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Les diagrammes suivants illustrent la mdthode. rrata :o pelure, fid I D 32X 1 2 3 1 2 3 4 5 6 Forms and Precedents OF PRACTICE i-1 i IN PROCEEDINGS UNDER The Ri IKS ok Practice and Procedure of the Supreme Court ok Judicature for Ontario, the Surrogate Court Rui.es, the Statutes of Ontario and THE Statutes of the Dominion of Canad^. COMPILED, COLLECTED, REVISED AND ARRANGED BY EDWIN BELL, LL.B., OF OSGOODE HALL, BARRISTER-AT-LAW, HERBERT LANGELL DUNN, B.A., OF OSGOODE HALL, BARRISTER-AT-1,AW, ONE OF THE EXAMINERS OF THE LAW SOCIETY OF UPPER CANADA. TORONTO : THE CANADA LAW JOURNAL COMPANY. 1898. h^jl-'fl EiiliMi'il atiordin^- lo Act of I lit' Parli.iiiu-iil »>t' Canaila, in tin- yi-ar Olio Tlunisaiui Kinlii llumlivil ami .\iniM\ -i-ij^fht, by I'.dvvin Bkli. ami Mkuhkri I.anc.ki.i. I">i nn, at tin- Di'iiarlnuMii ol Aiiiii'iilt'iri'. Kr S53t I'KINTKI' in K. (i. Ml I.KAN. Law I'KINTKK, TUKIINTO. PREFACE. TIIIC preparation of this \iiliimc has hoon iiiKlertakcn t'oi the purpose o( supplyinij' a want which lias been tell hv the profession tor many years. \o hook ol a similar chaiiuter has appeared since Leifi^o's Chancery Forms, puhiisheil in iH-u and conllned, as the title indi- cates, to the practice of the old Court of Chancery. The chaiif^es in the statute law and in the constitution of the Courts and Rules of Practice durinir the past twenty years appear to call for a hook of forms suited to the present needs of the practitioner. It is impossible to include in a volume of convenient size all the forms reciuired in the Courts ; but the Kditors have endeavoured to make such a selection as will be most i^enerally useful. For the sake of complete- ness all the forms contained in the appendix to the Rules of Practice have, af.er careful revision, been included. In the index will be found references to the titles of the forms as well as to their subject matter ; i,n-eat care has been taken to make the index as complete as possible. rt' Table of Contents. Ai'i'oimts, Ailvoitisoiiu'n'.s, Affidavits, Appearance to Warning. Appoinlmonts, Attornment to Receiver, Rill of Costs on Ijuashinjc Conviction, Konds, Caution, Caveat, Certiticates, Claim under tjuietinjj Titles Act, Commission to Kx.-imine Witnesses, Conditions of S.ile, . • Consents, Conveyance by Hij{ti Court. Demands, Directions, Disclaimers, Election of Ciuardian by Minors, Exemplifications. Issues, Judfjments, Letters, Motion I'apers, . . Notices, Notices of Motion, Objections and Defences under Dr.-iina Objections to Taxation, Orders, Particulars, K^' Act, IV\(.K. I 8 Kl I of) I I J 1 1.1 Id I l6i lb() .67 170 '7' '72 '72 "74 '74 .76 178 -'-'.) -'.'.S 27b 30K 30^) .?'o 400 VIII TAIU.K Ol- lONTI-NTS. ri-litioiis, •« <• l'U'adiil^>, I'r.i'cipes, Ri'.isoHs for Appt-al, Ri'asi)n> against Appoal, Kerojfiii/.aiii'i's .• Ki'nuiu-iations, .. Ri'porls, KesiTVi'd taso tmilfr Criminal Coilo Uu:«- Nisi, .. Satisfaction i'ii-ro Special Caso, Tender to Purchasf Lands, Warning to Cavi-at, Warrants, Writs, V\(,K. 410 4.17 5-,l .S4" S4-' 54,1 544 544 545 54ft 54') 1. Forms of Practice. ACCOUNTS. Aeeount— General Form. (.Style of Cause or Matter). No. Reckipts. Date. From Whom Received. {On what Account Reci'ived. Amount. Remarks. Disbursements. No. Date. To Whom Paid or Allowed. On what Acc^x nt Paid or Allowed. Amount. $ c. Remarks. Note. — The account should be written on a double sheet, the receipts being entered on the Uft side and the disbursements on the right side. i 2. AICOINTS. Account by Executor or Administrator Of Personal /is/atc. {Court and S/ylc of Cause). This account marked "A" was produced and shown lo \. \'. {or as may /»') ami is the account referred to in his attidavit sworn before nie this day of , i8— . (Sigfiatiirc of the Commissioner or Officer he/ore u-ltom the a(liitarit is sworn.) Rkckipts. Xo. of Item. 5 6 Dale wiien Received. I Nimes of Persons ' from whom Received. On what Account Received. Amount Received. A. n. c. n. Found in house. . . Balance at Banker's. i I Half-year's diviilend' of Ij.ooo. $0 per' I cent stock. . . .j E. F. . . . .' Half-year's rent ofj freehold, due i iS- ' G. II. J. K. Debt of $300 and in- terest from — to — .] Half-year's rent of leasehold house,! due I DiSBlRSKMKNTS. No. of Item. Date when Received. 189—. Names of Persons to whom Paid or Allowed. For what Purpose Paid or .Allowed. Amount Paid or Allowed. I 2 3 L. M N. .... P. Q Undertaker's bill for funeral . . . . Solicitor's bill for probate . . . . A debt due to him for medical attend- ance $ c. AlCOl'NTS. 8. Account by Executor of Legracies. "R" [Couff and Style of Cause. ) This account, marked " 15," was produced atid shown to X.V., and is the account referred to in his affidavit sworn before me this — -day of i8y— . {Sij:^natuie of the Commissionrr or OflUer before wliofii this affii/aiit is S7iu>r/i. ) Legacies left by the testator (Or, intestate.) 1. To his widow, H., all his household furniture {Foiioifiti}^ the words of the icill. ) 2. To his son, A. B., the sum of $ , payah'le {Following the words of the will. ) 3. To his daughters, K. F. and d., the sum of $ each, payable {Followin):; the words of the H'ill.) 4. To his son, E. 15., Lot No. , in the Township of- , in the County of , in fee {or as may Ih\ following:, the words of the icill.) 4 4. ACCOUNTS. Account by Executor or Administrator (;/ Rents and Pro/its. "C." {Court and S/yli' of Cause.) This account, marked "C," was produced and shown to X.Y., and is the account referred to in his affidavit, sworn before nie this — day of 189—. {Signature of the Commissioner or Officer before whom the ajfidavit is sworn.) Receipts. iOn what Account and -. r r» . u Names of Persons in respect of what A..„^.,.,t No. of Date when f,„,„ ,,.,,^,„ part of the Estate ,,^ '"^V" ' '. Item. Received. deceived. I Received and when , K'^'-^'^'^^ 189— A. B. Due. C. D. E. F. Half-year's rent for farm in Township of , due- — . . One quarter-year's rent of house at , due . Same as No. 1, due DiSHlRSEMENTS. Amount », f Date when Names of Persons t.'„.. ,.»,->■ p.. -n^ico No. of I, • 1 .. 1 II -J ' I' or what Purpose n„:.^ „,- ,, Paid or to whom Paid or 1 p^:j ,„. \ii,„v^H 1 aid 01 Item. A„ J v„ J 1 aid 01 Allowed. Allowed. Allowed. Allowed. G. H One year's insurance I against fire, due J. K. . L. M. . Repairs at A. B's farm Taxes — half-year due 18—, on C D's farm . Note.— For affidavit of Executors, ^'c, verifying accounts, see Affidavit, Form No. 62. -+ I ACI'OINTS. Account of Receiver. In IME Hlf.H COI'RI' OK JUSI'ICK. (.SVi'/c i>/ Cdusw.) 'I'he first account of A. l).,tlie receiver appointed in this cause l)y an order made in this cause, datetl tlie day of i8— , to receive the rents and profits of the real estate, and to collect and get in the outstanding personal estate ot C. 1)., the testator {Or, as the case nun /v) in this action named : from the day of iS , to the day of i8 . Rea I. lisT AT E — 1\ vx ki i'Ts . O E i ^1 '^ !- Tenants' Description of = o 2 i ii o Names. I'reniises. John Roe.;Farni in tiie i Count V of ! _ ' jGeo. Doe 'Shop in Town ; of 1 b« •T. •.J wTJ ■ X = - U j; ^ " *-' '- *- X — "' X s-U = i C 'J u s - \ .•A ^r-> ^\<^'A A -A>X lU>-^ i ADVERTISEMENTS. 8. Advertisement for Creditors of Deceased Person Given by the Court {Rule 701). JuinciAi- Notice to Creditors. Pursuant to a judj^ment \or an order] of the High Court of Justice, made in [the matter of the estate of A.U., and in] a cause S. against V. [short fit/e\ the creditors of A. li., late of , in the County of , who died in or about the month of , 18 , are, on or before the day ot , 18—, to send by post prepaid to E.F., of , the solicitor for the defendant CD., the executor [or administrator] of the deceased \or as may he directed^ their Christian and surnames, addresses and descriptions, the full particulars of their claims, a statement of their securities, and the nature of the securities (if any) held by them ; or in default thereof, they will be peremptorily excluded from the benefit of the said judgment [or order]. Every creditor holding any security is to produce the same l)efore me, at my Chambers, at , on the day of , 18—, at o'clock in the noon, being the time appointed for adjudication on the clamis. Dated this day of , 18—. G.B., Master. a Advertisement for Creditors of Insolvent By Assignee, under R.S.O. iSgy, c/iap. 14J, sec. ly. Notice to Creditors. In the matter of -, of the of -, in the County of -, Grocer, Insolvent. Notice is hereby given that the said business as a grocer at the said of -, carryuig on , has made an assignment under R.S.O. 1897, chapter 147, of all his estate, credits and effects, to , of the of , in the County of , for the general benefit of his creditors. ^ \ ^ ii\ lO 'A- ADVERTISKMKNTS. A meeting of creditors will he held at the Office of the said Assignee, in the of , on , the day of -, 18—, at the hour of o'clock in the forenoon, to ^^i<^ receive a statement of affairs, appoint inspectors,^and for the ordering of the affairs of the estate generally. Creditors are reijuested to file their claims with the Assignee, with proofs and ax«*>^< particulars as required by the said Act, on or befoie the day of ^ , r ,,^ such meeting. ^-^>"fJM And notice is further given that after the day of i^—., the Assignee will proceed to distribute the assets of the estate amongst the parties entitled thereto, having regard only to the claims of which notice shall then have been given, and that he will not be liable for the assets or any part thereof so distributed, to any person or persons of whose claims he shall not then have had notice. Assignee. Dated at this Solicitors for the Assignee. day of -, 18- 10. Advertisement for Creditors of Insolvent Company Under Winding Up Act {Dominion). Company, JuDiciAi- Notice to the Creditors ok the — Pursuant to the winding up order made by the High Court of Justice, and dated the day of , 18—, in the matter of the Company and in the matter of the Winding Up Act and the Winding Up Amendment Act, 1889, the creditors of the above named company, and all others having claims against the said company having its head office in the City of , are on or before the day of , 18— , to send by post to the liquidator of the said company, at its office. Number Street, in the of , their Christian and surnames, addresses and descriptions, the full particulars of their claims, and the nature and amount of the securities (if any) held by them, and ADVERTISEMENTS. II the specified values of such securities verified l)y oath or in default thereof they will i)e peremptorily excluded from the benefits of the said winding up order. 'I'he day of , iS— ,at o'clock in the forenoon, at the Chambers of the Master in Ordinary (. 5^, see. jp). NoTicK OK Application In the SuRROdATK CorKi', County ok , In the restate of , deceased. Notice is hereby given tliat after pul)lication of this notice in three successive issues of y/te Ontario Gazette, CD., of the of , in the County of , will make ai)i)Ucation to the Surrogate Court of the County of for letters of administration of tlie estate of , late of the of , in the County of , in the State of California, but formerly of the Township of , in the said County of , yeoman, deceased, who died at the said of , on the day of , A.I). 18—, intestate, having no fi.xed place of abode in the Province of Ontario at the time of his death, but leaving property to be administered within the said County of , in the said Province. Dated the day of , 18—. A.B., Solicitor for the said CD., Number Street, Toronto. 18. Advertisement— Notice of Application for Probate Where Testator resided out of. Ontario {Surrogate Courts Act, R.S.O. iSgy, chap, jp, sec. jg). Notice ok Application In thk Surroc.ate Court, County ok . Notice is hereby given that after the publication hereof in three successive issues of The Ontario Gazette, and , of the Village of , in the State of New York, executors of 1 i6 ADVERTISEMENTS. the last will and testament of , late of the same place, deceased, will apply to the Surrogate Court of the County of for probate in Ontario of the will of said deceased, who died on or ahout the ■ — day of , iS— , at afore- said, having at the time of his death no fixed place of abode in Ontario, but leaving property in the County of to be administered. Dated the day of Solicitors for the Applicants. -, 18— 17. Advertisement Notice of Application for Letters of Guardianship. Act respecting Infants, R.S.O. iSgr, c/nip. i6S, sec. 12. Notice ok Ai'im.ication In the Surrogate Couri ok the County ok In the matter of the Guardianship of A.H , the infant child ol D.li. of the Village of , County of , Labourer, l>eceased. Notice is hereby given that after the expiration of twenty days from the first puV>lication of this notice, application will be made to the Surrogate Court of the County of , for a grant of letters of guardianship of the above named infant to A.T., of the City of , and E.T., of the said Village of , builder, the aunt and uncle respectively of the said infant. Dated the day of Solicitors for the Applicants. - 189 -. ■I f 3 .\i)\ i:iM isi;mi.n r>. »7 18. Advertisement of Sale of Lands by the Court. IriiK I \i. ^Al I. Ill i'KOI'I'.U is in I III'. II OWN (IK I'liisiiaiu to ;in order of the 1 1 i;li < '"urt o| liislicc. iiiaclc m the action of A. \l v. (!.!)., there wil olTcred for Sali'. with the approl)atioii of auctioneer, at tl o'clock in tlie the \.(na\ Master at •y le lotel. Ill the noon, I'll own ol dav, the at (lav o l8g All and singular that certain |)arrel or tract of land and premises, situate, lyini^, and heinj^ in the 1 own ot aiK 1(U scrioed as lollows (/Aw ,/rSi >i/>r laiiih). acres, The lands lie [Jcsirihf .ni tos^cther. To e,J(-/i dcpoucfit: Is that your handwriting? To both or all: Vou do severally swear that the contents of this your affidavit, subscribed by you, are true -So help you (lod. Sworn, tS:c. I A. F> 25. Affidavit Oath and Jurat. Where Commissio)ier Reads Affidavit to Blind Deponent. To the deponent : You do swear that the contents of this your affidavit are true— So help you God. Sworn by the deponent A. !>. at (state rchere and 7C'hen) before me; I having first truly, distinctly A.B. and audibly read over to him the contents of this affidavit. (// any exhibits are re/erred to in the affidavit, add : and explained to him the nature and effect of the exhil)its therein referred to) ; he being blind ; and he appeared to understand the same. or his A. X 15. mark. X. Y., A Commissioner, «.\:c. 22 AFFIDAVITS. 26. Affidavit— Oath and Jurat. JV/icn' Witness Reads Affidavit to Blind Deponent. To the witness : Is that your name and handwriting? You do swear that you have truly, distinctly and audibly read over the contents of this affidavit to the deponent A. B. {If any exhilnts are referred to in the affidavit, add : and explained to him the nature and effect of the exhibits therein referred to) ; and that he appeared to understand the same, and signed his name {or made his mark) to this affidavit in your presence— So help you (^lod. To the blind man : You do swear that the contents of this your affidavit are true— So help you (lod. Sworn before me by the deponent A. B. at {state where and when)(Z.\}. the witness to the signature {or mark) of the deponent A. 15., having been first sworn that he had truly, distinctly and audibly read over the contents of this affidavit to the deponent A.B. {If any exhibits are referred to in the affidavit, add : and explained to him the nature and effect of the exhibits therein referred to) ; he being blind ; and that the deponent A.B. appeared to understand the same, and signed his name {or made his mark) to this affidavit in the presence of the deponent C.I). A.B. or his A. XB. mark. Witness to the Sig- nature {or mark) of the deponent A.B. C.I). oi (Residence and addition.) % % AKIMDAVITS. 23 27. Affidavit by Creditor for Administration of Estate of Deceased Person. In the Hic.H Court or Justice. In the matter of the Estate of C. D., deceased, l?et\veer A. B., Plaintiff, and E. F., Defendant. I, A. B., of etc., the above named plaintiff make oath and say as follows : — 1. That the above named C. D., was in his lifetmie, and his estate still is justly and truly indebted to me in the sum of $ , for goods sold and delivered by me as a merchant, to the order and for the use of the said CD. in his lifetime and at his request (or as the case may he). 2. That the particulars of the charges or items composing the said sum of $ are set forth in the paper writing now produced and shown to me marked "A," and that the charges therein contained are fair and reasonable, and such as are customary in the trade of merchants. 3. And I speaking positively for myself and to the best of my knowledge and be..cf as to other persons say, that I have not, nor has nor have any person or persons by my order, or for my use received the said sum of $ , or any part thereof or any security for or on account of the said del)t. 4. That the said CD. died on or about the — day of -, in the year, etc , having by his will bearing date the day of , in the year, etc., devised the whole of his real estate unto the above named defendant, and thereby empowered him to sell such real estate and authorized him to give receipts for the rents and profits thereof, and for the produce of the sale ot such real estate, and he thereby appointed the said defendant executor of his said will, which was duly proved by him in the Surrogate Court of the County of , on the day of , in the year, etc., as I know from the perusal and inspection of a certified copy of the probate of such will. J Sworn &c. 5* 24 28. Aii-in.vvrrs. Affidavit for Administration Order Bv Lci^dtcc, Specific, Pecuniary of Rcxidiany. ( Formal Parts. ) 1. {State succinctly tlic nature of tlic bequest, as tlius:) The above-named A.I!., l)y his will dated tlie - - day of , i8— , bequeathed to me all his household furniture and effects ; {or, a legacy of $400, payable three months after his death; or, one-fifth of the residue of his personal estate and effects : or, an annuity of $80 during my life). 2. {J^rove that tite defendant is tlie proper person to he sued, as tiius:) The said A.B. died on or about the - day of , 18—, and probate of his will has been granted to the defendant CD. {or as may l>e). 3. {S/iow that tlic lequest has not been satisfied, as t/iuf:) The household furniture and effects beciueathed to me, as aforesaid, have not yet l)een delivered to me. Or, The legacy of $400 be(iueathed to me, as afoi -said, remains due to me from the said testator's estate. Or, The share of residue bequeathed to me, as aforesaid, has not been accounted for or paid to me. Or, I am now entitled to the said annuity of $80, beiiueathed to me as aforesaid ; but no provision to secure the due payment thereof has l)een made-'(r';- as may be). 4. {Sho7i' means of knoiv ledge). Sworn i.S:c. J 29. Affidavit for Administration Order By Next of Kin. {Formal Parts.) {State the death of the person whose estate is to be administered., and sho7v that the applicant is one of the next of kin, as thus.) I. The above-named A. B. died on or about the day •1 ^ A I" I" I DAVITS. 2S of , 18-, a bachelor, and int«'state ; and without leaving any father, mother, sister or brother hiu^ sr.viving. 2. 'I'he said A. 15. was the son of C.l'.., late (>f, ^c. The said C.r.. has had two children only, that is to say; (i) The said intestate A. 15., and (2) My father, V.W. 3. The said F. \'>. died on or about llie day of , 18- The said I'M'., had three children only, that is to say. (i) My brother, the defendant, E. H. ; (2) My sister, M.l!., now the wife of W.H., of, .\:c. : and (3) Me, the dei)onent. 4. As a child of the intestate's said brother, VA^., I claim to be one of the next of kin of the said intestate A. 15., and, as such, to be entitled to a distributive share of his personal estate. Such share has not been paid or accounted for to me. {S//07C that tin- dcfciuiant is the proper penoti to l>e made defcfidaiit, as thus:) 5. I.etters of administration of the personal estate of the said A.H. have been granted to the defendant, E.15. {or as may he). Sworn &c. J 30. Affidavit Proving- Advertising- and Bill-Posting". {Formal Parts.) 1. That in pursuance of the direction of the Master in Ordinary of this Court {or of the Local Master of the Supreme Court of 1 udicature at , ) who settled the advertisement and particulars "and conditions of sale for the sale of the lands mentioned or re- ferred to in the judgment made in this action, I caused such adver- tisement to be published in the {fiamitig the newspaper or news- papers) once in each week for the four weeks immediately preced- ing the said sale {or as the ease may b''). 2. That in pursuance of the said direcdon I caused bills of the said sale to be published in different parts of the Township (Town or City of ) and the adjacent country or villages {or as the case may he). 3. That 25 of the said l)ills or posters were published and dis- tributed for four weeks immediately preceding the said sale in a6 AFFIDAVITS. ^|1: taverns adjacent to the said land, and 50 others of the said bills or posters were published and posted in conspicuous public places in different parts of the said Township (Town or City) of ., and the adjacent country and villages {or as the case may be) and that 25 others of the said bills or posters were distributed to the auctioneer and the solicitors of the various parties interested in this action. Sworn «.*v:c. I 31. Affidavit Verifying- Advertisement of Sale. {For vial Farts.) 1. That I am well ac([uainted with Lot No. in the - in the County ol Concession of the 'lownship of being the premises ordered to be sold in this action. 2. That the said lot consists of two hundred acres of land, of which one hundred acres are cleared and the remainder well timbered with beech and maple. The land cleared is of a light loam in a good state of cultivation {give full particulars as to character of soil., &^c.) 3. The said lot is situate about seventeen miles from the Town of , and there is ready access, by good roads, to the said town, which offers a good market for the sale of produce. 4. The said lot in addition to being well timbered is also well watered, and has erected thereon farm buildings consisting of (fully describe thevi, saying whether of brick or wood, and how long erected. ) There is a good orchard consisting of acres of land, well stocked with excellent fruit trees. 6. The lot is well fenced. 7. There is a prior mortgage on the property {if s^^) for the sum of dollars, payable to {state particulars). 8. The lot is now in the occupation of {state particulars of tenancy). Sworn, &c. !- I ■ i AFFIDAVITS. 27 J^ 32, Affidavit -Motion for Interim Alimony. {Formal Farts.) 1. I am the plaintiff in this cause. 2. On the — day of , 18 -, I was married to the defendant, X.Y., according to the rites and ceremonies of the Church of Rome at Saint Paul's Church, in the Town of , by CD., a priest of the said Church, or by A. 11, minister of the Society, duly authorized by law as I verily believe to cele- brate matrimony {or as the case may be. ) 3. The paper now produced to me and marked with the letter " A " is a certificate of my said marriage. "I Sworn, endent on and belonging to the said United Kingdom, and that I will defend her to the utmost of my power against all traitorous consi)iracies and attemi)ls whatever whith shall be made against Her Person, Crown and Dignity ; and that I will do my utmost endeavor to disclose and make known to Her Majesty, Her Heirs and Successors, all treasons and traitorous conspiracies and attempts which I shall know to be against her, or any of them ; and all this 1 do swear without any ecpiivocation, mental evasion, or secret reservation. So help me (iod. Taken and subscribed be- fore me at in the County of day of i8-. this A. B. 1. 1'., County of ( Or as the case may be. ) I 34 Affidavit for Order of Arrest riuicr R.S.O., /(S'97, C/uip. So. i|! In 'I'nii Hic.H Court ok Justick. Between A.B., Plaintiff, and CI)., Defendant. I, A.B., of , etc., make oath and say : — 1. The above named defendant is indebted to me this deponent, in the sum of $ , being the amount due, ^ic, {sci out the particulars of the debtor dai/iai^es as the case 7nay be). 2. {Set out the facts and circumstances that go to show that the Al IIPAVITS. 29 defctuiaut is about to quit Ontario icit/i intnit to drfrauJ hts CI editors i^nicra/ly or llw ptaintilfiu particular. ) ■\. There is good and prol)al)le cause lor helitvinL; and I verily bdi'eve that the defendant, unless he he forthwith apprehended, is about to quit Ontario with intent to defraud his creditors generally or me this deponent in i)arlicular of the moneys so justly due to me as aforesaid. Sworn, )7, ('//a/^trr /./-, S,r. S. In the matter of the .Act respecting .Assignments and Preferences by Insolvent Persons, R.S.O., iS(;7, chap. 147. And in the matter of .\.l!. of the of , Tailor, Insolvent. I, CD., of the of- - Accountant, make oath and say : I. The said -\.i'). on the of in the County in the County of day of 18 , made an assignment for the benefit of his creditors under the said .\ct to E.l'"., Sheriff of the County of , which said assignment was registered in the office of the Clerk of the County Court of tlie County of on the day of ^ , 18 . 2. I am a resident of the said County of , and I was duly appointed Assignee of the Instate of the aliove named A. B. in sub- stitution for the said E. F. by an Order of the judge of the County Court of the County of (or a Judge of the High Court of justice, as the ease may In-) dated the day of , 18 -, \or by a resolution of a majority in number and value of the creditors of the said A.H. duly passed at a meeting of the said creditors held at on the day of , 18-.) Sworn, ^:o. i 30 36. AIM-IDAVITS. Affidavit proving* Claim under Assig-nments Act. In the matter of an Act respecting Assign- ments and Preferences l)y Insolvent Per- sons, R.S.O. 1S97, chapter 147. And in the matter of A. li. (tiii»iiuf: the debtor) of the of , in the County of , Merchant, Insolvent. I, CD., of the , of , in the County of , Manufacturer, make oath and say : — 1. 1 am the claimant herein {or \\\q agent for the said CD., and have a full knowledge of these matters herein deposed to). 2. The said A.li. and his estate is justly and truly indebted to me {or the said CD.) in the sum of dollars, as shown by the statement of account hereto annexed. 3. I hold {or the said CD. holds) no security for the said indebtedness or any part thereof, except as follows: {Set forth particulars of the security, if am.) 1 J Sworn, &c. 37. Affidavit of Plaintiff for Order of Attachment Of Goods of Absconding Debtor under R.S.O. iSfj-j. chap. 79. In the Hi(;h Court of Justice. Between A.?.., Plaintiff, and CD., Defendant. I, A.B., of the of , in the County of — , {addition or occupation,) make oath and say : — 1. I am the above-named plaintifl. 2, The al)0ve- named defendant is indebted to me, this deponent, in the sum of $ -, being the amount due on a certain promissory note made by him for $ , dated the^ V\ AFFinAvns. 3' (Jay of , i» -, ami i>ayal)lo throe inotUhs after date thereof, with interest at , per aniuim (I'f the said G.H. before me t jt t at the of in the Countv of this duyof- 18—. G.H. A Commissioner, iVc. 32 39. AKF I DAVITS. Affidavit of Fitness of Auctioneer. Am/ (IS to IVihC (iinl Da/c of Side. {I'oniiii/ /'arts.) 1. That 1 am well arciuaiiiti'd witli A.li., of the , in tliL' County of •, auctioneer. 2. That the said A.l^. has resided in the said of - of Ijcini; the i)!ace where the lands and i)remises in (luestion in this cause are (hrected to l)e sold, during the space of years last pasc, during which period he has carried on the business of an auctioneer and land agent generally. V That the said .A. 15. is of good repute for integrity and skill ui his said business, and is willing to undertake the management and conduct of the sale of the said lands and premises, and is to the best of my judgment and belief in all respects a fit and proper person to be entrusted and employed in the sale thereof. 4. That the - Motel in thj Town of - , is the place where auction sales of land are most usually held in the said town, and I believe it is the best and most convenient place in which to offer the lands in ipiestion for sale ; and 1 further say that da^■ is the most usual day of the week for holding such sales in tl.^ ..aid town. Sworn, ivc. ,- X II 40. Affidavit of Auctioneer as to Result of Sale. Ix THE Hic.H Court ok Justick. Between A.!'.., Plaintiff, and CD., Defendant. I^p-^.F.^ of -, in the County of , the aucdoneer appointed by the Master of the Supreme Court of Judicature at AFFIDAVITS. 33 3 , to sell the lands and i)remises comjjrised in the particulars hereinafter referred to, make oath and say as follows : — 1. 1 did, according to the appointment of the said Master, at the time and place, in the lots and subject to the conditions specified in the particulars and conditions of sale hereunto annexed, marked res[)ectively A. B.C., etc., offer for sale by public auction the lands and premises described in the said particulars and the results of such sales are as appear from the several signed contracts appearing at the end of the said conditions of sale, marked respectively 15.(!., etc. 2. The sums set forth in the said several contracts are the highest sums bid for the respective lots therein respectively mentioned, and of , and of , being the persons whose names are respectively subscribed to the said several contracts, were respectively declared by me to be the hit^hest bidders for and i)ecame the purchasers of the lots respec- tively mentioned in the said several contracts, at the prices or sums of $ and $ respectively, being the prices or sums in the said several contracts respectively mentioned. 3. The several lots numbered respectively 1, 2, etc., in thi said particulars were not sold, no [)erson having bid a sum higher than or equal to the reserved biddings fi.xed for the same respectively by the said Master. The highest sums bid for such last- mentioned lots were those appearing opposite the numbers of such lots respectively in the second column of the [)aper now shown to me marked E. 4. No person bid any sum whatever for the lots numbered 4 and 5, respectively, in the said particulars. 5. 'J|he said sale was conducted by me in a fair, open and proper manner, and according to the best of my skill and judgment. Sworn, tJtc. 1 34 AFFIDAVITS. 41. Affidavit Verifying- Certificate of Bank Managrer. I {Title of Court and Short Style of Cause.) _^ of ; in the County of , Clerk, make oath of and say as follows : I. I was present and did see the above certificate, on the day of the name " " is of his proper handwriting. 2. The said aforesaid. — is the Manager of the -, Esquire, sign i8— , and that Bank at ", thereto subscribed as the party wit- 3. The name " — nessing the same, is of my proper handwriting Sworn, id sum of $ , or any part thereof, or any security or sntisfrctio.i whatsoever therefor {or as the case i/tav /'<•). \ J SAorn, iS:c. 47. Affidavit Proving" Claim in Master's Office On (I Jndf^moit. {Form il Parts.) 1. A. 15., the testator {or intestate), nam^d in the judgment dated the day of , 18—, in this action {or matter), was at the time of his death, and his estate still is, justly and truly indebted to me in the sum of $ for princi[)al money, and interest thereon at the rate of six per cent, per annum, from the day of , 18—, upon and by virtue of a judgment recovered by me against the said A. B. in the High Court of Justice and duly signed in the Office of the F.ocal Registrar of the said Court at {or as the ease may he), on the • day of , 18 — , for the sums of $ debt and $ costs 2. The said judgment now remains in full force and virtue. 3. And I, speaking positively for myself, and to the best of my knowledge and belief as to other persons, lastly say that I have not, nor hath nor have any other person or persons by my order, or for my use, received the said sum of $ and interest or any part thereof respectively, or any security or satis- faction whatsoever therefor, save and exce[)t the said judgment {or as may he). Sworn, iVc. '• ,^ AKFIDAVITS. 39 48. "I 1 Affidavit Proving- Claim in Master's Office On Mortii;(igc (ind Covcmtnf to Pay. (Foniiii! J'itrts.) I. By an Indenture dated the day of i8 now produced and shown to me, and marked "A," and made between A. 15. the Testator {or Intestate) in the judgment {or order) dated the day of i8 — in this action {or matter) named, of the one part, and myself of he other part, the said A. H. granted and conveyed Lot No. One in the First Concession of the Township of , in the County of , with the appurten- ances, unto and to the use of me, my heirs and assigns ; subject to a proviso for redemption tiicrcof in case the said A.H. his heirs, executors, or administrators sliould on the day of i8 — , pay to me, my executors, administrators, or assigns, the sum of $5,000, with interest thereon in the meantime at the rate of six per cent, per annum ; and the said A. 15. for himself, his heirs, executors and administrators, thereby covenanted with me to pay me the said sum of $5,000, with interest as aforesaid, according to the said proviso. The said mortgage was given to secure the sum of $5,000 cash which was actually lent and ad- vanced by me to the said A.H. at the date thereof {or as the case may be). '2. On the day of 18 — , the .said A.B. paid to me the sum of $1,000 on account of the said mortgage. 3. The said A. B., was at the time of his death, and his estate still is, justly and truly indebted to me in the sum of $4,000, resi- due of the said $5,000, with interest on the said $4,000, at the rate aforesaid, from the day of i8~-, upon and by virtue of the said indenture. 4. And I, speaking positively for myself, and to the best of my knowledge and belief as to other persons, say that I have not nor hath, nor have, any other persons by my order or for my use re- ceived the said sum of $ and interests, or any part thereof, respectively or any security or satisfaction whatsoever therefor save and except the said mortgage {or as the case may he. ) 5. I further say that I am not now, and never have been since 40 AFIMDAVrrS. the date of the said mortgage, nor hath nor have any person or persons, by my order or to my knowledge or belief for my use, been in the occupation of the said mortgaged premises, or of any part thereof, or in receipt of the rents, issues or profits of the same or any part thereof. Sworn, i*v:c. > 49. Affidavit Proving" Claim in Master's Office Claim due to an Estate. ( Court and style of cause or matter. ) I, CD., o{ {residence and addition) the executor of the will {or administrator of the personal estate) of E. F. late oi {residence and addition) who died on the day of i8 — , acting under probate of such will {or letters of administration of such estate) granted to me on the day of i8— , make oath, and say as follows : I. {State in numbered paragraphs the nature and existence of the debt. ) 3. And I, speaking positively for myself, and to the best of my knowledge and belief as to other persons, lastly say, that thesaid E. F. did not in his lifetime receive, and I have not, nor have nor hath any other person or persons by the order of the said F>.F. or of my- self, or for his or my use, received the said sum of $ — or any security or satisfaction whatsoever therefor {or as the case may be). Sworn, &c. AFFIDAVITS. 4^ 60. Affidavit Verifying- Consent of Proposed Trustees. The signatures {Forniiil Ptirts.) " and " ■" respectively set and subscriloed to the paper writing now produced and shown to me and marked " A," purporting to be the consent, dated the ■ day of , i8— , of E. F. and G.H. to accept the office of trustees of the will of A.B. {or as may be) are of the respective proper handwriting of the said E.F. and G.H., in such paper writing respectively named and described ; as I know from having seen them respectively sign the said paper writing. Sworn, t&c. \ 51. Affidavit for Order for Commission To Examine J]'itiivsscs out of the Jitn'sdicti'on. {Formal Parts. ) 1. This action is brought for {state shortlv the nature of the action) and is now at issue, and I am desirous of proceeding therein. 2. The several witnesses following, namely, A.B., CD., etc., are, as I believe and am advised by my solicitor, material and necessary witnesses for me in this action, and without their testimony I can- not safely proceed to the trial of this action. The said witnesses can prove the following facts {here set forth shortly the facts ivhich they can depose to.) 3. The said A. H., CD., etc., now reside at , out of the jurisdiction of this court. 4. I have a good cause of action, or a good defence, on the merits herein, and this application is made in good faith and not for the purpose of delaying or prejudicing the trial of this action, or for any other improper purpose whatsoever. Sworn, &c. J- 42 62. AFFIDAVITS. Affidavit for Order to Commit Brcai'li of Injunction. {Foimul pKits.) I. liy the judgment {or order) herein dated the dayot , i8 — , it was ordered that the above named defendant CD. should {here set forth the nuxudatorx part of ihe Jtai^nicnt or order direetin}:; the doing or alistaining from the acts in s set oppo- site to his or her name, in the sixth column of the said Schedule. 7. That I paid to each of the said several Witnesses, for his or her loss ot time, trouble and expense, in going to, remaining at, and returning from the said place of trial, the sum set o[)posile to his or her name, in the seventh column of the said Schedule. 8. That the said {name 0/ professional witnrss, if any) wis Subpoenaed, and called upon to give evidence in this cause, in consecpience of professional services rendered by him. 9. That 1 paid the following fees to counsel : TO. That 1 was a necessary and material Witness on my own behalf in this cause, and upon advice of my Solicitor in this cause I did attend at the said time and place as such Witness, when the said cause was so disposed of, and I did not so attend for the pur- pose of superintending the trial, i)ut solely as such WitPLSs, and I should not have so attended if I had not been required as such Witness. II. That I reside at aforesaid, — ■ miles from the said place of trial, and in going to and returning from the said place of trial I necessarily travelled a distance of miles, and in going to, staying at, and returning from the said place of trial I was necessarily absent from my said residence days. 44 AI'IIOAVITS. Sworn, iVc, 12. That I necessarily paid lor njy expenses of travelling and staying at the said place of trial, the sum of $ — '3. That I did not attetul at the said Court as a Witness in any other cause. ) / SCHEDULK. Number of miles nooess- arily tra- vpllod in j^tiinjr to and ri'- turninjf from I 2 Names of Witiu'sses. Re.sideiici* :i ■J Number Where 1 of miles Sub- from IHvn- i place ol aed. Trial. ti 7 Number Amoimt of days paid to K'oiiiK-to, Wil- staviiifj nesst's a( and t'or loss return- of time, ing from &e. 54. Afndavit of Disbursements. Maps or Plans, {Rule 1174.) {Formal Parts.) 1. I am the above-named plaintiff {or solicitor for the above- named plaintiff). 2. In preparing for t! c trial of this action, I procured to be made for the purposes of the said trial the plan now shown to me, and marked exhibit " A,'" to this my affidavit. 3. The said plan was prepared by , Civil Engineer, and the said plan was necessary for the purposes of the said trial, and was used thereat. 4. I paid to the said the sum of $ for preparing the said plan. Sworn, &c. \ 55. AFHIJAVnS. Aflidavit of Relator 45 on tnotion to set asiiU' Miiiiicifx.il Elution uiuh'r Miiin'iipal Act, , sec. Jl() Ct SC(/. In IKK Illiill COURI OK JtSlK K (('/•, In IIIK Cot'MV CoL K I OK THE County ok {as the case may />r). The Queen upon the Relation of AH. ajjainst C. I ). I, A. IJ., of the of - , ill the County of , (orrii/'atiof/,) make oath and say ; 1. I am tlic relator al)ove-iiamed ; and my name, occupation, place of residence, and the interest wliich I have in the election referred to in the notice of motion, now produced and shown to me, and marked exhibit " A " to this my affidavit, are truly set forth in the said notice of motion. 2. I believe the several grounds which are set forth in the said notice of moti(3n against the validity of the election therein mentioned are well founded. Sworn, ivc. 56. Aflidavit Verifying- Ontario Election Petition. In the Court ok Ai'I'Eai, kor Ontario. The Ontario Controverted Klections Act. Election for the Electoral District of , holden the day of , ..? -, and the ~ — — day of , i8— . Province of Ontario. | To wit : I IJetween A.B., Petitioner, and C.n., Respondent. I, A.B., of the of , in the County of • {additioti or occupation), make oath and say : 1. I am the petitioner above-named. 2. The election petition hereto annexed is presented in good 46 AFFIDAVITS. faitli, and I have reason to believe, and verily do believe, that the statements contained in the said petition are true in substance and in fact. 1 / Sworn, (!v:c. 57. Affidavit for Order to Examine De Bene Esse Witticss Who is A^^ai, III or About to Lcai'c the Province. {Rule 485.) {Formal Parts.) I, A.I)., of iSic, make oath and say as follows : — 1. I am the above-named [ilaintiff. 2. {.Set forth the state of the actioti, that it is at issue, that notice of trial has been served, or as the case may be. ) 3. C.I), of (!s:c., is a necessary and material witness on my behalf in this action, and I am advised by my solicitor herein and I verily believe that I cannot safely proceed to the trial of this action without the evidence of the said CD. 4. The evidence which the said C.I), will be able to give on my behalf is in substance as follows ; {Here set forth concisely the material facts which witness can depose to. ) 5. The said C. I), is over years of age, and is in a very weak condition of health, and there is great danger that the said C.I) will die before the trial of this action {or as the case may be); {or the said C. I ). is dangerously ill with , and is not expected to recover as I am informed t)y , and verily believe ; or the said C.I), is about to leave the Province of Ontario as I am informed by , and verily believe ;) and the attendance of the said C D. at the trial of this action cannot be procured for the reason aforesaid. 6. T have a good cause of action on the merits herein, and this application is made in good faith and not for the purpose of delay- ing or prejudicing the trial of this action or for any other improper purpose whatsoever. 1 Note.— If the tvitness sought to be examined is ill, an affidavit of the attendant Physician should also be filed. Sworn, &c. AFFIDAVITS. 47 58. Affidavit of Execution Of Submission to Arbitration. I. On the {Fornwl Parts.) day of , i8- I saw A.B. and CD. the parties to the paper writing dated the day of , i8 — , now produced and shown to me, and marked "A," and purporting to i)e a submission of certain matters to arl)itration, duly sign, seal and as their respective acts and deeds deliver, {or if not under seal say : duly sign) the said exhibited document. 2. The names or signatures " " and " " respect- ively set and sul)scribed to the said paper writing are of the proper handwriting of the said A.]}, and (Z.\). respectively. 3. The name or signature of " " set and subscribed to the attestation of the signatures of the said A. H. and CD. endorsed on {or written under) the said paper writing, is of my proper handwriting. Sworn, &c. 1 59 Affidavit of Execution Of Bond or other instrument. Ontario, County of - To wit : I -, of the of -, in the }- County of - {addition or occupation)., \ make oath and say as follows 1. I was personally present and did see the within {or annexed) instrument duly signed, scaled and executed by CD. and E.F., two of tlie parties thereto. 2. Tiie said instrument was so executed at . 3. I know the said parties. 4. I am a subscribing witness to the said instrument. 1 / Sworn, &c. 48 60. AFFIDAVITS. Affidavit of Execution of Recognisance. In the High Court ok Justice. {Style of cause.) -, of the of , in the County of I,— {addition or occupation), make oath and say : — 1. That I was personally present and did see the within and annexed recognizance duly signed, sealed and executed by and , the parties thereto. 2. That the said recognizance was signed, sealed and executed at the of , in the County of . 3. That I know the said parties. 4. That I am a subscribing witness to such execution, and that the name " " set and subscribed as a witness thereto is of the proper handwriting of me this deponent. Sworn before me at the . of — County of day of -, in the — , this , 18-. \ \ A Commissioner, &:c. j Note. — /;/ practice a recognizance is usually signed by the parties to be bound by it and it is adrisaOu' that the practitioner should h iveit so signed, although strictly a recognizance does not require to be signed. 61. Affidavit of Executor or Administrator as to Claims [Rule /"oS.) In the Hic.h Court ok Justice. Between A. 1]., Plaintiff, and CD., Defendant. We, A.B., of, &c., the above-named plaintiff [rv- defendant, or as may be\ the executor [or administrator], of CD , late of i0 AFFIDAVITS. 49 in the County of — , deceased, and E.F., of, Sec, solicitor, severally make oath, and say as follows : — I, the said E. F., [solicitor] for myself say as follows :— 1. I have, in the paper writing now produced and shown to me, and marked "A," set forth a list of all the claims the particulars of which have been sent in to me by persons claiming to be creditors of the said C.I)., deceased, pursuant to the advertisement issued in that behalf, dated the day of , 18 — . And I, the said A. B., for myself, say as follows : — 2. I have examined the several claims mentioned in the paper writing now produced and shown to me, and marked " A," and I have compared the same with the books, accounts, and docu- ments of the said CD., [or as way be, and state any other inquiries or investigations niatic\ in order to ascertain as far as I am able, to which of such claims the estate of the said CD. is justly liable. 3. I'Vom such examination [and state any other reasons\ I am of opinion, and verily believe, that the estate of the said CD. is justly liable to the amounts set forth in the sixth column of the first part of the said paper writing marked " A "; and to the best of my knowledge and belief, such several amounts are justly due from the estate of the said CD., and proper to be allowed to the respective claimants named in the said schedule. I am of opinion that the estate of the said CD. is not justly liable to the claims set forth in the second part of the said paper writing marked "A," and the same ought not to be allowed without proof by the respective claimants, \or, I am not able to state whether the estate of the said CD. is justly liable to the claims set forth in the second part of the said paper writing marked "A,"' or whether such claims, or any parts thereof, are proper to be allowed without further evidence]. Sworn, &c. Exhibit referred to in the above Akkid.wit. {Short Title.) List of claims the particulars of which have been sent in to E. F., the solicitor of the plaintiff, \or, defendant, or as may be\ by persons clai ning to be creditors of C 13., deceased, pursuant to so AFFIDAVITi. the advertisement issued in thatl)ehalf, dated day of , i8 — . Tiiis paper writing, marked ''A," was produced and shown to and is the same as is referred to in his affidavit sworn before me this day of , i8 — . W.B., &c. First Part. — Claims proper to be allowed without further evi- dence. d 4; Name of Claimants. Addresses i Nature and of Descriptions Claim. Amount Claimed. Amount proper to be allowed. $ c. Second /'((^;-/. —Claims which ought to be proved by the Claimants. o t "u 4) Names of Claimants. Addresses and Description. Nature of Claim. Amount Claimed. $ c. AFFIDAVITS. 51 62. Affidavit by Joint Executors and Trustees Verifying their acconnis and amnvering usual enquiries as to real and personal estate. ( Court and style of cause.) We, A.B., oi {residence and addition), CD., of >cc., and E.F., of (Iv:c., the above-named defendants {or as may be), severally make oath and say as follows : 1. We have according to the best of our knowledge, informa- tion and belief, set forth in the first Schedule hereunder written, a full, true and particular account and inventory of the personal estate of or to which G.H., the testator {or intestate) named or referred to in the judgment {or order) herein dated the — day of , 18—, who died on the day of , 18—, was possessed or entitled at the time of his death {if the judgment or order directs only an account of personal estate not specifically bequeathed, add :) and not by him specifically bequeathed. 2. Save what is set forth in the said first Schedule {if so ;) and what is by the said testator specifically bequeathed, the said testa- tor {or intestate) was not, to the best of our knowledge, informa- tion and belief, at the time of his death possessed of, or entitled to, any debt or sum of money due to him from us {or any) or either of us, on any account whatsoever, or to any leasehold, or other personal estate, goods, chattels or effects, in possession or reversion, absolutely or contingently, or otherwise howsoever. 5. The debts of the said testator {or intestate) are those set forth in our affidavit made herein and filed on the day of , 18- . 4. The testator's {or intestate's) funeral expenses have been paid; and the same consist of the items of disbursement numbered and in the account marked " A," hereinafter referred to {or, if not paid, state the amount due, and to whom due ; as thus : the said testator's funeral expenses amount to $ — and the same remain due to J.S., of N., in the (county) of M., under- taker.) 5. We have in the account marked " A, " now produced and shown to us, according to the best of our knowledge, information Sa AFFIDAVITS. and l)clief, set forth a full, true and particular account of the personal estate of the said testator {or intestate), (// so ;) not by him specifically bequeathed, which has come to our hands, or to the hands of (any or) either of us, or to the hands of any person or persons by our order {or by the order (of any) or either of us), or for our use or for the use (of any) or either of us ; with the times when, the names of the persons from whom, and on what account the same has been received ; and also a like account of the disl)ursement, allowances, and payments made by us (or any) or either of us, in respect of, or on account of, the said testator's {or intestate's) funeral expenses, debts and personal estate, together with the purposes for which the same were disbursed, allowed or paid. 6. We have, in the' account marked "B," now produced and shown to us, according to the best of our knowledge, information and belief, set forth a full, true and particular account of the legacies left by the said testator. 7. We, each speaking positively for himself, and to the best of his knowledge and belief as to other persons, further say : that save and except as appears in the said account marked "A,' we have not, nor has (any or) either of us, nor have nor has any other persons or person by our order or by the order (of any) or either of us, or for our use or for the use of any or either of us possessed, received or got in, any part of the said testator's {or intestate's) personal estate, or any money in respect thereof; and thai the said account marked "A," does not contain any item of disbursement, allowance or payment, other than such as has actually been dis- bursed, paid or allowed on the account aforesaid. 8. To the best ot our knowledge, information and belief, the personal estate of the said testator {or intestate) now outstanding or undisposed of, consists of the particulars set forth in the second schedule hereunder written. 9. Save what is set forth in the said second schedule there is not, to our knowledge, information or belief, any part of the said testator's {or intestate's) personal estate now outstanding or undisposed of. 10. We have, according to the best of our knowledge, informa- tion and belief, set forth in the third schedule hereunder written the particulars of all the real estate which the said testator {or AFFIDAVITS. 53 intestate) was seized of or entitled to {follow the 7vords of the judgment or order, as thus :) At the time of his death : Or, at the date of his will and at the time of his death {and, in the latter case, if any estates 7vere acquired bet7veen those periods, distinguish the same, as thus :) We have, according to the best of our knowledge, information and belief, set forth in the first part of the third schedule here- under written the particulars of all the real estate of or to which the said testator {or intestate) was seized or entitled at the date of his will, and in the first and second parts of such schedule the particulars of all the real estate of or to which the said testator was seized or entitled at the time of his death. IT. Save what is set forth in the said schedule, the said testator {or intestate) was not, to the best of our knowledge, information or belief, at the date of his will or at the time of his death, seized of or entitled to any real estate in possession, remainder or reversion, absolutely or contingently, or otherwise howsoever. 12. We have, according to the best of our knowledge, information and belief, set forth in the fourth schedule hereunder written the particulars of all the incumbrances affecting the said testator's {or intestate's) real estate, and what part thereof such incumbrances respectively affect. 13. We have, in the account marked " C," now produced and shown to us, according to the best of our knowledge, information and belief, set forth a full, true and particular account of all the rents and profits of the said testator's {or intestate's) real estate, which have come to our hands or to the hands of (any or) either of us, or to the hands of any person or persons by our order or by the order of (any or) either of us, or for our use or for the use of (any or) either of us, and the times when, the names of the persons from whom, on what account, and in respect of what part of such estate the same have been received, and the times when the same became due; and also a like account of the disburse- ments, allowances and payments made by us (or any) or either of us in respect of the said testator's {or intestate's) real estate, or the rents and profits thereof, and the times when, the names of the persons 10 whom, and the purposes for which the same were made. 54 AFFIDAVITS. And we, each speaking positively for himself, and to the best of his knowledge and belief as to other persons further say that, save and except as appears in the said account marked " C " we have not, nor has (any or) either of us, nor have nor has any other persons or person by our order or by the order (of any) or either of us, or for our use, or for the use (of any) or either of us possessed, received or got in, any rents or profits of the said testator's {or intestate's) real estate, or any money in respect thereof; and that the said account marked " C " does not contain any item or disbursement, payment or allowance, other than such as has actually been disbursed, paid or allowed, as above stated. The First Schedulk above Referred to. Account of the testator's {or intestate's) personal estate, at his death. {Set out the particulars, as in the following examples :) 1. $500 cash in the house. 2. $1,000 cash at the testator's bankers, Messrs. A. (S: B. 3. $1,000 Ontario Bank stock standing in the testator's name. 4. $ico due from CD. for half year's rent of farm at , to 31st December, 18—. 5. $322.60 balance remaining due from E. F. on account ot half year's rent of farm at , to 31st December, 18—. 6. $300 a debt due from G.H. on a bond with interest, from at per cent. 7. A leasehold house situate at -, held under a lease for a term of years, which will expire on , 18—, at a rent of $ expire on — a year; underlet to L.M. for a term which will — , 18—, at a rent of $50 a year. 8. $75 a half year's rent due from the said L.M. on ist December, 18 — . The Second Schedule above referred to. Personal Estate outstanding or undisposed of {set out particulars, as in the above examples). AFFIDAVITS. 55 The Third Schedule aisove referred to. {Se^ out a short particular of the real estate, as in the following examples :) 1. A freehold mansion and grounds attached, containing about three acres, situate at and called " The Evergreens," in the testator's occupation at his death, and now in hand described as follows : {give full description). 2. A freehold farm called " I.ow End Farm," situate at , containing about 500 acres, and in the occupation of L.M., under a lease for a term which will expire on — — -, 18—, at the yearly rent of $600, described as follows: {give full description). V Twenty freehold cottages, situate at — aforesaid, in the occupation of Michael Sullivan, Ike, as weekly tenants, at rents amounting collectively to $ a year, described as follows: {give full description). The Fourth Schedule aijove referred to. Incumbrances affecting the real estate {set out a short particular of the incumbrances, and shotv what part of the above real estate is subject to each, as in the following examples :) 1. The mansion and grounds numbered "i" in the third schedule above written are subject to a mortgage created by the testator by indenture dated, &c., in favour of R.J., and now vested in A.S., of {residence and addition), as security for $500 due to him, with interest at 6 per cent, per annum. 