraud, so far as is within the defendant's present kno' ledgo being [state the nature of the fraud}. 6. The said deceased at the time of the execution of the said will and codicil did not know and approve of the contents thereof, or of the con- tents of the residuary clause in the said will [as the case may be}. (5. The deceased made his true last will, dated the Ist day of January, 1873, and in the said will appointed the defendant sole executor thereof. [Propound this will as in paragraphs 2 and 3 of claiir..} The defendant claims : — 1. That the Court will pronounce against the said will and codicil propounded by the plaintiff: ' 2. That the Court will decree probate of the said will of the said deceased, dated the 1st of January, 1873, in solemn f rm of law. [Title.] Seply. 1. The plaintiff joins issue upon the statement of defence of the defendant, as contained in the first, second, third, fourth, and fifth paragraphs thereof. 2. The plaintiff says that the said will of the said deceased, dated the 1st of January, 1873, was duly revoked by the will of the said Ist of October, 1874, propounded by the plaintiff in his statement of claim. 45. Heoovkbt of Land. Landlord and Tenant. In the Supreme Court of British Columbia. Writ issued 3rd August, 187t5. Between A. B., Plaintiff, and C. D., Defendant. Statement of Claim, 1. On the day of the plaintifflet to the defendant ft house, No. 62, street, in the city of , as tenant from 'M id [or by X.Y., ' signed by the maybe^ in the laid wiU in the asence of J. D. CO of tho said e said will and mding. and codicil in lot duly execu- il respectively , memory, and >tained by the th him, whose }tained bj' tiio he defendant's le said will and F, or of the con- may be], lay of January, :ecutor thereof. rill and codicil 'ill of the said 1 f tm of law. lefence of the irth, and fifth ised, dated the e said Ist of nt of claim. the defendant IS tenant from i Lt. ,a ■m Forms. nxvif. year to year, at the yearly rent of $120, payable quarterly, the tenancy to oommonce on the day of 2. The dofondant took nosscssion of the house and continued tenant thereof uniil the oay of last, when the tenancy determined by a notice duly givon. 3. The defendant has disregarded the notice and still retains poBB0S« sion of the house. The plaintiff claims: — 1 . Possession of the houde. 2. 8 for mesne profits from the day of • The plaintiff proposes that this action should be tried at • In the Supreme Court of British Columbia. Between A. B., Plaintiff, and C. D., Defendant, (by original action). And between C. D., Plaintiff, and A. B., Defendant, (by counter-claim). The defence and counter-claim of the above-namod C. D. 1. Before the determination of the tenancy mentioned in the state* ment of claim, the plaintiff A. B., by writing dated the day of , and signed by him, agreed to grant to the defendant CD. a lease of the house mentioned in the statement of claim, nt the yearly rent of 1160, for the term of 21 years, commencing from the day of , when the defendant C. D.'s tenancy from year to year determined, and the defendant has since that date been and still is in possession of the bouse under the said agreement. 2. By wny of counter-claim the defendant claims to have the agree* mont specifically performed, and to have a lease granted to him accord, ingly, and for the purpose aforesaid, to have this action transferred to the Chancery division. [Same title.] The reply of the plaintiff A. B. The plaintiff A.B. admits the agreement stated in the defendant C. D.'s statement of defence, b- * he refuses to grant to the defendant a lease, saying that such agreement provided that the lease should con- tain a covenant by the dofondant to keep the house in good repair and a power of ro-ontry by the plaintiff upon breach of such covenant, and the plaintiff says that the defendant has not kept the house in good repair, and the same is now in a dilapidated condition. [Title.] Joinder of Issue. The defendant C. D. joins issue upon the plaintiff A. B.'8 atatument in reply. 4: ','■' ■ VM 46. • Becovebv of Land. In the Supreme Court of British Columbia. Writ issued 3rd August, 1876. Between A. B. und C. D., Plaintiffs, and E. F., Defendant. Statement oj Claim. 1. K. L., late of , duly executed his last will, dated the 4th day of April, 1870, and thereby devised his lands •..:i<,(,„. ..■■"lie ■■»•«'■■■'* ". 'IN* f H, :::i$ta after Acceptance of Money paid into Court. (Title, &o.) The day of 18 The defendant having paid into Court in this action the sum of i in satisfaction of the plaintiff's claim, and the plaintiff having by hie notice dated the day of IS , acceptod that sum in satisfaction of his entire cause of action, and the plaintiff's costs heroin having been taxed, and the defendant not having paid the same within forty-eight hours after the said taxation ; It is this day adjudged that the plaintiff recover against the defen- dant coata taxed at 63 Judgment where no Judgment entered at Trial by Jury. (Title, &c.) 18 . 18 been tried before the and a [special] jury at , and the The day of This action having on the Uonourable Mr. Justice jury having found and the said Mr. Justice judgment to be entered, Now on motion before the Court for judgment on behalf of the , the Court having It is this day adjudged that the recover against the the sum of 9 and costs ta^ed at not having thought fit to order any 64. Judgment after Motion on Zeave rcnervol, (Title, &o.) Before the Full Court. The day of 18 , been tried before the and a [special] jury at 18 This action having on the Honourhblo Mr. Justice and the jury having found and the said Mr. Justice having ordered that judgment be entered for subject to leave to the to move to set aside the judgment Now on motion before the Court for judgment on behalf of the , the Court having It is this day adjudged that the said judgment (" Do stand" or "be set aside, and that the recover against the the sum of $ and costs taxed at " paid into Court. tion the sum of 9 aintiflf having by hit accepted that sum in (laintiff's costs heroin paid the same within or against the defen. ial by Jury. been tried before the at , and the ight fit to order any tehalf of the recover against the s ta^ed at i-ed. 18 . een tried before the y at d that judgment be the ihalf of the Do stand" or "be the sum of S m m The The order i having having behftlf ( It ia tLi "uit 'iiL "J The This a the Coui and tlio having c It is ti the sum .H„J irit-;; «klNM. :^ T.Z, f '*^IH(( In the Seal a of the go per auuu to FOHMB. UT. The 66. Judgment on Motion after Trial of Issue (Title, &o.) day of 18 . The (" iBSues" or <' questions") of fact arising in this action by an order dated the day ot ordered to be tried before having on the day of been tried before and the haviiiK to nd , now on motion before the Court for judgment on belmit'ofthe , the Court having It is this day adjudged tbut the recover against the tLc 'um of 8 and costs taxed at 66. Judgment on Motion generally. (Title, &c.) The day of 18 . This action having on the dav of 18 , come on before the Court on motion for judgment on behalf of the , and tlio Court after hearing counsel for the iiaviug ordered that it is this day adjudged that the recover against the the sum of 8 and costs taxed at APPENDIX (E.) Forms of Precipe (under Ruts 316). 67. Fieri Facias. In the Supremo Court of British Columbia. Between A. B., Plaintiff, and C. D. and others, Defendants. Seal a writ of Fi. Fa. directed to the Sheriff of to levy of the goods and chattels {or lands and tenements) of C D. the sum of dollars and interest thereon at the rate of per centum per auuum from the day of [and dollars costs] to Judgment [or order] dated day of -' ■•M«Mi ti ■"Di ,c ' '•>I4« r'*" ^tllM f'B.l. " ►«« (twr IINM HlMMlt :;.> iJai; „ ift* C'!:r ' ■ / / /^^^^- if ' .^cyyf- fendants. of Great Britain of luse'' the foUow- recovered by the ^' im ih:-'."' V '/ Forms. XLIX. juifgment for the return of which execti tion h as been ordered tq Lsxue\ to 1)0 returned to ^ E. S., Avhit-h "TTTo saiil R. S. hiToTy recovered against T.V. (or T.V. was ordered to deliver to the said A'..S'.) in an action in our said Court. And wo lurllier foniniaiid you, that if the said chattels cannot bo found in your liaiiiwicl;, j'ou distrain the said T.V. by ftll his lands and chattels in your bailiwick, no that neither the said T.V. nor any ono for him do \i\y hands on the same untd the said T. V. render to the waid R.S. the said ciiattels; and in what manner you Bhall have executed this our writ make appear to our said Supremo Court of British Columbia, immediately after the execution hereof, and have you there then this writ. Witness, &o. 78. Delivery or Assessed Value. (Title, &c.) Victoria, &c. To the Sherifr of We command you that without delay yon cause to be returned to the following chattels, namely [enumerate chattels recovered by judgment for the return of which execution has been ordered to issue,] which the said lately [" rocovere;! against" or " was ordered to deliver to the said"] in an action in our Supremo Court. And we further command you that if the said chailels cannot bo found in your bailiwick, then of the goods and chattels of the said in your bailiwick you cause to be made [the assessed value of the chattels]. And in what manner you shall have executed this our writ make appear to us in our said Court immediately after tho execution hereof. And have there then this writ. Witness, &c. if the chattels cannot bo found in j'our bailiwick, levy 8 the assessed value thereof, and interest thereon at per centum per annum, from the day of 18 , until payment, besides Sheritl's poundage, officers' fees, costs of levying, and all other legal incidental expenses. This writ was issued by, &c. The defendant is a and resides at i'rS 79. Writ of Attachment. In the Supreme Court of British Columbia. Between A. B., Tlaintiff, and C. D. and others, Defendants. Victoria, &e. To tho Sheriff of greeting. Wo command you to attach C. D. no as to have him before us in our Supremo Court of Brilisii Columlia wliercsoevcr the said Court shall then be, theic to answer to us, sis well touching a contempt which he it is alleged hath committed against us, as also such other matters ns shidl be then and there laiil lo his charge, and furtherto perform and abide such order as our s;\id Court shall make in this behalf, and hereof fail not, and bring this writ with you. Witness, &c. i'Ute* Forms. !}!■ I f ll' ■3» Ij .MOtl *V' .....IW '■;»«C, ::;i:* ^lW««| .3 A-u,, !'•[:• "MW ■nmm C,.' : ,Ci ;i!;!2 1 l..' •..,.J ■«''•*■«■ #r."'" ■ mw' iPiS" ■S i >:, C.'t: IH' c:; > I ft., : r-^'- »i 80. Writ of Sequestration. In the Supreme Court of British Columbia. Between A. B., Plaintiff, and 0. I), and others, Defendants. Victoria, &o. To the Sheriff of greeting. Whereas lately ir our Supreme Court of British Columbia in a certain action there depending, wherein A. B. is plaintifl" and C. D. and others are defendants ['>r, in a certain matter then depending, intituled " in the matter of E. F., as the case may he"] by a judgment [or order, a.i the case may be'] of our said Court made in the siiid action [or matter], and bearing date the day of 18 , it was ordoi-ed tliat the said ('.'. D., should [pay into Oourt to the credit of the said action the sum of dollars, or, as the cane may he'\. We therefore by these presents do give to you full power and authority to enter upon all the messuages, lands, tenements, and real estate what- soever of the said C. D., and to collect, receive, and sequester into your hands not only all the rents and profits of the said messunges, land^, tenements, and real estate, but also all his goods, chattels, and pcrsunul estates whatsoever ; and wo command you that you do at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real estate of the said C. D., and that you do collect, take, and get into your hands not only the rents and jirofits of his said real estate, but also all his goods, chattels, and personal estate, and detain and keep the same under sequestration in your hands until the said C. D. shall [pay iuto Court to the credit of the said action the hum of dollars, or, as the case may be"], clear his contempt, and our said Court make other order to the contrary. Witness, &c. Victoria, &c. 81. Distringas against ex-Sheriff. [Title, &c.] To the Sheriff of We command you that you distrain late Sheriff of by all his land and chattels in your bailiwick, so that neither he nor any one by him do lay hands ou the same until j'ou shall have another command from us in that behalf, and that you answer to us for ilio issues of the same, so that the said expose for sale and sell or cause to be sold for the best price that can be gotten for the sanio, those goods and chattels which were of in your bailiwick, to the value of $ , [the " amount of," or " p;xi i. ol,"J tue sum of 8 ■which lately before us in our Supreme Court iu a certain action wherein plaintiff and defendant , by i ["jidgmeut" or " order"] of our said (\)tirt bearing date the day of , was [" adjudged" or '■ ordered"] to bo paid fy the said to the said , and of the sum of 8 , tlie amount at wliiidi the costs in the said ["judgment" or '-order") mentionoi! have Lifcn taxed and allowed, and of interest on the said sum of 8 at the rate of per centum per annum from the day of , and on the said sum of 8 at the same rate from the day of , wliich goods and chattels ho lately took by virtue of our writ, and which remain in his hands for want of buyers, as the said late Sheriff hath lately returned to ua iu our said Court. And have the money arising defendants. 1 Columbia in a aintifi" and C. D. pending, intituled lent [or oi'der, (i.-i \ [or nintter], and was ordered that the said action verand authority real estate what- ijuester into your nessunges, lands, criffof neither he nor all have another Forms. LI. from snch sale before us in our said Court immediately after the execu- tion hereof, to bo paid to the said . And have there then this writ. Witness, kc. This Avrit was issued by The defendant is a and resides at APPENDIX (G.) SUMMONSES AND ORDERS. [From English Schednle, April, 1880.] 82. Summons [Oeneral Form.) In the Supreme Court of British Columbia. Between PlnintifT, and Let all the parties attend the Judge in Chambers on day of 18 , at o'clock in the opplication on the part of Dated the day of 18 . This summons was taken out by of To Defendant, the noon, on the hearing of an Solicitor for 83. Order (General Form.) In the, &c. In Chambers. Between, &e. Upon hearing , and upon reading the affidavit of the day of 18 , and It is ordered and that the costs of this application be Dated, &c. filed 84. Order for Tii le. In the, 4c. In Chambers, Between, &c. Upon hearing , and upon reading the afiBdavit of the day of 18 ,.ttud It is ordered that the shall have time the costs of this application be Dated, &c. filed and that 86. Order under Rule 75, In the, &c. In Chambers, Between, &c. Upon hearing , nnd upon reading the affidnvit of filed ttic dny of 18 , niul It is orJcred that the plaintiff nioy sign final jiulgiuent in this action for the amount indorsed on the writ, with interest, "if any, and costs to be taxed, and that the costs of this application be Dated, &c. ■■H. I 'M'H« •■ ; 4 \i\'- I.:.;;.;;.-*,'" '''\^^^- i'. i'';M'; Si .■* -It ■• .M Ml :i: •a I.I. „.id the plaintiff be at liberty to sign judgment for that sum nid the defendant be at liberty to defend this action as to tlio residue of the plaintiff's claim. And it is ordered that in either event tlio statement of defence be delivered witliin days ofier delivery of the plaintiff's statement of claim, anil that the costs of this application be Dated, Ac. — ^— 89. Order to Amend. In the, Ac. In Chambers. Between, Ac. Upon hearing , and upon reading the affidavit of filed the day of 18 , and It is ordered that the plaintiff be at liberty to amend the writ of summons in this action by , and that the costs of this, application be Dated, Ac. 90. Order for Partieulart (Partnerihip.) In the, Ac, In Chamber?, Between, Ac Upon hearing , and upon reading the affidavit of filed the day of 18 , and It is ordered that the furnish the with a statement in writing, verified by affidavit, setting forth the names of the persons con.stitntinp tht niemliers or co-partners of their firm, pursuant to the rules of the Supreme Court Order XVl,, Rule 10, and that the costs of this application be Dated, Ac. Bled tloii by dellTerini; n pliintiflf's staciiii'iit . witliio a wCL'l< from lot'cnil Iliis iiction liy I'cry of the plrtiiilill's 11' be HI liltoily to sigo with interest, if any, filed ireek from the dnte of ciion as to the whole be at liberty to bI^d this Iiction iia to the be dclivprcil within liiml that the costs of vim-' filed of summons in this filed Intement in writing, Inting tht incmlicrs ICourt Older XVI., jl,..., .,^ , t:i.:: In |IRI he be FOBMI. LIU. 01. Ordir for Particulari (Otntral,) Id the, Ac. In Chamberii. Detween, &c. Upon licnring , and upon reii(lln(i Uiu affidavit of flUd tlic dny of 111 , mid It \s ordorrd lliiil the plnintifTdoliviT to tlip deTenilnnt nn Recount in writing of the pfli'lii ulnra of till' pliiiiitiff'i clnim in tinx iirliiiii, iind thut unlefis such parllculnrs In- ildivi'ipd williiii dayH tmni lliv dute ol tliis ord?r nil fiiitlivr proceediogi lie singed until the dellTcry thereut', and that the costs of this application be Dated, Ac, 93. Order for Particular* {Aeeident Can,) In the, &ii. In Chiimbers, Ketween, Ac. Upon hearing , and upon rending the affidavit of filed t!io day of 18 , and It is ordered thiit the plBintilT deliver to the defendant an nciuniit in writiu); of the piii'lli'ulars of tiir injiirieg and expenses mentioned in the stateini'nt of claim, together with the time iiiul place of the iicciilcnt, number of the and the particular nets of iicKliRence compliiincd of, and that unless such particulars be delivered within days from the date of this order ail further proceedings in this action shall be stayed until the delivery thereof, and that the costs of this applicalioD be Dated, Ac. 83. Order to Diicharge or Vary on application by Third Party, In the, Ac. In Chambers. Between, Ac. Upon hearing , and upon reading the affidavit of filed the day of 18 , and It is ordered that the order of in this action dated the day of 18 , be discharged lor varied by 1, and that the costs of thii application be Dated, Ac. 04. Order to Diemiet for want of proteeution. In the, Ac. In Chambers, Between, Ac. Upon hearing , and upon reading the affidavit of filed the day of 18 , and It is ordered that this action be, for want of prosecution, dismissed with costs to be taxed and paid to the defendant by the plaintiff, and that the costs of this application be Dated, Ac, ■:1:«-Ht ■lilli^u 1 i;;;* ;, ii!-fv3 ,96. Order for Delivery of Interrogutoriet. lu the, Ac. In Chambers. Between, Ac. Upon hearing , and upon reading the affidavit of filed the day of 18 , and It is ordered that the be at liberty to deliver to the inter- ro(;atories in writing, and that the said do, within days from the dale of this order, answer the interrogatories in writing by alFidavit, and that the costs of this application bo Dated, Ac. '("ii'trvf. ■ ' LIV. FOBMS. Jr ■a :i 2 Co; (.•"-' Ill-* . c::::;:i,^ : 86. Order for Affidavit as to Document*. In the, &c. Iq Chambers. , Between, &c. Upon hearing It is ordered that the do, within days from the date of tiiig order, answer on affidavit stating what documents arc or have been in possession or power relating to the matters in question in this action, and that the costs ot this application be Dated, &c. 97. Order to produce Documents for Intpection, In the, ftc. In Chambers. Between, &c. I'j),)!! hearing , and upon reading the affidavit of llie day of 18 , and It is ordered that the do, at all seasonable times, on reasonable notice, produce at the office of Solicitor, situate at the following documents, namely nud tiiat the be at liberty to inspect and peruse the documents so produced, and to take. copies and abstracts thereof and extracts therefrom, at expense, and that in the meaniime all further pro- ceedings be stayed, and that the costs of this application be Dated, kc. filed In the, &c. In Chambers. 98. Order for Service out of Jiirhdietion. Between, &c. and upon reading the affidavit of filed the bo at liberty to issue a writ for service out of Upon hearing day of l.S , and It is orilercil that the i)liiiiitiff the jnrisdiciion iigaiiist And it is further ordered tiuit the time for i\ppeiiriiuce to the said writ be within days offer the service thereof, and that the costs ot this application bo Dated, &c. In the, &c. In Chambers. 99. Order for SubstiluUd Service, Between. &c. and upon reading the affidavit of Upon bearing and upon reading the affidavit of filed the day of IH , and It is ordered that service of a copy of this order, and of u copy of the writ of sum- mons ill this action, by stnding the caiuc by a pre-paid po.st let'er, aildressud to tlie defendant at , shall be good aud sufficient service of the writ. Dated, to. 100. Order for Issue of Notice, cluiminy Contribution. In the, &c. In Chambers, Between, &c. Upon he;iring and upon roniling tlie aflidavit of filed the day of 18 , and It is ordered that tlie defeiulaut bo at liberty to issue a notice claiming over against , pursuant to the Hulos (if tlio .Supreme Court Order XVI., Uul Dated, &c. e 18. 3 from the date of tiiis een in action, and that tbe )f filed on rensonable notice, the following e i\t liberty to inspect ihstracts thereof and mime all further pro- filed the I'rit for service out nf id writ be within )n bo tiled the of the writ of sum- :r, addressed to the le writ. filed the lotice claiming rder XVI., R;ile 18. ( 1^ •'to.., , ~ ■ft::: In of t^ORMS. LV. In tbe, &c. In Chambers. iOl. Order for Examination of Witnuiet brfore Trial. Between, &c, nnd upon rending the affidavit of filed the day be examined viva voea Upon hearing of 18 , iind It is ordered tlint a witness on behalf of tbe (on oath or iiffirmaiion) before the llegistrar of this Supreme Court of British Colum- bia (or before special examiner), the solicitor giving to the solicitor notice in writing of the lime and place where tht ex>>mination is to talte place. And it is further ordered that the examination so talten be filed in tbe said Court, and that an office copy or copies thereof may be read nnd given in evidence of the trial of this cause, saving nil just exceptions, without any further proof of the absence of the said witness than the affidavit of the solicitor or agent of the as to his belief, and that the costs of this application be Dated, kc. In the, *c. In Chambers. Between 102. Order for Examination of Judgment Debtor. Judgment Creditor, and and upon rending the affidavit of Judgment Debtor, filed the day Upon hearing of 18 , nnd It is ordered that the nbove-nnmed judgment debtor attend and be orally examined ns to whether any nnd whnt debts nre owing to him, before me in Chambers, on the dny of next, nt o'clock, (or, before the Registrar at such time and place as he may appoint), and that the said judgment debtor produce his (hooka, or AS may be ordered) at the time of the examination, and that the costs of this applica- tion be Dated, &c. !!■ In the, &c. In Chambers, Between 103. Oarnithee Order (AUaehiug Debt.) Judgment Creditor, and Judgmeni; Debtor, Oarniabee. and upon reading the affidavit of , fil^d the Upon hearing day (if 1« , and It is ordered that nil debts owing or accruing due from the above-named garnishee to llie nbovc-narncd judgment debtor be attached to answer a judj^ment recovered apainst tbe said judgment debtor, by the above-named judgment crsditor, in the Snprpme Court of British Columbia on the day of 18 , for the sum uf $ , on which judgment the said sum of $ remains due and unpaid. And it is further ordered that the said garnishee attend before me in Chambers on the day of 18 , at o'clock in the noon, on an appli- cation 1)y the said judgment creditor, that the said garnishet pay the debt due from him to the said judgment debtor, or so much thereof as maybe sufiBcient to satisfy the judgment. And that the costs of this application be Dated, &c. ifeft 111 the, &c, In Chambers. Between Upon hearing of 18 104. Garnithee Order (Abaolute.) Judgment Creditor, and Judgment Debtor, Qarnishee. and -.ipon rending the nffldnvit of filed the day whereby it was ordered Ihnt nil debts owing or accruing due from the above-named garnishee to the above-named judgment debtor should be ii 'i liVI. Forms. attached to answer a judgment recovered ngainst the said judgment debtor by the abovc-nnmed judgment creditor ill the Supremo Court on tbe day of 18 , for tbe Slum of $ , on which judjrmeut the said sum of $ remained due and unpaid. It is ordered that the said garnishee do forthwith pay the said judgment creditor the debt due from him to the said jud;;ment debtor (or so much thereof as may be sufficient to satisfy tlic judcment debt J, and that in dcfiult thereof ezecutiou may issue for tbe same, and tliat tbe costs of this application be Dated, kc. ' : 105. .J '! ». ' ■„i .-■r"' :bm """ •«^ '1 * .-■ •»• •'»■■ ': ;!£k: ; Ct- .„. ■'■ . c;; ■:\r l, i^- Ml Interpleader Order, No, 1. In tbe, &c. In Chambers, Between and between Upon hearing d^v of 18 , and i' Is ordered that the claimant be barred, that no action be brought against the above-named [sherifPi , and that the costs of this application be Dated, Ac. Plaintiff, and Claimant, and Defendant, Respondent. and upon reading tbe affidavit of filed the In tbe, &c. In Chambers, Between Upon bearing day of 18 106. Interpleader Order, No. 2, Plaintiff, and Defendant, and , and upon reading the affidavit of , and Claimant, filed the It is ordered that th? above-named claimant be substituted as defendant in this action in lieu of the present defendant, and that the costs of this applicatioa be Dated, &c. Defendant, Claimant the Sheriff of Respondents, filed the 107. Interpleader Order, No, 3 In the, &c. In Chambers. Between Plaintiff, and and between and the said execution creditor, and Upon hearing , iii.d upon reading the affidavit of day of 18 , and It is ordered that the said sheiilf proceed to sell the goods seized by him under the writ of fieri fiicias issued herein, und |);iy tbe net proceeds of the sale, after deducting the expenses thereof, into Court in tliis cause, to abide rurlher order herein. And it is further ordered tlial llic jiarlics |)roeced to tbe trial of an Issue In tlio Supreme Court of British (Joliiniliin, in wImlIi the snid claimant shall be the plaintiff and the said execution creditur shall lie the det'endant, and I hut the qiiesiiou to bo tried ^hall be \,'lielli"T at tlie time of tlie seizure by ilie slieriff the goods seized were the properly of tlie claimant as agiiinst tlie elocution creditor. And it is further ordered that this issue bo prepared and delivered by the plaintiff theroiu witbiu from this d.ite, and be returned by the defendant therein within days, and be tried at And it is further ordered that the question of costs and all further ((nestions be reserved until after llip irial of the said issue, and that no action shall be brought against the said sheriff for the seizure of the said goodo. Dated, &c. ;ment debtor by the day of 18 , remained due id judgment creditor li tliercof lis may be bereof executioa may ndnnt, Respondent, filed the brought against the n be HI Claimant, filed the 3 defendant in this ipplication be mdant, Respondents, filed the d by him under the iiile, after deducting ler herein, of an issue in the linll be tlie plaintiff the question to be goods seized were •ed by the plaintiff e defendant therein irther ijiiestions bo I siirtll be brought ■:;j :\ ..C;;..ii:tj;; ,i] ]p«...„ "■ - Forms. 108. vm. Inttrpleader Order, Ko, 4. In the, kc, III Chambers. Between Plaintiff, and Defendent, aud between Claimant, and the said execution creditor, and the Sheriff of Respondents. Upon hearing , and upon hearing the affidavit of filed the day ot 18 , and It is ordered that upon payment of the sura ofS into Court by the said claimant within from this date, or upon his giving within the same time security to the salisfuclion of one of the Judges of the Supreme Court for the payment of the same amount by the said claimant according to the directions of any order fo be made herein, and upon payment to the ab'.ve-niimed sherifF of the possession nioney from this date, the said sheriff do withdraw from the possession of the goods seized by him under the writ of fieri facias herein. And it is further ordered that unless such p;iymcnt bo made or security given within the time aforesaid, the said sheriff proceed to sell the .said goods, and pay the proceeds of the sale, after d'jductihg the expenses thereof and iho possession money from this date, into Court in the cause, to abide further order herein. And it is furtber ordered that the parlies proceed to the trial of an is.?ue in the Supreme Court, in which the claimant sliall be plaintiff and the execution creditor shall be defendant, and that the question to be tried shall be whether at the time of seizure by the sheriff the goods seized were the property of the claimant as against the execution creditor. And it is further ordered that this issue be prepared and delivered by the plaintiff therein within from this date, and be returned by the defendant therein within days, and be tried at And it is further ordered that the question of costs and all further questions be reserved until after the trial of the s.iid issue, and that no action shall be brought against the sheriff for the seizure of the said goods. Dated, &c. W'Ki: loe. Defendant, execution creditor, and Respondents. filed the Interpleader Order, No. 5. In the, &c. In Chambers. Between Plaintiff, and and between Claimant, and the said the Sheriff of Upon hearing and upon reading the affidavit of dny of 18 , nnd It is ordered that upon payment of the sum of $ into Court by the said claimant, or upon his giving security to the sutisfaction of one of the Judges of the Supreme Court for the payment of the same amonnt by the claimant according to the directions of any order to bo made herein, the above-named sheriff withdraw from the possession of the goods seized by him under the writ of iieri facias issued herein. And it is further ordered that in the meantime, and until such payment made or security given, the sheriff continue in possession of the (joods, and the claimant pay ])ossession nioney for the time he so conlinnos, unless the claimant desire the goods to he sold by the .slierifi'. in which ease the shcriil' is to sell them and pay the proceeds of tlie sale, after deducting tlie expenses tlioreof and ihe possession money from this date, into Court in tlic cause, to aliide further order herein. And it is further ordered that the parties proceed to the trial of au issue in the Supreme Court of Uritish (■oliinibiii, in ivhicli the claimant sh ill be plaintiff and the execution creditor i^hall be defendant, and that the question to be fried shall be whether at the time of the seizure by the slicrilV the goods seized were the properly of the claimant as against the execution creditor. And it is further ordered that thi.s issue be prepared aud delivered by the plaintiff therein within from this date, aud be returned by the defendant therein within days, and be tried at And it is further ordered that the ((iiostioii of costs and all further questions be reserved until after the tii:il of the said irt;ne, and that no action shall be brought against the sheriff for the seizure of the said goods. Dated, &c. II, ■ Lvm. Forms. !' Interpleader Order, No. 7, In the, ftc. In Chambers. Between Plaintiff, nnd defendant, and between Claimant, and tbe said execution creditor and tbe Sheriff of llespondents. Upon bearing , nnd upon reading *he affidavit of tiled tbe day of 18 , and It is ordered that the nbf \ . nnnied sheriff procied to sell enough of tbe goods seized under tbe writ of fieri fnci'is ifsnpi. in th\s action to satisfy the expenses of tbe said sale, thy rent (if any) due, the claim of thl^laimnnt, and this execution. And it is further ordered that out of the p11)ceed!i of the said sale, (after dedncting tbe expenses thereof, nnd rent, if any,) the slUd sheriff pny to tbe claimant the amount of his said claim, nnd to tbe execution creditcfkttbc amount of his execution, nnd the residue, if any, to the defendant. And it is further ordered that no action be brought against the said sheriff, and that the costs of this application be $ Dated, Ac. sfendant, execution creditor pondcnts. nd consented thnt the teimincd in a, summary aavit of filud efendant, execution creditor ints. liled the ugh {)t the goods seized c expenses of the said 'Xecuiion. sole, (after deducting he claininnt the amonnt lis execution, and the . the said sheriff, and 4 i OOBTS. uz. APPENDIX (H.) COSTS. SCHEDULE referred to in ORDER LV. and in UVLE 385. [Note. — None of the chargta herein for letlem, doeumenli, or copies of doeumenti, or for the filing or tervice thereof, shall be allowed if such letters, documents, or copies be in the opinion of the Taxing Officer indistinct or not clarl;/ legible.'] [Mkho.— The various items are, as ncnrly ns possible, arranged alphabetically.] Affidavits. . \See "Pleadings and Papers,""] Appraranch, Entering, nnd including dupliciUc to be sonlcd, and attending to file $0 70 For ciicli defendant beyond tlic first 20 Entering an appearance limiting defence in actions for tbo recovery of land, in addition to the above 70 Attendanckb. On appeals to the Court or Fnll Court, on trijls with or witliout a jury, on demurrers and on special motions in Court where Solicitor is not partner of Counsel or acting as Counsel ,, , 5 At Judge's chambers 1 To give or receive undertaking to appear when service of process accepted by tt Solicitor 1 On Registrar in special cases, or on him or Special Examiner on examination of witnesses 1 And for each hour after the first 1 (On special and Importunt points requiring and attended by Counsel, as noted at the tiiue by the Ueglstrar, a fee not osceeding JlO may be allowed in lieu of above ) Taxing costs or revision thereof, per hour., 1 By Solicitor or Counsel to hear judgment, when attendance noted at the time by Registrar 2 To file or servo, and al'. other necessary attendances Settling minutes of any special judgment ur order. (5ee " Orders and Judg- ments.") Commissioner. For taking every aflidnvit For taking every recogizance , Copies, when uecessary for filing, or for service, and not other- wise provided for, per folio 00. 00 00 GO 00 00 00 50 25 50 Of Affidavits, Interrogatories, Pleadings, or Other documents. Order to charge a prisoner for execution Orders or rules (generally) for service And, per folio, above 3 folios Any necessary eojues beyond the first, per folio Summons. (.See Title, ■'Summons.") Writ of summons iiiid of eviry other writ for service, Including endorsements and notices ihereou lit any), each 1 CoaoNiiiis. Tlic siinic fees shall h": taxoil nnd allowe.l lo Coroners for serv'rea rendered by them, in the service, execution, and ri;iurn of process, as allowed to Sheriffs for the same services herein specified. 10 70 60 10 10 00 UL Costs. J't I Hi* ' r 3 -J p- ■'■- ■5 •■f ; c: :» ^ Fill TO OOUMIII. Oq Appeals before a slnfcle Jud^e, aritumont of , Appeals or r«-tienrlngii before the Full Court, argument of Brief on ntscismcnto Demurrers, Rri;ument of. Motions for ni'W trials, on ri'tiitri of an order tu allow cnuHr, under Urder 285 Motion fur Order Absolute in important cases, and wbetbor supporting or opposing bamo Special cases settled for argument, arguing same , Brief at trial or bearing* [*To bo increased (except in caeca of assessments,) by the taxing officer, in hii discretion, to n sum not exceeding $S0 to Senior Counsel, and $2S to Junior Counsel ;| provided that more than onR Counsel fee shall not be ollowcd In any case not of a special and imfioTTant nature, nor mure than twcr In any case, nor shall more than one fee bo allowed to partners acting as Counsel,] Chambers, attending, in cases proper, In Registrar's opinion, for attendaDco of Counsel „ ,, Consultations Motion of Course, or on Motion for Rule or Order Nisi, or on Motion to make Rule or Order Ab.xolute, in iniilters not ."peciiil Motions for new triitls, for Order to show cause under Rule '28j before Full Court, or Speiial Motion for Rule or Order Nisi (only one Counsel fee to be taxed),,, Motion, generally, to the Full Court P'.' idinga (except in cases when the Forms hereto are used, or ought to he used), petitions, or special cases, settling or rcvisiug same, in the dis- cretion of the taxing officer [On special and important points, Ac., for Fees. See " Attendances."] IK 00 15 00 15 00 15 00 15 00 15 'JO Ij 00 15 00 isf, miller OrJcr 15 00 er supporting or 15 00 IJ 0) 25 00 tiixinn officer, in oiinsel, nnrl $2fi sel fee shall not nature, nor mure owed to partners 1, for attendaDco 6 00 5 00 or on Motion to 5 00 28,-) boCori! Full il>' one Counsel 10 00 16 00 , or oiij^lit to he lame, in the dis- 5 00 endanceg."] 30 Baling duplicate 20 10 30 .. ; 30 irticles previous 2 BO 50 20 [ment or order, 50 30 30 50 70 1 00 1 111 1 00 1 00 2 00 cticu, including 50 20 20 10 , including any , .'. .'50 1 00 iserved, special 30 ,10 .'