2. The farm numbered " 2 " in the said third schedule is charged with the payment of an annuity of $40 to J.B., of, &c., widow, during her life, under the will of the testator's brother, E.H. 3. The closes of land numbered "3" in the said third schedule are subject to the dower of M.H., widow of the said testator {}r as the case may be). Note.— For forms of Accounts A, B and C, referred to in the Affidavit, see under Account Forms 2, j and 4. 56 63. AFFIDAVITS. Affidavit in Support of Garnishee Order. i^Rule Q/l.) In thk High Court of Justice. Hetween A.H., Judgment Creditor, ■md CD., Judgment I)el)tor. I, A. !>., of, i\:c.. the al)ove-nanicd judgment creditor [or solicitor tor the above-named judgment creditor, or as the case may />e~\ make oath and say as follows ; — 1. r>y a judgment of the Court given in this action, and dated the day of , 18 — , it was adjudged that I [or the above-named judgment creditor] should recover against the above- named judgment debtor CD., the sum of $ , and costs to be taxed, and the said costs were by a taxing officer's certificate dated the day of , 18—, allowed at $ — . 2. The said still remains unsatisfied to the extent of and interest amounting to $ . 3. {Name, address and description of garnishee) is indebted to the judgment debtor CD. in the sum of $ or thereabouts. 4. The said {insert name of garnishee) is within Ontario. [ Where the garnishee is not within Ontario the affidavit must shoiu circumstances which would Justify the mailing of an order for service of a writ of summons out of Ontario.] Sworn, (.Vc. J" 64. Affidavit on Motion for Immediate Judgement. ( Under Rule 6oj. ) In The High Court of Justice. Between A.B., Plaintiff, and CD., Defendant. I, A.B., of the City of , in the County of merchant, make oath and say : All'iriAVITS. 57 1. I am the al)ove-named plaintiff and have knowledge of the matters in question. 2. This action was commenced on the day of - , 189 , by a Writ of Summons duly issued out of this Court in pursuance of the rules in that behalf. 3. The said Writ of .Summons was specially endorsed with my claim as follows ; {Here set out the particulars of the plaintiff' s claim as endorsed on the Writ of Summons.) 4. On the day of ■ — , 189-, the defendant entered an appearance in this action. 5. The defendant at the commencement of this action was, and still is, justly and truly indebted to me in the sum of $ -, in respect of the matters set forth in the said endorsement on the said Writ of Summons. 6. {Here set out concisely any admissions by letter or othertvise by the defendant of the amount due or any other material facts which 7vill prove the indebtedness.') 7. In my belief there is no defence to this action, and the appearance entered by the defendant herein has been entered for the purpose of delay only. ) ' . / Sworn, &c. 66. Affidavit on Interpleader. By a Defendant. {Rule 1/04.) In the Hic;h Court of Justice. Between A.B., Plaintiff, and CD., Defendant. I, CD., of iS:c., the defendant in the above action, make oath and say as follows : — I. The writ of summons herein was issued on the — day of — 18—, and was served on me on the day of 18 — . {Set fotth further steps taken in action. ) 2. The action is brought to recover The said (is or are) in my possession, but I claim no interest therein. 3. The right to the said subject-matter of this action has been 58 AKI'IDAVnS. and is claiincd (// c/aiin in ivrititt}^ make the writing an exhibit) by one {state expectation of suit or that he has already sued). 4. I do not in any manner collude with the said or with the above-named plaintiff, but I am ready to l)ring into Court or to pay or dispose of the said in such manner as the Court mav order or direct. Sworn, (\:c. 66. Affidavit of Justification for Appeal Bond. To be Annexed to the Hond [J^ule 8jo.) In the Hich Court or Justice. Hctween A.li. (Respondent), Plaintiff, and C.I). (Appellant), Defendant. I, E.F. , of ike, make oath and say as follows ; 1. I am one of the sureties to the annexed bond. 2. I am a resident inhabitant of Ontario, residing at , and am a householder in, (^^a freeholder in ). 3. I am worth and own property to the amount of , {the sum mentioned as the penalty, or such sum as the deponent is hound in,) over and above what will pay all my debts (if surety in an' other matter adit and every other sum for which I am now liabl or for which I am bail or surety.). 4. I am not bail or surety for any plaintiff or defendant except in this action {or if bail or surety in any other cause or matter add and except for C H. in an action in the High Court in which X. Y. is plaintiff and C H. is defendant in the sum of $ or as the case may be, specifying the several causes or matters with the Court in which each is, and the sums in which the deponent is bail or surety). 5. And I, J.H., of , make oath and say as follows :— {in similar terms as the case may require ; or separate affidavits may be made.) The above-named deponents, E.F. & J.H., were sworn, (!v:c., the before me. day of 18—, j(\ Commissioner, &c. AFFinANMTS. 59 ■4 67. Aflidavit for Declaration of Lunacy. In tmk MifiH Court ok Justick, In the matter of A. 1?., a supposed lunatic. I, C. I)., of the City of , Doctor of Medicine, I'hysiciaii to the I'rovincial Lunatic Asylum at I'oronto, make oath and say: 1. I liave since the year iH been in the hahit of attending on theal)ove-named A. H., formerly of , who has been ever since the said year, and now is, a patient residing in the i'rovincial I-unatic Asylun. 2. I have always considered him a person of weak intellect and erroneous judgment, incai)al)le of conducting his own affairs, and, if at liberty, liable to offend public decorum. V The said A B. has a high opinion of himself as an author, and sets great value upon two manuscripts of his, one of which is a life of the Reverend J.W'., transcribed by himself from the printed work; the other, which he calls an original work on things natural and spiritual, consists also of a considerable number of detached sentences transci'bed from books which have accidentally fallen in his way. 4. He asserts, &c., (se^ out specifically other instances of mental aberration^ stating; facts, not opinions.) 5. He has likewise many other aberrations of intellect which are somewhat difficult to describe, but are sufficiently marked in V ■•- conduct, and which leave no doubt in my mind that the said A. B. is a lunatic and wholly unfit for the government of himself and his affairs. 6. I saw the said A.B. at the said Lunatic Asylum on the day of instant, and found that he was still subject o the mental hallucinations which I have hereinbefore described, and I am of opinion that his lunacy is incurable. Sworn, (S:c. 1 6o 68. AFFIDAVITS. Affidavit by Landlord {Rule /So). Is THE High Court of Justice. Between A.B., Plaintiff, and CD., Defendant. I, , of the of , {addition or occiipiitioii), make oath and say : I. I am in possession of the land sought to be recovered in this action by myself {or by the said CD., my tenant, as the case may be). 1 / Sworn, &c. 69. Affidavit for Mandamus To a Divi.sion Court Jitdge. - Division mer- In the HuiH Court ok Justice. In the matter of a certain action pending in the ■ — Court in the County of . Between A.B., Plaintiff, and CD., Defendant. I, A.B., of the City of , in the County of chant, make oath and say : — 1. I am the above-named plaintiff. 2. On the day of ■ i8— , I entered an action in the said Division Court against the said CD. in respect of a claim which is set forth in the summons and particulars, a copy of which is now produced and shown to me and marked exhibit " A." 3. On or about the day of , 18 , the defendant, the said CD., entered a notice of dispute in the said Division Court, a copy of which is now produced and shown to me and marked exhibit " B." m AI'FinAVlTS. 6i — day of -, iH— , the said action came up 4. On the - for trial at the sittings of the said Divi ;ion Court at the Town of , in the County of , before I'^sciuire, Judge of the County Court of the said County of , and I attended at the said trial with my witnesses for the purpose of giving evi- dence and proving my said claim against the said C.l)., and to have my said claim tried by the said judge. 5. When the said action was called for trial the defendant CD objected that the said Court had no jurisdiction to try said clami.and the learned judge decided that the objection was valid and that he had no jurisdiction to try the said claim and there- upon dismissed the said action and ordered me to pay the costs thereof. 6. ( If tJic jurisdiction of the Court docs not appear upon the face of the s:ummons and particulars, set fort/i any furtlier facts concisely having regard to the nature of the claim in each parti- cular case and shoiving that the Court had Jurisdiction to deal with the same. i Sworn, (!v:c. 70. Affidavit of Non-Payment of Moptg-agre Made by Agent where Mortgagee out of Country. {Formal Parts.) I. The above-named plaintiff resides at -, out of the jurisdiction of this Honoural)le Court, and he has been residing there ever since , 18 . 2. I am the duly authorized agent of the said [)laintiff in this Province, and by power of attorney, duly executed by the said plaintiff, I am authorized to collect and receive the moneys secured by the mortgage in question in this action, and the mortgage deed has been ever since , iS— , and still is in my cu.^tody and possession. 3. I have not, nor hath nor have any person or persons by my order or to the best of my knowledge, information or belief, for my use or for the use of the said [)iainliff, nor to the best of my 6a AFFIDAVITS. knowledge, information and belief, hath the plaintiff or any person or persons by his order received the sum of , being the amount found due to the said plaintiff by the ( judgment or report) in this action, or any part thereof, or any security or satisfaction for the same or for any part thereof, but the whole of the said sum of remains justly due and owing to the said plaintiff under the mortgage security in question in this cause. {If anything has been received on account^ this clause must be varied and what has been received must be stated.) 4. I am not and since the date of the said mortgage never have been, nor hath the said plaintiff, nor to the best of my knowledge, information and belief, hath or have any person or persons by my or his order, or for my or his use, been in possession of the lands and premises comprised in the said mortgage, or of any part thereof, nor in receipt of the rents, issues and profits of the same, or of any part thereof. Sworn, &c. ) 71. Affidavit of Non-Payment of Mortgag-e By Mortgagee in Possession, (Formal Parts.) 1. I have not, nor hath nor have any person or persons by my order or to the best of my knowledge, information and belief, for my use, received the sum of , being the amount found due to me by the report of the Master at , {or the judgment) in this cause, or any part thereof, or any security or satisfaction for the same, or for any part thereof, but the whole of the said sum of remains justly due and owing to me under the mortgage security in question in this cause. 2. I am in receipt of the rents and profits of the lands and premises comprised in the said mortgage ; but I have not, nor hath nor have any person or persons by my order, or to the best of my knowledge, information and belief, for my use, received any greater sum in respect of the rents, issues and profits of the said mortgaged premises than the amount wherewith I have been AFFIDAVITS. 63 charged by the said Master in and by his said report {or by the said judgment.) Or, I am and have been, prior to and ever since the making of the said report, {or judgment) in the occupation of the lands and premises comprised in the said mortgage, and the said Master, in and by his said report, has charged me, {or, and I have l)een charged by the said judgment) with an occupation rent for the same up to the day appointed for payment. 72. Affidavit of Non-payment of Mortgage. By Mortgagee N^ot in Possession. {Formal Parts). 1. 1 have not, nor hath nor have any person or persons l)y my order or to the best of my knowledge, information and belief, for my use, received the sum of being the amount found due to me by the report of the Master at {or the judgment) in this action, or any part thereof, or any security or satisfaction for the same or for any part thereof, but the whole of the said sum of remains justly due and owing to me under the mortgage security in question in this cause. 2. I am not now, and since the date of the said mortgage never have been, nor hath nor have any person or persons l)y my order, or for my use, been in possession of the lands and premises comprised in the said mortgage, or of any part thereof, nor in re- ceipt of the rents, issues and pro/its of the same, or of any part thereof. 73. Affidavit of Non-Appea ranee. {Formal Parts). 7, A. B., of &c., make oath and say :- :, That I did on the day of — — 18 — , duly search in the office of this Honourable Court for the purpose of ascertain- ing if any appearance had been entered for the Defendant in this action in the Book kept there for that purpose. 64 AFFIDAVITS. 2. That no appearance had been entered for the said Defend- ant as appeared Ijy the said Book, and I verily believe that the said Defendant has not appeared to the Writ in this cause. 3. That no Notice of Appearance has been given by or on behalf of said Defendant, as I verily believe. Sworn, (!v:c. ) 74. Affidavit of Non-Payment of Costs. {Formal Parts.) I, A. B., i\:c. make oath and say : — 1 . I am a member of the firm of — , solicitors for the above- named plaintiffs. 2. The costs of the said plaintiffs herein have been taxed and allowed at $ . 3. I have not received, nor to the best ot my knowledge, in- formation and belief has my partner, or anyone on behalf of my said firm, received the said sum of $ , or any part thereof, and the whole of the said sum of$ .remains unpaid and due to my said firm for costs herein. Sworn, &c. J 75. Affidavit as to Non-payment of Money Found Due by Report. {Formal Parts.) I. That I have not, nor to the liest of my knowledge, informa- tion an(^ belief, has any person or persons on my account or behalf, received the sum of $ , found due and directed to be paid to me on the day of , 18 — , by the Master's report made in this cause bearing date the day of , 18—, or any part thereof, and 1 say that the said sum of $ is still wholly due and unsatisfied. AFFIDAVITS, 65 76 Affidavit for Appointment Under Overholding Tenants Act. R. S. O., 1897, chap. 171. In the County Court ok thk County of In the matter of A. 1)., Landlord, and C.I)., Tenant. I, A.B., of the of , in the County of , {occupation., ) make oath and say : — • 1. I am the al)ovc- named landlord. 2. Now produced and shown to me and marked exhibit " A " is an Indenture of Lease creating the demise of the lands therein described from me to the above-named tenant C.I)., {or set forth the terms of the demise or right of occupation, if verbal, or as the case may be). 3. Now produced and shown to me and marked exhibit " B " is a true copy of a demand made upon the said tenant CD. for the delivering up of possession of the said lands. 4. {I /ere state that the term has expired, or set forth the breaches of covenants which entitle the landlord to possession.) 5. by reason of the said breaches of the covenants contained in the said lease {or by reason of the expiration of the term, or as the case may be), I am entitled to re-enter upon and have again the said demised premises and to eject the said tenant therefrom. Sworn, &c. H NOTE. — For affidavit of service of demand of possession, see Form g^. 66 77. AFFIDAVITS. Affidavit of Payment of SherifTs Fees. In The Huih Court of Justick. {Formal Parts.) of I. That I did on the day of - the sum of $ — i8— pay to the Sheriff being the amount of his charge for mileage and fees for the service of the in this action, by enclosing the said sum of money in a letter addressed {or as the case may be). Sworn, &lC. > 78. Affidavit for Payment Out of Court Moneys Paid in under Trustees Relief Act, In The High Court ok Justice. In the matter of The Oddfellows Relief Association of Canada. And in the matter of the Imperial Act passed loth and nth Victoria, Chapter 96, entitled "An Act for better securing Trust Funds and for the Relief of Trustees." I, A.B., of the Town of -, in the County of- — and Province of Ontario, wife of C.B., of the same place, Street Com- missioner, make oath and say : — I. I am one of the applicants herein. 2. E.B., late of the Town of aforesaid, apprentice. deceased, was my son and resided with me and my said husband at the Town of • until about two months before he died when he went to live with his brother-in-law at the said Town of > by whom he was employed. 3. In or about the month of 18—, the said E.B. delivered to me a contract or Benefit Certificate dated on or about the day of , 18—, and numbered 459, issued by the said The Oddfellows Relief Association of Canada, whereby the said Association covenanted to pay to me the beneficiary therein named the sum of $ upon the death of the said E.B. p v 9 m 'M , ■■*?■ d m 1- ■ e, d ;^^^H ;n fli ~> , ^1 td H le m id ^^ id :i ed ■J AFFIDAVITS. 67 4. The said contract continued in my possession until about the month of 18—, and I am informed and believe that the said contract was about that time delivered to the said Association, in whose possession it now is. 5. After the death of the said E.B. I found the contract now shown to me and marked Exhibit "A " in the place where I usually kept the contract referred to in the preceding paragraphs, but I did not know that the one had been substituted for the other until afler the death of the said E.B. 6. On or about the day of 18—, the said E.l]. died intestate, unmarried and without issue. The said E.B. was at the time of his death twenty-seven years of age, and letters of administration of his property were as I am informed and believe duly granted by the Surrogate Court of the County of to the said C. B. on or about the day of 18—. 7. I was not aware that the said E.B. ever directed the said Association to change the beneficiary under said contract first named above, nor did I in any way consent thereto. 8. I am informed that one G.H., of the Town of , spinster, claims to have been substituted for me as beneficiary under said contract and claims to be entitled to the moneys payable thereunder. 9. I am informed and believe that on or about the — day of ■ 18 — , the said Association paid into Court to the credit of this matter the sum of $ less the sum of $ allowed to the and charges. being the said sum of $ said Association for costs Sworn, &c. ) 79. Affidavit for Payment out of Moneys in Court On Attainitig Majority. {Formal Parts). 1. I am the mother of the above-named defendant C. D. {or as may de, showing means of knowledge of deponent.) 2. The above-named defendant CD. was born on the — - — day 18—, and is now of the full age of 21 years. 68 80. AFFIDAVITS. Affidavit for Payment Out of Court That Person Entitled is Alive. [Formal Parts). I. A. 15., named in the order made in this action {or ma.iX.Gr) u -ted the day of i8— , {order under which periodi- ca/ payment is made, or, the above-named A.B.,) was aUve on the day of i8— , as I know from {state means of knowledge as tints:) having seen him on the last mentioned day at {state where). 2. To the best of my knowledge, information and belief, the said A.B. is now alive. 81. Affidavit on Production of Documents. Rule 46"^. In the High Court of Justice. Between A.B., Plaintiff, and C.I)., Defendant. I, the above-named defendant CD., make oath and say as follows : — 1. I have in my possession or power the documents relating to the matters in question in this action set forth in the first and second parts of the first schedule hereto. 2. I ol)ject to produce the said documents set forth in the second part of the said first schedule hereto. 3. {Here state upon what grounds the objection is made, and verify the facts as far as may be.) 4. I have had, but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the second schedule hereto. 5. The last mentioned documents were last in my possession or power on {state when). 6. {Here state what has become of the last-mentioned docu- ments and in whose possession they no7v are. % M m M •i AFFinAVITS. 69 7. According to the best of my knowledge, information and belief, I have not now, and never had in my possession, custody or power, or in the possession, custody or power of my solicitors or agents, solicitor or agent, or in the possession, custody or power of any other persons or person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from any such docu- ment, or any other document whatsoever, relating to the matters in (jucstion in this action or any of them, or wherein any entry has been made relative to such matters, or any of them, other thin and except the documents set forth in the said first and second schedules hereto, and the pleadings and other proceedings in the action. Sworn, iscc. 82. Affidavit on Production of Documents By Officer of Corporation. [Rule ^68.) I, ot In the High Court of Justice. Between A.B., Plaintiff, and C.D., Defendant. -, make oath and say as follows : 1 . I am the {/lerc state the name of the office held hy the deponent in the service of tlie Company on whose hciialf he malies the affidavit), and as such, have knowledge of all documents which ;ire, or have been, in the custody or possession of the said (Company), relating to the matters in question in this action. 2. I am cognizant of the matters in question in this action. 3 The said defendants have in their possession or power, the documents relating to the matters in question in this action, set forth in the first and second parts of the first schedule hereto. 4. The said defendants object to produce the said documents set forth in the second part of the said first schedule hereto. 5. {Here state on ivhat grounds the objection is made, and verify the facts as far as may be. ) P 70 AFFIDAVITS. 6. The said defendants have had, but have not now, in their possession or power, the documents relating to the matters in question in this action, set forth in the second schedule hereto. 7. The last mentioned documents were last in the possession or power of the said defendants on {state when). 8. {Here state what has become of the last-mentioned docu- ments, and ill 7vhosc possession they now are. ) 9. According to the best of my knowledge, information and belief, the said defendants have not now, and never had, in their possession, custody, or power, or in the possession, custody, or power of myself, or of any of its solicitors or agents, or of any person or persons whomsoever, on its behalf any {proceed as in last form.) \ ) Sworn, i^-'c- 83. Affidavit for Prohibition To Division Court. In the Hum Court oi' Justice. In the matter of a certain action pending in the - Court in the County of Between A.B., Plaintiff, and CD., Defendant. Division I, CD., of the of in the County of merchant, make oath and say : I. On or about the day of 18— , I was served with the paper writing hereto annexed marked Exhibit " A," which purports to be a copy of the summons and particulars of demand issued in an action in the said Division Court at the suit of the above named A. B. against me this deponent, as defendant. 2. On or about the day of 18 — , I duly filed with the Clerk of the said Division Court a notice disputing the said claim and the jurisdiction of the Court, a true copy of which notice is now shown to me and marked Exhibit " B." AFFIDAVITS. 3. On or about the day of 71 18—, the said action came up for trial in the said Division Court before His Honor Judge , who presided, and who after hearing the evidence for the plaintiff in the said action, gave judgment in his favor for $ and costs. 4. {If the want of jurisdiction docs not appear on the 'ice of the summons set out the facts which constitute the want of Jurisdiction), 5. I have as I am advised and verily believe a good defence on the merits of the said action (// such he the case). Sworn, &:c. 84. Affidavit on Motion to Quash By-law. {R.S.O, iSgr, Chap, jjj, Sec. 37S.) In thk High Court ok Justice. In the matter of By-law Number , of the Township of , in the County of . Between A.B., Applicant, and The Corporation of the Township of — , Respondents. I, A.B., of &c.. Farmer, make oath and say : — 1 . I am a resident in, and ratepayer of, the Township of aforesaid. 2. Now produced, and shown to me, and marked Exhibit A to this my affidavit, is a copy of the above-mentioned By-law, Number , of the said Township, certified under the hand of CD. Clerk of the said Township and under the Corporate Seal of the said Township, which said certified copy of the said By-law I received from the said Clerk. Sworn, &c. 72 86. AFFIDAVITS. Affidavit Under Quieting: Titles Act. Verifying Adverse Claim. Ill the matter of, Ike. (as in />etHioti). I. I, A. H., of , make oath and say, that, to the best of my knowledge and belief, I am the owner of the estate {or interest) which is claimed by me in my notice of claim in this matter now produced to me marked with the letter A, subject only to, iVc. {as the case may he). 86. Affidavit under Quietingr Titles Act. As to (yo7vn Debts. In The Hu.h Court ok Justice. In the matter of, &c. {as in petition). I, A.B., of ■ , i!v:c., make oath and say :— I. That I have carefully searched the Register of Crown Debts, formerly in the Office of the Clerk of the Court of Queen's Bench at Toronto, and now in the Central Office of the High Court of Justice at Toronto, and I say that there has not been registered therein any deed, Ijond, contract or other instrument, whereby any debt, obligation or duty was incurred or created to Her Majesty on the part of X.Y. , the petitioner in this matter, or on the part of C.I)., E. F., &c. {/lere name all persons who have had any estate in the lands), save and except the several bonds or instruments named and set forth in the Schedule hereunder written. The Schedule above referred to. '^ 1 -.-1 c E •« ,• <- s J^ u 3 S So o B « 1 e tn FOR WHAT I'lKI'OSE c 3 u ft S 20 KXECLTKD. 7,906 29 May, 1 847. Bond. $ soo CD. Surety for G.H., Customs Officeror Division Court Clerk or other Officer. 8,111 25 Jan., 1850. Bond. 1,000 E.F. The like. il. ▼* AFFIDAVITS. n 87. Afndavit Under Quieting- Titles Act. //; Support of Petition, In the matter of {describe lands as in the title of the petition). I, , of, I'tc, the petitioner in this matter, make oath and say : — 1. To the best of my knowledge and belief, I am the absolute owner in fee simple in possession {or as the case may f>e,follo7L f6' 8 J> AFFIDAVITS. Affidavit as to Fitness of Proposed Receiver. {Formal Parts, ) 1. That I know, and have for years last past been well acquainted with A.B., of the of in the County of , Esquire, the person proposed to be appointed receiver in this cause. 2. That the said A.B. is a person of great respectability and integrity, and well versed in matters of business, and possesses an accurate knowledge of accounts and books of account. 3. That to the best of my judgment and belief, the said A.B. is a fit and proper person to collect and receive, and to be appointed receiver of {as in the order for receiver). 90. Affidavit Verifying- Account of Receiver. ( Formal Parts. ) 1 . I am the Receiver appointed herein, under judgment {or order) dated the day of 18 -. 2. The account now produced and shown to me marked Exhibit A to this my affidavit and purporting to l)e my account of the rents and profits received by me as Receiver in this cause from the ist day of January 18—, to the 31st day of March 18—, both days inclusive, contains a true account of all and every sum and sums of money received by me, or by any other person or persons by my order or to the best of my knowledge or belief for my use, on account or in respect of the said rents and profits. 3. The account now produced and shown to me and marked as Exhibit H hereto contains a true account of tlie several sums paid out and allowed by me as such Receiver from the ist day of January 18—, to the 31st day of March 18 — , both inclusive, and the said several sums of money mentioned in the said account hereby vei -led to have been paid and allowed have been actually and truly so paid and alljwed by me for the several purposes in the said account mentioned. 4. The said accounts are just and true in all and every the items and pardculars therein contained. Sworn, I'tc. f ^ m AFFIDAVITS. 77 91. Affidavit for Order of Replevin On Praecipe {Rule iu68). In the High Court ok Justice. Between A. 13., Plaintiff, and C.I)., Defendant. I, A. B., of the of in the County ot , merchant, make oath and say : — 1. I am the above-named plaintiff and have a thorough know- ledge of the matters herein deposed to. 2. On the day of 189 — {beiti^s; within two months next before the making of this affidavit) the al)ove-named defend- ant C.I), seized in my dwelling-house, situate at No. Street, in the of , and wrongfuhy took out of my possession, one upright piano made l)y the Toronto Piano Com- pany and numbered 891. 3. I am the owner of the said piano and am lawfully entitled to possession thereof. 4. The value of the said piano to the best of my belief is $ • 5. I am advised by my solicitor and verily believe that I am entitled to an order of Replevin herein. 6. There is good reason to ap[)rehend that unless the order is issued without waiting tor a motion the delay would materially prejudice the just rights of me this deponent in respect to the said property. 1 J" Sworn, &c. 92. Affidavit for Fixing* Reserved Bidding". {hernial Parts.) I. I have carefully uispected and valued Lot Number in the Concession of the Township of in the County of , being the premises ordered to be sold in this cause, and m 78 AFFIDAVITS. proposed to be sold in lots numbered one, &c., respectively in the draft advertisement of sale herein now shewn to me and marked A. 2. Lot numbered one in the said draft advertisement is, in my judgment, worth the sum of $ — or thereabouts, (though so much may not be obtained, as it requires considerable expendi- ture in the repair of, &c., state defects,) and I say that in my opinion the reserved lidding on said lot number one should be fixed at $ -. {Go through all the lots in the same 7vay.) \ Sworn, (!vc. 93. Affidavit of Service— General. {Court and Style of Cause.) I, A.B,, of the of in the County of {addition or occupation), make oath and say : - I. That I did on the -day of — ■ i8 — , personally serve CD. the above-named defendant {or as the case tnay be) at with a true copy of the hereunto annexed, by de- livering such copy to and leaving the same with him the said C. D. I Sworn, &c. 94. Affidavit of Service Under Overholding Tenants Act. Appointment and Papers Attached, In the County Court of the County ok In the matter of A.B., Landlord, and CD., Tenant. I, — , of the of — {occupation,) make oath and say :— I. That I did, on the day of -, in the County of A.D. i8— , person- AFFIDAVITS. 7f ispectively me and t is, in my though so 2 expendi- hat in my should be 7vav.) ally serve the above-named tenant CD., with the appointment, notice of appointment and affidavit hereunto annexed and marked as exhibits "A," " B " and " C " respectively, by delivering to and leaving with the said CD., at the of in the County of , a true copy of the said appointment, notice and affidavit, together with a true copy of the lease and demand of possession hereto annexed and referred to in said affidavit and marked as Exhibits "D" and "E" respectively to this my affidavit. Sworn, iS:c. 1 of , personally may be) at (ced, by de- said C D. nts Act. 95. Affidavit of Service Under Overholding- Tenants Act. Demand of Possession. In the County Court ok the County of — In the matter of A.B., Landlord, against CD., Tenant. I, E.F., of the of , in the County of {oc- cupation)^ make oath and say as follows :- 1. That I did, on the day of 1 8 — , personally serve the above-named tenant CD. with the demand of posses- sion hereto annexed, marked " A," by delivering to and leaving with the said CD. on the said day at , in the of in the County of , a duplicate of said demand signed by the said A.B. 2. At the time of such service I demanded of the said CD. to deliver up to the said A.B. possession of the lands mentioned in the said demand, but the said tenant CD. then and there refused to give up possession of the said lands {or as the case may be.) Sworn, &c. ^of 8—, person- 8o 96. AFFIDAVITS. Affidavit of Service of Claim. Creditors' Relief Act, R.S.O. iSgy, chap. 78. In thp: Countv Court of the County of — — A. B., Claimant, vs. CD., Debtor. I, G. H., of , in the County of , {addition or occupation .) make oath and say : — I. That I did on the day of 18 , personally serve CD., the above-named debtor, with an original affidavit identical with the annexed affidavit, and that there was at the time the affidavit was so served attached to {or endorsed upon) the said affidavit so served a true copy of the notice addressed to the debtor, now attached to {or endorsed upon) the said annexed affidavit. 1 J Sworn, &c. 97. I, Affidavit of Service of Notice of Motion. Quo Warranto Proceedings. ( Court and style of cause as in notice of motion. ) , of in the County of , {addition or 18 — , personally occupation)^ make oath and say ; — I. That I did en the day of serve the ai)ove-named defendant with the notice of motion hereto annexed, marked exhibit " A," by deliveriiiLi; to and leaving with him, the said defendant, a true copy of the said notice of motion. Sworn before me at the — , in the — — , this of - County of day of A.D. 18—. A Commissioner, &c. 98. I, AIFIDAVITS. Affidavit of Service of Writ of Summons. {Rules 14s- ISO.) In thk HuiH Court ok Justick. Between A. H., riainliff, and CD., Defendant. ^of 81 of the in the County of {occiip(Xiion), make oath and say as follows : — I. I did, on the — day of 18- -, personally serve CD., the above- name'', defendant in tliis action, with a true copy of the writ of summons {or notice of the writ of summons) herein hereto annexed, by delivering the same to and leaving the same with the said defendant on the day last aforesaid at in the County of . 2. Upon the said copy so served as aforesaid were indorsed at the time of such service true copies of all the indorsements appear- ing upon the said original writ of summons {or notice) except the uidorsement hereinafter mentioned. 3. To effect such service I necessarily travelled miles. 4. Subsec^uently, namely upon the — day of 18—, I did indorse upon the said original writ of summons {or notice) the day of the month and week of such service. \ J Sworn, ^:c. 99 Affidavit for Stop Order. {Rule 8 J.) In the Hic.h Court of Justice. (Style of ctiiisc or inaftt'r in which the tnoncy, stock or securi- ties stand in Court.) I, .\,B., of &:c., make oath and say : — I. On the day of i8 — , I recovered a judgment \ si I. % 82 AFFIDAVITS. in the- — Court against CD., the above-named Plaintiff {or as the case may be), for the sum of $ for debt, and the sum of $ for costs of action, and there is now due and unpaid on the said judgment, for debt, interest and costs, the sum of $ {or if the applicaut is the assignee of the moneys set forth the assignment). 2. I am desirous that the moneys now standing in Court to the credit of the said CD. in this cause shall not be paid out or dealt with except u{)on notice to me. Sworn, (S:c. Note. — Produce also certificate of Accotintant of the amount in Court. 100. Affidavit for Substitutional Service Of Writ of Summons {Rule 146). In Thk High Court of Justice. Between A.B., Plaintiff, and CD., Defendant. I, E. F., of the City of in the County of Sheriff's Officer, make oath and say , 1. 1 am an officer in the office of the Sheriff of the County of . 2. On the day of 18—, the Writ of Summons herein and a true copy thereof were given to me in order to effect service thereof upon the above-named defendant. 3. {Here set forth concisely the particulars of the efforts made to serve defendant and show that the writ has come to the knotvledgc of the defendant and that he is remaining concealed or evading service and why personal service cannot be effected. ) 4. {Sho7i< upon what person or in what way substituted servic is proposed to be made and the grounds thereof. ) AFriDAVITS. 83 101. Affidavit for Issue of Subpoena To Province of (Jiicbcc. {Court ami Style of Giitsr.) I, 1;. F'"., of the City of in the County of , solicitor, make oath and say :— 1. I am a member of the firm of — , solicitors for the plaintiffs herein, and I have the conduct of this action. 2. This cause is at issue and notice of trial was given for the last sittings of this Court holden at the City of — - — for the trial of actions without a jury, when the said case was made a remanet and is now on the list of cases to he tried at the next sittings to l)e holden at the said City of on the - day of 18 —. 3. Ci.H. is a necessary and material witness on behalf of the plaintiffs in this cause, and the said plaintiffs cannot safely proceed to a hearing of this cause without the evidence of the said (l.H. 4. The said ( 1. H. resides at the City of Montreal in the Province of Quebec, as I am informed and verily believe. 5. There is no action or suit pending in the said IVovinceof (Jiuebec in respect of the matters in question in this action. it P I » Sworn, iVc. 102. J" Affidavit -Motion to Postpone Trial. .\hsence of' IVitness. I, {Court and Style of C\itisc.) of the ' of in the County of manufacturer, the above-named defendant make oath and say as follows : — 1. This case was set down for trial at the last sittings of the Court for the trial of actions holden at but was not reached. 2. Notice of trial was on the — day of last served l)y the plaintiff herein for the Assizes to be holden at — afore- said on the day of instant. 84 AFFIDAVITS. 3. After the notice of trial was so given as aforesaid and in order to pre[)are tor such trial I consulted my solicitors with a view to securing the witnesses that it would be necessary to call on my behalf at the trial. 4. From en(iuiries made I learn that of , one of the witnesses on my behalf, left since the last sittings and about two or three months ago, and that his present whereabouts is unknown, although his family and friends have been expecting his return. 5. The said is a necessary and material witness for me in this action, and 1 am advised and believe that I cannot safely proceed to the trial of the action without the testimony of the said : 6. I have learned within the last few days that the said has not returned and I am not likely to secure his attendance in time for the trial at on ■ next, but I am ready to pro- ceed provided the attendance of the said ■ can be secured. 7. The said was [)resent, and the defendants intended to call him as a witness, at the last sittings of the Court, had the case been reached. 8. Exhibit " A " to this my affidavit is a true copy of the plead, ings in the action. 9. The present application to postpone the trial is made />ofia fidi\ and not for the purpose of delay or for any other improper purpose. Sworn, &:c. AlKin.WITS, «5 103. Aflidavit by Mortg-ag-ees. \/>/^/ic(ifii>n for Ixuvc lo Piiy Surplus into Court. Tn iMi-, Hr(;M CoiruT ok Justhk. In the matter of a certain inortgaj^e clatrd the ilay of iiS— , between A.li. of the first part, and The Ontario Mort- gage Company, Limited, of the second part. And in tiio Matter of tlie Imperial Act passed loth and nth Vic- toria, Chai)ter 96, entitled ".An Act for better securing Trust I'unds and for tiie Relief of Trustees. " I, (". I)., of the city of in theCounty of , manager of The Ontario Mortgage Company, I.imiled, make oath and say : - 1. Under and bv virtue of an Itidenture of Mortgage l)earing date the day of i!^— , i^nd made between A.H., of the first [)art, and The Ontario Mortgage Company, Limited, of the second part, the said ('ompany are mortgagees of the lands and |)remises therein mentioned, being all that certain parcel or tract of land and [jremises situate in the 'l"ownshi[) of in the County of -, being composed of Lot Number in the ■ Concession of the said Township of- , containing — — acres more or less. 2. Default having been made in the payment of the moneys secured l)y the said mortgage, the said Company sold the said lands in exercise of the power of sale contained in the said mort- gage for the sum of $ . 3. After deducting from the said sum the amount due to the said Comi)any under the said mortgage for principal, interest and costs, there remains a sur[)lus in the hands of the said Comjjanv of $ . 4. After the date of the mortgage hereinbefore mentioned and on or about the - — day of i^^— , the said A. U. con- veyed to his daughter one R.D., wife of G.D., the westerly fifty acres of the said lot, reserving to himself a life interest in the same. 5. On or about the day of 18—, the said A.B. mortgaged the said lot to one E.F. ■J .•^a .^^^, ^-^ O '^""^ '^.^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 ^ m 2.2 Photographic Sciences Corporation 1.8 11.25 iu ii.6 23 WEST MAIN STREET WEBSTER, N.Y. MSEO (716)872-4503 --•i,^ 88 AFFIDAVITS. 6. Oil or al)Out the — day of — - — i8 , the said R.D, and (i.L)., her husband, released all their claims to the said fifty acres of said lot to the said A. B. 7. On or about the day of 18—, the said A.B. again conveyed to the said R. D. the said westerly fifty acres of said lot. / 8. The said A.B. died after the date of the said mortgage, having duly made and published his last will and testamciit and a codicil thereto bearing date the - day of 18 — , which said will and codicil were duly admitted to probate on or about the day of 18—. 9. By the said will the said A.B. devised to his daughter, the said R.U., the east half of the west half of said lot on the condition that the said R.D. should support in a comfortable manner the said testator's .'ife and son H.B. 10. The said H.B. was at the date of the said will, and is now, a person of unsound mind. 11. By the said will the said A.B. devised to his son C. B. the east half of the said lot. 12. On or about the day of 18 - the said R.D. and G.D., her husband, mortgaged to one J. K. of the west half of the said lot and on or about the - day of 18— the said R.D. and G.D. mortgaged the said west half of the said lot to one L.M. 13. On or about the day of 18— an execution was placed in the hands of the Sheriff of the County of — against the said lands of the said C.B., in an action in which one P.R. was plaintiff and the said C.B. was defendant, wherein the plaintifl" recovered judgment for $ and costs, which said judgment has been assigned to one W.R. 14. On or about the day of 18— one J.S. recovered judgment against the said C.B. for $ and costs, and duly issued execution to the Sheriff of the said County of — - — against the lands of the said C.B. 15. The said judgments remain in full force and unsatisfied. 16. The said Company is unal)le to ascertain the whereabouts of all the said parties hereinbefore mentioned, and in what shares or proportions they are entitled to the said surplus. Sworn, (S:c. '• AFFIDAVITS. 87 104. Affidavit on Notion by Trustee for Advice under the Trustee Act. R.S.O. 1897, chop, ijg, SIT. jg, and Rule gj8{g). In Thk Hic.H Coi RT ok Justick. In the matter of the trusts of the will of A. H., and in the matter of Chapter 129 of the Revised Statutes of Ontario, entitled "The Trustee Act." I, C.I)., of the City of in the County of Esquire, make oath and say as follows : I. On the -day of 18— , A. B., widow of (i.H., late of the City of , Merchant, then residing in the City of — , made a will purporting to be her last will and testament, duly executed so as to pass real estate, whereby she gave and devised all the lands and tenements, hereditaments and real estate situate in the Province of Ontario, of or to which she should at her death be seized or entitled, or of which she should at her death have power to dispose by will, unto and to the use of me, the said CD. my heirs and assigns. The said A.B. also thereby gave and becjueathed all the moneys, securities for money, goods, chattels, credits and personal estate, situate or being within the said Province, of or to which she should at her death be possessed cr entitled, or of which she should at her death have power to dispose by will, unto me, the said CD., my executors and administrators ; and both the said devise of real estate and becjuest of personal estate were upon the trusts, and with, under and subject to the powers, provisoes and declarations therein contained of and concerning the same. 2. By her said will the testatrix gave to her son, C.E.B., an annuity or yearly sum of $ ■ during his life, to be paid in equal half-yearly payments to Dr. O., of — , for the main- tenance and support of her said son ; but out of that sum, $ ■ a year was to be paid by the said Dr. O. to her faithful servant and friend M.T , so long as she should remain with her son, and it was her fervf.nt hope and desire that she should remain with him so long as they both should live. 88 AFFIDAVITS. $ The testatrix also gave to her father ST. — , and to her sister M.O., wife of Dr. O. — , and to me, her executor, the sum of $ the sum of the sum of , and to the British and Foreign Hible Society the sum of $ , and the testatrix directed that the above-mentioned annuity and legacies should be paid by me out of her real and personal estate in Ontario. 4. The testatrix by her said v/ill gave to me, this deponent, power to sell the said real estate, and to collect and get in the said personal estate ; and, after payment of the annuity and legacies aforesaid, declared that I should invest the same in the manner therein specified and pay over yearly unto her daughter A., the wife of J.A.C., of the City of — , for her sole and separate use, independently of her husband, and free from his debts, control and engagements, the whole residue of the yearly rents, profits, interest, and income of the said trust estate, and that after her death I should hold the same in trust as to the whole of the residue of her real and personal estate in Ontario for the child or children of her said daughter A. then living, and their heirs, and the issue of such as should be dead, and their, his or her heirs, in cfjual shares as tenants in common ; and, in default of child or children of her said daughter A., in trust to pay to her said husband $ -, and as to the residue of the trust estate in trust for her late husbands nephews and nieces C. IJ., S.H., A.B- and M.B., all of the City of ■, the children of C.S B., Merchant, and their heirs in ecjual shares as tenants in common. 5. The testatrix by her said will made devises and becjuests of her real and personal estate in lOngland and Scotland, and appointed me this deponent and Dr. O. andC.B. her executors, and stated her will and desire that I and my executors, adminis- trators and assigns should have the sole management and super- intendence of all her affairs, property and business in Ontario, and should prove the will there, and that the other executors should act in the execution of her will in Scotland and England. 6. On the day of — ■ 18—, the said testatrix made a codicil to her said will, duly executed so as to pass real estate, whereby, among other things, she revoked the beiiuest of the said annuity to her son C.E. B., but so as not to affect the bequest of the yearly sum of $ to M.T., which she thereby charged on her real and personal estate in Ontario and directed to be remit- AFFIDAVITS. «9 ted by me to Dr. O. to l)e by him paid to the said M.T., and she thereby directed that the becjuest to the British and Foreign Hil)le Society should not be paid till after the death of her daughter A., and then only in the event of her dying without issue at the time of her death ; but in the event of her leaving issue, then that the amount of the sair' legacy should go to the issue, together with the provision otherwise made for such issue by her will. 7. On the day of 18, the said testatrix, then residing at , in Scotland, signed a testamentary paper, but not in thepresenceof witnesses or attested in any manner, whereby, so far as her property in Ontario is concerned, she purported to make the following disposition: "To my husband's nephews, S.S.H. and A.H., any property in shares, money or loans, I may possess in Ontario at the time of my death, after paying $ — to my beloved friends G. and M.T., of , Ontario, Canada ;" and she thereby requested S. and .A. to be her trustees, believing that they would carry out her wishes, and below the signature to the said paper she wrote : " I annul my former will, now lying in :, Ontario, Canada, in the hands of (l.'i"., Ks(j My agent in , who had my affairs in charge, is J.S., Esq., •, Ontario, Canada." H. The said testatrix died on the day of 18— ; and prol)ate of the said last mentioned testamentary paper was on the day of 18—, granted by the Surrogate Court of the County of -to S.S.H. and A.M., of the City of , in England, merchants. 9. The testatrix's son C.E.B., her father S.T., her daughter A.C., her only grandchild, daughter of said A.C., and her son-in- law J.A.C., all predeceased the testatrix. 10. Now produced and shown to me and marked Exhibit " A," iVc. {Here set forth the Letters Probate^ &'c., required to be pro- duced to the Court). 11. I am advised by my solicitors and verily believe that the testamentary paper signed at is effectual as a will of per- sonal property, but is not effectual as a revocation of the will devising the real estate ; and the devise of the real estate being upon trust for sale, p.iid thus operating as a conversion into per- sonalty, I anj in doubt as to the proper course to pursue, and desire to be ad/ised if my proper course is or is not : — (i.) To sell ihe real estate in Ontario, and pay the charges li 1; 90 AFFIDAVITS. made thereon by the said will and codicil, so far as the same yet subsist, and divide the residue in the manner pointed out by the will devising the real estate ; (2.) Or to sell the real estate in Ontario and pay over the pro- ceeds U) the executors under tho said testamentary paper, to be by them applied as directed therein by the testatrix. Sworn, »S:c. I 106. Affidavit of Eligribility of Proposed Trustees. f Forma/ Parts.) 1. I have, for years last past, known and been well ac(]uainted with E. F., of {residence atid additioti), and G.H., of {residence and addition), the persons proposed to be appointed new trustees of the will of A.B., late of {residence and addition), deceased, the testator in the judgment {or order) in this action {or matter), dated the day of 18—, named {or of the indenture of settlement dated the day of — - — - 18—, made on the marriage of A.B. with CD., in the judgment, iVc, mentioned or as the case may fie). 2. The said E.F. has for — years last past c. ,J on business as a wine merchant at in the County of , and the said (i.H. has for years last past carried on busi- ness as a manufacturer at in the County of ^ -. Dur- ing my aforesaid acquaintance with them I have had many oppor- tunities of forming an opinion as to their habits of business and integrity. The said E.F. and G.H. respectively are persons in good credit in the neighborhood in which they respectively carry on business as aforesaid, and are both men of business habits and of strict honor and integrity. 3. In my judgment and opinion, the said E.F. and G.H. are fit, proper and eligible persons to be appointed new trustees of the said will {or indenture of settlement or as the case may de). SURROGATE COURT AFFIDAVITS. 106. Affidavit— Administrator's Oath. In thk Surro(;ate Court of the County of In the Estate of A.B., Deceased. I, CD., of the of {addition) make oath and sa) : I . • • lUt late of the in the County of of in the County of , deceased, died intestate, leaving him surviving his widow {or as the case may be). 2. That I urn the lawful and one of the next of kin of the said deceased. 3. That I will faithfully administer the property of the deceased, by paying his just debts, and distributing the residue (if any) of his estate according to law ; and that I will exhibit under oath a true and perfect inventory of all and singular the property of the said deceased, and render a just and true account of my adminis- tration whenever required by law so to do. Sworn before me at the \ of in the County of •, this , , - day of 18—. ) A Commissioner, &:c. This affidavit is filed on behalf of the applicant. G. H., His Solicitor. ,1' et i - I i ^ 92 107. SLRROGATE COURT AFFIDAVHS. Affidavit— Administrator's Oatli Where Admin isfni for can Depose to all Facts to IauuI Grant. In ihk SuRROdATK Court ok the Countv ok . In the Estate of A.li., I )eceased. I, C.I)., of the of in the County of farmer, make oath and say : 1. That I am the eldest surviving l)rother. of, and the person applying for letters of administration of the property of A.B., in his lifetime of in the County of ■, farmer, but now deceased. 2. That the said deceased died on or about the day of i8— , at , and that he at the time of his death of in the said had his fixed place of abode at the County of . 3. That the said deceased died a widower, leaving one child (a son named — being about — , now under the age of twenty-one years, and - years old), and no other children or descend- ants of any him surviving. 4. That the value of the whole property of the said deceased which he in any way died possessed of or entitled to, and for and in respect of which letters of administration are to be granted is under dollars. 5. That the value of the personal estate and effects is under dollars, and of the real estate is under dollars, and that full particulars and a true appraisement of all said property are exhibited herewith, and are set forth in Exhibit "A" hereto, which contains a full, true and correct inventory and valuation of the real and personal estate and effects of said deceased at the time of his death, so far as I have been able to ascertain the same. 6. That I have made a diligent and careful search in all places where the deceased usually kept his papers, and in the office of the Registrar of this court, in order to ascertain whether the deceased had or had not left any will ; but that I have been unable to dis- cover any will or codicil or testamentary paper, and 1 verily SURROGATE COURT AFFIDAVITS. 93 believe that the deceased died without having left any will or codicil or other testamentary paper whatsoever. 7. That I will faithfully administer the property of tbs said deceased by paying his just debts, and by distributing the residue (if any) of his estate according to law, and that I will exhibit under oath a true and perfect inventory of all and singular the properly of the said deceased, and render a just and true account of my administration, when lawfully thereunto required. Sworn before me at the of County of day of A.D. 18-. in the -, this ) A Commissioner, &c., This affidavit is filed on behalf of the said applicant. G. H.. His Solicitor. " A." Inventory and Valuation above Referred to. In the Surrogate Court ok the County of • . In the Estate of , Deceased. This is Exhibit "A" referred to in the affidavit of sworn before me this day of A.I). 18—. A Commissioner, &c., VALIE. VALUE. Household Goods and Furniture Farmings Implements - - Horses - - Iforned Cattle, Sheep and Swine- .-.--- Money secured to estate by life insurance . - - Cash on hand or in Bank Book Debts, Promissory Notes and other Securi- ties Total Personalty - . - Real Estate, consisting of N.W. half of Lot 24 in 8th Concession of Dover East, 50 acres more or less estimated - - . - A I I IJ m SURROr.ATE (Ol'RT AFFIDAVITS. 108. Affidavit— Administrator's Oath with Will. In The Surrogate Coirt ok the County ok In the Kstate of A. H., Deceased. I, CD., of the of in the County of {atiditiori,) make oath and say : — 1. That I believe this paper writing hereto annexed, marked with the letter " A," to contain the true and original last Will and Testament of .'\.H., late of the of in the County of , and that E. F., the Executor therein named, is dead {or has renounced all his right and tide to the probate and execution of the said Will, or as the case may be). 2. And that I am the residuary legatee in trust named therein (or as the case may he). 3. And that I will faithfully administer the Property of the said deceased according to the tenor of his Will by paying his just debts and the legacies contained in his Will, so far as the same shall thereto extend and the law bind me, and distribut- ing the residue (if any) of the said estate according to law ; and that I will exhibit under oath a true and perfect Inventory of all and singular the Property of the said Testator and render a just and true account of my Administration whenever required by law so to do. Sworn at the of \ in the County of this day of ^ A.D. 18—, before me. A Commissioner, &c. This affidavit is filed on behalf of the applicant. G.H., His Solicitor. 109. SURROGATE COURT AFFIDAVITS. Affidavit of Death, Place of Abode. 9$ In the Surrogate Court ok the County of . • In the Estate cf C. I)., Deceased. I, A. B., of the of- in the County of , (ad- ditioti,) make oath and say :— 1. That I am one of the Executors named in the Will (tfr the party applying for administration of the property of) of the said CD., deceased. 2. That the said deceased died on or about the day of in the year of our Lord i8 — , at , and the said deceased at the time of death had fixed place of abode at — — in the said County of- — (or resided out ^f Ontario, but had at such time property in the said Countv of -). Sworn before me at the \ ■ — of in the | ' County of this day of A.D. i8-. A Commissioner, i*v:c. This affidavit is filed on be'nalf of the applicant. G.H., His Solicitor. 110. Affidavit of Execution of Will Executed after jist December, iS'^j. In the Surrogate Court of the County of In the Estate of A.B., I, CD., of the of Deceased. — in the County of {addition), make oath and say : — I. That I knew A.B., late of - deceased. in the County of - 8 96 KL'RKOC.ATK COURT AFFIDAVITS. 2. T lat on or about the day of , in the year of our Lord one thousand eight hundred and ninety- , I was personally present and did see the paper writing hereunto annexed marked " A " signed by the said A.IJ., as the same now appears, as and for his last NVill and 'I'estanient, and that the same was so signed by the said A.H. in the presence of me and of , of the - - — of in the County of — , who were both present at the sanie time ; whereupon the said — ■ and I did at the re(iuest of the said A. IJ., and in his presence, attest and subscribe the said Will. Sworn County of day i8 -. K'fore me at the j of in the V of , this of A Commissioner, &:c. Tiiis affidavit is filed on behalf of the applicant. G.H., His Solictor. 111. Affidavit of Execution of Will Execuli'd hi'forc ist January^ 1^74' In the Surrogate Court ok the County ok — In the Estate of A. B., Deceased. I, CD., of the of in the County of {addition), make oath and say : — 1. That I knew A.B., late of the - County of , deceased. 2. That on or about the day of • Lord one thousand eight hundred and — of in the — , in the year of our -, I was present and did see the said A.B. sign and declare the paper writing hereto annexed, as and for the last Will and Testament of the said A.B. 3. That I this deponent and E. F. {the second witness) of did subscribe our names as witnesses to the execution of the said Will at the request of the said testator and in the presence of each other, all present together at the same time ; and, lastly, that the several names subscribed as witnesses to the execution of the said SURROOATE I'OURT AFFIDAVITS. 97 Will are of the proper hand-writing of this deponent and the said , respectively. Sworn at in the County of , the day of — 1 A.I). i8— , before me. A Commissioner, &c. This affidavit is filed on l)ehalf of the applicant O.H., His Solicitor. 112. Affidavit— Oath of Executor. In IHK SlJRROtlATK CoI:KT OK THE CoUNTY OK In the Kstate of A. IJ., Deceased. I, C. I)., of the of in the County of {ai/ilition), make oath and say :— 1. That I believe this paper writing hereto prefixed and marked •' A " contains the true and original last Will and Testament {and codicil, as the case may be) of , late of the of , in the County of . 2. That I am the sole executor {^/- one of the executors) therein named, and that I will faithfully administer the property of said testator, by paying his just debts, and the legacies contained in his Will, so far as the same will thereunto e.xtend and the law bind nie, and by distributing the residue, if any, of the said estate according to law ; and that I will exhibit under oath a true and perfect inventory of all and singular the property of the testator, and render a just and full account of my executorship when re([uired by law so to do. Sworn at in the County of , the day of A.I). i8— , before me. A Commissioner, &c. This affidavit is filed on behalf of the applicant. G.H., His Solicitor. 1^ \ \ !L' 98 113. SLRROt;ATE tOl'RT AFUDAVITS. Affidavit of Executor. {Fuller Form J) In imk SuRROdAiK Court of thk Coi'nty ok In the Estate of A.B., Deceased. -, in the County of -, {addition), make I, CO., of — oath and say : - 1. That 1 am the Executor named in the last Will and Testa- ment of , in his lifetime of the — of - — ^— in the County of- -, but now deceased. 2. That the said deceased died on or about the day of 189 , at the of aforesaid, and that heat the time of his death had his fixed place of abode at in the said County of . T,. That the value of the whole property of the said deceased, which he in any way died possessed oi" or entitled to, and for and in respect to which Probate of the said Will is to be granted, is under dollars. 4. 'i'hat the value of the personal estate and effects is under dollars, and of the real estate is under dollars, and that full particulars and a true appraisement of all said property are exhibited herewith, and are set forth in ICxhibit "A" hereto, which contains a full, true and correct inventory and valuation of the real and personal estate and effects of said deceased at the time of his death, so far as I have been able to ascertain the same. 5. That I believe the paper writing hereto annexed and marked as Exhibit " B " hereto, and marked by me, to contain the true and original last Will and Testament of the said . 6. That I will faithfully administer the property of the said testator by paying his just debts and the legacies contained in his said Will, so far as the same will thereunto extend and the law bind me, and by distributing the residue (if any) of the estate according to law, and that I will exhibit under oath a true and perfect inventory of all and singular the property of the n- Sl'RKOf.ATE COURT AKFIPAVITS. (K) testator, and render a just and full account of my executorship, whenever retjuired by law so to do. Sworn before me at in the County of day of • this — 18-. A ('ommissioner, i'ic. This affidavit is filed on behalf of the Executor of the said A. B. G.H., His Solicitor. "A." INVENTORY AND VALUATION AllOVE REKERRKD TO. In the Surrogate Court of the County of . In the Estate of A.li., Deceased. This is Exhibit "A " referred to in the Affidavit of CD., sworn before me this — — day of 18—. VALUE. Household Goods .ind Furniture, Farming Implements, - Horses, Horned Cattle, Sheep and Swine, F'^arm Produce of all kinds, Money secured to estatr, by Life Insurance, - - Rank Stock and other Stock, Stock-in-Trade, - - A Commissioner, vvc. VAI.l K. Cash on hand or in Bank, Money secured by Mort- Kajfe. Book Debts, Promissor\' Notes and other securi- ties, - - Other personal property not before mentioned, - Total Personalty, - $ Real Estate, estimated, (Encumbered to the amount of $ ) it 3 I ? !f' i\l t lOO 114. SURROGATE COURT AKFIDAVITS. Affidavit of Execution of Renunciation of Administration or Probate. In thk Surroc.ate Court of the County ok In the Estate of A.B., Deceased. I, E.F., of the of in the County of {addition), make oath and say : — That I was present and did see the within Renunciation of Administration {or Probate) duly executed by , the parties named therein ; and that the name, " ," set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the same was executed at in the County ot . Sworn before me at in the County of this day of A.D. i8— . ) A Commissioner, &c. This affidavit is filed on behalf of the applicant. G. H., His Solicitor. 115. Affidavit of Plig-ht. In the Surrog.\te Court of the County of In the Estate of A.B., Deceased. I, CD., of the of in the County of — named in {addition), make oath and say : Tiiat I am the — the paper writing now hereunto annexed, purporting to be and contain the last Will and Testament of , late of , deceased, who died on or about the day of i8 — , at — , and who had at the time of his death a fixed place of abode at in the said County of , the said Will bear- ing date the day of i8 — , beginning thus : , ending thus : -, and being subscribed thus : and SURROOATE COURT AFFIDAVITS. lOI having viewed and perused the said Will, and parlicularly observed that , I, the said CD. lastly make oath that the same is now in all respects in the same state, plight and condition as when . Sworn at the of> - in the County of -, this day A.D. 18-, of before me. A Commissioner, &c. This affidavit is filed on behalf of the applicant. G.H., His Solicitor. 116. Affidavit of Search for Will. In The Surrogate Court of the County ok In the Estate of A.B., Deceased. I, CD., of the of in the County of , {addition), make oath and say : — 1. That I am the party applying for administration of the i)ro- perty of the said A.B., late of the of — in the County of — , {addition), deceased. 2. That I made diligent and careful search in all places where the deceased usually kept his papers and in his depositaries, and in the office of the Registrar of this Court, in order to as^,ertain whether the deceased had or had not left any Will, but that I have been unable to discover any \Vill, Codicil or Testamentary Paper, and I verily believe that the deceased died without having left any Will, Codicil or Testamentary Paper whatsoever. Sworn at the of \ in the County of this — day of - — — — A.D. 18— , before 1 me. A Commissioner, &c. This affidavit is filed on behalf of the applicant. G.H., His Solicitor. q: lo: SURROGATE COL'RT AFFIDAVITS. 117. i r i ! 4 4 V ,•!< B ','! Affidavit— Valuation of Real Estate. I\ The Surrogate Court ok the County ok In the Estate of A. B., Deceased. Inventory and Valuation of the Real Estate of the said deceased. General Description ok Property. Value or Amount. I, CD., of the I. That I am — of -, &c., make oath and say :- 2. That the above is to the best ol my knowledge, information and belief, a true Inventory and valuation of the Real Estate of the said deceased at the time of his death, so far as I can at present ascertain. Sworn before me at the _ of in the County of this day of A.D. i8— . A Commissioner, &c. This affidavit is filed on behalf of the applicant. G.H., His Solicitor. 118. SURROGATE COURT AFFIDAVITS. Affidavit of Value of Property. 103 In the Surrogate Court ok the County ok In the Estate of A. B., Deceased. I, C. I-)., of the of- in the ■ County of- {(((idition), make oath and say ; 1. That I am the executor named in the will {ortht party apply- ing for administration of the property as the case may he) of the said A. B. 2. That the value of the whole property ot the said deceased, which he in any way died possessed of or entitled to, and for and in respect to which probate of the said will is {or letters of admin- istration are as the case may be) to be granted, is under dollars. That the value of the personal Estate and effects is under ■ dollars, and of the Real Estate is under dollars and that full particulars and a true appraisement of all said property are exhibited herewith. Sworn before me at the of County Oi me at — — in the this • day of A.D. 18 — . A Commissioner, &c. . 'I'his affidavit is filed in behalf of the applicant G.H., His Solicitor. 119. Affidavit Verifying" Petition For Letters of Guardianship. In the Surrogate Court ok the County ok In the matter of the Guardianship of the Infant Children of C.F. I, A.B., of the of in the County of , (addition), make oath and say : — < 2 to I t 3 W' 104 SURROGATE COURT AFFIDAVITS. J. That I am the petitioner named and described in the said petition. 2. That the various facts, matters and things in the said petition contained and set forth are true in substance and in fact to the best of my knowledge and belief and so far as I have been enabled to ascertain them. Sworn before me the day of 18 — , at the of - — — - in the County of . A Commissioner, &c. JVofe. — Besides the foregoing affidavit there must be fur- nished the proof required by Rule 2. 120. Affidavit— Oath for Guardian. In the Surrogate Court of the County of . In the Matter of the Guardianship of the Infant Child {or Children) of C.F., deceased. I, A. B., of the of in the County of , {addition), make oath and say : — That I am the person applying to be appointed guardian of E. F., the infant child {or as the case may be) of C.F., deceased, in his lifetime of the • of in the County of , who died on or about the day of 18— ; that I will. if I am appointed such guardian, faithfully perform the trust of guardianship ; and that I will, when my said ward becomes of the full age of twenty-one years, or whenever the said guardianship is determined, or sooner, if thereto required by the said Surrogate Court or by the Judge thereof, render to my said ward, or to his executors or administrators, a true and just account of all goods, moneys, interest, rents, profits, property or other estate of my said ward which shall have come into my hands, or possession, or under my control, and will thereupon, without delay, deliver and pay over to my said ward, or to his executors or administrators, the estate, or the sum or balance of money which may be in my hands, or possession, or under my control, belonging to my ward, v;:?'^ s'» ■'.•'* • -. '.-,; .'• ■'^'' # % ^ K SURROGATE COURT AFFIDAVITS. 105 deducting therefrom and retaining such reasonable sum for my expenses and charges as shall, upon an audit of my accounts, be allowed by the Court or the Judge. Sworn before me at the ' of in the County of the day of 18- A Commissioner, &c. This affidavit is filed on behalf of the applicant. • G.H., His Solicitor. 121. Appearance to Warning:. In the Surrogate Court of the County of In the Estate of , Deceased. Enter an appearance herein for , of the City of '■ in the County of , to the Caveat entered by him herein. The said is a nephew of the said deceased, and his father, who was a brother of said deceased, is dead. Dated at this day of — A.D. 18— . , of the City of in the County of - Solicitor for said 3 >« z ? Ii< (1 .1 -i : ' ;: ,J. ' :' 122. APPOINTMENTS. Appointment— General Form. (Court and Style of Cause. J I hereby appoint at the hour of day, the day of 189- — o'clock, in the — — noon, at my office in the Court House in the of , to {set forth the purpose of the appointment) herein, and let all parties then attend. Dated the day of 189—. To Master-in-Ordinary, or Local Master at {or as the case may be.) 123. Appointment for Allowance of Bond Given Pursuant to Order for Arrest. Rule 1040. {Short style of cause.) I hereby appoint day, the at my office in , at the hour of ■ • day of — o'clock — 18- noon, to consider the allowance of the bond given by defendant pursuant to the order for arrest herein, at which time and place let the parties attend. Dated, &c. {Signature of Officer. ) p APPOINTMENTS. 107 124 Appointment to Examine for Discovery. In the High Court ok Justice. Between A. B., Plaintiff, and CD., Defendant. Upon the application of the plaintiff I do appoint day, the day of 18—, at my chambers, No. Street, , at the hour of o'clock in the noon for the examination viva voce upon oath before me of the above- named defendant touching his knowledge of the matters in ques- tion in this action pursuant to the Consolidated Rules in that behalf. Dated this day of 18—. Special Exaniiner. ( Or as the case may be. ) 125. Appointment to Examine Judgment Debtor. {Rule goo.) In the High Court of Justice. Between A.B., Plaintiff, and CD., Defendant. Upon the application of the plaintiff I do appoint Monday, the day of ■ A.D. 18—, at my chambers in the City of in the County of , at the hour of o'clock in the — —noon for the examination 7Hva 7'oce upon oath before me of CD. the above-named defendant touching his estate and effects, and as to the property and means he had when the debtor lia- bility, which was the subject of this action and for which judgment has been obtained against him, was incurred, and as to the property and means he still has of discharging the said judgment and as to the disposal he has made of any property since contracting such V, si 3 I". s» Vi I I io8 AIM'OINTMENTS. debt or incurring such liability, and as to any and what debts are owing to him. Dated at this day of 18—. Special Examiner. (Or as the case may be, ) 126. Appointment for Examination of Assignor. Under Assignments Act, R.S.O. iSg-j, Chap. 147, Sec. J4. In the Matter of an Act respecting Assignments and Preferences by Insolvent Persons R.S.O. 1897, Chap. 147. And in the Matter of an Assignment for the Benefit of Creditors made by A.B., of the • of , Merchant, Insolvent, to E.F., of the of- , Assignee. Upon the application of E.F., the above named assignee, I, CD., Deputy Clerk of the Crown of the High Court of Justice in and for the County of {or Special Examiner, or as the case may l>e), hereby appoint -day the day of 18—, at the hour of o'clock in the noon, at my chambers, No, Street, in the City of , for the examination upon oath of the said A.B. {or as the case may be), touching the estate and effects of the said A.B. and as to the property and means he had when the earliest ot the debts or liabilities of the said A.B. existing at the date of the said assignment, made by the said A.B. on the day of 18—, was incurred, and as to the property and means the said A.B. still has of discharging his debts and liabilities, and as to the disposal he has made of any property since contracting such debt or incurring such liability, and as to any and what debts are owing to him. Dated at the day of 18—. Deputy Clerk of the Crown of the County of , {or Special Examiner, {or as the case may be. ) APPOINTMENTS. 109 127. Appointment in Master's Off^oe. In The High Court of Justice. (S/iorl style 0/ cause.) By virtue of the judgment or order of reference herein, I appoint to consider the matters thereby to me referred Monday the day of instant at o'clock in the forenoon at my Chambers in Osgoode Hall in the City of Toronto {or as the case may he) \ at which time and place all parties concerned are tr attend. Dated this day of 18—. Master in-Ordinary. ( Or as the case tnay be. ) To hear and determine, and to take an account of the amounts due to the plaintiff and A.B., CD. andE.F., made parties defend- ants in the Master's Office. {O^ To consider and adjudicate on the claims of the following creditors, in default of whose appearance their claims will be allowed only as admitted by : or To tax costs and settle ^li- y^oxKy or as the case may be). 128 Appointment Under Overholding- Tenants Act. {R.S.O. i8gy. Chap. 171.) In the County Court of the County of . In the matter of A. B., Landlord, and CD., Tenant. Upon the application of the above-named landlord and upon reading the affidavit of filed, I hereby appoint day the day of 18—, at my Chambers Number Street in the City {or Town) of -, to inquire and determine whether the above named CD. was tenant to the said A. B. for a term or period which has expired or has been determined by a Notice to Quit or for default in payment of rent or otherwise and whether the tenant holds the possession against the right of the landlord if 1^1 no AJ'I'OINTMENTH. ill^H' : i r ■ (, i ' ) i II and whether the tenant does wrongfully Ycfuse to go out of posses- sion, having no right to continue in possession, or how otherwise. Dated at the day of i8— . (Si^na/ufr of Judge.) 129. Appointment of Receiver. {Rtdc 763.) In The Hk.h Court ok Justice. {Style 0/ cause or matter.) {Date.) I hereby appoint {receiver's uame) receiver in this action. {Sigtiature of Master.) 130. Appointment by Master On Reference as to Incumbrances. {Rule 746. ) In the Hkih Court ok Justice, Between A.B., Plaintiff, and CD., Defendant, Having been directed by the judgment in this cause, dated the day of -, to inquire whether any person other than the plaintiff has any lien, charge or incumbrance upon the lands in the pleadings mentioned being {insert d'seription of lands), I hereby appoint the day of next, at o'clock in the noon, at my Chambers at , to proceed with the said inquiries. And you are hereby required to take notice that, if you fail to attend at the time and place appointed, the reference nmy be proceeded with in your absence, and you will be treated as disclaiming all interest in the land in question, and it will be ■ API'OINTMKNTS. t»t dealt with as if you had no claim thereon, and )our claim will be in fact foreclosed. Dated this day of i8- Master. 131. Appointment of Solicitors Under infifnwi'ricii Elections Act. In the Court ok Ai'I'Eai, kor Ontario. The Ontario Controverted Elections Act. Election for the Electoral District of , holdc-n on the - — day of ~ — - i8- , and the Province of Ontario. \ day of iS— . To wit : J Between A. li., I'etitioner, and CD., Respondent. I, A.H., the petitioner above-named, hereby appoint Messrs. -, of the City of in the County of , Solicitors &c., whose offices are at Number Street, in the said City of , my solicitors in the matter of the election petition presented by me herein, and I do hereby authorize the said to act as my agents in the matter of the said election petition, and all notices and papers addressed to me in the matter of the said election petition may be left for me at the office of the said at the above address in . Dated this Witness. day of 18-. A.B. !: .'{ 51 112 132. APPOINTMENTS — ATTORNMENT. Appointment to Tax Costs. In the High Court ok Justice. {Short Style of Causn.) I hereby appoint the day of hour of o'clock in the — i8 — , at the noon, at my Chambers at Osgoode Hall in the City of Toronto to tax the Plaintiffs' Costs of action {or as the case may be). Taxing Officer, or Deputy Clerk of the Crown at {or Dated the day of • as the case may be)T i8— . 133. ATTORNMENT. Attornment to Receiver. {Short Style of Cause ) I, W.P. oi {resitletice and addition) attorn and become tenant to L. M. the receiver appointed in this action for {describe the property) as the same is now in my occupation ; to hold the same at and under the same rent and subject to the samecovenants and conditions as I now hold the same. And I have this day paid to the said L. M. the sum of $ -, for and on account and in part payment of the said rent. Dated the day of i8— . Witness : V.N. oi {residence and addition) ] W.P. f^TTT {or \3V. BILL OF COSTS. Bill of Costs on Quashing* Conviction. In the High Court ok Justice. The Queen against A. 13. Bill of Costs of Defendant. l8q-. March ig. — Instructions to move to quash conviction $ 2 00 Attending bespeak copy of evidence 50 Drawing notice of motion — 3 folios 90 Copj' for service on magistrate 30 Drawing notice to prosecutor and copy 50 Attending for copy of by-law 50 Drawing affidavit of defendant — 7 folios 1 40 Engrossing 70 Attending for copy of evidence 50 Paid Attending swear affidu.it and paid 50 Preparing 2 , xhibits 20 Paid commissi'jner marking Attending file affid.Tvit, and paid 50 Attending serve notice on magistrate 50 Attending serve informant 50 26. — Attending on enlargement i 00 29. — Attending before , J., when order for cer- tiorari granted 5 00 Drawing order fjo Fee on 1 00 Letter to client advising 50 Attending to issue order and paid 50 P.iid filings Attending to issue writ and paid 50 Writ 2 00 Attending to serve 50 Affidavit of service 1 00 Letter to E.F 50 Instructions for recognizance, drawing recog- nizance, affidavits, Ac, and paid 5 00 Fee on allowance of recognizance 1 00 50 20 ao 10 02 40 I 10 02 45 3 114 BILL OF COSTS. April 3. — Instructions to move for rule nisi i 00 Attending to file return and paid 50 40 Motion paper — 7 folios — and paid filing 1 40 10 Attending on motion for rule — granted 10 00 Drawing rule nisi — 7 folios 2 10 Fee on i 00 Attending to issue and paid 50 i 60 Copy for sei vice on magistrate i 55 Copy for service on informant 1 55 Attending for admissions for service 50 Instructions to move to make rule absolute 2 00 Attending to set down and paid 50 80 Instructions for brief 2 00 Brief 2 90 8. — Attending on motion — rule nisi made absolute, with costs 25 00 Fee after argument i 00 Attending bespeak, and for order absolute and paid I 00 60 Fee on order i 00 Letter to client, advising 50 02 Copy rule absolute, to serve 75 Attending to serve 50 Drawing bill of costs — 7 folios 2 10 Copy to serve . . 70 10. — Attending for appointment to tax 50 Appointment and copy 50 Attending to serve 50 Copy rule absolute for taxing officer 30 13. — Attending on taxation and paid 1 00 i 20 135. BONDS. Bond on Appeal to the Court of Appeal Where Security is Required. Rule 8jo. Know all men by these presents that we (naming all the oblig- ors with their places of residence and additions), are jointly and severally held and firmly bound unto {naming the obligees with their places of residence and additions), in the penal sum of dollars, for which payment, well and truly to be made, we bind ourselves, and each of us by himself, our, and each of our heirs, executors and administrators, respectively, firmly by these presents. Dated this day of i8— . Whereas {the appellant) complains that, m the giving of a cer- tain judgment in a certain suit in Her Majesty's High Court of Justice for Ontario, between {naming the parties to the cause) manifest error hath intervened, wherefore {the appellant) desires to appeal from the said judgment to the Court of Appeal. [ Where it ts desired also to give security in order to stay execu- tion insert. And whereas the said {appellant) is desirous of having the execution of the said judgment stayed pending the ai)peal.] Now the condition of this obligation is such, that if {the appel- lant) do and shall effectually prosecute such appeal, and pay such costs and damages as shall be awarded, in case the judgment aforesaid to be appealed from shall be affirmed or in part affirmed, [/« order to stay execution {See Rule S^f) where the Judgment directs sale or delivery of possession of property add, and during the possession of the property in question in the said action {or otherwise describing it) by {the appellant) he shall not commit or suff"er to be committed any waste on the property, and that if the judgment be affirmed, or in part affirmed, he shall pay the value of the use and occupation of the property from the time of the appeal utitil the delivery of possession thereof {add, if ordered, in case the Judgment is for the sale of the property and payment of any deficiency arising upon the sale, and that in case of any de- ficiency arising upon a sale as directed by the said judgment he shall pay the amount of the deficiency) or the part thereof as to C3 3 z \ \ i I no BONDS. which the judgment may be affirmed if it be affirmed only as to part [(idd, if ordered, 7vhere the judgment directs the payment of money, and shall pay the amount by said judgment directed to be paid, either as a debt or for damages or costs or the part thereof as to which the judgment may be affirmed, if it be affirmed only as to part, and all damages and costs awarded against {the appel- lant) on such appeal] \where the judgment directs the delivery of documents or personal property add., and shall obey the order to be made by the Court of Appeal] then this obligation shall be void, otherwise to remain in full force. [ Where the security is given pursuant to any order, the bond will recite the ofder and the condition will be varied if necessary according to the terms of the order. \ Signed, sealed and delivered, I in the presence of | Note. — Affidavits of execution (Form No. ^gj and of justi- fication (Form No. 66) must be annexed to and filed with the bond. 136. Bond on Appeal to the Supreme Court. Know all men by these presents that we, A. B. (jippellant), of the City of in the County of , Merchant, CD., of the same place. Manufacturer, and E. F., of the same place, Agent, are jointly and severally held and firmly bound unto (l.H. {respondent) in the penal sum of dollars, for which payment well and truly to be made we bind ourselves, and each of us, by himself, our and each of our heirs, executors and administrators, respectively, firmly by these presents. Dated this day of A.D. i8— . Whereas a certain action was brought in the High Court of Justice for Ontario liy the said A.B. to recover the sum of $ against the said G.H. {or as the case may b") : And whereas judgment was given in the said Court against the said A B., who appealed from the said judgment to the Court of Appeal for Ontario : And whereas judgment was delivered in the said action in the BONDS. said last-mentioned Court on the 117 day of 18- dismissing the appeal of the said A.B. to the Court of Appeal : And whereas the said A.B. complains that, in the giving of the said last-mentioned judgment in the said action upon the said appeal, manifest error hath intervened : Wherefore the said A.B. desires to appeal from the said judgment of the Court of Appeal for Ontario to the Supreme Court of Canada : And whereas the said A.B. is -^^sirous of having the execution of the said judgment stayed pending the appeal : Now ihe condition of this obligation is such that, if the said A.B. do and shall effectually prosecute his said appeal, and pay such costs and damages as may be awarded against him in case the judgment aforesaid to be appealed from shall be affirmed, or in part aftirmed, by the Supreme Court of Canada, and shall pay the amount by said judgment of rhe Court of Appeal directed to be paid, either as a debt or for damages or costs, or the part thereof as to which the judgment may be affirmed, if it be affirmed only as to part, and all damages awarded against the said A. B., on such appeal, then this obligation shall be void, otherwise to remain in full force and effect. A.B. [seal.] presence ot ;- C.I). [seal. J ) E.F. [seal.] Note. — Affidavits of exccu'ron {Form No. jp) and of justifica- tion {Form No. 66) must be annexed to and filed tvith the bond. Signed, sealedanddelivered \ in the presence of !37. Bond on Appeal to the Privy Council. [Rule 831.) Know all men by these presents, that we {naming all the obligors, with their places of residence and additions), are jointly and severally held and firmly bound unto {naming the obligees, ivith their places of residence and additions), in the penal sum of two thousand dollars, for which payment, well and truly to be made, we bind ourselves, and each of us by himself, our, and each of our heirs, executors and administrators, respectively, firmly by these presents. Dated this day of in the /ear of our Lord 18—. Ii8 BONDS. I Whereas {the appellant) oWtgts, that in the giving of judgment in a certain action in Her Majesty's Court of Appeal for Ontario, between {the respondent) and {the appellant), manifest error hath intervened, wherefore {the appellant) desires to appeal from the said judgment to Her Majesty, in Her Majesty's Privy Council : Now the condition of this obligation is such, that if {the appel- lant) do and shall effectually prosecute such appeal, and pay such costs and damages as shall be awarded, in case the judgment aforesaid to be appealed from shall be affirmed, or in part affirmed, then this obligation shall be void, otherv.ise shall remain in full force. ( Where it is also desired to give security to stay execution addi- tional clauses should be added similar to those in Bond on appeal to Court of Appeal.) NOTE. — Affidavits of execution {Form No. 59) and of justi- fication {Form No. 66) must be annexed to and filed with the bond. 138. Bond on Arrest in Mesne Process. {Rule loj'j.) Know all men by these presents that we {naming the defendant arrested and the sureties ivith their places of residence and addi- tions) are jointly and severally held and firmly bound unto {nam- ing the plaintiff with his place of residence and addition) in the '^. nal sum of {double the amount directed by the order to be •'■■- '.subject to Rule ioj6), for which payment, well and truly to 1 ': .de, we bind ourselves and each of us by himself, our and e'-.c.'- ...I our heirs, executors and administrators, respectively, firmly •V ' se presents. Dated this day of 18—. Whereas the above bounden {naming the person arrested) was arrested under an order for arrest : Now the condition of this obligation is such that, if the said {naming the defendant arrested) shall pay the amount by any judgment in said action recovered or directed to be paid, either as debt or for damages or costs, or shall render himself or shall BONDS. 119 he rendered by the said {tiatning the sureties) to the custody of the sheriff of , then this obligation sh?,il l)e void, other- wise shall remain in full force. In witness whereof we have hereto set our hands nr-d ceals the day and year above written. Signed, sealed and delivered in presence of } 139. Bail Bond to the Sheriff. Under Ordcf for Arrest. {Rule lojo.) Know all men by these presents that we CD. {the defendant arrested) o{- , E. F. of , and G. H. of ^ , are held and firmly bound to , Es([., Sheriff of the County {or City) of , in the sum of {usually double the sum endorsed on the writ) to be paid to the said Sheriff or his attorney, executors, administrators or assigns, for which payment well and truly to be made we bind ourselves, and each of us for himself, our and each of our heirs, executors and administrators, firmly by these presents. Dated this day of 18—. Whereas the above bounden CD. was on the day of ■ 18 — taken by the said Sheriff under an order for arrest issued out of the High Court of Justice bearing date the day of • 18—, in an action at the suit of A, B. And whereas a copy of the said order and every memorandum, notice and endorsement subscribed thereto or made thereon was delivered to the said C D. : And whereas he is by the said order required to cause security in the said action to be put in for him in the said Court within ten days after his arrest under said order : Now the condition of this obligation is such that if said CD. do cause security to be put in for him in the said action, as required by the said order, then this obligation to be void, other- wise to remain in full force. CD. [seal.] E.F. [seal.] G.H. [seal.] Signed, sealed and delivered ] in the presence of J lao BONDS. Affidavit ok [ustikication Of sureties in foregoing bond. {Rule lojy.) In the High Court of Justice {or as may de.) Between E.F., Plaintiff, and J.K., Defendant. I, A. H. {name of one surety) of , {addition)^ make oath and say as follows : - 1. I am one of the sureties in the annexed bond. 2. I am a resident inhabitant of Ontario and am a house- holder {or freeholder) in the of . 3. I am worth and own property to the amount of $ {the penalty in the bond) over and above what will pay all my debts (// surety in any other matter add, and every othrr sum for which I am now liable or for which lam now bail or surety.) 4. I am not bail or surety for any plaintiff or defendant except in this action {or if hail or surety in any other action add, except for G.H. in an action in the High Court of Justice, in which X.Y. is plaintiff and G.H is defendant, in the sum of , as tne case may be, specifying the several causes or matters 7vith the Court in ivhich each is and the sums for ivhich the deponent is bail or surety). 5. I have not been indemnified for entering into the said bond by the solicitor or solicitors concerned for the defendant. 6. And I, C.I). t-Vc. {namin^^ the other surety and proceedings; to the like effect ; or separate affidavits may be made). The above-named deponents \ A.B. and CD. were sworn , before me herein at ,>• the day of I 18-. ) A Commissioner in H. C. J. &c. Note. — See affidavit of executiou, Form No. ^g. BONDS. I»I 140. Bail Bond to Sheriff on Ca. Sa. Know all men by these presents that we, CD. of the Town- ship of in the County of , farmer, E. F., of the Town of • in the County of , banker, and G.H., of the Town of in the County of , merchant, are jointly and severally held and firmly bound to X. Y., Esq., Sheriff of the County of , in the penal sum of {double the amount for which the debtor is confined) of lawful money of Canada, to be paid to the said Sheriff, his certain attorney, executors, adminis- trators or assigns, for which payment to be well and faithfully made, we bind ourselves and each of us by himself, our and each of our heirs, executors and administrators, respectively, firmly by these presents. Sealed with our seals and dated ihis day of i8— . Whereas the said CD. was on the day of 18-- arrested under and by virtue of a writ of capias ad satisfaciendum issued out of the High Court of Justice and directed to the Sheriff of the said County of , returnable immediately after the execution thereof, to satisfy , the plaintiff, of a judgment in the said Court in his favour against the said CD., defendant, the said writ being issued to recover the sum of dollars, being for debt and costs, and endorsed to the Sheriff to levy said sum with six dollars for writ and Sheriff's fees poundage and incidental expenses, and being now in the custody of the said Sheriff under the said writ, desires to give bail and obtain his release from close custody : Now the condition of the above bond is such that if the above bounden CD. shall observe and obey all notices or orders of Court touching or concerning him, the said C D., or his appearing to be examined viva voce or his returning and being remanded into close custody; and if they, the said E. F. and G. H., upon reasonable notice to them or any of ihem requiring them so to do, will produce the said CD. to the said Sheriff; also if the said CD. shall within thirty days from the execution hereof cause the said bond or any other one that may ba substituted therefor, according to the provisions of the statute in that behalf, to be allowed by the Judge of the County Court of the County of , and s\ich allowance to be endorsed thereon by the said 122 BONDS. Judge, then the al)ove obligation to be void, otherwise to be and remain in full force and virtue. Signed, sealed and delivered in presence of CD. [SKAL.] E. F. [seal.] G.H. [sKAf,.] Note. — The sureties shall be not less than two fiof more than four. R.S.O. i8gy, chap. So, sec. /j. Affidavits of execution and Justification should be annexed to the bond. For affidavit of execution see Form No. ^g. For affidavit of Justijicat ion see Form No. 66, and R.S.O. i8gy, chap. So, sec. i6. 141. Bond in Interpleader Proceeding* For value of goods seized. Know all men by these presents that we, E. F. of the of in the County of , {addition or occupation), and G.H. of the of in the County of -, {addition or occupation)^ are jointly and severally held and firmly bound unto A. B. in the sum of dollars, to be paid to the said A. B. , his heirs, executors or administrators, for which payment well and faithfully to be made we bind ourselves and each of us by himself, our and each of our heirs, executors and administrators, respec- tively, firmly, by these presents. Sealed with our seals. Dated this day of i8 — . Whereas the said A.B. has lately recovered a judgment in the High Court of Justice against one CD. for $ , and for hav- ing execution of said judgment a writ of fieri facias was issued thereon out of this Court directed to the Sheriff of the County of , who under the said writ seized in execution certain goods and chattels as and for the goods and chattels of the said CD., which goods and chattels are alleged to be the property of the above-named E.F.; And whereas by interpleader order of the Master in Chambers {or as the case may be), dated the day of i8— , upon the application of the said Sheriff", it was amongst other things ordered that upon payment of the appraised value of the said HONDS. 133 goods and chattels into Court by the said E. F. within ■ days from the date of that order, or upon his giving within the same time security to the satisfaction of the Master in Chaml)ers for the payment of the same amount by him the said E. F. accord- ing to the directions of any order to be made herein, and upon payment to the above-named Sheriff of his possession money, the said Sheriff do withdraw from the possession of the said goods seized by him and claimed by the said E. F. as aforesaid ; and that unless such payment should be made or such security given within the time aforesaid, the said Sheriff should proceed to sell the goods and chattels claimed by the said E.F. and pay the pro- ceeds of such sale, after deducting the expenses and possession money from the date of the said order, into Court in the said cause to abide further order therein, and that the parties should proceed to the trial of an issue in which the said E.F. should be plaintiff and the said A.IJ. should be defendant, and that the question to be decided should be whether at the time of the seizure the said goods and chattels seized by the said Sheriff and claimed by the said E.F. or any of them were the property of the said E.F.; And whereas the said E. F. instead of paying the said appraised value into Court has elected to give the security required by the said order, and the above written obligation is entered into for the purpose of such security ; Now the condition of the above written obligation is such that if upon the trial or determination of said issue so directed as aforesaid the verdict or other determination of the said issue shall be in favor of the said A.B., and the said E.F. and G.H., or one of them, their or one of their heirs, executors or administrators, shall pay or cause to be paid unto the said A B. the sum of dollars, or a less amount thereof, according to the direc- tions of any order of the Court or a Judge to be made in the matter of the said interpleader ; or if upon trial or other determination of the issue the verdict or other determina- tion, as the case may be, shall be in favor of the said EF. ; then this obligation to be void and of none effect ; otherwise to be and remain in full force and virtue. Signed, sealed and executed \ E F [seal 1 in the presen ce of | ^^ ^^^^^-^ and Note. — See affidavit of execution, affidavit of justification. Form No. 66. Form No. jg, it 3 to I H m 124 MONDS. 142. Bond of Committee of Lunatic. Act n'spcctitifi iMtmtics, li.S.O., /A'y/, Chap. 6^^ Sec. to, ami Jiules 66, •;-y(j ami y6^. Know r.'' men l)y these presents, that we C.H. of itc, E.K. of iSrc, and (Ml. of iVc, are jointly and severally held and firmly hound unto I'he Accountant of the Supreme Court of Judica- ture for Ontario, his successors and assigns, in the penal sum of $ {double the amount of the personal estate and of the annual rents and profits of the real estate) to he paid to the said Account- ant, his successors or assigns, or his or their certain attorney or attorneys, for which payment well and truly to he made we liind ourselves, and each of us hy himself, our and each of our heirs, executors and administrators, respectively, firmly by these presents. Sealed with our seals and dated this — day of 1 89-. Whereas by an order made by the High Court of Justice for the I'rovince of Ontario, dated the day of 1S9— ,and made " In the matter of A. li., a lunatic," it is declared that the said A.H. is a lunatic, and it is by the said order referred to the Local Master of the Supreme Court of Judicature nt to ap- point some fit and proper person committee of the person and estate of the said A. li. upon such jierson giving security to the satisfaction of the said Master, before he should intermeddle with the estate of the said A.H. ( Where the order deelarinj^ the lunacy also appoints the committee this recital must he varied accordingly;) And whereas the said Master hath approved of the above bounden E.F. and G. H. as sureties for the said C.H. and hath also approved of the above written obligation with the underwrit- ten condition as a proper security to be entered into by the said C.H., E.F. and (». H pursuant to the said order, and in testi- mony thereof hath signed an allowance in the margin hereof ; Now the condition of the above written obligation is such that if the above bounden C.B. do and shall once in each year, or oftener if thereunto required by the said Court, duly account for all and every the sum and sums of money which he shall so receive on account of the rents and profits of the real estate, and in respect of the personal estate of the said A.B., and do and shall HONIIS. •25 truly pay into Court the balances which shall from time to time he certified to be due fronj him at such times as may be directed, and do within six months after his a|)pointment as such comnuttee file in the office of the s;lid Master or of such officer as may be appointed for that purpose, a true inventory, verified by the oath of the said C.H., of the whole real and personal estate of the said liinai c, stating the income and profits thereof, and setting forth the debts, credits and effects of the said lunatic, so far as the same shall have come to the knowledge of the said C.H.; and in case any properly belonging to the estate of the said lunatic shall be discovered by the said C.H. after the filling,' of such inventory, if the said C.H. shall file in the office of the said Master, or of such officer appointed as aforesaid, a true account of the sanje, verified by the oath of the said C.I5., from time to time as the same shall be discovered ; and if the said C.H. shall be careful to see the houses, buildings and structures of the said lunatic to be well and sufficiently re{)aired, and so kept and maintained, so long as he shall be committee of the said lunatic's estate, and shall carefully preserve and keep all the deeds, evidences and writings touching the real and personal estate of the said lunatic as low are or hereafter shall come to his hands, custody or possession, and shall provide for the person of the said lunatic and for his safety, and shall not alienate his interest in the custody of the person and estate of the said lunatic, and shall in all things observe and per- form the orders and directions of the said Court touching or con- cerning the person and estate of the said lunatic, and in all things demean himself as a careful and faithful committee of the person and estate of the said lunatic, then the above obligation shall be void, otherwise the same shall be and remain in full force and virtue. Signed, serled and delivered in j C.H. fsEAL.l presence of . E.p. [seal.] C..H. [SKAI..] Note. — Affidavits proviii^ the due execution of the bond [Form No. 59) and affidavits of justijication try the sureties [Fonn lYo. 66) must accompany. ■ >4 3 H I 126 BONDS. 143. Replevin Bond. {Rule 10/ J.) Know all men by these presents, that we, A.H. (//le plaintiff) of , VV.G. of , and J.S. of , are jointly and severally held and firmly hound to W. P., Escjuire, Sheriff of the County of , in the sum of dollars of lawful money of Canada, to be paid to the said Sheriff, or his certain attorney, executors, administrators or assigns, for which payment to be well and truly made we bind ourselves, and each and every of us in the whole, our, and each and every of our heirs, executors and administrators, firmly by these presents. Sealed with our seals. Dated this -day of and -, one thousand eight hundred The condition of this obligation is such, that if the above bounden A. li. do prosecute his suit with effect and without delay against C.I), for the taking and unjustly detaining {or unjustly detaining, as the case may bt) of his cattle, goods and chattels, to wit : {here set forth the property distrained, taken or detained), and do make a return of the said property, if a return thereof shall be adjudged, and a' j do pay such damages as the defendant shall sustain by the issumg of the order of rci)lcvin if the said A.B. fails to recover judgment in his said suit, and further do observe, keep and perform all rules and orders made by the Court in the said suit 1 7vhere Rule 1074 applies add and do indemnify and save harmless the defendant from all loss and damage which he may sustain by reason of the seizure of the said cattle, goods and chattels {as the case may be), and of any deterioration of the same in the meantime in the event of their being returned, and all costs and expenses which the defendant may incur, including reasonable costs not taxable between party and party], then this obligation shall be void, or else remain in full force and virtue. Signed, sealed and delivered \ A.B. [seal.] in the presence of \ W.G. [seai,. ] J.S. [seal.] BONDS. ASSK-.NMENT OK REPLEVIN BOND. 127 Know all men by these presents, that I, W. P., Esquire, Sherifil of the County of , have at the request of the within named C.D., the defendant in this cause, assigned over this Replevin Bond unto the said CD., pursuant to the Rules of the Supreme Court of Judicature in that behalf In witness whereof I have hereunto set my hand and seal of office this day of , one thousand eight hundred and Signed, sealedanddelivered -, in the presence of ' J Note. — Affidavits of execution {Form No. ^g) and of justifi- cation {Form \o. 66) should be annexed to and filed with the bond. 144. Bond —Security for Costs of Action. Rules iigS et sec/. Know all men by these presents that we A.B., of the of in the County of , {addition), and CD., of &c., and E. F., of &C., are jointly and severally held and firmly bound unto (1 H., of Sec, in the penal sum of four hundred dollars {or such other sum as may be ordered), of lawful money of Canada, to be paid to the said G. H., his executors, administrators or assigns, for which payment well and truly to be made, we bind ourselves and each of us by himself, our, and each of our heirs, executors and administrators, respectively, firmly by these presents. Sealed with our seals. Dated this — Whereas by ^ay of 18- an order dated the day ot 18— and made in a certain action now pending in the High Court of Justice, wherein the said A.B. is plaintiff and the said G.H. is defendant, it was ordered that the said A.B. should within four weeks from the service of the said order give security on his behalf in the penal sum of four hundred dollars, to answer the costs of the said G.H. of the said action ; 3 s *: 128 BONDS. Now the condition of this obligation is such that if the above bounden A.H., CD. and E.F., or one of them, their, or one of their heirs, executors or administrators, do and shall well and truly pay or cause to be paid to the said G.H., his executors, administrators or assigns, all such costs as may be awarded to him the said G. H. in the said action, then this obligation shall be void, otherwise to remain in full force and virtue. Signed, Sealed and Delivered in presence of A.B. CD. E.F. [SKAL.] [seal.] [seal.] Note. — Affidavits of execution {Form iVo. ^g) and of justifi- cation of each surety {Form No. 66) must be annexed to and filed 7vith the bond. 145. Bond of Indemnity to Sheriff by Plaintiff, Know all men by these presents that we, A.B. &c., and CD. &c., are held and firmly bound to E. F., Esquire, Sheriff of the County of -, in the sum of dollars of lawful money of Canada, to be paid to the said Sherifr, or his certain attorney, executors, administrators or assigns ; for which payment well and truly to be made we bind ourselves, and each of us for himself, in the whole, our and every of our heirs, executors and administrators, respectively, firmly by these presents. Sealed with our seals and dated the day of • in the year of our Lord one thousand eight hundred and . Whereas the above-named E.F., by virtue of Her Majesty's writ of fieri facias to him directed, issued at the suit of A.B. out of the High Court of Justice, and returnable immediately after execution thereof, to levy on the goods and chattels of L. M. the sum of dollars, hath seized and taken divers goods and chattels as the proper goods and chattels of the said L.M. in execution ; And whereas since the seizing and taking of the said goods and chattels in execution as aforesaid the said goods and chattels have been claimed by one P. R. , who hath given notice to the said Sheriff not to proceed to the sale thereof; Now the condition of the above obligation is such that if the above bounden A.B. and CD., or one of them, their or one of uoxns. 129 their heirs, executors or administrators, do and shall from time to time and at all times hereafter well and sufficiently save harm- less and keep indemnified the said Sheriff, his Deputy and officers, each and every of them, of, from and against all action and actions, losses, costs, charges, damages and expenses, and against any proceeding or proceedings at law or in ecjuity, which are now or may hereafter be brought, commenced or prosecuted, rightfully or wrongfully, against the said Sheriff, his Deputy or officers, or any or either of them, for or on account, or i)y reason, or by means of seizing or selling the said goods and chattels by virtue of the said writ, or paying to the said A. B. the money arising from the sale thereof, then the above-written obligation to be void, otherwise to stand and remain in full force, vigor and effect. Signed, sealed and delivered in presence of 1 A.H. CD. [seal.] [seal.] i4G Bond of Indemnity to Sheriff by Defendant. Know all men by these presents, that we, C. D of the of in the County of , {addition), and E.P"., of &c., and (j.H., of &c., are held and firmly bound unto X Y., Esquire, Sheriff of the County of ■ — -, in the penal sum of dollars of lawful money of Canada, to be paid to the said Sheriff, or his certain attorney, executors, administrators or assigns, for which payment to be well and faithfully made, we bind ourselves, and each of us by himself for the whole and every part thereof, and the heirs, executors and administrators of each and every of us, re- spectively, firmly by these presents. Sealed with our seals and dated this day of • in the year of our Lord, one thousand eight hundred and ninety — . Whereas the said X.Y., as such Sheriff" of the said County, hath, under and by virtue of a writ of fieri facias, issued out of the High Court of Justice and to him directed, against the goods and chattels of the said CD., Defendant, at the suit of A.B., Plaintiff, seized and taken in execution the goods and chattels of the said Defendant enumerated in the Schedule hereunto annexed ; And whereas the said Sheriff, at the instance and request of the above bounden CD., hath consented, upon being properly indem- MM 3 «: il^ i I30 BONDS. nified, to permit the said go ids and chattels, so seized, to remain in the possession of the said Defendant, for his the said Defendant's benefit, until the same may be required to be sold in satisfaction of said writ. And whereas, also, the above bounden CD., E.F. and G H. are desirous to indemnify and hold harmless the said Sheriff, his Deputy Sheriff and ofKicers, from all liabilities which may accrue to them or either of them under such writ ; Now the condition of the above obligation is such, that if the said CD., E. F. and G. H. , or one of them, their or one of their heirs, executors or administrators shall keep safely and produce, or cause to be produced, to the said Sheriff, or any person by him appoint- ed, all and singular the goods and chattels in the said Schedule mentioned, when and where the said Sheriff shall demand and require the same to be produced ; And, also, if the said CD., E.F. and G. H., or one of them, shall save and keep harmless, and fully indemnify the said Sheriff, his Deputy and officers, for any expenses which he, the said Sheriff, his Deputy and officers, may incur under or by reason of the said writ, and against all or any action or actions, or costs or damages arising from any action or actions, which may be brought for, or by reason of the said Sheriff, his Deputy or officers, entering or re-entering into or upon any land or lands, tenement or te lements, in order to obtain such goods and chattels, or for or by reason of any delay in the sale of the said goods and chattels, or any part thereof, or for or by reason of the said Sheriff being sued for a false return of or upon the said writ, or upon any other writ of fieri facias issued or to be issued against the goods and chattels of the said C D. prior to the discharge of the first named writ ; or otherwise, in respect of the said Sheriff having taken and accepted of this obligation, instead of keeping actual possession of the said goods and chattels, and proceeding at once to a sale thereof: And, also, shall and will save and keep harmless and indemnify the said Sheriff, his Deputy and officers from and against all other loss or damage which may arise or occur for or by reason of any of the causes aforesaid, then and in such case this obligation to be void, otherwise to remain in full force, virtue and effect. Signed, sealed and delivered in 'i presence of I CD. SEAL.' E.F. SEAL." G.H, [seal. 147. SURROGATE COURT BONDS. Administration Bond. Know all Men by these presents, that we, A.H. of &c., CD. of Sec, and E.F. of &c., are jointly and severally held and firmly bound unto , Esquire, the Judge of the Surrogate Court of the County of , in the sum of dollars, to be paid to the said , Esquire, or the Judge of the said Court for the time being ; for which payment, well and truly to be made, we bind ourselves and each of us for the whole, our and each of our heirs, executors and administrators, respectively, firmly by these presents. Sealed with our seals and dated the day of in the year of our Lord i8 — . The condition of this obligation is such that if the above- named A.l>., the administrator of all the property of , late ot in the County of , deceased, (who died on or about the day of i8— ) do, when law- fully called on in that behalf, make or cause to be made a true and perfect inventory of all the property of the said decea.sed which has or shall come into the hands, possession or knowledge of the said A. B., or into the hands or possession of any other per- son or persons for him, and the same so made do exhibit, or cause to be exhibited, into the Registry of the Surrogate Court of the County of , whenever required by law so to do, and the same property, and all other property of the said deceased at the time of his death which at any time after shall come into the hands or possession of the said A.B., or into the hands or possession of any other person or per- sons for him, do well and truly administer according to law ; (that is to say) do pay the debts which the said deceased did owe at his decease and further do make or cause to be made a true and just account of his said administration whenever required by law, and all the rest and residue of the said property do deliver and pay unto such person or persons respectively as shall be entitled thereto under the provisions of any Act of the Legislature now lii I 3 I i ' 1 I'll ■j 1 132 SURROGATE COURT BONDS. in force, or that may hereafter be in force in Ontario ; and if it shall hereafter appear that any last will or testament was made by the deceased, and the executor or executors therein named do exhibit the sat ie ur' .r said Court, making recjuest to have it allowedand appio ct dingly, if the said A.B. being there- unto required, do iciiUer lUid deliver the said Letters of Adminis- tration (approbatiori of such testament being first had and made) in the said Court, then '^' is or' . 