■)0 10 20 :!0 50 20 50 20 10 I i"^ W^^vii'^^-'? ;• i\. ''■M For r n R m '» i\ i Si W wl th it pr tb< pri of Appoin Attendi Over Aitendi Adniiiii Ccrlific Milking Markin; Tuking Copy I vin For or '. Afli An Ap 1)1 i liri V V C Coi I Coi Coi Coi Dei For OOSTS. FiES PiTABLi TO THi Cbown. — Continued. Drawing minutes, if necessftry, of any spcciol judgment or order, inclu- ding appointment to settle, per folio Office copifs per folio When prepared by Solicitor, exiimining nnd marking, per folio Payment of money into L'onit, for every sum under $201' $200 and under $-100 $400 nnd iibove lliat sum Payment of any sum out of Court Ileoord of conviction or acquittal, per folio Rule, not exceeding 5 folios Exceeding 5 folios, per folio ,.„ Reference, inquiry, examination, or other special matter referred to the Registrar, for every meeting not exceeding one hour ., ,., Every additional hour, or less , Recognizance Report by Registrar, per folio , Seal of the Court to any document (except a duplicate appearance, writ, or concurrent, alias pluries, or renewed writ, or subpoena), in addition to any other cliarge Searcliing tjles in ollice one year (if withini Over one year and witliiu two years , Over two years, or a general search in one cause.,,.. Subpoena , Writ of summons or any other writ, or renewed writ, including sealing and filing piii'cipe Note. — The above several charges shall include the filing of praecipes whenever they are required. And where any of the above fees are payable in respect of any matter or thing to be done by any officer or in any ofliee of the Supreme Court, and it shall not have been customary or may not be necessary to use any praecipe document or paper in reference to such matter or ching whereon the stamp could be affixed, the party or 'lis solicitor requiring such matter or thing to be done, shall make application fur the same by a praecipe, or short note in writinj; or print, and a stamp denoting the amount of the fees so payable shall be stamped or affixed to such priecipe or note. To Registrar as Examiner, Appointment 60 Attendance out of office, within two miles 2 GO Over two miles, extra per mile 25 Attendance upon an appointment when solicitor or witnesses do not attend, and examiner not previously notified , 1 00 .\dniinistering oath or taking affirmation Certificate '..,. 20 10 05 1 00 2 00 4 00 30 10 60 20 1 00 1 00 30 20 SO 20 30 50 30 50 20 50 50 20 50 10 Making up and forwarding answers, depositions, &c., including filing prsecipe ,. Marking every exhibit ,., , Taking depositions, per hour 1 Copy for solicitor, per folio, if required NoTK, — In case of a special examiner, not a salaried officer of the Pro- vincial Government, the above fees to examiner shall be paid to and kept by him for his own use, iNSTaUCTIONS, For or To {as the case may be.) Affidavit in answer to interrogatories, and other special affidavits 1 PO Amend any pleading 1 00 Appeal 2 00 lii'ief on motion for special in^nctioti 3 00 Uricf on hearing or trial of action upon notice o! trial given, before a Judge, with or without a jury, or on trial of an issue of fact before a Judjie, or on assessment of damages, or for brief on the hearing of un appeal when witnesses are to bo examined or cross-examined 2 00 Or not to exceed in difficult cases 5 00 Counsel to advise on evidence when the evidence in chief is to be taken orally 1 00 Or not to exceed 2 00 Counsel to make any ap|ilicalion to a Court or Judge where no other brief 1 00 Complaint, statement ol',„ 1 50 Ciiuuter-claini 1 50 Defence, confession of I BO *r. m Uttt. Costs. I ■*1:' •Hi •^ ■'-H., i""- 3- ■ 1-*^ C..: ■■,.■> C = ■r," i-~' J n***' ,:Mi ♦<•-. tf:C 'in? tnim- .■.,:) Sitii .,.. Ct: '." C: ;> j>.. h 1 50 1 50 1 50 1 00 2 00 1 50 1 60 1 50 2 00 ISBTRVcnom.—Coniinunf. For or To (as the case may be.) Defence, stiitcmcnt or further statement of , Demurrer Interrogatories for examinntion of a party or witness Joinder of issue witliout otlier mutter , , Petition, when nn initiatory proceeding Reply by plaintiff when defendant sets up a counter-claim Reply or further reply in any other case by plaintiff or other person, with or without joinder of issue Special case, special petition, any other pleading (not being a summons) Special jary, strike or reduce a Sue or defend 3 00 JUROBS, Each Special Juror, per cause 5 00 Each Common Juror, per day 1 50 But not to exceed in any one trial 5 00 Showers on a view, per day 5 00 For travelling expenses to the Slieriff or Under Sheriff and showers on a view, and to jury-men and witnesses in all cases, expenses actually paid, if rea- sonable. The Sheriff may in all cases where a jury is demanded, require a sum to be deposited beforehand in his hands, to defray the probable expense. The surplus (If any) to be returned by the Sheriff to the party making such . deposit, and the deficiency (if any) to be made good to the Sheriff by the party demanding the jury. Letters. To any defendant, before the action , Common letters In action, and between Solicitor and client, each With power to the Registrar in both cases to increase the fee for special letters to an amount not exceeding 2 No letter is to be allowed unless the Registrai' Is satisfied of Its necessity. Necessary agency letters in the course of a cause or matter to be allowed on taxation between party and party, as necessary attenduuQes. Postages, the amount actually disbursed. Notices, includino Copv. To or Of (as the case may be.) Admit, assess damages, appearance, appeal ,,„. Claim Discontinuance, of demand of residence, or demand of names of firm , Ejectment limiting defence , In lieu of statement of claim, Inspect Motion Produce books, &c., or deponent for cross examination Trial , Of I All other ordinary notices , , And for each folio beyond three folios in iiny of the above, when necessary, in the opinion of tlie Registrar Wheie notice of filing alliiliivils is required, only one notice is to be allowed for a set of aflidavits filed, or which ought to be filed together. Where any appointment is or ought to be adjourned, service of a notice of the adjournment, or next appointment, is not to be allowed. 50 50 00 50 50 50 50 DO 50 50 50 t i^ f € OnDEBS AND JcnOMEKTS. Drawing special minutes, v.ien not prepared by the Registrar, per folio 20 Each copy and service of appointment to settle '. 60 For every hour's attendance before the Registrar, by his appointment, on set- tling minutes, if noted by the liejiistrar or otlifrwi?e proved 1 00 The fee on settling minutes niiiy lie iiicrenscil in the discretion of the Registrar In ppeciiil c.iscs to a sum not exceciliiig So, wlicic the Solicitor attends lipi.-oiially. When the luiniitoj nre M-tllcd liotwoen tlie Solicitors, the Regis- trar shall Imvp the snmo di-fcrotion iis to the mnouiit to be iillowcil. None of the iibovc ch;irpi'> lire tn \>f allowed lu casts where any of the forms of orders or judgnieiils appeuileil licicio arc nscil, nr ought to be used. Note. — N'o ntjtice or Mppdiiitiiiciit to settle minutes shall be given except by direction of the Hegistnir, nor sliiiU any of the above costs be allowed except such direction shall have been given. , 1 50 1 50 , 1 50 1 00 2 00 1 50 f person, ■with 1 60 ig n, summons) 1 50 2 00 3 00 6 00 1 60 5 00 5 00 i-ers on ft view, ly paid, if rea- re a sum to be expense. Tlie Y making sucli . Slicriff by the fee for special lecessity. be allowed on 50 50 2 00 50 50 of firm 50 , 50 DO 50 50 50 50 hen necessary, 20 to be allowed her. of ft notice of U. r folio tment, on sct- the Registrar ieilor iiltcnds trs, llic Regis- lowed. None the forms of used. Vfcii except by its be allowed 20 60 00 Costs. Lxni. 05 05 20 00 20 00 00 20 00 50 50 20 Pkrcbal, Of affidavit of opposite party in reply to interrogntorie;!, or of special affldavits of oppo-'ite l)ftrty, per foli> ^ Interrogatories from opposite party requiring reply, per folio , Pleadings and other Pai'bhb; Dkawino them, &o. Accounts, statements, and other documents for the Judges' Chambers, when required, and fair copy to leave, per folio Advertisements, including attendance therefor 1 Affidavits in ansvirer to interrogatories and other special affidavits, per folio AtTidftvit of service, including attendance to swear, copy and oath, where ser- vice is not effected by the Sheriff „ 1 Appointments and obtaining Judge's, Registrars, or Examiner's signature thereto, and 1 copy for service 1 Any necessary extra copies for service, each ,...„.. Amendments of any pleading , 1 Authority to receive money out of Court Bill of costs for taxation, including copy for the taxing officer Or per folio, above 3 folios, of the bill as allowed, and including copy for officer , [Charges may, in the Registrar's discretion, be disallowed if not properly dated; but no charge for any attendance, letter, or affidavit sholl be allowed unless the correct date of such attendance, letter, or affidavit be inserted in the Hill of Costs.] Brief, on trial or hearing of cause, issue of fact, assessment of damages, exami* nation of witnesses, demurrer, special case and petition before a Court or Judge, commissioner, or examiner, when necessary and proper in addition to i)leadings (not exceeding 10 folios) 2 Or per folio over 10 folios, including briefing and fair copy of pleadings, depositions, affidavits and necessary documents subject to reduction by the Registrar for any suporfiuous matter or being of unnecessary length, or on account of the dates being omitted Nece.isary and i)roper observations thereon, not to exceed ten folios, per folio Brief for second Counsel when fee taxed to him, including copy of observations, per folio ^ Claim, statement of, including copy to keep 2 Per folio, above ten folios Cognovit, and engrossing, and entering judgment thereon, where there have been no previous proceedings and the true debt does not exceed $200 8 The same, when the debt exceeds $200 12 Cognovit, or warrant of attoriiCy, and engrossing, where there have been pre- vious proceedings, and attending execution , 1 Defence, statement of, or defence and counter-claim 2 Or per folio, above five folios Defence, confession of 1 Demurrer 1 Interrogatories, per folio Joinder of issue without other matter Judgment by default or final, including duplicate to be filed And for each folio beyond four folios For copy served, per folio allowed Orders, minutes, &c. {Se« Title "Orders and Judgments.") Particulars, breaches, and objections, when required, and one copy to deliver. Or per folio For each other copy to be delivered, per folio Petition, per folio Pleading, any other than those herein mentioned (not being a petition or sum mons) ' Prircipc for any proceeding not provided for, including attendance 70 Reply, with or without joinder of issue 1 00 Or per folio 20 Special case, whether original or in action, special petitions Suggestions Over three folios, per folio ;•• [All of the above allowances include engrossing, except for affidavits other than affidavits of service.] Pbobatb. On every Probate and Letters of Administration a charge of one per cent, shall hereafter be collected on the value of an Instate to father, mother, husband, brother, or siMcr of deceased; nnd in case of all other legatees, or next of kin, except wife or children, five per cent, on the value of the Estate shall be charged. N'o charge shall be made on the value of the Estate to wife or children. The costs of any action or proceeding in Prubate shall be the same as in other cases, and shall be regulated by this Schedule, 1 00 10 20 10 00 20 00 00 00 00 20 00 00 20 60 00 20 10 60 20 10 20 1 00 20 80 20 if:' t \i" 1 1:|3 i lilt. 1 3i i' ^ nti \k LZIV. Costs. Sales. Drawing advertisement for sale of real or personal estate under order of Court, including nil copies except for priatin); 2 00 And per folio, over Ave 20 To be increased in the Rpgistrnr's discretion to a sum not exceeding $10 wheti special information has been procured for the purpose of the sale. Copies for printing, per folio „ ., 10 Attending and arranging with Auctioneer 1 00 Revising proof 1 00 Fee on conducting sale when held where Solicitor resides 5 00> Fee on conducting sale, besides all necessary travelling expenses, where Solicitor attends with the approval of the Registrar previously given 10 00 Services op Writs and other Docuuents. For copies of writs (See Title " Copies.") Service of any writ, summons, interrogatories, petition, order, notice, or other document SO Mileage. See "Miscellaneous," at the end of the Sclunlule Where more than one attendance is necessary to efrect service, or to ground an application for substituted service, such further allownnce may be made as the taxing ofticcr shall tliink reasonable. For service out of the jurisdiction such allowance is to bo made as the taxing officer shall think reasonable. Service by post, if authorized, including posting liO Where any writ, order, and notice, or any two of them, have to be served to- gether, one fee only for service is to be ullowtd. Shkiiifp. For Advertisement, drawing, when required by law to be published in any newspaper, ft to be posted up in a Court House or other ])lace, and transmitting same 1 50 The sum actually disbursed for advertisements required by law in any newspaper. Affidavit of service, including attendances, oath, and copy, when prepared by Sheriff 1 00 Arrests when amount docs not exceed l$200 2 00 Do. do. do. 400 4 00 Do. do. is over 400 li 00 Attachment, arrest on (besides mileage) , 4 00 Bail bond, or bond to the limits , 2 dO Assignment of the same 1 00 liringing up prisoner on attacliment or Haboiis Corpus, besides reasonalile charge for travel, not to exceed 40 cents per mile 1 r)0 Executing writ of ])Osscssion, and serving and executing writ of delivery, besides mileage 00 Executing writ of assistance, besides expenses and mileage 5 00 Jury, special, notice of appointment lor ballot of, , 50 Balloting 5 00 Striking 2 50 Serving ehch special juror (besides mileage at 25 cents per mile) 50 Returning panel of special jurors,., , , 1 00 When sv.'orn 1 00 Jury, ordinary, when sworn 1 00 Letter written (including cojjy) required by party, or his attorney, respect- ing writs or process, when postiiKe prepaid 50 Mileage. See ".Miscellaneous," at the end of the Scliedule. Poundage on executions, and on attachments in the nature of executions, where the sum made shall not exceed iJIOOO, six per cent. Where the sum is over SIOOO and under ?4000, three |)er cent, on what- ever exceeds $1000 in addition to the poundage allowed up to $1000 ; when the sum is $■1000 and over, one and a half per cent, on whatever exceeds 1*4000 in addition to the poundage allowed u]) to $4000, exclu- sive of mileage for going to seize and sell, and except all disbursements necessarily incuned in the care or removal of properly, which dis- bursements shall not be allowed at a higher rate than 8'J.50 per day for the i)erson necessarily employed in the care or removal of such jiroperty Presiding or attendance on execution of any writ of isclieat, or other writ of a like nature t 00 Summoning each juror in such case 51 Bailiff's fee summoning jiuy, mileage rensonably incurred, per mile 'J") Hire of room, if actually puid, not to exceed per day , , 5 oO irder of Court, 2 00 20 ding $10 when sale. 10 1 00 1 00 5 oo; ivhcre Solicitor 10 00 lotice, or other >r to ground (in lay be ninde iis as the taxing be served to- 60 50 blished in nny her place, and I 50 . by law in any when prepared 1 00 2 00 4 00 (J 00 , 4 00 , 2 liO 1 00 des reasonable 1 riO It of delivery, G 00 5 00 50 5 00 2 50 mile) 50 1 00 1 00 1 00 lorney, respect- 50 of executions, cent, on whnt- up to $1000 ; t. on whatever $4000, exclu- disbursements ly, which dis- 50 per day for such ]iropeity or oi!u.r writ ..'...,....'.'....' " •'''1 per milt -■> 5 1)0 Costs. UEV. SBEBiFr.— Confmuei. For Replevin, precept or warrant to bailiff YB Drawing notice for service on defendant ,,,, 75 Delivering goods to the pi\i'ty obtaining the writ „ 3 oo Writ I)e Rctorno llabendo , 1 qq Bond .".".,'.'.',"....."., 2 00 All necessary disbursements for the possession, care, or removal of pro- perty ; which disbursements shall not be greater than those above allowed on poundage. Receiving, filing, entering, and endorsing nil writs or other papers, each... 25 Return of all process and writs, except subpoina 50 Return of any pleading, rule, notice, or other pajier 25 Sale of goods, notice of.. , , 75 Postponement of 25 Search, not being by a party to a cause, or his solicitor,..,. 30 Certificate of result of search when required (a search for a writ against lands of a party shall include sales under writ against same party, and for the then last six months) 75 Sequestration, executing writ of ,. 4 oo Serving process, non-bailable, or scire facias, each deicudant 1 50 Kach sunimoncr on writ of scire facias, i)er day, to be paid by the Sheriff 1 00 Serving any jileadiug, subpo'na, rule, notice, or other paper (besides mileage) 75 Each additional party served 50 Schedule taken on execution, attachment, or other process, including copy to defendant, not exceeding 5 folios , ...., 1 00 Each folio above five , 10 Viewing lands and instructing surveyors under Hah Fac Seisin, and viewing property under any Rule or Order, exclusive of mileage, per day 5 00 Giving ])osse3sion, exclusive of mileage, and assistance , 5 00 All reasonable necessary disbursements to surveyors and others, for sur- veying the lands and giving possession, to be allowed. Warrant to execute process mesne or final, when given to a bailiff. 75 iXo mileage shall be allowed except the distance for which it is claimed exceeds one mile.] Summonses. Summons to attend at Judges' Chambers, and copy to serve 1 00 Or if special, at taxing officer's discretion, not exceeding 3 00 Witnesses, Allowance to, n'hen residing south of Yale, per diem 2 00 When residing northward and eastward of Yale, per diem 3 00 To witnesses, being Chinese or Indians, their reasonable expenses actually in- curred in travellinjr, in lieu of mileag", and a sum not exceeding per diem.. 1 00 Barristers, Solicitors, Physicians, and Surgeons, when called upon to give evidence, in consequence of any professional service rendered by them, or to give professional opinions, per diem 4 00 Engineers and Surveyors, when called upon to give evidence of any professional service rendered by them, or to give evidence depending upon tlieir skill or judgment, per diem 4 00 If the witnesses attend in one cause only they will be entitled to the full allow- ance. If they attend in more than one case they will be entitled to a proportionate jiart in each cause only. The travelling expenses of witnesses over three miles shall be allowed, according to the sums reasonably and actually paid, but in no case shall exceed 30 cents ])cr mile one way. The expenses for maps, plans, or other matters not referred io herein, if neces- sary and allowed by t)ie Court or Judge at the trial or afterwards, shall be allowed according to their actual and reasonable cost, corresponding as nearly as possible to other charges in this Schedule. WuiTs OP Summons, and other Writs, Writ of summons for the commencement of any action 2 00 Endorsement of claim, if special 1 00 Notice of a writ for service out of jurisdiction 1 06 Kulqxena duces tecum 1 25 And for each folio beyond four 10 SubpdMia ad testificandum for niiy number of persons not exceeding four 1 00 Priiinring a writ of execution or notice to the Sheiilf, marked with a seal of renewal , .„,„ 1 50 i.';:^i ' t txvi. Costs. UJ ! I :yf Writs or SnHMONB, ko.—Oontinutd. Execution, or other writ to enforce nny judgment or order 2 00 Any writ not Included in tlirnliovc , , , 2 00 Tliese fees inclndc nil endorsements nnd copies, or proocipes, for the ofRcer sealing them, and attendances to issue or seal, and to deliver for service, but not the Court fees. HlSORLtANEOTTS. For necessarily attaching the seal of the court to any docnment, not chargeable with a specific fee in this Schedule or under any Act of the Legislature (other than ofHce copy fees) 1 00 When the Registrar is unable to make othce copies, the parties requiring them may make them on payment of a fee for a search (when made), unless the Registrar is called upon to certify them, in which case, unless otherwise provided, the charge shall be, per folio 05 When allowances are left to the discretion of the Registrar, he shall be guided, as near as possible, by allowances in the Schedule in analogous cases. A folio is to comprise 100 words, every figure in a column being counted as a word. JVUexfi. it haa been satisfactorily proved that proceedings have been taken by Solicitors out of Court resulting "uT expediting proceedings, saving costs, or compromising suits, an allowance is to be made therefor in the discretion of the Judge, corresponding as near as possible to the allowances specified in this tariff. Services to be made at a distance shall, when practicable, be effected through any person residing or being in or near the place where the party to be served may be, and where any mail, stage, steamer, or other regular means of communication can be used, the document to be served shall be sent by it to such person for service, and in such case only the mileage actually and cccessiirily travelled by the person effecting swi.ice shall, besides the ordi- nary charge for service, be allowed, and for correspondence .,, , 1 00 Mileage when payable in any case shall be allowed only for the distance actually and necessarily travelled, but not otherwise, at per mile , 25 No charge is to be made for filing exhibits at the trial or hearing, unless tliey are to remain permanently on the files of the Court. LowXR Scale. In case an action of the proper competence of a County Conrt be brought in the Supreme Court, the Plaintiff shall be ciilitlcd to tax only County Court costs, ;■ unless the Judge who presides nt the trial certifies, immediately after the verdict J * has bQen rendered/or nt nny future time to which he may have p ostponed the con- ■ sideration <)1 granlinf or refusing the certificate, or in case of judgment witliout a trial, thcn'iiYiless a Judge ccytifics thfl,t.it was a fit cause to be withdrawn from the County Court and brought in the Shpreme Court. 2 00 2 00 1 00 '(Bcipes, for the 1 to deliver for , not chargeable the Legislature requiring them iie), unless the nless otherwise 05 ihall be guided, gous cases, ug counted as a been taken by s, savipg costs, n the discretion irauces specified ffccted through the party to be r regular means hall be sent by go actually and esides the ordi- 1 00 ir the distance r mile 25 ng, unless they nrt be brought in the County Court costs, ately after the verdict ve p ostponed the con- of judgment without ) be withdrawn from "'" Tr^^^-^^ "^ ^ T 1 i j .'.',u' it i ■•"9 '-- .1,,; . ll Index. Lxvn. INDEX. ABATEMENT, ploa in, abolish^'', R. 130 of actior. no^.^, by marriago, death, or bankruptcy, if caxiB© of action continue, E. 351. ABOLITION, of audita querela, R. 328 of bill of exceptions and proceedings in error, R. 420 of exceptions to affidavits, E. 221 of now assignment, R. 131 of terms, sec. 4 of the Act. of vacations, J{. 417 of procedure under Bills of Exchange Act, R. 9 do. do. Act No. 17 of 187C as to trials of actions, R. 2Sl of writ of injunction, R. 30(5 of writ of inquirj', in certain case, RR. 71, ''OS of writ of inquiry before Sheriff on judgmt nts by default, § 15 of the Act. ABSENCE, verdict or judgment obtained in absence of party may be set aside on terms, on application made within six days after trial, R. 269 ACCEPTANCE, of service by defendant, R. 32 of sum paid into Court in satisfaction, R. 212 form of, 20, p. xiii. See Taking Money out of Court. ACCIDENT, a ground for setting aside nonsuit, R. 306 ACCOUNT, claim for, to bo endorsed on writ, R. 18 application and order, with directions usual in Equity, for, where writ so endorsed, RR. 81, 82 and inquiries may be directed at any stage, R. 210 of unnecessary length or improper, to be visited with costs, R. 386 form of claim for account stated, 30, p. xvii. ACT, The, interpretation of, O. 62 Bills of Exchange, procedure under abolished, R. 9 Trustees Relief, person liable in respect of a chose in action may in disputed case pay same into Court under § 3 (6) of the Act. ACTION, definition of, § 21 of the Act. form of, R. 1 to be commenced by writ of summons, R. 4 to have date of year and to he tiled and entered, R. 24 for recovery of laml, person not named in writ may obtain leave to defend on affidavit of his possession, R. 61 person defending as landlord in possession to state that he appears as such, R. 02 any person may limit his defence in, R. 64 m- y-- ■ 1 IXVIII. Indbx. i ■...( ,„. - "tifcfc |- ~.. . •''' I - .'li c::.;» ACTIOm.— Continued, for recovery of land, where liinitotl, or no, appearance, plaintiff mny enter final jiulginont for part not dcfcnclod, II. 72 and also procooil for meaiio profits, or ront,*iV;c., if endorsed as tt claim, it. 73 not to be joined with other cause except for mesne profits, arrears of rent, or breach of contract, II. 1(15) defendant when in jiosscssioii need not plead his title unless an equitable estate or unless he seeks equitable relief, R. 132 where nommem'ed in arnni/ mtme, Court may substitute or add name of true plaintiff, li. St not to fail by misjoindm* of parties, (,'ourfc nmy dismiss or add parties on ccrlain conditions, K. 90 discontinued or withdrawn in whole or in part by plaintiff or dofen- daiit, UK. It!;], I()4, 1(55 how to bo tried, li. 2U> not abated h>j marriage, dfatli, or bankruptcy, if cauao of, continued, and not to be defective by asHignniont, creation, or devolution, of estate, 1{. 351 may be consolidated as hitherto, R. 358 ACTS, inconsistent with the Judicature .\ct not to prevail, § 22 of the Act. Interpleader, as to, li. 2 ADDITION OF PARTIES, being beneficiaries, may be directed at any stage in actions by trustees, &c., 11. 89 as plaintifl;8 or defendants in actions, Ell. 08, 99, 100, 101 ADDRESS, indorsement of plaintift'or his solicitor, etc., liR. 19, 20 of defendant or his solicitor to bo stated in appearance, RR. 50, 51 r '1 i> ' ADJOURNMENT, of trial, Judge may direct, RR. 270, 271 of hearing of motion, where parlies whom Court or Judge thinks ought to have been served have not, R. 371 written consents to, shall be filed, 11. 3Sl of motion on appeal may bo ordered, R. 403 ADMINISTRATORS OR EXECUTORS, may represent estate without beneficiaries, but Court may order new parties to bo joined, R. 89 no party other than, shall appear on claim made against estate, unless otherwise ordered by a Judge, R. 98 if party appears without leave his costs shall bo disallowed, R. 388 subject to R. 108, claim by or against, may be joined with those by or against them personally if with reference to same estate, J!. 112 ADMINISTRATION ACTION, forms of claim, defence, and reply, &c., pp. xviii. to xxiii. do. general indorsement on writ, &c., S, p. iv. ADMINISTRATION OP ASSETS, bankruptcy or insolvency rules to apply to, § 3 (1) of the Act. Indix. lil, § 22 of the Act. or Juilgo thinks Court may order lo against estate, .0 same estate, J{. I of tho Act. ADMISSIONS, allegation of fart in pleading, not I.eing petition or summons, (leenied admitted 11' not dciucd, I,'. ]'M any party may on IiIh pioadingM giv(^ ni.tieo lliat lio admits tho whole or part of IiIh opponent's (iiHe, i{. L'lid when Court tliinlis i'ael ought to iiave been admitted, which is not, it may order costs o( proof, !!. 155 il' any party tail to deliver any pleading or demurrer within time allowed, pleadings deemed closed at expiration of time, and statement of lact in pleading last delivered deemed admitted, I{. 206 any party at any stage may apply for such order as on admissions in pleadmgs ho is entitled to without awaiting determination of other questions, |{. 2f)!( either party may call on other to admit document, and if he do not, costs of proof may be charged against liim, I{. 237 costs of proof not allowed where no notice given, ibiil. evidence of, R. 239 form of notice, II. 238, and 26, p. xv. AFFIDAVIT, on applimfinn for leave to serre out of jurisdiction must state grounds of, R. 45 of service, or of notice in lieu ofsi-rricc to be filed by plaintiff before proceeding in default of appearance, U. 07 ttflidavit to entitle person to defend, must sliow a good defence on merits, R. 75 defendant may show cause against a])plieation of plaintitt' under R. 7."), by afftilavit stating whether his defence goes to tho whole or part of demand, etc., I{. 77 tnterroqatories to be anm-cred by, to bo filed within ten days, or time allowed, R. 218 form of it, 22, p. xiv. objection to answering, and grounds of, to bo stated in, R. 220 form of (IS to thei'niciit's, R. •22't, 2:!, p. xiv. application for order for inspection to be founded on, showing of what documents inspection is sought, etc., R. 230 of solicitor or his clerk to signature of admissions to bo evidence thereof, R. 230 Juihje man order any point to lie proved lnj, K. 274 upon motion, petition, or summons, evidence may bo given by, but Judge may order attendance Ox deponent lor cross-examination, R. 275 to be confined to matters M-ithin knowledge of deponent but may on interlocutory matters state deponent's belief, with the grounds of it. Costs of atiidavit containing inadmissible, im- proper, or unnecessarily lengtlij' matter to be paid by party tiling, RR. 276, 3SG containing extracts from or copies of documents to be visited with costs, R. 276 costs of, or part thereof, may bo disallowed by Judge at hear- ing or upon application, or whether objection raised or not, and ]>arty whose costs are so disallowed must pay costs occasioned to others ly im|iropi'r matter. Where not dealt with by Judge taxing ofliccr may look into it as if ordered to do so and disallow costs, U. 3S6 evidence by, onlcr as to, O. 38 within fourteen days from consent to take evidence by, or within time agreed, plaintitt' to file affidavits and deliver list to defen- dant or his solicitor, R. 278 defendant within fourteen daj-s, or time agreed or ordered! to file and deliver list to plaintiff or so'icitor, R. 279 \!m^. in. Index. ...1 . c:.) AFFIDAVIT.— Cbn^•nMerf. within sovcn tiftj'B after sniil fourtoon, or time ngroeil or ordered, pltiintirt'lo rtio rt'piioH itiid dolivcr list, It. 'J80 party dosirous to tTosH-oxainino deiioiKMit to servo purty filing uffldiivit with notice to prodiiei) him ut trial. UnlcsH deponent produeod, his uffldiivit exeludod unless by special leave, J{. 281 party notified can compel alionduncc of deponent us of witness, U. 282 where evidence by, notice of trial same after close of ovidonco us pro- vided After close of pleadings, H. 28:{ used in Court to bo used before Full Court, l{. 400 necessary on application under R. UaO for orde.', J{. i5f).'{ of scripts, fiinn of, 2iJ, p. xvii. in I'robatc (ictions veritying indorsement on writ, R. 25 in Probate uotionR any one may intervene on showing his interest by, I{. (iO In Probate actions whore defendant has appeared, plaintiff need not deliver his atatonient of claim until s duy.s alter defendant has tiled his afflduvit of siriptH, II. 150 person in possession of Imiil, as to which suit I'or recovery is ])ending, may intervene on showing by, that ho is in possession, J{. (II form of, as to documonls, 2;t, p. xiv. of Service. See Sekvick. AGENT, form o/ claim, defence and reply in action against dol credero, 34, p. xxiii. See Forms. ALLEGATIONS OF PACT, in a pleading (.not petition or suminons) if not denied or stated to be not admitted, to be deemed admitted, II. I'M when Court thinks, ouglit to havo been admitted which are not, it may order costs of |)roof, l{. lof) which the law presumes in favour of a party or as to wliirh proof lies on opponent need not bo made in pleadings, unless first spocifically denied, R. 145 AMENDED PLEADING, to be marked, II 17!) to bo served on opposite part R 180 See Pleading. within lime allowed for amendment, t 'V ■' ! m AMENDED STATEMENT OF CLAIM; may bo served with amended writ, or within four days after ap- pearance to amended writ, It. 102 See Pleading. AMENDED WRIT OF SUMMONS, by leave of Court or Judge at any stage, R. 181 AMENDMENT, of Btateraent of claim, R. 102 of statement of claim by matters hitherto alleged by way of now assignment, R. 131 may bo made without leave of statement of claim before time expires for reply, or if no defence offered within four weeks from last appearance, R. 172 of pleadings, order as to, O. 27 of pleadings may be directed when person served with notice of claim to contribution has appeared to defend, R. 107 of pleadings to be marked thereon, R. 179 ;roed or ordavtd, orvo purly filing UnlcHH (lopoiieiit oc'iul leiivo, J{. 281 us of witness, It. if ovidonco us pro- [) |{. 863 11. 25 winy his intorcst l,l)Iuintirt'noed not Iter (icfenfliint him covory is ponding, )osi40sai()n, J{. (il t del crcdero, 34, jnicd or stated to a4 which are not, it UH to wlii'h pvoot iiiings, unless first id for amendment. ir duys after ap- liy way of now iaim before time -'itiiin four weeks ed with notice of I{. 107 Indix. LXXI. AMENDMENT.— ro;(^/ll/^v/. o( pliMKtinjr (iomiirrcd to, not to ho m. lo ponding demurrer wlthoot leave, |{. 1S8 Court may at any stngo allow, or order improper matter to bo ox- pun oil, |{. 171 by defendant who has j)I(>ii(KmI set-otfor (.ounter-claim may, without leave, he made li'itore lime for |)leadiny to reply; or, if no reply, then before 2H diiys from (iling defenee. It. 173 after, under iM{. 172, 17.'!, ojiposlte piirty may within 8 days apply to (liMallow it or part of it, U. 174 after, nnder I{i{. 172, 17:1, opposite parly nu»y apply for leave to plead or amend, U. 175 ot writ of suninions by leave at any stage, 11. 181 of nolico of ajjpeal may be made as Fall Court shall soo fit, B. 403 time for, may be abridged or erdarged by a Judge, R. 397 or by eonsent in writing, U. ;]{»8 AMEND, in other eases any party may apply for leave, at trial or any other time, to ainemi any pleading. II. 17(1 party having leave to, not amending within time allowed, or within 14 days, leave fails, J{. 177 how to, R. 178 ANSWRJ{ TO INTKHHOdATOi.lKS, to bo by affidavit, H. 218 further, nmy be required, 11. 222 party may use some in evidence without putting in others; but Court may, if it think exclusion unfair, order otherwise, E. 236 r/i-(i roru, nuiy be directed by a Judge, R. 222 fonn 0/, 22, p. xiv. See Discovery. APPEAL, lo mean re-hearing where intended, 0. 02 FUOM IlEOISTRAR, to Judge at Chambers by summons within four days from ord* complained of, or further time allowed, li. 377 no stay of proceedings, unless ordered, R, 378 KROM ClIAMUERs, to bo bj' motion to Full Court, within eight days from order com- plained of, It. 37t) KROM COUNTY COURT, OR MINING- COURT, to a single Judge. R. 399 KROM JUDGMENTS, RUMNOS, OR OIlUEns 01' A SINGLE JUDGE, to Full Couri, ronsisting of not less than two Judges, 11.400 shall bo by m ot re-hearing by notice ot motion, stating whether from mIkm nv jiarl of order, U. 402 notice of, from iudgment, to be fourteen days' notice, li. 404 from interloi utory order, four days, ib. iiittiri' (if, to be si.T\ d on all jjartios alfected, 1{. 403 may be served on others by order of Full Court, ih. may be amende;! as Court shall order, il>. copy ot, with pra'eii)e, lo be tiled, and officer to sot down cause iov rehearing, R. -WS crossap])eal unnecessary; should respondent require va- riation of order he must noliiy parlies aft'ccted, R. 406 such notice, subject to special order, to bo eight days in case of final order, two days in case of interlo- cutory, 1'. 407 evidence on, from decision on question of fact. R, 409 on question ot Judge's ruling, how settled, B. 410 ■^ I'« ■ C;:.:» Im" i' . I LXXII. Index. A'PPEAL.— Continue'/ . shall not bo barred or prejudiced by inlorlocutoiy order unappeaied from, K. 411 none from interlocnilory order later than twontj'ono days, and no other appeal later than four months but by leave, J{. 412 no stay of execution unless ordered; intormodiato act not invali- dated b}', unless ordered, IJ. 418 none trom order by consent, but by leave of Judge making ordei-, sec. 8 of the Act. nor for costs except bj' similar leave, ih. on, from interlocutor}' orders fresh evidence may bo used without special leave, 11. 40,") but from final orders, iVc, admitted only on special grounds, ib. See CouHT, Full Court. APPEAEANCE, form of, 6, Ca, p. iii., and R. 53 order as to, No. 12 time for, to be limited in order for leave to serve out of jurisdiction, E. 4(j may be entered any time before judgment, but notice to be given if entered alter time for, J?. 5i) how to bo entered, U. 49 where partners sued in name of firm, E. 55 where a person sued in name of firm, II. 56 of tAvo or more defendants by same solicitor to be in one memo., E, 57 by person not party who /s -ncrred irith notice under E. 104, and wishes to dispute plaintitl"s chiim must bo entered, within eight days from service of notice, E. lOG if not, he will bo deemed to have admitted judgment obtained against defendant, ih. but may apply alter default lor leave to enter, ih. if he appear on notice, party .ui-ing notice may apply for directions as to hearing, E. I(t7 by person not inirty served with dei'ouco and counter-claim to be entered, as it served with writ ol summons, H. 158 must be entered by person served with order to make him party, in case of change by devolution, &c,, of estate, E. iiSS by defendant's solicitor, must state liis address, E. 50 by defendant, must state liis address and address for service, 1{. 