'ion to be void and of no effect, otherwise to remain in full force and v' tue. Signed, sealed and delivered \ in the presence of ) A.B. [seal.] CD. SEAL.' E.F. [SEAL.^ Affidavit of Justification by Sureties — Administration Bond. In the Surrogate Court ok the County of In the estate of G.H., Deceased. We, CD. of in the County of , {addition), and E.F. of in the County of , {addition), severally make oath and say : — That we are the proposed sureties on behalf of the intended administrator of the property of , deceased, in the within bond named, for the faithful administration of the said property of the said deceased; and I, the said CD., for myself make oath and say that I reside at in the County of , and am — dollars over and above worth property to the amount of • all encumbrances, and over and above what will pay my just debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser or otherwise. And I, the said E.F., for myself, make oath and say that I reside at in the County of , and am worth property to the amount of — — dollars, over and above all encumbrances, and over and above what will pay my just debts, and every other SURROGATE COURT BONDS. '33 sum for which I am now bail, or for which I am liable as surety or endorser or otherwise. The above-named CD. and E.F. were severally sworn before me the day of A.D. i8— , at — - — in the County of A Commissioner, &c. This affidavit is filed on behalf of the applicant. X.Y., His Solicitor. Ai'KiUAViT OK Execution of Administration Bond. In the Surrogate Court ok the County of In the Estate of , I,- of Deceased, in the County of , {addition), make oath and say : That I was present and did see the within bond duly executed by A.B., CD. and E.F., three of the parties named therein ; and that the name " -", set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the same was executed at in the County of . Sworn before me at in the County of — day of this — i8— . A Commissioner, &c. This affidavit is filed on behalf of the applicant. X.Y., His Solicitor. / iM n.; i. a: 3 i ft k w I I S 134 148. SURROGATE COURT BONDS. Administration Bond with Will Annexed. Know all men by these presents, that we, A.B. of the &c., C. I), of the &c., and E.F. of the &c., are jointly and severally held and firmly bound unto , the Judge of the Surrogate Court of the County of , in the sum of ■ dollars, to be paid to the said or the Judge of the said Court for the time be- ing; for which payment, well and truly to be made, we bind our- selves and each of us for the whole, our and each of our heirs, executors and administrators, respectively, firmly by these presents. Sealed with our seals and dated the day of — in the year of our Lord 189—. The condition of this obligation is such that if the above-named A.B., the administrator of the property of , late of the of in the County of , deceased, (who died on or about the day of 189 — ), do, when lawfully called on in that l)ehalf, make or cause to be made a true and perfect inventory of all and singular the property of the said deceased which has or shall come into the hands, possession or knowledge of the said A.B., or into the hands or possession of any other person or persons for him, and the same so made do exhibit or cause to be exhibited into the Registry of the Surrogate Court of the whenever required by law so to do, and the same property and all other the property of the said deceased at the time of his death which at any time after shall come into the hands or possession of the said A.B. , or into the hands or posses- sion of any other person or persons for him, do well and truly administer according to law : (that is to say) do pay the debts which the said deceased did owe at his decease, and then the legacies contained in the said Will annexed to the said Letters of Administration to the said A.B. committed, so far as such property will thereunto extend and the law bind him, and further do make, or cause to be made, a full, true and just account of his said administration whenever required by law, and all the rest and residue of the property shall deliver and pay unto such person or persons as shall be by law entitled thereto ; then tliis obligation SURROGATE COURT BONPS. 135 to be void and of no effect, or else to remain in full force and virtue. Signed, sealed and delivered \ in the presence of A.B. SEAL.] CD. SEAL.] E.F. SEAL.] Note. — For affidavits of execution and of justification, see preceding form. 149. Guardian's Bond. Know all men by these presents that we, A.B. of the of in the County of , {addition,) and CD. of &c., and E.F. of &c., are jointly and severally held and firmly bound unto G. H., J.K., L.M., &c., the infant children of — , late of the of in the County of — , deceased, and to each and every of them, in the sum of dollars, to be paid to the said G.H., tS:c., their and each of their executors, administrators or assigns?, for which payment to be well and truly made, we do bind ourselves, and each and every of us, our and every of our executors and administrators, respectively, firmly by these presents. Sealed with our seals. Dated the day of A.D. 18-. Whereas the said A.B., being appointed guardian of the persons and estate of the said infants by the Surrogate Court of the , according to the statute in that behalf, is required to give security for the performance of the said trust : Now the condition of this obligation is such that if the above bounden A.B. shall faithfully perform the said trust, and the said A.B. or his executors or administrators will, when the said wards respectively become of the full age of twenty-one years, or when- ever the said guardianship shall be or is determined, or sooner if thereunto required by the said Surrogate Court, render to each of the said wards, or to their respective executors or administrators, a true and just account of all goods, moneys, interest, rents, profits, property or other estate of such wards which shall have come into the hands or possession or under the control of the ' mm S s CO s > ^ ID k ■ , 0: ^! p r > i 136 SIRKOC.ATE COURT BONDS. said A.B. and will thereupon exhibit under oath and render into the said Court for audit and allowance a just and full account of his guardianship, and will thereupon without delay deliver and pay over to each and every of the said wards, or to his or their executors or administrators, the estate or the sum or balance of money which may be in the hands or possession or under the control of him the said A. B., belonging to the said ward or wards, deducting therefrom and retaining such reasonable sum for the expenses and charges of him the said A.B. as such guardian, as by the said Court or l)y the Judge thereof shall have been allowed, then this obligation to be void, otherwise to remain in full force and virtue. Signed, sealed and delivered in the presence of J A.B. CD. E.F. [SEAI,.] [seal.] [seal.] Akkidavit of Justification— Guardian's Bond. In the Surroc.ate Court of the County ok . In the Matter of the Guardianship of the Infant Children of , Deceased. We, C.l)., of i!v:c., and E.F., of &c., severally make oath and say : — That we are the proposed Sureties on behalf of the intended Guardian of the infant children of , deceased, in the within Bond named, for the faithful performanceof the Trust of Guardian- ship to him to be committed; and I, the said CD., for myself make oath p.nd say that I reside at in the County of , — dollars, over and and am worth property to the amount of • above all encumbrances, and over and above what will pay my just debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser or otherwise. And I, the said E.F., for myself make oath and say that I reside at in the County of , and am worth property to the amount of — — dollars, over and above all encumbrances, and over and above what will pay my just debts and every other SrRROGATE COURT HONOS. 137 sum for which I am now bail, or for wliich I am lial)le as surety, or endorser or otherwise. The above-named C. I), and Iv 1''. were severally sworn before me the day of A.D. 189—, at in the County of . A Commissioner, i"tc. This affidavit is filed on behalf of the applicant. X. v., His Solicitor. Akfidavit of Execution— Guardian's Bonh. In thp: Surrogate Court ok the County ok . In the Matter ok the Guardianship of the Infant Children of , Deceased. I, — of in the County of — {addition), make oath and say : -That I was present and did see the within Bond duly executed by A.B., CD. and E.F., three of the parties named therein ; and that the name " ", set and subscribed as a witness thereto, is of the proper handwriting of me, this de- ponent, and that the same was executed at in the County of— — -. Sworn before me al in the County of this — - day of A.D. 189-. A Commissioner, &c. This affidavit is filed on behalf of the applicant. X.Y., His Solicitor. IP ii* s 1 35 1.' '3« 150. CAUTION — CAVEAT. Caution Under Devolution of Estates Act For Registration under R.S.O, ifi'^/. Chap. i2y^ Sec. ij. Wf, A. B. and C.I)., executors of {or administrators with the Will annexed of, or administrators of) K. F , wh > died on or about the day of — iH , do hereby certify that it m.iy be necessary for us under o.ir powers and in fulfilment of oar duties as executors {or administrators) to sell the real estate of the said E.I''., or part thereof, {or the caution may specify any particular parts or parcels), and of this all persons concerned are hereby re(iuired to take notice. Dated at the day of — i8g— . Signed in presence of \ ' A.B. I C. D. 151. Caveat— Suppograte Coupt. In The Surrogate Court ok the County of . In the Estate of- -, Deceased. Let nothing be done in the estate of , late of the City of • in the County of , widow, deceased, who died on or about the day of A. I). i8— , at the said City of , and had at the time of her death a fixed place of abode at the City of . The ground on which this caveat is entered by and on behalf of of the City of ■ in t! <. County of , who is the lawful niece and one of the next of kin and heiresses-at-law of the deceased, is that she requires the alleged Will of the said deceased to be proved in solemn form. Dated at this day of A.D. i8— . C.H. of the of in the County of Solicitor for said ' ii'iM % CERTIFICATES. 162. Certificate of Pending: Action Attackinfr the Validity of liy-Unv under the Municipal Act, sec, sgf). In the Hkih Court ok Justice. Tins is to certify that in a certain action or proceeding in this Court entitled In the matter of By-law No. of the City of , Hetween A.H., Applicant, and The Corporation of the City of , Respondent. The validity of By-law No. , entitled " ," has been called in (juestion. {If a portion only of the by-law is called in question^ state the fact.) Dated at the day of 18—. LsE.\i..] CD. Deputy Clerk of the Crown, County of . {Or as the case may be.) 153. Certiflcate of Dismissal of Action Under the Municipal Act, sec. jgg, s.s. 4. In the High Court of Justice. I hereby certify that the action or proceeding in this Court entitled {give style of action or proceeding) calling in question the validity of By-law No. , of the City of in the County of , has been dismissed {or, if dismissed in part and granted in part, set out the order made verbatim). Dated at the day of 18—. [seal.] CD. Clerk of . 3 «: ft 140 154 CERTIFICATES. Certificate of Allowance of Security. {Rule 1041.) {Short Style of Cause.) I {officer alUnving bond or plaintiff or his solicitor) hereby certify that the security to be given by the defendant under the order for arrest herein, dated the day of 18—, has been this day allowed. Dated, Ike. {Signature of officer, e^A ) 155. Certificate of Proof of Claim. The Creditors' Relief Act. In the County Court ok the County ok . A. B., Claimant, vs. CD., Debtor. I, , Clerk of the County Court of the County of— , do hereby certify that the above-named claimant did on the day of ^ 189 — file with me a claim against the above — together with an affidavit of named debtor for the sum of $- personal service thereof {or as the case may require) and of the notice required by The Creditors' Relief Act upon the said debtor, and that it thereby appears that such service was made upon the said debtor on the day of 189 — . And I further certify that the debtor has not contested the said claim {or has only contested the sum of $ portion of the said claim, or as the case may be), and that the claimant is en- titled to the sum of $ against the said debtor and the further sum of $ for costs. Dated, &c. Clerk. CERTIKICATES. 141 156. Certificate of Compliance With Warrant of Master. {Short Style of Cause.) I certify that the defendant C.I), {or as the case may fie) has l)rought in and filed in my office the several accounts and state- ments duly verified by affidavit, which by my warrant dated the day of 18 — I directed him to bring in and file in my office in this action. Dated at — the day of 18- Local Master at 157. Certificate of Default Jn Filing Accounts in Master's Office. the {Short Style of Cause.) At the request of the plaintiffs solicitor, I certify that I did on day of 18— by my warrant in that behalf direct the defendant CD. to {specify the act as to which default has been made, f.s^.) bring in and file in my office on the day of ^ 18 — the accounts in answer to the inquiries directed by the judgment made in this action, dated the day of 18 , duly verified by his affidavit, and to bring in and deposit in my office at the same time under oath all books of account, documents andpapersrelating to the estate of E.D., in the said judgment mentioned ; but the said defendant CD. although duly served with my said warrant {or notified of my said direction) hath not brought in and filed in my office any accounts in answer to the inquiries directed by the said judgment, or any affidavit in relation thereto, nor hath he brought in and deposited in my office any books of account, documents or papers relating to the estate of the said E.D. pursuant to my said warrant (tfr direction) as by my books appears. Dated at the day of 18—. E.R l-ocal Master at . %f PC fe s ^ 142 CERTU ICATES. 158. Certificate of Examination of Witnesses In Support of Petition. {Rule g68.) {Court and Style of Cause.) Examination of witnesses taken before me viva voce in support of the petition in this matter under the provisions of Rule Number 968 at my Chambers at this day of 189-, J.S., of in the County of , jeweler, being called on the part of the petitioner and being duly sworn, states : — I certify that the foregoing depositions were taken before me viva voce under the provisions of Rule 968 at my Chambers at this day of 189-. X.Y., Master at — . 159. Certificate of Master Of Production of Infants Under Rule g6y. {Formal Parts. ) I certify that the above-named infants A.B., C.B. and D. B. wtre on the day of 18 — produced before me at my Chambers at and that they appeared to me to be under the age of fourteen years. Dated this day of 18—. X.Y. Master at . hi CERTIFICATES. '43 160. Certificate of Lis Pendens. I certify that in a suit or proceeding in the High Court of Justice Between A. B., Plaintiff, and CD., Defendant, some title or interest is called in question in the following lands, that is to say : {describe lands. ) And at the request of the plaintiff this certificate is given for the purpose of registration, pursuant to the statute in such case made and provided. Given under my hand and the seal of the said High Court at - — — this ^ day of i8— . [seal.] Deputy Registrar of the High Court of Justice at . 161. Certificate of Discharge of Lis Pendens For Registration. In the High Court ok Justice. This is to certify that by an order bearing date the ■ — day of i8 — and made by the said Court in a certain action, wherein A.B. is plaintiff and CD. is defendant, upon the application of the defendant, it was o.dered that the said action should be dismissed {or as the case may be), and at the request of the said defendant this Certificate is given for the purpose of registration pursuant to the statute in that behalf. Given under my hand and the seal of the said Court this • day of 18 — . [seal. ] Registrar of the High Court of Justice {or Deputy, or Local Registrar). If r 144 162. CERTIFICATES. Certificate of Judgfe as to Lunacy. Province of Ontario. ) County of . j I, the undersigned E.F., Judge of the County Court of the County of , do hereby certify that I have, on this day of i8— , personally examined A.H., an inmate of the Gaol of the said County of -, and I do hereby further certify that from such personal examination and from the evidence adduced thereon, I am of opinion that the said A.B. is insane, and that the said A.B. is a proper person to be confined in an asylum for the insane. Signed this i8— at in the County of ■ day of j E.F. Judge. [See R.S.O. 1897, chap. J17.) 163. Certificate of Medical Practitioner as to Lunacy. I, the undersigned {here set forth the qualification or degree of the person certifying ; for example, Licentiate of the Medical Board, or M. D. of the University of Toronto, 6^^.,) a legally qualified medical practitioner residing and practising at in the County of do hereby certify that I on the day of 18— at in the County of separately from any other medical practitioner personally examined A.B., of the of in the County of , {profession or occupation, if any,) and after making due inquiry into all facts in connection with the case of the said A.B., necessary to be enquired into in order to enable me to form a satisfactory opinion, I certify that the said A.B. is insane and is a proper person to be confined in an asylum for the insane and that I have formed this opinion upon the following grounds, namely : I. Facts indicating insanity observed by myself (^^r*; state the facts). . CERTIFICATES. 145 2. Other facts (// any) indicating insanity, communicated to me by others {here state the information and from whom received). Signed this day of 18— at in the County of . Signed in presence of J- See R.S.O. iSgy, Chap. 317. 164. Certificate of Naturalization. I hereby certify that A.B., formerly of , but now of in the County of and Province of Ontario, {occupation), Ontario, County of To wit : has taken and subscribed the Oaths of Residence and Allegiance liefore me ; that I have every reason to believe that the said A.B. has been resident within the Dominion of Canada for a period of three years or upwards, and that he is a person of good character, and that, to my knowledge, there exists no reason why the said A.B. should not be granted all the rights and capacities of a natural born British subject. Dated at this day of 18—. J. P., County of 165. Certificate of Non-Attendance Examiner. Before Special {Court and Style of Cause.) I, A.B., of the City of' in the County of -, Special Examiner, do hereby certify that I did at the instance of the solicitors for CD. on the day of 18— appoint by written appointment which is hereunto annexed the day of 18 — , at the hour of o'clock in the noon, at my chambers No. — Street, for the cross- 146 CERTIFICATES. examination of the above-named E.F. on his affidavit filed herein. It appears by the affidavit of service of (1. H. hereunto annexed that the said E. F. was duly served before the hour of o'clock in the noon on the day of 18— with a true copy of the said appointment and a copy of the subpoena issued herein and annexed hereto, and that the said E.F. was at the time of the said service paid the sum of $ as and for his conduct money. And it further appears from the said affidavit of G.H. that X.Y. & Co., the solicitors for the said E.F., were also served with a copy of said appointment before the hour of o'clock, in the noon on the day of 18—. The said E.F. did not appear before p*ie for examinatioii at the time and place mentioned in the appointment so served upon him as aforesaid. Counsel for CD. attended and after waiting for the space of half an hour departed, and this certi- ficate is given at the request of the said CD. Dated this day of A.D. 18—. Special Examiner. 166. Certificate of Bank Managrer As to Non-payment. [Short Style of Cause. ^ I, A.B. at do hereby day of ■ Manager of the Bank of — certify that no sum of money was, on the 18—, or before or since, paid into this bank to the joint credit of and of the Accountant of the Supreme Court of Judicature for Ontario, or lO the credit of the said alone, by or by anyone on his behalf. Witness } A.B. CEUriFICATES. •47 167. Certificate of Banic Manag-er As to Non-payment of Mortgage Money. I, A.B. of the [Short Style of Cause. ) of in the County of ■ Manager {or Cashier) of the Bank at its branch or agency office in the of , do hereby certify that the above- named defendant CD. hath not nor hath nor have any person or persons on his behalf at any time before and up to the date of this certificate paid into or tendered at the said Bank at its said branch or agency to the credit of the above-named plaintiff E.F., or to the joint credit of the said plaintiff and the Accountant of the Supreme Court of Judicature for Ontario, the sum of $ or any part thereof. Dated at this day of i8— . Witness ) A.B. Manager {or Cashier). 168. Certificate as to Notary Public By Clerk of County Court. Canada, Province of Ontario, County of , To Wit of in the County of and I, A.B.,of the — Province of Ontario, do hereby certify :— I. That I am Clerk of the County Court of the County of , and that the said Court is a Court of Record in the said Province of Ontario, having a Seal. 2. That CD., whose Notarial Seal and Signature as "CD." appear on the annexed {describe document) is a Notary Public duly appointed in and for the Province of Ontario, and that his acts in such capacity are entitled to due credit. CO 3 i I 148 CERTIFICATES. 3. That I know the said C.I), and am acquainted with his landwriting and that his said signature is genuine. Witness my hand and the Seal of the said County Court of the County of -, at the of — in the County of , this day of A.I). 189—. [seal.] Clerk of the County Court of the County of . 169. Certificate of Foreclosure Order For Registration. In thk Hujh Court of Justice. This is to certify that by an order, bearing date the — day of 189—, and made l)y the said Court in a certain action |)cnding therein, wherein .\.V>. is plaintiff and C.I), is defendant, it was ordered that the said defendant, C.U., should stand abso- lutely debarred and foreclosed of and from all right, title, and eiiuity of redemption of, in and to, the mortgaged premises, in the pleadings in the said action mentioned, being all and singular {describe lands). And at the request of the said Plaintiff this certificate is given for the purpose of registration, pursuant to the Statute in such case made and provided. Given under my hand, and the seal of the said Court, this day of 18—. Local Registrar of the High Court of Justice at ( Or as the case may be. ) 170. Certificate of Order Affecting* Lands For Registration. of In the High Court of Justice. This is to certify that by an order bearing date the day 18— and made by the said Court in a certain action CERTIFICATKS. 149 therein pending, wherein A. B. is plaintiff and CD. is defendant, upon the application of the said plaintiff {or defendant), it was ordered that {set out terms of order). And this is further to certify that the lands in question in the said action are the following, that is to say : {describe lands). And at the request of the plaintiff {or defendant) this certifi- cate is given for the purpose of registration pursuant to the Statute in that behalf. Given under my hand, and the seal of the said Court, this day of 18—. Local Registrar of the High Court of Justice at ( Or as the case may be. ) 171. Certificate of Accountant Of Payment of Purchase Money into Court. {Short Style of Cause.) I certify that A. B., the purchaser of the lands {or of parcel number one of the lands) sold in this cause, has paid the sum of $ being the full amount of his purchase money into Court to the credit of this cause. Dated &c. 172. Certificate Under Controverted Elections Act Of Payment of Deposit. Bank of - Toronto, the No. day of 18—. $1,000.00 Re South Ontario Election Petition. A. V. B. This is to certify that E.F. on b^ha'f of the petitioner C.A. 3 si S s 9 150 CERTIFICATES. has this day paid into this bank to the credit of this account in the Court of Appeal the sum of $1,000. The Ontario Controverted Elections Act, sec. 13. X.Y. Manager or Cashier. 173. Certiflcate of Application Under Qtiieiitig Titles Act. I certify that an application has been made by to the High Court of Justice for Ontario, under The Quieting Titles Act, for a certificate of title to the following lands : {stating them.) A.H. Clerk of Records and Writs. Dated &c. 174. Certiflcate of Counsel Under Quieting Titles Act, sees. 7 and g. I In the High Court of Justice. In the matter of &c. of , barrister, hereby certify that as counsel for in this matter, I have investigated his title set forth in his petition, and I believe him to be the owner of the estate which he claims in the petition, subject only to the charges and encumbrances therein set forth. I further certify that I have conferred with the applicant on the subject of the various matters set forth in his affidavit in support of his petition, and believe the same to be true. Dated &c. CERTIFICATES. '5' 175. Certificate of Registrar Under Quieting Titles Act, Sec. 7. I, -, Registrar {or Deputy Registrar) of Deeds for the ■, certify that the foregoing are true extracts of all County of — the instruments or proceedings registered in the Registry Ofificefor affecting the {describe the lands in the same manner as they will require to be set forth in Certificate of Title.) {Signature. ) Note. — This certificate must be obtained after the registry of the certificate of the filing of the petition. 176. Certificate of Slieriff as to Executions Under Quieting Titles Act. I hereby certify that I have not at the date hereof in my office any writ of execution against the lands of A.B., CD., E.F., or any or either of them, and that I have not had any such writ for thirty days preceding the date hereof. I further certify that I have not sold Lot No. in the Concession of the Township of in the County of under any writ of execution for six months preceding the date hereof. Dated the — day of 18—. A.B. Sheriff. Note. — This certificate should bear date after the day of regis- tering the certificate of the filing of the petition. I s S2 i o 153 IKRTII-UATES. 177. Certiflcate by Treasurer of Payment of Taxes Umier (Juirtinjir Titles Act. Treasurer's Office for the (!ounty of , The- — - day of 189 . I certify that no charge for arrears of taxes appears at the date hereof in the books in this office against Lot No. in the Concession of the 'I'ownship of ^ — . And I certify that the return of lands in the Township of in arrears for taxes for the year 18 — has been made to this office, and I further certify that the said land has not nor has any part thereof been sold for taxes for eighteen months preceding the date hereof. AH Treasurer. Note. — If the roll has not been curried in for the year pre- ceding the date of the certificate, a similar certificate for the past year must be signed by the Township Treasurer, if the roll has been returned to him ; and if the roll has not been returned to him a receipt for the taxes for the past year by the collector 0/ taxes will be sufficient, but the County Treasurer's certificate will be required to show that there are no previous arrears of taxes. The certificate should bear date after the day of regis- tering the certificate of the filing of the petition. 178. Certiflcate of Title Under Quieting Titles Act. In the High Court of Justice. No. These are to certify under the authority of The (Quieting Titles^ Act that A.B. of the of in the County of in the Province of Ontario, {addition), is the legal and beneficial owner in fee simple in possession {or as the case may be) of all, &c. {here describe the property), subject to the reservations men- tioned in Section 25 of the said Act and therein lettered respectively lERriUCATKS. '55 () (c) and {(/) (or as the casr may he) and to {sftcdfyifii^ ritlur l>\ ffference to a schfduU or othtrwise any of tlw charges o> ituutn- htatues, exceptions or (/ua/ijicatk>ns to which the title of A. H. is suhject) l)ut free from all other rights, ititerests, claims and demands whatever. [ Or that {stating the facts found and declared under section jj of the Act, and stating on whose a[>plication the same are declared. ) ] In witness whereof — President {or President of the Division, or one of the Justices) of the said (!ourt has hereunto set his liand, and the seal of the F{igh Court has been hereunto affixed this day of i8— . {Signature of Registrar) {Signature of /'resident or Justice). ■ [s..:a.,.1 179. Certificate under Controverted Elections Act Of Receipt of Petition. In thk Court ok Appeai, kor Ontario. The Ontario Controverted Elections Act. Election for the Electoral District of — day of 1 8— and the day of Province of Ontario. ) To wit : j — holden the — i8-. Hetween A. li., Petitioner, and CD., Respondent. Received on the day of • i8 -, at the office of the Registrp of the Court of Appeal, a petition praying to have it declareci that the Respondent above named was not duly elected or returned at the election holden as above described for the Electoral District of , and otherwise as in the said petition set out, such petition purporting to be signed by the said petitioi r A.B. and being accompanied by the affidavit of the said petitioner annexed thereto. Dated at Osgoode Hall in the City of Toronto this — of- i8-. Registrar. day I S «54 180. CERTIFICATES. Certificate of Copy of Court Records. Dominion of Canada. Province of Ontario. County of . To wit : I, E.F., of the of Local Registrar (or as the (ase may he), of the High Court of Justice for Ontario at , do hereby certify that the annexed paper marked " A " is truly taken from the records of the said Court in an action now or lately pending in the said Court, wherein A.B. is plaintiff and CD. is defendant, and that the same is a true copy of the judgment in said action bearing date the day of • i8— , as compared with the records in the books of my office as such Local Registrar (or as the case may be), and that I am the officer of said Court having the legal custody of said records. In witness whereof I have hereunto set my hand and the seal of my office this day of i8— . E.F. Local Registrar. I certify that the above is the signature of E.F. the Local Registrar of the High Court of Justice at G.H. Inspector of Public Offices. 181. Certificate of Return of Judgrments. {Rule 36.) List of judgments entered in the office of the Deputy Clerk of the Crown {or Deputy Registrar 4 3 I i 52 I i 1 66 fOMMISSION CONDITIONS OF HAI.K. Interpreter'' s Oath, Vou shall truly and faithfully, and without partiality to any or either of the parties in this cause, and to the best of your ability, interpret and translate the oath or oaths, affirmation or affirmations which shall be administered to, and all and every the cpiestions which shall be exhibited or put to all and every witness and wit- nesses produced before and examined by the commissioners named in the commission within written, as far forth as you are directed and employed by the said commissioners to interpret and translate the same out of the ICnglish into the language of such witness or witnesses, and also in like manner to interpret and translate the respective depositions taken and made to such questions out of the language of such witness or witnesses into the English language. So help you (lod. Return of Commission. The return of the within commission will appear by the depositions, affidavits and papers annexed. {Signature of Commissioners. ) Direction of interrogatories, etc., when returned by the commis- sioners. (/','.,(,'•., "The Central Office, High Court of Justice, Osgoode Hall, Toronto.") 195. Conditions of Sale. Standing Conditions of the Court. {Rule 7-?y.) {Short Style of Cause.) 1. No person shall advance less than $io at any bidding under $500, nor less than $20 at any bidding over $500, and no person shall retract his bidding. 2. The highest bidder shall be the purchaser; and if any dispute arise as to the last or highest bidder, the property shall be put up at a former bidding. 3. The parties to the action, with the exception of the vendor, CONI>ITIONS OK SAI.K -CONSKNT. 167 (nm\, tiiunin^ atiy partifs^ trustees, (/^-^ents, or ot/ifts, in a fuiuciayy siiiuitiott), shall l)e at liberty to bid. 4. The purchaser shall, at the time of sale, pay down a deposit, in proportion of $10 for every $100 of the purchase money, to the vendor, or his solicitor ; and shall pay the remainder of the pur- chase money, on the - day of - next ; and ui)on such payment, the purchaser shall be entitled to the conveyance and to be let into possession ; the purchaser at the time of sale to sign an agreement for the completion of the purchase. 5. The purchaser shall have the conveyance prepared at his own expense, and tender the same for execution. 6. If the purchaser fails to comply with the conditions afore- said, or any of them, the deposit and all other payments made thereon shall be forfeited, and the premises may be resold ; and the deficiency, if any, by such re-sale, together with all charges attending the same, or occasioned by the defaulter, are to be made good by the defaulter. 3 5: S S e 196. CONSENT. Consent by Adverse Claimant Under Quu'ting Titles Act. 1, C.I), of — — , yeoman, do hereby consent that a Certifi- cate of Title be granted to of , (^^^w/rt/'/cw,) declaring him to be the owner of the above mentioned lands, free from any right or claim on my part thereto (save and except only my rights as mortgagee under a certain Indenture of Mortgage dated the day of — 189—, and made by the said to me for securing $ and interest, as therein mentioned. F)ated &c. Witness. J CD. {See Affiddvit of Execution Form Ao. 59.) i i 1 68 CONSENT. 197. Consent to Order Dispensing* with Payment of Purchase Money into Court. I, CD. of {Short Style of Cause.) —, the plaintiff in this action, do acknowledge to have received this day from A.B., the purchaser of the lands (or of parcel number one of the lands) sold in this action on the day of t8— , the sum of $ , being the amount of his purchase money for the said lands with interest thereon to date, and I c msent to an order being made dispensing with payment of the said purchase money into Court. Dated &c. Witness. | CD. (See Affidavit of Execution Form No. ^9-) 198. Consent of Adult Parties to Sale of Lands. I, H.B. of [Full Style of Cause. ) in the County of — , yeoman, do hereby consent that the lands and premises mentioned in the petition in this matter, namely. Village Lot Number Six, &c. {describing lands as in the petition), be sold under the direction of this Honourable Court, and I agree to join in the conveyance to the purchaser, and to accept such part of the purchase money as may be awarded to me by this Honourable Court. Dated &c. Witness. I H.B. {See Affidavit of Execution Form No. JQ. CONSENT. 169 199. Consent of Mortg-agree to Sale of Mortgraged Lands. I, CD. of {Full Style of Cause,) — in the County of — -, merchant, the mortgagee of Lot Number &c. {describing it as in the petition)^ do consent that the said lot be sold freed from my said mort- gage, under the order of the Court made herein, and I do hereby agree to accept payment of my mortgage debt out of the proceeds of the sale to be had under such order, and upon such payment to release and discharge my said mortgage. Dated &c. Witness. } CD. {See Affidavit of Execution Form No. $g. ) to I 200. Consent of Widow to Sale of Lands Free from Dower. (Full Style of Matter. ) I, M.B. of — in the County of -, widow of A.B., deceased, do hereby consent that l^ois {describe land as in petition) be sold undei the order of this Honourable Court to be made in this matter freed from my dower, and I do hereby agree to join in the conveyance of the same, and to accept such gross sum out of the proceeds of such sale, in lieu of my said dower, as this Honour- able Court shall think reasonable. Dated &c. Witness. } M.B. {See Affidavit of Execution Form No. jp. ) 170 CONSENT — CONVEYANCE. 201. Consent of Proposed Trustees. (Short rnic.) We, the undersigned, K.F. of {residence and addition), and G. H. of {residence and addition), do hereby testify our consent to accept the office of trustees, and to act in the trusts ot the will of A. 15., late of tVc, in case the High Court of Justice shall think fit to ap[)oint us to that office. Dated this day of i8q— . Signed by the said E.F. ] and O.H. in the presence ^ of ) p:.f. G.H. {Sec Affidavit of Execution Form No. ^g. 202, Conveyance by Hig-h Court Under Quieting Titles Act. In the High Court of Justice. No. The High Court ot Justice for Ontario, under the authority of The Quieting Titles Act, doth hereby grant "nto A.B. &c., {here describe the premises sold) to hold the same unto the said , his heirs and assigns forever {or as the case may be), subject to {here specify as in the case of a certificate of title). In witness whereof President {or President of the Division or one of the Justices) of the said Court has hereunto set hi; ind, and the seal of the High Court has been hereto affixed, this day of in the year of Our Lord one thousand eight hundred and . Reg'strar. [.SEAL.] DEMAND, 171 203. Demand of Possession after Sale by the Court. [S/iort Style of Cinisc.) We hereby demand and require of you to quit and deliver to A.B. of— in the County of — , farmer, on or l)efore the -day of- next, thu possession of the lands in (juestion in .\w- cause, being Lot No. in Concession of the ^- . nship of ■ in the County of -, of which you are now in ihe occupation, the said A. H. having become the purchaser thereof rt the sale had in this cause, and having duly complied with the conditions of sale, and being now entitled to receive possession of the same. And take notice that in case you shall fail to quit and deliver up possession of the said lands as hereby required an application will l^e made to the Court to -^ompel you to quit and deliver up possession of the said premises, and to pay the costs of this demand and occasioned by your default. Dated &c. H. &M. To the defendant D.F. Plaintiffs Solicitors. 204. Demand of Possession by Mortg'ag'ee lifter Final Order of Foreclosure. (Short Style of Cause.) 1 hereby require you tbrthwith to ([uit and deliver up possession of the lands and premises in (juestion in this cause, bemg Lot Number in the Concession of the Township of in the County of , to me {or to my agent CD.), I having obtained a final order of foreclosure against you in this cause dated the day of 18—. Dated &c. A.B. To the Defendant E. F 172 206. DIRECTION — DISCLAIMER. Direction of Master for Advertising:. Endorsed on Settled Advertisement. To be inserted in the Ontario Gazette on the — next and in the Newspaper on the ■ day of — and days of the same month, or on the day of publication in the week ending nearest to those days, and to be put up and continued on the door of the Court House of the County of and in some conspicuous place in the Post Office nearest to the lands. Master. 206. Direction of Master for Production of Documents. {Full Style of Cause. ) At the request of the plaintiff {or defendant or other party as the case may be) I direct that the defendant A. B. {or the plaintiff CD., or other party as the case may be) do, on or before o'clock of the day of next, produce and leave in my office, under oath, all deeds, books, papers, writings and docu- ments (// any particular deed, book or rvriting be desired, mention it specifically) m his(e it known that, upon search being thi? day made in Her Majesty's Surrogate Court of the County of , it plamly appears that on the day of A.D. i8— Letters of EXKMPLIFUATION. /O Administration of all and singular the property of , late of the of in the County of , {additiott oroccupQ- tiou), who died at on or about the day of i8— , and had at the time of his death a fixed place of al)ode at in the said County of , were granted to of the of in the County of • , and which said Letters of Administration now remain of record in the said Surro- gate Court. The true tenor of the said letters of administration is in the words following, to wit : {Heir the Letters of Adminisfra- iioti are to be recited verbatim.) In faith whereof these letters testimonial are issued. (liven at the day of — [seal.] of i8- in the County of this Registrar of the Surrogate Court of the County of -. 212. Exemplification of Probate Or of Letters of Administration imth Will Annexed. Canada : Province of Ontari ..) In Her Majesty's Surrogate Court of the County ok . Be it known that, upon search being this day made in Her Majesty's Surrogate Court of the County of ■ — - — , it plainly appears that on the day of A. IJ. i8— the last will and testament (with codicils) of , late of the of in the County of , [addition or occupation), deceasetl, who died at on or about the day of ■ i8— , and had at the time of his death a fixed place of abode at the of in the said County of {or as the ease may be), was proved l)y — — of the — of in the County of , {addition or occupation, ) the executor therein named, {or that on the ■ day of- A.D. i8— Letters of Administration with the last will and testament (and codicils) annexed of the property of , late of vvc, were grantetl to - - of the of in the County of — ), and which said Probate {or Letters of Administration) now remains of record in the said Surrogate 3 ?5 Cc 176 ISSUES. Court. The true tenor of the said Probate (or Letters of Adminis- tratinn with the will annexed) is in the words following, to wit : {Here let ^r ant be recited verbatim). In faith whereof these letters testimonial are issued. Given at the of in the County of this day of 18—. [seal.] Registrar of the Surrogate Court of the County of . 213. ISSUES. Interpleader Issue As to Ownership of Goods Seised by a Sheriff under Writ of Fi. Fa. In The High Court of Justice. Between A.B., and CD., Plaintiff, Defendant. A. B affirms and C. D. denies that certain goods or chattels and effects in and about a certain house ir the occupation of E. F., situate in seized in execution by the Sheriff of the County of under a writ of fieri facias, dated the day of 18- and issued out of the High Court of Justice, directed to the said Sheriff for the having in execution of a judgment of that Court, recovered by the said C. D. in an action at his suit against the said E.F., were, at the time of the said seizure, the property of the said A.B. as against the said CD. And it has been ordered by the learned Master-in-Chambers, pursuant to the statutes in that behalf, that the truth of the matters aforesaid shall be tried by a jury. Therefore let a jury come. Delivered this day of 189—, pursuant to the said order dated the — day of 189—, by G.H. of the of in the County of — -, solicitor for the above- named plaintiff. ISSUES. 177 214. , Garnishee Issue. In Thk Hum Court ok Justick. Between A.H., Plaintiff, and E.l-'., Defendant. The plaintiff A. 15. affirms and the defendant R.F. denies that the defendant E. F. was indelUed to CD. oi {ut/difss am/ dfsciiptiov of tlw jtid^i^inent (ii-btor\ in the sum of $ , or some other sum, .nt the time of the .service on the defendant E. F. of the garnishee order dated the day of — 18—. .And i'. has been ordered by the Masterin-Chambers that the said issue shall be tried by a jury at . Therefore let a jury come. Delivered this — day of 18 — , pursuant to the order ot dated the ■ day of 189 -, by (i. H. of the of in the County of , solicitor for the above-named plaintiff. 215. Interpleader Issue As to Ownership of Stock. {Formal Parts. \ The plaintiffs afifirm and the defendants deny : I That the plaintiffs are the holders of — - — - shares of stock in the Company, in respect of which have paid $ into Court. 2. That they are entitled to be registered as the holders of the said shares. 3.^ And that the said sum of $ is the property of the plaintiffs as against the defendants. And the defendants affirm and the plaintiffs deny : 1. That Ihey (the defendants) arc the holders, or one of them is the holder, of the said shares. 2. That they are entitled to be registered as the holders, or one of them is entitled to be registered as the holder, of the said shares. CIS 3 IS k .\ V. % i I7S ISSUES — JL'DllMENTS. T,. And that the said sum of $ is the property of the defendants, or one of them, as against the plaintiffs. And it has been ordered l)y tlie learned Master in Chambers that the issue aforesaid shall be tried by a jury in the County Court of the County of Therefore let a jury come. Delivered this day of i8 — , pursuant to the said order (Lited the day of i8— , by A. \i. of the City of ni the County of , solicitor for the above-named plaintiffs. 216. JUDGMENTS. Judgrnent in Default of Appearance (h- in Di'/tfi/// of Defence ill ease of Liijiiidntetl Dciiiaiid. In Thk Hic.h Coiri' of Jusiice. Between A.B., I'laintiff, and CD. and E. F., Defendants. (Monday) the- day of i8~. The defendants {or the defendant CD.) not having appeared •herein (or not having delivered any statement of defence), it is this day adjudged that the plaintiff reco\^er against the said defendant $ , and costs to be taxed (<'-» ivhere the officer signing::; judgments is also the taxing officer % for costs. ) judgment signed the day of 18—. {Signature of Officer.) The folloiviiig may be appended at or after the signing of t lie judgment on production 0/ the faxing officer's certificate: The above costs have been taxed and allowed at $ as appears by a taxing ofificer's certificate dated the day of 18-. {Signature of officer.) .Vote — The full style of cause is necessary in all judgments, fiule^^jo. ^17. JUDGMENTS. Judg'ment for Recovery of Land /// Di'fiiiilt of Appearamw (A'u/c ^r $ for costs.] {Conclude as in Xo. ji6.) 223 Interlocutory Judg*ment /// Default of Appearance or Defence where Demand Un- liquidated. ( Rule 5~f8. ) [Title, Date, ^"-r., as in No 216.) No appearance having been entered to the writ of summons {or no statement of defence having been delivered) by the defendant herein : It is this day adjudged that the plaintiff recover against the defendant the value of the goods or damages, {or both as the case may be,) to be assessed. Judgment signed the day of 18—. [Signature of officer.) 224. Final Judg-ment /// Default of Appearance or Defence, after Assessment of Damages. Rule J/'S. {Title, Date C<-c., as in No. 2/6.) No appearance having been entered to the writ of summons [or no statement of defence having been delivered] by the defendant herein, and the damages which the plaintiff was entitled to recover having been assessed at $ , as by dated the 18— appears, it is adjudged that the plaintiff recover $ and costs to be taxed, [or $ for costs.] {Conclude as in Xo. j/6.) 3 t8a 225. JUDGMENTS. Judgment in Pursuance of Order ir/icrc Leave given to sitru Judgment unless some Condition complied ivith. {Rule 6j8.) (Title, Date, ^■^'c., as in Xo. 2/6.) Pursuant to the order of , dated i8— , whereby it was ordered -, and default having been made It is this day adjudged that the Plaintiff recover against the said defendant $ ^ and costs to be taxed (^^ $ for costs). ((.'onelade as in Xo. 216.) 226. Judg-ment Under Rule 603. specially indorsed JJ'rit. I\ THE HicH Court ok Justice, The Master in Chambers (<>/• . ) ^ K S {Title, Date, C-^'c, as in No. 216.) The plaintiff having by a notice in writing dated the — — — day of 18— wholly discontinued this action \or withdrawn 184 JL'DOMENTS. r his claim in this action for or withdrawn so much of his claim in this action as relates to , or as thf case may be :] It is this day adjudged that the defendant recover against the plaintiff costs to he taxed \or $ for costs). {Conclude as in No. 216.) 230. Judgment for Costs Af/vr Acceptance of Money Paid into Court. (Rale 4JS' J ( Title, Date, C-^c , as in No. 216. ) The defendant having paid into Court in this action the sum of $ in satisfaction of the plaintiff's claim, and the plaintiff having i)y his notice dated the ■ day of 18— accepted that sum in satisfaction of his entire cause of action, and the plaintilf 's costs herein having i)een taxed, and the defendant not having paid the same within 48 hours after the shid taxation : It is this day adjudged that the plaintiff recover against the defendant costs to he taxed. (Conclude as in No. ^,^. ) 231. Judgftnent for Administration. ( Rules g46, 947, qsJ- J In the High Court ok Justice. The Honorahle Mr. 1 , , dav the — Justice . I day of — 189- Between .\.B., Plaintiff, and CD., Defendant. I. Upon the application of the above-named plaintiff in the presence of the solicitor for the defendant (or no one appearing for the defendant, although duly notified as by affidavit filed appears), and upon hearing read the affidavits and papers filed. Jl'DOMENTS. l8! and what was alleged by the solicitor for the applicant (c;- solicitors for all parties) : 2. It is ordered and adjudged that all necessary inquiries he made, accounts taken, costs taxed and proceedings had f(ir the administration and final winding up of the personal (and real) estate of and for the adjustment of the rights of all parties interested therein, hy the Master of the Supreme Court of Judica- ture at . V And it is further ordered and adjudged that all balances which may be found due from the plaintiff or defendant (or any or cither of them) to the said estate be, forthwith after the same shall have been ascertained as aforesaid, paid into Court to the credit of this cause, subject to the further order of the Court. 4. And it is further ordered and adjudged that such personal (and n.a!) estate, or such parts thereof, as the said Master may hereafter direct, be sold, as the said Master may direct, and that the purchasers do pay their purchase money into Court to the credit of this cause, subject to the ordjr of the Court. 5. And it is further ordered and adjudged that the Master do execute conveyances for any infant parlies who by reason of their tender years are unable to execute the same. 232 Judgement for Administration Accounts. {Rules 620, 946, pjj.) [T/'i/e, Date, t^'^'c, as in Xo, 2ji.\ I. This Court doth order and adjudge that the following accounts and inciuiries be taken and made by the Master of the Supreme Court of judicature at , that is to say : (i) An account of the personal estate of A.H., deceased, the testator in the pleadings mentioned, conip to the hands of &c. (2) An account of the said testator's debts. (3) An account of the said testator's funeral expenses. (4) An account of the said testator's legacies. (5) An inquiry as to what parts, if any, of the said testator's personal estate are outstanding or undisposed of. 3 1 86 jrnOMENTS. {W/icrc Hccissarv:) . > 2. And this Court doth further order and adjudge that the following further accounts and in(|uirie.s he taken and made, that is to say ; (6) An imiuiry a.« to what real estate the said testator was seized of or entitled to at the time of his death. (7) All in(|uiry as to what incuml»rances affect the said testa- tor's real estate. (H) .\n account of the rents and profits of the said testator's real estate received hy «!v:c. ( ir/irrc (I Su/c is lurcssurv :) ((j) .\n account of what is due to each of the incumbrancers as shall c-onsent to the sale hereinafter directed in respect of their incumbrances. (lo) .\n imiuiry as to what are the priorities of such last- mentioned incumbrances. 7,. And this Court doth further order and adjudge that the testator's real estate be sold, with the approbation of the Master of the .Supreme Court of Judicature at ■. 4. And this Court doth reserve further directions and the (piestion of costs, until after the said Master shall have made his report. 233 Judgrment on Praecipe for Foreclosure Or Stile — AccoNiif Taken by Regis/ nif aud Orders for liii- mediate Pavmeut mid De/iveiy of Possession. {Rule 5g6.) ' ' [Title, Date, &-'e., as in Xo. 216.) I. Upon the application of the plaintifl under Rule No. 596 of the Rules of the Supreme Court, and upon reading the writ of summons issued in this action, and indorsed under Rule No. 141 [ and the statement of claim {if any) and statement of defence 7tiilavit of as to the service of the said writ on the defendant, and no appearance having l)een entered in the said action or and the defendant having made default in delivering a defence as liy the hooks in the oftice of the at appears :] 2. I'his Court finds that the subseipient interest at the rate of per centum per annum on the sum of$ principal money secured hy the indenture of mortgage in the writ ot sum- mons (<'/• pleadings) mentioned, up to the day of next, being the time a|)pointed for payment as hereinafter mention- ed, amounts to $- — , and that the costs of the plaintiff amount to $ , which said suhsecpient interest and costs l)eing added to the sum of $ — claimed hy the indorsement on the writ served on the defendant make together the sum of $ . ,5. And ui)on the said defendant paying the said sum of $ into the Hank at between the hours of ten o'clock in the forenoon and one o'clock in the afternoon of the day of — next, to the joint credit of the plaintiff and The Accountant of the .Supreme Court of Judicature [Tvhcrr ordrr for payiiii'iit ^i^rautt'd insert, or in case the plaintiff shall {wlurc jitd^- meiit is for sale add, before the sale hereinafter directed shall have taken place) recover the amount due to him under the ortlcr for l)aynient hereinafter contained], it is ordered and adjudged, (sub- ject to the provisions of section 2 of 7'//c Act respecting:; Mi>rti;a,i;es of Real Estate,) that the said plaintiff do assign and convey the mortgaged premises, and deliver up all documents relating thereto. 4. lUit in default of the said defendant making such ])aymcnt hy the time aforesaid, it is ordered and ■M\']\i([^Q(!i{i(i/iere Jiidgnietit is for foreclosure, after adjudged adn that the said defendant do stand absolutely debarred and foreclosed of and from all ecjuity of redemption in and to the mortgaged premises : where Jiid'i^i/ient is for sale, then after the ivord adjudged add that the said premises be sold, with the approbation of the Master of the Supreme Court of Judicature at ). 5. {If judf^metit is for foreclosure omit this clause.) And it is further ordered and adjudged that the purchasers do pay their purchase money into Court to the credit of this cause, and that the same when so paid in be applied in payment of what has been found due to the said plaintiff together with subsequent interest ft w^^ 188 JinC.MKNTS. ami siil)sc(|iient costs, lo he computed and taxed l)y the said Master, aiul that the l)alaiice do abide the further order of the Court. 6. ( ll'/iitr //n/i^'Wift/ /s /(If iniinti/iitti' /r no one appearing for the defendant although duly notifieil, as by affidavit fiUfd appears, | and upon hearing read the affidavits and papers filed, and what was alleged hy the solicitor for the applicant [< ;■ all parties]: 2. It is ordered and adjudged that all necessary enquiries l)e made, accounts taken, costs taxed and proceedings had for the partition or .sale of the lands and premises in the said affidavits mentioned, and for the adjustment of the rights of all parties interested therein, or for a partition of part and .sale of the remainder of the said land.s, as may he most for the interest of the parties entitled to share therein, hy the Master of the Supreme Court of Judicature at — . V And it is further ordered and adjudged that the said lands, or such part thereof as the said Master shall think fit, he sold, with the approbation of the said Master, freed from the claims of such of the incumbrancers thereon (if any) whose claims were created hy parties entitled to the said lands before the death of the said testator [or intestate] as shall have consented to such sale, and subject to the claims of such of them as shall not havecon- l^ Jint.MENTS. 189 scntcd, and freed also from the dower ol — \ Court to the credit of thiscause, suhjeit to the order of the Court. 