51 may be set aside where address is illusory or fictitious, E. 52 officer to enter, in cause book, E. .J4 solicitor not entering pursuant to written undertaking, liable to attachment, E. 5^ on, tu iriit spct'idlhj iiiih.H'si'il^ plainlilV may call on del'endant to show cause why he may not sign final judgment for demand, interest, and costs. E T-^ plaintift' mi(>/ irit/t'iiil Ivure iiineinl ytateineiil of claim before I'cpl}', or if no defence, within four week.s from last appearance of any defendant, E. 172 in Probate actions b\' any pcu-son on t" ug affidavit of interest, E.tiO in dctinn fur reravry 'if liiiiil, iKH'HOW |Hissession nniy by Judge's leave enter, R. (il by landliu'd must- state dial he ajipi-ars as Muh. !;. (12 by jH'rsdh not ciel'endant olilaiiiing iiiivc to ilefend how to lie entered, and what nutiro lo he gi>'en, E. Go person niay liinil dcfeiK'e to jtart, l>. (11 /'//•/a i»/notiec of limiting dei'enee, 7, p. iv.. and E, G5 on 'Irfiwlt of, order as to, .No. 13 order unappealed Olio days, und no :i;vo, U. -112 to act not invali- go making order, bo used without n special grounds, »ut of jurisdiction, notice to be given be ill one memo., f. 104, and wishes vithiu eight days initted judgment .'utor, ih. o may apply for n Lev-claim to bo 158 like him party, J{. o55 ■)0 for service, K. 51 ious, 1{. 52 •Luking, liable to londaiit to show ioniand, interest, ■fore reply, or H'arancc of any of'imoi'cst, J{. ()0 ijiy 1 y Judge's .siH'li, !;. (i2 ) iIcIoikI how to n, U. (J)} uid j;. 05 Index. liXXIU. APPEAEANCE.— Co/t/mMe<) of cio Act, or under ER.' 360, 361, if by ]danlilf under siili-soe. 8, .nay Lu c.r piirte or by notice, and if under ER. 30ii. 'liil, atloi' nclic'' to defendant at any time after issue of writ of summons, and if bj' any one else than plaintiff then on notice to plaint iff at anytime after appearance by liarty applying, E. .'!02 for order under i\. MfiO, inay be made by jilaintifV at any time after his right appoars tioni i)loading8, and if none, then by aflidavit to satisfaction ot'.ludge, it. .'I()3 to Court or Judge in i'o\\:-i to bo l)y motion, E. 367 at chamiiers to be by summons, E. 375 to Full Court to be by niotioi , E. 402 to be made to Registrar liy jira'cipc for orders of course, E. 300 AEGT^MENT, of demurrer not to li^ limited to ground of law stated, E. 183 AEEEAIiS, of rent, where claim for, indorsed on writ lor recovery of land, and doloiMlant ma las doiault in pkaling, plaintift^' may enter judg- ment for land, and proceed lor, E. 202 LXXIV. ASSESSMENT, of damiiiifes to Indbx. be mndo without writ of inquiry, and on notice ot ■^ it .i--~> ik«-i .,,4 trial as in ordinary cases wiiore interlocutory judgment for default entered, iili. 71, 108 on judgment by default shall not bo by sheriff, but before a Judge, § 1;') of the Act. form 0/ judgment in default of appearance after, 52, p. xli. ASSIGNMENT, of debts or choses in action, to be effectual to transfer legal right of action from date of notice to debtor, § 3 (G) of the Act. except as provided, Ih. such seecion of the Act not to limit operation of "Act to make debts and choses in action assignable at law," (19th May, 1876), ih. pendente lite docs not make action defective, I'. 351 of estate pendente lite, action to bo continued by or against new owner, R. 353 ASSIGNOR, of chose in action, consent of, not necessary to enable assignee to recover where assignment absolute, § 3 (6) of the Act. ASSIZE, Judge holding, shall constitute a holding of Supreme Court, § 11 of the Act. Nisi Pi'ius, Oyer and Terminer, &c., Courts of, may be held with or without commissions, § 1-4 of the Act. at times and places to be fi.\cd by Order in Council, /6. if held without commission one of the Judges to preside, ib. who may reserve his decision in civil proceedings, and same when given afterwards shall be considered as given at trial, ih, ATTACHMENT, writ of, order as to, 0. No. 44 solicitor not appearing after undertaking to appear, liable to, Ji 58 party disobcj-ing order foi' discovery, iS:c., liable to, K. 232 api)lication for, in such case, may be founded on service of order on solicitor, fl. 233 party mi'y show ignorance in defence, R. 2.33 solicitor not giving notice of service on liini of order, liaMc to, II. 234 payment of money into Court may lie entorceil by, or by seques- tration, li. 30fi judgment tor recover}- of proj)orty other than money nuiy be en- forced by, K. 310 judgment requiring person to do any act, otiicr than pay money or abstain from au^- act, enrorecable by, or committal, 1{. 311 a "writ of execuiion" includes writ uf, H 312 not to be issued without leave on notice to party to be attached, R. 334. form of writ of, 79, p. xlix. Of Deiits, order as to. No. 45 Judge may order, on ijrocess described in, R. 33(i service ot order ol', to bind debts, W. -WM proceedings to levy amount due from garnishee to iudgmcni debtor, K. 33S where garnifilioe diH|iutes his liability. R. 33'.) where third ]iersoii lias u lien on the debt, R. 3 !•) Judge nuiy bar claim of third person or make other order, R. 341 booli to l)e kept liy oflicer. J{. 343. cost.s of applicalion for, dlHcretionary, \[. 344 fornix iif .hidtjc'-s Orilcrs rcldt'in/ to, 1(")2, l(t3, 104, p. Iv, ,S('e CiAHNlSHEK. A.1 AT onoy iiuiy be cn- lo bo attached, Index. ATTOENEYS, to bo called solicitors of the Court, § 18 of the Act. LXXV. AUDIENCE, counsel to have, in costume similar to that of counsel appearing belbro Superior Court of Ontario or Quebec, iJ. 416 BALANCE, on set-off or counter-claim if in favour of defendant. Court may give judgment for, R. IGl BANKRUPTCY (OR INSOLVENCY.) claims by trustee in, not to be joined, exp*^ ')y leave, with claims due him in other capacity, R. 110 denial of right to claim as trustee in, to be 'p ;ifically stated, R. 128 not to abate an action if cause of action survives, R. 351 taking place pendente lite. Judge may order successor in interest to bo made party, R. 352 rules as to administration of assets in, to bo applied to administer- ing estates of deceased persons, or winding up companies, &c., with insufficient assets, § 3 (1) of the Act. BILL OF EXCHANGE, ' no writ under 'Bills of Exchange Act" to be issued, R. 9 plaintifi' may join all or any of the persons liable on, as parties, R. 87 consideration need not be alleged if plaintiff sues on hill only, unless first denied, R. 145 forms of statement of claim, defence, and reply, in action on, 3u, 43, pp. xxiv., XXXV. See Forms (general or special indorsements). CANCELLATION OR RECTIFICATION OF DEEDS, form of general indorsement in action for. Sir, p. v. See Deeds. CAUSE, interpretation of, § 21 «f the Act. of action, several may be united in same statement of claim and action, R. lOS but Court may order separation of, '/;. entered for trial can be withdrawn on showing officer consent in writing signed by parties thereto, R. 1(11 CAUSES PENDIXr; o.\ New Rules toming into touoe, At Common Law, to L'> continued under new rule;? if no declaration delivered before they ttiUe effect, R. 421 in other easo.s, to be continued under the old practice until close of [ileailinifs, and alferwards under new rules, ib. In Eyurrv, to be continued under oiil jiraetiee where replication or notice ol' motion I'or decree has been tiled or served before new rules taUc eftect, R. 422 in otlier ca.ses, to be continued \uo\vv old practice up to, but not inelusiv..' of, time for replication or delivery of notice of motion for decree, I lien nndcr new rules, /''. any pa""ty at libeil v to apitlv U>v eliango to new rules, RR. 421, 422 CESTUI QUI" TK1..ST, claim of, against tru^*tce not to be barred by Statute of Limitations, S 3 (2) of the act. -0i:-': UCXVI. Index. J CHAMBERS, Order as to, 54 sittings in Victoria to bo as far as reasonably practicable continu- ous, R. 399 every application at, to be summarily by summons, 11. 375 appeal from llegistrnr to bo heard in, R. iiTS appeal from Judge in, to be to Full Court, li. 379 to be by motion within 8 days, ib. CHANGE OF PARTIES, order as to. No. 50 CHANGE OR TRANSMISSION, of Interest or liability, where by, &c., it is desirable that fresh party be added Court may order, R. 35* CHOSE IN ACTION, absolute assignment of, to be effective transfer of legal right to, from date of notice to person liable to pay, § 3 (G) of the Act. when assignor disputes assignment, ib. CHRISTMAS, not to be reckoned in comijutation of time, limited to less than six days, R.'395 CIRCUIT, jurisdiction of Judges on, § 10 of the Act. rules of Court for regulation cf, may be made by Order in Council, § 17 of the Act. See Assizes. CLAIM, indorsement of, order as to. No. 3 to be made on every writ before issued, R. 11 when partly admitted, plaintiff to have judgment for that part, and defendant may defend as to residue, R. 78 lor mesne profits, arrears of rent and damages for breach of con- tract connected with premises, only to be joined with claim for rctc /cry of land, R. lOU by ti usteo in bankruptcy, not to be joined Avith claim in any other capacity, R. 110 for contribution. See Contr.'bution. by or against husband and wife n)ay be joined with claim by or against them separately, R. Ill by or against executor oi* administrator may bo joiiiod with cluini by or against him personally providi'd hiHt nu'iitioiied flaini arise in reference to estate lie re])resents, R. 112 by plaintiffs jointlj' may be joined with claim by them or any of them separately against aanii defendants, 11. ll.'i statement of, to show if claim is i ir diHcovory only, II. 12.") tement of, to bo dolivereil to dofondant, unless at appearance ho state ho docs not require it, I'. 119 See Statement of C'LAtM. CLOSE, of pleadings, Order No. 25 on default by any party in pleading, pleadings close at time for the putting in of the ])lpailing as to wliicdi default made and last jdiiidiiig dcenu'd to ln' admittoil. U. 2(»(; when iilt'i linjiM ho cIoklmI l.y dclaull, inlerlociitory judgment may !■■' ('!i',c>rod and damages assessoil on nolice of trial, \c., K. 19S on d*; ,1 It of ajipcarance in case ol unli(piid!iti'il dania.ucH, trial to !.!0 had as in cases where ])lo;ulingH closed and bronulit to issue, n a of cvidonce taken by ailidavil, iiiKkr (Jnler .'IS, alter, notice of trial may bo given us on close of pleadings, R. 28;^ cticablo continu- i, 11. 375 3 that fresh party of legal right to, ii (G) ot the Act. 1 to loss than six Order in Council, i'or that part, and breach of con- d M'illi claim for iiini in any other rith claim by or lli I i: nod with claim oiitioiied cliiiin > lieni or any of R. 125 appearance he at lime for the made and last judj;nient may iriiii; \v., K. l!)S iniaii-i'M, trial to roiiL^il to iKsiie, I', notice of trial Index. Lxxvn. COMMISSIO JJS, of Courts of assize, oyer and terminer, &c., § 14 of the Act. See Assize. COMMITTAL OR COMMITJIENT, for disobedience to judgment, R. 311 COMMITTEE, lunatic, to sue and bo sued by (O. 18), K. 117 COMPANIES, service on, statutory provisions as to, retained, R. 39 if one party be a corporation or body capable of suing or being sued, other party may apply to deliver interrogatories to a member or officer thereof, R. 216 COMPUTATION OF TIME, months, unless expressed to be lunar, shall be calendar months, E. 394 certain holidays excluded in, R. 395 time to amend or ; 3 (7) of the /\ct il\-, betbre the Act. now to if ])huntilV nuiy j (iiii a s pa '-lies ^lil or an>' of the persons severally or ointly and severally liable on, I ,1 lied, ly lie sini (ly alleged in pleadings relerriiig only to cor- |K))uieiue. ete., in w bleb sii}i|)Osed to lie involved, \l. 144 denial in pleading ot making, not lo be deemed a denial of suffi eieiie\- ot, 111 MV U. 14U ?j i> fiCe SPECIHU PjiatOU.MANOE. I'l .-SI \i J i 7*^ Lxxvni. Indiex. CONTEIBUTION, being claimed by defendant over against third person, Court may order question to be determined, J{. 10."} where defendant claims, from person not parly, latter must be served with notice by leave. It. 104 if person so served wishes to dispute plaintiff's claim, to enter appearance within 8 days, Jl. 10(5 not having entered appearance in time, may apply for leave to do so, ih. if person not party, appear on notice, person giving notice may apply for directions as to hearing, etc., 11. 107 person served may have leave to defend; and be ordered to deliver pleadings, etc., lb. 00-PAETNERS, may sue or be sued in name of firm, E. 93 COPY, of writ of summons, to be signed by plaintiff or his solicitor, and left with proper officer when presenting writ lor sealing, J{, 23 of entries in debt attachment book may be taken by any one, E, 343 COEPORATION, service on, statutory provisions as to, retained, E. 39 intorrogatoi'ies may be delivered to member or officer of, by leave, CPSTS, ^-"^ Order 55 Schedule op. Hee App. H, p. lix. lump sum for, may be agreed upon between solicitor and client, E. 385 no appeal from order for, except by leave, § 8 of Act may be regulated by Order in Council, § 17 (3) of Act. of other or more prolix forms than those given in rules, disallowed, ER. 5, ] 19, 386 of affidavit containing improper or prolix matter to be paid by party filing same, ER. 276, 386 of improper, prolix, or unnecessary matter in any account, notice, pleading, or document, to be disallowed by Judge or by taxing officer, even if not objected to, R. 386 defendant, ei'cn if unsuccensful, entitled to, occasioned by joining pet- sons not entitled to relief, mnlees Court otherwise order, R. 83 defendant paying within time limited by iudorgement, may have costs taxed, and if reduced by more than one-sixth, plaintiff'i solicitor to pay costs of tuxati^ui, R. 17 if defendant docs not appntr. and writ specially indorged, plaintitf may sign judgment for debt, interest, and coits, R. 68 and if i ' aim is liquidated, hui writ not specially indorsed, plaiiitill may file affidavit of service and p.-^rtieulars of deraaiul, and have final judgment (or nmonnt and costs. \i. 70 difendant may sign judgment for, it action diseonliniicd, E. 165 plaintilf's, up to confession of defence, It. 148 plaintift' ilolivcring statement of claim without being required, may bo ordered to pay, E. 14^ {r) if Court lliinks fuels should have been aiimittod whicli arc not, il er costs ii.y P if party in probate gives notice that ho only wishes proof in solemn plaintiff form, ho Ih only liable to costs, as at prcsoiu, 11. It!:; disi'milinninfj in ichAc or in p'trt, to pay costs of part discoii- I -A tinuod, K. 103 srson, Court may y, latter must be 's claim, to enter ap))ly for leave to giving uotlco may 7 ordered to deliver V hi« solicitor, ami b lor scaling, 11. 23 bj' any one, E. 343 1.39 ifflcer of, by leave, itor and client, E. Act f Act. rules, disallowed, Icr to bo paid by Hccount, notice, [idge or by taxing ;(1 by joiiiing pcf- Iwisc order, R. 83 lemerit, miiy have Ic-sixth, piaintifT'i rdofiied, plaintitT jils, K. 68 jecially indorsed, julars of deinaiid, Is. 11. 70 Itimicd, R. IfJ.) iiy required, may liiicli nro not, it, proof in solonin 111. hVJ. ts of part discoii. CO&TS.— Coniinued frivolous (Jemnrrer set anlde with, E. 183 if demurrer not entered and notice given within ten days after delivery, and party demurred to do not within same time serve order for leave to amend, domuiTer stands with costs as if held good on argument, 11. 187 no order to amend while demurrer pending save on payment of costs of demurrer, E. 188 of demurrer allowed, to be paid by unsuccesstul party unless other- wise ordered, E. 189 on demurrer to whole of claim being allowed, plaintiff shall pay defendant whole cost of action, li, 190 of demurrer ovrcrruleri, to be i)aid by party demurring, E. 192 if plaintiff bound to deliver statement of claim do not deliver it in time, defendant may move to dismiss with costs for want of prosecution, E. 195 if plaintiff's claim bo for liquidated demand only, and defendant do not in time dolivor defence or demurrer, plaintiff may enter final judgment for amount and costs, E. 196 in action for recovery of land, if defendant in default, plaintiff may enter judgment for possession and costs, E. 201 where plaintiff' accepts money paid into Court in full satisfaction, he shall give notice and be at libertj- to tax his costs, and in case of non-payment within forty-eight hours to sign judgment for costs taxed, E. 212 Court may visit with costs persons improperly exhibiting intt fr,rjau> -ies, E. 214 of proving documents not to be allowed unless notice to admit be tii'st given, R. 237 party producing deponent for cross-examination not entitled in first place to costs of producing him, E. 281 of setting aside non-suil, K. 301) of application tor attachment of debts in discretion of Judge, E. 344 when allowotl in motions c.v purlc, E. 369 in general, to bo subject to discretion of Court, R. 382 on trial b}- jury to follow event, unless Court otherwise order, ib, of a])pcal to Full Court to bo in discretion of Court, E. 405 of cross appeal where notice of not given, E, 406 security for, on appeal in discretion of Full Court, E. 406 amount of and time and form for giving as Court or Judge may direct, R. 383 bond tor, to be given to party not to officer, E. 384 setting otf, E. 3S7 of party improperly a])pearing on any proceeding to be disallowed unless otherwise ordered, R. 3^S of ajiplicatiun to extend time to be allowed (subject to special order) once only as costs in cause, il. 389 ncleet to have taxed when necessary, not to prejudice other '^ parties, E. 390 which arise from negligence, mistake, or over-caution, or for pro- ceedings not ealeulated to advance the interests of justice to be disallowed by ta.xing otHeer, R. 391 fuvm of iniJorscnii'nt for, lt>, p. vi. CUUNSEL, rights and privileges ot, may be regulated by Order in Council, § 17 (3) ot the Act. to have audience in like costume as counsel appearing before Superior Courts in Ontario or Quebec, E. 416 need not sign pleadings, E 121 See SCEKDULK OF FekS ok CliSTS. •mr ■y 1Z3UC. Indkx. :i I i I ' COUNTER-CLAIM, statement ol, to be delivered tc plaintiff, R. 119 (n) to have oficH't of Htatctnont of claim in a crosH-action, R. 120 may be }nit in for any right or claim whether tor liquidated or unliqui(hited damaf^es, J{. lliO Court may on application of plaintiff before trial rofuso permission to defendant to rely on it, R. 120 statement of, to state specifically the relief sought, R. 125 where more than one defence, to be stated severally and distinctly, R. 126 where defendant seeks to rely on facts as snyjporting, ho must state specifically that he does so by way of, R. 127 defence to, arising after action, may bo pleaded in plaintiff's reply, R. 146 where defendant sets up, against others besides plaintiff, his defence to be marked with further title, similar to fresh statement of complaint, and delivered within time allowed for delivery to plaintiff, R. 15G such others should be served with copy of defence, R. 157 may be ordered to bo excluded and disposed of independently on application in some cases before trial, R. 120 and in other cases before reply, R. 160 if established. Court may give defendant judgment for balance, if any, R. 161 defendant having pleaded, may, without leave, amend before time for pleading to reply, or if no reply bclore twontj^-eight days from filing defence, R. 173 withdrawal of, RR. 163, 164 forms of, in foreclosure and other actions, Nos. 36, 37, &c., p. xxvii, L. seq. See Defence. COUNTY COURT, appeal from, to be heard by single Judge ii; first instance, R 399 if afterwards re-hcard by Fill! C'ouit iresh evidence inadmis- sible on, R. 405 COURT, when one Judge constitutes, § 10 and 11 of the Act. means Supremo Court of Rrovince, j; 21 of the Act. and Full Court, when context in Rules admits, O. 62 of Assize, &.C. Sec Assize. rules of, to be made by Order in Council, § 17 of the Act. sittings of, in Victoria to be reasonably continuous throughout the year, R. 39l» and trials without a jury in Victoria to bo hoard at any time on notice of trial, R. 261 Pull Court, jurisdiction of and how constituted, § 5, 6, 7, 9 of the Act, and O. 5S, lUl. 400, ef kc/j. not to consist of less than 2 Judges sitting together, R. 400 sittings of, to be held when necessary, R. 401 See Appeal. CREATION OF ESTATE, pendente lite, not to make action defective, R. 351 Court may order action to be continued by or against the person to whom estate has come, R. 3r)3 CREDITOR, form of general indorsement by, to administer estate, 8a, p. iv, CROSS-ACTION, counter-claim to have effect of statement of claim in, R. 120 Indkx. ucxzz. 1 rofuBO permisBion ont for balance, if 6, 37, &c., p. xxvii. limits, O. 62 CROSS-APPEAL, rcBpondont need not ^'ivo notice of, but is to give notice to the parties aftbctea of iiis iiitcnlioii (if any) to ask for variation of oriler appealed from, 11. 40G omission to do so, not to prcjiub'ce powers of Full Court, ib. but may affect question of costs, ib. CROSS-EX \ Ml NATION, Judge may, on application of either party, order attendance for, ot deponent who has made affidavit on motion, petition, or sum- mons, II. 275 party desiring, of such deponent, to serve on other party notice to produ'.'e him at trial, notice to Im served before expiration of fourteen dayw aflcr time for filing affidavits in reply, or other time arranged or ordunid, and unless deponent is produced his affidavit excluded, 11 281 party served with notice may compel attendance ol 'loponent as witness, li. 282 CUSTODY AND EDUCATION OF INFANTS, rules of equity to prevail in matters relating to, § 3 (10) of the Act. DAMAGES, by collision at sea, rules as to, in force in Admiralty to prevail, § 3 (9) of the Act. when ik'fendant fails to appear to action for, statement of claim need not be tiled, hut plaintiff may sign interlocutory judgment and give notice of trial for assessment of, It. 71 jnay be assessed on tlei'auit of appearance, or of pleading, or of ap- pearance, without writ of inquirv, by giving notice of trial, JIK. 71,198 or in any way in which action may bo tried, II. 71 to be assessed against defaulting defendant at time of trial when several defendants, 11. 199 shall be assessed by Judge and not by Sheriff on judgment by de- fault, § 15 of the Act. for breach of contract, when claim for, indorsed on writ for i-e- covcry of land and defendant makes tlefault, plaintiff may enter judgment against defaulter, and proceed according to rules, 11 202 form of jud (J III Jilt in default of appearance after assessment of, 52, p. xii. forms of indorsement for, and other claims, Nos. 11, 12, pp, vii., viii., ix. ,%<; FoiiMs. DATE, every writ to bear date of issue, \IR. 10, 318 of renewal, to he on renewed \\rits, IIW. 30, 322 production of, stamped with seal, evidence of renewal, &c., R. 31 to be given to pleadings, 11, 124 DEATH, of party not to abate action, if cause of action survive, E. 351 pendente lite Court or Judge may order successor in interest to be made party, 1\. •'!r>2 DEBTS, due to judgment debtor may he attached, R. 386 bound by service of order of attachment, R. 3o7 ])roeecdings where third jjcrson claims lien on, 11. 340 to levy any due from garnishee to judgment debtor, R. 338 costs of application for attachment of, R. 344 1< Lxxzn. Indbjc. DECfiEE, to includo word "judgment," § 21 of the Act. See Judgment. .•a ■A. \i 3 ; Co li I rlif If ^r: f -J DEEDS, oancoUation or rectification of, on default of appearance in actions for, plaintiff mny proceed as if ap^^carauoo entered. See rule and foot note to J{. 74 form of indorsement of claim for, p. v. DEFAULT, if made by person serving writ in Indorsing date of service within three days plaintiff cannot proceed by, in case of non-appear- anco, R. 41 in pleading, O. 29 where one of several defendants makes, plaintiff may set down cause on motion for judgment against him, or wait till ho sots it down against other defendants, E. 205 of appearance, O. 13 on notice of claim to contribution on behalf of defendant, to be deemed admission of validity of judgment, Jt. 106 to a writ for nccount, on, order may bo made for R. 81 judgment by, may bo set aside, R. 208 See Ai'PEAUANOE. See Pleadinq. DEFECTIVE, action not to become, by assignment, creation, or devolution of estate pendente lite, R. 351 DEFENCE, order as to, No. 22 to action for recovery of land niiiy bo limited to part thereof, R. 64 plaintiff to have judjiimont lor part not defondcd, and (.'efenco pi'occed as to residue, R. 7h statement of, to bo delivered to plaintiff, R. 119 by plea in aljatemcnt abolished, R. 130 of not guilty by statute, retained, R. 133 if pleaded, no other defence allowed without leave, ib. general denials in, not sufficient, save where provided by rules, E. 137 to set-off, or counter-claim may bo pleaded in reply, R. 146 ground of, arising after action brought, but beioro delivery of de- fence may be pleadL'd, togL'thor with other grounds of, R. 14() eight days allowed for delivery of further, or reply after statement of, or reply where now defence to action, or set-off, or counter- claim has arisen, R. 147 by matters since action brought, plaintiff mny confess and cluim costs, R. 148 to be delivered .within eight days from statement of claim, or time limited for appearance, R. 152 may bo delivered within eight days after appearance, though state- ment of claim not filod or rcquived, R. 153 to bo delivered to persons interested in counter-claim within same time as to plaintiff, R. 150 person not pari} soi'ved with, to aiipoar as if served with writ of summons, R. loS not to be withdrawn without leave, R. 1G3 (c ) but may be ordered to be withdrawn or struck out, ib. may bo combined with demurrer, R. 185 knoe in actions ored. See rule service within of non-appear- may set down /ait till ho sets of defendant, to [;mont, R. 106 do for 11.81 devolution of , thereof, R. 64 and (.'efcnco ve, ib. by rules, R. UG ■livery of de- kIs of, J{. 14() Iter statement (flf, or countor- 3S8 and cU;im 3laim, or time though state- within same with writ of It, ib. IiroEX. uxxin. DEFEND, leafo to, where writ specially indorHcil, R. 76 when given, appearance to lo enloied in time limited, R. 154 in action for recovery of land, H. (il DEFENDANT, interpretation of, § 21 of the Acl. appearance of, O. 12 default of, O. 13 getting leave to defend when writ specially indorsed, O. 14 if sued in repremitafivn rnnncitu, fact to appear in indorsement of writ, R. 14 persons may be joined as, liable jointly, severally, or alternatively, each need not be interested in whole relief, R. 8G plaintiff may join as defendants all or any persons liable on same contract, R. 87 application to strike out or subxtitiita to be by motion or summ ons, R. 100 where added, plaintiff may amend and serve amended coi)y on, R. 101. joint claims of plaintiffs may bo joined with several claims of any of them against same, R. llo may apply to confine action to one or more causes, R 115 statement of claim n-liere delivered before defendant added, may be amended, and amended statement delivered to him with writ, R. 102 added, must be served, RR. 99 (c), 101 served irith writ may demand from plaintiff''s solicitor whether writ issued by his authority, R. 28 may, by leave of Court obtained ex parte, be served b}- plaintiff with notice of motion along with writ of summons, or after writ before time for appearance. R. 374 having been served with wilt of summons, but not having appeared within time liniitod may be served by plaintiif with any notice of motion, without leave, Ac, R. 37.'{ application may be made under /?. 360 or 361, on notice to, after, writ of summons, R. 362 appearance by, R. 49 solicitor of, to state his address, R. 50 in person to state in memorandum his address, and if resident moro than two miles away, Ac, an address for service, R. 51 more than one by one solicitor, to be named in one appear, ance, R. 57 • may be entered at any time before judgment, ]{. 59 after time shall entitle plaintiif 's solicitor or plaintiff it he sues in person to notice thereof, R. 59 not named as such, and obtaining leave to defend, to be entered and notice as above to bo given, H. 63. any person not being, but served with defence and counter-claim, to appear as if served Mith wrii of summons, 11. 158 appearing to n-rit spcciidly indor.fcd, may be called on by plaintiff to show cause why ju'igincnt should not be signed, R. 75 seeking to defend nuiy siiow eause against entry of judgment, R. 77 and be ordered to atlend and be examined on showing cause, ib, one may have leave to defend, while judgment allowed against another, R. 79 such leave may bo allowed with or without conditiona, R. 80 on default of appearance by, plaintiff proceeding by, must file aflSdavit 'of service or notice, R. 67 judgment may be signed against, where writ specially indorB' od, R. 68 V ■:Sr -;#■- IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I UitlM |Z5 ^ ^ §22 i« 12.0 lis u 11-25 iin 1.4 II 1.6 Hiotographic Sdences Corporation 23 WBST MAIN STREET WEBSTER, N.Y. MS 80 (716) 872-4503 ^ ^ o'^ IXXZIV. IXDEX. * Ml I ::» .J («■ ■ c:.> DEFUNDAST.— Continued. under disability, plaintiff may apply for guardian ad litem To, B."66 and after appearance by, to writ for account. Court may ox'der account to be taken, unless defendant show some prelim- inary question to be tried, E. 81 by some to writ specially indorsed, plaintiff may sign judg- ment against defaulters and proceed against those who appear, R 69 . on liquidated claim, writ not being specially indorsed, and no statement of claim required, plaintiff may file affidavit of service and particulars of demand and enter final judg- ment, E. 70 on liquidated claim and claim for damages, interlocutory judg- ment may be entered and damages assessed, E. 71 claiming to be entitled against third, person, Court, on notice, may make order for settling question, E. 103 claiming over against third person, to serve such person by leave with notice, 104 raising counter-claim involving othei'S besides plaintiff, to entitle bis defence, as a statement of claim should be entitled against such persons, and deliver it to them within time allowed him to deliver to plaintiff, E. 15(i in issue arising not between plaintiff and, if one party fail in deliv- ering pleading, other may apply for judgment, E. 207 may apply to dismiss action for want of prosecution, if plaintiff' bound to deliver statement of claim, fail, E. 195 paying within lime limited by writ may have costs taxed, E. 17 where action for debt or damages, may pay into Court and plead, specifying claim or cause of action in respect whereof payment made, E. 209 to deliver statement of defence, set-off, or counter-claim, E. 119 (rt) may set up any claim, liquidated or not, E. 120 in Probate may give notice that he only insists on will being proved in solemn form, E. 162 in possession, in action for recovery of land, need not plead title unless equitable title, K. 132 ploa of possession sufficient in other cases, ib, relying on facts to support net-off or counter-claim, must state specifically that he docs so, E. 127 raising counter-claim in defence, other party may apply before replj"^ to exclude it, E. 160 may plead not guilty by statute, E. 133 may plead alone or with other grounds, ground of defence arising after action, but before delivery of defence, R. 146 where it arises after delivery of defence, or after time for such delivery, defendant may, within eight days after it arises, and by leave of Court, deliver further defence, H. 147 if defence shown by, arises since action brought, plaintiff may con- fess and claim costs. It. 148 after appearance of, no statement of claim to be delivered more than six weeks from, unless by order, E. 149 after appearance of, in probate, plaintiff need not deliver statement of complaint till eight days after affidavit of scripts, R. 150 to deliver statement of defence within eight days from delivery of statement of claims, or from time for appearuncc. E. 152 not requiring nor receiving statement of claim, may deliver defence within eiglit days from api)oaran(.'e or extended time, E. i53 getting leave to defend, must deliver defence as ordered, or witliin eight days from order, E. 154 7nay by leave of Court withdraw defence or counter-claim, or part thereof, E. 163 ((;) in ad litem To, B. 66 Court may order ihow some prelim- f may sign judg- igainst those who T indorsed, and no lay file affidavit of . enter final judg- iterlocutory judg- sed, B. 71 't, on notice, may person by leave )laintiff, to entitle be entitled against lime allowed him party fail in deliv- nt, E. 207 ;, if plaiiitif houiul its taxed, R. 17 Court and plead, whereof payment aim, E. 119 (a) I will being proved ;d not plead title •8, i.lj. ;:Iaim, must state nay apply before tf defence arising 146 er time for such fter it arises, and 147 jliiintiff may con- delivered more deliver statement cripts, 11. 150 li'oni delivery of lice, R. 152 y deliver deforce .'d time, R, ibli lorcd, or within er-daim, or part '■'-*'-v LVDEX. ixxxr. DEFENDANT.— Confmtierf. having set up set-off or counterclaim, may, without leave, amend before time for pleading fo reply, or if no reply, then before twenty-eight days from filing defence, R. 173 on failure of, to plead or deimir, pleadintp to be dosed at time for pleading or demurring, and last pleading deemed admitted, R. 206 may deliver interrogatories when delivering defence, or thereafter not later than close of pleadings without order, or at any time by leave, R. 213 failing to comply with order to answer interrogatories or discover documents, liable to attachment and to have defence struck out, R. 232 may within four days of notice of mode of trial, elect to have Judge and jury, R. 251 may if plaintiff do not, within six weeks from close of pleadings, give notice of trial, R. 252 may instead apply to dismiss action for want of proseou- tiou, R. 253 may apply to Judge for jury trial, where no notice given to try before jury, R. 254 may withdraw cause by consent, &c., after it has been entered, R. 164 not appearing when action culled on, plaintiff may prove bis case so far as onus on him, R. 267 appearing and plaintiff making default, entitled to judgment if he have no counter-claim, but if he have, ho may prove it so far as onus on him, R. 268 within fourteen days of consent to take evidence by affidavit to be fur- nished with list of plaintiff's affidavits filed, R. 278 within fourteen days from such delivery of lists to, or to his solici- tor, or other time agreed, to file his affidavits and deliver list to plaintiif or his solicitor, R. 279 failing to deliver defence or detnurrcr in time, if claim liquidated, plaintiff may enter final judgment with costs, R. 196 it more than one in such action, defaulter to suffer judgment without prejudice to other parties, R. 197 if claim for detention of goods, or damages, plaintift'may enter interlocutory judgment and have damages assessed, R. 198 if more than one, in such case, judgment against defaulter, and action to proceed against others, R. 199 damages against defaulter, assessed at trial against others, ib in action for liquidated claim, and also detention or damages, is liable to both courses being taken against him, R. 200 in action for recovery of land, plaintift'may enter judgment for possession and costs, R. 201 where claim indorsed for mesne profits, &c., plaintiff may enter judgment and proceed as provided, R. 202 in Probate action, action to proceed notwithstanding, R. 203 in other actions, plaintiff may set down on motion for judg- ment, R. 204 in action of nature last mentioned, if one in default, plaintiff ma}' either set down against defaulter at once or at time when entered for trial, or set down on motion for judgment against others, R. liO') on discontinuance of action wholly or in part, may sign judgment for costs, R. 1G5 on failure by plaintiff' to set down action on motion for judgment, may set down and give notice of, II. 293 but after 3'car's delay must get leave, H. 297 entitled to costs caused hy improper plaintiffs being joined, R. 83 to whole costs of action, on allowance of demurrer to whole statement of claim, R. 190 See Parties. ■ ^i I! 1^," ■i ■' UXXVI. Indkx. If n 1 ■- -J , cc: DELIVBBY,' of pleadings. See Pleadings. of amended pleadings, to bo within time allowed for amending, 1{. 180 of interrogatories. See Disoovehy. writ of, to enforce judgment for property other than land or money, EE. 310, 350 form ofprc^cipe for writ of, 71, p. xlvi. form of, wi'it of, 77, p. xlvlii. form of, or of assessed value, 78, p. xlix. DEMUE, any party may, to any pleadins; or to any part thereof setting up a distinct case, E. 1H2 DEMUKEEE, Order as to, No. 28 to state whether to whole or part of opposite pleading, E. 183 and some ground in law, il>. if frivolous, set aside with costs, E. 183 to be delivered as any other pleading in same time, E. 184 . to part of claim, may bo joined with defence to residue in one pleading, and so of, with other pleading, E. 185 and pleading to same matter must be by leave, E. 186 when delivered, either party may enter for argument, and give notice, E. 187 if not entered w,ithin ten days, and party demurred to do not in meantin;*.' sorve order for leave to amend, demun-er stands good, lb. pleading demurred to not to bo amended, pending demurrer, with- out leave, E 188 argument of, not to be confined to point of law stated, E. 183 if allowed, party losing to pay costs of, E. 180 if allowed to whole of claim, plaintiff to pay whole costs of action, E. 100 where allowed, part of pleading demurred to be deemed struck out as between parties to demurrer, E. 191 where overruled, demurring party to pay costs of demurrer, E. 192 where overruled, Court may order demurring party to raise by pleading case against mutter demurred to, 11. 