4 And It is turdier ordered and adjudged that. ui the event of a partition of the whole of the said laml, or in the event of a parti- tion of a part and the prineeds of the sale of the remainder heiii^ insutlicient to pay the costs in full, the costs, or so much thereof as remains unpaid, he l)<*riie and paid by the said parties according to their shares and interests in the said lands, | // //irn- hf au\ lufatit parties inti'trstai in the esl-tti' ii/>iaran(f or lit- fence, add: and an affidavit of iVc, filed iVc., of service of the said writ on the defendant, and no appearance having been entered in the Slid action (<^/- and the defendant having made default in delivering a defence) as by the books in the office of the at - ~ appears :| 2. It is ordered and adjudged that all necessary inquiries be made, accounts taken, costs taxed, and proceedings had for the redemption of the premises in question, and that for this purpose the cause be referred to the .Master of the Supreme Court of Judicature at . KK* Jim.MKNTS. V And. (subject to the provisions of section 2 of /'///• ,-/// ;r- s/ifitifii; .)/(>r/t,ui,i;;ff of h'i'a/ /istatf,) it is further ordered and ddjudiied that upon the plaintiff paying U> the defendant what shall Itc found due to him, or in case nothinj{ shall he found due to the defendant then forthwith after the confirmation of the said Master's report, the defendant do reconvey the said mortgaged premises, and deliver up all documents relating thereto. 4. And it is further ordered and adjudged that in case the plaintiff shall make default in payment as aforesaid of what may l)e found due from the plaintiff to the defendant that the plaintiffs action do stand dismissed out of this Court, with costs to he paid hy the jilaintiff to the defendant forthwith after taxation thereof. 5. And it IS further ordered and adjudged that in case nothing shall hi found due from the plaintiff to the defendant that the defendant do pay the |)laintiff his costs of this suit forthwith after the taxation thereof, and in case any balance shall he found due from the defendant to the plaintiff that the defendant do pay such halam e to the plaintiff forthwith after the confirmation of the Master s report. 236. Judg-ment on Praecipe for Sale Or Fnirc/iixiin' ivilh Refrrvncc as to /iiriinibr• the honks in the Central Office (i>r the office of the at ) appears] 2. It is ordered and adjud^ed tha; .ill necessary incjuiries l)e made, accounts taken, costs taxed and proceedings had for redemption or sale (<(j.) {Title, DatCy O'^c, as in Xo. -?,;/.) I. Upon motion for judgment made this day unto this Court by counsel for the plaintiff (e taxed. 239. Judgrment after Trial. Hon. Mr. Justice In the High Court ok Jt'sTicE J Monday the day of - 18- ( Date of pronouncing judgment. ) Between A. r>., Plaintiff, and C. I ). , E. 1'. , and G. H. , Defendants. I. This action coming on for trial this day (proprii>te direction or reference to Master or other ojjicer). 4. //so And this ("ourt doth reserve further directions and the question of costs until after the Master shall have made his report. f Sis^ntititrc of officer settling judgment "ivlicrc not the same person as tlic officer signing Jndgmcnt. J judgment signed the day of 18 — . Clerk of the C. and 1' (Or idhcr officer signing Judgment. ) as ^ ^ ig 240. Judgment after Trial By Court ivithont a Jury. [Title, Date, c'^-r. , as in Xo. Jji.) 1 . {For-nal Parts as in Form 2j/.} 2. This Court doth order and adjudge that the plaintiff do recover from the defendant (as may l>e directed.) 3. And this Court doth further order and adjudge that the defendant do pay to the plaintiff his co.sts of this action forthwith after taxation thereof [or this Court doth order and adjudge that this action he and the same is hereby dismissed with costs to he paid by the plaintiff to the defendant forthwith after taxation thereof.] Tl/e folhnving may be appended at or after the sij^nifi^ of the judgment on , oduction of the taxing officer s certijicate : The above costs have been taxed and allowed at $ as appears by a taxing officer's certificate dated the day of 18-. {Signature of officer signing Judgment. ) i "M i 194 241. JUDGMENTS. Judgrnent after Trial with a Jury. {Title, Date, &€., as in No. 2 jr.) I. This action having come on this day for trial before this Court with a jury of the County of at the sittings holden at - — — for the trial of actions (or at the Assizes holden at for the County of -), in presence of all parties (or if some of the parties do not appear of the plaintiff and the defendant C.l>., no one appearing for the defendants E.F. and G. M. although they were duly served with notice of trial as by the affidavit of ■ appears), and the jury having found a verdict for the plaintiff for $ damages (or as the case may be) : 2. This Court doth order and adjudge that the plaintiff do recover (as in Form 2ji.) 242. Judgment when Action tried in County Court. In the High Court ok Justice. X.Y. Esquire, Judge | of the County 1 Monday the day of Court of County of — the 189- Between A.B., Plaintiff, and CD., Defendant. This action having come on for trial (or the assessment of damages) at the sittings of the County Court of the County of York, holden on the day of 18 —, in presence of counsel for the plaintiff and the defendant (or if so., no one appear- ing for the defendant although duly notified), upon hearing read the pleadings and upon hearing the evidence adduced and what was alleged by counsel aforesaid and the said Court (or a jury of the said County as the case may fir) having assessed the damages of the plaintiff at the sum of $ : This Court doth order and adjudge that the plaintiff do re- cover against the defendant the sum of $ — and his costs to he taxed. JUDGMENTS. '95 243. Judgrment for Alimony. {Formal Parts.) Upon motion for judgment this day made unto this Court by Mr. , of counsel for the plaintiff, no one appearing for the defendant though duly notified as by affidavit of service of notice of motion appears, upon hearing read the plaintiff's statement of claim herein, the affidavits of and the exhibits therein referred to, and the order for interim alimony made herein on the day of last, and upon hearing what was alleged by counsel aforesaid : 1. This Court doth declare that the plaintiff is entitled to a proper allowance by way of alimony so long as she shall continue to live separate and apart from the defendant, having reference to the means, station and position in life of the parties hereto, and doth order and adjudge the same accordingly. 2. And this Court doth further order and adjudge that it be referred to the Master of the Supreme Court of Judicature for Ontario at to ascertain and fix a proper allowance to be paid by the defendant to the plaintiff for alimony so long as the plaintiff shall continue to live separate and apart from the defendant, having reference to the means, station and position in life of the parties, (and also to ascertain and fix a proper sum to be paid by the defendant to the pl^'ntiff as an allowance for interim alimony from the date of service of the writ of summons in this action to the date of this judgment pursuant to the said order of the day of last), and to tax to the plaintiff her costs of this action as betv/een solicitor and client, and to appoint a time and place for payment of said alimony and interim ahmony. 3. And this Court doth further order and adjudge that the defendant do pay to the plaintiff what the said Master may think proper to be allowed her for alimony and interim alimony as aforesaid up to the time of making the said report, and her costs of this action, forthwith after the said ATaster shall have made his report. 4. And this Court doth further order and adjudge that the defendant do from time to time pay to the plaintiff at such time and place as the said Master shall appoint during the lifetime of .96 JUIKIMENTS, the parties and so loii|^ as the plaintiff shall live separate and apart from the defendant, or until this Court shall make other order to the contrary, such sum as the said Master may find proper to be allowed to her for alimony. 5. lUit in the event of any of the days appointed for the payment falling upon a Sunday or other holiday, this Court doth further order and adjudge that payment be made on the next juridical day thereafter. {.Si\i^'fia////r of ofliier sigtiiti^^ judgntent. ) 244. Judg-ment Setting- Aside a Chattel Mortgragre As lictiwcu the Parties. {Formal Parts.) . I. This action having on the day of 189 on for trial before the Honourable Mr. justice come , one of the Justices of this Court, at the sittings holden at the City of Toronto for the trial of actions without a jury, in the presence of counsel for the plaintiff and the defendant, upon hearing read the pleadings and upon hearmg the evidence adduced the said Mr. Justice was pleased to direct that this action .should stand for argument before him, and the said argument coming on to be heard before the said Mr. Justice atOsgoode Hall on the - day of ^ ■ 18 — , in the pre.sence of counsel for the plaintiff and the defendant, upon hearing read the pleadings, the evidence taken at the trial and the exhibits filed, and what was alleged by counsel on both sides, and judgment having been reserved until this day : 2. This ('ourt doth declare that the chattel mortgage in the plaintiff's statement of claim mentioned, given by the plaintiff to the defendant dated the day of 189 - and filed in the office of the Clerk ot the County Court of the County of on the day of 18 — as number — — is void and of no effect and should be set aside and cancelled ; and this Court doth order and adjudge the same accordingly. 3. .\nd this Court doth further order and adjudge that the plaintiff do recover from the defendant the sum of dollars JUDGMENTS. m for his damages which he has sustained hy reason of the trespass in the statement of claim mentioned. 4. And this Court doth order and adjudge that the defendant, his servants, agents and workmen, he and they are herel)y enjoined and restrained from enforcing the said chattel mortgage and removing the goods and chattels in the said chattel mortgage mentioned or referred to from the said plaintiffs house and pos- session, and from selling the same or any of them, and from assign- ing or otherwise disposing of the said chattel mortgage, and from interfering in any way with the said goods or chattels or any of them. 5. And this Court doth order and adjudge that the defendant pay to the plaintiff forthwith after taxation thereof the costs of the plaintiff of this action including the costs of the motion for injunction. [Signature of officer signing- Jiicig-mcnt.) 245. Judgement Setting: Aside Deed of Land On Motion for Judgment. In the Hkih Court ok Ju.stice. Before the Honourable | Mr. Justice . ) -day the- -day of - 18-. lietween A.B., Plaintiff, and CD., Defendant. This action coming on to be heard this day by way of motion for judgment, upon hearing read the notice of motion herein and affidavit of service thereof, and the statement of claim and afi'v davit of non-appearance, and upon hearing counsel for the plaintiff, no one appearing for the defendant though duly served with notice of motion as by affidavit filed appears : I. This Court doth declare that the deed or conveyance in question herein bearing date the day of 18- pur- porting to convey from t!>.e plaintiff to the defendant all and singular [descri/ie the lands), is null and void, and that the same at mm m 198 Jl'DCMENTS. ought to l)e set aside, and doth order and adjudge the same accordingly. 2. And this Court doth further order and adjudge that the plaintiff recover against the defendant his costs of this action forthwith after taxation thereof. , ( Signature of officer signing Judgment. ) 246. Judgrmcnt for Arrears of Dower. On Motion for Judgment, (f'ormal Parts.) Upon motion for judgment made this day unto this Court by Mr. of counsel for the plaintiff, no one appearing for the defendant although duly notified as by affidavit of posting up of notice of this application in the office of the appears, upon hearing read the statement of claim herein, and upon hearing what was alleged by counsel aforesaid : 1. This Court doth declare that the plaintiff is entitled to dower in the lands and premises in the said statement of claim men- tioned, and doth order and adjudge the same accordingly. 2. And this Court doth order and adjudge that it be r,: . » ' to the Master of the Supreme Court of Judicature for Onh .;. n. to set out and assign such do^ver to the plainti.^r, r.vx take an account of the rents, issues and profits of the said lanas since the date of the death ol the plaintiff's husband, to which the plaintiff is entitled as dowress, received by the order or for the use of the defendant, and fix an occupation rent for the said lands while the defendant has been in occupation of the same, and to allow to the plaintiff her proportion thereof in respect of her dower. 3. And this Court doth further order and adjudge that the de- fendant do pay the plaintiff, within one month after the said Mas- ter shall have made his report, the amount which the said Master shall find to be due to the plaintiff for arrears of dower, and that in default thereof after such dower shall have been set apart as aforesaid the remaining part of the said lands or a competent i^art m JUDGMENTS. •99 thereof be sold with the approbation of the said Master, and that the purchaser do pay his purchase money into court to the credit of this action, and that all proper parties do join in the convey- ance as the said Master shall direct, and that the said purchase money whenso paid in as aforesaid be applied : First, in pay- ment of the amount which shall have been found due to the plaintiff for arrears of dower as aforesaid, and her costs, unless the said costs shall have been sooner paid by the defendant, and the residue thereof (if any) be paid to the defendant. 4. And this Cour'. doth further order and adjudge that the defendant do pay to the plaintifl her costs of this action forthwith after taxation thereof. (Signature 0/ officer signing judgment.^ 247. Judgrment for Payment of Dower And Annuity, and Sale in Default. {Formal Parts. ) 1. This Court doth declare that the plaintiff is entitled to have assigned to her her dower in the lands and premises described in the statement of claim, and that she is entitled to her annuity under the will of , mentioned in said statement of claim, and also to all arrears of said dower and annuity which may be due and unpaid from the defendant to the plaintiff, and doth order and adjudge the same accordingly.- 2. And this Court doth further order and adjudge that it be referred to the Master of the Supreme Court of Judicature for Ontario at to set out and assign to the plaintiff, by metes and bounds, her dower in the lands and premises in the statement of claim mentioned, and also to take an account of the amount due (if any) from the defendant to the plaintiff for arrears of said dower, and also for arrears of annuity under said will of , and also to appoint a time for the payment of the growing pay- ments of the said annuity, as the same shall accrue. 3. And this Court doth further order and adjudge that after the lands and tenements shall be set out and assigned to the plaintiff for her said dower the defendant do forthwith there- i'"^ !'>} 20() jrnOMENTS. afiir tk-livcr to the plaintiff possession of the lands and premises which shall he so set out and assigned to her, and the tenants thereof (if any) are to attorn to and pay their rents to the said plaintiff. 4. And this Court doth further order and adjudge that the defendant do forthwith after the making of the Master's report pay to the plaintiff the amount of such arrears (if ^ny) which the said Master shall find to he due to the plaintifl as aforesaid, and do also from tiine to time thereafter pay to the plaintiff the grow- ing payments of the said annuity as the sums shall fall due, at SiM h time and place as the said Master shall appoint. 5. And this Court doth further order and adjudge that the (Icfciidant do pay to the plaintiff her costs of this action forthwith after taxation Uiereof. 6. And this Court doth further order and adjudge that in de- fault of payment by the defendant of such arrears of dower and annuity and costs of this action within one month after the said Master shall have made his report, or in case the said defendant shall make default in payment of the growing payments of the said annuity as the same shall fall due, at such time and place as the said Master shall appoint, that in that event the said Master do enquire whether any person or persons other than the plaintiff has or have any Hen, charge or encumbrance upon the said lands or any part thereof, subsequent to the plaintiff", and if he shall find then such person or persons, he is to add him, her or them as a l)arty or parties to this action, and cause the said party or parties to be served with process, and is to take an account of what is due to such encumbrancer or encumbrancers and tax to them their costs of proving their claims, and settle their priorities. 7. And this Court doth further order and adjudge that in de- fault of payment of what shall be found due to the plaintiff for the arrears of the said annuity and dower within one month alter the said Master shall have made his report, or in the event of the said defendant making default at any time in payment of the growing payments of the said annuity at such time and place as the said Master shall appoint, the said lands, or a competent part thereof, be sold, subject to the dower of the said plaintiff, and that the purchaser do pay the purchase money into Court to the credit of this action, and that all proper parties do join in the conveyance as the said Master shall direct. a/ai JUDGMENTS. 30t ' X H. And this Court doth further order and adjudge that the purchase money be applied, first, in payment of what shall be found due to the said plaintiff for arrears of her said dower and annuity and costs, and her subsequent costs to be taxed, and second, a sufficient part of the residue to be settled by the said Master is to be set apart to secure the growing payments of the said annuity of the plaintiff, and the same is to be invested, and the income thereof applied from time to time in payment of the said annuity of the plaintiff as the S£\me shall fall due, and third, in payment of the amounts which may be found due to the encumbrancers (if any) for principal, interest and costs according to their priorities, and the residue thereof (if any) is to be paid to the said defendant, and upon the death of the said plaintiff the sum so ordered to be set apart to secure the growing payments of the said plaintiff's annuity, together with such part of any of the income not recpiired for the payment of the plaintifl 'f annuity, after the payment of the claims of the encumbrancers (if any), is also to be paid to the said defendant. [Signature of officer signing judgment. ) 248. Judgrnent Declaringr Municipal Election Void And Declaring Relator Entitled to Office or Directing Xew Election. See R.S.O. rSgy, Chap, jjj, Sec. J JO. S.S. 4. In thk Col'ntv Court ok tfie County ok {or In thk HuiH Court ok Justice.) The Queen, upon the relation of A.B., against CJ). Be it remembered that on the day of in the year of our Lord one thousand eight hundred and ninety — , at the County Judge's Chambers in the City of , before me — — , — — , came as well Judge of the County Court of the County of the above-named relator l)y Mr. , his counsel, as the above- named CD., by Mr. , his counsel, and upon the said day, at my Chambers aforesaid, having heard and read the notice of 202 Jl'DC.MENTS. motion hereunto annexed and proofs of the said relator touching; and (oiicemin^ the usurpation by him alleged against the said CI), of the office of alderman for \Vard Numl)er in the (!ity of in the said notice of motion mentioned, and the ele<:tion of the said C. I)., and the answers and p-oofs of the said C. f)., and having heard the said parties by their counsel, and upon due consideration of all and singular the premises, now, thai is to say, this — day of in the year aforesaid ; 1. I do adjudge and determine that the said C\). had not at the daie of his said election as alderman the property (jualification recjuisite to enalile him to be elected to the said otificc (or 3 (If the ir/ator is not Ifcinrrd cutitlfd to tlu- o(fiir hiitu fini.' elfc- tion IS orderi'd to be held say as follows .) 7. And I do further command the Corporation of tlie City of and any returning officer or other |)ers()n or persons or such of the said Cor|)oration to whom the same sliall of right l)elong, that they, the said Corporation, do, [)ursiiant to and according to the Statute in that l)ehalf, cause an election to he as speedily helil as shall be lawful, for the election of a person in the place or stead of the said CD. who has heen removed as aforesaid ; and that the said Corporation or such of the said Corporation to whom the same does of right belong do administer to the persoti who shall be so elected the oath, if any, in that behalf by law directed, and that the said Corporation do admit or cause to be admitted such person so elected into the said office, and that the said Corporation do make a return to this order according to law. Dated at this day of i8y — . {Signature of Judge or Officer. ) 249. Judg-ment for Defendant. On Motion to Contest Municipal Klection. ( Court and Style of Matter, as in preceding form. ) Be it remembered &c. {as in preceding form): 1. I do consider and adjudge that the said office of alderman so claimed by him the .said CD. be allowed or adjudged to him, that the said CD. be dismissed and discharged of and from the premises above charged upon him ; and also that he the said CD. do recover against the said relator his costs by him laid out and expended in defending himself in this behalf. 2. All which, &c. {as in preceding form). 3. Afterwards, &c. {as in preceding form). {Signature of Judge or Officer.) •»» I -J I 250. Jl'DOMENtS. Judg-ment Costs Out of Estate ,-/;/(/ Disiiiissitij^ .Ution (ix'iii'/s/ /'.xfiUfoLs an,/ /.cj^ti/trs. In iui. Hii.ii ConKT oi Icsiici;. The llniioural I list ice- day the clay of 1 8-. between A.U., I'laintilT, atul C.I)., K.I'", and C..H., Defendants. I. Tliis action coming on for trial upon the day of - iH-- l)efore this (!oiirt at the sittings thereof for the trial of actions without a jury holden by the Honoural)le Mr. Justice at -, in presence of counsel for the plaintiff and the defendants, upon hearinj^ read the pleadings, upon hearing the evident e adduced and what was alleged by counsel for all parties, and this(!ourt being pleased to reserve judgment until this day, and the same now coming on for judgment : 2. This Court doth declare that the property devised and beiiueathed to , deceased, in the pleadings mentioned, in and by the last will and testament of , deceased, was so devised and bei|ueathed to her, the said , absolutely and free from any trust, and doth order and adjudge the same accordingly. 3. And, subject to the declaration aforesaid, this Court doth further order and adjudge that this action be and the same is hereby dismissed. 4. And this Court doth further order and adjudge that the costs of the action of all parties, including those of the official guardian ad litem, be paid to them out of the estate of the said , deceased, by the defendants CD. and K.¥. as execu- tors, fortiiwith after taxation thereof And the said defendants, the executors, are to be at liberty to retain out of the estate of the said their costs to be taxed as between solicitor and client. {Si}:;»atiiri' of oj/iter sii^nitii; the judgment.) JIIHIMKMS. jo; 261. Judgment Against Executor or Administrutcr .(//<•/■ 7>/( '/«'/ hfi'u /'/iiii/t't/, (ir if /'ifui/ii/, laih. (I)c lK)iiis tcstatoris ; si iioii, de lionis propriis its to ,o.\/\-. ) (/■('////(// I'itits.) This Coiirl jloth order atid adjudge lliat the plaiiUill' rci over ajainst the delcudaii' die sum of $- , and the sum ol '$- for liis costs of suit, to he levied of the pro|)erty which was of the said I". I'", at the time of his death in llie liands of tlie defendant as executor {or administrator) as aforesaid to l)e achninistered, if he hath so much thereof in his hands to he athiiinistered, and if 1)0 hath not so much thereof in his hands to hcadministereil, tlien the sum of $ being for the costs aforesaid to lie levied of the proper j^oods and cliattels of the said defemlant. (Sii^naltirr of of/iirr .u\;;fiir/_i^' itid;^iniitt.) .\otc. Sii- Liiuis. /'tiitifotJi, 14 I', R. 255. 252. Judgment against Executor or Administrator /'ursKunl to Ori/tt on Motion for Jitif;^nietitn'hcit- /'hiititiff iim/its Defendatit's J'lca of J'artiai Adniiuistnitiou. (De lionis testatoris as to f^art ; de bonis testaloris ipiando accid- erint as to rfsiduc. ) ( fuinniil Parts. ) It is ordered and adjudged that the plaintiff recover against the defendant the sum of $ and costs to be taxed, to be levied as to the sum of $ of the property acknowledged to be in the hands of the defendant to be administered, and as to the residue thereof to be levied of other proiierty which was of the said K. F. at the time of his death and which shall hereafter come to the hands of the defendant as executor {or administrator) as aforesaid to be administered. {Sii^naturc of officer sii^niii^^ jinij^tnetit. ) 2o6 263. JUDGMENTS. Judgement agfainst Executor or Administrator De l)onis testatoris quando acciderint where Defence of plene administravit is Established. [Formal Parts.) This Court doth order and adjudge that the plaintiff recover and $- for his against the defendant the sum of $ costs of suit ; to be levied of the property which was of the said E. 1". at the time of his death and which shall hereafter come to the hands of the defendant as executor {ot administrator) as afore- said to be administered {Signature of the officer signing Judgment. ) Note. See McKihbon v. Feegan, 21 A.R. 87. 254. Judgement for Foreclosure. {Formal Parts.) 1. And an account of interest having been taken upon the principal sum of $ up to the day hereinafter appointed for payment the same amounts to , and the plaintiff's costs having been taxed, including the costs of the gaardian of the infant defendant, at which have been paid by the plaintiff and added to his own, the said sums when added together make the sum of . 2. It is ordered and adjudged that upon the said defendant paying the said sum into the Bank at between the hours of ten o'clock in the forenoon and one o'c'ock in the afternoon of the day of next to the joint credit of the plaintiff and the Accountant of the Supreme Court of Judica- ture for Ontario, the plaintiff do assign and convey the mortgaged premises in question in this cause to the defendant or to whom he may appoint, free arid clear of all incumbrances done by him, and deliver up all deeds and writings in his custody or power relating thereto upon oath to the defendant or to whom he may appoint. V And it is further ordered and adjudged that in default of JUDGMEX'TS. 207 the defendant making such payment l)y the time aforesaid, he do stand absolutely debarred and foreclosed of and from all right, title and equity of redemption of, in and to the said mortgaged premises. {Signature of officer signing judgment.) 255. Judgment Setting: Aside Fraudulent Conveyance. Plaintiff Simple Contract Creditor. {Formal Parts. ) 1 . This Court doth declare that the deed of conveyance from the defendant C D. to the defendant E.F., dated the day of 189— in the pleadings mentioned, of the lands and premises in question in this action is fraudulent and void as against the plaintiff and the other creditors of the said defendant C. D. and doth order and adjudge the same accordingly. 2. And this Court doth further order and adjudge that it be referred ^^ the Master of the Supreme Court of Judicature for Ontario at to enquire and state whether any persons ot'ier than the plaintiff are creditors of the said defendant CD., and whether any persons have any lien, charge or encumbrance (other than prior mortgages) upon the said lands and to cause such persons (if any) to be served with process under the Rules in that behalf, and that the said Master do take an account of what is due to the plaintiff and such creditors and encumbrancers as may come in and contribute to the expenses of this action for principal money and interest, and tax to them their costs of this suit, and settle their priorities, and appoint a time and place for payment one year from the date of this said report, unless it shall appear that any such creditor has a writ of fi. fa. in the hands of the sheriff against the lands of the said defendant C I), which he would l)e entitled to enforce at an earlier date, and in such case the said Master shall appoint such earlier date for the payment of the said moneys. 3. And that upon the said defendants or either of them paying to the plaintiff and the said encumbrancers and creditors what shall be so found due for principal, interest and costs at such time and place as the said Master shall appoint, the plaintiff and such I =3 20S JlDllMENTS. i Si t other creditors ;ind eiicuml)rancers do assign and cor.vey the said lands free and clear of all encumbrances done by them and deliver up all deeds and writings in their custody or power relating thereto upon oath to the defendant or defendants making such payment or to whom he, she or they may ap[)oint, or enter up satisfaction upon the roll of their respective judgments or release and discharge their said debts as the case may i)e. 4. lUit in default of payment being made as aforesaid this Court doth further order and adjudge that the said lands or a competent part thereof be sold with the approbation of the said Master, who is to settle the conveyance or conveyances to the pur- chaser or purchasers in case the parties differ about the same, and that the purchaser or purchasers pay his, her or their purchase money into Court to the credit of this action subject to further order, and that the same when so paid in tie applied : 1st, in pay- ment to the plaintiff of his costs of this action as between party and i)arty, or so much thereof as may not be personally paid by the defendants as hereinafter directed : 2nd, in payment of what shall be found due to the plaintiff and the said creditors and encumbrancers according to their priorities together with subse- ([uent interest nnd subsequent costs to be computed and taxed by the said Master. 5. And this Court doth further order and adjudge that the said Master do take an account of the costs of the plaintiff as between solicitor and client and the costs, charges, expenses and disburse- ments of the plaintiff of and incidental to this action over and above the plaintiffs costs as between party and party, and a[ipor- tion the difference among the encumbrancers entitled to share in the said moneys, including the plaintiff, in proportion to the amounts realized for them under this decree, and that the amount of such difference be paid out of the shares of the said creditors and encumbrancers including the plaintiff in the said moneys according to such apportionment. 6. And this court doth further order and adjudge that the de- fendants do pay the plaintiff his costs of this action up to and inclu- sive of the trial forthwith after ta.xation thereof. {Sif^natuie of officer sii^tiiii}:; Jitd^ment. ) JUDGMENTS. 209 256. Judgement on Further Directions In Widotv's Administration Action where further Directions had been specially Reserved. [Formal Parts). 1. This matter coming on this present day to be heard on further directions and as to costs in the presefice of counsel for the plaintiffs and the defendants respectively, upon opening of the matter, and upon hearing read the order made in this matter and bearing date the day of last, and the report of the Master of the Supreme Court of Judicature at dated the day of last, and upon hearing what was alleged by counsel aforesaid : 2. This Court doth order and adjudge that the defendants do forthwith collect and get in the outstanding estate set out in the said report, and do pay the amount thereof into Court to the credit of this matter. 3. And this Court doth order and adjudge that the plaintiffs do forthwith pay into Court to the credit of this matter the balance found to be in their hands on account of the personal estate, and the rents and profits of the real estate by the said report with interest thereon from the date of the said report, less the sum of $ allowed to the said plaintiff as compensation for his services. 4. And this Court doth further order and adjudge that the real estate in the said report mentioned, or a sufficient portion thereof, be forthwith sold with the approbation of the said Master, who is to settle the conveyance or conveyances to the purchaser or purchasers. 5. And this Court doth further order and adjudge that the purchaser or purchasers do pay his, her or their purchase money into Court to the credit of this action, subject to the further order of this Court. 6. And this Court doth further order and adjudge that the plaintiff do elect before the said Master whether she will take under the will of the said testator or will take dower in the said real estate, and in case she shall elect to take under the said ^ ^ e I 2IO JUDGMENTS. will, then the said Master is to enciuire and state what sum should he set apart out of the proceeds of the sale of the real estate, after payment of the costs of this action, and providing for the payment of incumbrances upon the said real estate, and the debts^ of the said testator which the personal estate shall prove insuffi- cient to pay, to provide for the allowance given by the said will to the said , and that the interest upon such sum be paid out of Court half yearly to her from time to time, during the remainder of her natural life, l)ut subject to the reduction of the amount of such senr-annual payment in the event of the said marrying again, as provided by the will of the testator. 7. And in case the said shall elect to take dower in the said real estate the said Master is to enquire and state whether she will elect to take a sum in gross in lieu of her dower, or to have one third of the purchase money in which she is entitled to dower set apart for her, and in the latter event that such one- third be set ai)art, and the interest thereon be from time to time paid out to her half-yearly, during the remainder of her natural life. 8. And this Court doth further order and adjudge that the said Master do tax to the plaintiffs their costs of this action as between solicitor and client, and do tax to the Official (iuardian his costs of this action. 9. And this Court doth further order and adjudge that the Master do take a subsequent account of the amount found due to the creditors in the report named, and add the amount thereof to their claims. 10. And this Court doth further order and adjudge that the money to be paid in by the plaintiffs lie applied (ist) in payment of the costs of this action ; (2nd) in payment of the creditors of the said testator ; and that the balance, if any, together with the purchase money of the said land when paid in be applied (ist) irv payment of those incumbrancers whose claims are a charge upon the said real estate and were charged thereon previous to the marriage of the said plaintiff; (2nd) in payment to the said of the sum allowed to her in lieu of dower if she elect to take her dower, and a gross sum is allowed to her, or if a sum is set apart to he invested for her, then, and in such cas>e that such sum be so set apart, and (3rd) in payment of the other creditors of the said testator in so far as the personalty was insufficient to pay them. And if the said shall elect to take under the JUDGMENTS. 21 I said will then after payment of the costs, claims and debts aforesaid, that out of the proceeds of the sale of the real estate a sufficient sum be set apart to satisfy the said allowance subject to reduction as aforesaid under the said will, to the said , and that the interest thereon from time to time be paid out to her during her life, but subject to the reduction before- mentioned, in the event of her marrying again, and (4th) that the balance be invested foi uit benefit of the defendant, and be paid out to him on his attaining his majority. {Sigfiature of officer. ) 267. Judgfment Against Married Woman For Payment of Money. (^Formal Parts.) I , This Court doth order and adjudge that the plaintiff do recover dollars and costs to be taxed against the defendant CD.. such sum and costs to Vie payable out of the separate property of the said defendant C.I), as hereinafter mentioned and not other- wise. 2. And chis Court doth further order and adjudge that execu- tion herein be limited to the separate property of the said defend- ant C.I), which is not subject to any restriction against anticipa- tion unless by reason of Section 21 of The Married Women's Property Act such property shall be liable to execution notwith- standing such restriction. {Signature of officer. ) See Married Women's Property Act K.S.O. i8gj. cliap. /6j, sees. 4^21. See also tlie form of fudgment as settled in Scott v. Morley., 20 Q.B.D. 132. See also Quebec B<(nk v. Radford., 10 P. R. 619 and Cameton v. Hei};tts, 14 r.R. 56. Note.-F.very contract entered intq lya married womanon oroftet ijt/i April, iHgj., may he enforced by process against all property which she may thereafter, while discovert., possess or be entitled to. 5^ 5s ivMfei -3 212 JUDGMENTS. 268. Judgrment— Appointing* Receiver Of Assets of Partnership Firm and Directing Enquiries. The Honouraljle Mr. lustice In the High Court ok Justice. the dav of lietween A.B., Plaintiff, and CD., E.F. and G.H., trading under the firm name and style of CD. & Co., Defendants. Upon motion this day made unto this Court by Mr. of counsel for plaintiff, in presence of counsel for defendants, upon hearing read the writ of summons, the affidavits of A. B. and X.Y. and the exhibits in said affidavits referred to, and upon hearing what was alleged by counsel aforesaid : 1 . This Court doth order and adjudge that the Toronto General Trusts Compan} (or as the case may be) be, and they are hereby appointed (without security) to receive and get in all the property both real and personal of the said firm of CD. iS: Co., and of the said CD., E.F. and G.H. 2. .\nd this Court doth further order and adjudge that the said defendants do deliver over to the said receivers all the property, assets and effects which may have come to their hands of the said firm of CD. & Co., or of the individual members of the said firm, subject, however, to the lien, if any, of the defend- ants or any of them upon the said property, assets and effects, or any portion thereof. 3. And this Court doth further order and adjudge that the said appointment is without prejudice to the rights of any prior incumbrancer or incumbrancers upon the real and leasehold property who may think proper to take possession of the same by virtue of their respective securities, and without prejudice to such possession the tenants of the said real and leasehold property are, subject as aforesaid, to pay their rents in arrears and growing rents to the said receivers who are entitled to receive the same ; and the said receivers are to be at liberty if they shall think proper Jl'DGMENTS. 21' (but not otherwise) out of the rents and profits to be received by them to keep down the inttrfEi upon the prior incumbrances according to their priority, and also to pay charges by way of rent, taxes and insurance upon said properties and are to be allowed such payments (if any) on passing their accounts. 4. And this Court doth further order and adjudge that the said receivers do collect and get in and receive all debts due and owing to the said firm of C. D. & Co. 5. And this Court doth further order and adjudge that the said receivers do pass their accounts as such receivers as aforesaid before , Esquire, Official Referee, at such time and place, or times and places as he may from time to time appoint, and that the said receivers do pay the balance which may from time to time be certified to be in their hands into Court to the credit of this action subject to the further order of this Court. 6. And this Court doth further order and adjudge that it be referred to the said Official Referee to take the following accounts and make the following enquiries : — (a) An enquiry of what the credits, property and effects now belonging to said partnership consist. {l>) An enquiry to settle and ascertain the names of creditors of the said firm of CD. & Co., and the amounts due to them respectively. (c) An enquiry as to the priorities of claims of creditors of the said firm of CD. i\: Co. 7. And this Court doth further order and adjudge that the said Official Referee be at liberty to make an interim report forthwith after the accounts referred to in paragraph 6 are taken. 8. And this Court doth further order and adjudge that the said plaintiff and defendants or any or either of them be at liberty to apply to the Court from time to time for such further or other directions as occasion may require. 9. And this Court doth further order and adjudge that further directions and the question of costs of this action be reserved until after the said Official Referee shall have made his report. {Signature of officer.) -2 214 269. JUDCIMENTS. Judgrnent For Sale Of Mort^^a;:^ed Lands wherein Infants are Concerned. {Formal Farts.) 1. And an account of interest having lieen taken upon the principal sum of $ up to the day hereinafter appointed for payment, the same amounts to $ , and the plaintiff's costs having been taxed, including the costs of the guardian- of the infant defendant, at $ , which have been paid by the plaintiff and added to his own, the said sums when added together make the sum of %■ •. 2. It is ordered and adjudged that upcn the defendant paying the said sum into the I5ank at between the hours of ten o'clock in the forenoon and one o'clock in the afternoon of the day of next to the joint credit of the plaintiff and the Accountant of the Supreme Court of Judicature for Ontario, the plaintiff do assign and convey the mortgaged premises in (juestion in this cause to the defendant or to whom he may appoint, free and clear of all incumbrances done by him, and deliver up all deeds and writings in his custody or power relating thereto upon oath to the defendant or to whom he may appoint. 3. And it is further ordered and adjudged that upon default of the defendant making such payment by the time aforesaid the mortgaged premises be sold by public auction, tender or private contract, and that for this purpose it be referred to the Local Master of the Supreme Court of Judicature at , by whom the conveyance to the purchaser is to be settled. 4. And it is further ordered, that the purchaser do pay his pur- chase money into Court to the credit of this cause, subject to further order ; and that the same when paid in be applied in payment of what is due the plaintiff, together with subsequent interest and subsequent costs, including the subsequent costs of the said guardian, when computed and taxed. {Signature of officer.) it JUDGMENTS. 2»5 260. Judgement Directing- Reference for Sale tvherein Itifants are Or Foreclosure of Mortgaged Lands Concerned. {Foiinal Parts.) 1. It is ordered and adjudged that the Local Master of the Supreme Court of Judicature for Ontario at do enquire and state whether a sale or foreclosure of the mortgaged premises in question in this cause would be more beneficial for the infant defendant A.B. 2. And it is further ordered and adjudged that all necessary enquiries be made, accounts taken, costs taxed, including the costs of the guardian ad litem of the said infant A. B., which are to be paid by the plaintiff and added to his own, and proceedings had for redemption or foreclosure or sale of the said premises, according as the said Master may find foreclosure or sale more beneficial. 3. And it is further ordered and adjudged, in the event of the said Master finding that a sale will be more beneficial, that the purchaser do pay his purchase money into court subject to further order : and that the same when so paid in be applied in payment of what is due to the plaintiff, together w'th subsequent interest and subsequent costs, including the subsequent costs of the said guardian, when computed and taxed. {Signature of officer.) 261. Judgment Allowing- Set-off of Costs On High Court Scale against Costs on Division Court Scale. {Formal Farts.) I. This Court doth order and adjudge that the said defendant •CD. do pay to the plaintiff the sum of $ and costs on the Division Court scale, and that the defendant CD. be entitled to set off against such sum and costs the costs of action of the said defendant as between solicitor and client upon the High Court scale, and that the plaintiff do pay to the said defendant the excess, if any, in his favor forthwith after taxation. {Signature of officer.) ;» 2l6 262. Jl'Dr.MESTS. Judg-ment for Specific Performance Of' Contract for the Sale of luiiuts. [Formal Parts.) I. This C'ourt doth dcchiro that t.ic agreement dav of 189 dated tlie ill the pleathngs mentioned consti- tuted a binding contract between the plaintiff and tlie defendants for the sale by the defendants to the plaintiff of ((A-jv//"/'*///^ /(/m/.v) situate in the of in the County of for the price or sum of dollars, and that the same ought to be specifically perfornied and carried into efleit; and doth order anil adjudge the same accordingly. 2. And this Court doth further orderand adjudge that the follow- ing inijuiry be made, namely : An inquiry whether a good title can be made to the said lands ; and in case a good title can be made thereto, this Court doth order that interest be computed at tlie rate of per centum per annum on the said sum of dollars, the purchase money for the said lands comprised in the said agreement, from the day of 189— when the same ought to have been paid according to the terms of the said agreement. 3. And this Court doth further order and adjudge that the following account be taken, namely : An account of the rents and profits of the said land received by the defendants or any of them, or by any other person or persons by their or any of their order, or for their or any of their use, since the day of 18-. 4. And this Court doth further order and adjudge that it be referred to to tax the plaintiff's costs of this action. 5. And this Court doth further order and adjudge that the amount which shall be found on the taking of said account of rents and profits, and the amount of the said costs when taxed, be deducted from the amount of the said purchase money and interest when so computed as aforesaid. 6. And this Court doth further order and adjudge that upon the plaintiff paying to the defendants the balance which shall be certified to be due to them in respect of such purchase money and interest after such deduction as aforesaid, the defendants do- .lim.MKNIS. «>7 cxcciiti' a proprr ronvryaiuf ol tin- s;ii.',s men tioned and doth order and adjudge the same accordingly. 2. .\nd this (!ourt doth further order and adjudge that the defendant do forthwith pay to liie |)lainlirf the ()Verdiie instal nients of the purchase money of the lands and premises in the pleadings mentioned amounting to the sum of df)llars with interest on the sum of - ■ dollars, being the first of said insialmj its, from the day of 18 -, amounting to dollars, and also with interest on the sum of dollars, heing the second of said instalments, from the day of 18 , amounting to dollars, heing in all the sum of — dollars. 3. And this Court doth further order and adjudge that the defendant he and he is hereby restrained from cutting, removing, selling or otherwise dealing with the wood or timber upon the said lands and premises, until he has pertormed the said agree- ment and made such payments as are above mentioned. 4. And this Court doth further order and adjudge that the defendant do pay to the plaintiff the costs of this action forthwith after taxation thereof [Stgnalure of officer.) ' V -3 2lH jldi;ments. 264. Judg-ment Declaring- that Land Passed I'nt/rr Will Notwithstanding; Misdescription, {Formol Parts.) 1. Tliis Court doth declare that under the devise to the plaintiff of the north half of Lot No. 34 in the 4th Concession of the Town- sliip of contained in the will of deceased in the pleadings mentioned, the north half of Lot No. 33 in the 4th Con cession of the said Township of passed to the said plaintiff for all the estate which the said testator had therein at the time of his decease charj^ed with the payment of the sum of $ and interest thereon since the — day of last, which sum is payable to the infant defendants A. H. and C.I)., children of the testator's daughter in equal shares, the share of each of the said infant defendants being payable upon his attaining the age of 21 years, and doth order and adjudge the same accordingly. 2. And this Court doth further order and adjudge that until the said infant defendants attain the age of 21 years the interest at the rate of 6 per cent, per annum on their respective shares in the said fund be i)aid half-yearly into Court to the credit of this action. 3. And this Court doth further order and adjudge that upon the said infant defendants A. B. and CD. respectively attaining their majority the monies to which they are respectively entitled be paid out to them with such interest as may have accumulated thereon. 4. And this Court doth further order and adjudge that the said plaintiff do pay to the official guardian his costs of this action forth- with after taxation thereof. {Signature of officer.) 4 265. JLDllMKMS. Judg-ment EstablishinR* Will. aig {Formal /*iir/s.) I. This Court doth declare that the paper writing, dated llie 'day of — A.l). i8 — in the pleadings set forth and purporting to be the last will and testament of A. H., is the last will and testament of the said A.H., and doth order and adjudge the same accordingly. 2. And this ('ourt doth further declare that the interlineations, erasures, and cancellations ap|)earing to have been made in the said last will and testament suhsecjuent to the execution a.id publication thereof by the testator, to wit {herr specify sawt), are inoperative, and that the said will ought to be read and construed as though such last-mentioned interlineations, erasures and can- cellations had never been made in the said will, and doth order and adjudge the same accordingly. 3. And this Court doth further declare that the said defendant CD., the widow of the said A.B. , is not under the said will put to her election between the provisions made for Jier benefit in the said will and her rights as doweress and as widow of the said testator, and doth order and adjudge the same accordingly. 4. And this Court doth further declare that the devise of the premises {tioti)\n the said will contained to — is a valid devise to the said , and doth order and adjudge the same accordingly. 5. And this Court doth further declare that the devise of the premises {description) to the said E.l'". for life and from and after his decease to the defendant — was revoked by the sale of the said devised premises by the testator in his lifetime, and doth order -"nd adjudge the same accordingly. 6. And this Court doth further order and adjudge that it be referred to the Master of the Supreme Court of Judicature for Ontario at to take and make all such accounts, proceed- ings and emjuiries as •lie -may find to be necessary for the purpose of winding up and distributing the estate of the said testator according to the practice of this Court, and the executors are to pay into Court to the credit of this action as the said Master shall direct any balance which may be found in their hands. 2 20 JUDGMENTS. Hi 7. And this Court doth further order and adjudge that such ')arts of the said estate as the said Master shall direct shall be sold with the approbation of the said Master, and the purchasers are to pay their purc.ase money into Court to the credit of this action, and all proj^ ?r narties are to join in the conveyances as the said Master shall direct. 8. And this Court doth further order and adjudge that the said Master do enquire and state whether it would be for the interest of the parties that the whole or any part of the real estate of the testator in which the said CD. is entitled to dower and which may be sold under this judgment, should be sold free from or subject to such dower, and the said lands are to be sold free from or subject to such dower accordingly, and the said Master is to fix a sum in gross to be paid to the said CD. in lieu of dower in such of the said lands as shall be sold freed from her said dower. 9. And this Court doth further order and adjudge that the said Master do tax to all parties their costs of this action, those of the executors between solicitor and client, and that such costs be borne by the personal estate if sufficient, and if the personal estate be insufficient for the payment thereof, then the same or such part thereof as the personal estate shall be insufficient to pay are to be borne by the real estate. 10. And this Court doth further order and adjudge that the pr. .c?ds of the said estate when paid into Court be paid out as the said Master shall direct. {Signature of officer. ) 266. Judgrment— Court of Appeal. Certificate of Judgment Dismissing Appeal. In the Court ok Appeal for Ontario. the day of — 189—. lietween A. B., (Appellant) Plaintiff, and C.I), and E.F., (Respondents) Defendants. This is to certify that the appeal of the above-named appellant from the judgment of the Honourable Mr. Justice one of t t JUDGMENTS. ' aai the Justices of the High Court of Justice for Ontario, pronounced on the day of 189 — having come on to be argued before this Court on the day cf 189—, whereupon and upon hearing counsel as well for the appellant as the respondents this Court was pleased to direct that the matter of the said appeal should stand over for judgment ; and the same having come on this day for judgment : It was ordered and adjudged that the said appeal should be and the same was dismissed with costs to be paid by the appellant to the respondents forthwith after taxation thereof. • — Registrar. 267. Judgment of the Supreme Court of Canada Allowiug Appeal. In the Supreme Court of Canada. the day of A. D. 189— Present :— The Right Honourable Sir Henry Strong, Knight, Chief Justice. The Honourable Mr, Justice Taschereau. The Honourable Mr. Justice Sedgewick. The Honourable Mr. Justice King. The Honourable Mr. Justice Girouard. The Honourable Mr. Justice Gwynne being absent, his judg- ment was announced by the Honourable Mr. Justice Taschr -"au pursuant to the Statute in that behalf. Between A.H., (Plaintiff) Appellant, and CD., (Defendant) Respondent. The appeal of the above-named appellant and cross appeal of the above-named respondent irom the judgment of the Court of Appeal for Ontario pronounced in the above cause on the day of in the year of our Lord one thousand eij,ht hundred and , reversing the judgment of the Divisional Court of the High Court of Justice for Ontario rendered in the said cause on the day of in the year of our Lord one thousand OS p I 222 JUDGMENTS. eight hundred and and dismissing this action, having come on to be heard before this Court on the and days of in the year of our Lord one thousand eight hundred and ninety , in the presence of counsel as well as for the appellant as for the respondent, whereupon, and upon hearing what was alleged by counsel aforesaid, this court was pleased to direct that the said appeal and cross appeal should stand over for judyment, and the same coming on this day for judgment : 1. This court doth order and adjudge that the said appeal should be and the same was allowed, that the said cross appeal should be and the same was dismissed, and that the said judgment of the said Court of Appeal for Ontario should be and the same was reversed and set aside : 2. And this court doth further order and adjudge &c. 3. And this court doth further order t nd adjudge that the said respondent should and do pay to the iaid appellant the costs incurred by the said appellant as well in th". said Court of Appeal for Ontario as in this Court. Registrar. 268. Judgrment - Petition of Right. Certificate of Jridgniciit for Pctitiouer after Hearing Petition S:c. ( Judge's signature. ) it-, 269. LETTERS. Letters of Administration. Canada : Province of Ontario. I In Her Majesty's Surrogate Court of the County ok . Be it known that on the day of in the year of our Lord one thousand eight hundred and ninety letters of administration of all and singular the property of A.B., late of the of in the County of , {addition), deceased, who died on or about the dayfof in the year of our Lord one thousand eight hundred and ninety ■ at , intestate, and had at the time of his death a fixed place of ab » at the of in the said County of ■ , were granted by Her Majesty's Surrogate Court of the County of — to CD. of the of in the County of ^ , [addition), son {or as the case may be) of the said intestate, he having been first sworn faithfully to administer the same, by paying his just debts and distributing the residue (if any) of his property accord- ing to law, and to exhibit under oath a true and perfect inventory of all and singular the said property and to render a just and true account of his administration whenever required by law so to do. [seal.] Registrar of the Surrogate Court of the County of -. Surrogate. 