1!)3 form of, 48, p. xl. form of entering, for argument, 49, p. xl. DENIAL, of right to claim as representative, to be stated specifically, E. 128 specifically or impliedly, of tacts or allegations in any pleading necessary, or facts, kc, deemed admitted, E. 134 except against party under disability, lit. must not be evasive, E. 139 general, in pleading not sufficient except where provided, E. 137 of making of an alleged contract, not to bo a denial of its sufficiency in law, E. 140 DEPONENT, may be cross-examined on his affidavit, E. 281 and may bo compelled us witness to attend to be, E. 28i See Affidavit. DEPOSITIONS, taken before officer of Court or other person, may be ordered to bo filed and given in evidence, U. 277 Sae Affidavits. ^' f Index. UUUTIL }reof setting up DETENTION OP PROPERTY^ Court may order, 361 DEVOLUTION OF ESTATE, pendente lite, ER. 351, 353 DISCHARGE, of orders by a Judge to be by Full Court, § 9 of the Act ^DISCLOSURE, by solicitors and plaintiffs, RR. 2S, 29 DISCONTINUANCE, Order rts f<,, No. 23 may bo by consent in writing, R. 1(34 by plaintiff before reply, to be by notice as to whole or part, and on payment of costs as to part discontinued, R. 163 save as provided plaintiff not to withdraw or discontinue, but Court may, on terms, order, R. 163 (/>) Court nm^ order withdrawal or cancellation of any part of defend- ant's defence, but he cannot without leave « itlidraw any part. . Ib3 ((') defendant may sign judgment for costs of, R. 165 may be bj' written consent of both parties shown to officer, R. 164 DISCOVERY, INSPECTION, INTERROGATORIES, Order as to, No. 31 statement of claim to show if for discovery only, R. 125 plaintiff, from delivery of statement of claim, and defendant, from delivery of defence up to close of pleadings without order, and either" party f\t any time by leave, may deliver interrogatories with note at foot, stating what party shall answer what inter- rogatories, K. 213 Court may visit with custs persons improperly exhibiting interroga- tories, R. 214 if one party be corporation or compuuj- incorporated, other party may apply for leave to deliver interrogatories to any member or officer, R. 216 /orm of interroijatory, 21, p. xiii. any interrogatory as scandalous or irrelevant, or not bona fide, liable to be struck out, R. 217 answer by affidavit filed within ten days, R. 218 form nf (inturer, R. 219, f. 22, p. xiv. objection to answering, and ground of objection, to be stated in affidavit, R. 220 party omitting to answer sufficiently may be ordered to answer or to be interrogated viva voce, R. 222 production of documents may bo ordered a,, au^' time during action or proceeding, K. 2l';> jipplication for order lor discovery of documents, R. 224 form of (iflhhiril in answer to such order, l\. 225, f. 23, p. xiv. party to any proceeding entitled to give notice to an}' other party to produce any docuiiient reforretl to; party not complying unable to use document in evidence, unless he can show good cause for non-production, R. 220 form of such notice, R. 227, f. 24, p. xv. part}' receiving sucli notice to deliver notice stating when and wlieie inK|)oction may bo had, R. 228 form iij suc/i iintlcc, 'I'l, \). XV. if party omit to give such last-mcnLionod notice, or object to give inspection, other party may apply to .fudge, R. 22b applications for inspection to Judge, how supported, R. 230 ■:3: ;■ t :!■■! i^: !■*•!•: ti' •Lxxxvtn. Indbx. ■■4 DISCOVERY, INSPECTION, mTEmiOG\TORl¥.S.— Continued. Judge may order question on whioli right to discovery depends to bo first decided, R 231 consequences of JUiluro to answer or give inspection, R. 232 service of order ior discovery, kc, on solicitor sufficient to found motion for iitlaojnncnt for disobedience. Party may show ignorance of service in defence. If. 233 solicitor not giving notice of IiIh service liable to attachment, K. 234 party may use one or more answers to interrogatories, &c., in evi- dence, without putting in others. Judgt may order others, if proper, to be put in. J{. 235 ^ DISMISSAL, of action when statement of c'lim not delivered In time, R, 195 plaintiff not answering interrogatories liable to, for want of prose- cution, R. 232 where defendant, instead of giving notice of trial, applies to Judge, order for, of action, may be made, R. 253 of motion wheiu proper parties not served, II. 371 DIVORCE CAUSES, not affected by "Supreme Court Rules, 1880," R. 419 DOCUMENTS, how, to be delivered, R. 123 effect of, may be stated in pleadings without setting out, R. 141 unless precise words are material, ih. may be ordered to be produced on oath, R. 223 not produced in compliance with notice, not to be put in as evidence unless good cause for non-production shown, E 226 either party may call on other party to admit, and if he do not, to be charged with costs of proof, costs of proving not allowed where notice not given, 11. 237 form of notice to admit, 20, p. xv. whole contents of, may be referred to. on hearing of special cases, R. 241 form of notice to produce, 24, p. xv. form of notice to inspect, 25, ]). xv. inspection of. See Disooverv. • DOUBT, in, as to proper person to be sued, plaintiff may join two or more persons as defendants, R. 87 ENLARGEMENT OF TIME, may be made, though time expired, RU. 397, 403 may be by consent in writing, R. 398 ENTERING, demurrer for argument, 1?. 194 appeal for hearing, R. 408 EN'J'RIES IN DEBT ATTACHMENT BOOK, copy of, may be taken by any one, J{, 343 ENTRY, of tiiiiii;- writ ot suninionw in l>uulv, li. 24 of ti|iL'(.'i:il cM.si- for arfjunu'iit, I!. 1'15 of judgniciit onler tin to, O. 41 of jiiilunioii!, U) Uxki' elU'it from day on which requisite papers left w ith proper officer, J{. 303 S. — Continued. •very depends to on, R. 232 ifflcient to found Party may show ttnchmont, II. 234 lories, &c., in evl- y order others, if I tiifie, R. 195 ir want of prose- applies to Judge, 419 ag out, R. 141 i)ut in as evidence E 226 I if ho do not, to iug not allowed of special cases. Index. UCXXTX. >in two or more site papers left ENTRY.— C'on^■rt«e, on motion, petition or siiiniuons to bo Ijy affidavit, but Judge may order deponents to attend for cross-examination, R. 275 Judge may order examination before any officer of Court, and such examination may be given in, U. 277 Order iit< to, by affidavit, 6. 38 within 14 days after consent to take evidence by affidavit plaintiff to file affidavits and deliver li.st to defendant or his solicitor, R. 278 Court or Judge may order detention, preservation, or inspection of prcperly (Hul.jeet-niatter ot suit), or authorise entry or taking Hiiniplew, or niaking experiments, for purposes of full inlorma- • lion uv evidence, \i. 15(31 Full Court may take fresli evidence except in Mining and County Court ajipeals, R. 405 ■'.fc^r ■.:%'' sto. Imobx. EVIDENCE.— Contin i/(v/. frosh can bo yivon without Icavo on interlocutory uppliontiou, or us to nmttcra occurring; alter date of judgment under appeal, on ' other matters only hy louvo, ih. when question of ta^t under appeal, manner in which evidence is to be adduced in Full Court, UR. 409, 410 if on appeal quoatioii, arises as to ruling of Jud- "ourt to have regard to vc itied notes or other evidence i> 1 o such other materials as Court may deem expedient, K. 41> ■3 ''If , r' ■ z, II ii '■•;*V EX PARTE, * order may be made whore ordinary practice would be mischievouB, R. 369 party affected by order may move to discharge it, ib. EXAMINATION, of witness may be directed before r defendant in III. 319 |th direction to it and inteidst, |o leave to issue 32 i Let, 1874," may lear aflcr issue, lor a year from Irt, bearing date |ewal signed by t; writ to have EXECUTION.— Cb«f(«Mtv/. production of writ or notice scaled, evidence of renewal of writ, It. 328 may issuo within six years from judgment, between same partioii, R. 324 niter six years, or chango in parties, party claiming execution to apply for leave, Court n muko order for, or to order rights of parties to bo determined, H. 32.') party against whom judgment given, may apply to stay, on grounds arising since judgment, li. 328 order in wliich writs of, issued not affected, II. 33U against garnishee, R. 338 Judge may order where third parly claims interest in debt due from garnishee, aftc hearing such third person, or on his de- fault, that execution may issue against garnishee, &.C., R. 341 against garnishee, to be valid, discharge to him, against judgment debtor, R. 342 every order may bo enforced by in like manner as a judgment to same effect, it. 32(> any one not being a party in an action in whoso favour an order is made may enforce it by, as il ho had been a party, and when order is against person not being a party, obedience to it may be enforced by, R. 327 EXECUTOR, plaintiff' or defendant may represent estate without beneficiaries appearing, R. 89 or administrator, claims by or against, may be joined with claims by or against, personally, if relating to same estate, R. 112 denial of right to claim as, to be specifically stated in pleading, R. 128 EXPENSES, of party producing deponent for cross-examination, not to be de- manded iu first instance, R. 281 of execution may bo levied besides sum recovered, R. 319 EXPERIMENTS, may bo made by order of Court, R. 361 EXTRACTS, from documents not to be in affidavits, R. 27ti FALSE IMPRISONMENT, forms of claim, defence, &c., in action for, N"o. 36, p. xxv. assault a;.'!, 11, p. vii. FEES, tariff of, A\)]). IT, p. lix. to bo regulated by Order iu rouncil, S '7 (3) of the Act. to bo paid by stamps. Sec "Law Stamp Act, 1879." FICTITIOUS ADDRESS. .S'w' Memo, of Appeauance. FIERI FACIAS, included in. writ of execution, R. 312 jjorson to whom money or costs, payable l>y judgment immediately after entry of, entitled to M'rit, subject as in IJuIe, R. 321 Order as to, O. 43 to liavo Buiiie force us Iiillierto, '/). writs iu aid of, as hevetntbrc, //*. against lands, as heretofore, U. 321 See Forms, App. F, p. xlvii. IL 11 'f).m8 iis n firm, sued in flini numo, J{. 38 partners sued in numo of, appear individually, 11. 65 proceedings after uppoarunco to continue in name of, ih. one person doing busincso as u firm to appear in his own name, It. 5(i co-partuors may sue and defend in name of, li. 'Xi one person carrying on business in name of, may bo sued in firm'] name, R. 94 FOLIO, is to comprise 100 words each, figures to cou^' is one word. ISee Miscellaneous, App. H, p. Ixvi. FORECLOSURE. Sec Fobms. FORM, of aotioD, Order as to, R. 1 FORMS, in force before Act, valid, unless inconsistent with Act or Rules, § l!»ofthe Act. prescribed. Appendices A to II, inclusive, other or more prolix, to be visited with costs, R. 5 acceptnnct of sum paid into Court in satisfaction, 20, p. xiii. a^ftavit as to documents, 23, p. xiv. of scripts, 29, p. xvii. confession of defence, 16, p. xii. demurrer, 48, p. xl. indorsement on copy defence and counter-claim to be served on third party, 18, p. xiii. general, 8, p. iv. administration estate, by creditor, for, 8a, p. iv. by legatee, for, 8b, p. iv. deed, cancel or rectify, to, 8h, p. v. mortgagee, by, 8d, p. iv. mortgagor, by, 8e, p. iv. partnership account, for, 8c, p. iv. raising portions, for, 8f, p. v. specific performance, lor, 8i, p. v. trusts, execution of, lor, 8o, p. v. special, 13, p. x. of character of parties, 14, p. \i damages and other claims, 1 1, p. vii. of money claims (when not specially indorsed under li. l(i), 0, p. V. tor costs to be added to foregoing forms, 10, p. vi. iu Probate, 12, p. ix. •nterrogatories, 21, p. xiii. answers to, 22, p. xiv. judgment in default of appoiirauce, or of dei'ouce, iu caso of liquida- ted damages, 50, p. xl. in default of appoaranco, unliquidated damages, interlocutory. 5(!, p. xlii in dotJiult of appearance after n&scssmcnt of daniai^'cs, 52, p. xli. in default of appearance for recovery of luntl, 51, p. xli. at trial by Judge solely, .')3, p. .\li. after trial by jury, 51, p. xlii. upon motion for, 55, p. xliii. I, H. 29 liiid boon named name, U. 38 55 I of, ill. 8 owu nanio, 11, 50 / bo sued in flrm'-j B ono word. See Indbx. FORMS.— Con/mH], I]2, o">, p. xviii. agents, '/('/ iT('./cA', lor ,<;ooils supplied to them, 84, p. xxiii. bill of o.\cliii!ii;o, :;.'), xxiv. false imprisonment, 36, p. xxv. - V '))■. 4' sotv. Indu. Z !| if .:! *'i;.. :• iO::: rOBMB.— Continued. statement ofdnim (and of defence and reply in some cases), forecloauro, :i7, p. xxvi, iVaucI, 88, p. XXX. f;uaranteo, 39, p. xxxii. andlord ugniriHt tonant tor rent, dumngos on covenant to re- pair, and U80 and occupation, 41, p. xxxiii. landlord and tonant for recovery of land and mesno protits, 45, p. xxxvi. negligence, personal injuries by, 42, p. xxxiv. probate for, in aolemn form, 4*, p. xxxv. probate for interest, 40, p. xxxii. promissory note, 43, p. xxxv. recovery of land, 40, p. xxxvii. trespass to land, 47, p. xxxix. defence. See App. C. defence and counter-claim, ih. reply, ib. summons (general), 82, p. li. writ of summons, 1, p. i. for service out of jurisdiction, ur whore notice in lieu of is to be given, 2, p. ii. attachment, 79, p. xlix. delivery, 77, p. xlviii. delivery, or assessed value, 78, p. xlix. fieri facias, 73, p. xlvii. fieri facias on order for costs, 74, p. xlvii. possession, 71), p. xlviii. sequestration, 80, p. I. venditioni exponas, 75, p. xlviii. distringas against ex-sheriff, 81, p. 1. FEAUD. See form 38, p. xxx. FRAUDULENT INTENTION, to be alleged generally in pleadings without sotting out the circum- stances, li. 142 FRESH EVIDENCE, not to be taken on appeal from judgment, but on special leave, 11. 405 may be taken when order is interlocutory, ib. FRIVOLOUS GROUND, demurrer based on, may be sot aside with costs, U, 183 FULL COURT, Order as to, No. 68 constitution of, § 5 of the Act. shall be held by not less than two Judges, R. 400 to dispose of motions tor now trials, in arrest of judgment, to enter judgment non obsianto reredicfo, or a verdict tor either party, or a nonsuit, or increase or reduce damages, § 7 of the Act. points reserved by u single Judge, § C of the Act. all appeals from orders by a single Judge, except orders as to costs only, or consent orders, § 9 of the Act, aiul R. 400. See New Trials, and Order as to. No. 39 sittings of, to bo regulated Ijy Rules, S 17 (1) & (5) of the Act. in Victoria, to bo held when requisite, R. 401 appeals to, to be by way of rehearing, li. 402 may vocoivo iresh evidence, except in Mining and County Courts appeals, R. 405 may make any order as to proceedings before it, or as to costs, ih. FU FU OAI GEN GVA J GUA HEA o UK a: il s HEIi V Hus: d s ILLl IMPI n INCC d C e caaea), m covenant to re- ciii. d moano protits, 45, otice in lieu ot is to .ing out the circum< pccial loavo, R. 405 {, 183 uilgmciit, to L'utcr [or either purty, or of the Act. the Act. ge, except orders S 9 of the Act, and a) of the Act. L 401 d County Courts or as to costs, ih. IlfbEX. lOf. PULL COVRT.— Continued. may direct parties not served with notice of app«al to be serred. K, 403. " ' See Appeals, Evidknck. FURTHER CONSIDERATION, action may be directed to stand over for, while issaes tried or ao< counts or inquiries taken, R. 298 (GARNISHEE, may be ordered to show cause why he should not pay judgment creditor debt uue from him to judgment debtor, R. 336 service of order on, to bind debts in his bunds, R. 387 Sroceedirigs to levy amount duo from, to judgment debtor, R. 338 r.dge may order question in dispute between judgment creditor and, to be tried and determined, R. 339 suggesting that a third person has lien on debt, R. 840 dischai'god ue againRt judgment creditor by payment made or exe- cution levied under attach i.iout, R. 34:i GENERAL INDORSEMENTS. See FoBMs. GUARANTEE, t'onn of statement of claim in action on, 89, p. xxzii. GUARDIAN AD LITEM, for infant or defer dant non compos, not to be appointed unless writ duly served, il. 60 either not appearing, plaintiff may apply for appointment of for, (7^ infan*, to defend by, R. 90 person of unsound mind not so found may defend by, R. 117 flEARIN(}, of motions may bo adjourned, RR. 371, 372 of appeal may bo adjourned for serving parties and persons not parties, R. 40.{ HEARSAY EVIDENCE, if in affidavit, party filing to pay costs of affidavit, R. 276 See Affidavit. HEIR AT LAW, where unknown, person may be appointed to represent, for pur- pose of deciding any question on an instrument in which neir may bo intei'ested, R. 92 HUSB.VND AND WIFE, defendants together, service on husband good. Judge may order service on wile, with or without service on husband, R. 34 subject to R. 108, claims by or against, may bo joined with claims by or against cither separately, ii. Ill ILLUSORY ADDRESS. See Memo, of Appeabanoe. IMPLIED CONTRACT, may be simply alleged in pleadings with a reference to correspon- dence, &c., by which it appears, R. 144 INCONVENIENT JOINDER OF CAUSES OF ACTION, defondunt may apply to eovor, R. 115 Court may sever, and order amendment of clcim or indorsement on writ, R. 116 I I ! ■•■■ f XOVI. Index. ■as:! INDEMNITY, being claimed by defendant against third party, Court may order question to be determined, JIU. 103, 104 INDOESEMENT. ,See Forms. on writ of summons, stating nature of claim and relief required, E. 4 if more prolix than that in forms, to be charged to party using It, E.6 shall bo made on writ of summons before issue, E. 11 precision of complaint or (Jf relief not essential, E. 12 may be amended on leave so as to extend it to any other cause of action or any other relief, lb. representative capacity, to be indorsed, E. 14. See Forms, p. xi. in probate actions, to show Avhether plaintiff claims as crcditoi", ex- ecutor, administrator, or in other character, E. 15. ^ speciaj j. of particulars of demand, E. 16 wEere for debt or liquidated demand only, to state amount for debt and costs, and that proceedings will be stayed on payment in due time, as well as nature of claim, E. 17 in cases of account, 11. 18 of address, order as to, O. 4 plaintiff suing by solicitor, E. 19 plaintiff suing in person to indorse residence and occupation, and if needful address for service, R. 20 may be ordered to bo amended, whore Court thinks causes of action inconveniently joined, E. IIG where defendant has not dispensed with statement of claim, and writ is specially indorsed, plaintiff may deliver a notice in lieu of statement statin^^ that ' laim is indorsed on writ, E. 151 on writ of execution, EE. 817, 320 forms 0/ (general), pp. iv., v., vi., \'i., viii, ix. (special), p. x. f, rules of equity to prevail, § 3 35 INFANTS, in questions relating to custodv (10) of the Act. service on father or gnari'.ian to be good, E. Court may order service on, ih. plaintiff may, in default of appearance, apply for guardian ad litem, E. 6tJ appearance for, ih. to defend by guardian ad litem, E. flO may sue by next friend, il>. allegations of fact in pleading, not being petition or summons, not to be taken as admitted against, E. l:!4 wardship of, and care of estates of, assigned to Chancery Division in England by 34th see. Jud. Act, 1873. See foot-note to Eules, p. 01 INFEEIOE COUETS, rules of law, set forth in Act, shall apply to, § 3 of the Act. INHABITANTS, service on, E. ."9 INJUNCTION, writ of, shall not ho issued ; order for, to have like effect as writ, E. :(;i; aliolislietl ai;aiiist suit or action, i; 2 (5) of the Act. may be gr;inlud b}- interlocutory order where ju8t, conditionally or not, ;? 3 (8) of" the Act. Order relatiiuj to, O. 52 t~ y, Court may order Ireliof required, E. 4 ;o party using it, E. 6 E. 11 E. 12 any other cause of *S'ee Forms, p. xi. aims as creditor, ex- f, E. 15. ;ate amount for debt ayed on payment in id occupation, and if inks causes of action ement of claim, and liver IV notice in lieu on writ, E. 151 quity to prevail, § 3 guardian ad litem, n or summons, not I'liancery Division t'oot-uote to EulcB, of the Act. like effect us writ, ct. ^it, eoiulitiouall)' or f Index. xonu INC/ 1 IE Y, r writ of, to bo discontinued on a88C88,lpg dumages on interlocutory judgment by default, Ell. 71, IHS into damages in such cases, to bo by Judge instead of shoritf, ij 15 of the Act. INSPECTION OF DOCUMENTS. notice to produce for, party may give, E. 22U may bo reserved until issue decided, R. 231 mentioned in either party's ploiidings or affidavits, may be ordered, E. 22(5 I application for order for, E. 230 to be made on affidavit, ih. when party served omits to give notice of, or refuses inspection, other side may apply for order for, E. 229 See DiscoVEiiv, INSPECTION OF PEOPEETY, Court may order, E. 361 INSUFFICIENCY, of affidavit in answer to interrogatories to be determined by Judge on motion or summons, R. 221 it established, party omitting to iinswer sufficiently may be ordered to answer luUy, or to be interrogated oiva voce, E. 222 INTERIM OEDER, may be made for preserving the subject-matter in question where a pi'ima lacic case of liability is established, K. 359 sale of perishable article.*, E. 3G0 INTEELOCUTOEY, judgment may be entered when defendant makes default to action for damages, ER. 71, 198, U,. , 200 api)lications, evidence on, may be given by affidavit, E. 275 order not to prejudice appeal, R. -io") INTERPLEADER, where as.signor disputes assignment of chose in action, § 3 (6) of the Act. appli< ation by defendant may bo made any time after service of writ, and before defence, E. 2 Acts 1 & 2 W. 4, e. 58, and 23 & 24 Vict. c. 120, apply to ail actions, E. 2 forms of or>Icrs, Nos. 105, 106. 107, 108, 109, 110, 111. See Forms. INT EEP RET ATION OF TEEMS, S 21 of the Act, and E. 42;') INTERROGATOEIES, defendant not answering, liable to attachment, and to have defence struck out and be treated as not defending, E. 232 when answers are insufHcient to, examination viva voce, or further answer, may be ordered, R. 222 may bo delivered any time before pleadings closed, E. 213 by leave, co officer or member of corporation, E. 216 once only to same party, save I y leave, E. 213 objections to answer to lie slated in aflulavil, R. 220 plaiulitl' nut answering, liaMo to uttiiclinu'nt and to have action dismissed for want of jirosecnlion, E. 2.'>2 to be answered by alHdavit filed within 10 days, E. 218 Sitnicioncy of to be decided by Judge, E. 221 4 sotxn. Ikolx. , — 1 I ' INTBEROUATORIES.— ConftHMcrf. to have foot-noto stilting "ffhich each party is required to answer, R. 213 being vexatious or unreasonable, or improper in length or matter, may be visited with coats, &c., E. 214 application to have, struck out foi", R. 217 See Discovery. ISSUE, of writ of summons, order as to, O. 5 deemed to take place when sealed, R. 22 plaintiff by reply may join, upon defence, and each party in his pleading, if any subsequciit to reply, may join, upon previous pleiiding, R. 138 joindei- of, to operate as denial of every material allegation of fact in next preceding pleading, but may except facts to be admitted and to operate as denial of all facts not admitted, ih. order as to, O. 26, R. 170 where pleadings do not sufficiently define, Judge may direct parties to prepare, ib. if, arise between parties other than plaintiff and defendant, and one party to such fall in delivering any pleading, the other party may apply for such judgment as he may be entitled to, R. 207 defendant may, within four days of plaintiff's notice of trial, elect to have issue of fact tried by jury, R. 251 on defendants serving plaintiff with notice thereof, plaintiff may within four days similarly elect, R. 252 Court may order one or more, of fact to be tried before any other, R. 255 notice of trial to state whether of action or of, R. 257 trial of, to be before one Judge, R. 256 Judge may direct trial b}' jury, R. 273 where judgment for relief is conditional, and party entitled to judgment claims execution on condition fulfilled, Judge may ■^Urect any issue or question involving the rights of the parties, if not satisfied of them, to be tried, R. 313 may be directed to bo tried, where garnishoc disputes liability, R. 339 if dii'ected to be tried, plaintiff may set down action on motion for judgment after trial. If he fails ami omits to give notice of in ten days, then defendant may set down, R. 295 JOINDER, plaintiff may join any persons severally or jointly and severally liable on one contract, R. 87 of causes of action allowed, but Court may sever, R. 108 but not with claims lor recovery of land without leave, R. 109 defendant nitij' apply to Judge to sever causes joined, R. 115 of issue, plaintiff in lopiy luul each party in his pleading, may join issue on previous pleading, R. 138 such joinder shall operate aw denial of every material allegation of fact on which issue joined, but it may except facts which it is desired to admit, ih. no pleading after reply, except joinder of issue, without leave, R. 167 of issue to be deemed to close pleadings, U. 169 JOINT AND SEPARATE CLAIMS, may be joined, subject to R lOS, against same defendant, E. 113 JUDGE. APPEAt TO, Registrar may refer matters to Judge for his decision and instruc- tions, R. 376 appeal in chambers f^om Registrar, R. 377 juired to answer, length or matter, 17 ?ach party in his jin, upon previous I allegation of fact lets to bo admitted itted, il). may direct parties defendant, and one , the other party entitled to, E. 207 itico of trial, elect rcof, plaintiff may before any other, 257 party entitled to illed, Judge may htsof theimrties, disputes liability, on on motion for ) give notice of in 95 ly and severally 11. 108 leave, 1{. 109 letl, E. 115 cadiug, may join rial allegation of facts wLich it is lOut leave, R. 167 indant, E. 113 ion and instruc* Index. xoix« J VDOR— Continued. APPEAL FROM, direction of, to jury to Full Court, E. 400 where question of faet is involved in an appeal, evidence taiicn as to it before Judge to bo brought bciorc Full Court; if given orally, a copy of Judge's notes to be used, or such other mate- rials as Court may deem proper, E. 409 if question be as to ruling, or direction to jury. Court to have regard to verified notes, &c., E. 41 1 appeal no stay of execution cxcopt ordered, E. 413 ASSIZE, while holding Courts of, or Nisi Prius, shall bo deemed to be hold- ing sitting of Supreme Court, § 11 of the Act. shall preside in Courts of, or of Oyer and Terminer, &c., when held without commissions, § 14 of the Act. shall take evidence viva voce, unless on special grounds, § 12 of Act. may reserve decision in civil causes, and same when given after- wards to be as if given at trial, S 14 of the Act. shall hold circuits, and take evidence, and dispose of business thereat, § 10 of the Act. such sitting by, shall constitute a holding of the Supreme Court, ib. subject to rules, may sit at any time and place for dispatching busi- ness, § 4 of the Act. may direct any case or point to be argued before Full Court, § 6 of tho Act. right of an}' party to have issues submitted to jury by, with com- plete direction upon the law, to bo unaffected by Act or Eules, § 6 of tho Act. to sit singly and dispose of business, and hear appeals from Mining and County Courts, E. 399 sittings by single, at Victoria, in Court or Chambers, to be held continuously throughout the j'oar for transacting business, Ih. AirAOIIMENT, no writ of, to issue without leave, R. 334 ATTACHMENT OP DEBTS, party entitled to enforce judgment for payment of money may apply to Court or, for order that judgment debtor bo orally examined as to d<'bl8 owing him, and Court or, may order ex- amination and production of books, &c., 11. 335 Court or, may order attachniont of debts, E. 33G service of order on or notice to garnishee as Court or, may direct binds debts in his hands, E. 337 if garnishee do not pay into Court, and do not dispute debt, or if he do not appear on summons, Court or, may order execution to issue, E. 338 if he dispute debt. Court oi", may order question of his liability to be tried, E. 339 where it appears that third person has claim on debt, Court or, may order third person to appear and titaie /k'-s elaim, K. 340 may bar claim of such third person and make orders thereupon, R. 341 cost of application and proceedings incidental, in discretion of Court or, E. 344 CHANQE OF PAKTIES, in case of marriage, death, bankruptcy, or devolution of estate of ]iarty. Court or, may order succc.s.sor in interest to be made party, E. 3r)2 where, by devolution of iiitorost pendente lite, it seems desirable that' fresh party should bo before Court, may order new party, E. 364 a '1i :i' J. 0. Index. JVDCtK—ConflnvefJ. CHANGE OF PARTIES. — Conti)Uie'l. unless Court or, otherwise direct such order to bo served on con- tinuing party or purticS; or their solicitors and such new par- ties, kc, R. 355 person so served may apply for discharge to Court or, within 12 days from service, E. ;j5(j person so served being under disability, to apply for discharge to Court or, within 12 days of appointment of guardian ad litem, and until expiration of such 12 days not bound, It. 357 COSTS AND PEES, costs of all proceedings in discretion of, R. 382 amount and natui'o of security for costs, when required, to bo settled by, IIR. 383, 412 may at hearing, or in chambers, suo imtu dii'ect costs of any matter improper or of improper length to be disallowed, 14. 386 whore party attends in Court or chambers on matter in which ho has no interest no costs to bo allowed unless Court or, shall expressly direct such costs to be allowed, E. 388 DAMAGES, shall assess, in lieu of sheriff, on judgments by default, § 15 of the Act, ER. 71, 198 DISCOVERY, in chambers maj' settle time within which plaintiff's affidavits shall bo filed, where consent to take evidence by affidavit, R. 278 in like niannti' ;..s to defendant's affidavits in like cases, E. 279 EVIDENCE BY AFFIDAVIT, AC, Court or, may order any point to be proved by affidavit, or that witness may be examined on interrogatories or otherwise, E. 274 on application of either part}', may order attendance of deponent for cross-examination on his affidavit, R. 275 may order examination before any officer of Court, and such exam- ination to be given in evidence, E. 277 may ai>i)oint time for serving notice to produce deponent at trial for cross-examination, J{. 281 EXECUTION, at time of judgment, or afterwards, niinj nnh'r (■■[ application under § 3 (8) of Act, or under EK. SiJO or 301, E. 3G2 bo served on con- md such now par- )urt or, within 12 ly for disoliarj^c to f^uiirdian ad liteni, lud, R. 357 uired, to bo settled osts of any matter wed, R. ;586 alter in which ho ess Court or, shall . 388 iefault, § 15 of tho iff 's affidavits shall affidavit, R. 278 3 cases, R. 279 y affidavit, or that )s or otherwise, R. lance of deponent rt, and such exam- deponent at trial \ie of execution he- ril)od, R. 3il V one year lYom li parties entitled leave to issue exe- |to, to stay exeeii- , J{. 32S leave, § 8 of the |io Kiill Court, jO into, \c., 11, 3')!) I'll I [t Huliji'ct-niiittor, jiiin- oxpcriniout.s, Lr3Cl, K. 3G2 Index. CI. JVDQ'E.—ConflmietJ. INTERLOCUTORY ORDERS. — Conihwcd. application under I?. ;!5D may \w made by plaintiff at anytime after his riglit appears from pleadings, or, if none, so soon as it ap- pears by affidavit, R. oGI! wher- jlaim or counter-claim made to specific property (not land) in hands of opposite party not denying title of claimant, but claiming lien. Court, as soon as lien appears on pleadings, or by affidavit or otbcrwiso. may ordoi' monej', interest, &c., to bo paid into Court, and property thereupon to bo given up to party claiming it, R. 3G1 orders of course to bo issued on praecipe and need not be made by, R. 300 JUDGMENTS, may amend clerical errors in, on motion, R. 231 JUDGMENT BV DEFAULT, may set aside <•)• vary judgment by default, RR. G8, 208, 269 MOTIONS, applications to Court or Judge in Court to bo by motion, R. 367 i/ sati.tjicd that motion on notice would bo inischiovouS; may make order ex parte on terms and other party may mcvo to dis- charge, R. CG9 unless by special leave there must be two clear days between ser- vice of notice and day for hearing motion, R. i!70 if on hearing, Court should think anj' party should have notice, may dismiss motion, or adjourn, Jt, 371 hearing of motion may be adjourned by Court, or, fi'om time to time, R. 372 plaintiff l>y leave obtained ex parte, may mre notice of motion on any defendant to bo served with writ of summons, or after writ before time for appearance, R. 374 MOTION FOR JUDGMENT, where entry of judgment ordovod, subject to leave to move, party having leave shall sot down, i.\;c., R, 292 whore Judge has abstair.od from ordering entry, plaintiff to set down, kc, or if ho fails, detondant may, R. "JU;! where Judge has directed entry, at or after trial by jury, any party may apply to set aside and enter other judgment, on ground that finding wrongly entered, R. 291 or where trial before Judge ^oidy, on ground that upon finding, judgment is wrong, il). applicat'on under this rule to bo to Full Court, ib. leave maj' bo given to set down action on motion for, where some only ot the issues iiave been tried, R. 29G no action to be set down on motion f "•, alter lapse of a year from time party became 'ntitled to do so except bj' leave, R. 297 any partly may at any stage tipply lor sucii order as on admissions on pleadings lie is entitled to, R. 299 and may obtain relief subject to terms, ib. on motion I'or, or for new trial, iinal judgment may be given, E. 298 NON-COMPLIANOF, WITH ANY RULE, proceedings not to l)o void unless directed, but may be set aside, amencled, or otliorw.so dealt with, R. 41-1 defects or errors in, may be amended at any time, E. 415 NONSUIT, unless otherwise directed, nonsuit to have effect of judgment on merits, R. 306 TIME, may lie enlarged or abridged for any act or proceedings, enlarge- ment may be orderod alter time exi)ired, R. 397 sv I: :¥■'■ .'?■'" n I ! If :! . J --J CO i-.U is::: C:> 1 911. Inobx. JUDGl.— Confn8ideration, &c., 1^71 no judgment to bejntered after trl(d without leave, ib. may direct trial without jury, or any question wh'ch might, before Act, have been tried wilhout jury, R. 272 may before, or at trial, order issue of fact to be tried before jury, R. 273 JUDGMENT, ^ defects, errors, or slips in, of clerical nature may be amended by leave, R. 291 includes "dccreo," § 21 of the Act on appearance to writ specially indorsed, plaintiff may call on de- fendant to show cause why ho phould not sign judgment for demaiul, with interest and costs, 1{. 75 applicalf /I for, to be by summons, R. 7G the affidavit opposing rule must show a good defence on the merits, 11. 75 plaintiff may have judgment for part, while defence allowed for i-esidue, R. 78 one defendant may bo permitted to defend, while judgment given against another, R. 79 may be in favour of ono or more plaintiffs without amendment, for misjoinder or other cause, l\. 8.5 if counter-claim established, Court may give, against plaintiff for balance, if any, R. IGl for default of appearance, where writ specially indorsed, judgment may be signed b}' plaintiff' for debt, interest, and costs, li. 68 but may be varied or set aside by Court, ih. by some out of several defendants, to writ specially indorsed, plaintiff' may sign judgment against defaulters, and proceed against others, 11. 69 where claim is liquidated, but writ not specially indorsed, plaintiff may file affidavit of service and particulars of de- mand, and enter final, 11. 70 not to exceed amount indorsed on writ and costn, ih. where claim is unliquidated, interlocutory judgment may be entered, and damages assessed before a Judge, &.C., 11. 70 ^tnd icitltout writ of imiuiry, li. 71 rdei* to diamisa, E. then either may to be tried before spociftlly appoint- »therwi8e ordered, Jev, B. 263 uliiigs I'or Jiid/^e, s, on terms, within !,y, or adjourn trial ib. b'ch miyht, before » tried before jury, ly be amended by [f may call on do- ^n judgment lor dci'ouce on the defence allowed judgment given amendment, for inst plaintiff for orsed, judgment nd costs, It. 68 i/j. ecially indorsed, tors, and proceed jcially indorsed, )articular8 of de- sts, //'. dgmont may be i(li;e, &.C., J{, 70 Index. oni. JUDGMENT.— Conf/nMe^/. for (kfiiult of appeairnuy at trial, may be set aside on terms on appli- cation within six days of trial, i>, 209 may at or before trial be ordered for cither party, with or without leave to move to set asido or vary, or the case bo adjourned for further consideration, K. 271 after trial, not entered without order, ih. on discontinuance of action, wholly or partly, defendant may Bign judgment for costs, 11. 105 on default in pleading or demurring, to liquidated demand, plaintiff may enter final, with coats, J?. 196 and if several defendants, plaintiff may entar final, against de- faulter and proceed as to others, K. 197 if claim be for detention of goods or damages, plaintiff may enter interlocutorj', and have damages assessed without writ of inquiry, H. 198 by one out of several defendants, plaintiff may enter interlocu- toiy, against defaulter, &c., and proceed against others, R. J90 where claim is both for liquidated demand i nd damages, plain- tiff may enter final and interlocutory, Ac , R. 200 in action for recovery of laud, if defendant fail to appear, or appear- ance limited to part, plaintiff maj- enter, for undefended part, K.72 where no appearance and plaintiff has indorsed claim for mesne profits, &.C., plaintiff may enter, for land, and proceed for other claims, R. 73 if defendant fail to plead, plaintiff may enter, for possession, R. 201 where on such failure to plead and writ indorsed also with claim for mesne profits, kc, plaintiff may have, for pos- session and proceed, R. 202 in other actions not !ipc.ci(d/!j provided for, if defendant make default, plaintiff may sot down motion for, R. 204 where one out of several defendants makes default, plaintiff may either set down against defaulter at once or on trial against others, R. 205 if issue arise between others than plaintiff and defendant and de- fault in ])leading be mado by one of such parties, other party may apply for such, as he may be entitled to, 1{. 207 by default, may be set aside on terms, RR. G8, -JOS, 269 pa )jv\ent i)do Court, if plaintiff aer-^pt, in satisfaction of action, he may lax costs, and in default of payment of them within 48 hours, sign, for costs, R. 212 now trial, on application for, Court nuvy give final, for part and allow new trial as to residue, i{. 287 order OS to motion for, 0. 40 to be obtained on motion for, R. 290 whex'c judgment ordered at trial subject to leave to move, party must set down, and give notice wiJiin time limited, or within ten tlays after trial, staling grounds of motion, relief sought and leave to move, K. 292 where no dircclion i'or entry of, plaintitf to set down on motion, on his failure deleiidant to set down and give notice, R. 293 any party may without leave apply lo set aside, and enter any other, on ground lluil upon li'ndiiig as entered, judgment directeil is wrong, 1!. 294 application under lliis rule lo be to Full Coui'l, ih, plaintiff may set down on motion for, as soon as issues decided. If ho tail, then dofeiidanl may sd down and give notice, 11. 295 where some only oi issues have been decided, if party deem others 7-- s GVr* Index. i 2 15 JVDGMEm\—Coniii.itc.d. uiinoccssaiy, or ou^^ht to bo (lofcrrocl, ho may apply I'oi' loavo to HcL down, R. -.'il no aeiioii sliiill lio w' down on motion for, after ouoyear from timo for dinny so bnt by louvc. Ji, 2!>7 on motion lor, or lor now trial, Court if satisfiod may give final, E. any party maj* at any sta^c apply for such order or, na on facta admitted ho may bo entitled to, without waiting for doeision of other questions, U. 2!ll) enlri/ of, order r/s' to, O. 41 , to be entered in book, li. 301 party entering, to deliver to officer copies of all pleadings other than petitions and siimmonsos, and excepting copies already delivered on entering previous, ih, when pronounced in Court to take etl'ect from that date, E. 302 in all other cases entry to bo as ot date on which requisite pajiera left with officer, and, to take cft'cct accordingly, E, o03 if to bo entered on filing or producing auj' document, officer to examine same, and enter if correct, E. 304 if, pursuant to any order, production of scaled oi'dor suffi- cient for officer to enter, E. 305 notice of, or of order, on infant or person of unsound mind to be served like writ of summons, 11. 97 fresh eridenoc man '"- ,'/"'''" "« oppccil to Full Court without leave on interlocutory orders, but ou other orders or judgments only by leave, E. 405 of nonsuit, unless otherwise ordered, to bo for defendant sis if on merits, but may be set aside, E. 306 ENFORCEABLE, hy urit of execution, ici folloios, for money, as l-ei'etof'ore, 11. 307 for payment into Court, by sequestration or by attachment wlicrc licrotoforo autliorized. It. 308 for recnrcry of Imul, by wi'it of possession, E. 300 of property otlior than land or money, by writ of delivciy, attucnmciit, or sequestration. E. 310 to compel doing of any act oilier than paying money, or not doing any act by attaelimoiit or cominitlal, JJ. 311 for relief conditionally, on fultilmcnt of condition, &c., execution may be ordered, E. 313 against partners in name of firm, E. 314 if party wish execution against other person as member of firm to apply for leave, and Court, if liability be (lisi)utcd, may order it to bo tried, ilj. no writ of execution to be issuei! without production to officer of, or office copy tbercol showing date of entry, E. 315 writ for recovery of money to bo endorsed, with direction to Sheriff, &.e, to levy money really due, and interest, i*cc, E. 320 party to wiioni money is ])ayable. immediately after ontr}' of judgment, entitled to ti. fa. unless jioriod for payment fixed. Judge at time of, or afterwards, may give leave to issue execution before or stay execution until anytime, E 321 execution may issue witliin six years from, E. .324 every order enforeeaMe as, if. '.i'lC, against ]iei'sons not parlie.s nia}' be enl'orcod as if they were l^anies, it. 327 jiarty against wlmni. ;nvoii may a])i(!y fo stay execution ou grounds arisin,-' too late to be pleaded, K. .'!28 former rights of enforcing, not curtailed, R. 321) upply for loavo ]0 yeiii* from time any give final, R. • 01', as on facts ug for decision of I pleadings other g copies already t dale, R. 302 requisite papers ly, 11. ;J03 iument, officer to icaled order suffi- ound mind to be without leave on idgmonts only by fondant lio if on jr by attachment 09 writ of delivery, nioiioy, or not n. 311 m, kc, execution I'son as member un, if liability ed, ih. ction to officer itry, E. 315 ill direction to crest, <.\:c, R. 320 after entry of d for payment ly give leave to until any time, 121 if tlioy were execution on 28 Index. ov. ATTACHMENTS 01' DEBTS, O. 45 pai'ty liKviiKj, iiKuj applji omUy to examine debtor as to debts duo him, n. 335 proceedings to levy amount due, if any, from garnishee to judirment debtor, Ji. 338 Judge may order issues or question between judgment creditor and garnislieo to be tried, J{. 33f) See Forms, 50 to tifi, inclusive, p, xl. to xlv. JUDGMENT DKlJTOlt, may be orally examined, ke., R. 335 See Attaci'ment of Debts, Garnishee. JURY, law relating t >, not atfected by Act or nov; Rules, S 13 of the Act. appeal to Full Court from direction of Judge to, R. 400 right of any party to have issues tried by, not prejudiced, § 7 of Act. complete direction as to law and evidence to bo given by Judge to, ib, trial by, betoro single Judge, unless otherwise ordered, R. 256. trial without a, may be ordered, of questions wliicii before the Act could iiave been so tried, R. 272. [See subjoois in foot note to Rules.] practice as to trials by, under Act No. 17, 1876, to be discontinued, R. 250 LANDLORD'AND TENANT, form o/ statement ol claim in action between, 41, p. xxxiii. forms, indorsements, kc, pp. vi., viii. LAND, in actions for recovery of, where defendant in default, plaintiff may have judgment for possession, RH. 72, 73, 201, •i02 certain claims only, to be joined without leave, R. 109 defendant in ])nssL'xsion need not ]ilcad title unless depen- dent on equitable estate, or uidess he seeks equitable relief, enough to state fact ot possession, R. 132 service of Avrit where land vacant, R. 40 firms oftiiiiiii, defence, rcjily, ami rejointler, 45, 4(i, jip.xxxvi, xxxvii. fnnn of elitlm, tlefence, and ri'i>ly, for trespass to, 47, p. xxxix, form nfjiiihjiiiciit for I'ecovery of, in default of appearance, 51, p. xU. LAAV AND EC^UITY, to be concurrently administered, >i 2 of the Act. LAW AND FACT, Court may direct question of law to be tried before trying question of fact, 1!. 242 LEAVE, to serve out ot jiirisdictiun ; motion lor, to be on affidavit, R. 45 order for, must stale time I'ur apj)eiirance, li. 4(j to defend, any person may apj)ly I'u"', in action for recovery of land who is in jiossession, U. (il if obtained tnusL enter a|ipear:ntce, and give notice of, i\:c., R i;;i. where writ .siieeiiilly indorseear, R. lOll to dol'end, jjcrson served with notice ot claim to contribution may have, R. 107 OVI. Index. V J -•■ X" Cxr. LEAVE.— r.)«^•/ll«v^ to (Icfoiid limy l>o griiiitod on conditions or not, H. 80 to ])!i'!i(l to luncndod plotidinj^, i r iinKHid formor pli-.vding, II. 175 nmy ho uslccd in ciisos not jirovidotl I'or, Ity oitlioi" l>iirty, li. 17(1 tiiilH, if aniendniont not nunio wiiliin timu iillowod, or fourtuon dnys frona Iciivo, It. 177 to i»ioii(l, und doinur to sumo mutter, II. 18G LEGAL CLAIMS, rightfl, titles, oblif^atious, nnd liubilitics, to bo recognized, subject to equities, § 2 (6) of the Act. LEGATEE, form o/goneralinJorsemont by, in action to administer estate, 8, p. Iv. LIEN, whore cliiinicd by defendant, jj-oporty subject to, may bo ordered to bo given up on payment tt amount of, into Court, R. 304 LIMITED APPEARANCE, to cction/nr reravcrii of land enables plaintiff to enter judgment for undefended part, 1{. 72 where writ is indorsed for mesne profits, kc, enables plnintifl' to entor judgment for undefended part, and proceed for mesne profits, &c., 11. 73 LIQUIDATED DEMAND, where irrit specially Indorsed for, and no appearance, plaintiff may sign judgment for debt, interest, and costs, 11. 08 where sonic appear and some do not, plaintifl' may sign judgment against defaulters and proceed against others, K. (iO where no special indorsement of, and defendant fail to appear, plaintifl" may file affidavit of service and particulars of demand, and enter final judgn^ent, M. 70 where claim is for, and default is made in pleading, iilaintiff may enter final judgment with costs, U. I'JG in similar action it more than one defendant, plaintiff may have judgment against delaulter and proceed against others, i!. H>7 where claim is for, and also for detention of goods or damages, plaintiff may enter final and also interlocutory judgment, li. 2U0 form ofjiidi/ineiif in default of appearance, in case of, 50, p. xl. LIST OF AFFIDAVITS, to be delivered by plaintiff in cases where evide:ice is by affidavit, Pvl}. 278,280 by defendant, II. 279 LUNATICS, service on committee of, is good service, \{. 3(j may sue and defend b}' committee, It. 117 allegations of lact in a pleading not taken as admitted against, R. 134 MALICE, may be alleged in pleadings without setting out facts, J{. 142 MANDAMUS, may be granted at any time with or without conditions, ij 3 (S) of the A ct ,SVc OiiiiF.it .")2 as to Intei'loculory Orders as to mandamus injunc- tions or interim preservation of property, tVc. {. 80 )U'.i(lin^, \i. 175 r party. \l. 17(5 I, or fourtoon ilrtys ocognizod, Mubject istor cstnto, 8, p. Iv. ,0, may bo ordered Court, E. 304 liter judgment for •ofits, iVc, enables dol'ondod part, and 3 mcc, plaintiff may I. (38 plaintift" may sign proceed against nt fail to appear, icula.'s of demand, ling, plaintiff may m pliiintitt' may have St others, Jl. Itt7 oods or damages, lulgnioiit, i{."2U0 of, 5U, p. xl. CO is by affidavit, aittcd against, R. Ids, .1.'. 142 ditions, § .'5 (S) of uiudamus injunc- Indix. ovn. MARRIAOK, not to abate an action if eanso of action survive, U. MX of pai'y j)indcnt« lito, Court may order husband to bo niado h party, or served with notice, K. .'iSJ MAKRIEI) WOMAN, to sue b}' next friend, 1{. 90 or sue or defend alone, by leave, on giving such security tor conta as Judge nmy require, H. UO MATTER, interpretation of, § 21 of the Act MEMOIJANDUM, of appearance, what to contain, R. 40 penalty for illusory, ttctitious, or no address in, R, 62 officer to enter on receipt of, R. 54 names of all appearing by ©no solicitor, to bo in one, R. 57 form of, 0, 6a, p. iii. and R. 53 of renewed writ, /orm of, 5, p. iii. MERGER, of estate b}' operation of law, of which beneficial interest not merged in Equity, abolished, § 3 (4) of the Act MESNE PROFITS, may be joined in action for recovery of land, R. 109 where in such action claim for, is indorsed and defendant makes default, plaintiff may have judgment for land, aad proceed for residue, R. 73 MISDIRECTION, not to be ground for new trial unless Court think it has causod wrong or miscarriage, R. 287 MISJOINDER, of parties not to defeat action, R. 99 MIS..AKE, as to whether right parties named as plaintiffs. Judge may order other names lo be substituted or added, R. 84 ground for setting asiile nousuit, R. 30G costs occasioned by, or by over-caution or negligence by one party, not to be charged to opposite party, R. 391 MODE OF TRIAL, to be stated in notice of trial given by plaintiff with reply, or after close of pleadings, R. 251 if plaintiff' do not within six weeks of close of pleadings give such notice, defendant may do so before notice of trial served, R. 252 where neither party has elected trial by jury, cither may apply to Juilgo for, R. 253 MONTHS, to mean calendar months, R. 394 MONEY, ,SV(! I'AY.MENT INl'O CoLRT, TaKINCI Mo.NEY OUT 01' CoURT. claims. ^bVc; Fou.ms, pp. v., vi. MORTCiACiE, redemption and t'oreciosuro ol Division b} uud foot note. is.sigiied ill England to Chancery 54 of imperial JuJieaturo Act, 1873. See Li. 74 rviii. Imdkx. eSL'Z. MORTGAGEE, entitled to his costs out of cstnto ah in Equity, it. :>H2 form 0/ general indorsomeut by, ot> writ lor (broclosuro, 8d, p. iv. MORTGAGOR, mfty auo for poBscssion of luiul, or recovery of routs, itc, or for djvniagos, in his own numo, § \\ (5) of the Act. form 0/ general indorsement by, on writ for redemption, 8e, p. iv. MOTiUN, Order as to, and other applications, 0. &3 to be on affidavit, R. 276 Court may order deponent to attend for cross-examination, ib, for new trial. See New Trial. for judgment. »S'y, R. 287 if wrong only aH'oct part olcaso. Court may allow, as to, and give final Judgment for rosiilue, ib. may bo on any question, without intci'fering with finding on any other question, R. 288 order to show cause against, shall stay proceedings, unless other- wise ordered, R. 289 111 J OHuro, 8d, p. iv. rontB, Ac, or for iption, 8k, p. iv. mination, 16. ] to on admissions sr questions, li 2'J9 ;o in Court, to bo t Judge, if delay . 309 s' notice, R. 370 Judge think that U. 372 jri anyone served !urod, K. 373 Qtice of, on def'en- , before time for individually with cd, ii. 29 r firms may be members, 11. 93 lotto bo charged ,al injury by, 42, Act. ;y to show cause date, R. 285 )r cidurgcd time) sixloon days (or ts date, K. 28G nission, or re)cc- tlioroby, U. 287 ay allow, as to, finding on any •fn, unless other- Indix. ctk> K^^XT FRIEND, infant to sue by, R. 90 married woman also, ih. no one to bo added as next Iriend of plnintltf iindor disability by Court without liin conm nt, I!. 9!) (0.) person of unsound mind not t'uund lunatic to sue by, Jl. 117 NEXT OF KIN, where unknown. Court may appoint person to represent, during judicial enquiry as to construction oi' any instrument in whioH next of kin intoi'ostod, K. 92 NON-COMPLIANCE, with rules not to render proceedings voiil, R. 414 but may bo ground (or setting proceedings aside, ih. defects or errors may bo amended by order on terms or otherwise, and such anr udmonts made as justice and real question may require, R. 415 NON COMPOS, PERSON, not found lunatic, appearanco for, R. (ifi plaintiff may, in default of, apply lor guardian ad litem to, ib. Order a^ to, O. 18, U. 117 may sue by next friend, ih. may defend by guardian ad litem, ih. allegations in pleading not taken as admitted against, R. 134 not having a guardian ad litem when served willi order to make him party to a suit, maj' apply to discharge order within 12 days after appointment of such guardian, until which time he is not bound, R. 357 notice of judgment or oi'dor under 15 k 16 Vic, c. 86, § 42, to be soi'ved on, like writ of summons, R. 97 NON-JOINDER OF PARTIES, Court may order, on application, addition of any necessary party, R. 99 NON-SUIT, to have effect of judgment for defendant on merits, R. 306 may be set aside on terms, ih, NOTES, if, on appeal, a question as to Judge's direction to jury arises. Full Court may regard veriSed notes or other evidence, R. 410 NOT GUILTY BY STATUTK, defence of, retained, R, VV.i no other plea with, hut by leave, ih, NOTICE, to bo in writing unless directed to be oval, R. 392 of acceptance of moitcij, paid inlo Court in satisfaction, may bo given to defendant, R. 212 form of, 20, p. xiii. arlinit (locMinciits, to, may bo given to either party, and in case of neglect or rofui: 1, cc. ;.s of ])roof shall bo charged to party notified. No cos^s of proving allowod if no notico given, 11. 237 form oj. 20, p. xv. uppeal, of, to bo served on persons affected, and none othors but by onlor, I{. 40:1 from any judi^mcnt to bo 14 days, and from any interlocutory order 4 days, R, 404 ,?t ^v ,f ox. Index. ' [ ^ ;i ■^,. 'O 'NOTICE.— Continued. cross appeal, of, not necessary, if respondent wishes to vary order ho shall give notice: omission to give such may affect costs, R, 406 cross appeal, of, to bo eiglit days' notice on final judgments, two days on interlocuLory orders, R. 407 appearance, of, entered alter time, II. 59 application, of, to appouo' guardian ad litem, to bo given by plaintiff to defendant, R. 66 mode of effecting service of, ih. claim, of, person served with, to be deemed a party, § 24 (3) claim, of, to contribution, by defendant against one not party, to be served as writs by leave, notice to be sealed, R. 104 purport of, ib. form of, 15, p. xii. cross-examine, deponent, on affidavit, to, R. 281 party noticed to have right to compel attendance of depo- nent, R. 282 entering demurrer for argument, of, to bo given on same daj', R. 187 judgment, of motion for, on leave reserved, to. state grounds and relief sought, R. '192. Sec Judgment. judgment or order, of, on infant or person of unsound mind to be served like a writ of sun.mons, R. 97 in lieu of service of xorit. Court may make order for substitution of, R. "33 no writ, of which notice for service out of jurisdiction is to be given, to be issued without leave, R 7 form for, 2, p. ii. application for sxtbstitution of, to be on affidavit stating grounds for, R. 42 service of, out of jurisdiction, RR. 43, 47 leave not to be granted without affidavit, ib. to be served as writs are served, R, 47 in lieu of statement of claim, where writ specially indorsed, may bo delivered, stating that claim is indorsed on writ, R. 151 form of, 17, p. xiii. of limited defence for recovery of land to be served within four days of appearance, R. (54 form of such, 7, p. r\'. of motion, appeals to be brought hj, R. 402 for leave to issue attachment, Iv. 334 //( pleading, when material, snfliciont to tiver generally, unless form of notice be material. It. 14:3 to produce documents referred to in pleadings or affidavits, may bo given, R. 226 form of, 24, p. xv. party i eciving, to dclivci' notice stating when and where ins])oction may be had, R. 228 form of, 25, p. xv. to sheriff o{ rcnoAViil of writ of execution, R. 322. See Seiivice. in all cases to be in writing, except authorised by a Judge to be given orally, R. 392 OATH, interpretation of, S 21 of the Act, affidavit in print and wrilii g, oi" in cither, may be sworn to, R. 3i>3 OBJK(rnoN, to answer interrogatories to bo stated in the affidavit, 11. 220 ij:.- OCCUPATION, if plaiutitf suing in person to be indorsed on wril, R. 20 hos to vary order ho ly affect costs, R. 406 judgments, two days bo given by plaintiff ,arty,§24(3) ono not party, to be 3d, E. 104 L attendance of depo- on same day, R. 187 J. state grounds and unsound mind to be • for substitution of, out of jurisdiction is )ut leave, 11 7 on affidavit stating 47 xvit, ih, 7 lly indorsed, may bo writ, K. 151 ,'ed within four days enci'ally, unless form affidavits, may he ing when and where ;d by a Judge to ho he sworn to, W. oi'o idavil, 11. 220 ■rit,R.20 OFFICE COPIES, Hee " Supreme Court Rules, 1880," App. H, Costs. OFFICES, of Supremo Court, when to be open, E. 418 ORAL EVIDENCE, mode of giving, in trials by jury not affected, § 13 of the Act. ORAL EXAMINATION, may he ordered of party om.tting sufficiently to answer interroga- tories, R. 222 of judgment debtor as to whether any debts are duo to him, R. 335 ORDER, interpretation of, § 21 of the Act account, for, made to writ, specially indorsed, unless Judge satisfied that preliminary, question to bo tried, R. 81 application to he by summons after time for appearance, R; 82 amend, for leave to, to become void after leave expires, or within fourteen days after, if no amendment made, R. 177 may be made at any time, for any proceeding, so that real question may bo uetermined, R. 415 admissions on pleadinijs, on, party at any stage may apply for such, as he may be entitled to without awaiting decision of other questions, R. 299 attachment, service of, for, to bind debts, R. 337 to carry on procecdimjs may bo made on change or transmission of interest, R. 354 service of, for new party, R. 355 consent in writing to any, must be filed, R. 381 discoccry, scrcicc 'if,fur, n not being party, to be summoned to appear by service of coi)y of defence, R. 157 (irdcr as to chtiinic nf. by marriage, death, or bankruptcy of party, O. 50 action not abated by, kc, if cause of continue, R. 35X OXIV. LtDEX. ': ■'! PABTIBS.— ConUmied. in case of, &c., Court or Judge may order successor in in- tcrcsl to be made, R. 352 where by dcvoiutiou of intorest pendente lite new, becomes desirable, Court may order accordingly, K. 354 person served not being, to enter appearance, R. 355 such person may apply for discharge within twelve days from service, li. 356 such person being under disability and not represented, — -- — may apply for discharge within twelve days after ap- pointment of guardian ad litem, and until then not bound, R. 357 application xinder § 3 (8) ov under RE. 360, 861, may bo made by any, E. 362 where claim or counter-claim in defence is made to any specific property in hands of opposite party admitting possession, but claiming lien. Judge may order party claiming property to pay into Court money claimed on it and interest, &c,, and that property be thereupon given to party claiming it, R. 364 not affected by motion without notice to, except where by rule pro- vided, R. 369 in pleading, denying allegation of adversary to do so expressly, R. 139 where relation between, arises from series of letters, &e., it is sufl3cient to aver relation generally and refer to letters, &c., R. 144 may on pleadings give notice that he admits whole or part of case set up by adversary, R. 236 person named as, to counter-claim may reply within time he would have to defend if defence were statement of claim, R. 159 may apply for leave to amend any pleading, R. 176 if, having leave to amend, ho do not within time allowed, or fourteen days from leave, leave fails, R. 177 after such amendment otiior, may apply for leave to plead or amend, R. 175 after amendment, opposite, may, within eight days, apply to disullow it or part of it, R. 174 any, may demur to any pleading on othei' side or anj'part of it setting up a distinct case, R. 18ii desiring to j)lead and demur to apply for leave, R. 186 either, may enter demurrer for argument immediately and give notice, R. 187 where demurrer allowed the part of pleading demurred to, to be struck out as between, to demurrer, H. 191 where demurrer overruled, demurring, to pay costs of, R. 192 where demurrer overruled Court may order demurring, to plead in lieu of demurrer, R. 198 lohen entitled to discorery. Sec Dihcoveuy. may concxir in stating ^peeial case for Courts, after writ of summons, R. 241 may in argument refer to contents of documents stated, and Court may draw iiiforenccs of fact, J^ 2U special case in wliieh ])arty under disability not to be set down witliout leave, R. 244 eitlii';', may enter sju'ciai ease lor argument, R, 245 may iiavo proceiHlings amended at any time lij' Judge, in cases of non-compiianci' witli rules, or by reason of (lelectH or errors, so that real question be dealt with, RR. 414,415 See PiiAiNTiFi's, Defendants. ev successor in in- 5 lite now, bccomoa igly, K. 354 i-ance, R. 355 ithin twelve days 1 not represented, olvo days after ap- nd until then not , may be made by do to any specific ing possession, but iming property to crest, &c., and that ing it, R. 364 where by rule pro- Bo expressly, 11. 139 3ric8 of letters, &c., 3rally and refer to Itnits whole or part ^ reply within time I were statement of thin time allowed, :ula, T?. 177 for leave to plead eight days, apply j'part of it setting • leave, U. 186 [t immediately and iding demurred to, lurrcr, H. 101 Lo pay costs of, IJ. Iiirriug, to plead in pvrit of summons, loenments stated, kcl, R. 241 [ilily not to be set 3nl, J?. 245 \\mo liy .liuigc, in or li}' reason of [on be dealt willi. ISTDBX. ozr. PAETNERS, when sning, in name of firm, they or their solicitor on demand in writing by dcfendiint to declare forthwith names and residence, of all members, or on failure action stayed. After such declar- ation action to proceed as if all parties named as piaintiflfs, E. 29 when sued in name of firm writ to be served on one or more part- ners or at principal place, within jurisdiction, of business of the firm upon persons in management, R. 37 may sue or defend in name of firm and othci-, party may ftpply by summons for names to be stated on oath. &c., R !t3 sued in name of firm to appear individually, R. 55 judgment against, in the name of firm, how execution may issue. R. 314 PARTNERSHIP, dissolution of, and taking partnership accounts, assigned in England to Chancery Division by, § 34 Jud. Act, 1873. See R. 74, and foot note to Rules, denial of alleged constitution of, to be specific, R. 128 form o/ general indorsement for dissolution and accounts of, p. iv. PARTY TO COUNTER-CLALM, person named as, to counter-claim may deliver reply within same time as defence to statement of claim, R. 159 may apply to have, excluded, and made subject of separate action, E. 160 PAYMENT, by garnishee to judgment creditor attaching, a valid discharge against judgment debtor, R. 342 PAYMENT INTO COURT, may be made by defentlant for debt or damages and pleaded in his defence, H. 209 how to be made, notice to bo served, R. 210 form of notice, 19, p. xiii. plaintiff may accept, in satisfaction, and give notice of acceptance, R. 212 form of notice, ib. and 20, p. xiii. may tux his costs, and if not paid within forty-eight houra sign judgment for them, R. 212 of amount claimed in respect ol detcndant's lien, R. 364 may be directed bj' interim order where right appears on pleadings, or to satisfaction of Court on affidavit, ih. PAYMENT OUT OF COURT. See Taking .Money out ov Coukt. PENDING, business, how proceeded witii, under old or new practice, RR. 421, 422 PERISHABLE GOODS, may be ordered to be sold at once, R. .'160 PEESON, interpretation of, (). 62 PERSONA L RE PEESENTA TI V !•:, of parly dying ptMuli.'nte lile, may, by order, be made party, or SL'rvod wilh notice, li 3,")2 when unicnown, Court may order i)arty t^ represent for purpose of determining construction of any instrument, of interest to, R, 92 %i: ]'■ 9 I i oxn. Index. ' i : 1 I , i .:-J O 83 PETITION, ovidonco on, may bo by affidavit, R. 273 PETITIONER, interpretation of, § 21 of tho Act. PLACE OP TRIAL, shall bo named in statement ot claim, R. 248 if not, to bo tiio city of Victoria, //). PLAINTIFF, interpretation of, § 21 of tho Act. to prepare lorit of summons, R. 21 any, may be joined in whom relief is claimed to bo vested, R. Court may substitute for or add to plaintiif suing, R. 84 no one to be added as being sui juris, or as next friend to, without his consent, 11. d'J (6) may join all or any persons Hahle on same contract as defendants, R. 87 in doubt as to whom his remedy against, may join those as to whom he doubts, R. 88 suing in person, to indorse residence, occupation, and address for service, R. 20 suing in representative capacity, indorsement to show it, R. 14 may, subject to rules, unite several causes of action in one, R. 108 may ((mend writ of summons, by leave, at any stage, R. 181 to amend and serve amended copy writ, where defendant added, R. 101 disclosure by, oi'Jor as to, O. 7 suing in name of firm, to declare on demand of defendant names and addresses of members, R 29 Court may direct notice to be giren to third parties by, R. 105 jn;)fert^/m(7, to deliver statement of complaint and reply, Rll. 119, 149 delivering statement without being required, may be ordered to pay costs, K. 149 may without leave amend statement of claim before time limited for reply, or if no detenco delivered, within four weeks from last appearance, R. I'J for may after delivering confession of dofcneo sign a judgment costs up to time of pleading defcjice, R. 148 may serve notice of motion williout leave, on any defendant who has been served witii writ but bus not appeared, R. .'573 may deliver itderroijatorics when or after (leliveving statement of claim, but not later than close of pleadings, without ortler, or at any time by leave, R. 21)^ may obtain leave to discontuv;" action, R. lOli money paid into Court may be paid out to, or to solicitor of, on written authority of, R 211 may accept such money in satisfaction of cause and give notice of acceptance, 11 212 and tax costs, and sign judgment for, if not paid within 48 hours, R. 212 special case to be filed and signed by, R. 243 in probate actions, may ilelivor statement witliin six weeks from de- fendant's a])pearance or time iiniited loi" aiii)earance; but if defendant appear, not bound to deliver till defendant lias Hied affidavit of scripts, R. 15i» in probate and in oilier actions, not otherwise provided lor in default of appearance, niay tile allidavil of service, and proceed as if appearance had been entered. U. 74 in probate if, deny dei'endant's interest he must state so, R. 12!t tine Pautiks, Pleadings, &C. 3 vested, R. 83 ;, E. 8-t friend to, without IS (le.fmdanis, R. 87 join those as to 1, and address for show it, R. It n one, K. 108 re, R. 181 defendant added, ' defendant names >y, E. 105 lid reply, EE. 119, luy be ortlered to .'fore time limited four weeks from ■n 11 judgment for fendivnt who has H. ;i7:5 n^- statement of without order, or MM itor of, on written f cause and give f not paid within X weeks from de- ijX'unuicc; hut il' ■fondant has lili'd provided for in rvico, and pruceed tate so, E. 121) Index. oxtii, PLEA, in abatement abolished, R. 130 of "not guilty hy statute" retained, R. VA';\ PLEAD, leave to, after demurrer overruled may ho reserved, E. 186 „ as well as demur may be obtained, E. 18t) „ to amended pleadings, E. 175 PLEADING, PLEADINGS, • interpretation of, §21 of the Act. may l)o regulated by rules made by Order in Council, § 17 of the Act. Order as to, O. 19 to contain merely statement of material facts, R. 121 signature of counsel to, not needful, Ih. allegations of fact in, if not denied or stated to be not admitted, to bo taken as admitted, E. 134 each party to, must allege all facts not in previous pleadings on which he intends to rely. E. 13.5 to contain no inconsistent claims or allegations, except 'jy way of amendment, E. 136 genorahdenials in, not sufficient, E. 137 effect of material documents sufficient to be stated in, E. HI malice, fraudulent intention, knowledge, or other condition of mind, may be alleged in, without setting out circumstances, E. M2 may allege notice simpl}', unless precise terms be material, E. 143 may simply allege implied contract, and refer to circumstances, E. 14i presumption of laic need not be stated in, unless specifically denied, R. 145 matters arising pending action, Order as to, 20 party may on, give notice that he admits whole or part of case of opponent, E. 236 delivery of, mode of, E. 12." filing of, necessary only where no n])pearance. ib. to be delivered and marked with date of delivery, title of action, descri])tion of, and name and place of business of solicitor, &c., or name and address of party, if act- ing in person, R. 124 amendment of. Order as to, O. 27 Court may allow, at any stage, ER. 171, 414, 415 in unprovided cases any party may apply for leave to amend any, E. 176 how to he amended, 1?. 178 to be marked with date, &c., of amendment, E. 179 to be delivered within time allowed for, E. 180 not to be amended, pending demurrer without leave, E. 188 See Amkndment. any party may demur to, or to any part of, setting up distinct casas, R. lt<2 where demurrer allowed, part of, demurred to, to be deemed as between parties to demurrer to be ecruck out, R. 191 subsef/uenl to repli/, not allowed will>out leave, save joinder of issue, K. 167 to be delivered within tour days from last preceding, E. 168 close of, on joinder of issue without new, 25 where, fail'sulticiently to deline issues, Judge may direct parties to ]ircpare issues, R. 170 on default ot parly to plead or denuir to last, pleadings deemed to be closed at time tor, and last, deemed admitted, li, 206 ■ ' ■_ (■ wM oxvin. Index. ,i 1 I ' — ' CO ,^5 :Ct:: o P' PLEADING, PLEADINGS.— 0)n///n/w?. ani/ party nunj '(pph/ /")' •*•'»"'/» ontcr as on arfmis.'^irin^ on, ho is ontitlod to, witliout wailing tor dotermiriatioii of otlicr questions, H. 2U9 upplieation may bo nnulo as soon as right appears on the, //>. application for orilor as to interim custody of ])roperty may bo made by plaintiff at any time after his riglit appears by, or by afflihivits to the satisfaction of Judge, R. 3U3 whoro claim or counter-claim is made to specific property, not land, in hands of opposite party, not disputing title, but claiming lien. Court as soon as claim appears fi-om, may order i)arty claiming property to pay into Court money claimed on security of it and interest, kc, and on such payment that property bo given to party claiming it, R. 3G1 POETIONS, or other charges on land, raising of, assigned in England to Chan- cery Division by t? 34, Jud. Act, 1873. See R. 74 and foot-note. form for raising, 8i', p. v. POSSESSION, writ ofj mode to enforce judgment for recovery of land, R. 30t> Onhr as to, 48, '(KJ{. 348, 349.) judgment for recovery of land may be enforced by writ of, as hero toforo, n. 348 where by judgment, party is ordered to deliver up, of land, party prosecuting the judgment, entitled, on showing disobedienco to it, to a writ of, J?. 3 tit form o/'prffici[;o .''or writ of, 70, p. xlvi. form of writ of, 70, p. xlviii. POSTPONEMENT, of trial. Si'fi Tuxal. POUNDAGE, fees may be levied in ever}' case of execution, I?. 319 PRACTICE, may be regulated by Jhiles of Court, framed by Order in Council, § 17 of the Act. former, remains in force until so regulated, § IK of the Act. and in cases unprovided for bj* new rules, ,SV(; note to cap- tion of rules, )). 1 See Order m Councii,. PBvECIPE, filing copy of writ of summons Hubstituted for, J?. 23 no writ of execution to is.suo without, J'. ."iHi order of course to be issued upon, K. 3(11 forms of, for writs, pp. xlv., xlvi. searches, to bo made on, or on written memo. Si-r Stamp .\ct. PKESU-MPTION OF LAW, need not be alleged in pleadings, unless specifically denied, i{. 145 PIMVILEGKS, and rights of counsel and solicitors niuy be defined by Rwlos of Court, S 17 of the Act. PROBATE, to be commenced by action, in lieu of liy citation, J{. t indorsement of writ in, R. ]'> issue of writ in, to be preceded by filing of aflidavit, R. 25 IIS on, lio is ontitlod !!• qucsliotiH, H. 2!)'J t appears on tlio, il>. ])roporty may bo , appears by, or by 3 property, not hind, title, but claiming , may order party claimed on security it that property bo Enf,'land to Chan- R, 74 and foot-note. of land, 11. 300 by writ of, as hero r up, of land, party owing disobedience ?. nv^ \y Order in Council, of tlio Act. lies, .SV<; note to cap- IsVc Stamp .\ct. [illy denied, it 145 ■fiiR'd by J?ul('s of Lvit, K. 25 Index. oxix. PROBATE.— fb/i^i/i»e(/. service of writ out of jurisdiction in, Jl. 44 any person ma)' intervene and api)ear to action in, on showing his interest, I{. liO on defendant failing to appear, ))laintiff may file affidavit of service, and proceed as if appearance had been entered, II. 74 former IJules of Court as to ])arlie8 in, to continue in force, li, 96 plaintiff disputing the interest of defendi'.nt in, to allege the same in statement of claim, J{. 12',) statement of claim in, to be delivered within six weeks after appear- ance or default thereof. U. 150 whore defendant has appeared, not required till within eight days from defendant tiling his afliilavit of scripts, i'ft. party in, may give notice that he only wants j)roof in solemn form, I{. 162 action may j)roceed notwithstanding defendant fails to plead or demur, il. 2(»3 intcrprefatittii n/diiiuns, (). 6.3 fonnii o/" indorsement in actions, 12, p. i.\. form o/ claim, defence, and rcpl}', in actions for inlerest, 40, p. 32 forms of claim, defence, and reply in action for proof in solemn form, 44, p. xxxv. fees to Revenue. Sec ScHEDtiLE or Costs, App. H. PROCEDURE. >Vt'e Practick and Order in Council. PROCEEDINGS, not in action or suit, to be commenced as formerly, R. 8 shall be stayed when solicitor declares writ issued without his authority, II. 28 may be staj-ed if plaintifls or their solicitor refuse or fail to declare names of partners suing as a firm, R. 29 against parties added by order of the Court, to be deemed to have begun from the service of summons or notice, R. 99 (. in divorce not to be alfoctcd by Uulcs of 18S0, R. 419 pending, on new Rules coming into force, how to be carried on, RR. 421, 422 defects or errors in, nui}- be amended by Judge at anj' time, RR. 414,415 PJ?0L1XITY, in written ])roccedings may bo visited with costs, RR. 5, 119 (c), 38 PROMISSORY NOTE, all or any of ihe persons sevorall}- or jointly and severally liable on, may be joincil as parties to an action on, R. 87 procedure on, under 15ills of Exchange Act, abolished, R. 9 firms of claim, defence, anil replj to action on, 43, p. xxxv. /■(>/•/«•'< of iiuldrsements, 9. p. v. PROPER OFFICEJ'v, definition of, 0. 