270. Letters of Administration with Will Annexed. Canada : "i Province of Ontario. ^ In Her Majesty's Surrogate Court ok the County of . Be it known that late of the of in the County of , deceased, who died on or about the day of 3 ^ k ^ § fe fe g -si V 2SC 224 LETTERS. i8— at and who at the time of his death had a fixed place of al)ode at the — of in the said County of -, {or had no fixed place of abode in Ontario, or resided out of Ontario hut had at such time property in the said County of ■ ), made and duly executed his last will and testament (with codicils) and did therein name of the of in the County of — (atM/ion), executor thereof (t^r named no executor therein), a true copy of which said last will and testament is hereunder written {or true copies of which said last will and testa- ment (and codicils) are hereunder written) ; and be it further known that on the ^ ^ day of 1 8— letters of administration with the said will (and codicils) annexed of all and singular the property {or as the case may be if grant limited) of the said deceas- ed, were granted by Her Majesty's Surrogate Court of the County of to of the of in the County of , {insert the character in which the grant is taken, and if the executor has renounced, state it), he the said having previously been sworn well and faithfully to administer the same according to the tenor of the said will, by paying the just debts of the deceased and the legacies contained in his will {or will and codicil), so far as the same shall thereunto extend and the law bind him, and by distributing the residue (if any) of the property accord- ing to law, and to exhibit under oath a true and perfect inventory of all and singular the property of the said deceased, and to render a true and just account of his administration wherever required by law so to do. [seal.] Registrar of the Surrogate Court of Surrogate. the County of . 271. Letters Probate. Canada : ^ Province of Ontario. J In Her Majesty's Surrogate Court of the County of . Be it known that on the day of in the year of our Lord one thousand eight hundred and ninety the last 'f?i LETTERS. 225 will and testament of late of the of in the County of and Province of Ontario, {addition,) deceased, who died on or about the day of in the year of our Lord one thousand eight hundred and ninety at in the County of , and who at the time of his death had a fixed place of abode at , was proved and registered in the said Surrogate Court, a true copy of which said last will and testament is hereunder written, and that the administration of all and singular the property of the said deceased and in any way concerning his will was granted by the aforesaid Court to , the executor named in the said will, he having been first sworn well and faithfully to administer the same by paying the just debts of the deceased and the legacies contained in his will, so far as he is thereunto bound by law, and by distributing the residue (if any) of the property according to law, and to exhibit under oath a true and perfect inventory of all and singular the said property, and to render a just and true account of his executorship. [seal.] Registrar of the Surrogate Court Surrogate. of the County of . I 272. Letters— Double Probate, Canada : Province of Ontario. J In Her Majesty's Surrogate Court of the County of W^hereas on the day of A.D. 189— the last will and testament {or the last will and testament with codicils) of A.B. late of the — of in the County of , {addition), who died on or about the day of -A.D. 189— at , and who at the time of his death had a fixed place of abode at in the said County of — - — , {or had no fixed place of abode in Ontario, or resided out of Ontario but had at such time property in the said County of ), was proved and registered in the said Surrogate Court, a true copy of which said last will and testament is hereunto annexed, {or true copies of i t n 226 LETTERS. which said last will and testament and codicil are hereunto an- nexed), and that the administration of all and singular the property of tbf o;) il deceased and in any way concerning his will was ^■"anu tie aforesaid Court to CD. of the of — in the C. '0 — — •, {addition), one of the executors named in the said will (f /codicil), power being reserved of making the like grant to F./"'. nf the ■ of in the County of — -, {addition), the other t. rutc . ned in the said will, when he should apply for the same. Be it Sier^ .are known that also on the day of A. D. 189 - the said will of the said deceased was proved, and that the like administration of all and singular the property of the said deceased and in any way concerning his will was granted to the said E.F., he having been first duly sworn well and faithfully to administer the same by paying the just debts of the deceased and the legacies contained in his will {or will and codi- cil), so far as he is thereunto bound by law, and by distributing the residue (if any) of the property according to law, and to exhibit under oath a true and perfect inventory of all and singular the said . property, and to render a just and true account of his executorship whenever required by law so to do. [seal.] Registrar of the Surrogate Court of the County of . Surrogate. 273. Letters of Guardianship. Canada : Province of Ontario. \ J In Hkr Majesty's Surrooate Court ok the County of . Whereas A. B. of the ■ of in the County of , {addition), by petition to the said Court did set forth that CD. late of the of in the said County of , {addition), died on or ai)out the day of one thousand eight hundred and ninety at the of in the County of , and had at the time of his death his V, LETTERS. 227 fixed place of abode at the of in the County of — , and that the said deceased died a widower, leaving him surviving E. K. and O. H. his natural and lawful children, who reside at the of in the County of ; that the said E. F. is an infant of ■ years of age, and the said G. H. is an infant of years of age; and that the said CD. died intestate without having appointed a guardian of the said infants ; and prayed that he might be appointed guardian of the persons and estates of the said infants pursuant to the Statute in that behalf, and that letters of guardianship might be granted to him by the said Court : Be it known that on the day of in the year of our Lord one thousand eight hundred and ninety the said A.B. was appointed guardian of the persons and estates of the said E. F. and G.H., and ihese letters of guardianship are accordingly granted by the said Court to the said A.B. with power and authority to him the said A.B. to do all such acts, matters and things as a guardian may or ought to do under and by virtue of any Act of the Legislature of Ontario relating to minors and their property, he the said A.B. having been first bound as required by law to perform the said trust and having been duly sworn to faith- fully perform the trust of guardianship, and that he will when his said wards respectively become of the full age of twenty-one years, or whenever the said guardianship is determined, or sooner if thereunto reciuired by the said Surrogate Court or by the Judge thereof, render to his said wards or to their executors or adminis- trators a true and just account of all goods, moneys, interests, rents, profits, property or other estate of his said wards, which shall have come into his hands or possession or under his control, and will thereupon without delay deliver and pay over to his said wards or to their executors or administrators the estate or the sum or balance of money which may be in his possession or under his control belonging to his said wards, deducting therefrom and retaining such reasonable sum for his expenses and charges as shall upon an audit of his accounts be allowed by the Court or the Judge. [seal]. • Registrar of the Surrogate Court Surrogate.' of the County of . ft is 228 274. MOTION PAPERS. Motion Paper on Application for Prohibition To Magistrate. In the High Court of Justice. 15efore the Divisional Court. Monday the day of 189—. In the Matter ok an informa- tion and complaint laid before , Esquire, Police Magistrate in and for ihe of -, by charge. ) agamst for (set out Motion on behalf of the above-named {defendant), upon reading the afifidavits of the aforesaid defendant and of — — -, with the exhibits therein referred to, filed, for an order calling upon , Esquire, Police Magistrate in and for the of , and , the informant, upon notice to them of such order to be s.erved upon them, to show cause why the said , Esquire, {Magistrate) should not be prohibited from proceeding to convict the said defendant without receiving and hearing his evidence on his own behalf, or, in the alternative, why he should not be compelled, before convicting the said defendant, so to receive and hear his evidence on his own behalf {or as the case may be), with costs, and in the meantime that all proceedings be stayed. Of counsel for defendant. 275. Motion Paper On Application for Rule Nisi. Before the Divisional Court. In the High Court ok Justice. \ Monday the day of ■ 189—. The Queen against CD. Motion on behalf of the above-named CD., dpon reaauig the return to the writ of certiorari granted herein, filed, and the said NOTICES. 229 writ, and the affidavits and papers filed in Chambers upon the application therefor, and the recognizance entered into l)y the defendant with a surety to duly prosecute the said writ, also filed, for an order calling upon A. B., Esquire, Police Magistrate (or one of Her Majesty's Justices of the Peace) in and for the of , and E. F., the informant, upon notice to them of such order to be served upon them, their solicitors or agents, to show cause why the conviction of the above-named CD. ui)on the information and complaint of the said E.F., for that he did on the day of 189— at the of in the County of unlawfully (sff out charge) should not be quashed with costs upon the following among other grounds I. &c. {set out grounds). Of counsel for defendant. 276. NOTICES. Notice of Acceptance. 0/ Sum Paid into Court. {Rule 42 j.) In the Hich Court of Justice. Between A.B., Plaintiff, and CD., Defendant. Take notice that the plaintiff accepts the sum ot $- — paid by you into Court in satisfaction of his claim herein (c^r of his claim for cVc. ) Dated &c. X.Y. Plaintiff's Solicitor. ToZ. Defendant's Solicitor. SI* nic 230 NOTICES. 277. Notice of Accident i'niier The Municipal Act, R.S.O. i8g7, Chap, 22j, Sec. 606, s.s. 3. . To A. 15., Mayor of the City of of , as the case may />e). Take notice that on the (or Reeve of the day of — 18— C.I), of {insert address of injured person) met with an accident, and there- by sustained personal injury, on Street {or Road) in the Municipality ot , and that such accident was caused by the defective state of a sidewalk {setting out particulars of the defect, or as the case may l>e) on said Street {or Road). Dated at this day of ■ 18—. Yours &c., X.Y. • Solicitor for C. I). 278. Notice of Accident Under Workmen's Compensation for Injuries Act, R.S.O. i8gy. Chap. 160, Sec. ij. To A. Ti. of {insert employer's address). Or To the Company {or as the case may be). Take notice that on the day of 189— CD. of {insert address of injured person), a workman in your employment, sustained personal injury {add of which he died, if such be the case), and that such injury was caused by {state shortly the cause of injury, e.g. the fall of a beam). Dated &c. Yours &:c., X.Y. Solicitor for C. D. NOTICES. 2^l 279. Notice of Action. in the tn To A. H,, Esquire, Police Magistrate of the City of — County of . You are hereby notified that I, C.I), of the City of the County of , {ociupation), intend, at the expiration of one month from the time when this notice shall have been delivered to you or left for you at your usual place of abode, to commence an a :tion against you in the High Court of Justice for Ontario {or in the County Court of the County of , or in the ■ Division Court in the County of as the case may be), to recover damages from you, for that you the said A. H. did on the day of i8y— at the City of in the County of , without any authority or jurisdiction in the premises, cause me to be arrested and imprisoned in tne (^aol for the space of three days {or as the case may be : state the cause of action clearly and explicitly), to the damage of me the said CD. of $ which I claim. Dated at the day of 189—. CD. or E.F. Solic.i».oi for CD. Endorsement to be made on Notice. This notice is served by C D. {or if served by his solicitor say by E.F. of No. Street in the City of in the County of , solicitor for the said CD.) who resides at No. Street in the Citv of in the County of- Note. — Police Magistrates, Justices of the Pence, and every other officer and person fulfilling any public duty are entitled tn notice of action when sued for any thing done by them in the performance of such duty or in execution of their office. See R. S. O. i8g'^. Chap. 88, Sec. /., s.s. (/) and {2) atid Sec. 14. See also The Division Courts Act R. S. O. 18^"^, Chap. 60, Sec. 2)8. i 23^ NOTICES, 280. Notice of Admission of Title l)t Dispute of Title of Claimant to Goods Taken in Execution. {Rule 1 1 IS') Take notice that 1 admit {or dispute) the title of A.B. to the goods {or to certain of the goods, namely, set them out) seized by you under the execution issued on the judgment in this action. Dated at the day of 189—. E.T. Plaintifif's solicitor. To the Sheriff of 281. Notice of Appeal to Court of Appeal. {Rule 799.) In The High Court of Justice. Between A.B., (Respondent) Flaintift, and CD., (Appellant) Defendant. Take notice that CD. the above-named appellant intends to appeal and hereby appeals from the judgment, (order £»■ decision), pronounced in this action by the Divisional Court of the High Court of Justice (ilLty on the Township of Clair such as would be imposed should said highway be put in the condition proposed by said report, plans and specifications. 20. The said proposed work is not necessary for the maintaining of the said highway known as the Townline, nor for the purpose of I ft >, 236 NOTICES. any of the highways or lands assessed in the Township of Clair, and the proper proceedings to repair said highway are under the provisions of The Municipal Act and not under The Mnnicipal Drainage Act. 21. The councils having jurisdiction over said highway have not passed any resolutions or given any authority to spread the earth or interfere with the highway as proposed. 22. The said report, plans, profiles, specifications, estimates and assessment improperly and illegally pretend to provide for future repairs and maintenance of the said proposed work. 23. The Council and Corporation of the Township of Erie on their part have not passed any by-law for the appointment of the engineer, or for the adoption of the proposed work, and have not bound themselves to do the proposed work. 24. And upon the further grounds disclosed in the said report^ plans, profiles, specifications, estimates and assessments. Dated at this — day of 189—. To the Reeve of the Township of Erie. X. & Y. Solicitors for the Corporation of the Township of Clair. 283. Notice of Appeal from By-law Under The Municipal Drainage Act, R.S.O. i8gy. Chap. 226, In the matter of the Municipal Drainage Act. And in the m.\tter of the By-law of the Corporation of the Town- ship of Erie provisionally adopted on the day of 189—, entitled "The Erie and Clair Townline Drain Improve- ment By-law." Between The Corporation of the Township of Clair, Appellants, and The Corporation of the Township of Erie, Respondents. Notice is hereby given that the Corporation of the Township of Clair hereby appeals to the referee under The Municipal Drainage NOTICES. 237 Act from the above-mentioned by-law of the Corporation of the Township of Erie upon the following grounds : — {Here set forth the grounds of appeal in numbered paragraphs as thus :) I. No copy of said by-law or of the report, plans, specifications, assessments and estimates of the engineer on the proposed work referred to in said by-law has been served upon the head of the Township of Clair as required by the Statute in that behalf. 2. 3- 4. iStc. Delivered the •City of — appellants. day of — in the County of 189— by of the solicitor for the said 284. Notice of Appeal Against Conviction Or Order of a Justice of the Peace to the Judge of the County Court under R.S.O. iSgj, Chapter g2. To C. D. &c. , and E. F. &c. {names and additions of persons to whom notice of appeal is required to be gi7'en). Take notice that I the undersigned A.B. of intend to enter and prosecute an appeal to the Judge of the County Court of the County of against a certain conviction {or order) bear- ing date on or about the day of instant and made by (you) J.S., Esquire, a Justice of the Peace in and for the said County of , whereby I the said A.B. was convicted of hav- ing {or was ordered to pay, here state the offence as in the conviction, information or summons, or the amount adjudged to he paid as in the order, as correctly as possildc.) Dated at this day of 189—. A.B. or A.B. by E.F. his solicitor. o Hi 238 NOTICES. 285. Notice of Appeal Against Conviction Oy Order of a Jttstice of the Peace to the General Sessions of the Peace under R.S.O. i8gy^ Chapter go. To CD. osition thereto, add, And I desire to be heard in opposition to the application and require notice to be given to — - — at {mtming place within two miles of the Central Office) of the day fixed for the hearing of the petition. Dated this day of — 189—. {Signature and address of person giz'ing notice. ) To Messrs. {names of solicitors of petitioner). 295. Notice that Cheques Ready. {Rule 714.) {Short Style of Cause.) The cheques for the amounts directed to be paid to the creditors of A. B., deceased, by an order made in this action {or matter) dated the day of 18—, may be obtained at the Accountant's Office in Osgoode Hall, Toronto, on and after the day of 18 — . G.R. of 5 f ^ 248 NOTICES. l>e\ and further take notice that I will upon the said applicatior* read the affidavits ot E.F. and X.Y. filed with the Clerk of the said Court. Dated &c. 303. Notice to Creditor to Pro\; I. « 2^2 309. NOTICES. Notice of Election That Defendant Conduct Sale. {Rule jSj.) In the High Court ok Justice. Between A.B., Plaintiff, and CD. Defendant. Take notice that the plaintiff elects that the sale of the mort- gaged premises be conducted by you instead of by the plaintiff, and you are at liberty to withdraw the deposit made by you in this cause for the purpose of such sale. Dated &c. A.B. Plaintiff's solicitor. To the defendant and CD. his solicitor. 310. Notice of Filing Accounts and Affidavit. In the High Court of Justice {Short Style of Cause. ) Take notice that I have this day filed in the office of the Master of the Supreme Court at the accounts of the defendant A.B. {or as the case may be\ in pursuance of the direction of the said Master made on the day of i8 — , and an affidavit of the said defendant {or as the case may be) verifying the said accounts. Dated at To E.F. the - day of i8— . CD. Solicitor for the defendant A.B. Solicitor for the plaintiff. NOTICES. 853 311. Notice of Filing- Bond On Appeal. In the High Court ok Justice. Between A.B., (Respondent) Plaintiff, and CD., (Appellant) Defendant. Take notice that we have to-day filed in the Central Office of this Court at Osgoode Hall, Toronto {or as the case may be), a bond for security for the costs of the appellant's appeal to the Court of Appeal. Dated the day of 189—. Yours &c.. To G.H., Esq. X. & Y. Respondent's solicitor. Appellant's solicitors. 312. Notice of Filing- Bond On Order for Arrest. (Rule 1040.) {Short Style of Cause.) Take notice that I have this day filed in the Central Office, Osgoode Hall, Toronto {or other proper office); a bond ot the defendant given pursuant to the order for arrest herein, and that the names of the sureties therein are A.B. of in the County of ■ , {addition), and C.D. of in the County of {addition). Dated this To O.H. Plaintiff's solicitor day of A.D. 18—. E.F. Solicitor for defendant. 3 Or tff' an ^5 z 254 NOTICES. 313. Notice of Garnishee Order Jn Lieu of Order for Service out of Ontario. {Rule gi i.) In the High Court ok Justice. Between A.H., Judgment Creditor, and ' CD., Judgment Debtor, E. E., Garnishee. ToE.F. of . Take notice that an order has been obtained attaching all debts owing or accruing due from you to the above-named judg- ment del)tor to answer a judgment recovered against the said judgment debtor by the above-named judgment creditor in the High Court of Justice on the day of i8 — for the sum of $ , on which judgment the sum of $ remains due and unpaid. And take further notice that an order has also been obtained appointing the day of 18 — at o'clock in the forenoon for the making of an application before at by the said judgment creditor, for a further order that you pay to the said judgment creditor the debt due to the said judgment debtor from you, or so much thereof as may be suf- ficient to satisfy the said judgment ; and an application will be made accordingly, and if you do not attend on the return of the said motion an order may be made in your absence. Dated at the day of ■ 18—. A.B. of — iScc, the above- named judgment creditor, or X.Y. of iSiTC, solicitor for the said A.B. (riim «.„ NOTICES. 255 314. Notice to Incumbrancers. {Rule 746.) In the Hi(;h Court ok Justice. Between A.B., Plaintiff, and C.I)., Defendant. Whereas an action has l)een instituted by the above-named plaintiff for the foreclosure {or sale) of {or enforcement of a lien on) certain lands {insert description of lands), and I have been directed by the judgment made in this cause and dated the (lay of 18— to inquire whether any person other than the plaintiff has any charge or lien or incumbrance upon the said estate : and whereas it has been made to appear before me that you have each some lien, charge or incumbrance upon the said estate, and I have therefore caused you to be made party to this action, and have appointed the day of 18— at — o'clock in the — — — noon for you to appear before me at my Chambers at , either in person or by your solicitor, to prove your claim : Now you are hereby required to take notice : ist. That if you wish to apply to discharge my order making you a party, or to add to, vary, or set aside the judgment, you must do so within fourteen days after the service hereof; and if you fail to do so, you will be bound by the judgment and the further proceedings in this cause, as if you were originally made a party to the action. 2nd, That if you fail to attend at the time and place appointed, you will be treated as disclaiming all interest in the land in (question, and it will be dealt with as if you had iio claim thereon, and your claim will be in fact foreclosed. Dated this day of 18—. W. L. To . Master. iis> > g u ^ .1 C ^l 256 316. NOTICES. Notice— Indorsement on Defence And Counterclaim to be Senwd on Third Party. {Rule 24^.) To the within-named X.Y. Take notice that if you do not deliver a defence to the within counterclaim of the within-named CD. within eight days from the service of this defence and counterclaim upon you, you will be liable to have judgment given against you in your absence. I )efence, if any, is to be filed at . A.B. Solicitor for . 316. Notice— Indorsement on Office Copy Of Judgment or Order to be Served under Rules 20^-2 ig on Persons Interested in Proceedings but not made Parties. To (the person upon whom service is to be made. ) Take notice, ist, that from the time of service of this notice you [naming t/ie party, or {where the notice is directed to be served on some perse u for an infant or person of unsound mind) X.Y. {naming the infant or person of unsound mind) an infant or a person ot unsound mind] will be bound by the proceedings in this cause in the same manner as if you ^or the said infant ('a- person of unsound mind] had been originally made a party, unless you [or the said infant or person of unsound mind] within fourteen days after the service hereof apply to the Court to add to, vary or set aside the within judgment [or order] : and 2nd, that you [or the said infant or person ot unsound mind] may upon service of notice upon the plaintiff attend the proceedings under the within judg- ment [or order. ] A.B. of the of in the County of Plaintiff's solicitor. NOTICES. 257 317. Notice— Indorsement on Office Copy Of Judgment or Order Served under Rides 6^Q-66o. To A. B. {the person upon whom service has been directed.) If you wish to apply to discharge the within order or to add to, vary, or set aside the judgment in this cause, you must do so within fourteen days from the service hereof. ( When the order fixes a time for the further proceedings^ add) And if you fail to move to discharge the said order or to add to, vary, or set aside the judgment, ana fail to attend at the time and place appointed by said order, either in person or by your solicitor, such order will be made and proceedings taken, in your absence, as may seem just and expedient : and without any further notice you will be bound by the judgment and the further proceedings in the cause in the same manner as if you had been originally made a party. A.B. Plaintiff's solicitor. 3 318. Notice- Indorsement on Order Adding or Changing Parties. [Rule jgg.) Take notice that if you desire to discharge this order you must apply to the Court for that purpose within 14 days after the service hereof upon you. The statement of claim in this action is filed in the office of the at {and if the service is after a judgment directing a reference to a Master or other officer^ add ) and the reference under the judgment in this cause is being pro- secuted in the office of the at — — -. A.B. Plaintiff's solicitor. a I W \\ '4' ..,»„ '«i..,„„ '«>" '.;: sLr»'- "».^ 258 313. NOTICES. Notice— Indorsement on a Petition. {Ride Qjy.) Take notice that the within petition will be presented to the Court (f'r the presiding Judge in Chambers or as may be) at Osgoode Hall, in the City of Toronto {or as may l>e), on the day of 189— at o'clock in the forenoon or so soon thereafter as counsel {or the matter) can be heard. If you do not attend on such presentation such order may be made in your absence upon the petitioner's own showing as may seena just, and you will noi be entitled to receive notice of any future proceedings on the petition. And take notice that in support of the petition will be read the affidavits of (^;" depositions of i^ik^n as may /><•). . Dated this ■ day of 189—. To CD. Respondent. Petitioner. {or) {or) Messrs. X. & Y. Solicitors for the respondent. This petition is filed by Messrs. in the County of , solicitors for the within-named petitioner who carries on business at — . Petitioner's solicitor, of the City of 320. Notice to inspect Documents. {RkIc 470.) In the Hi(;h Court or Justice. Between A.B., Plaintiff, and CD., Defendant. Take notice that you can inspect the documents mentioned in your notice of the day of A.D. 18— [^except the (iced numbered in tiiat notice\ at my office on ■ • day next the instant between the hours of 1 2 and 4 o'clock. C/-, that the [plaintiff or defendant] objects to giving you NOTICES. 259 inspection of the documents mentioned in your notice of the day of A. I). 18 — on tlie ground [s/a/r the groutid ]. I )ated &c. To L.M X. Y. Solicitor for . S ''citor for . 321. Notice of Intention of Petitioner To Apply Joy Leave to W'itluinriV Petition inidef The Ontario Controverted Elections Aet, R.S.O. 181^7, Chap. 11, The Ontario Controvertko Elections Act. Election Petition for the I'^lectoral District of {statr the place) in which A.B. is Petitioner and C.I). Res|)ondent. Notice is hereby j^iven that the above Petitioner has on the day of 18— lodged at the office of the Registrar of the Court of Appeal notice of an application to withdraw the petition, on the following ground {set it out): And take notice that any person who might have been a Petitioner in respect of the said election may, within ten days after the publication of this notice, give notice to the Registrar of the Court of Appeal, in writing, of his intention on the hearing to apply for leave to be substituted as a Petitioner. Dated «S:c. A. B. Returning Officer. 322. Notice for Jury. The Judicature Act, R.S.O, iSg"^, Chap. 5/, Sec. 106. {Court and Full Style of Cause.) The Plaintiffs {or one or more of them or the Defendants, or one or more of them as the ease may be) re(iuire that the issues in this cause be tried {or the damages in this cause be assessed) by a jury. Dated &c. X.Y. Solicitor for plaintiffs {or as the case may be). To 26o NOTICES. 323. ;«|ll Notice of Levy by Sheriff rn(/rr Crvditofs' Relief Act, ShKRIKK's NOTICK. Notice is hereby given that I have, by virtue of certain execu- tions delivered to me against the goods and chattels and lands and teneinfnts {or us the case may In) of C'.l). levied and made out of the property of the said C I), the sum of $ . And notice is further given that this notice is first posted in my office on the day of ivv to the Court on the trial of this action all books, papers, letters, copies of letters, and other writings and documents in your custody, possession or power, containing any entry, memor- andum or minute relating to the matters in (luestion in this action, and particularly the following : — {Setting them out.) Dated &c. Description of document. Date. To the above-named de- fendant and to G. H. , Esq., his solicitor or agent. E.F. Solicitor for the above-named plaintiff. 336. Notice to Produce Documents At Trial of Election Petition. In the High Court ok Justice. The Ont.vrio Controverted Elections Act. Election for {state the place) holden on the — and the day of 18—. day of Between A. B., Petitioner, and CD., Respondent. Take notice that the petitioner {or respondent) hereby requires you to produce and show to the Court on the trial of this petition NOTICES. 267 all books, papers, letters, copies of letters, and all writings and other documents in your custody, possession or power, containing any entry, memorandum or minute relating to the matters in question in the said [)etition, and particularly the documents in the schedule hereunder written. Dated this day of To G. H., Esq Agent {or solicitor) for the respondent {or petitioner). 189—. Yours iVc, E.F. Agent {or solicitor) for the petitioner {or respondent). And to the above-named respondent {or petitioner). Schedule Ahove Referred to. Description of document. Date. V. 336 Notice to Creditors to Produce Documents. {Rule 70^,) {Short Title.) You are hereby required to produce in support of the claim sent in by you against the estate of A B. deceased {describe any documetit re(/uireti), before the Master in Ordinary {or other Master or officer) at his Chambers at &c., on the day of 18 — at o'clock in the ■ — - — -noon. Dated this day of 18—. To Mr. S.T. G.R. of (5v:c., solicitor for the plaintiff, {or defendant, or as may be.) I <4 •^ •^ I IF- 268 337. NOTICES. Notice to Produce for Inspection Donivicnts Referred to in Pleadings or Affidavits. {Rale ^6g. ) In the High Court ok Jusiice. Ketween A.H.. Plaintiff, and CD , Defendant. Take notice that the plaintiff ((>r defendant] requires you to produce for his inspection the following documents referred to in your statement of claim \or defence, or afifidavit dated the day of ■ A.D. 18— :| {Describe documents required. ) X.Y. ToZ. Solicitor for defendant {or plaintiff). Solicitor for the plaintiff {or defendant). 338. Notice Quieting- Titles Act. To a Person Apparently Interested in the Lands. In the High Court ok Justice. In the matter of {the lands. ) Take notict- that A.B. of the Citj of , Esquire, has made an application to the High Court of Justice for a certificate ot his title to the above-mentioned property under The (Quieting Titles Act, and take notice that if you claim any interest therein you must lodge your claim in writing, verified by affidavit, stating the particulars thereof, at my Chambers in — — — on or before the — day of 189—, and serve a copy on the said A.B. of &c. {gijr address), and, in default thereof, any claim, right or interest you may have therein at law or in equity will be forever barred and extinguished. This notice is served on you because \gi7'e briefly the reason why notice is served, e.g. from the evidence adduced before me it appears that you claim to be entitled to the said land as heir- NOTICES. 269 at-law of C.I), of , deceased, whereas the said A.B. claims to be entitled to the said lands free from any claim whatever on your part.) Dated this day of 18—. Referee of Titles. To {name the parties to be served with their (uhiresses). 339. Notice of Renewal of Writ Of Fieri Facias. {Rule 872.) In the Hich Court ok Justice. Between A.B., Plaintiff, and CD., Defendant. Take notice that the writ of Fieri Facias issued in this action directed to the Sheriff of and bearing date the day of 18— has been renewed for three years from the day of 18—. E.F. To the Sheriff of Solicitor for the plaintiff. 340. Notice of Setting- Down S/>ccial Case. ( Rules 372-37,^. ) In iHE Hk.h CnuRT ok Justice. ISctwccn A.H., Tlaintiff, and CD., Defendant. 'I'ake notice that I have this day set down the special case stated in tiiis action for argument at Osgoode Hall, Toronto, {or the report dated the day of 18 — of , Esq., I ' <3 / Ml .;; iiainji; 270 the - Referee in this the day of - Dated this NOTICES. for hearing as a special case) op. 18-. day of 18—. X.Y. I'laintifl's solicitor, {or as the case may be. ) 341, Notice— Settled Estates Act. l^nrsnant to Section 2^. (Rule Q74- J (Title same as for Petition under Settled Estates Act.) Take notice that {name petitioners and their address, as in the petition) have filed in the Central Office at Osgoode Hall, Toronto, a petition in the above matters praying that {as in petition, and deseriliiih^ the lands, messuages or tenements as in the petition), and it is intended to apply to the said Court for an order in accordance with such prayer, and you are (severally) hereby recpiired to file a notification in the said Central Office at Osgoode Hall, Toronto, in writing, within 14 days after the service hereof, whether you assent to or dissent from such application, or submit your rights or interests so far as they may be affected by such application to be dealt with by the Cou't, and a copy of such notification is to be delivered to the petitioners' solicitors or left for them at the address specified at the foot hereof, and may be so delivered by transmit- ting the same to them by post at such address. If no notification shall be so filed and delivered within the time aljove limited, you will be deemed to have submitted your rights and interests to be dealt with by the Court, and the Court may thereupon make such order as it shall see fit without further notice to you. In the event of your dissenting from such application and desir- ing to be heard in opposition to the application, you are by your notification to require notice to be given to or left f :r you or your solicitor at a place (specifying it) within two miles of the said Central Office within days of the day on which the petition is fixed for hearing. You or your solicitor can, upon reasonable notice to the under- NOTICES. 271 named A.B., inspect and peruse a copy of the petition without payment of any fee, and you are entitled at your own expense to have a copy of such petition furnished to you. Where a trustee is to be seri'ed under section 2g of the Act, add: This notice is given you in pursuance of the aljovc Act, l)ecause you are seized or possessed of an estate in trust for {name bene- ficiary) whose consent or concurrence to or in the application is required by the Act. Dated the ■ day of 18—. A. cV' B. Petitioners' solicitors. {Address.) To {name person or all persons to he served pursuant to above section. ) Note. — A copy of the al)ove notice, vwith a notification at the foot thereof to be filled up by you, is sent herewith. 342. Notice of Surchapgre. {Full Style of Cause.) Take notice that the defendant seeks to charge the plaintiff A.B. with the several sums of money of which the amounts and particulars are set forth in the schedule hereunder written beyond what the said A. H. has admitted to have received by his account marked " A " filed in the office of the Master of the Supreme (^ourt of Judicature for Ontario at on the day of 18 — , under the judgment {or order) in this cause bearing date the day of 1 8—, (// an affidavit has been filed in support of the surcharge, add) and that I have this day filed an affidavit of the plaintiff in support of such surcharge. Dated this • day of— — — 18—. C. D. Solicitor for the defendant. To the said A.B. and to E.F., his solicitor. 'I •si NOTICES. 343. IP' '■■•■».a»i Notice to Tenant To Pav Rent to Lessee umier Settled Estates Act. Take notice that you are rerjuired to give up quiet and peace- al)le possession of according to the terms of your lease from the late , and further take notice that all rents accru- ing on and from the day of i8— of the said premises are and will be payable to Dated i.\:c. by you. 344. Notice to Tenant to Attorn To Receiver. {Short Style of Cause. ) I, L. M. of {residence and addition) the receiver appointed in this cause of the rents and profits of the real estate of A.B. the testator {or as may be) hereby give you notice and recjuire you to attorn and become tenant to me for {describe the property) now- occupied by you, and for such other part or parts of the said real estate as is or are in your occupation ; and to pay to me your rent in arrear and the growing rent for the said premises. Dated this day of i8 — . L. M. Receiver. To W .V . of {residence and addition). 345. a Notice to Tenant Under Overholding Tenants Act. In the County Court ok thk County ok . Between A. H., Landlord, and CD., Tenant. Take notice that the above named A.I!. of in the County of — claims possession from you the above-named NOTIlES. 273 CD. of I,ot in the -in the County of- — Concession of the Township of — on the ground that the term of the tenancy has expired {or as the case may be). And further take notice that the Judge of the County Court of the County of- • has appointed day the day of 18- at the hour of o'clock in the noon at his Chaml)ers in the City of for the purposes stated in the appointment, a copy of which is hereto annexed. Dated at the day of 18—. E.F. SoHcitor for the said A. H. To the above-named CD. 346. Notice to Third Party. {Rule ^og.) In thr Hk;h Court ov Justice. Notice filed the day of • Between A.B., Plaintiff, 18- and CD., Defendant. To Mr. X.Y. Take notice that this action has been brought by the plaintiff against the defendant as surety for M.N. upon a bond conditioned for payment to the plaintiff of $2,000 and interest. The defendant CD. claims to i)e entitled to contribution from you to the extent of one-half of any sum which the plaintiff may recover against him, on the ground that you are his co-surety under the said bond ; {or also surety for the said M.N. in respect of the said matter, under another bond made by you in favor of the said plaintiff dated the day of A. D. 18 - : or as acceptor of a bill of exchange for $500, dated the day of A.D. 18 — drawn by you upon and accepted by the defendant CD., and payable three months afterdate. The defend- ant CD. claims to be indemnified by you against liability under the said bill, on the ground that it was accepted for your accom- modation : N»> vv^. IMAGE EVALUATION TEST TARGET (MT-3) ^ 1.0 I.I UilM 125 |50 "^^ H^H •^ 1^ 12.2 140 IIIII2.0 1.8 , 1 1:25 1.4 III 1.6 ^ 6" ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14SM (716) •72-4503 11 274 NOTICES. or to recover damages for a breach of a contract for the sale and delivery to the plaintiff of 1,900 tons of coal. The defendant C. 1). claims to be indemnified by you against liability in respect to the said contract, or any breach thereof, ontlie ground that it was made by him on your behalf and as your agent). And take notice that if you wish to dispute the plaintiff's claim in this action as against the defendant CD., or your liability to the defendant C.I)., you must cause an appearance to be entered for you within eight days after service of this notice. In default of your so appearing, you will be deemed to admit the validity of any judgment obtained against the defendant CD. and your own liability to contribute or indemnify to the extent herein claimed, which may be summarily enforced against you pursuant to the Rules of the Supre're Court. CD. Or\.\'. Solicitor for the defendant CD. Appearance to be entered at . 347. Notice of Trial— General. {Ride sj8.) In the High Court ok Justice. Between A. B., Plaintifl, and CD., Defendant. Take notice of trial of this action [or the issues in this action ordered to be tried] at — — for the day of next. 1 )ated i-., e.g. the insurance moneys payable under policy No. in the (defendants') Company, now in the hands of the (defendants), or a car of lumbei- now in the possession of the above-named Railway Company consigned to A. B., or the goods and chattels seized by the above-named sheriff under the writ of fieri facias issued in this action], and maintain or relinquish the same and abide by such order as may be made herein. i •s4 5:: .14 19 278 361. NOTICES Ol' MOTION. Notice of Motion to Court. In thk Hkih Court ok JtsTicR. between A.H., Plaintiff, and CD.. Defendant. Take notice that the Court will be moved on l)ehalf of the at Osgoode Hall, 'I'oronto, (or as may fie) on day the day of 18 at o'clock in the forenoon, or so soon thereafter as counsel can he heard, for an order that (s/(i/r the object of the intended applieatioti), or for such other order as may seem just. | In cases ivliere it is necessary to set out the grounds of the motion, add upon the following; grounds, statin^; them concisely. ] And take notice that in support of such motion will be read {state the affidavits or other ei'idence to be used.) Dated the day of 18 -. . X.Y. Solicitor for the plaintiff (^/' defendant). To L.M. Solicitor for the defendant {or plaintiff). 352. Notice of Motion to Divisional Court. {Court and Stvle of Cause.) Take notice that this Court will be moved on behalf of the plaintiff at the next sitting of the Divisional Court of the High Court of Justice, at Osgo ide Hall in the C!ity of Toronto, beginning on day the day of i.Scj- at the hour of o'clock in the forenoon, or so soon thereafter as counsel can be heard, for an order that judgment in this action be entered in favor of the plaintiff for the amount of the plaintiff's claim with costs, notwithstanding the failure of the jury at the trial of this action to agree upon a verdict, upon the following among other grounds : — «-3i 't .:::: NOTICES OK MOTION. 279 1. Upon the evidence adduced at the said trial the plaintiff is in law f. titled to recover the amount of his said claim. 2. '1 here was no evidence upon which the jury could properly find that the goods delivered to the defendant, for the price of which this action is brought, were so delivered to him as a gift. 3. The plaintiff is entitled to recover in the action unless the defendant establishes that the intention of A.H. whose estate the plaintiff represents in .sending the said goods to the defendant, and the defendant's intention in receiving them, was that they should not i)e i)aid for, and the learned judge at the trial should have so charged the jury. 4. Upon the facts proved in evidence no jury would be justified in finding a verdict adverse to the i)laintifr. Or for such further or other order as to the said Court shall seem right. .\nd upon such motion will be read the pleadings in the action and the evidence taken and exhibits put in at the trial. Dated the day of 18—. E.F. Solicitor for plaintiff. To ('..!!., Esq. Solicitor for defendant. s 353. Notice of Motion to Divisional Court. {^Formal Parts. ) For an order to set aside the judgment entered herein for the plaintiff and to enter judgment for the defendants or for a new trial on the following among other grounds : — 1. That the judgment pronounced herein by the Honourable Mr. Justice — — ^ on the day of 18— is against law and evidence and the weight of evidence. 2. That there never was a complete^ contract of bargain and sale or sale and delivery between the plaintiff and the defendants in respect of the goods mentioned in the statement of claim, ,V I'hat there was no contract between the plaintiff and the defendants in respect of the goods mentioned in the statement of 1 3c: Oo NOTICES OF MOTION. claim within the 17th section of the Statute commonly known as the Statute of Frauds. 4. That if there ever existed a contract l)etween the plaintiff and the defendants in respect of the said goods, there was never any separation or appropriation of the goods to the contract by the plaintiff so as to pass the property therein to the defendants, and the loss, if any, must fall upon the plaintiff. 354. Notice of Motion to Divisional Court /ij' Way of Appeal from County Court, In the County CorRT ok the County ok . Hetween A.H., Plaintiff, and C.I)., Defendant. 'lake notice that the Court will be moved on behalf of the above- named plaintiff at the next sittings of the Divisional Court of the High Court of Justice to be holden at Osgoode Hall in the City of Toronto on — — - the day of 18 — at the hour of o'clock in the forenoon or so soon thereafter as counsel can be heard, by way of appeal from the judgment |)ronounced at the trial of this action on the day of 189— by the Judge of the County Court of the County of sitting without a jurv, dismissing this action with costs, and for an order to set aside the said judgment and to assess the damages and enter judg- ment for the plaintiff, or for a new trial, or for such other order as to the Court may seem just, upon the following among other grounds -.—{Here set out grounds in numbered paragrnphs.) i St. ■c i NOTICES OK MOTION. 281 366. Notice of Motion for Administration Judgfment Or for an Order rvspectiiifr the Guardianship of an Infattt. [Rail' g^s-) In Thk High Court ok Justice. Between A.B., IMaintiff, and C.I)., Defendant. Take notice that a motion will be made liefore the presiding judge in Chaml)ers at Osgoode Hall, Toronto, [or l)eU)re the Master in Chambers or the Master of the Supreme Court of Judi- cature at at his office in the City (or Town) of &c. (as the case may re Hall in the City of Toronto on day the day of 189— at the hour of o'clock in the forenoon, or so soon thereafter as the motion can be heard, for an order that the Judge of the County Court of the County of- ^^ do forthwith send to the Cen- tral Office of the High (!ourt of Justice at Osgoode Hall, 'I'oronto, the proceedings and papers in the said action with all things touching the same, that the Court may cause to be done there- upon what it shall see fit to be done, and for an order staying all further proceedings in the said Division Court {or County Court) until further order of the High Cour'. or a Judge thereof: nr for such further or other order as may he deemed right. And take notice that in support of iVc. Dated &c. 'I'o the Judge of the County Court .\.\'. of the County of and to CD. theabove-named defendant. Solicitor for l* . :\. 359. Notice of Motion for Writ of Certiorari To Rvniovc Summarv Conviction. In thk High Couri ok Justk:e. The (^ueen against A.B. Take notice that a motion will be made on behalf of {insert name and residence of the party eoni'icted) before the presiding i 3 m i t 1. 284 NOTIlES OP MOTION. Jiid^c in Chambers at Os^^oode Hall in the City of 'i'oronto on Mdnday (or Friday) the day of 189— {no/f that t> ilmt (iiiys MctiiY is thressnry), at the hour of 10 o'clock in the forenoon, or so soon thereafter as the motion can he heard, for an order that a Writ of (!crtiorari do issue to remove into this Court the information and complaint of (insert tiamf and address of />roseiutor) against (name of defendant ) tried before , Ksq., I'olice Magistrate (or a Justice ol the Peace) in and for the - of on the day of 189—, together with the information, depositions, evidence and record of conviction, and all other papers and matters in connection therewith and |)roccss thereunder, to bring up the said conviction to be (piashed upon the grounds following : (set out in />ara):;raf>/is the several grounds relied u/>on). And upon othei grounds appearir.g upon the face of said pro- ceedings and from the affidavits and papers filed. And for such further or other order as to the said Judge may seem meet. And take notice that upon and in support of such application will be read certified copies of the said information, depositions and conviction, and the affidavit of — — - verifying same and the affidavit of (name of deponent, provin;::; grounds not apparent from the copies, such as interest of magistrate, objections not noted hy him, e***.,) this day filed. Dated the day of lo -, Kscj. , the above- 189-. X.Y., Solicitor for defendant. named magistrate. Xotc. Service upon informant is not niTcssarv untess it is sought to make him liable for costs. Affidavit of sennce upon magistrate must identify him as the person who made the con- viction complained of. Not only the affidavits but the copies of information c'Vr., tvhether marked as exhibits or not, must be filed before .wn'ice of the notice. , . *t:Xi ^•.. — %^ NOTICES Ol' MOTION. »85 360. Notice of Motion for Writ of Certiorari. Anot/u'f Form. '|"o , Kscjiiire, Police Magistrate {or one of li-r Majesty's Justices of the Peace) in and for the ■ of ; Whereas you dia ui the day of i8 at the — for thci of in the County of convict he did on the day of i8- at the — of in the (bounty of unlawfully {insert c/iarf^i') ; And whereas the penalty imposed is illegal and the |)roceed- ings had were irregular, the conviction therefore as well as on other grounds being irregular and illegal ; Wherefore the aforesaid — being resolved to seek a remedy for the injury he has received and sustained by reason of the said conviction ; We {or I) do hereby on behalf of the aforesaid — — give you notice that a motion will be made l)efore the Judge of the 1 1 igh Court of Justice presiding in Chambers at Osgoode Hall, Toronto, in six days fron\ the time of your being served with this notice, or so soon thereafter as the motion can be heard, on behalf of the above-named , for a Writ of Certiorari to issue out of the High Court of Justice, to be directed to you the said , for the removal of the record and of such conviction into the said Court. Dated at this day of i8— . X.Y. No. — Street in the City of , 'l"o L. M., Ksq. solicitor for the said . The above-named Magistrate. 361. Notice to Informant of Motion for Certiorari. To of the of- in the County of Take notice that hereunto annexed is a true copy of a notice of motion for an order for a ^Wit of Certiorari to issue out of the High Court of Justice, directed to , Esquire, Police Magis- i --J m 286 NOTICES OF MOTION. trate {or one of Her Majesty's Justices of the Peace) in and for the of , for the removal into the said High Court of Justice of the record and conviction of one , upon the information of you, the said , for that he the said did on the day of i8 — at the of ^ — - — - in the County of unlawfully {set out charge) ; And further take notice that unless the prosecution of the said be forthwith abandoned so as to save the necessity for a fur- ther application to the Court, the costs of all proceedings will be asked against you ; And further take notice that you are required forthwith to deliver to the said or to his solicitors a written consent to the quashing of the said conviction. . Dated this day of lo , hsq. The above-named informant. i8~. X. & Y. Solicitors for said — 362. Notice of Motion to Quash Writ of Certiorari For Want of Prosecution. In the Hic.H Court ok Justice. The Queen against . Take notice that a motion will be made on behalf of , Esquire, the convicting Magistrate herein, before the presiding Judge in Chambers, at Osgoode Hall, Toronto, on day the day of 189- at tho hour of o'clock in the forenoon, or so soon thereafter as the motion can be heard, for an order for the return to the Clerk of the Peace ot the County of of the conviction and other papers returned by him into this Court in pursuance of the Writ of Certiorari issued herein, and for the quashing of the said Writ of Certiorari for want of prosecution and laches on the part of the defendant, and for an order that the said defendant do pay to the said convicting Magis- trate his costs of and incidental to the application for the said Writ ■'■'■^..^•b. NOTICES OF MOTION. 287 of Certiorari and of and incidental to this application, or for such other order as to the said presiding Judge may seem meet. And further take notice that on such application will be read the affidavit of {*■ SO In the Hu;h Court ok Ju.stice. Between A.B., Plaintiff, and CD., Defendant. Take notice that a motion will be made on behalf of the above-named plaintiff before the Judge presiding in Chambers at ( )sgoode Hall m the City of Toronto, on day the day of 189 — at o'clock in the noon, or so soon thereafter as the motion can be heard, for an order that the above-named defendant C. D. be committed to the Common ( laol of the County of — {county in which defendant resides) for a term of twelve months, or for such lesser term as the said judge may direct; or for an order for a writ of capias ad satisfaciendum to be issued against the said defendant ; upon the ground that he has refused to disclose his property, or his trans- actions respecting the same, and does not make satisfactory answers respecting the same, and that he has concealed or made away with his property in order to defent defraud the plaintiff and other creditors of said defendant, as appears by the examina- tion of the said defendant as a judgment debtor taken before , Esciuire, Special Examiner, at the of , under the Rules of Court in that behalf; and upon such motion •■si 3 288 NOTICES OF MOTION. will be read the depositions of the said defendant taken upon his examination as aforesaid. Dated at this day of 189—. To the above-named defendant, And to , Solicitor for plaintiff. His solicitor. 364. Notice of Motion to Commit For Contempt in Master's Office. {Formal Parts.) On behalf of the plaintiff for an order to commit the defendant CD. to gaol for his contempt in not bringing into the office of the Master of the Supreme Court of Judicature at the accounts and statements by the said Master directed to be brought into and filed in his office by the said defendant CD. on the day of — 189—. 365. Notice of Motion for Order to Consolidate Actions of Libel Under the Act respecting Actions of Libel and Slander, R.S.O. 18^7, Chap. 68, Sec. 14. And In the High Court of Justice. Between A.B., Plaintiff, and CD., Defendant. In the Hi(;h Court of Justice. Between A.B., Plaintift, and E.F., Defendant. Take notice that a motion will be made on behalf of the above-named iefendants CD. and E. F. before the presiding EI- "« NOTICES OF MOTION. 289 Judge in Chambers at Osgoode Hall in the City of Toronto, on ■ the day of 189— at the hour of o'clock in the forenoon, or so soon thereafter as the motion can be heard, for an order that the said actions be consolidated so that they shall be tried together, or for such further or other order as may be just. And take notice that in support of such application will be read the affidavits of filed and the exhibits therein referred to. Dated at the day of — — — 189—. X.Y. Solicitor for CD. and E.F. To L.M. Solicitor for A. H. 366. Notice of Motion for Order Authorizing Creditor to Proceed. R.S.O. i8gy, Chapter 14^, Sec. 9. In the High Court of Justice. In the matter of Chapter 147 of the Revised Statutes of Ontario, 1897, entitled An Act Respecting Assignments and Preferences by Insolvent persons. And in the Matter of A.B. of in the County of , m;^rchant, Insolvent. Take notice that a motion will be made on behalf of C.I), a creditor of the said A.B. before the presiding Judge in Chambers at Osgoode Hall in the City of Toronto on Monday the day of- 189— at the hour of o'clock in the forenoon, or so soon thereafter as the motion can be heard, for an order authorizing the said CD. to take such proceedings in the name of E.F., assignee of the said A.B. under an assignment made in pursuance of the said Act and dated the day of 189—, but at the expense and risk of the said CD. as the said CD. may be advised, upon such terms and conditions as to indemnity to the said assignee as the Judge may prescribe ; or for such further or other order as may be deemed right. i o 290 NOTICES OK MOTION. And take notice that upon and in support of the said motion will be read &c. Dated at the day of 189—. X.Y. Solicitor for the said C. I ). To E.K., Esq. The above-named assignee. 367. Notice of Motion for Writ of Habeas Corpus ir/ieti Writ not Granted Kx Parte. In ihp: Hum Court ok Justick. In thi. matter of the conviction of s.c. {Set out reasons.) And take notice that in support of such application will be read the affidavits of and , filed, and the exhibits thereto. Dated at this day of 189—. Solicitors for defendant. To The Attorney General for the Province of Ontario, And to The convicting Magistrate. NOTICES OF MOTION. 