62 QUESTIOX OF LAW, may be slali-il in lorni of spef-ial case it' parties concur, R. 241 if Court think, should 1 e (!ecidcd hefoie evidence given, it may direct question to be raised and stay proceedings in meantime, R. 243 r 5- !iv oxx. Indbx. i i = i 3 ;! ■--. — i c.-j ■ re: ill ::iD ."sc: O QUESTION OF LA W.— ^•o«^•/M/<•-/. writlni iii^rocmiMil valid, tliiiL on jiidifmi'iit upon, u fixed BUm shall ho i)iiiil liy ono party to another, i{l{. 24(1, 217 nono Iioivaftcr undor l;j dt 14 Vic, c. ;i5, li. 247 RAISING PORTIONS, asuignc'il in Kniijland iiy llUli see., Jud, Act, 1873, to Chancery Division. [.SVc Jt. 74, and foot note] fi)n)i of general iudorsonient in action for, p, v. KECEIVEK, may bo appointed whercvoi* just or convenient, § 3 (8), of the Act. RKCOVEllY OF LAND. See. Land. RECTIFICATION, of deeds. See Dekps. KFIFERKNCE, to Judge from Registrar, and baclt to Registrar, R. 376 RF.GISTRAR, definition of, O. 425 may refer anj' matter to a Judge, R. 37*5 decision bj', may bo appealed from by summons within four days, R. 377 such appeal not to be a stay of proceedings, R. 378 REHEARING, appeals to be by waj' of, R. 102 of any order or judgment may be entertained by Full Court, § 9 of the Act. but not orders by consent or as to costs, ih. See Appeal. REJECTION OF EVIDENCE, not to be ground tor new trial, unless wrong or miscarriage done thereby, I{. 287 REJOINDER, none allowed without leave, 1*. I(i7 subject thereto, to bo delivered within four days aftei* de- livery of re])ly, R. 1G8 REMEDIES. all legal and equitable Lo bo granted by Court in such manner as may dotormino as far as possible all disputi^s incidental to action and prevent multiplicity of actions, § 2 (7) of the Act. RENEWAL OF WRIT, to save operation of Statute of Limitation, &c., 11. 30 evidence of, E. 31 RENEWED WRIT, when and how issued, R. 30 marked with seal. Hi. REPEALED, any enactment inconsistent with Act to be deemed, § 22 of the Act. REPLY, statcmoiit ol', to lie (Udivcrcd by plaintilf, 11. 119 (/>.) not BiifUcieiii, wiiicli only denies <;oni!rally the facts stated in defence, rr by way of counter-elaini except us joinder of issue, ii. lo7 u flxed sum BbuU .873, to Chancory 3 (8), of tho Act. R. 876 within four days, ngs, R. 378 { Full Court, § 9 of misciuTiiigo done Dur days after de- such manner as Uo8 incidental to (7) ot tho Act. 30 d, § 22 of the Act. e tiicts stated in joinder of issue, Index. ozxi. REPLY.— Conf/nwef/. may join issue on defence, R. 138 defence to counter-claim arising after delivery of it nmv be pleaded in, K. 140 eight (lays allowed for delivery of further, after statement of, where new defence to setofl or coniitor-claini has arisen, R. 147 (««(/ ,sul>si'i/ucnt pletidini/.^, order iis to, O. 24 to he (lolivoreil within three weeks after the defence or last of de- fences, J{. 1(J(5 forms of, pp. xviii., xxv., xxix, xxxiii., xxxvi,, xxxvii. REPRESENTATION, in action, of a class, or of parties having tho same interest, R. 91 power of tho Court to appoint, where heir-at-law, next of kin, or class unknown, R. 92 REPRESKNTATIVE CAPACITY, indorsement to show, of parties plaintiff or defendant, R. 14 denial of right to claim in, must be stated specifically, R. 128 form, 14, p. xi. RULE TO SHOW CAUSE, not to he granted unless expressly authorised by Rules, R. 868 RULES, of law on certain points, § 3 of the Act. of lair in tho Act to be in force in all Coui'ts in which the matters thny relate to are cognizable, § IG of tho Act. of Court to include forms, § 21, lb. and to he cited as " The Supremo Court Rules, 1880," R. 423 of pleading, to bo substituted for those heretofore in use, R. 118 may direct mode of taking evidence in any particular class of cases, R 274 of Court to bo made by Order in Council, § 17 of tho Act. See OuDER IN Council. of evidence, and a^' to juries unchanged, § 13 of the Act. procedure, if not chungcd by Act, or, to remain as at present, § 19 of the Act, and aSW' Head Nute to Rules. SALE, ol trust property if ordered, conduct of, to be given to trustees, R. oG5 SAMPLES, may be taken by order ot the Court, R. o(.il SCANDALOUS MATTKIJ, may be struck out or amonded, R. 171 to be visited with costs, us improper matter, R. 38G SCRIPTS, AFFIDAVIT OK, in Proliale, jjlaintitV need not deliver his statement of claim until eight days after dclemiaiit, who bus appeared, has tiled his, n. i.")0 firm of, 2!), p. xvii. SEARCHES eipo bv s 1879." pra.K:ipo or other memo, to be filed lor, with fee paid for, impressed by stamp. See App. H, Costs, p. Ixi., and § 9 "Law Stamp Act, •' . r 1 oxxu. Indkx. m"-—aM SECURITY FOR (USTH, to bo ot Huc'h ainouiit, uiul ^ivcn nl suoh timo or times, and in such funii U8 may Uo ordci'oil, |{, itB.'i bond l'')r, tu bo ^'ivon lo perHuii tor whom drawn, and not to officer, i{. :i84 niurriod womon may siio alono by louvo on giving, U. !)l» in tho ! on committee of lunatic to be good service, J{. 36 on corporation or inhabitants according to statute, R. 39 on father or guardian of infant defendant to be good service, R. 35 on luiHband lo be good service on wile, if. 34 on infant. Court may order, u> h'i f^'ood service, R. 35 on niiUiagcr of partni.'i'siiip luisiiicss, W. ,'i7 on one jierson, • urrying on business in name of a firm, R. 38 on person with whom infant or lui;atic resides to be good service, B, 35 mo8, and in Buch md uot to offlcor, , 11. 01) cctivoly, JHl. 90, dcfondant, K. 108 b samo dofcndant, [•dered, R. 108 ■ writ of, R. n08 r or land, may bo d without further Its, K. 346 R.il :. 40 38 to accept sor- of claim thoro- Idclivering stato- |, 105, lOG, E. 107 writ, R. 74 laving managing h. 39 ll service, I{. 35 bn, R. ;58 ll good service, Index. oxziu. HYAiYlVV..—ron(!mtc facts to support, if relied on, must be stated specifically, R. 127 plaintiff, in reply, may plead defence to, cither alone or with any other defence, R. 140 being eslal lished, Court may give judgment against plaintiff on balance if anj", R, 101 where there is no reply, may bo amended before twenty-eight days from tiling defence, U. 17.'] dofcndant may, by order, be refused right to avail himself of, R. 120 SETTLEMENT OF ISSUES, where claim, defence, and reply do not sufHeiently define issues of fact in dispute, the Judge to direct the parties to prepare issues and if thoy differ to settle them, R. 170 SHERIFF, not to assess damages on judgment by default, § 15 of the Act. fees of. Sec Costs, App. 11 SHORT NOTICE, of trial, four days, R. 258 SITTINGS, of Court, or of Full Court, or of Judge in Chambers, IIR. 390, 401 See Court, Full Couut, Judqe, Ouoeii in Council. SOLICITORS, attorney's to be called .solicitors of Supreme (curt, Jj 18 of the Act. rights and privileges of. may he regulated l^y Kule^; of Court, ^ 17 of the Act. not entering ap))earancc in pursuance of undertaking liable to attaciiment. R. oS not giving notice to client of service of order for inspection or dis- covery to be liable to attachment. R. 234 See Address, Disclosure, iVc. SPFCIAL CASE. to be in paragrajilis iiumliered oonseeuiively, ami to concisely state lavtrt and doeumeiils. I'pon argument, whole eontenls of doc- uments may ne referred to, and inference.s drawn Irom, of law and iaet, R. I'll questious ot law may bo stated iu form of, ib. OXXIV. Inokx. «■; r - I 3 — J CO ■isc: let: 'o If ^ SPECIAL CASE.— Continued. Judge may direct a point of law to bo raised by, and stay proceed- ings in meantime, E. 242 to bo signed by parties or solicitors, and filed by plaintiff, K. 243 copies for Judge to bo delivered by plaintiff, ib. ■where married woman, infant, or person of unsouud mind is a party, not to be set down without leave of Court, 244 may be entered for argument by either party, Jl. 245 agreement to pay fixed sum to successful pai'ty, on decision of, R. 246 rules in O, 34 to govern every, E. 247 \ Full Court may hear, if agreed to, E. 400 form of request to set down, 27, p. xvi. SPECIAL INDORSEMENT, on writ, of particulars of debts or liquidated demands prescribed, E. 16 defined, E. 17 form o/ indorsement for costs, &c., ib. and 4, p. iii. leave to defend where there is, and order ae to, E. 75 forms of, under 16, No. 13 (1 to 7), p. x. SPECIFIC PEEFOEMANCE, of contracts assigned in England to Chancery Division, by § 34 Jud. Act, 1873. See E. 74 and foot note. form of general ibdorsement on writ for, 8, p. v. STAMPS, See "Law Stamp Act, 1879." to be regulated by Order in Council, §§ 1, 2, 3 fees of Court to be taken bj', § 4 "fees" to comprise all charges for legal proceedings, § 5 no money to be taken for, except by authority of Order in in Council, § 6 proceedings not to bo issued, received, or acted upon by any Court or officer unless same impressed with stamp of proper amount, §7 proceedings without requisite stamps thereon shall be void, if not allerwards stamped as provided by Act, § 8 searches, examination of oflSce copies and other matters respecting ^ which memo., praicipc, or writings have not lieon used, shall bo applied for or done by memo, in writing or pra'cipo, on wliit'h tlic fee shall be paid by stamp iri.prcssed thereon, ;? {) sheriff or other officer not to serve or execute any unstamped pro- cess or document, if same or,ij,ht to Ijo stamped, § 10 if he does, same is void ;uul no charge can be made there- for, ib. a stamp shall be imjjressed for each fee payable on the same docu- ment, § 11 if such further stamp not attached, document to be deemed un- stamped, ih. use of unstamped document which ought to be stamped, not to be allowed, by Judge or officer, or any proceeding to be had thereon, until stamped, § 12 Judge, on application, may allow unstamped document to be stamp- ed with stamps not exceeding ten times the amount properly due, and on payment of costs, provided the neglect to stamp has not been wilful, I "•'^ document if so stamped by leave to bo deemed duly stamped, § l"* to be cancelled by officer issuing or receiving documents impressed therewith, § 15 Index, oxxv. id stay proceed. laintiff, R. 243 1 mind is a party, I 145 jn decision of, R. lands prescribed, 75 ision, by § 34 Jud. •ity of Order in )on by any Court proper amount, all be void, if not attors respecting ecu used, shall be ra'oipo, on wliich eon, S *'* unstamped pro- bo made there- n the same docu- bo deemed \in- amped, not to bo eding to be had lent to bo stanip- Miiount properly ifglect to stamp stamped, J? 14 moiits impressed ST AKPS.—Continved. fees for, payable only in multiples of ten cents, § 16 penalties for faiiui-o to cancel stamps or for violating Act, §§ 23, 24 Provincial Treasurer to issue, § 18 STATEMENT OF CLAIM, ai>d relief required by, to be indorsed on writ, R. 4 shall name place proposed for trial, li. 'l-iS pLaiiitlffto deliocr, unless doloudaut at time of appearance state that ho does not require one. Statement to be as brief as may be, R. 119 need not bo filed where defendant fails to appear when claim is for liquidated sum, or for such sum and unliquidated damages, RR. 70,71 to be delivered within six weeks of defendant's appearance, if de- fendant do not state that he does not require one, R. 149 (a.) may be delivered at any time after writ issued, either before or after appearance, but none more thiu' six weeks after appear- ance, uloss by order, R. 149 (6.) if plaintiff delivers, without being required. Court may ox'dor him to pay the costs of it, R. 149 (e.) in probate actions time for delivery of, R. 150 if plaintiff do not deliver same within due time, defendant may apply to dismiss for want of prosecution, with costs, R. 195 where defendant claims over against third person, such person must bo served with notice in form given, and also with state- ment, or if none, then with copy of writ of summons in the action, R. 104 to shoio cause of complaint, and relief or remedy plaintiff claims, R. 119 must bo specific, either simply or in the altei-native, and may also ask for general relief, same as to counter- claim; if claim be for discovery only, claim to show it, ii. 125 t distinguish separate claims, R. 120 in probate actions whore plaintitf disputes defendant's interest, must allogo denial of such interest, 11. 129 where writ spcciatly indori^xd, and defendant has not waived, plaintiff may deliver notice that his claim is indorsed on the writ, R. Kl form of such notice, ib., p. xiii, plainiilf may, without leave, amend, before time allowed for reply, or if no defence offered within four weeks from last appearance, R. 172 to bo amended unless otherwise ordered, when new party added as defendant, R. 102 may be ordered to bo amended where caupes of action are, incon- veniently joined, R. 110 may oe amended to introduce what would hitherto have been matter of new assignment, R. 131, may bo amended as justice requires, at any time, RR. 414, 415 STATEMENT OF DEFENCE, to be delivered to plaintitf, within eight days from delivery of state- ment of claim, or from time limited for appearance, unless time extended, R. 152 defendant not requiring statement of claim may deliver defence within eight days irom appcaranco, R. 153 whore (letVinlant iuis leave to defend under R. 75, he must deliver statement within time allowed, or within eight days alter order for, R. 154 to diMinrjui^h ^rjiaraie iirfeii'\:-<, R. 12() delendivnt relyii.g on fads supporting sot-off or counter-claim must state same specitically, R. 127 V^^ I U; oxxvr. Indkx. •I i 1 1 r I — !;:rD STATEMENT OP DEFENCE.— Con/mwerf. may plead matters arisen since action, with or without other grounds of defence, ii. 140 defendant having pleaded set off or counter-claim may, icithoiit leave, amend before time for pleading to reply, or if nouo, then before twenty-eight days from filing defence, 1?. 173 Judge at any stage may allow alteration or amendment in, defence or reply, or order matters to be struck out, KI{. 171, 414, 415 6'ee Defence, Reply. For Forma of Statement of Defence, No. 31 et seq., pp. xviii., &c. STATUTE OF FRAUDS, denial of an alleged contract to be construed only as a denial of its execution in fact, not of its sufficiency with reference to the, or otherwise, R. 140 STATUTE OF LIMITATIONS, not to be applied in cases of express trusts, § 3 (2) of the Act. STAY OF EXECUTION, on grounds arising too late to be pleaded, R. 328 not to be result of appeal, or of stay of proceedings, except by order, R. 413 STAY OF PROCEEDINGS, may bo directed by any Court in any matter befoi'o it, in lieu of injunction, § 2 (5) of the Act. may be applied for by any one entitled before Act to apply for in- junction against suit, ib. when solicitor declares writ not issued with his authoi'lty, R. 28 when plaintiff's solicitor fails to declare names and residences of members of plaintiff's firm, R. 29 order to show cause against new irial shall bo, R. 289 STRIKING OUT, plaintiffs or defendants, RR. 99, 100 STIPULATIONS, not of the essence of contract in equity, to receive "equity" inter- pretation, § 3 (7) of the Act. SUIT, for possession of land, recovery of rents, &c., or damages for tres- pass may be by mortgagor in liis own name § 3 (5) of the Act. interpretation of term, § 21 of the Act. hitherto commencf^d by bill or inforinatiou, or bj' citation or other- wise, in Probate, to be commenced by "action," 11. I SUITOR, in person to mark his name and address on every pleading filed by him, R. 124 SUMMONS, action to be commenced by writ of, R. 4 to be indorsed with claim and relief required, ih. form o/writ of, R. (3, p. i. Order as to issue of, O. 5 rcrit to he prepareii by plain tilV, i\. 21 wlie.i sealed, dconicil tu bo iisHned, R. 22 lilalntiff to leace c nopij H-itii ojjii'cr, 11 23 copy to^bo filed, and tiling entered, K. 34 without other ry, icithout leave, louo, then before Imont in, defence l{. 171,414,415 Defence, No. 31 as a denial of its •eferonco to the, I of the Act. dings, except by ore it, in lieu of ; to apply for in- uthovity, E. 28 find residences of 289 "equity" intor- aniivgcs for tres- 3 (5) of the Act. itutiou or other- " R. 1 )Ioading filed by rod, ih. Index. OZZVIL SVMKO'NS.— Continued. application for order for account, ■where writ indorsed, to be made by, and supported by affitliivit, RR. S2, 275 every application in chambers shall bo by, R. 375 SUNDAY, not to be reckoned in computing time when less than 6 days, R. 395 SURPRISE, pleadings, not being petition or summons, to be framed so as to avoid, R. 135 ground for setting aside nonsuit, R. 306 TAKING MONEY OUT OP COURT, money paid in, may bo taken out by plaintiff op his solicitor, under his authority, without affidavit verifying authority, R. 211 See MoNKY Paid into Court. TAXATION OF COSTS. See Costs. TENANT FOR LIFE, without impeachment of waste, not to commit equitable waste, § 3 (3) of the Act. TERMS, abolition of, § 4 of the Act niuy still be referred to as a measure of lime, ib. THIRD PARTIES, served with notice, defendants to be allowed relief against, § 2 (3) of the Act. questions as against, R. 103 Court may direct notice to be given to, when before trial it appears that questions should bo determined between plaintiff or de- fendant and, R. 105 form of notice by defendant to, p. xii. See Parties, Plaintiff, Defendant. THIRTY-FOURTH SECTION OF IMP. JUD. ACT, 1873, equitable matters mentioned in, assigned in England to Chancery division of High Court, R. 71 for list of matters, see note at end of Rules, pp. 60, 61 TIME, computation of, R. 305 expiring on Sunda3', or day on which offices closed, to hold good for^ncxt day. R. ."OG may be enlarged or abridgtil oj' Court or .rudgo, and enlargement may be ordered after time is expired, R. 307 or enlarged by consent in writing, R. vlOS See Time Table at the end of the Index, p. cxxxi. TITliE, need not be pleaded in an action for recovery of land, unless depen- dent on an equitable rslatc, or unless equitable relief sought, R. 13:> TRESPASS TO liAND, forms of statement of claim, defence, and reply in action for, p. xxxix. If -i"i- iiii* pt b:l^ I 1 OXXVIII. Index. TEIAL, mode of giving oral evidonco in, before jury not to be affected by liic Act or by the iJulos. S 13 of the Act. proposed place oi', to bo named in statement of claim, K. 248 if omitted, the City of Victoria to bo the place, ib. after a cause has been entered for, it may be withdrawn by consent of parties, &c., E. 164 order as to, 0. 36. local venue for, abolished, R. 248 to be before Judge (with or without jury^, E. 249 plaintiff, with reply to give notice of mode of, 11. 251 defendant, within four days after notice, may elect to have, of issues of fact before jury, ib. if plaintiff do not, within six weeks of close of pleadings, give notice of mode of^^defendant may, bof'oro notice served, give plaintiff notice of mode of, and plaintiff thereupon may, within four days, elect to have, of issues of fact before jury, E. 252 defendant may, instead of giving notice of, apply to have action dismissed for want of prosecution, R. 253 under local Act No. 17, 1876, discontinued, R. 250 where neither party has given notice under rules to have, before jury, either may apply for jury, R. 254 subject as above. Court 'may order trial of different questions at different times, R. 255 by jury, to bo before one Judge, unless more specially appointed, R. 256 notice of, to state whether of action or of issue, and the place and day of, E. 257 ten days' notice of, unless short notice (4 days) accepted, E. 268 notice of, to be given before entering for, E. 259 cause for, in Victoria, must be entered within six days after notice of, or notice shall be inoperative, E, 260 notice of, for Victoria, of action before Judge, without a jury not to operate for :iny particular sittings, but to bo for day named in notice, R, 261 notice of, for Victoria, before a jury, and elsewhere with or without a jury, shall bo for the first day of next assizes at place, E. 262 no covntermand except by consent or by leave, E. 203 if partj' giving notice of, for Victoria, omit to enter for, party re- ceiving notice may, in the absence of countermand, enter action for, R. 264 on notice of elsewhere, either party may enter for. If both enter, trial shall take effect on plaintiff's entry, E. 265 party entering action for, to deliver to officer a copy of pleadings for Judge, E. 260 when action called on for, if defendant do not appear plaintiff may prove his case if onus lios on him, E. 267 if defendant appear and plaintiff make default, defendant, if ho have no counter-claim, entitled to judgment, but if he huve he may prove it so fur as onuf lies on him, E. 268 judgment so obUvinod bj' default may bo set aside on application within six days after, il. 260 Judge may postpone or adjourn, R. 270 may be postponed if questions between plaintiff or defendant and third parties ought first to be determined, II. 105 vpon, Judge iiunj at or after, direct judgment to be entered for either party, or adjourn the case for furtlior consideration, E. 271 Judge iiiag direct, n-ithout jurg •.vlicro question might have been tried without jury before Act, E. 272 Judge may either belorc or at, order any issuo of fact to be tried before jury. If. 273 b to be aifected by lim, K. 248 3, ib. drawn by consent . to have, of issues idings, give notice ved, give plaintiff may, within four ry, E. 252 ly to have action ) s to have, before >rent questions at ecially appointed, nd the place and Bcopted, E. 258 days after notice Judge, without a sittings, but to with or without at place, R. 262 03 ter for, party rc- land, enter action 65 If both enter, opy of pleadings ar plaintiff may idant, if he have le have he may on application defendant and 105 tcrcd for cither at ion, R. 271 have been tried fact to be tried Index. ozxix. 'rUlAJj.—Conlinued. party desiring to cross-examine deponent where evidence is by affiiiavit must serve party filing affidavit with notice to produce deponent at, notice to bo served before fourteen days after time tor filing affidavits in reply, or within time appointed, and unless deponent produced, his affidavit excluded, li. 281 notice of, at same time after close of evidence, where taken by affidavit as provided after close of pleadings in other causes, It. '1S3 form of judgment on, without jury, p. xli. form of judgment after, by jury, p. xlii. See Mew Trial. TRUSTEE, claim against, by cestui quo trust, on express trust, not barred by Statute ot Limitations, § i! (2) of the Act. relief act, person, liable in respect of chose in action, may, in case of dispute pay same into Court under, § 3 (6) of the Act. plaintiff or defendant may represent estate without the beneficiaries being joined, R. 89 denial of right to claim as, to be set out specificallj', R. 128 of party becoming bankrupt pendente lite may be made a party or served with notice, R. 352 to be entitled to costs out of estate as formerly in Equity, R. 382 to have conduct of huIo of trust property, R. 365 TRUSTS, execution of, assigned in England to Chancery Division of High Court by, § 34, Jud. Act, 1873. See R. 74 and note thereto. form of action for, p. v. UNDERTAKING TO APPEAR, solicitor not appearing pursuant to his, liable to attachment, E. 58 VENDITIONI EXPONAS, writ of, may be issued as heretofore, R. 332 form of prKcipo for, p. xlvi. form of writ, p. xlviii. VENUE, no local, for trial of any action, R. 248 VERDICT, or judgment, when one party absent from trial, may be set aside on a2>plication made within six days after trial, R. 269 VERIFIED NOTES, may be referred to by Full Court, as to ruling of a Judge or his direction to a jurj', R. 410 VIVA VOCE, answer to interrogatories, may bo ordered, in default of answering affidavit, wlioily. or partially, or evasively, R 222 witness generally to bo examined, in open Court, R. 274 unless, otliorwiso ordered, or, by consent, all witnesses before Court, Judge, registrar, or examiner shall give evidence, § 12 of llie Act. exandnation of witness on trial before Judge (with or without a jury, not to be affected by Act or Rules of Court, S 13 of the Act. WILL, proving in solemn foini, defendant may give notice that he only desires the proof in solemn form of, R. 102 trust property under, trustees to have conduct of sale of, R. 36B ozxz. Index. WITNESS, generally to bo exnminecl viva voce in open Court, R. 274 may be examined by ordor at any place, and depositions filed and given in evidence, R. 277 See Evidence, Viva Voce, Depositions, Afpidavip. WEIT, for service out of jurisdiction, or of which notice is to be given out of jurisdictien, shall not be issued without leave, B. 7 to bear date of day of issue, R. 10 not issued with solicitor's authority, E. 28 > sued out by partners R. 29 may be renewed from time to time, E. 30 renewal to be for six months, ib. seal on, to be evidence of renewal and of date of com- mencement of action, R 31 service of, order as to, 0. 9. See Seiivice. not specially indorsed where demand for liquidated sum, if defendant do not appear, plaintitf need not file statement of claim, but proceed as in Eulo stated, E. 70 specially indorsed, where defendant appears, plaintiff may swear to his belief, that there is no defence to the action, and call on defendant to show cause against final judgment, R. 75 application to enter final judgment under this Eule to be by summons, R. 76 where 'lefendatit is added, plaintiff to amend and sue out writ of "'mmons, and serve new defendant with writ or notice, as original defendants are served, E. 101 where defendant claims over against third person, such person to be served with notice of claim to contribution stamped with seal of Court, as a writ of summons, E. 104 where specially indorsed, defendant not dispensing with statement of claim, plaintiff may serve notice that his claim appears indorsed on writ, 11. 151 amendment of, may be made bj- ioavo, at any time, E. 181 See Concurrent \Yrits. form of writ of summons, p. i. for service out of jurisdiction, p. ii. notice of writ, in lieu of writ for service, &c., ib. memo, for renewed, p. iii. WRIT OF INQUIRY, to assess damages on interlocutory judgment by default discon- tinued, EE. 71, 108 WEITS OF EXECUTION, See Attachment, Delivery, Execution, Fieri Facias, Injunction, Possession, Sequestration, Venditioni Exponas. See Forms, pp. xlvii. to li. The orrangement of the foregoing Index and annexed Time Table has been borrovcd from Hnglish bool;s of practice, — a total change in the refer- ences having been wade and some nev matter added. No Index is given to t/ie Sehedule of ('o•s^<, as the old tabular sijstem now in vogue in Knghtnd has been abandoned in favour of an alphabetical arranijenient of the uiiole Sehedule and of its parts. rt, R. 274 cpositious filed and viv. !o is to be given out leave, R. 7 id of date of com- ted sum, if defendant iient of claim, but •laintiff may swear action, and call on nent, R. 75 us Rule to be by and sue out writ I writ or notice, as Jon, such person to ition stamped with 34 \nff with statement his claim appears me, R. 181 e, &c., ib. by default discon- Facias, Injunction, las. ced Time Table has haiuje in the refer- oliJ tabular system r of an alphabetical TrME Table. OXXXI. TIME TABLE. ACCOUNT May bo applied for at any time after time for entering an appearance has expired, R. 82. AFFIDAVITS by plaintiflf Must be filed within 14 days (in the absence of special agreement or order) after con- sent to take evidence by afiidavit, R. 278. by defendant by plaintiff in reply. AMENDMENT of state- ment of claim Must bo filed u-ithin 14 days after delivery of plaintiff's list (save as above) and list delivered to plaintiff, R. 279. Must be filed within 7 days (save as aboveV R. 280. . May be made without leave once before expi- ration of time limited for reply, or if no de- fence be delivered, icithin 4 iceeks from last appearance, R, 172, copy of amendment... Must be delivered to a new defendant at the time when he is served with writ of summons or notice, or afterwards ivithin 4 days after his appearance. R. 102. of set-off or counter claim application to disal- low amendment leave becomes void May bo made without leave any time before expiration of time for pleading to reply, or if no reply, then before expiration of 28 days from filing defence, H. 173. Either entirely or in part, to be icithin 8 days from delivery of amended pleading, R. IH If not taken advantage of within time allow- ed, or within 14 dajjs from leave, R. 177. of writ of summons... May be made by leave at any time, R. 181 of clerical mistakes, errors, or omissions of defects or errors in any proceedings APPEAL from Registrar to Judge in Chambers from Chambers to Full Court May, by leave, be made at any time, R. 291. May be made whenever justice requires, RR. 414,415. Must be made within 4 days from date of or- der complained of, or ivithin further time allowed, R. 377. Must bo made within 8 days from date of or- der complained of, R. 379, I- hi' oxxxii. Time Table. AFFEAL.—OontinueiJ. from interlocutory or- ders Must bo brought within 21 days from d«to of order, except by leave, U. 412. other Appeals Must bo made before expiration of 4 months, E. 412. notice of Appeal from Judgmeut Must bo n 14 dayn' notice, R. 404. from interlocutory or- der Must bo a 4 days' notice, R. 404. notice by respondent in appeal from final judgment Of intention to apply that decision of the Court should be varied must be, subject to special order, an 8 days' notice, R. 407. from interlocutory or- der As above, a 2 days' notice, R 407. APPEARANCE within jurisdiction Must bo entei'ed by the defendant within 9 days of service of writ, as mentioned in writ, Forp\ 1. when beyond jurisdic- tion Must be entered within the time limited in order foi* leave to serve writ out of juris- diction, R. 46 by third person, not a party, served with notice under R. 104 Who wishes to dispute plaintiff's claim must bo enterod (except by leave) within 8 days from service of notice, R. 106 In default of appear- ance Where claim is for liquidated demand but writ not spociaiiy indorsed, a plaintiff may in certain cases, on filin<^ affidavit of ser- vice and statement of particulars, after ex- piration of 8 days, enter final judgment, R. 70. CHAMBERS, appeal from Registrar's decision to Judge Must bo made within 4 days from date of de- cision complained of, or within further time allowed, R, 378. from Chambers to Full Court Must be made within 8 days from date of order complained of, R. 379. CHANGE of parties Where an order is made for, under R. 354, a])plioation to discharge or vary it must bo made within 12 days from service there- of, R. 856. Any one being under disability, and not re- presented, may apply to discharge or vary order wifh''n 12 days after i.ppointmont of guardian ad litem, R. 367. CLAIM, statement of, Time for delivery Any time within 6 weelis from appearance, l{. 149 days from ditto of K. 412. 'ation of 4 months, R. 404. ?. 404. at decision of the [ must be, subject lys' notice, K. 407. R 407. defendant within 8 , as mentioned in the time limited in ) writ out of juris- lintiff 's claim must ve) within 8 days 106 ed demand but ed, a plaintiff may affidavit of ser- ticulars, after cx- nal judgment, R. rom date of de- ithin further time '.ys from date of 19. }r, under E. 354, or vary it must m service there- ity, and not ro- scharge or vary rppointmont of appearance, li. Time Taulb. oxxxiii. CLAIM, statement of. — ContinKi'.il. in probate actions Unless othorwiso ordered, before expiration of (> »('(7.s- from entry of appearance, or from time limited for appearance, in case of default, U. h^O. But if defendant appears, then, not until the expiration of 8 days after ho has filed his affidavit as to scripts, R. 150. i\mondraent May bo made without leave onco hefore expi- ration of time limited for reply, or where no defence delivered within 4 weeks from last appearance, E. 172. copy of amendment .. Must bo delivered to a now defendant at the time irhen lie is serrea', with writ of sum- mons or notice, or aflorwards within 4 days after his appearance, E. 102. COSTS, on payment into Court being accepted In full Hatisfacliun of el^iin, must he paid icit/iin 48 /«((,/-.s after taxation, E. 212. CEOSS-EXAMINATION notice for, alter evi- dence taken by affi- davit Must be served u-ithin 14 days after time for filing affidavits in reply, or within such time as appointed, E. 281. DEFENCE, statement of, Time for delivery Any time within 8 days from delivery of statement of claim, or from time limited for appearance, E. 152 where no statement of claim is required, Any time within 8 days after appearance, E. lo:! where defendant has had leave to defend Within time ordered, or wifhiit 8 days after the order it no time limited for it, E, 154. further defence or reply arising pend- ing action May bo delivered by leave within 8 daysattev its arising, E. 147. amendment of Set off or counter-claim maybe made with- out loavo any time before expiration of time for pleading to replj', or if no reply, then hiforc the expiration of 28 days from filing defence, E. 17.3. notice of, limited In action for recovery of laud, may be served u-Hhin 4 ih(i/s after appearance, E. 64. DEMUEKKE, time for dc- Ijvei.y T/ir xiinw as any "flier plcadnui, K. 184. entry for argument... IfnoUnado ami notice given thereof /n'f/im 10 diiy^: aftor delivery, and no order for leave to amend be served, the demurrer is held good, 1!. 187. DISCO VEEY, time for ... Eillior parly '^'•'foi'o dose ot pleadings may oiirr, without order, or at any tnne, hy Ic.are, deliver interrogatories, K. 213. 111! f i I J 1^- *.. CO cxxxiv. TiMK Table. DIS(;OVK[{Y, time lov.—amtinue^l. application to HtriUo out Any interrogatory as scanJalous, irrolovant, or not hond fide, may bo inado by party intorrogutod, within 4 days after servico, It. 217. answer By affidavit to bo filed within 10 days, or other timo allowed, II. 218. DISMISSAL for want of prosecution Instead of giving notice of trial under R. 251, may bo applied for by defendant, fl. 263. on default of delivery of statement of claim May, at thu end ofii weeks from appearance, or other allowed time, bo applied tor by defen- dant, with costs, E. 195. on default of answer- ing interrogatories, or giving inspection within tirnedirected May bo ordered, or the defence struck out, and defendant placed in same position as if he had not pleaded, R. 232. ENTRY of cause for trial in Victoria Must bo made by one party or the other 1 within 6 days after notice of trial, R. 260. "Where party gives notice of trial for Victoi-ia and omits to enter action, he who recoives notice may, in the absence of countermand, within 4 days himself enter the action for trial, R. 2G4. of judgment When pronounced in Court, shall bo dated as of the day on which judgment is pronounced, n. yo2. Otherwise ab of day on which requisite docu- ments arc left with officer, R. 303. EXECUTION, writs of, when entitled to ... Where monoy or costs payable under judg- ment, ])art3' Jnuy sue out writs oi fieri facias iniinecliately, R. 321. payment within cer- tain period If judgment bo for payment within period mentioned, no writ until period expires, ib. when by leave Leave may be given to issue execution be- fore, or stay execution until any time after period mentioned, ih, duration of writs, ex- cept Fi. Fa. lands .. If unexccuteil, writs to remain in force for 1 //('((/• fi'oni issue, unless renewed, 11. 322. until when nnxy be issued As between the original parties to a judgment execution may issue within 6 years from recovery of judgment, R. 324. .ifter six years Afitr (i //ivf/v or change in parties leave must be obtained, R. 325. FINAL JUDG.MEXT, on default oi aj)pear- aiice Ma}' ];c entered with costs where claim is lic][Uidated but writ not specially indorsed, alous, irrolovant, I inado by party lys after service, Hthin 10 (lays, or 18. ;riul under R. 251, ifondant, R. 253. rom appearance, or lied tor by defen- fenco struck out, same position as . 232. irty or the other B of trial, R. 260. if trial for Victoi-ia II, ho who recoives !o of countermand, ter the action for , shall bo dated as lent is pronounced, ch requisite docu- r, 1{. a03. able under judg- vrittj ot fieri facias nt within period period expires, ib. luo execution be- Itil any time after lain in force for 1 Incwcd, 11. 322. Jies to a judgment '\in 6 ijMrs from 1324. u'ties leave must where claim is lecially indorsed, TiMK Tablr. oxxxv. FINAL JUDGMENT.— Continued. on filing afHdavitof flervice and statt^menl of particulars after expiration of 8 days, judgment under R. 75 Application for leave to enter must be made by summons returnable not less than 2 cletr days after service, R. 76. on appeal from. ... Notice by a respondent that ho will apf-ly that decision be varied must, Bubjeoi to special order, be an 8 days' notice, R. 406. GUARDIAN Notice of application for a guardian ad litem to be appointed to a defendant who has not appeared, n^st bo nerved 6 clear days before day named for hearing application, R. 66. Person served with order under R. 364, may apply to have same discharged or varied within 12 days from service, 356. Where person being under a disability and not having a guardian ad litem, is served with an order under R. 354, he may apply to have order discharged or varied icithin 12 days after appointment of such. guar- dian, R. 357. INSPECTION. Notice to inspect Inspection of documents referred to in the E leadings or affidavits can be applied for y notice at any time before or at hearing, n. 226. notice that documents can be inspected Party receiving notice shall, within 2 days, if all documents referred to therein have been set out in pleadings or affidavits, or if not, within 4 days, give notice that with- in 3 days from delivery thereof, the docu- ments can bo inspected by opposite party, R. 228. INTERPLEADER Defendant may apply at any time after being served with writ and before delivery of defence, R. 2. INTERROGATORIES, tirao for delivering ... Either party before close of pleadings may once without leave, or at any time by leave, deliver interrogatories, R. 213 application to strike out Parly interrogated iv.&y, within 4 days after st^^vice, apply to strike out any interrog- atory as scandalous, &c., R. 217. answer Answer by aftida^it to be filed within "iOdays, R. 218 JUDGi^'lNT, for costs acre payment into Jourt accepted, kc. Mav be signed 48 hours after taxation where ])laiiuiff accepts payment in full satisfac- tion and lias notified defendant to that ettect, R. 212. '•ie hearing, E. 370 38, must be forth- {. 210. iintilF may then of non-payment ;n judgment for ith reply, E. 251, in 6 xceeks (unless se 'of pleadings, 252. \hin 4 days, may s to have issues 52. ■ withiti 4 days of by plaintiff (or ut he desires to a jury, E. 251, ess short notice ordered) a 10 lys' notice, ib. jives the notice itevmand, within trial, E. 264. trial by motion trial in a Burn- er E. 354, appli- r same must be orvice thereof, idthin 12 days rdian ad litem, TiMB Tablb. oxxxix. PAYMENT into Court Where action is for debtor damages, may be made any time after service of writ, and before or at the time of delivenng defence, or afterwards by leave, R. 209. notice of payment Must be thereupon served on plaintiff, E. 210. payment accepted Plaintiff may, icitlun 4 days after notice, or if payment be first stated in defence, before replj', accept payment in satisfaction, E. 212 notice of acceptance.. Must bo given, and plaintiff may then tax his costs if sum accepted in satisfaction, and in case of uon-paymint within 48 hours^ may sign judgment for costs, ib. REPLY, and subsequent pleadings A reply must be delivered within 3 weeks from the defence, R. 166. further reply arising pending action Within 8 days after its arising, E. 147. subsequent pleadings.. Must be delivered within the time ordered, E. 167. Subject to E. 167, must be.delivered icithin 4 days, after delivery of previous pleading unless extended, R. 168. STATEMENT op CLAIM May be delivered any time loithin 6 roeeks from appearance, unless otherwise ordered, E. H9. in probate actions M' Jt, unless othei-wise ordered, be delivered before expiration of 6 iceeks from entry of appearance, or from time limited for ap- pearance, if default has been made, E. 150. If defendant has appeared, plaintiff need not deliver it until the expiration of 8 days after the defendant, has filed his affidavit as to scripts, ib. may be amended Without leave once before time limited for reply, or where no defence delivered within 4 weeks from last appearance, E. 172. copy of amendment to new defendant Must bo delivered at the time when he is served with* writ of summons or notice, or after- wards, within 4 days after his appearance, E. 102 TIME, generally Months, unless expressed to be lunar, mean calendar, R. 394 Sunday, Christmas, and Good Friday, are excluded in periods of less than 6 days, R. 395. Where time expires on a holiday it is ex- tended to a day on which office is next opened, E. 396. J I 11' 'A C^ I !' ff. > \ i \ I ^ > \xL. TiMB Table. TiilAL, notice of. Plaiutiff may with reply give notice of trial and of the mode he desires, K. 251. * If plaiutiff do not within G iveeks (unless time extended) from close of proceedings give ^ notice, defendant may do so, R. 252. And thereupon plaiutiff may, within 4 days, elect to have issues of fact tried by a jury, ib. Defendant may, within 4 days of service of notice of trial by plaintiff, elect to have f issues tried by a jury, R. 251. ^k y Where neither party has given notice under rules to have trial before jury, either may apply for an order within 4 days from time of service of notice of trial, for a jury, R. ■ . 254. V Notice of trial (unless short notice consented ^ to or otherwise ordered), must be a 10 days' \ notice, R. 258. Short notice of trial is a 4 days' notice, ib. ^WRIT of summons Original only in force for 12 months from date thereof, R. 30. concurrent writs May be issued loithin 12 monf As from issue of original, R. 26. indorsement of date of service Must be made by person serving the same, loithin 3 days, R. 41. renewal allowed on leave For 6 monf As from date of such renewal, and so on during currency of renewed writ, R. 30. of execution of fieri facias For money or costs payable under judgment, may be issued immediately after entry, R. 321. if judgment for pay- ment within certain period No writ until period expired, ib. Leave may bo given to issue execution be- fore ©r stay execution until, any time after period mentioned, ib. duration of writ (ex- ■♦► oept fi. fia. lands) ... If unexecuted, 1 year from issue unless re- newed, 11. 322. • give notice of trial sires, K. 251. G loeejis (unless time of proceedings give do BO, E. 252. may, tcithin 4 days, fact tried by a jury, 1 days of service of intiff, elect to have R. 251. given notice under >re jury, either may un 4 days from time trial, lor a jury, R. )rt notice consented ), must be a 10 days' 1 days' notice, ib. n VI months from lonths from issue of serving the same, 'such renewal, and of renewed writ. lo under judgment, atoly lifter entry, •ed, ib. sue execution be- ntil, any time after » issue unless re- x^ ^^2^^^^i^^c^^ «7 7 '/^j/U/C . ^y^/i^ ' \ . t: I I 1i . J ..J Jit,Sf>^l^^*^,fiy^J?^-^ 4^>^/^ %e£^ 15: ■(,' if Z' •7 // // CO ad 'Z2 'i lit:: 'I S> l I M PWll Wi HW H iw t, . .. , ," / ■ / 'p. i -\i. m I? $ w lit J I A O th -^-), [42 VioT.] COURTS, SUPREME. [Oh. 12.] A.D. 1879. CHAP. 12. An Act to amend the practice and procedure of the Supreme Court of British Columbia, and for other purposes relating to the better Administration of Justice. [29th April, 1879.] \_The Roman numerali in the margin represent the corresponding Section* of Imperial Act*, or of the Reviled Statutes of Ontario,] TTER MAJESTY, by and with the advice i •*-*• Legislative Assembly of the Province of Legislative Assembly enacts as follows : — and consent of the British Columbia, 1. This Act may be cited for all purposes aa the •' Judicature Short Title. Act, 1879." 2. In every civil cause or matter commenced in the Supreme Court, law and equity shall be administered therein according to the rules following: — (1.) If any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim whatsoever asserted by any defendant (or respondent) in such cause or matter, or to any relief founded upon a legal right, which heretofore could only have been given by the said Court as a Court of Equity, the said Court, either as a Court oi Law or Equity, and every Judge thereof, shall give to such plaintiff or petitioner such and the same relief as ought to have been given by the said Court in a suit or proceeding in Equity for the same or the like purpose properly instituted before the passing of this Act. (2.) If any defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground, against any deed, instrument, or contract, or against any right, title, or claim asserted by any plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to any claim of the [>]aintill:' or iictitionor in such cause oi- matter, the said Court, whether as a Court of Law or ilquity, and every Judge thereof, shall give to every equitable estate, 87 Law and equity to be concurrently ad- ministered. Where any equitable claim iB advanced by plaintiff, the Uourt as a Court of Ittw or equity to af- ford same relief ai Court of Equity in a Buit for the like purpose. [See. XXIV., Act of 1873.1 Where equitable claim is advanced by defendant the Court as a Court of law or equity to af- ford same relief as a Court of Equity ought in a suit for the like purpose. I I! I; [Ch. 12,] COURTS, SUPREME. [42 Vict.] A.D. 1879. At to legal and equitable counter v'.uiins of defendant. II •-•-« CO >: O Judicial notice to be talcvn of equitable estates and liabili- ties in the same manner as Court of Equity. No cause or pro- ceeding pending in Supreme Court to be restrained by pro- hibition or injunc- tion. riglit, or ground of relief so cluimcl, and to every equitable defence ho idloged, suoli luid tlio same ottoct, by way of defence against the claim of sucli plaintift" or petitiouer, as the said Court ought to have given if the same or the like matters had been relied on by way ot defence in any suit or proceeding instituted in that Court as a Court of Equity for the same or the like purpooe before tlie passing of this Act. (8.) The said Supreme Court, and every Judge thereof, shall also have power to grant to any defendant in respect of any equitable estate or right, or other niiitter ot equity, and also in respect of any legal estate, right, or title claimed or asserted by him, all such relief against any plaintift" or petitioner as such defendant shall have properly claimed by his pleading, and as the said Court, or any Judge thereof, might have granted in any suit instituted for that purpose by the same defendant against the same plaintiff or petitioner; and also all such relief relating to or connected with the original subject of the cause or matter, and in like nuxnuer claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly served with notice in writing of such claim junvaant to any Rule of Court or any Order of the Court as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose; and every person served with any such notice shall thenceforth be deemed a party to such cause or matter, with the same rights in respect of his defence against such claim as if he had been duly sued in the ordinary way by such defendant. (4.) The said Court, and every Judge thereof, shall recognize and take notice of all cquituoie estates, titles, and rights, and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the Court sitting in Equity would have recognized and taken notice of the same in any suit or proceeding duly instituted therein before the passing of this Act. (5.) No cause or proceeding at any time pending iu the said Supreme Court shall be res*^rained by prohibition or injunc- tion; but every matter ot ecjuity on which uii injunction against the ])ro8ecuti()n of any such cause or ])roceedii:g might have boon obtaiiioil, if this Act had i..)t passed, either unconditioiuilly or uii any terms or condilioiis, may be relied on by way of dcl'ence thereto: I'l'ov'uled always, that nothing in this Act contained shall disable the t^aid Court from directing a stay ui procoodiu^'B iu any cau;.e or lualtor [42 Vict.] ovory uquitablo tl'ct, by way of or iietitiouer, as me or the like ce in auy suit or rt of Equity for liug of this Act. lereof, shall also respect of any 3quity, and also imed or asserted or petitioner as )y bis pleading, 3of, might have se by the same ner; and also all original subject claimed against the same cause rved with notice Rule of Court or ve l)een granted a defendant to a mt for the like uch notice shall or mutter, with iii9t Huch claim y way by Bucb «f shall recognize ties, and rights, ring incidentally le same manner have recognized proceeding duly A.ct. ling in the said jition or injuuc- !h iiu injunction c or proceeding ud u>)t passed, conditions, may I'ovided always, Ic I lie said Court oan:-o oj" maUcr ' I [42 Vict.] COURTS, SUPREME. [Ch. 12.] A.D. 1870. Subject to prior pro< visluiia lor givtog effect to equitable ri ;ht8 nnd other miitters in equi y, Judiciiil notice to be ttiluch debt or choso in ^ 40 [42 Vict.] red creditors, the valuation reopectively, iUws of Insol- )f persons ad- fa case V70uld ot the estate 3 of any such rder for the nding up of the same as f this Act. stee for any if any breach Y Statute of e shall not e tenant for ption known • such right such estate. Act, be any le beneficial merged or I: ossession or ) which no ter into the been given or for the or recover Qg relative e of action liim jointly and ot the ily) of any ress notice trustee, or have been in action, iw (subject to priority passed) to r choso in V • 1 i - J I -.J i" ^/*.' >.'kU' " -i^r- ^M^ "k^fd^c- :C ^/P [42 VioT.] COURTS, SUPREME. c^ ^*^^^ J [Oh. 151.] action from the date of such notice, and all legal and other a.D. 1879. remedies for the same, and the power to give a good discharge — for the same without the concnrrcnce of the assignor^Pro^ vided always, that if the debtor, trustee, or othe.- person liable in respect of such debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him,lor of any other opposing or conflicting claims to such debt or chose in action,l|he shall be " entitled, if he think fit, to call upon the several persons making claim thereto to interplead concerning the same, or he may, if he think fit, pay the same into the Supreme Court under and in conformity with the provisions of the Acts Tor the relief of trustees; I and provided that nothing in this sub- section contained shall limit or affect the operation of the Act passed on the 19th day pf May, A.D. 1876, intituled ' " An A.ct to make debts and chgSeg riD a c tion assignable at^ Law;" b ut %,party may claim as assignee undfei- such Act) or ^ undieV this 8ub-8ection,^subject to tie respective conditions of the same, as he may think proper. (7.) Stipulations in contracts, as to time or otherwise, which would stipulstiom not of not before the commencement of this Act have been deemed !''"■* *"*"«« of con- tracts, how constru> to be or to have become of the essence of such contracts in a ed. Court of Equity, shall receive the same construction and effect as they would have heretofore received in equity. (8.) A mandamus or an injunction may be granted, or a receiver Mandamus, injunc- .^ Mi*yf ^^ appointed by an interlocutory order of the Supreme Court, ""■• *"^ receivers. /• '// in all cases in which it shall appear to the Court to be'just -^J^V^X^'^ n*f/c^ t^^^'C^i Qj. convenient That such order should be made; and any such ^ ^JS j^Ary m/*/^ ^^&»*«^ order may be made either i^ncouditionally or upon such ^'^ ^^L " \b .^H/ terms an d conditions as the Court shall think just; and if an ^^ LJi/'t^/J^ ^ injunction is asked either l)efore, or at, or after "the hearing 'Tfj/.j^ ■fr '//'tj^^ Ifi^L^i^r °*^°y cause or matter, to prevent any threatened or appre-^ / /* ^J^^ • trljlJ bended waste or trespass, such injunction may be granted if ^/ ' iZ^ -^ ' the Court Aall think fit, whether the person against whom ^^^^^ • /t jssession under ^'f^^C^zyA^* *'*- ^ possession) does ^ /Xc/^ ' be restrained Ji|^ "^^^ A ^ under any colour of title, and whether the estates claimed by .' both or by either of the parties are legal or equitable. (9.) In any cause or proceeding (not in a Vice Admiralty Court) Damage by coiii- for damages arising out ot a collision between two ships, if »'<">» »» sea. both ships shall be found to have been in fault, the rules hi'vherto in force in the Court of Vice Admiralty, so far as they have been at variance with the rules in force iu the Courts of Common Law, shall prevail. 41 if ■ I If •-— to U'J O ■i;:f^ A.D. 1879. Onstody of infants. In other matters where rules of equity and law conflict equity aball prevail. Abolition of terms. {See. XXVI., Act of 1873.] [Oh. 12.] COURTS, SUPREME. [42 Vict.] What constitutes a full Court. Cases or points may be reserved or di- rected by one Judge to be argued before the full Court. L-See. XLVI., .4cC, la.iy, DamsKei on .'udj,- r.«'it by deffii i. noi t" h-s ir.r,i!\r\, ' oi btro.-s Sbei-fir. in civil proceedings, reserve the giviug of his fi icl de isiou on questions raised at the trial, und his decision, whenever c,' .en, shall be considered as if given at the time ofthe trial. 15. Subject to Rules of Cowt, damasjo! aliaU nnt be inquired of before th"" Sheriff ou judgment by default, but shall bo a88eB^5ed 'teiore a Judge (with or without a jury) at the sittings for the trial of issues of fact, or at any other time or place as a Judge may order. The ruiea of live 16. The several rules of law enacted and declared by this Act trhavt effect 'in*an ^biill be in force and receive effect in all Courts whatsoever in tho Courts of Province. Province of British Columbia, so far as the matters to which such rules relate, shall be respectively cognizable by such Courts. Provision as to rules of court. 17. The Lieutenant-Governor may from time to time, after the passing of this Act, by Order or Orders in Council, make rules to be styled " Rules of Court " for carrying this Act into effect, and in particulpr for all or any of the toilowing matters, tha* is to say: — (1.) For regulating the sittings of the said Supreme Court, as a full Court or otherwise, and of the Judges thereof sitting in Chambers, and for regulating the vacations to be observed by the Court and in the oflBces thereof: (2.) For regulating the pleading, practice, and procedure in the said Supreme Court, including all matters connected with writs, forms of actions, parties to actions, evidence, and mode and place of trial, and for the reporting by a competent short- hand writer of the evidence whenever it may be expedient or desirable to do so ; also for the reporting of judgments given in Court or Chambers : (8.) Generally for regulating any matters relating to the practice and procedure of the said ("ourt, or to the duties of tlie officers thereof, or to the privileges or rights of Counsel or Solicitors practising therein, or to the costs of proceedings therein, or relating to the conduct of business coming within the cog- nizance of the said Court, for which provision is not expressly made by this Act : (4.) For regulating the sitting of Judges in Chambers, the issuing and hearing of summonses, and generally for the efficient dispatch of Chamber business. (5.) For regulating' tlie rehearing l)eforo a full Court of all orders, decrees, or judgments of a single Judge, whether made in Couit or at Chambers: (6.) For prescribing, regulating, or doing anything which under this or any other Act may be prescrihed, regulated, or done by Rules of Court : 44 [42 Vict.] 3 0t^ Judges 3ni. •■>c, luiiy, I de isiou on er g' en, uhall be inquired of II 1)0 assessed gs for the trial Ige may order. cl by this Act itsoevor in the to which such Courts. ;inie, after the Eike rules to be effect, and in )* is to say: — i Court, as a reof sitting in )e observed by Dcedure in the onnectcd with snce, and mode mpetent short- >e expedient or of judgments to the practice :s ot tlie officers el or Solicitors ngs therein, or ithin the cog- is not expressly ers, the issuing •r the efficient !i rtot all orders, ether made in ^^ s; which under ulated, or done ,fi-''.< _J 4 'f. // (:iieftjf/;r ''\ 1 .if. // * .'/ A r ^ ff. ^^t. /, 'ttif Uf, ^.((^( ■:/. '<'^f^^4 /i/f^< 'U I't - / ' * ■y/ / .r. /'/) ■W; Jtl I, • «'t r ft>' (Jt( /' •/ •~ e ^t^/dWJ, J U r J( /, 'A V /,./' £fv J n i UtCii /<- ^^^d'H.ut^ >k- iu^...v^^y^^ ' ^ — ^ -W^^^^^- ^i /^.«^>'^""'^^^ ^^ '^A-uiyOtj /H^Uv/^^ /#. i^i^ /t-^< ^ ^^^^ /x\j6dtytJ^ At-^-^fe^ UyfTy^^ ^c^iut'O^ ^^-ixy^ /^^^ye^^i^tAJ^ /^/^ ^ '^Z* /?> -^t!^ 7/^ 4.-XX-^ -gVx.^.^^ifV^UJt^ 4^ hj^<^t€t^ .>^. >^/ /^|K^ /^-V-^ ^ . r>^ <^ r^-^ /y-^^' f> J^ t^^^^f^^^;^ ■i^/V-^-w >^€-*^ iS^e^ ;^'^p=^f.<:>2^ i . ' '/f/'^'^t^. /L ./..A- I A.D. 1879. ••DafendTnt!" •'Party." •'Matter." ••PUading." [Oh. 12] ojadgment." "Order." "Oath." "Exiitlng." '•Oommanoement,' Matters repognant to Act void. Act to come into force by proclama- tion. COUBTS, SUi'REME. [42 ViOT.J ••Defendant" ahall include every person served with any writ of summons or proceas, or served witii notice oi or entitled to attend any proceedings. "Party" shall include every person served with notice oi or attending any proceeding, although not named on the record. '* Matter'' shall include every proceeding in the Court not in a cause. '•Pleading" shall include any petition or summons, and also shall include the statements in writing of the claim or demand of any plaintifi' and of the defence of any defendant thereto, and of the reply of the plaintifi to any counter-claim of a defendant. "Judgment " shall include decree, " Order " shall include rule. •< Oath "shall include solemn affirmation and statutory declaration. ••Existing" shall mean exinting at the time appointed for the commencement of this Act. ••Commencement" shall mean the time when this Act shall come into force by Proclamation. 22. Nothing contained in any existing Act or Ordinance which is repugnant to the context hereof, or is inconsistent herewith, shall have any force or effect. 23. This Act shall come into force on any day named in a pro- clamation of the Lieutenant-Governor to that eflect published in the Government Gazette, and not before, except section seventeen of this Act, which shall come into force on the passing hereof. VICTORIA : Printed by Richard WoiiMndih, Oovanunent Printer, ■t the Qovenunent Printing Ofllcei Itaag Bajr. 40 [42 VioT.j with any writ of ot or entitled to 'ith notioe ol or ed on the record, le Court not in u DS, and also shall n or demand of ifendant thereto, >unter-claim of a tory declaration, jpointed for the Act shall come rdinance which ; herewith, shall lamed in a pro- published in the m seventeen of hereof. ter. '. J O r c s t t J r< 1 ai ti 01 '^' [44 Vict.] ADMINISTRATION OF JD8TICE, [Ch. 1.] A.D. 1881. CHAP. 1. An Act to carry out the objects of the " Better Administration of 'Justice Act, 1878," and the "Judicial District Act, 1879." [25th March, 1881.] TITHEREAS it is expedient, with a view of carrying out the Prewntu » ' objects of the " Better Administration of Justice Act, 1878," the " Judicature Act, 1879," and the " Judicial District Act, 1879," to make such provision as will, amongst otlicr things, enable actions or other proceedings in the Supreme Court to be commenced in any Judicial District and be continued and finally determined therein as effectually as they may now be at the City of Victoria: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows : — Interpretation Clause. 1. In the construction of this Act or of any Ordinance or Act interpretation, containing any of the following words or terms, such words or terms shall Via'-e or includ'j the meanings following, unless there is any- thing .. 'he subject or context repugnant thereto, that is to say: — " Judulal District" or "District" shall mean any Judicial Dis- "Judicw Diitrict" trict as de.^ned by the "Judicial District Act, 1879." "Registry"' ohall mean the office of the Supreme Court in any "Regiitry." Judicial District; " District Registrar" shall include any Deputy of such Registrar; "Dtatriot lughtrw." " Proper Officer " in this Act or in the "Supreme Court Rules, "Proper oacer.- 1880," shall include a District Registrar. "Judgment," "Order," "Cause," "Matter" shall have the "Judgment," "oitier,' respective meanings assigned to them by the "Judicature Act, 1879." " Existing " shall mean the time when this Act comes into force, "Existing." and the word " herotolbro " shall refer to any period prior to such time. The expressions "Court {or Courts) of Assize," "Assize," "oourtPJAuMft."!*. or "AssizeB," shall, wheu tmed in this or any Act, Proclamation, A I I ■i iO •if H i ,> I - \ ^ o [Off. IJ] ADMIFISTRATTOJTOF'JTJBTIOB. [44 VIct^ A«I>;''188l. Notice, or document, be construed to include Courts of Assize, Nisi Prius, Oyer and Terminer and General Gaol Delivery. County Courts. Amondi section 6 "County Court Ordl. nuce, 1867." Province to be dlvWed into County Court Diitricta. ointment of slttingfs of County Courts. Time for appeal from Count exteni County Court may be • ied. 2. Section five of the " County Court Ordinance, 1867," is hereby amended by inserting the words "or less" after the words "three days" in the first line thereof. Repeals certain Acts »nd 3. The " County Court8-Exten8it)n A'ct, 1875," Section four of the ■«o onso c . 'Better Administration ot Justice Act, 1878," and Section three of the 'Judicial District Act, 1879," are hereby repealed. 4. It shall be lawful for the Lieutenant-Governor in Council to divide the Province into as many districts as he may deem advisable, such districts to be called County Couit Districts, and to define, or at any time vary the boundaries thereof; and from tfmia' to time to appoint the times and places at which County Courts shall bo held in such districts : Provided that until such divisions be made. County Courts shall bo held at such times and at'such places as may be appointed liy Order in Councii as aforesaid. So much of the Imperial Act 9 and 10 V^ictoria, chapter 95, or of any other Act, as is inconsistent with this section, is hereby repealed. 5. A Judge may, for good cause, extend the period, fi-om t?me to time, often days allowed for an appeal from a County Court by Section fourteen of the Imperial Act, 13 and 1-4 Victoria, cap. 61. Supreme Court Judicial Districts. e. The Judicial Districts into which the Pi'ovince is divided by the "Judicial District Act, 1879," for the purpose of indicating the portions thereof in which the several Judges of tho Supreme Court shall reside and generally dischai'ge their duties, shall like- wise be Judicial Districts foi- all purposes relating to the Adminis- tration of Justice in Civil matters, save as provided in Section four above. 7. For the purpose of this Act and of enabling the provisions of tho "Better Administration of Justice Act, 1878," and of the "Jtidicial District Act, 1879," to be carried out, it shall be lawful for tho Governor-General, by Order in Council or otherwise; from time to time to direct that one of tho Judges of the Supreme Court shall reside and usually discharge his duties in tho "Cariboo Judicial District" as dctinod in the said Act; that one of the said Judges shall res-ido and usually discharge his duties in the "CUnton Judicial District," as defined in the i-aid Act; that one of the said Judges shall reside and usually discharge his duties in the "Westminster Judicial District," as defined in the said Act; and that two of the said Judges shall reside and usually Judicial Districts. Govemor-Oeneral may direct where Judges to reside and dlachargu their duties. ;44 ViCT^ of Assize, ' is hereby ds "three four of the on three of Council to may deem eta, and to from tfmB^ mty Courts ' h divisions lud at such resaid. So ' 5, or of &ny repealed. om titto to ;y Court by ia, cap. 6'I. divided by Heating the 3 Supreme shall like- e Admiuis- iection four provisions " and of it shall be otherwise; e Supreme 3 " Cariboo ■ one of the lio3 in the lluit one of duties in 1 the said nd usually [44>Vioix iggi. defined in the said Act. -*-r Section two of the " Judicial District Act, 1879," shall be read as if Amendt wction two, the words " or of Kamloops" were inserted after the word " Clinton" wsf"'^ Dutrtct ao», in the fourth line. When a Judge incapkc. itated by alcknen, Jtc., the Judge residing near- est to perfoinn bk 4ntl«,' All actions and proceed- ings to be disposed of before a single Judge, if practicable. All proceedings in the same action to be talten before the same Judge, 8. "Whenever the Judge residing in any Judicial District is for any reason whatever unable to discharge or is incapacitated from discharging any of ^'s duties therein, the Judge residing nearest to him shall, in adi to his usual duties, perform, so far as may be convenient and piacacable, the duties of the Judge so disabled or incapacitated. 9. Every action and proceeding in the Supreme Court and alJ business arising out of the same, except as hereinafter provided, shall', so far as is practicable and convenient, be heard, determined and dis- posed of befoi-e a single Judge, and all proceedings in an action subsequent to the hearing or trial and down to and including the final judgment or order, except as aforesaid, and always excepting any proceedings on I'e-hearing, shall, so far as is practicable and con- venient, be had and taken before the Judge before whom the trial or hearing of the cause took place. General 10. Section four of the "Judicature Act, 1879," is amended by Amends section 4 «< the omitting all the words after the word " authority" in the ninth line, and substituting the following as part of this Act: — Subject to Rules of Court and to the provisions of this Act, and The court ana judges of the "Judicature Act, 1879," the Supreme Court and any Judge *'""''' •' '• or Judges thei'cof shiill have power to sit and act, at any time, and at any ulace, for the tran.-aclion of any part of the business of such Court or of such Judges, or for the discharge of any duty which by any Act or otherwise would heretofore have been, or is required to be, discharged during or after term. 11. Sections five, six, seven, and nhie of the "Judicature Act, ciau«e« repealed. 1879," and section nine of 'tlie "Better Administration of Justice Act, 1878," are hereby repealed. 12. Sub-secti(ni one of section tliree of the " Judicature Act, 1879," Amends sub-section i of . , , 11, -1 • .1 1 ,, 1 • i^ sectlor 3, and section 4. 18 hereby amended by striking out the words "as may be in lorce "judicature Act, ms." for tlie time being,'' and iii-serting and reading in lieu thereof the words "as are in force at the time of tlic passing of this Act;" and section four of the said Act is hereby amended by striking out the Vords "or the same for," and inserting and reading in lieu thereof tfio words " for the same or." A.D. 1881. Jadfrnanto and ordan, their tfftct lai form. :i. '-J '4| •?#■. [Ch. 1.] ADMINISTRATION OF JUSTICE. [44 Viot.] 13. The Judgments and Orders made by a single Judge shall have the force and eft'ect of and be deemed, for all purposes, to be the Judgments and Orders of the Supreme Court; and every Judgmtnt or Order made before a single Judge shall show on its face the name of the Judge making the same {e.g.y "Before the Chief Justice," or "Mr. Justice," naming the Judge.) District Jiegistriesj District Registrar Sj and Sheriffs. 14. There shall be in each Judicial District a Registry, from which Writs of Summons for the commenceraent of actions in the Supreme Court, and all other lawful Writs of the said Court, may be issued, and in which all proceedings in any Cause or Matter in the said Court may be taken and recorded as fully and effectually as they might have been in the existing office of the Registrar of the Supreme Court, at Victoria. LoekiitToiiuchofflcM. Such Registries shall be severally established by Order of the Lieutenant-Governor in Council at or near the several places by law appointed for the r'^sidenceof the Judges; Provided, however, that the Registry for the " Victoria Judicial District'' shall, subject to any such Order, be the existing Office of the Supreme Court, at Victoria. Diatriot Raeiitry Office* to b« provided. Dlttrlct RegUtnu* (o be eppointed. 15. For each Registry the Lieutenant-Governor may appoint a Dis- trict Registrar, who shall be deemed to be an officer of the Supreme Court generally, and not merely of the Judge or Judges acting in the Judicial District to which such officer is appointed, and such TiietrpowenMddutiee. officer shall have power to administer oaths, and shall generally perform such duties, in respect of any proceedings in the Supreme Court pending in his Registry, as heretofore have, or misrht have, been performed by the existing Registrar of the Supreme Court in like cases, or as may be assigned to him by Rules of Court with respect to proceeding.^ in his Registry or to anything to be done in his Registry in counectiou with proceedings pending in any other Registry. nU of all 16. When this Act comes into force, the existing office and appoint- pi?fS"n'S^coJ^ng*°toto ment of every Registrar and Deputy Registrar of tlie Supreme Court force of thla Act. The appoi. exlating' piro on shall cease to exist and be determined; and subject to this Act and to the laws relating to the appointment and removal of officers of the Civil Service, the Registrar of the Supreme Court shall be the District Registrar of the "Victoria Judicial District"; and the i^atim^rfRoeirtm Deputy Registrars of New Westminster and Cariboo shall be severally District Registrars of the respective Judicial Districts of "Westminster" and "Cariboo." th',i Act. Seel ■'J the Court and duti . V ' Re||iiti«ra. 17. In every Registry such seal sliall be used as by Rules of Court- •hall be directed, which seal shall be impressed on every writ and 4 '*■' "^j^! iy^ 14 ViOT.] e Judge purposes, i Court; e Judge ame {e. g., '. Judge.) cm which Supreme be Issued, 1 the said ly as they ar of the ar of the :es by law ever, that subject to Court, at oint a Dis- ! Supreme acting in and such generally Supreme sht have, Court in ourt with be done any other d appoint- mo Court s Act and aflicors of shall be and the shall be listricts of 3 of Court' writ and m [44 Vict.] ADMINISTRATION OF JUSTICE. [Cu. 1.] other document, requiring a seal, issued out of or filed in such Registry, and all writs and documents, and all exemplifications and copies thereof purporting to be sealed with the seal of any such Registry, shall in all parts of the Province be received in evidence without farther proof thereof; and iir.til any Rule of Court is made, as above provided, the existing Seal of the Supreme Court shall be used by each Registry. There shall also be written or stamped upon the face of every document issued from or filed or recorded in any Registry the name of such Registry (e. g., " Victoria Registry," "Westminster Registry," &c., as the case may be.) A.D. 1881. Staled documanta to be noelved in •vidence. i. Each Registry shall be the proper place for the deposit and au records ud p»pen, •keeping of all records, books and documents connected with ton S^tore «?e'court*to be aied in Uie Reglitry, 18. safe-keeping any proceedings in the Supreme Court commenced and pending in such Registry, and for any books, papers or documents directed by any law or Rule of Court to be deposited therein ; and the District Registrar, appointed to such Registry, shall have charge of, and be responsible for, the books, records, and documents so deposited. 19. The various existing enactments respecting the appoint- Repeats existing uwsn> ment and duties of Registrars and l^oputy Registrars of the an^'^duura of Registriii, Supreme Court are hereby repealed; but such repeal shall not affect ceedings,*c. any proceedings in any cause or matter in the Supicsme Court taken or had by or before any of the said oiiicers, awid all proceedings which may be pending when this Act comes into force shall be, and be deemed to have been, transferred to tlie Regis-';?"/ corresponding to the office in which they are so pendiiT and they *hall be there continued, subject to this Act and to J; in any existing Ordinance or Act th'^ Court is mentioned, such Registrar sh trar indicated by this Act or by Ri' made by the Lieutenant-Governor i' 3 of Court: And where gistrar of (he Supreme mean any District Regis- 'f Court, or by any Order incil in that behalfl 20. The Sheriti'of any Judicial D ot shall be the officer of the sheriffs to beofflc«i oi Supreme Couit generaliy, and not j|y of the Judge or Judges ;j;||y8»P"'°''Co"rtge... sitting or acting in his District, .m shall accoi'dingly obey the lawful orders of the Supreme Court, and of the Judges thereof, in whatever District such orders are made, provided anything be re- quired to be done under them by >'ic Sheriff in his District. Wriis. 21. A Writ of Summons lor tlu- < •snicncemout of au Action in issuance of writs by 1 II 1 • T\" • T» • District Reifistrars. the bupiome Court sliall be issued )v a I'lstnct Hegistrar when Further proc»ding» thereunto rocjuired, imd in such Action and in any Cause or Mutter *'^'*°°' pending in his Regidt'y all such proceedings as may and ought to bo taken by the vci^peetivi j iii'tie? t'lereto, and as are authorized to be taken in any Action, Couso, or Mutter of a like nature by iiulea >A.D. 1881. K4ih Dntiet of Jndge at trial in taking notes of evi- dence adduced and objec- tions taken. Copy of such notes to be made, certified to, and Ued. Judge may reserve his decision in civil < , [Ch. 1.] ADMINISTRATION" OF JUSTICE. [44 Vict.] -ot< Ooart, shall be taken and recorded in the Registry out of which the Writ of Sommons may have been issued. Trials by Jury. 22. Nothing herein, or in any Act, or in any Rules of Court, shall take away or prejudice the right of nny party to any action to have the issues for trial by jury submitted and left by the Judge to the Jury before whom the same shall come for trial, with a' proper and complete direction to the Jury upon the law and as to the evidence applicable to such issues. 