291 368 Notice of Motion for Dischargre Of Prisoner on Return of Habeas Corpus. In the High Coukt ok Justice. The Queen against . Take notice that by special leave of the Honourable Mr. Justice this day given, an application will be made for the discharge of one from the Common Gaol {or as the ease may be) of the County of ■, upon the return of the Writ ot Habeas Corpus this day issued in pursuance of the order of the Honourable Mr. Justice directing the Keeper of the Com- mon Gaol {or Warden of the Central Prison, or as the case may he) of the County of — to have before one of the Judges of the High Court of Justice the body of now in custody under a warrant of commitment issued in pursuance of a conviction made by , Esquire, Police M.igistrate {or one of Her Majesty's of day of ■ , upon a — i8q— Justices of the Peace) in and for the - charge that he the said on the — at the of in the County of unlawfully {set out charge); and in support of such application will be read the affi- davits of {name of defendant) and and the exhibits therein referred to, filed, and the return to the said Writ of Habeas Corpus and the return to the Writ of Certiorari issued in aid thereof Dated at — this day of 189—. To Solicitors for defendant. The Attorney (ieneral for the Province of Ontario. 5- :> 292 NOTICES OF MOTION. 369. Notice of Motion to talce Proceeding's off the Files For Scandal. {Formal Parts). On behalf of the defendant, that the affidavit of X.Y., filed in this cause on behalf of the plaintiff on the day of — 18 — , may be taken off the files of this Court as being scandalous and impertinent, and that the whole of the seventh paragraph of the affidavit of the plaintiff, filed on the day of 189—, may be expunged as l)eing scandalous and impertinent, and that the plaintiff on whose behalf the said affidavits were filed may be ordered to pay the costs of and occasioned by such affidavits and the costs of this application as between solicitor and client. 370. Notice of Motion— Further Directions. In the Hi(;h Court ok Justick. Between A. H., Plaintiff, and CD., Defendant. Take notice that the Court will be moved on behalf of the plaintiff at Osgoode Hall in the City of Toronto, on Tuesday the • day of 189— at the hour of o'clock in the forenoon, or as soon thereafter as counsel can be heard, for judg- ment m favour of the plaintiff against the defendant for the amount found due by the report of the Local Master of the Supreme Court of Judicature for Ontario at — dated the day of 189 — , and for such further orders and directions as to the Court may seem fit and proper, and for the costs of this action. And further take notice that upon and in support of such motion will be read the judgment in this action dated the day of 189—, the said report of the Master and the pleadings and other proceedings in the action. Dated at the day of 189—. To Messrs. ,G. & H. E. & F. Solicitors for the defendant. Solicitors for the plaintiff. ^ ■"""ll-.* NOTICES of' motion. 293 371. Notice of Motion to Decide Dispute As to Title lietwccn Husband and Wife. The Married Women's Property Aet R.S.O. f8f)j, Chap. i6j, Sec. ig. In the High Court of Jusiice {or In the County Court ok the County ok — . ) In ThE Matter ok The Married \\'omeii'o Property Act. Between A.B., Applicant, and C. D., Respondent. Take notice that a motion will be made on behalf of A.B., the wife of E.B. of the — of , before the Judge pre- siding in Chambers at Osgoode Hall in the City of Toronto (fir before the Judge of the County Court of the County of at his Chambers in the City of ) on the day of 189-- at the hour of o'clock in the forenoon, or so soon thereafter as the motion can be heard, for an order declaring that the said A. B. is entitled to {here recite tlie property) and to the possession thereof; or for such further or other order as may be deemed right. And take notice that in support of such motion will read the affidavit of A.B. filed. Dated at the day of 189—. To CD. A.B. by : E.F. her solicitor. 372. Notice of Motion for Custody of Infant Under the Act respecting Infants R.S.O. i8gy, Chap. i68y Sec. I. In the Surrogate Court ok the County ok In the Matter of A.B. of &c. an infant under the age of 21 years. Take notice that a motion will be made in behalf of C.B. of , the mother of the above-named infant, before the Judge of this Court at his Chambers at the City of in the :5 :d :> 294 County of NOTICES OF MOTION. on -day the day of 189— at the hour of eleven o'clock in the forenoon, or so soon thereafter as thj motion «'.an he heard, for an order that the said C B. do have the custody of the said infant, and that F. H. the father of the said infant do pay to the said C. B. the sum of $ — monthly for the maintenance of the said infant, or for such further or other order as to the Judge shall seem just. And take notice that in support of such motion will be read theaffidavit of C.B. filed. Dated at the — - day of 189—. G H. Solicitor for the said C. B. To F. P>. of &c. Xotc. — The application nuiy also Court. be .lutde to the High 373. Notice of Motion for Injunction. General. 't««ii* {Formal Parts.) On behalf of the defendant A.B., that awarded by the order made herein dated the i8 — may be dissolved. the injunction — day of NOTICES OF MOTION. m 381. Notice of Motion Interim Alimony. {Formal Parts.) On behalf of the plaintiff, for an order retjuirinj^ the defendant to pay to the plaintiff the sum of $ per week for interim alimony from the date of the service of the writ of summons until the trial of this action, and also her interim disbursements up to and inclusive of her disbursements for the said order. And take notice iVc. Note. —Art application for i titer im alimony shall not he made until the time for delivering the defence has expired. Rule ,?,"/. 382. Notice of Motion to Set Aside Proceeding's For Irregularity. {Formal Parts.) On behalf of the plaintiff for an order setting aside the writ of fieri facias issued out of this Honourable Court on the part of the defendant CD. against the goods and chattels of the plaintiff on the day of 189 - and directed to the Sheriff of the County of ■ -, and all proceedings had thereon, on the ground that the same is irregular because {state the grounds of irregular- ity intended to be relied on. ) 383. Notice of Motion for Final Judgement For Claim Endorsed on Writ of Summons. {Rule 6oj.) In the Hkih Court oi' Justice. Between A.B., Plaintiff, and CD., Defendant. Take notice that a motion will be made on behalf of the above- named plaintiff before the Master in Chambers {or as the case may •4 •J :ife 2^ NOTIl'KS OK MOTION. ^/•)at Os^oode Hall in thc( Jty of'l'oronto on - (lay of i8y at o'clock in the day the* — noon, or so soon tlurcaltcr as the motion can he heard, lor an order that the above- named |ilaiMliH l)e awarded judgment in this action for the amount endorsed on tlie writ of smnmons herein with interest (// atiy) and costs, or lor such further or other order as may appear proper. ;\tul take notice tiiat upon and in support of the saiil appliia- tion will lie read the allidavit of the said plaintiff filed herein, a co|)y of s\hich is served herewith, and the exhibit therein referred to. Dated at this day of- — 1H9 . X.V. Solicitor for the i)laintilT. To CD. [he above-named defendant, And to .Messrs. K. iV V. His solicitors. '4* 384. Notice of Motion for Mandamus To Jmigi' of Division i^mrt. In thk Hic.h Court ok Justick. In rnE Matikr of a certain action pending in the- Division Court in the County of wherein A.H. is Plaintifl, and CD. and K. F. are Defendants. Take notice that a motion will be made on behalf of the above named plaintiff before the presiding Judge in Chambers at Osgoode Hail in the City of Toronto on day the day of 189 at the hour of o'clock in the noon, or so soon thereafter as the motion can be heard, for an order of mandamus requiring the junior Judge of the County of or sueh other Judge as shall preside at the next sittings of the above Division Court to try and adjudicate upon the above styled actio-i and all ,''■»..«.,..,#' *' '.-*-»MWw,Ji ;J' w..k;-» *- «-»«,■"■ "-■■B^a^-V*' *"..::ik:S i '•;• '— 2:» »;:—--«• "••.>"■;!»..•* Noru'Ms iM' M()rii>N'. tp^ the issues iit)d iiinttcrs in i|iiestioti llicrcin ; or lor such fnrthir or other ()r of — l8 . C. \ II. To the jud^e of the said Coun, and to the aliove- named defendants, and to .\.\'. their solicitors. Solicitors for plaintiff. 385. Notice of Motion to Appoint Next Friend /// l.irii of Oih' /nni/ttin'fd/i'ti or Utiiiovtu/. :*^-J ^ (Formal /'ar/s.) On hehalf of the infant plaintiff l>y .\.ii. of (ri:\/(/i-f/(-r ufiii additioti), his next friend for the i)urpose of this application, that he may l-e at liberty {if hrfori' jtnii^niinl) to amend his statement of claim by inserting; the name of the said .\. H. as his next friend in lieu of (M). who is inca[)acitati'd from acting (^v who i)y an order dated the day of 18- has been removed) : {or, if lifter jiidi^mntt) to name the said A.M. as his next friend in all future proceedings in this action in lieu of C. D. who is incapacitated iVc. {as alnwe). 386. Notice of Motion for Prohibition To Division ( our/. Division Tn TfiK HicH CouKi 01 Ji'srirr.. In thk Matikk of a certain action in the Court in the County of . Between A. r... riaintiff, and C.I)., Defendant. Take notice that a motion will be made i)efore the presiding Judge in Chambers at Osgoode Mall in the City of Toronto on -:) 4 300 NOTICES OF MOTION. Ur\ day the o'clock in the - day of i8g— at the hour of — noon, or so soon thereafter as the motion can be heard, on behalf of the above-named CI), the defendant in the said action, for an order that the said A.B. be prohibited from taking any further proceedings in the said action until further order of the High Court or a Judge thereof; or for such further or other order as may be deemed right. And take notice that upon and in support of the said motion will be read the aftidavit of the said CD. filed herein and the ex- hibits therein referred to. Dated •>»« *?-i* S3 -J o .J I!i !iif 3o« I I i 11" I m f ,1 ■ .uMiii: ,"isi» «G::aiij OHJIXTIONS AND DEFENlES. filed, and the exhibits therein 189—. the affidavits of and referred to. 1 )ated at the day of Solicitor for the vendor. To CD. The purchaser. 399. Objections and Defences 77; Notice of Appeal under Municipal Drainage Act, R.S.O. 18(^7, Chap. 226. In thk matter of The Municipal Drainage Act, and in the matter of the Report Plans, Profiles, Specifications, Estimates and Assess- ments of , Engineer for the Township of , in Drain respect of the repair and improvement of the — dated the day of 18 —. Between The Corporation of the Township of , Appellants, and The Corporation of the Township of , Respondents. Objections and defences to the appeal of the said appellants, delivered in pursuance of an order made by Thomas Hodgins, Esq., Q.C., Referee under the drainage laws, dated the day of —18—. {Here set forth in numbered paragraphs the matters intended to be relied on in support of the report, and in ansioer to the grounds alleged in the notice of appeal.) Delivered the day of 18 — by ■ of the of • — in the County of , solicitor for the said respondent. OBJECTIONS TO TAXATION. 309 400. Objections to Taxation. In THE Hic.H Court of Justice. Hetween A.M., Tlaintiff, and C.I)., Defendant. Objections taken by the plaintiff (<^y defendant) to the taxation by , Esq., Deputy Clerk of the Crown of the High Court of justice in and for the County of ■ at (or as the case may be) of the bill of costs of the defendant {or plaintiff) under the judgment ^';- order herein dated the day of ■ • 189 — . The plaintiff objects to the allowance {or disa"llowance) of the items in the said bill hereinafter set forth for the following reasons : No. of objection. Pag^e of bill. No. of item. Reasons for allowance (or disallowance). 1 2 3 4 5 1 2 4 8 9 3 10 62 no Dated at the day of ■ 189—. ToG.H.,Esq. Solicitor for defendant. } E.F. Solicitor for plaintiff. So 2 .J .11' It ill: f I' ! /.Willi, 401. ORDERS. Order Made in Chambers -General Form. In the High Court of Justice. Xauieof the Judge or offiicr thus: ■ Tuesday the day of The Honourable theChief Justice of the Common I'leas, ()/■ The Honourable Mr. Justice A.I). i8 \ In Chambers, or The Master in Chambers, {us the ease may />e). Between A. li., IMaintifi", and C.I)., Defendant. Upon the application of •■ and upon reading the affidavit of • filed, and upon hearing the solicitor {or counsel) for {where any recital is necessary^ and it appear- ing that (.Vc. ) I. It is ordered that . 2. And it is further ordered that the costs of this application oe 402. Order Made in Court -General Form. I\ THE Hic.H Court ok Justice. The Honourable \ the Chief Justice of the Queen's Bench, {or as the ease may he. ) —day the nay of A.I). i8- Between A.B. &c.. Plaintiffs, and CD. &c., l^efendants. Upon motion made this day unto this Court on behalf of the and upon hearing read and upon hearing counsel "•••.JlISli**.)., ,j "^5:, — .»•■■ OKOERS. II I -, {where iieees.uiry add no one appearing (or Tor — though duly served with notice as by affidavit of 1. This Court dotli order- . 2. And tliis Court doth further order . appears : ) [SiiriuttiitT of officer.) No/c.~ III all orders except decretal orders and vesting orders the shortened style of cause shall be sufficient, e.g.: Bettveeii John Jones, Plaintiff', and Aaron Smith and others, Defendants. 403. Order of Divisional Court. day A.I). uS-. In thk Hic.H Court ok Jisitck. The Honourable the Chancellor. l — the The Honourable Mr. justice- . .- of 'J'he Honourable Mr. Justice . ) Between A.H. ike, l^laintiffs, and » C.I). &c., Defendants. Upon motion made unto this Court this day {or on the day of i8 ) on behalf of the defendant by way of appeal from the judgment of the Hon. Mr. Justice made on the day of • 18 — {or the direction of the Hon. Mr. Justice made vVc. to enter judgment) herein, in presence of counsel for all parties {or as way l>e) ; and u[)on hearing read the pleadings, the evidence adduced at the trial, and the judgment {or direction) aforesaid, and upon hearing what was alleged by counsel aforesaid, {wliere so add and judgment upon the motion having been reserved until this day :) I. This Court doth order that the said judgment {or direction to enter judgment) be varied, and that the judgment of the Court as varied be as follows : — (i) This Court doth order and adjudge that the plaintiffs do recover from the defendants the sum of $ ~ and their costs of this action, including the costs of this appeal, payalMe forthwith after taxation thereof. (2) And this Court doth further order and adjudge &c. r-c fe 5 ^ ••J -I ,12 OKDI'US. 404 ■V. it it Order for Administration ir/icfi' Aciouiiis Taken before I he Jm/^e (Fortnal Paris. ) Upon the application of counsel for tlic ahovc- named plaintiff, in presence of counsel for the defendant, for an order for the aihninistration of the |)ersonal estate antl effects of the said , ileceased, ui)on hearing read the aflidav itsof the i)laintiffand the defendant filed, and upon hearinj^what was alleged by counsel aforesaid, and an account having l)een taken hy this Court of the l)ers()nal estate of the said intestate come to the hands ol the said defendant, the administratrix of tiie said estate, wherewith she is chargeable : 1. 'i'his Court doth find that she has received and is charge- able with the smii of $ — ■, and that she has [)aid or is entitletl to be allowed thereout for debts and funeral ex[)enses of the said intestate paid by her, and also the sum allowed to her as a compen- sation for her services, the sum of , leaving a balance in her hands, after deducting the costs of both parties hereinafter mentioned, of $- 2. And it appearing afterwards on eiujuiry that there are no debts of the said intestate remaining unpaid, and that there is no [)ersonal estate of the said intestate outstanding or undisposed of, and it further appearing that the plaintiff and the defendant are respectively entitled to one-half of the residuary personal estate of the said intestate in the hands of the said defendant after payment of the costs of this matter; and the costs of the plaintiff having been taxed and allowed to him at $- , and the costs of the administratrix having been taxed and allowed to her at $ — , it is ordered that the defendant do forthwith pay to the plaintiff his said costs together with the sum of $ , his share of the said residuary personal estate remaining in her hands as aforesaid. \ 'ZllCk ■Cv ' u!;:r::aiiii:; \ a,. !.•♦,•».•*■'*''■■■ "''*i-.;CT:«-.».. , J :rikr:::::: . :^\- OKDKKS. 3»^^ 406 Order Appointing- an Administrator ad litem. In nil. 1 1 K.ii CouK r oi Ji si k i;. (Xiiwr ,>////,/xr.) \/),i/,:\ In Clumbers. ik'twccn A.l!., I'laintiH', and C.I)., Dcfcntlaiit. Upon the application of (tlu! |ilaii)lilT), and upon reading the affidavits of filed, and upon hearing eounsel for ■- : I. It is ordered that of in the County of , {oitti Ration), le and he is hereby appointed to re[)resent the estate of the late - — , deceased, for the purpose of this action, and that the aihninistration of the real aiul personal estate and effects, rights and credits of the said , in his lifetime of the of in the County of — , {occuf>titioti)^ deceased, who died at — in the County of aforesaid on or about the day of 18- , and who at tiie time of his death had a fixed place of abode at , be and the same is hereby granted to the said , limited for the pur- pose only of attending, sup[)lying, substantiating and confirming the proceedings already had or which may hereafter be had in this action ; and to obey and carry into execution all orders and directions of this Court relating to this action until judgment shall be entered herein and the same carried into execution, and the execution thereof fully completed, but no further or otherwise or in any other manner whatsoevc •. Add if necessary : 2. And it is further ordered that the giving of security by the said administrator for the due fulfilment of his duties as such administrator be and the same is hereby dispensed with. <3 Or •J •3 3 '4 OKUERS, ijiK' 406. Order for Interim Alimony. I I II: i'',' /i t "..rf. ;| ..*»■* I ■•::.*'■*' In the Hk;h Court ok Justice. The Master in Chambers. \ the day of ^ ,/ A.l). 189—. Between A.H., I'laintiff, and CD., Defendant. Upon tlie application of the plaintiff, and upon hearing read the affidavit of filed, and upon hearing the solicitors for the plaintiff and the defendant, and the j)laintiff undertaking to set this action down and bring the same on for trial at the next sittings of this Court for that purpose at the place where the venue is laid : 1. It is ordered that the defendant do forthwith pay to the plaintiff the sum of $ as and for arrears of interim alimony since the date of service of the writ of summons upon the said defendant up to . 2. And it is further order^^ " ;,iat the said defendant do on the day of 18 — and on of each succeeding until the hearing or other determination ot the action, pay to the plaintiff or to whom she may appoint at the sum of $ as and for interim alimony, up to the trial of the action and the judgment or other adjudication thereon. 3. I'lUt in the event of any of the said days appointed for pay- ment falling upon a Sunday or other legal holiday, then the said l)ayments are to become due and |)ayal)leon the next juridical day. 4. And it is further ordered that the defendant do forthwith pay to the plaintiff the sum of $ as and for her interim dis- bursements to date. ORDERS. 315 407. Order for Sale of Lands To Realise Arrears of Alimony, In the Hic.h Court ok Justice The Honoural)le Mr. ) Justice Between -day the- dayof- iH— . anc Plaintiff, Defendant. Upon the humble petition of the above-named plaintiff presented unto this Court this day by Mr. of counsel for the plaintiff, in the presence of counsel for the defendant, upon hearing read the said petition and the affidavits of ■ filed, the pleadings and tiie order for interim alimony made on the day of 189 - by the Local Judge of the High Court of Justice at , and upon hearing what was alleged by counsel aforesaid : 1. This Court doth declare that the plaintiff is entitled to have the lands and premises mentioned in the said i)etition, or a com- petent part thereof, sold for the satisfaction of the amount due to her from the said defendant for interim alimony and interest thereon, and the costs of and incidental to this ap[)lication, and doth order the same accordingly. 2. And this Court doth further order that it be referred to the Master-in-Ordinary to encpiire and state whether any and what persons have any lien, charge or encumi)rance on the said lands, and he is to cause such persons (if any) to be served with process under the Rules of Court in that behalf. The said Master is to take an account of what is due to the said encum- brancers for principal money and interest, and ta.x to them their costs of proving their claims, and settle their priorities, and appoint a time and place for payment. 3. And upon the said defendant paying to the plaintiff and the said encumbrancers what shall be so found due for principal, interest and costs, at such time and place as the said Master shall appoint, this Court doth order that the said plaintiff and such :5 5:3 -si •A .4 ;i6 ORDERS. I* i i€ is»S!"S' other encumbrancers do assign and convey the said lands free and clear of all encumbrances created by them, and deliver up all deeds and writings in their custody or power relating thereto upon oath to the defendant or defendants making such payment, or to whom he or they may appoint, or enter up satisfaction upon the roll of their respective judgments, as the case may l)e. 4. But in default of payment being made as aforesaid, this Court doth further order that the said lands and premises, or a competent part thereof, be sold with the approbation of the said Master (free from the dower of the plaintiff, if any, in said lands, if slie shall consent, but subject thereto if she shall not consent), by public auction, private contract or tender, as to the said Master shall seem best, and the purchasers are to pay their purchase money into Court to the credit of this cause, and the said Master is to settle the conveyance to the purchaser in case the parties differ about the same, and all proper parties are to join therein as the said Master shall direct. 5. And this Court doth further order that if the said lands shall be sold freed from the said dower of the plaintiff herein, and the said Master shall find that she was entitled to dower in the said lands so sold, one-third of the said purchase money be set apart and invested as a security for the })laintiff's dower in the said lands. 6. And this Court doth further order that the purchase money, or remaining two-thirds of said purchase money in case the said one-third be .set apart as aforesaid, be applied in payment of the amount due the plaintiff for interim alimony and costs of this application and costs of said reference and sale as between solicitor and client, and of the costs of the said encumbrancers, if any, according to their priorities, to be computed and taxed by the said Master, and the residue thereof, if any, is to remain in Court until this Court .shall hereafter see fit to make other order. 408. Order Suspending^ Payment of Alimony. [Court and Style of Cause.) Upon the humble petition of the above named defendant presented unto this Court this day {or on the day of ORDERS. 317 A. D. 18—, when the same was ordered to stand over until this present day), in presence of counsel for the said defendant, no one appearing for the said plaintiff though duly notified, upon opening of the matter, and upon her.ring read the said petition and the affidavit of service thereof, and upon hearing the judgment made herein on the day of A. D. 18 — , and what was alleged by counsel aforesaid, and it appearing that the plaintiff has been guilty of a breach of the said judgment in that she has abducted two of the children of the said plaintiff and defendant out of the jurisdiction of this Court : I. This Court doth order that the defendant be and he is hereby relieved and discharged from the payment of alimony ordered to be paid by the said defendant to the said plaintiff by the said judgment herein, until this Court shall make further order to the contrary. 409. Order to Amend, [Rules J04, 312, &c.) In The High Court of Justice. The Master in Chambers {Date.) {or (IS may be. ) Between A. 15., Plaintiff, and CD., Defendant. Upon the application of ■ , and upon reading the affidavit of filed, and upon hearing the solicitor {or counsel) for : 1. It is ordered that the plaintiff l)e at liberty to amend the writ of summons in this action by , and that the costs of this application be ■ — . 93 is 3'« 410. '■u ORDERS. Order for Arrest. (Rule luji.) In the High Court ov Justice. {Name of Jud^c.) {Date.) In Chambers. * Between A.B., Plaintift, and C.I)., Defendant. Ui)on the ap[)lication of , and upon reading the affi- davit of filed, and upon hearing the solicitor {or counsel) for : 1. It is ordered that the sheriff of the County, United Counties or City where C.I), the defendant {or one of the defendants) may be found, do forthwith arrest and take, or if already in custody, do detain the said C.I), and him safely keep until he shall have given security in this action for the sum of $ {the aviounl which may l>e ordered^ or in alimony cases the proper amount under Rule 1022) or shall by other lawful means be discharged from custody. 2. And it is further ordered that a copy of this order be served by the said sheriff on the said CD. 3. And it is further ordered that the said CD. do, within ten days after his arrest under this order, cause security to l)e put in for him in this Court and in this action, either by the deposit in Court of the said sum of $ , or by bond or other security, pursuant to the Rules of Court in that behalf, conditioned that the defendant will pay the amount by any judgment in the action adjudged to be recovered or directed to be paid either as a debt or for damages or costs, or will render himself to the custody of the sheriff of (;/(?;///>/,(,'■ the County., or United Counties or City having a sheriff in 7i^~«.-, ORDEKS. 323 417. Order for Certiopari /// Aid of Habeas Corpus Already Isstwd. of in the {Formal Parts.) Upon the application of A. H. of the — County of , a prisoner now confined in close custody in the common gaol of the County of at the Town of , and upon reading the affidavits of the said A.B. and of with the papers to the said affidavits attached, all this day filed, and a writ of habeas corpus having been issued to bring the body of the said A.B. before the Judge of this Court presiding in Chambers at Osgoode Hall, Toronto : I. It is ordered that a writ of certiorari in aid of the said writ of habeas corpus do issue, &c. {as in Form 416.) 418. Order for Commission To Examine Witnesses. ( Rule 4gg. ) In the High Court of Justice. The Master in Chambers [Date.] {or as may V. ) Between A. B., Plaintiff, and • CD., Defendant. 1. Upon the application of , and upon reading the affidavit of filed, and upon hearing the solicitor (iva voce of witnesses on behalf ot the said and respectively at aforesaid before the said commissioners. I A 5 324 OKOICKS. And it is further ordered that the — do within l" ■•l.*#»l 'icy*' ■■■•••■I** '■••• .,.„•»"*•.,, '»«..H,..-MtWl„ '«»irr.« •■"••». '►«.«««••■•*•'•. , ■■•— m3c«« ■>'■. days after service upon of the interr<),:,Mtories in ( hief deliver to the • liis cross-interrogatories, and in default of his doing so the is to he at liberty to send the said conimission without cross-interrogatories. 4. And it is further orilered that days previously to the sending out of the said commission, the solicitor of the said shall give to the solicitor of the said - notice in writing of the mail or other conveyance by which the commission is to be sent out. 5. And it is further ordered that within days after ser\ ice of this order upon or his solicitor the do tleliver to the ^ the name and place of business of his agent in — aforesaid whom he has appointed to a[)pear for him upon such examination, and upon whom notice of the said examination may be served. 6. And it is further ordered that upon the execution of the said commission and the examination of the said witness - and l)eforethe —day of ie done by the /tid;^nirnt or order) within the time limited by the judgment {or order) of the Honourable Mr. Justice dated the day of 189 — : 1. This Court being of opinion that the said defendant C.I), has by such conduct been guilty of a contempt of this Court doth order that the sheriff of any County or union of Counties in which the said defendant C.I), may be found do take him into his custody and commit him to the common gaol of the said County or Union of Counties for his said contempt, there to be detained and imprisoned until he shall have purged his said contempt, and that for this purpose a writ of attachment do issue accordingly. 2. And this Court doth further order that the costs of this application be . Note. — A judgment reijiiirin^.^ a person to do an ctct other tluin the payment of money, or to abstain from doing anything, may be enforced by 7i.'rit of attachment, or by committal : Rule H^j. A i •si p() OKIIKKS. 4\\ iii Miifioti /or attacliiHt'iit or (ommittiil when mailf for nofridin/i/iatice with or disohcdictice of a judgment or order of the Court should bf made in Court : when made for non-tomplianci ivith rules of practice or orders of course or orders in ( 'hanibers the motion mav be made to a Judi^e in Chambers, 420. Order Conflrming- Report. In imk Hk.ii Coukt oi' Jusiick. I'he Hon. Mr. Justice In Chambers. \ -day the 189- dav of Uetwccn A. H., I'laintiff, and C.I)., Defendant. Upon the application of , upon reading the rcjjort of the Master of the Supreme Court of Judicature at — — —dated the day of 189 -, the notice of this motion and affidavit of service thereof, and upon hearing the sohcitors for the |)laintiff and the defendant : I. It is ordered that the said report he and the same is hereby confirmed forthwith after the filing thereof. ■••••iKaiKJ"." . •-.-»3k:- 421. Order Consolidating' Actions. ..«iWII;i' f '!£,►«*"••■... »iC'^''*'" l._* ^^*|— •;:.:'":5ii.|, "♦'•t «;:••■■>-.„ 189- In the Hic.H Court ok Justick. The Master in ^ ,, , , , .-,, , Monday the day of Chaml)ers. ) ■' ' Between .\.l?.. Plaintiff, and C.I)., Defendant. And Between CD., Tlaintiff, and A.B., Defendant. Upon the application of the plaintiff in the r-^tion firstly above mentioned, upon reading the affidavit of- filed, and the affi- OUI>KUS. .1^7 davit of I'llcd in answer thereto, and upon hearing the solicitors for both parties ; 1. It is ordered that all proceeding's in the action secondly above mentioned be stayed, and that the said action be and the same is hereby consolidated with the action firstly above mention- ed, so however thai it shall not be necessary to amend the pleadings in either of the saivi actions, but the pleadings in the said actions shall be t iilcred ii|)on one record and the said actions shall • tried and disjiosed of as if tiie defendant in the said firstly Mtioned action had set up i)y way of counterclaim therein the .a set forth in the statement of claim in the said secondly mentioned action. 2. And it is further ordered that the costs of the said secondly mentioned action up tothedateof and including this order be costs in the consolidated action. 3. And it is furdier ordered that the plaintiff in the said firstly mentioned action do have the conduct of the consoliilated action. 4. And it is further ordered that the said consolidated action be tried at the next sittings for the trial of actions to be held at the Town of . {Si}:; till lure of officer. ) 422. Order on Contestation of Claims U ndcr r he C relators' Relief Act K.S.O. iS(^7, Chap. 78, Sec.j2. Thk Crkdiiors' Rki.iki- Act. In thk Coi'Niv Court 01 riir, Couniv ok -day the day of • His Honour Judge - In Chambers. | 189 Between A. 15., Claimant, and C.I)., Debtor. Upon the application of the above named A. B., upon reading the affidavit of filed and the notice of contestation served upon C.I), and upon F.G. and M.N. claimants of moneys levied by the sheriff of the County of out of the estate of C. I)., and what was alleged by the solicitors for all parties {or as the case may be) .• . '"I 2:: *• ^3 i -4 :,2H OROEKS. mi ,iii I /•'"•I* I, a** ;' llC: ,if»t -sen [■' i I !».-.» ".',1, 1 — *■■.■! ■:;:::::•-' ^'I I. It is ordered and adjudi^ed that the said ¥.Ci. and M.N. have no right to rank upon the said moneys for any amount what- ever ((■'/■ (/s the case may be). 423. Order to Continue Proceeding's Issued on Praecipe. [Rule jg6.) In The Hkih Court of Jtstice. day the day of A.I). 189- ni between A.H., I'laintilT. and C. 1)., Defendant. Upon the application of -, alleging that since the this action and about the ^ day of- A.I) 18— the above named — departed this life, having {lecitr faets s/io7c/•) was found lunatic by in([uisition {or .SI plaintiff be at liberty to sign judgment for that sum, and the defendant be at liberty to defend this action as to the residue of the plaintiffs claim. 3. And it is further ordered that in either event the statement of defence be delivered within days after delivery of the plaintifi's statement of claim. 4. And it is further ordered that the costs of this application be . 427. Order for Leave to Defend On Payment into Court. {Ride 606.) day of- -189—. Ix THE High Court of Justice. The Master in Chambers \ , , / / \ ( day the — [Of as may he). > •' Between A. B., Plaintiff, and CD., Defendant. Upon the application of , and upon reading the affidavit of filed, and upon hearing the solicitor (or counsel) for : 1. It is ordered that if the defendant do pay into Court to the credit of this action subject to further order within a week from the date of this order the sum of $ , he be at liberty to defend this action by delivering a statement of defence within ■ days after delivery of the plaintiff's statement of claim, but that if that sum be not so paid the plaintiff be at liberty to sign final judgment for the amonnt indorsed on the writ of summons with interest, if any, and costs. 2. And it is further ordered that in either event the costs of this application be - — — . C">. ^, ■•■c «■.■•» 'Ik, 4 s % 5 fH » 33^ 428. ORDERS. Order for Delivery Out of Court Of Mortgage for Suit f/iercon. In the High Court oi- Ji'sitce. Tho Master in \ I -day th e day of 189—. (lluiml)ers. iJetween A.H., I'lainliff, and C.I)., Defendant. Upon the application of , and upon hearing the solicitor for the applicant, and upon reading ihe affidavit of 1. It is ordered that the .\('coiintant of tiie Supreme Court of Judicature fnr Ontario do deliver up to the mortgage made herein by — to tlic said Accountant dated the day of 189— for the purpose of bringing action to recover tht amount overdue and unpaid upon the said mortgage, and that the said be at liberty to use the name of the said Accountant as plaintiff in the action to be brought to recover the amount due on the said mortgage, upon the said — giving to the said Accountant [)roper indemnity therefor to be settled in Chambers. 'f , ^ .IK I jiC ! „«il«l|;3' \ ■ ■'••.2:ae<-.-. .^ 429. Order to Discharg-e or Vary Order. In the High Court of Justice. The Master in Chambers | day the day of {or as way /h\) J 189—. Between A. Pj., Plaintiff, and C.I)., Defendant. Upon the application of -, and upon reading the affidavit of filed, and upon hearing the solicitor (or counsel) for I. It is ordered that the order of - day of 18-^ be discharged {or varied by be in this action dated the •) 2. And it is further ordered that the costs of this application ORDERS. 333 430. Order Dismissing* Motion. {Nameofjiid^cor Offiiei) \ In Chambers. ) In the High Court ok Jisuck. day the dayof- ■189 Between A.B., I'laintiff, and C.I)., Defendant. Upon the application of for an order \^statf shortly the object, e.g. to dismiss this action for want of prosecution |, and upon reading the affidavit of filed, and upon hearing the solicitor {or counsel) for - - — ; I. It is ordered that the said application bo aiul tiie same is hereby dismissed, {if the dismissal is ivith costs, add ) with costs to be paid by the ■ to the forthwith after taxation thereof. St- 43!. Order Dismissing" For Want of Pioscciitioii. [Rule ^j^' ct .vcy.) I\ I Hi; Hic.H Court ok Ji'stick. The Master in Chambers ) day the day of {or as may />e. ) J 189—. Between A.B., Plaintiff, and C.I)., Defendant. Upon the application of the defendant, upon reading the affidavit of filed, and ui)on hearing the solicitor {or counsel) for : I It is ordered that this action be and the same is hereby dismissed for want of prosecution with costs, including the costs of this application, to be paid to the defendant by the plaintiff, forthwith after ta.xation. . , i si 4 -> «» i 334 ORDERS. 432. 4 4 ic::' i JiC j „-;«;^, lie.'""*" ■ ''*»*•*•■•••■•*. i/*»»*«-**' ■■"■•■♦ '■^••*»,«*''*'' ■», Order for Distribution of Moneys in Court In Pursuance of Master's Report. In the Hich Court of Justice. The Honourable \ Mr. Justice In Chambers. -day the day of ■ 189- Between A. 13., Plaintiff, and CD., Defendant. Upon the application of , upon hearing the solicitors for the plaintiff and the defer.dant, and upon reading the judgment, the reports herein dated respectively the day of 189 and the day of 189 — , and the certificate of the Accountant of the Supreme Court of Judicature for Ontario: I. It is ordered that the moneys in Court to the credit of this action be forthwith paid out and distributed as found by the said Master's final report. 433. Order to Sell Land Free from Dower Under The Dower Act, R.S.O. i8g/, chap. 164, sec. 12. dayof- -T89— . In the Hkih Court of Justice The Honourable Mr. \ Justice . I ^ In the M.vtter of Tne Dower Act. Between A.B., Applicant, and E.B., Respondent. Upon the application of A.B., upon reading the affidavits of filed and hearing what was alleged by the solicitors for both parties : • ■ I. It is ordered that the said A. B. be at liberty to sell {or ORDERS. .1J0 mortgage) the lands mentioned in the said affidavits, to wit ; {here describe tne lands), and it is further ordered that the con- currence of E. B. wife of the said A.H. in the conveyance thereof for the purpose of barring her dower in the said lands is hereby dispensed with, and a conveyance of the said lands executed by the said A.B. and expressed to be free from the dower of his said wife E.B. shall be sufficient to all intents and purposes to bar her right to dower therein as if she had duly executed a deed jointly with her husband for that purpose. 2. And it is further ordered that the value of the dower of the said E.B. in the said lands be and the same is hereby fixed at the sum of $ -, and it is hereby ordered that the said amount remain a charge upon the said lands {or be otherwise secured for her benefit as the case may be). 434. Order op Fiat in Quo Warranto Proceeding's Authorising Service of Notice of Motion. day of In the High Court ok Justice. The Master in Chambers / day the {or as the case may be.) ^ 189 — . The Queen upon the relation of A.B. , Plaintiff, against C. 1). , Defendant. Upon the application of the above named A.B., upon reading the within notice of motion and the affidavits and recognizance therein referred to : Let the notice of motion aforesaid be served on the defendant. Master in Chambers {or as the case may be. ) S5 i 4 ! n I sit::' l;^* ..' '•*..i»i..{ir!n a; •••^.^ ,..••■.,. I. •••"•"-rf"-*.,, 435. ORniiRS, Order for Trial of Issue (^// Motiiiii to Set Asiiii' (I Municipal Election. - day of In the High Court ok Justki:. The Master in Chambers "j day the — (('/■ as tlic case may />e.) j .189 — . The (^.iieen upon the relation of A. B., IMaintiff, against C. 1)., Defendant. L'pon the application of Her Majesty the Queen upon the rela- tion of A.B. to set aside the election of C.l). chosen u|)()n the day of 189 to be for the Township of {(>/■ as tlie case may l>c) in the County of ; and for an order declaring that he said A.P>. was duly elected and ought to have been returned, it hath become material to ascertain whether {lie re stale concisely the issues to he tried); and that the truth of such matters as aforesaid should be found by a jury ; It is therefore ordered, pursuant to subsection 2 of section 232 of The Municipal Act, in such case made and provided, that an issue be tried between the said relator and the said C.I), be- fore the Judge of the County Court of the County of and a jury of the said County, and that the (juestion {or ques- tions) to be tried shall be whether {here state the issues). Master in Chambers {or as the case may be. ) 436. Order Avoiding" Municipal Election And Disqualifying Opponent. In the Hi(;h Court or Jusrici:. The Master in Chambers") day the day of {or as the case may he). ' 189 — . The Queen upon the relation of A.B., Plaintiff, against C.l)., Defendant. L'pon the application of Her Majesty the Queen upon the ORDEUS. 337 relation of the above named relator A.I), complaining that ('.!). of the Townshij) of in the County of — , Escjuire, though not duly elected, hath unjustly usurped and still doth usurp the office of of the 'I'ownship of in the County of , under pretence of an election holden on the day of ■ last at the said Townshii) of , and the said C.i). having been duly summoned to answer the matters aforesaid charged against him in the statement and relation herein, upon reading the said statement and relation and the evidence taken before with the exhibits in said evidence referred to, and u[)on hearing counsel for the said defendant and for the said relator, and judg- ment having been reserved until this day : 1. It is adjudged and determined that the said relator A. 15. had at the time of his making his aforesaid complaint an interest in the election to the said office of as an elector of the said Township of . 2. And it is further adjudged and determined that the said C.I), hath usurped and doth still usurp the said office under pretence of an election thereto holden on the day of last at the said Township of , and that the election aforesaid of the said CD. to the said office was and is void, and that the said C.I), before and during and after the election aforesaid was by himself and by other persons his agents, and by other persons on his behalf, and with his actual knowledge and consent, guilty ot bribery as defined by The Municipal Act, in respect of voters who voted at the said election, and that by reason of the premises the said CD. hath forfeited his seat as of the said Township of ■ in virtue of the election aforesaid (and has become and he is hereby declared and adjudged to be henceforth ineligible as a candidate at any nmnicipal election for the term of two years from this date.) 3. And it is further adjudged and ordered that the said CD. be removed from the office aforesaid and do not in any manner concern himself in or abou'. the said office, but that he be absolutely forejudged and excluded from further using or exercising the same under pretence of the said election. 4. And it is further ordered and adjudged that the said relator do recover against the said CD. his costs and charges by him in and about the said relation and prosecution thereof expended, to be taxed. V £4 I si 338 ORDERS. 437. fs: fc::: i fit;::: 1 ' !' Order for Witnesses to Attend On Trial of Election Petition. {Court and Style of Matter as in Form No. jj^.) To X.Y. {describe the person) : Vou are hereby retiuired to attend before the above Court at {place) on the day of 189— at the hour of (or forthwith as the case may lie), to be examined as a witness in the matter of the said petition, and to attend the said Court until your examination shall have been completed. As wilness]my hand the day of 189—. G.H., Judge of the said Court. 438. Order for Examination for Discovery. ( Rule 444. ) {Caiirt and Style of Cause.) Upon the application of the , and upon reading the affidavit of , and upon hearing the solicitors for the plaintiff and the defendant : 1. It is ordered that the above named i)laintiff(('/- defendant) do attend before at such time and place as he shall by writing appoint and submit to be examined i'i'ea voce upon oath touching his knowledge of the matters in question in this action pursuant to the Rules in that behalf made and provided. 2, And it is further ordered that the costs of this application be . lE::"'. '■■■ 1..^ A-.. .„.;'■ • ■•I. »..»•* '•i I ""■•.«.'--.,.^'' i-5:5:aec;::::r ■»-.SC"- i "n!* ' ORDERS. 339 439. Order that Plaintiff Attend for Examination for Discovery Of ill Default that Action be Dismissed. {Rule 454-] {Court and Style of Cause. ) Upon the application of the defendant, upon reading the notice of motion &c,, and upon hearing the solicitors for the parties : 1. It is ordered that the plaintiff do attend at his own expense before , Es(i , Special Examiner, at such time and place as he shall in writing appoint, and submit to be examined viva voce upon oath touching his knowledge of the matters relating to this action, pursuant to the statute in that behalf, and that in default of the said plaintiff so attending at the time and place aforesaid this action be dismissed with costs. 2. .And it is further ordered that the defendant's solicitor do give the jjlaintiff's solicitor — days notice in writing of the time and place of such examination. 3. And it is further ordered that the costs of this application be . 440. Order tliat Defendant Attend for Re-examination As a Judgment Debtor —Application to Commit. {Court and Style of Cause.) Upon the application of the above named plaintiff for an order to commit the defendant CD. to the common goal of the County of — for unsatisfactory answers upon his examination as a judgment debtor, upon reading the examination iS:c., and upon hearing what was alleged by counsel for the plaintiff and the defendant : I. It is ordered that the said defendant C.I), do at his own expense and without payment of further conduct money attend before at such time and place as he shall in writing appoint, and submit to be further examined upon oath touching his estate and effects and as to the property and means he had when Jo s, 4 34" ORPKRS. ••• I J J , fMlriK. I ,.«ii«i:5' ,1 ,,«"•' 'til' !.«.*.- ... '>>..»...J'|!l»l.«»4i, ""■ — ^hi till' (lcl)t i)r lial)ility (which was the subject of this action and for whicli jiidyniont has been obtained against him) was incurred, and as to tlie property and means lie still has of discharging the said judgment, and as to the disposal he may have made ot any property since contracting such del)t or incurring such liability, and as to any and what debts arc owing to liim. 2. And it is further ordered that the defendant (!. I), do pay to the plaintiir A.l). the costs of the said exaniination already had and of this motion forthwith after taxation thereof. 3. And it is further ordered that the further consideration of this application is hereby reserved until after such further examination shall have been had, liberty being given to the plaintiff then to resume this application to commit. 441. Order for Examination of Witnesses before Trial Dc Bene Kssi: ( Rule y.S;,-. ) The Master in Chambers ^ {or (IS may />e). j In inK Hic.n Coukr ok Justkk. — day the day of -189—. Hetween A.B., Plaintiff, and C.I)., Defendant. Upon the application of , and upon reading the affidavit of fded, and upon hearing the solicitor (or counsel) for 1. It is ordered that a witness on behalf of the l)e examined 7'i7'a voce on oath {or affirmation) before — l^Sij., Special Examiner, {or as the case may />c,) the — solicitor or agent giving to the solicitor or agent days notice in writing of the time and place of the said examination. 2. And it is fi'rther ordered that the examination so taken be filed in the office of , and that an office copy or copies thereof may be read and given in evidence on the trial of this cause, saving all just exceiitions, without any further proof of the absence of the said witness than the affidavit of the solicitor or agent of the as to his bell'^f, ^Tid that the costs of this application be . OKDKKS. .U> 442. Final Order of Foreclosure. The Muster in Chambers In iMi; ili(;ii (lorui ok jijstic;k. I (lay the day of ) l8y— . Hetwcen A.M., I'laiiitiff, and C.I)., Defendant. L'jion the ap[)Haition of the |)laintin", and ii[)()n liearini^ the solicitor for the [jlaintiff, and upon reading the : I. It is ordered that the defendant CD. do stand absolutely debarred and foreclosed of and from all right, title and ecpiity of red'.'uiption of, in and to the mortgaged premi.ses in the i)leadings mentioned. Entered i«9— • ) X.V. Order Hook No.— p.— j Master in Chaml)ers. 443. Order for Foreclosure or Sale Il7icrc Infiuits arc Coiiccnwil. In thk Hic.h (!oukt oi- Jcstick. The Master in Chambers. \ « ^'^^ ^^"^ °'' I 189--. A.D. iSetween A.!'.., Plaintiff, and CD., and E.F. an infant under the age of 21 years, Defendants. Upon the i.pplication of the above named plaintiff, and upon hearing the solicitor for the applicant and , and upon reading the pleadings herein and the affidavits of : I. It is ordered and adjudged that the Local Master of the Supreme Court of Judicature for Ontario at do enquire and state whether a sale or foreclosure of the mortgaged premises in ... •»• c 4 ill I ; 342 ORDERS. question in this cause would be more beneficial for the infant defendant. 2. And it is further ordered and adjudged that all necessary encjuiries be made, accounts taken, costs taxed including the costs of the guardian ad litem of the said infant E.F. which are to be paid by the plaintiff and added to his own, and proceedings had for redemption, foreclosure or sale of the said premises, according as the said Master may find foreclosure or sale more beneficial. 3. And it is further ordered and adjudged, in the event of the said Master finding that a sale will be more beneficial, that the purchaser do pay his purchase money into court subject to further order ; and that the same when so paid in be applied in payment of what is due to the plaintiff together with subsequent interest and subsequent costs, including the subsequent costs of the said guardian, when computed and taxed. 444. \P: *' I' '■*.i««..t)r»li a,. .' Order on Further Direetions Confiritring Report and Dispensing ivith Payment in ; also Vesting Liinds. In the High Court of Justice. Hefore the Honourable \ Mr. Justice . ( the day of 189 Between A. B., Plaintiff, and CD. and E.F., Defendants. This action coming on to be heard this day before this Court on further directions and on the question of costs, in presence of counsel for the defendants, no one appearing on behalf of the creditors named in the report herein of the Local Master at as being the only creditors who have proved their claims, though duly served with notice of this motion, as by affidavits filed appears, upon hearing read the judgment herein dated the day of 189 — , the report on sale hereui dated the day of 189—, and the order dated the day of • 189 — confirming the same, the final report herein of the said Master dated the ORDERS. 343 — day of 189—, the notice of motion herein and the affidavits and admissions of service thereof, the consent of the plaintiff's solicitor duly verified by affidavit filed, and the pleadings and proceedinj^s herein, and it appearing that the amount due the defendant E. F. una*.'- his mortgage referred to in the report of the said Master exceeds the amount for which he purchased the lands in question : 1. This Court doth order that the said final report herein dated the day of 189— he and the same is hereby confirmed forthwith after the filing thereof, and that i)aynient into Court by the defendant E.F., the purchaser of the lands and premises herein, of the amount of his purchase money be and the same is hereby dispensed with. 2. And this Court doth further order that the lands in question herein, namely, all and sin<;ular those certain lands and premises in the Town of being composed of {acscribe the lands) be and the same are hereby vested in the defendant E.F. of the Tov/n of , Esquire, his heirs and assigns, forever, for all the estate, right, title, interest and equity of redemption of the plaintiff and of the defendant CD. therein and thereto. 445. Garnishee Order Attaching" Debts. [Rule grr.) 189- In thk High Court ok Justice The Master in Chambers "I , , , r , / \ daythe-^ day of — {or as may oe). j •' ' Between A.B., Judgment Creditor, and CD., Judgment Debtor, E. F., Carnishee. Upon the application of , and upon reading the affidavit of filed, and upon hearing the soUcitor {or counsel) for I. It is ordered that all debts owing or accruing due from the above named garnishee to the above named judgment debtor be af.ached to answer a judgment rjcoverod against the said s 4 344 ORDERS. , It" ,r.-'i .A.* judgment del)tor by the above named judgment creditor in the High Court of Justice on the day of i8— for the sum of $ , on which judgment the said sum of $ remains due and unpaid. 2. And it is further ordered that the said garnishee attend before the in Chambers (or as the case may be) on day the day of i8— at o'clock in the — noon, on an application by the said judgment creditor that the said garnishee pay to the said judgment creditor the debt due from him to the said judgment debtor, or so much thereof as may be sufficient to satisfy the judgment. 5. And it is further ordered that the costs of this application be ^ . 446. Order in Garnishee Proceeding's Calling on Third Person to Appear and State Claim. {Rule g2o.) day of In the High Court ok Justice. The Master in Chambers"! day the {or US the case may be). ] 189 — . Between A. B., Judgment Creditor, CD., Judgment Debtor, E.F., Garnishee, and G.H., Claimant. Upon the application of , upon reading the affidavit of filed herein, and upon hearing the solicitors for the judgment creditor and the garnishee : 1. It is ordered that the further hearing of the parties to the garnishee order herein dated the day of 189 — , whereby it was ordered that all debts owing or accruing from the above named garnishee to the above named judgment debtor should be attached to answer a judgment recovered by the said judgment creditor against the said judgment debtor, do stand adjourned until the uay of 189 — . 2. And it is further ordered that G. H., the party alleged to be entitled to the said de))t {or who is alleged to have a lien or charge '••••■-•■jr ''•■».~«.."'~' ^^ *s» ^— ■•- Its ORDERS, 345 upon the said debt), attend l)efore the Master in Chamliers on the said day of 189 — at the hour of o'clock — ^-noon, to state the nature and particulars of his clain^ in the ■ — to such debt, and maintain or relinquish the same, and abide by such order as may be then made herein. 447. Garnishee Order. {Fhial.) In the High Court of Justice. The Master in Chambers \ day the — day of {or as may be). J 189 — . Between A.B., Judgment Creditor, and CD., Judgment Debtor, E. F., Garnishee. Upon the application of , and upon reading the affidavit of filed, and the order herein dated the day of 18—, whereby it was ordered that all debts owing or accruing due from the above named garnishee to the above named judgment debtor should be attached to answer a judgment recovered against the said judgment debtor by the above named judgment creditor in the High Court of Justice on the — day of 18— for the sum of $ ■, on which said judgment the sum of $ remained due and unpaid, and upon hearing 'he solicitor {or counsel) for : 1. It is ordered that the said garnishee do forthwith pay the said judgment creditor the del)t due from him to the said judgmer.t debtor (or so much thereof as may be sufficient to satisfy the judgment debt), {or that the said attaching order be and the same is hereby rescinded, or as may he ordered). 2. And it is further ordered that the costs of this application l)e . "'.••.2; fe:: ^5 4 IMiii'li '■■'*% i 346 448 ORDERS. Order for Writ of Habeas Corpus A fid Writ of Certiorari in Aidt the 18—. In the High Court ok Justice. The Honoural)le Mr. Justice . | day In Chambers. j day of The Queen against A.B. Upon the application of the said A. B., upon reading the affidavits of filed, upon reading the conviction and jiro- ceedings had bpfore ■ , Esquire, Police Magistrate in and for the City of {or as the disc may be), and upon hearing counsel for the said A.B. : 1. It is ordered that a AV'rit of Hal)eas Corpus do issue out of the High Court of Justice directed to the Warden of the Provincial Penetentiary at Kingston {or as the case may be,) directing him to have before a Judge of the High Court of Justice for Ontario presiding in Chaml)ers at Osgoode Hall, Toronto, forthwith after the receipt of the said writ, the body of A.B. a prisoner detained in the custody of the said warden, that there may be caused to be done thereupon what of r ght and according *o law it shall be seen fii to be done. 2. And it is also ordered that a Writ of Certiorari in aid thereof do issue out of the said High Court of Justice directed to , Estjuire, Police Magistrate i.. and ftT the City of , to remove into the said High Court of Justice all and singular the information, depositions, evidence, conviction and proceedings had and taken against the said A.B. before the said , Esquire, as such Police Magistrate in and for the said City of -, upon the information and complaint of , upon a charge that he the said A.B. did on the day of 189— at the City of in the County of {here set out the charge upon which A.B. was convicted). 3. And it is further ordered that the applicant shall be at liberty to use u])on the return of the motion such further and other material as he may be advised. 1 'I .. * .■••.•WW* "tH* '..».3fcl»' .^-.- M*-"' !»»