23. The Supreme Court or a Jndge thereof may, subject to Rules of Court, order the trial by jury of any action to be had in any District other than that in which such action is pending, and if such order be made the record in the case and the order for the trial shall bo sent by the District Registrar having charge thereof to the Registry of the Disti-ict where the trial is ordered to be had; and thereupon all proceedings to trial and ver- dict shall be had in such last mentioned district, as if the cause were pending there; and the verdict shall then bo returned with the record to the Registry from whiyh it wa^ sent, for judgment and all ulterior proceedings. The provisions ot this Section shall, as far as they may be applicable, regulate the proceedings with respect to any order of a similar nature as to pending trials, made prior to the passing of this Act. Judges' Notes — Judgments. 24. The Judge presiding at any trial shall make or cause to be made under his supervision, full notes ot the verbal testimony adduced at such trial and of all exceptions or objections made or taken at such trial ; and such notes shall be read by the Judge, or by the Registrar of the Court, at the oral request of any party to the trial preferred at any time during such trial, or immediately after the close thereof, in oi'der that any error or omission found therein may be corrected or supplied. 25. A fair copy of such notes shall be made out by the Registrar of the Court, and after being certified by tlie Judge, shall be filed of record in the cause, and shall, in case of re-hearing from the judgment pronounced in any sucli action, be transmitted to the Full Court, as forming part of such record, and shall be considered for the purposes of sucli re-licaring, us forming a true record of the evidence adduced on the trial, and ot ail other proceedings men- tioned therein. 26. Any Judge may reserve the giving of his decision on questions raised before him at any tiiui in civil causes, and his ducisiou 6 [44 Vict.] ADMINISTRATION OF JUSTICE. [On. 1.] whenever given shal! be cousidcred as if given at the time of the ^..D. 1881. trial. • 27. When any judgment, irom wliich a vo-hcai'ing will lie, hasheen statement of fact*, poinu rendered in any action in the Supreme Court, a summary statement which 'jndgmentT/foun" -,,-., . , /. 1 ,1 "^ ded to be made In certain of the facts, the poiiitH or law and tlie reasons upon which the owes. judgment is founded, shall be made, dated, and signed by the Judge rendering such judgment, and such statement shall be filed of record in the cause. Powers of Full Court. 28. The Judges oi the Supreme Court shall have power to sit constitutes fuii court together in the City of Victoria as a Full Court, and any three shall constitute a quorum, and such Full Court shall beheld only once to tit once a year. in each year, at such time as may be fixed by Rules of Court, and such Court shall constitute a Supreme Court. 29. Subject to Rules of Court, such interlocutory or other orders, what matters may be • 1 I- T 1 1 •,. 1 • 1 ■!-» 1 i re-heard before Full or judgments ot a Judge, as may n:' specined in such Rules, except- court. ing always orders mentioned in tb cii'l ii 'i section ot the " Judicature Act, 1879," may, upon the term. lucntioned in such Rules, be re-heard, varied, affirmed or discharged by the Full Court. Courts of Assize. 30. The " Circuit Courts Act, 1872," is hereby repealed. RmwJs -circuit conrt* 31. Courts of Assize shall be held in the Province as provided in courts of Assire. the following sections: — (a.) It shall be lawful for the Lieutenant-Governor by Order in Lieuunant- Governor to _, ., . 1,. Ti ,i.i«. appoint time and place Council to appoint the times and places at which Assizes are at which Assizes are to "^ ' be held. to be held in the several -Judicial Districts of the Province. (6). Every Court of Assize shall be held and opened at the time court to be opened at- 11 1 • 1 ,-. -1 ■ i~. •! 1 X 1 •■*? appomted, or after and place named in such Order in Council by a Judge if Judge not arrived. of the Supreme Court; and should any such Judge not arrive or be at the place wiiere such Court is to be held in time to open it on the day appointed, it shall be lawful for him to open and hold the said Court on any day or days following such appointed day, and thereupon the proceedings shall' be as valid as if the Court had been opened and held at the time appointed. 32. The "Supreme Court Rules, 1880," shall, as modified by this Declares "supreme court Act, bo valid, and llio provisions of any Actor Ordinance inconsis- and repeals Acts, &c., in- ' ' ' *' _ consistent therewith. tent therewith aie horobv ropeiilod, and the Lieutenant-Governor in Lioutcnant-Govemor ,, .11,,, .-1 _ may vary, amend, or Council shall nave power to vary, amend, or rescind any otthe said rewind said ruios, or ^ . . . make new Kules. Rules, or make new Kales, provided the same are not inconsistent uuies need not bo with this Act, tor the purpose of carrying out the scope and aim of JLD. 1881. Short Title. [Ca. 1.] ADMimSTRATIOlIT OF JUSTICE. [44 Viot.] this Act and of the " Better Administration of Jnstice Act, 1878." The said Rules need not be nniforni, ])iit may vary as to different districts in the Province as circumstances may require; and Section seventeen of the "•Judicature Act, 1879," with r(?spect to Rules of Court, shall continue to be in force, subject to such proviso. 33. Thiis Act may be cited as the "Local Administration of Justice Act, 1881." Preoi»in»"on"Mc«p*'''^ ^^' '^^^^ ^'^^ shall comc iuto force on a day named in a Procla- s«!Uon»8o,8i,82,»n(i8s. matiou of the Licutcnant-Govemor to that effect, published in the Government Gazette, and not before, except the last four preced- ing sections of this Act, which shall come into force on the passing hereof. • „.i Ci. I'd > [42 Vrcv.] STAJVIPS, LAW. [OB. 81.] [44 ViOT.] Vet, 1878." to diflFerent ind Section to Rules of viao. a of Justice 11 a ProclaF ihed in the 3ur preced- tho passiug A.D. 1879. CHAP. 31. An Act respecting Law Stamps. I29th April, 1879.] HER MA.TESTY, by andflwith the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows : — 1. The Executive Government of this Province shall take charge of the fees and charges hereinafter mentioned or referred to, and under the provisions of this Act shall have the absolute control and management thereof. 2. The Lieutenan^Qovemor may from time to time, by Order in Council, direct stamps to be prepared for the purposes of this Act, vphich stamps shall be of such kind or of such different denominations as convenience or the amount of the fees and charges hereinafter mentioned or referred to may from time to time require. 3. The Lieutenant-Governor may, by Order in Council, direct of what design and form, and of what color or colors, the said stamps, and the different denominations thereof, shall be issued, and from time to time, as he finds or considers expedient, may alter or change the same. 4. The said stamps shall be used in lieu and in payment of the fees and charges which form part of the Coiisolidated Revenue Fund, and are due and payable to the Crown upon legal proceedings under and by virtue of this Act, or of any other Act or Acts whatsoever, either now or hereafter in force in British Columbia, and under or by virtue of any Order in Council, Rule or Order of any Court, or Proclamation heretofore made or issued, or hereafter made or issued, under such Acta, or any one or more of them. 5. All the said fees and charges shall, tliroughout this Act, be comprised in the word "fees" or "fee." 6. Unless under authority of the Lieutenant-Governor in Council, published in the British Columbia Gazette, no money shall be paid to, or received by, any Court, or any officer of any Court, for any such fee due and payable to the Crown. 126 Executive Govern- ment to take charge of fees payable in stamps, S(c. Issue of stamps, Jtc. Form and color, kc, of stamps. For what purpose they shall be used. What the word "fees" or "fee" shall include. Xo money to be received for such fees. [Oi. SI.] STAMPS, LAW. [42 ViOT.] A.D. 1879. No proceeding to be tklld until all fees thereon are paid by ■tampi. Proeeedingi not ■tamped to be void. Oaiei of search, *e. proTidtd for. 7. No matter or proceedinj;; whatever upon which any foe is due or payable to the Crown as aiorosaid shall be issued or shall be received or acted upon by any Court, or by any officer of any Court, until a stamp or stamps under this Act for the sum corresponding in amount with the amount of the fee so due or payable to the Crown as aforesaid for, upon or in respect of such matter or proceeding and in lieu of such sum so due and payable to the Crown has or have been attached to or impressed upon the same. 8. Every matter and proceeding whatever upon which any such fee is duo or payable to the Crown as aforesaid, und which is not so duly stamped, shall, if not afterwards stamped under the provisions of this Act, be absolutely void for all purposes whatsoever. 8. In all cases of search, examining, and authenticating ofUce copies of papers made by the attorney or solicitor, and in all other cases where it has not been customary to use In reference to such search, examination, authentication, matter or thing, any written or printed document or paper whereon the stamp could be stamped or afiEbced, the pai-ty, or his attorney or solicitor, requiring such matter or thing so to be done, shall make application for the same by a short note or momurandura in writing, and a stamp or stamps to the amount of the fee so payable shall be stamped on or affixed to such note or memorandum. 10. No Sheriff, or other officer or person, shall serve or execute any writ, rule, order, or proceeding, or the copy of any writ, rule, order, or proceeding upon which any such fee or charge is due or payable, and which is not stamped under this Act, and every such service and execution contrary to this Act shall be void, and no recompense shall be allowed therefor. 11. No matter or proceeding which has been duly stamped for the purposes for which it hus been used, shull be considered as stamped for any other purpose, in case another fee or charge is due or payable thereon for uny other or further use of the same matter or proceeding. Court to take notice 12. The Court in which any such matter or proceeding is, or is tho'^ihVo objwtlon P«nding, which ought to be, but is not, so duly stamped, shall not, it made. nor shall any Judge or officer of such Court take or allow any matter or proceeding to be bad or taken upon, or in respect of, such matter or proceeding, although no exception is raised thereto by any of the parties, until such matter or proceeding has been first duly stamped. Court to allow 13. Any party to any matter or proceeding in any Court which ftamp to be affixed ought to be, but is not, 80 duly stamped, may apply to the Court in which such matter or proceeding is pending, or to any Judge having Jurisdiction in the case, tor leave to have the same duly stamped, 126 No unstamped pro- cess, Ac, to be serred. Another stamp re« quired whenerer another charge is due. [42VIOT.] ay foe is due or shall be of any Court, 3orre8ponding yable to the or proceeding !rown has or ich any such hich is not so le provisions ver. eating office in all other mce to such ly written or i stamped or such matter 5 same by a itamps to the ixed to such or execute writ, rule, ;e is due or every such old, and no stamped for >u8idered as barge is due ame matter ng is, or is 1, shall not, r any matter such matter y any of the ily stamped. lourt which rie Court in idge having ly stamped, IMAGE EVALUATION TEST TARGET (MT-3) k i< \ ' i • l 't ■ .1 1.0 1.1 125 lli|28 m m £ 1^ 12.0 IIIL25 11 1.4 I m <^^^ . '^ ^ji *^*?'* ^ ^Scmces CorpoiBtion 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) S73-4S03 ^V '^ [42 VioT.] STAMPS, LAW. [Or. 81.] and in case this Act has not been knowingly and wiUhlly violated, j^,]), 1379. the application shall, on payment of costs, be granted for the duly — stamping ot such matter or proceeding with stamps of such amount beyond the fee due thereon as may be thought reasonable, not exceeding ten times the amount of the stamp. 14. The affixing of such stamp or stamps under any order made RetroaoUre effect of for that purpose shall have the same eflEect as if the said matter or °' "' proceeding had been duly stamped in the first instance. 15. In every case in which a stamp or stamps has or have nnder stamps uied, to be this Act been attached to or impressed upon any matter or proceeding, Jj boused am""*** it shall be the duty of the officer who issues or receives such matter or pi'oceeding, forthwith, upon the issue or upon the receipt thereof, to cancel the same by writing, or stamping, or impresdng in ink, on such stamp the date of such issue or receipt, so as effectually to obliterate and cancel the stamp, and so as not to admit of its being used again. 16. All fees now payable, or hereafter at any time to become Fees or dues to the payable, shall be at the following rates : All such fees up to ten cents, ^^°^^ increased in shall be made and paid at ten cents ; all from ten cents to twenty cents, at twenty cents ; all from twenty cents to thirty cents, at thirty cents ; and so in like manner all other fees which are not multiples of ten cents shall be sta'ed and payable at the multiple of ten cents next above the sum at which they are so stated. 17. The Provincial Treasurer is hereby authorized and empowered provincial Trea- to procure the necessary stamps required under this Act, from time *"*' *<> procure to time, as they may be required, and the Deputy Treasurer shall keep an account of the numbers, denomination, and amount thereof, and of the dates at which they are so procured and delivered. 18. The Provincial Treasurer upon payment to him of the proper ^nd to sell the amount, shall deliver such of the said stamps as may be from time on^x* to time required, and he shall cause to be kept an account of the number, denomination and amount thereof according as he receives and delivers them. 19. The Provincial Treasurer shall, subject to the provisions Allowance to be hereinafter contained, allow to any person who takes, at any one ™'^* '" purchasers time, stamps to the amount of twenty-five dollars or upwards, discount at the rate of five per cent. 20. The Lieutenant-Governor, by Order in Council, may, how rer. Lieutenant- Govern- if ho deems it expedient, make arrangements with any pers a or °' ™»y "*'«* ^^y . ^, 11/. ^1. , . , ,. person sole vendor persons for tiie sole sale of stamps to mm or them in any locahty, of sumps in any and for such time as may be thought expedient, at any rate of dis- '""'"'y' count, not exceeding, however, the rate above stated, and in such case 127 [Ob. 81.] STAMPS, LAW. [42 ViOT.] ,)> A.J). 1879; Obligations of such persons. Penalty for contra* vention. Allowance for stamps spoiled or returned. the Provincial Treasurer shall not issue any stamps to any other person in the locality si^ecified in such Order in Council. 21. In ease un arrangement is so made with any person or persons iorthe sale of stamps as under the next preceding section mentioned, such person shall he hound at all times to keep on hand such a supply of the difterent kinds of stamps during the time for which the arrangement lasts, as may be reasonably expected to be required of him ; and he shall be bound to sell the same to all persons who may demand the same, upon payment to him of the amount or value of such stamps ; and in case of any violation of any duty imposed by this section, he shall forfeit as a penalty to Her Majesty a sum not exceeding fifty dollars, and shall further be liable for the damages sustained by any person through such violation of duty. 22. The Lieutenant-Governor by Order in Council may, fi-om time to time, make such regulations as may be thought expedient for an allowance for such stamps issued under this Act as may have been spoiled or rendered useless or unfit for the purposes intended, or for which the owner may have no immediate use, or which, through mistake or inadvertence, may have been improperly or unnecessarily used ; and such allowance shall be made either by giving other stamps in lieu of the stamps so allowed for, or by repaying the amount or value to the owner or holder thereof, after deducting the discount allowed on the sale of stamps of the like amount. Penalty for issuing, 23. Every person who knowingly issues, or knowingly receives, cceiltn"'^ wHho '^t''"'" P^ocures or delivers, or who knowingly serves or executes any writ, having it duly rule, ordei', matter or proceeding, upon which any fee is due or payable '"''* * to the Crown as aforesaid, without the same being first duly stamped under this Act, for the fee payable thereon, shall be subject for the first infraction hereof to a fine not exceeding ten dollars, for the second to a tine not exceeding fifty dollars, and for the third and every subsequent infraction to a fine of two hundred dollars; and in default of payment of such fines shall be subject to imprisonment for a period not exceeding one month for the first infraction, three months for the second, and one year tor the third and every subsequent infraction. Penalty for not properly obliter- ating stumps. 24. Every person who fails or omits to obliterate and cancel any stamp in the manner and at the time hereinbefore provided, shall be subject to a flue not exceeding twenty dollars, and in default of payment thereof, to imprisonment for a period not exceeding two months. Application of fines' 25. All fines imposed by this Act shall be paid to the Provincial Treasurer for the general uses of the Province, and shall be recovered 128 [42 VioT.] any other n or persons mentioned, lund such a )r which the required of >nswhomay or value of imposed by a sum not le damages may, from t expedient IS may have ;s intended, , or which, properly or e either by for, or by lereof, after ot the like ly receives, is any writ, or payable lly stamped |ect for the the second and every in default lent for a •ee months mbsequent cancel any lletl, shall Idefault of ^ding two 'roviucial recovered [42 Vict.] STAMPS, LAW. [Ch. 31.] before any Court having competent jurisdiction to the amount, at the _a..D. 1879. instance of Her Majesty's Attorney-General for the Province ; and —— the production of any such writ, rule, order, matter or proceeding, unstamped, or stamped for too low and insufficient a sum, or the stamp of which is not properly and sufficiently obliterated and cancelled, or the proof of any such writ, rule, order, matter or proceeding having been unstamped or not sufficiently stamped at the time when it was so issued or received, or served or executed as aforesaid, or of the stamp not having been properly and sufficiently obliterated and cancelled, shall be sufficient prim^ facie evidence Proofin suits for of such writ, rule, order, matter or proceeding having been *"*'• knowingly or wilfully so issued, or received, or served, or executed without being or having been first stamped, or without the stamp having been properly and sufficiently obliterated and cancelled. 26. The Provincial Treasurer mentioned herein, shall mean the who is meant by Minister of Finance and Aiffriculture of the Province. "Provincial Trea- ° surer." 27. This Act may be cited as the "Law Stamp Act, 1879," but short Title, shall not come into force until the Lieutenant-Governor's assent thereto has been proclaimed by notice in the British Columbia Gazette. VICTOBIA : Prbitcd by Riciiahd Wolfksdex, Uovemment Priiitcr, at the Oovemmont Priiitintr Office, James' Bajr. 12D '4 K Z .3, t Kor 1 Over Over O ver Over And Muni the I'Kll Kl Pro! \\ 1)1 N A LAN Si c .s s s (! H Goi I I I Dci: 1 A I' \ 363 ®he Brttrsh ^alumMa (^mtiU. PUBLISHED BY AUTHORITY. t Vol XXVI VKTrORIA, OOTOMKR l>1st. IS.st; [No. 42. = a^hc British CJolumhiii (Saxette. PUBLISHED EVERY TIIUHSDAV. SCALE OF CHARGER FOR ADVERTISING Kor UK) words uiul inifler '?■' "0 Ovor liH) worilK anil unilor ISO words (I .'iH Over IW) words and under 2nn words S on O vor 2IIII worN. Kummonin^ nu>etinj: of now -Meuilters Provinciai. Skcrktarv's Dki'abtmknt. Appointment Dates and i>laec.s of holding Courts of AssIku Notice to Assessors Aiuendniunts to Supreme (tourt Kulea LASIIS ami WoRK.s IlKI'AlirMKNT- Survey of Lots 2 to 7, Walt Spring Island, ('.j«icliari Dis . . Caiieeliatioii of reserve. New Westminster District .Survey of Lots I and 2. (Vmichan District Survey of Lots H'l to (W. Alhurnl District .Survey of Lot 5, .\lherrn District Survey of Lot .'■T.'i, (iroup 1, New Westminster District. . - Oraiitinu of coal ivrospectors' licence to T. Earle \ others Bstalilisliinif a liiglni y in Now Westminster District. . . Gold ('osimis.siosk.r'» Notickm. lavinR over of Mineral (Maims, Lillooet District Layinif over .Mineral ( laims, » 'assiar District. Layinjj over .Mineral t'luims, Koot.enay District Olisoellaneous Notices. Dominion 1'aiilia.mkni. Hules rcspectin>! I'rivate Hills Al'PLlCATIONS TO I'l RCIIASK LAXU. S. L (lalbraith llln acres James liaker— '2,721' acres U. .Saunders 1110 acres K. Dalley KHi acres Wni. .laineson small island K. Valenzuela— Ifti acres 11. Wright -ItiO acres . Clapperton ;120 acres Nelson— 040acres Anderson 041* acres 1 )ale 0411 acres , .1. A. Huniet,t--2iKi acres A. Hurnett- 100 ueres U. Youm;- -2.*>0 acres Iloval Citv I'lanina Mills -a2() acres W.' c;. Ward- aa.'i acres ,) . C. Hales 2i)0 acres Wm. .Mci'henion and .lohii Koliin.son- 480 acres .1. ('. Ilaynes certain lands, Osoyoos Kostir (iold .Mining iV .Milling Company 640 acres. . It. y. ICoK'Hsh 2,000 acres Donald McKae 100 acres (ico. Kudge ItIO acres E. C. I'errv and K. C. Cridse KiO acres ,1. W. McLeo, ;«!» a«i 370 370 370 367 :I6II .170 370 370 370 370 36!) 367 :«!« VA.\ \it. .Service out of tho jiirisdiutioii of a writ of suiiiimiiis may also he allowed hy the Onirt or .ludgB, will re the uetioii is ujion a ooiitruet oi' judg- ment (notwithstanding the cau.se of .such aetioii,-r)r of the aetion upon which such judgment was olitained,— wltoUy arofc out of British < ohimliia), and it appears that the defeiulant has assets in liritisii Columbia of the value of .S-(H), at h ast, which may l>e rnndered lialile to the judgment,' in case the plaintitf should re- cover judgment in the aetion. 4Sa 7. If the iletenihmt does not .tiipe.ir to a writ v hich, or notice of which, has heeii served upon him, ))ur.suant to such leave, the Court or .Judge is to give any ilirectioiis which the Court or .ludge from time to time sees (it, as to the muniier of proceeding in tlie action, and the conditions upon which the same may he proceeded with, and shall rec|uire the plaintitt' before obtaining judgment to jirove his claim and the amount of leted, and the rolls tinally revised and completed, on or before the 3l»t December next. m^.u uiviiioix vjv/ijviumA UA^^Kl'i'K. [October 218T, 1886. [L.S.] (LKMKNT F. CORNWALL. CANADA. PROVFNCK OF HHITISII COLUMUIA. VICTORIA, by the (iracf of Co.!, of tlio llniteil Kingtloni of Orcat Itritnin and Irolantl, Qiikkn, Pt'fpndfr f Our I'rovince of ISritinh Coluniliia, anil Munnuoni'd and failed to a invetingof tile Lt^rislatiire or I'arliaincnt of Our' Haiil Proviner, nt Onr Citv of Virtoriu, on WedneMclay, tlie eighth day of Septenilier, iimt. , to have heon coninieneed and held, and every of you — fiRKKTiNd. A PROCLAMATION. P. ^: '"VINO, ) VITHKHKAS the niert />f/iiili/ A I I ■' ■ (lenfiiil. I Vt ing of the Legisla tn re or Pa. ••• nt of the Provinei? of British Colum- hia Htanrls I , \ I for Wednemlay, tlu' Kij,'htli day ol Septomher, iii.st.. at uhieji timt , at Our City of Vic- toria, yo\i Were held and constrained to app'ar. NOW KNOW YK, that for diveri caUHi'H and con- HideratiouH, and liikinj; into eon.sideratii)n the case and convenience of Our loving! Hiilijeets, We have thought tit, liy and with the adviee of Our Kxeeutivo Council of the IVovini'e of British ( '(di'.iuhia, to relieve you, and each of you. of youi- attendance at the time afore- said; hereby convoking, ami by these iiresents enjoin- ing you, and each of you. thaton MovoAV, the KloiiTll day of the month of Novkmi'.kk next, you nxet Us in Our said Legislature iir Parliament of our saiil Pro- ▼ince, at Our (.'ity of Victoria, and therein clo as may seem nec^eshary. Heiein lail not. In Tkstimonv Wiikkkoi', We have caused tlu'Se 0\w Lciters to be made Patent, and thetJreat Seal of the said Proviueu to be liereunto atlixed ; WlTNK.ss, the Honourable (,'l.KMKNT V. ('ou\w.\i.r., Lieutenant-Ciovernor of (hir said Province of liritisli Cohnnbia. in Our City of Victoria, in Our said Province, this Thiitieth day of .\iigust. in the vi ar of Our Lord one thousand eight Inuidredand eighty- six, and in the littieth year of Our Heign. Ky Command. .INO. UORSON, /', /'/*// Si't'r>'fftf'i/. NOjnCE. AMlTTIN(i of the County Court of Nanniinowilll ho held nt Coniox on Tuesdny, the PJthOctohur, 1880. And sittingH of the Connty Court of Cariboo will he held- - At Riohtiehl Monday... 11th October, 1886. ,, QuesnellenxMith ThnrHday. . 14th ,, ,, ,, Soda Creek .... Saturciay. , Kith ,, ,, ,, Lillooet Wednc.idny 27th ,, ,. ,, Clinton Monday .. 3tn November, ,, j By (.'omuiand. .INO. ROIWON, I'riirhiridI Sfcretiiry, I'rui'iiitiitl Sfrri-tiirii'i ^Ijlii' Viilin-iii, li. ('., Se/iti'iiihei •J.'ln/, 18>S6. NOTICE~T(rCL AIM ANTS OF LAND. ALBKRXI DISTRUJ'r. VroTICK IS IIKRKBV CIVKN that Lot .I, Albern I 1 District, has been surveyed for Chas. Taylor, Sr., as the land held under his Pre-em|ition Record No. 41.'), dated lauuary Pith, 1880. A plan of the same can be seen at the Lan3-— Dainel Stewart — Pre-emption Record No. 4!)l, dated July 16th, 1886. Lot .'ifi — Thomas Fouereault — Pre-emption Record No. 4!I3, dated .Tuly 16th, 1886. Lot .")8 — Henry Hansen — Pre-emption Record No. 4!t7, dated August .Ird, 1886. Lot 60- -Frederick W.Muller and Arthur P. Proctor — Pre-emption Record No.502,dated August 18tli, 1886. Lot 62 — Aitinir Norris — Pre-emption Record No. 46r> dated May 18th, 1886. Persons having adverse claims to any of the above- mentioned lots nnist file a statement of same with the Connnis.sioncr within 60 days from date of this notice. WM. SMITHE, ' '/ill/' < 'omini«suin«r of Lamia .C- Workx I.'.uuIk COWICHAN DISTRICT. NOTICE IS HEREBY GIVEN that the under- mentioned lots in Portland Island have been sur- veyed, and a plan of same can be seen at the Lands and Works Oftice, Victoria, and at the office of H. Fry, Esq., Assistant Commissioner, Quamichan. Lotl— Wm. Mantor—Preemption Record No. liilS, August 12th, 187.'). Lot 2 — .John Pealon — Pre-emi)tion R,?cord No. 1517, August 12th, 1875. Persons having adverse claims must file a statement of same with the Commissioner within 60 days fror [October 21 ht, |«86. TK5E. oiuity Court of Niumiino will I oil 'riic8.lay, the ritliOctolwr, miity Court of Cariboo will Klay... nth October, 1886, iiMifnv, . 1 4th ,, miay., Kith liic.iday 'jyth „ ',' I'lay . . ■Mi\ NovciubiT, „ laijil. •IXO. ROIWON, /'roriiiriiil Sfcretiiii/. >.!»•■ ^ '■liihr, L'M/v/, ISSfl. IMANTS OF LAND. I DISTRICT. CIVKX that Lot 5, Alberii iivcycd for Clia». Taylor, Sr., ii8 hfiiiiiPtioii Rocoril No. l8Sfi. A plan of the iianiu 1111(1 WorkB Otticf, X'iutoria, i.v, Ksij., (iovuriiiiieiit Agent, chtiiiiH to tlic ahovp-nanied i)f thf .same with the Com- froni (lute of this notice. \VM. MMITHK, mixsiuiii-r of Liiitt/ii .(■ Workx. r/iiit'iit, ir.M, 1886. I i>i .4 "* rs oV^. 4 WD. ms'l'KICT. i' (;IVKN that the undcr- lund hituatu in Alh(rrni Dis- and that a plan of same can V'ork.s Department, Victoria, ^y. K«(|-, Assistant Commis- h- I'le eiiiptidii Record No. 1, 188(1. iny Pn^-emiitioii Record .'.■)tli, Ins,-,. I'leenuition Record No. 886. I're-umption Record No 1880. Pre-emption Record No. 880. lilt— Rre-eniption Record th, 1880. I'ro-euiption Record No. 1880. Her and Arthur P. Proctor No. 502, dated Auyiist 18th, Pre-emption Record No. 880. aims to any of the above- statement of same with lays from date of this 1. SMITHE, idoner of Lumls ,i- W'orkfi nt, 1th, 1886. I4MTS OF L,A.\1> DISTRICT. GIVEN that the under- ind Island have been sur- n be Been at the Lands id nt the office of H. PVy, ', Quamichan. einjition Record No. 1,T18, !mption Rv^cord No. 1517, ims must file a statement er within 60 days fror . ( ;',- BXTK/A.. ,1 i. I .^^«»e '^ rev rtttsh ^0lttmb!a (^mtiit FUBTISHED BY AUTHORITY. VICTOEIA, OCTOBER ISxn, 1881. AMENDMENTS to ,, The Supreme Court Rules, 1880. / Copy of a Rep&rt of a Committee of the Honourable the Executive CowncU, approved by His Honour the Lieutenant-Oovernor on the nth day of October, 1881. ' The Committee of CouncilUdvise)tbat "The Supreme Court JBules, 1880," be amended as follows, by virtue of the provisions of (Section 17 of the <* Judicature Act, 1879," and of Section 88 of the *' Local Administration of Justice Act, 1881," that is to saj^— ORDER XXXVI. Trial. Rule 248 is hereby amended by omitting the words " of Victoria" in the last line thereof, and substituting therefor the words "or '* town wherein the action was commenced." Rale 261 is hereby amended by omitting the words "in Victoria" in the first and eighth lines thereof. Role 262 is hereby repealed and th^following substituted there- fort- Notice of trial by jury^hall be deemed to be for the first day of the then next Assizes at the place for which notice of trial is given. Rule 269 is hereby amended by omitting the words "Save as ** provided in Section 7 of the Act." a48A. aeiA. 262a. a69A. CI EXTiez-A.. / rttish A. 400a. W Hule 285 ia beroby amended by omittiuir tbe words " it tbe ^ri«l "1m taken place in Victoria," and by lurcber omitting all th« ^orai after the word '* time" iu the leventh line. 401a. 408a. In Rule 287, the word " Fall " shall be omitted. / ,, ORDER XL. ' V Motion for Jcdoment. In Rule 292 the words "Full Court" shall be omitted and the following worda Hubstituted tlierofor : — *' Court of the District wherein the action has been commenced." * ORDER LIV. Rule 879 is hereby repealed. ORDER LVm. ;.; »i Rale 899 is hereby amended bv omitting the words " and every ** appeal from a County Court or Mining Court." Rule 400 ia hereby repealed and the following substituted therefor: — A Full Court shall consist of not less than three Judges of the Supreme Court sitting together. An appeal shall lie to such Court (a.) From every final Judgment only of a single Judge sitting in the Supreme Court, or in any County Court, in caaee where the matter in dispute exceeds tne sum of 9400, or relates to any sum of money due to or claimed by or on behalf of Her Majdsty, or to anv title '^o lands and tene- ments or such like matters or things where the rights in future might be bound, although the immediate value or sum iu appeal is less than ^00; Whenever the jurisdiction of the Full Court is dependent in cases of appeal, upon the amount in dispute, such amount shall be understood to be that demanded and not that recovered, if they be different; (6.) From every Judgment, Rule, or Order made by a Judge sitting as aforesaid, or by any County Court in any cause, suit or matter involving the question of the validity of anj Act of the Parliament of Canada, or of the Legislature of this or any other Province of Canada, althousrh the value or amount involved in the appeal ia less than 9400. (c.) Upon any order of a Judge aforesaid relating to the Issue of a Writ of Mandamus or upon any question arising upon the return of such Writ; (jd.) U^on any order of a Judge afbresaid relating to the quashing in whole or in part of any Municipal By-law; (e.) Upon any order of a Judge aforesaid made upon any case stated by an Arbitrator, or upon any motion to set aside or refer back an award where the matter in dispute exceeds the sum of 9400; (/•) Upon any order of a Judge aforesaid granting or refusing a New Triel where the matter in dispute exceeds the sum of 9400. The Court shall also have jurisdiction {g.) To hear and determine Special Cases when all parties agree to have the same heard by the Full (Jourt. Rule 401 is hereby repealed and the following substituted there- for: — Sittings of the Full Coiirt shall be held in Victoria for the year 1881 on Monday, the 19th day of December. Rule 402 is amended by omitting the word " ruling" in the 4th and 5th lines. fbl fo^ OoToan 18tb, 1881.1 ^HB BRITISH COLUMBIA GAZBTTB. *> ling bide rate a of ties Ire- 404a. 40SA. 4071. 4121. 412s. Bale 404 ia hereby repealed and the following aubstitated there- for:— Notice of Appp' ' ^m any Judgment or Order ahi.ll be a fourteen daya' notice. Rule 406 ia hereby amended by omittina; the worda in the Srd and 4th linea, "except in appeals from a (A>unty Court or Mining Court," and by fhrther omitting the worda "upon interlocutory applicationa or in the 8th line. Rule 407 ia hereby repealed and the following substituted there- for: — Subject to any Special Order which may be made, notice by a Reapondent under tne last preceding Rule ahall be an eight days' notice. Rnlc 412 is hereby repealed and the following substituted there- for:— No appeM shall, except by special leave of the Full Court, be brought after the expiration of four months, which period shall be calculated from the time at which the judgment or order is signed, entered, or otherwise perfected, or, in the case of the refhsal of an application, from the dute of such refusal. Such deposit or other security for the costs to be occasioned bv any appeal snail be made or given as may be directed by the Full Court, or by the Judge whose decision is appealed from ; p*"^ Appeals from County Courts shall be governed by the Rules in t. t behalf provided. The words " final judgment" in these Rules shall mean any judg- ment, rule, order, or decltiion whereby the action, suit, cause, matter, or other judicial proceeding is finally determined and concluded; and the said words shall also be deemed to include any rule^ order, or decision which shall have the effect of finally deter^ mining any cause, matter, or judicial proceeding, although such rule, order, or dv vision may not, according to the rules of practice in force for the time being, be a final judgment. ORDER LX. Rule 417 is hereby repealed and the following substiti. 1 there- for:— There shall be a vacation in the Supreme Court from the 10th 417a- day of August to the 30th dav of September, both inclusive, during which vacation no pleading snail be delivered or cause tried except by consent. Christmas day and the two following days, Good Friday and the following days up to and including Easter Tuesday and any Statutory holidays, shall also be observed as vacations. All other vacations shall be abolished. Service of summonses, notices, pleadings, orders, or other pro- 417b. ceedings upon any Solicitor shall be mad^ befova one o'clock, p.m., on Saturdays, and before five o'clock, p o., ou other da^'s. If made after the above hours respectively the pe,-, ioe shall be deemed to have been made on the next day which Is not a holiday. The above Rules may be cited by their marginal numbers as 417o. forming part of " The Supreme Court Kules, 1880,° or may be cited as the "Amended Supreme Court Rules, 1881," and shall come into force and take effect on and after their publication in the British Columbia Gazette, but nothing herein contained shall be construed so as to prejudice or invalidate any proceedings taken under "The Supreme Court Rules, 1880," prior to such publication. Certified, T. B. HUMPHREYS, Provincial Secretm'y and Clerk Executive Council. TtCTORIA : Printed l - Richard WoLriron, GoTtnumnt TiMm, .■■■' •" ; - :.-.?; UA GAZETTE. [November 26th, 1&91 PROVINCIAL SECRETARY. 4 ■Vtr Pkovincial Secrbtary's OFnCE, 4«A November, 1891. HIS HONOUR the Lieutenant-Oovernor has di- rected that the following Rules be made Rules of Court under an Act intituled "An Act to amend the ' Supreme Court Act. ' " And further that the said Rules iihall como into force on and after the sixteenth day of November, inHtart. By Command. , JNO. ROBSON, Provincial Secretary. Rules of Court under 1891, Cap. 8. 1. The Judge of every County Court in all actions] broug'.t in his County shall be and hereby is empowered f and required to do all such tilings, and transact all , such business, and exercise all such authority andr jurisdiction in respect to the same as by virttfe of any ' Statute or custom, or by the rules of practice of the | Supreme CoUrt are now done, transacted or exercised by any Judge of the said Court sitting at Chambers, s ave and except in respect of the matters followin g : — ■^{1.) Matters relating to criminal proceedings. [ (2. ) Habeas Corpus. (3.) Appeals, and applications in the nature of appeals (4. ) Inquiries respecting lunatics, without commis- sion (5.) Petitions for advice under the "Consolidated Acts, 1888," chapter 115, section 28. (6. ) Applications as to the custody of and access to infants. (7.) Applications as to leases and sales of settled estates ; to enable minora, with the approbation of the Court, to make binding suttlcments of their real and personal estate on marriage ; and in regard to questions sul)mitted for the opinion of the Court in the form of special cases on the part of such persons as may by themselves, thuir coniniittei-3 or guardians, or otherwise, concur therein. (8. ) Opposed applications for administration orders. (9. ) Opposed applications respecting the guardian- ship of the person and property of infants. (10.) Aiiplications for prohibition or man