••■* " -iil ORniTRS. >47 449. Order for Writ of Habeas Corpus Atid Order for Certiorari in Aid, {R.S.O. i8gy, chap. Sj and chap. ^5p. ) In the Hic.h Court ok Justice. The Honourat)le Mr. Justice- In Chaml^ers. Monday the day of 189—. In the Matter of a certain investigation lately pending before His Honour , Esquire, Junior Judge of the County Court of the County of , entitled as follows : " In the Matter of R.S.O. 1897, Chapter 259, An Act for the Protection and Reformation of Neglected Children. And In the Matter of H.B., L.B. and l'..B., infants alleged to he neglected and dependent within the meaning of the said Act : " Wherein an order was made by the said Judge on the day of 189 — for the delivery of the said infants to The Children's Aid Society of . Upon the application of M.B., mother of the above named infants H.B , L.B. and E.B., upon reading the affidavits of M. B., W.T. and J.S. filed, and the exhibits therein referred to, and upon hearing counsel for the said applicant : 1. It is ordered that a Writ of Habeas Corpus do issue out of this Court directed to The Children's Aid Society of and the President thereof, refpiiring the said Society and President thereof to have before the Judge of the High Court of Justice presiding in Chambers at Osgoode Hall in the City of Toronto on Monday the ■ day of 189— at the hour of ten o'clock in the forenoon, or so soon thereafter as the said Judge maybe sitting in Chambers, the bodies of the above named H.B., L.B. and E. B., now detained in the custody of the said Society, together with the cause of their detention, that the Court may cause to be done thereupon what of right and according to law the Court shall see fit co be done. 2. And it is further ordered that the above named , Esquire, Junior Judge of the County Court of the County of ■ , do send to the Central Office of this Court at Osgoode :3 K ^ 348 ORDERS. mm 'i < Hal), Toronto, forthwith on the receipt hereof, all and singular the information, depositions, evidence, conviction, orders and proceedings had before him in the above recited matters, wherein an order was made by the said Junior Judge on the day of 189—, with all things touching the same, as fully and entirely as they remain in the custody or keeping of the said Junior Judge, by whatsoever names the parties may be called therein, together with this order, that the Court may cause to be done thereupon what of right and according to law the Court shall see fit to be done. 3. And it is further ordered that the ?aid applicant shal' be at liberty to read upon the return of the motion such further material as counsel may advise. {Sigiiatuie of officer.) 450. Order for Discharg-e of Prisoner On Rctiini of IVn'i of Habeas Corpus. In the Hic.h Court of Justice. The Honourable \ Mr. Justice . - In Chambers. j the day of 18— The Queen v. A.B. Upon the application of the above named A.B., upon reading the Writ of Habeas Corpus issued herein on the day of 189—, and the return made thereto by Thomas iMcCrossen, Superintendent of the Ontario Reformatory for Boys at Penetan- guishene {or as the case may /v), the Writ of Certiorari issued on the said day of 189— in aid of the said Writ of Habeas Corpus, upon reading the information, conviction and proceedings returned by , Estjuire, Police Magistrate in and for the City of , in compliance with the said Writ of Certiorari, upon reading the affidavits of , and upon hearing counsel for the Crown and for the above named A. B. : 1. It is ordered that the above named A.B. be discharged out of the custody of the Superintendent of The Ontario Reformatory for Boys at Penetanguishene, as to his commitment under warrant ORDERS. 349 , Escjuire, Police Magis- -, on the information of , of commitment made by the said trate in and for the said City of for that he the said A. H. on the day of ■ in the year of , our Lord one thousand eight hundred and ninety , at the City of in the County of- , did {lure insert chariot'), in so far as he tlie said A.U. is held under the aljove mentioned warrant of commitment, and that this order he sufficient authority to the said Superintendent for the discharge of the said A.]!. 451. Order for Writ of Habaas Corpus ad Testificandum. {Court and Style of Cause.) Upon the application of — the defendant aljove named, and upon hearing read the affidavit of this day filed, and upon hearing counsel for the plaintiff and the defendant, no one a[)pearing for or on behalf of the Honourable the Minister of Justice for Canada, although duly notified of this application, as by atfidavit of service of notice thereof appears : 1. It is ordered that a Writ ot Habeas Corpus ad Testificandum may issue out of this Honourable Court on behalf of the defendant, directed to the Warden of the Provincial Penitentiary at , to bring a prisoner now confined in the said penitentiary before the Judge presiding at the sittings to be holden at the City of in the Province of Ontario on the — ■ — day of i8 — at the hour of ten o'clock in the forenoon, and so from day to day until the above action is tried, to give evidence on behalf of the defendant. 2. And it is further ordered that before execution of the said writ the defenda.it do pay to the said warden of the said penitentiary the expenses of bringing the said prisoner to and recon- veying him to the said penitentiary. 3. And it is further ordered that the costs of this application and of the said writ and e.xecution thereof be costs in the cause. ;5 44"** I ••i* 5 35° ORDERS. 452. . ;■■**'< Order Allowing* Mortgragre 0/ Infants' Lands {Rule g6u ct scq.) In the High Court of Justice. The Master in Ch m bers. \ 189- -day the day of In the mattkr of E. B. and F. B., infants under the age of twenty- one years. Upon the petition of the above named infants, upon reading the said petition, the examination of the said infants and of {give names of oi/nw 7vi/nfsses), and the affidavits ot and , ai.d upon hearing the solicitor for the said petitioners, the official guardian at/ litem appearing and not objecting to this order : 1. It is ordered that the said petitioners be at liberty to mort- gage the lands mentioned in the said petition being {set out description of lands) for a sum not exceeding dollars, bearing interest at the rate of- per cent, per annum, such interest to be paid {set out times for payment) on all sums remaining unpaid, the principal sum of dollars to be payable in years from the date of the said mortgage, such mortgage to contain the fallowing provisions : {set out speeial provisions. ) 2. And it is further ordered that the said mortgage be settled b)' the {give name of offieer to whom it has been referred)., who is to execute the same on behalf of such of the said infants as are unable to execute the same for themselves. 3. .\nd it is further ordered that the said mortgage money be paid into Court to the credit of this matter and be applied : First: in payment of &c. Secondly : in payment of iS:c. Thirdly ; in payment of the costs of this application and of preparing and procuring the execution of the said mortgage, to be taxed as l)etween solicitor and client, such costs to include those of the official guardian ad litem of and incidental to this appli- cation. 4. And it is further ordered that the said moneys be paid out with the privity of the said official guardian ad litem. ORDERS. 331 453. Order -Interim Injunction on Ex Parte Application Against Removing Buildings. {Court and Style of Cause.) Upon motion this day made unto this Court l)y Mr. of counsel for the plaintiff, upon hearing read the writ of summons herein, the affidavits of the plaintiff and ■ ■, and upon hearing what was alleged by counsel aforesaid, and the plaintiff by his counsel undertaking to abide by any order as to damages which this Court may make in case it should hereafter be of opinion that the defendant shall have sustained any by reason of this order and injunction which the plaintiff ought to pa]' : 1. This Court doth order that the defendant, his servants, workmen and agents, be and they are hereby restrained from removing or destroying the buildings erected on the lands in (juestion herein and described in the writ of summons until day the day of next, or until the motion then to be made to continue this injunction shall have been heard and determined. 2. And this Court doth further order that the said plaintiff be at liberty to file and read a further affidavit upon the return of the said motion to continue this injunction, serving a copy thereof with the said notice of motion to contine the injunction. 454 Order Continuing- Injunction Against Tfansfcrring a Promissory Xotc. In thi': Hic.h Coukt ok Justice The Honourable Mr. \ Justice . \ -day the dav of- 1S9— . Between A.B., Plaintiff, and CD. andE.F., Defendants. Upon motion this day made unto this Court by Mr. of counsel for the plaintiff, for an order continuing until the trial of this action the injunction granted herein on the • day of — -5 ■•••4 s »» K 352 ORDliRS. ■K f.«« it*.,, .iK„:.;:i,. •((•♦■a;;.. «C::: J!; ■"*%, -"ii. '•*»M,.lJ|«t::a». J', 1S9 , in presence of counsel for the {Icfendants (or no one appear- ing for the defendants altiioaL^li duly notified, as l)y the affidavits of and appears), ii[)on hearing read the writ of sum- mons and statement of claim herein, the order dated the (lay of -— - — iS(j ■ and the afliiiavit of -^ filed, and upon hearing what was alleged by counsel aforesaid, and the plaintiff by his counsel undertaking to abide l)y any order which this Court may make as to damages in case it may hereafter appear that the defendants shall have sustained any by reason of the said order or of this order which the plaintiff ought 10 pay : 1. This Court doth order that the defendant CD., his officers, servants and agents, be and the same are herei^ restrained from parting with, delivering over or transferring to the defendant E.F., or to anyone whomsoever, a certain promissory note dated the day of 189 - for $ made by the plaintiff, and the bonds in the statement of claim in this action mentioned, or from paying such dividends as may in the meantime be payable on such bonds, until the trial or other final disposition of this action. 2. And this Court doth further order that the costs of and incidental to the motion for an interim injunction and of this motion be reserved to be disposed of by the Judge presiding at the trial of this action ; or, if the said action shall not be tried, then upon application to the said Mr. Justice . 455. Order Continuing" Injunction Until Trial Agdinsf Felling- Timber. In the High Court ok Justici:. Before the Honourable! day the day of Mr. Justice . I 1H9— . Between A.B., IMaintiff, and C.I), and E.F., Defendants. Upon motion of Mr. of counsel for the plaintiff, for an order continuing the order and injunction granted by the Local J udge at • (('/• as the case may he) on the day of 189—, no one appearing for the defendants though duly served ORDEKS. 353 with notice of this motio:i as ai^paars by affidavit of service filed, u[)on hearing read the writ of summons herein and the affidavit of service thereof u[)|)m the defendants, and the affidavits of and filed and the e\hil)its therein referred to, and the said order and injunction, and u|)on hearing what was alleged by counsel aforesaid, and the [)laintiff by his said counsel undertaking to abide by any order this Court may make as to damages in case it should hereafter be of the o[)inio;i that the defendants have sus- tained any by reaso;i of this order which the [)laintiff ought to pay ; 1. This Court doth order that the said order and injunction restraining the defendants and each of them, their and each of their servants, agents and workmen, from (uitting any wood or other timber on the lands and premises descril)ed as , and also from selling or otherwise disposing of any timber ^:c. (as in the onlcr), be and the same is hereby continued until the trial or other final disposition of this action or until further order. 2. And this Court doth funher order that the costs of and incidental to the motion to the said Local Judge and this motion be reserved to be disposed of by the Judge presiding at the trial of this action ; or, if the said action shall not be tried, then upoii application to the said Mr. Justice . 456. Order Directing" Issue Between Judgment Creditor and Garnishee. In the High Court or Justice. The Master in Chambers {or as the case may be. ) \ -day the day of 189^ Between A. B., Judgment Creditor, CD., Judgment Debtor and E. F., (Garnishee. Upon the application of — , upon hearing read the affida- vit of filed herein, and upon hearing the solicitors for the judgment creditor and the garnishee : I. It is ordered that the above named judgment creditor A.B. and the above named garnishee E.F. do proceed to the trial of an issue wherein the judgment creditor shall be plaintiff -3 ^.:5 5-= 1,^ J- « w 1 'lk,..,;;i|, -in 354 oKincKs. and the L^irnishce defendant, and the ([iiestion to he tried therein shall be whether the ^^arnishee was at the time of the service on hini of the garnishee ortler herein on the — - — - day of 189— indebted to the above named judgment del)tor. 2. And it is further ordered that the said issue lie prepared and delivered by the plaintilf therein within days from this date and be returned by the defendant therein within days after reee pt thereof, and that the said issue be tried at T,. And it is further ordered that the (iiicstion of costs and all other iiuestions be reserved until after the trial of the said issue. 457. Interpleader Order Directing Sale ami Applivation of Proceeds tlicrcof. In tiik Hii',11 Corui' o\ Justick. The Master in Chambers \ day the day of {or lis tlie case may Ix .) I .?y Between A.IJ., I'laintifl", and CD.. Defendant, And l.ttween E. F., C nimant, and The said A. B., Iv.ecution Creditor, and the Sheriff of — , Respondents. Ui)()n the api)lication of the Sheriff of — for an inter- l)lcailer ortlcr, and u|)()n reading the aftidavit of — filed, and u[)!in hearing the solicitor {or counsel) for ■; 1. It is ordered that the above named Sherifi proceed to s( ^ enough of the goods sei/ed under the writ oi fieri facias issued in this action to satisfy the expenses of the said sale, the rent (if any) due, the claim of the claimant and this execution. 2. And it is further ordered that out of the proceeds of the said sale, (after deducting the expen'^cs thereof and rent, if any, ) the said Sheriff pay to the claimant the amount of his said claim, and to the execution creditor the amount of his execution, and the residue, if any, to the defendant. 3. And it is further ordered that no action be l^rought against the said Sheriff, and that the costs of this api)lication be . OKIHIiKS. 355 "■ Ji 458. Interpleader Order Directing Summaty Tfinl. In the Hk;h Court ok Justick. The Nfastcr in Chambers I , , , ,• \or lis may Oi\) \ •' ■' - -1S9— . Between A. 1'.., I'laintift, and CD., Defendant, And between E.I'., Claimant, and The said A. li., Execution Creditor, and the SiierilTof — , Respondents. U[)oii the application of tlvj Sheriff of - — for an inter- pleader order, and iipcii hearing; read the affidavits of •, and upon hearing the solicitor {or counsel) for ■, and the claimant and the execution creditor having recpiested and con- sented that the merits of the claim made by the claimant be disposed of and determined in a summary manner ; I. It is ordered that iSrc. be 2. And it is further ordered that the costs of this application L 5i I J3' ORDERS. ?■ It I' , 'III" : i c,.:..'iii, 459. Interpleadep Order Directiug Sale of Goods or Taking of Security therefor ; and Directing Trial of Issue. In thk Hic.h Court of Justice. The Master in Chaml)ers | day the day of {or (IS may he.) j 189 — . Between A. H., Plaintiff, and C.I)., Defendant, And between &c. {titles of any other actions). And i^etween E. F. , Claimant, and The said Execution Creditors A.B. (Src, and the Sheriff of ^ — , Respondents. Upon the application of the said Sheriff for an interpleader order and upon reading the affidavit of filed, and upon heanng the solicitor {or counsel) for : I. It is ordered that the said Sheriff proceed to sell the goods seized by him under the writ o^ fieri facias issued herein, and pay the net proceeds of the sale, after deducting the expenses thereof {or as otherwise ordered,) into Court in this cause, to abide further order herein : Or it is ordered that upon payment into Court by the said claimant within from this date of the sum of $ ((.ir of the api)raised value of the goods and chattels seized by the said Sheriff herein, together with the expenses of appraisement), or upon the said claimant within the same time giving to the execution creditor security to the satisfaction of for the payment of tl-.e same amount by the said claimant according to the directions of any order to be made herein, and upon payment by the said claimant to the above named Sheriff of the possessicn money from (///(• date of the notice of motion or of the order oi such date as may he proper), and upon production to the said Shcrifi of the Accountant's certificate thai die money has been paid into Court, or the certificate of the said that security has been given as aforesaid, the said Sheriff do withdraw from the possession of the ORDHRS. 357 ^oods and chattels seized by him under the writ of fieri facias herein. 2. And it is further ordered that unless such payment he made {including the Sheriff's possession money) or such security be given within the time aforesaid, or in case before the expiration of the time aforesaid the claimant desires the said goods and chattels to be sold by the said Sheriff, the said Sheriff do proceed to sell the said goods and chattels, and pay the proceeds of the sale, after deducting the expenses thereof (c^r as otiicncisr oidcnui) and the |)OS«ession money as aforesaid, into Court to the credit of this matter, to abide further order herein. ■},. Atul it is further ordered that the ])arties jiroceed to the trial of an issue in the Higli ('ourt of Justice {or in the County ( 'ourt of the County of ,) in which the claimant (r>/- execution creditor) shall be i)!aintiff and tlie execution creditor (('r claimant) shall be defendant, and that the ([uestion to be tried shall be whether at the time of {insert lierr the delivery of the said writ to the Siieri ff or the seizure by the Sheriff oi- the sale by the Sheriff as tlic case may rc(]tiire) the goods and chattels seized {in rase the elaiinaiit is f^laititiffwvMi the property of the claimant as against the execution creditor) \or in case tlie execution creditor is plaintiff were exigible under the execution of the execution creditor as against the claimant |. 4. And it is further ordered that such issue i)e prepared and delivered by the plaintiff therein within from this date and t)e returned by the defendant therein within days thereafter, and be tried at . 5. And it is further ordered that the (question of costs and all further (juestions be reserved to i)e disiirscd of by the judge at the trial of the said issue, or if not so disposed of, then to be disposed of in Chambers. 6. And it is further ordered that any other execution creditors •desiring to take part in the contest of the said issue shall be at liberty to do so upon [)lacing their executions against the goods of the defendant in the hands of the said Sheriff within days from this date, and upon notifying within the same time the solicitors for {an execution creditor,) (who shall have the conduct of the said issue for all execution creditors taking part in it,) of their desire to come in and of their agreemetit to contribute ''.';: -'3)1 ■3 "■■:: ^•>* ^m i2s h ^l":;t''"' ..•""■-■Vii ( •*•!«' '"■■■^i.-li"' J" ■ •--Jjcf.--. 358 ORDERS. pro rata to the expense of the said contest according to the statute in that t)ehalf. 7. And it is further ordered that no action be brought against the said Sheriff for or in respect to the seizure of the said goods and chattels or for anything done under this order. 460. Interpleader Order SubstHiiting New Claimant to Goodx Seized. In the Hic.h Court ok Justici:. The Masterin Chambers -j {or as may be. ) J -daythe- day of- -189- Between Plaintiff, and And between and Defendant, Claimant, Upon the application of — filed, and upon hearing the solicitor {or counsel) for — Respondent. -, upon reading the affidavit ot 1. It is ordered that the above named > ' 'mant be substituted as defendant in this action in lieu of the present defendant. 2. And it is further ordered that the costs of this application be . ORDERS. 359 46i Interpleader Order Oil Applicdtio)! of Sheriff, Clai'iiitnit not Appearing. (Rules In I'HE P'iGH Court ok Justice. -day the -day of ■ The .'Ja:;t> jii Chamljers / {or as may be. ) ^ Between A. 1'.., I'lamti ff,, and C.I)., Defendant. And in the County Court ok ihe County ok -189 Between K.I'., Plaintiff, and C.I)., Defendant. And between (i. IT., (Claimant, A.B. and Ivl-. , the said Execution Creditors, and the She/iff of , Respondents. Upon the application of the said Sheriff for an interpleader order, upon reading tiie affidavit of filed, and upon hearing the solicitor {or counsel) for , and the said claimant not appearing though duly served with notice as by atifidavit of .Tl)pears ; 1. It is ordered that the said c'aimant and all persons claiming under him he and they are hereby forever barred of and trom all claim to the goods and chattels seized herein by the said Sheriff as against the said execution creditors, and that no action be brought against the above named Sheriff for or in respect to the seizure of said goods. 2. And it is further ordered that the costs of this application be . ■■■"Ik ;:5 i^ 4 ,/ i <: If" r '■<» .''**>- ''■" * • ""H^ i! '*•». |1 «.<& .>i »■■"» fi:!! ::;: ^ ».M ,.*! '»*■ 360 ORDERS. 462. Order of Divisional Court /« Interpleader Issue Setting Aside Verdiet at Trial. {Court and Style of Cause as in Form Xo. ./oj.) U[)on motio'i made uiUo this Court by Mr. of counsel for the defeiulant, in presence of counsel for the plaintiff, to set aside the verdict entered for the plaintiff on the trial of the inter- pleader issue between the said parties, and to enter judgment for the defendant or for a new trial of the said issue, upon reading the notice of motion, the said issue and the notes of the charge of the 'learned judge before whom the said issue was tried, and u[)on hearing what was alleged by counsel aforesaid, and it appearing to the Court that the verdict of the jury rendered upon the trial of the said issue was contrary to the evidence and to the judge's charge : I. This Court doih order that the said verdict in favor of the plaintiff be and the same is hereby sel aside, and this Court finds and declares that all the stock in trade in the shop or store situate in the of in the County of seized in — under a writ of execution by the Sheriff of the County of- — fieri facias issued out of this Court directed to the said Sheriff, for the having of execution of a judgment of this Court recovered by the said defendant in an action at his suit against {husband of plaititijf), were not, nor was any part thereof, at the time of the said seizure, the property of the said plaintiff as against the said defendant, and doth order and adjudge th^ same accordingly. j'«' i '.»».*;• 5»N** * ■ ■ -I* ■fr*-i . ISIi^t* ?;:r>::-;: "v.- ORDERS. 463. Order for Judgrnent (.'iidcr The Municipal Dniuiagi' Act, R.S.O. iSgy, chap. sec. loi. 361 !26, In the High Court ok [ustice Thomas Hod;j;iiis, l^s(iuire, ^ l_ day the day of 1 89-. (J'.C, Referee under The Municipal Drainage Act. Fjetween A. 1!., I'laiiitiff, and The Corporation of the Townsliip of , Defendants. This action tiavitiLj; come on to l)e tried before Tliomas llodgins, I'^scjuire, (,).C., Referee under The Municii)al Drainage .'\ct, at the Court House in the City of in the County of on the day of 189 - under and pursuant to the [)rovisions of The ]\runici[)a! Drainage Act, and the said Referee having read the pleadings and heard the evidence and what was alleged by counsel for both parties : r. It is ordered and adjudged that the plaintiff be at liberty to enter judgment against the defendants for the sum of damages and the costs of this action to be [)aid forthwith after taxation thereof. 2. And it is furtlicr ordered that the plaintiff be at liberty at any time hereafter that he may be advised to renew his application in this action for a mandatory order to compel the defendants to repair the drain in tiie pleadings mentioned. 3. And it is further ordered that this order be without prejudice to the plaintiff 's right to sue for any damages that he may hereafter suffer by reason of the non n'i)air of the said drain. 4. And it is further ordered that the sum of $ be paid in stamps by the defendants upon the report, and that the plaintiff be at liberty to pay the same, in which event such sum shall be taxed against the defendants in the plaintiff's bill of costs of the action. •■■■5 O ■•:i 4 362 ORDERS. 464. *: C 'C •■"""■ ••';£ in-' Jet**' '^f "•■as.-"-*. •Cl-'v-'"'- Order Striking- out Jury Notice J^or Irregularity. {Rtilcs 42 (/j) and 75.) In thf. Hkih Court of Justice. The Master in Chambers {or the judge of the County Court of the County of Thursday the 189—. or the Local Judge of the High Court of Justice at day of In Chambers.) Between A.l}., i'laintiff, and CD., Defendant. Upon the application of the j)laintiff {or defendant), upon reading the affidavits of filed and the exhibits therein referred to, and the affidavit of in answer thereto, and upon hearing the solicitors for the plaintiff and the defendant : 1. It is ordered that the jury notice served herein by the defendant {or plaintiff) be and the same is hereby set aside for irregularity. 2. .\nd it is further ordered that the costs of and incidental to this application be costs to the plaintiff in any event of the cause {or as the case may he). {Signature of Judge or officer.) O.'iDEUS. 3(^' 465. Order Declaring* a Person a Lunatic And Directing Reference to Appoint a Committee In the Hi(;h Court ok Justice. The Honourable Mr. Justice — ' — . \ day In Chambers. j day of- the - 189-. Ix the Matter of A. B., a person supposed to be of unsound mind. Upon the petition of -, upon reading the said petition and the affidavit of service thereof and the affidavits of and ; and upon hearing counsel for the said petitioner : 1. This Court doth declare that the said A. B. is a lunatic. 2. And it is ordered that it be referred to the Master of the Supreme Court of Judicature at to appoint a committee to settle a scheme for the management of the person and estate of the said A.B., the said committee first giving security to the satis- faction of the said Master before he shall in any wise intermeddle with the estate of the said lunatic. 3. And it is further ordered that the said committee do once in each year, or oftener if recpiired by the said Master, make a just and true account before the said Master of all and singular the rents, issues and profits of the real estate, if any, of the said lunatic, and also of the personal estate of the said lunatic and the profits tliereof, that are now in or shall hereafter come 'o his hands, custody or possession, or which he may receive out of the j-a aI estate, and do also from time to time pay into Court to the cred;t of this matter subject to further order the balances which mav be found to be in his hands upon the footing of such accounts. 4. And it is further ordered that it Iv referred to the .said Master to state what would be a proper sum to be allowed for the support and maintenance of the said A.B., and that he also settle a scheme for the maintenance of the said .X.B. 5. And it is further ordered that the alloA-ance for maintenance so to be set'iled l)y the said Master be paid out of the estate of the said A. B. as the .said Master shall direct, without further order, and that such payment be allowed to the said committee on pass- ing his accounts. 6. And it is further ordered that the costs of this application be . r•'■.:^ ■••». ■ •••4J !:•: J " ty « If • ""»■■■*. I'M 4 '""'-■•'•lit; 466. ORDERS. Order Superseding- Lunacy Order. (CoKfl and Style of Cause as in Form Xo. 46$.) Upon the humble petition of the above named A.l!. of the of in the County of presented this day, upon hearing .i'\ad the said petition and an order made on the — day of- 189 — \vherel)y the said A. 15. was declared a lunatic and it was referred to the Muster of the Supreme Court of Judicature at to appoint a fit and uroper person committee of his person and estate, and it appearing that one C. 1!. was ap[)ointed committee in pursuance of said order, and upon reading the affidavits of ^ -and , and ui)on hearing counsel for the said petitioner and the said committee C.H.: 1. It is ordered that the said order of the day of 189— be and the same is hereby su[)erseded, and the said A.B. is hereby restored to the government of Inmself and his property. 2. And it is further ordered that the said C.B. do account to the said A. 15. for his dealings with the estate of the said A.B. as committee as aforesaid, and that he do pass his accounts before the said Master, to whom the matter is hereby referred for that pur[)ose. 3. And it is further orderea that upon the said C.B. passing his accounts as aforesaid, and upon his paying to the said A.B. what the said Master shall find due by him to the said A. B., the said C.B>. be discharged from his said committeeship, and the bond given by him as such committee be delivered up for cancellation. 4 And it is further ordered that the costs of the said C.B. of and incidental to his dealings with the estate of the said A.F»., and of this application and the reference hereby directed, be taxed between solicitor and client and be paid by the said A.B. i OkOERS. 3fi- ■■«4t 467. Order of Mandamus. In the High Court of Justice. The Honourable Mr. Justice In Cham'jtrs. -. 1 -day the — — 189 — . • day of In the Matter of a certain action pending in the Division Court in the County of Between A. B., Plaintiff, and CD., Defendant. Upon the application of the plaintiff, upon reading the notice of motion that an order of mandamus do issue directed to His Honour the Judge of the said Division Court commanding him to try and adjudicate upon the said action, upon reading the affidavits of and -, the atifidavits of in answer, and the affidavit of — — in reply, and the exhibits referred to in the said affidavits, and upon hearing what was alleged by counsel for the plaintiff and the defendant : 1. It is ordered that the Judge of the Division Court in the County of do try the said action now pending in the .said Division Court and do adjudicate upon the same. 2. And it is further ordered that the costs of and incidental to this motion be paid by the defendant to the plaintiff forthwith after taxation thereof r "I* .^"•■^ I •C.""* • •mas: ;v, — -• 366 468. ORDKRS. Order on Appeal from Report of Local Master DisDiissiii^ .■ Xf^pciil, In iiiii HitiH Court ok Justice. The Honourable ] ,,„ , , , ^ ^, ,'1 II 1 I hiirsday the day of- the Chancellor. \ ' •' i8y-. Between A. 15., IMaintifi, and C.I)., Defendant. The appeal of the defendant from the report of the Master of the Siii)reme Court of Judicature at ■ dated the day of 1S9 — coming on to he heard before this Court on the day of instant, upon the grounds set out in the notice of appeal, in presence of counsel for the plaintiff and for the defendant, u[)()n opening of the matter, u[)on hearing read the judgment herein, the said re[)ort, tlie evidence taken before the said Master, and the [)leadings and proceedings in this action, and ui)on hearing counsel aforesaid : I. 'i'his Court doth order that the said api)eal be and tlic name is iKreby dismissed with costs to be paid by the defendant to the plaintiff forthwith after taxation thereof. 469. Order on Appeal from Master's Report Referring Report haek to Master for Anieiu/iiieiit. Ix rui:; IIic.H Court ok Jusitce. ) Thursday the dayof — The Honourable the Chancellor J 189- Between A. 13., Plaintiff, and C. P., Defendant. L'poji motion made this day to this Court by Mr. of counsel for the defendant, by way of appeal from and to set OKHEKS. 367 aside the report herein of the Master of llie Supreme Court of Judicature at dated the - - day of 1S9 , whereby he found that the l)e<|uest of $ made l)y X.V., deceased, to the said defendant has been paitl by the dischar^ini; of a certain mortgage made l>y the said defeiulant to tlie said deceased for the sum of $ , or for an order referring the said report l)ack for amendment, or for such further or other order as to the (!ourt should seem meet, in [)resence of counsel for both parties, upon hearing read the judgmetit of referetu"e herein, the said rei)ort, and the evidence taken by tlie said Master, and upon hearing what was alleged by counsel aforesaid : 1. This Court doth order that the said report be and the same is hereby referrt:d back to the said Master for further encjuiry and rejiort in regard to the bequest to the said defendant and the mortgage given l)y iiim to the testator, both of which are referred to in the said report. 2. And this Court doth further order that the costs of this appeal be . : '■»»» 470. Order on Appeal from Master's Report Diivctiiii^- Further nc(iri)iij[ of Evidence. [Rules 7^/ (tin/ ./9'V.) [Court tuid Style of Cause (is in Form Xo. 46S. ) U[)on motion matle unto this Court this day by Mr. ot counself or liie plaintiff, in presence of counsel for the tlefendant, by way of api)eal from the report of the Local Master of this Court at made herein on the day of last, u[)on hearing read the proceedings taken and the judgment and the said report, and upon hearing what was alleged by counsel aforesaid : I. This Court doth order that the said appeal be and the same is hereby adjourned to be heard before this Court at the next sittings of this Court to be holden at the of for the trial of actions without a jury, and upon such hearing all parties are to be at liberty to adduce such further evidence as they may be advised touching the matters in (piestion upon the said a[)peal. ;J IMAGE EVALUATION TEST TARGET (MT-3) /. ,(•), and it appearing to me after hearing the said parties and examining into the matter that the case is clearly one coining under the true intent and meaning of section 3 of The Overholding Tenants Act, and that the tenant wrongfully holds against the right of the landlord : 1. It is ordeisd that a writ of possession under the said Act do issue out of the County Court of the County of directed to the Sheriff of the County of -, in the Queen's name, com- manding him forthwith to place the said landlord in possession of the lands "n question herein, to wit : {here describe the lands.) 2. And it is further ordered that the said tenant do pay to the said landlord his costs on the County Court scale of and incidental to this application and order forthwith after taxation thereof. Judge. ORDERS. SJSt 475. Order for Particulars. {Rule 2gg.) In the High Court of Justice. The Master in Chaml)ers\ -day the day of- {or as may be). I 189 — . Between A.B., Plaintiff, and CD., Defendant. Upon the application of- -, upon reading the affidavit of -, and upon hearing the solicitors {or counsel) for- I. It is ordered that the plaintiff {or defendant) do deliver to the defendant {or plaintiff) an account in writing of the particulars of the plaintiff's claim in this action {or particulars of the paragraph of the statement of claim or defence, stating in what as may be ordered^) and that unless such particulars be delivered V ithin days from the date of this order all further proceed- ings be stayed until the delivery thereof {or as may be ordered). 3. And it is further ordered that the costs of this application be :-:S SI 476. Order for Particulars In Action for Negligence, In the Hic.h Court of Justice. The Master in Chambers) day ♦^^he day of {or as may be). j 189-, Between A.B., Plaintiff, and CD., Defendant. Upon the application of the defendant, upon reading the affidtvit of filed, and upon hearing the solicitors {or counsel) for the defendant and the plaintiff: I. It is ordered that the plaintifl do deliver to the defendant an 372 ORDERS. ■at account in writing of the particulars of the injuries and expenses mentioned in the statement of claim, together with the time and place of the accident, and the particular acts of negligence com- plained of, and that unless such particulars bedelivered within days from the date of this order all further proceedings in this action be stayed until the delivery thereof. 2. And it is further ordered that the costs of this application be^ . 477. Order for Further and Better Particulars. In the Hi(;h Court ok Justice. The Master in Chambers \ day the day of (or as may it'.) * i8q— . Between A. B. and CD., Plaintiffs, and E.F., Defendant. Upon the application of the plaintiffs and after one enlarge- ment thereof at the request of the defendant, upon hear-^" -ead the affidavit of and the exhibits therein referred to, and upon hearing what was alleged by counsel for the plaintiffs, no one appearing this day on behalf of the defendant upon the return of the motion : 1. It is ordered that the defendant do within days after service of a copy of this order upon his solicitor furnish and deliver to the plaintiffs or their solicitors herein further and better particulars of the times when and the places where (in atch particular casr) the said plaintiff A.B. practiced the misrepresenta- tion alleged and charged in the particulars delivered herein by the defendant on the - — • day of ■ 189—, and also showing therein the acts of misrepresentation so alleged and charged against him and intended to be relied upon by the defendant, and whether the alleged misrepresentation, in each particular case, was made orally or in writing. 2. And it is further ordered that the defendant be debarred from giving in evidence at the trial of this action in support of the defence of misrepresentation any acts of misrepresentation other •— .. ■^ C^ ORDERS. 373 than those of which he shall, within the time hereby limited, have furnished and delivered all the particulars hereinbefore ordered. 3. And it is further ordered that the time for delivery i)y the plaintiffs of their reply, joinder of issue or other necessary pleading, as they may be advised, be and the same is hereby extended until days after particulars as hereinbefore directed shall have been furnished by the defendant, or until days after the time hereinbefore limited for delivery of such partit'ulars, in case default be made in delivery thereof. 4. And it is further ordered that the costs of this application be costs in the cause to the plaintiffs. X.Y. Master in Chambers. '^1 SI 478 Order for Names of Partners. {Rules 144, 222.) In the High Court of Justice The Master in Chambers 1 {or lis may he. ) \ -daythe- day of- 189—. Between .\.\\., Plaintiff, and C.I). iV Company, Defendants. Upon the application of the plaintiff, upon reading the affidavit of filed, and upon hearing the solicitor {or counsel for : I. It is ordered that the defendants do furnish the plaintiff with a statement in writing, verified by affidavit, setting forth the names of the persons constituting the members or co-partners of their firm, and that the costs of this application be — . U' I * %. ••»« If: 4 Iff 479. ORDERS. Order for Production Issued on Praecipe. [Rule 464.) In the High Court ok Justice. day the day of 189—, Between A.B., I'laintifl, and CD., Defendant. Upon the application of the plaintiff: I. It is ordered that the defendant do, within ten days after the service of this order on him or his solicitor, make discovery on oath of the documents which are or have l)een in his possession or power relating to any matters in question in this action and do produce the same to and deposit the same in the Central Office at Osgoode Hall, Toronto, {or with the I deputy Clerk of the Crown, Deputy or Local Registrar of this Court at {as the case may require^) for the usual purposes. A.R, Clerk of the C. and V. or Clerk of R. and W. or Dep. Clerk, Dep. or Local Registrar. 480. Order for Better Affidavit on Production. {formal Parts.) 1. It is ordered that do file a better affidavit on production within days after service of this order upon him or his solicitor, and do produce before and leave with the all deeds, books, papers, writings and documents in his custody or power relating to the matters in question in this action, and do effectually comply with the said order to produce {give date of former order). 2. And it is further ordered that the said do produce and deposit with the of this Court the several documents set forth in the schedule to his affidavit on production filed in this cause within • solicitor of this order. ORDERS. 375 - days after service upon him or his be 3. And it is further ordered that the costs of this application 481. Order for Prohibition. {Rule //GO.) In the Hi(;h Court ok Justice. ( Name of /u dgr) ( Date. ) In Chaml)ers. In the Matter of a certain action pending in the Division Court in the County of {or as the case may he) Between A.li., Plaintiff, and C.I)., Defendant. Upon the application of the defendant, and upon reading the affidavits of filed, and upon hearing the solicitors {or coun- sel) for the defendant and the plaintiff, and it appearing that the said plaintiff has entered an action against CD. in the said Court, and that the said Court has no jurisdiction in the said cause or to hear and determine the said action by reason that [state facts sho2i>itig 7vaut of jurisdiction :\ 1. It is ordered that the said p'aintiff be and he is hereby pro- hibited from further proceeding in the said action in the said Court. 2. And it is further ordered that the costs of this application be . 3 }' ir: f r y. 376 482. OKDEKS. Order Quashing* By-Law 0/ Mntiicipal Corpord/ion, In I he Hic.M Cofki ok Justice. The Honoiiraljlc Mr. \ Tuesday the — 1S9— . day of lustice i In iHK Ma I IKK of !5y-I,aw Nuinl)er of - of the Township Uetwecti .\. 15., Applicant, and The Municipality of the Township of , Respondents. Upon motion made unto this Court this day by Mr. • of counsel for the applicant, after several enlargements of the motion at the recjuest of the , in the presence of counsel for the respondents, ui)on hearing read the recognizance of the .said A. H. atid his sureties in the premises, and the affidavits of and filed in sup[)ort of the said motion and the affidavit of filed in answer anil the affidavit of filed in reply. and the exhibits in the said several affidavits referred to, and upon hearing what was alleged by counsel aforesaid : 1. This Court doth order that IJy-law Number passed on the day of i8y - by the Municipal Council of the Township of and entitled " A liy-law to repeal By-law Number " be and the same is hereby quashed. 2. And this Court doth further order that the costs of and incidental to this application be paid by the respondents to the applicant forthwith after ta.xation thereof. 483. Order for Receiver Of Rents and Profits Pendente Lite. {Formal Parts. ) T. This Court doth order that upon of the in the County of giving security to the satisfaction of ORDERS. 377 of the [ Local] Master of this Court at the said he and he is herehy appointed to receive the rents and profits of the real estate of ■ — the intestate in the pleadings mentioned. 2. And this Court doth further order that the tenants of the said real estate do attorn and pay their rents in arrear and growing rents to such receiver. 3. And this Court doth further order that the said receiver do from time to time pass his accounts hcforc the said Master as the said Master shall direct, and do pay the balances which shall from time to time be certified to be due from him into Court to the credit of this action subject to further order. 484. Order Appointing- Interim Receiver. ( Formal Parts. ) I. It is ordered that be appointed without security until the day of next inclusive, or until further order, to receive the rents and profits of , but without prejudice to the rights of any prior incuml)rancer or his possession (if any), and that the tenants of the said estate do (without prejuc' ce as aforesaid) attorn and pay their rents in arrear and growing rents to the said so long as he shall continue to be such re- ceiver, and that all ([uestions as to passing the accounts of the said receiver and payments thereunder and all further questions be reserved until further order. -5 4::!?' si 485. Order Appointing* Receiver. [Formal Parts.) - I. This Court doth order that be appointed receiver, upon first giving security by bond to the satisfaction of the Local ^^aster of the Supreme Court of Judicature at , to receive the rents, profits and moneys receivable in respect of the following property, that is to say, {here describe property) \ but this appoint- ment is to be without prejudice to the rights of any prior incum- I- (f^ 37« OKPRKS. ft: •»-. ;;r?f l)rani:ers upon the said premises who may think proper to take pjsiession of or receive the same by virtue of their respective securities, or if any prior incumbrancer is in possession, then without prejudice to such possession. 2. And this Court doth further order that the tenants of the said premises attorn and pay their rents in arrear and growing rents to such receiver, and that such receiver have hberty, if he shall think proper (but not otherwise), out of the rents, profits and moneys to be received by him, to keep down the interest upon the prior incumbrances, accordmg to their priorities, and that he be allo'.ved such payments (if any) in passing his accounts. V And this Court doth further order that such receiver do on the day of next, and at such farther and other times as may l)c ordered by the said Master, leave and pass such accounts, and that he do on the day of next, and at such lartlier and other times as may be hereafter ordered l)y the said Master, pay the balance or balances appearing due on the accounts so left or such part thereof as shall be certified as proper to be so paid, such sums to be paid in or towards satisfaction of what shall for the time being be due in respect of the judgment signed on the day of i8t) - for the sum of $ debt and $— costs, making together the sum of $ . 4. .\nd this Court doth further order that the costs of this order and of carrying the same into effect and of obtaining the discharge of the receiver (such costs to beascei':ained by the Master) shall be primarily payable out of the sums received by the receiver, but if there shall be no sums received or the amount shall be insufficient, then upon the certificate of the Master being given stating the amount of the deficiency (such certificate to be given after passing the final account) the amount of the deficiency so certified shall be paid by the judgment debtor to the judgment creditor. 5. And this Court doth further order that the balance (if any) remaining in the hands of the receiver, after making the several piyments aforesaid, be forthwith paid by the receiver into Court to the credit of this action, subject to further order. ORnnRs. •>/ «) 486. Order of Reference Under Sec. 28 of The Arbitration Ai/. In the High Court ov Justjce. day the day of The Honourable Mr. Justice In Chaml)ers. 189- IJetwcen A. B., IMaintifl, and C.lX, Defendant. Upon the application of -, upon reading' the aftidavit of filed, and upon hearing the solicitors (or counsel; for I. It is ordered that the following (juestions arisinc^ in this action, namely : , Ije referred for inquiry and report to under section 28 of The Arbitration Act. 2. And it is further ordered that the costs of this application he 487. Order of Reference Under Sec. jg of The Arbitration Act. (Court and Style of Cause, as in Form No. 486.) Upon the application of , upon reading the affidavit of filed, and upon hearing the solicitors (or counsel) fo' I. It is ordered that the ^statf rchether nil or some atul, if so, which of the questions are to be tried] in this action be tried by 2. ( To be used in a case ivhere it is not necessary to reserve any questions as to costs or othenvise. ) And it is further ordered that the defendant (or the party by whom any amount shall be found by the Referee to be due) do pay to the plaintiff (or the party to whom such amount shall be found due) the amount which the Referee shall find to be payable, forthwith after the confirmation of the Referee's report (or as the case may require). 3. And it is further ordered that the costs of this application (or of this action) be (as may be ordered). if «4l 5 -5 S3 5r ? 380 ORDERS. 488. Order Referring* Action Under The Municipal Drainage Act, R.S.O. iSg"^, chap. 226, sec. g4. {Court and Style of Cause.) Upon the application of the al)ove named defendants, in ])re- sence of counsel for the plaintiff, upon hearing read the pleadings herein and the affidavit of — — - filed, and upon hearing what was alleged l)y counsel for the defendants and the plaintiff, and it appearing that this action may be more conveniently tried and dis- posed of by the Referee hereinafter mentioned : 1. It is ordered that this action be and the same is hereby re- ferred to , Esquire, Referee under the drainage laws. 2. It is further ordered that such examinations for discovery of the parties hereto as have already been had and taken and the depositions taken thereon, and such examinations for discovery as are now pending, may be used before the said Referee in the same manner and to the same extent as the same would be admissible at the trial of the action before a Judge of this Court. 3. It is further ordered that the costs of this action, and of this motion, and of the said reference, be in the discretion of the said Referee. 489. Order Removing" Cause from Surrog-ate Court Info High Court under Sec. J4 of The Surrogate Courts Act. In thk Hujh Court ok Justice. The Honourable Mr. Justice In Chambers. ) day the- j day of— ■ 18- In the Matter of a certain Cause or Proceeding Testamentary in the Surrogate Court of the County of relating to the Estateof A, B., Deceased. Between CD., Plaintiff, and E.F., Defendant. Upon the application of the defendant, upon hearing read the ORDERS. 381 affidavit of in support of the motion, and the affidavits of filed in answer thereto, and the affidavits of in reply, upon hearing what was alleged by counsel for all parties, and it a[)pearing that a disputed question may arise as to whether the will propounded for proof in the Surrogate Court of the County of by the plaintiff is, in fact, the will of the said A. B, , de- ceased, and it appearing that the property of the said deceased ex- ceeds $2,000 in value, and that the said cause or proceeding is of such a nature and of such importance as to render it proper that the same should be withdrawn from the jurisdiction of the said Surrogate Court to be disposed of by this Court : 1. It is ordered that the said cause or proceeding testamentary be withdrawn from the jurisdiction of the said Surrogate Court and removed into the High Court of Justice, and that the same be heard, tried and disposed of by this Court, and that the pleadings and proceedings therein do stand in the same plight and condition in which the same are now in said Surrogate Court, and that the documciUs, affidavits and papers in the said cause or proceeding, deposited or filed in the said Surrogate Court, be forthwith trans- mitted to the Deputy Registrar of this Court at the City of {or (IS the case may be). 2. And it is further ordered that the costs of this application be costs in the cause. 490. Order for Renewal Of Writ of Summons. (Rule 132.) In the High Court ok Tl'stice. The Master in Chambers ) {or as may he. ) ) -day the day of of i8y-. Between A.H., Plaintiff, and CD., Defendant. Upon the application of *he ;)laintiff, upon reading the affidavit filed, and upon hearing the solicitor for the plaintiff : 1. It is ordered thai: the writ of summons in this action be renewed for twelve months from the date of this order. 2. And it is further ordered that the costs of this application be . c s (C ',82 ORDERS. I in ■ It ^•■.., ^ 491. Order of Replevin. (Rule loyr. ) In the High Court of Justice. The Master in Chambers "j day the day of {or as the case may be. ) j 189—. Between A.B., Plaintiff, and CD., Defendant. Upon the application of the above named plaintiff, upon reading the aflfidavit of filed, and upon hearing the solicitor {or counsel) for : 1. It is ordered that the Sheriff of {here insert the name of County^ United Counties., District or City), do without delay take the security required by Rule 1072 {and where Rule 10J4 applies add and Rule 107.}.) and cause to be replevied to the plaintiff his goods, chattels and personal property following, that is to say : {here set out description of property as in the affidavit filed,) which the said plaintiff alleges to be of the value of $ and to have been take.i and unjustly detained {or unjustly detained as the case may ^(f*) by the defendant CD., in order that the said plaintiff may have his remedy in that behalf. 2. And it is further ordered that the said Sheriff do forthwith after the execution of this order make return to {insert here the officer in whose office the appearance in the action is to be entered) what he shall have done in the premises, and do also return this order. ORDERS. 383 492. Order for Representation Of Next of Kin and Benefican'es. {Rule 201.) — Motion Adjourned from Chambers into Court. {Rule j6y,) In the Hic.h Court ok Justice. The Honourable Mr. )^ Justice . J -day the- day of 189—. In the matter of the Estate of G. H., Deceased. Between A.B. and CD., Plaintiffs, and E. F., Defendant. Upon motion this day made unto this Court by Mr. — - — of counsel for the plaintiffs, in presence of counsel for the defendant, for an order adding all the next of kin and beneficiaries as parties to this action, or declaring that the next of kin are sufficiently represented by the defendant herein and the beneficiaries by the plaintiffs, or adding some more of the next of kin and beneficiaries as parties, and otherwise as asked in the notice of motion, and the said motion having come on before — , Escjuire, Official Referee, sitting for the Master in Chambers, and he having enlarged the said motion into Court, upon hearing read the affidavits of and of the defendant, and upon hearing counsel for the plaintiffs and the defendant, and it appearing that the beneficiaries under the will in question in this action are very numerous being upwards of sixty in number, fhat it would be difficult and expensive to make them all parties hereto, and that the making them parties would delay tiie trial of the action, and it also appearing that the plaintiffs are the executors named in the will in question and are also beneficiaries under the same in like interest with the other beneficiaries thereunder : 1. This Court doth declare that the beneficiaries under the said will are sufficiently represented in this action by the plaintiffs, and that the plaintiffs are to be considered as representing and do represent such beneficiaries in this action, and doth order the same accordingly. 2. And it appearing that the next of kin and others interested in the estate in the event of the will and codicil in the statement i *M»«>.3l less ten per cent, thereof paid by the said A.B. at date of sale (or as the case may be). 2. And in default of payment l)y the said E.F. within the time aforesaid, it is ordered that the said lands and premises be re-sold with the approbation of the Master of the Supreme Court of Judi- cature at . 3. And in case no purchaser shall be found for the same on such re-sale, or in case the same shall be re-sold for less than the said sum of — — — dollars, it is ordered that the said E.F. d within days after service upon him of the certificate of the result of such re-sale pay the said sum of dollars in case the same shall not be re-sold, or the difference between the said sum of ^ dollars and the amount for which the said lands shall be so re-sold, in case the same shall be re-sold for less than the said sum of dollars, into Court to the credit of this cause, subject to further order. 4. And it is further ordered that the said E.F. do pay to the all costs and expenses occasioned by such default as afore- said and the costs of this application forthwith after ta.xation thereof. 496. Order for Security for Costs of Action Issued on Praecipe. [Rule iigQ-) 189- In the Hk.h Court ok Justice. day the day of Between A.B., Plaintiff, and CD., Defendant. Upon application of the defendant, and it appearing by the indorsement on [the copy of the writ of summons] served on said defendant that the said [)laintiff resides at out of the jurisdiction of this Court : I. It is ordered that the plaintiff do within four weeks from the service of this order give security on his behalf in the penal sum of four hundred dollars, to answer the defendant's costs of this action, and that all proceedings be in the meantime stayed. !s"^:: ORDERS. 387 2. And it is further ordered that in default of such security being given by the plaintiff this action be dismissed {where there are several (kfendants as against such defendant) with costs, unless the Court or Judge upon special application for that purpose otherwise orders. Clerk of the Crown and Pleas, or Clerk of Records and Writs, or other proper officer. 497. Order for Service out of the Jurisdiction. (Rule 162 I't scq. ) In the High Court ok Justice. {Name of Jtid^e or Officer) \ day the day of In Chambers. ' 189 — . Between A. 15., Plaintift, and C.I)., Defendant. Upon the application of the plaintiff, upon reading the affidavit of filed, and upon hearing the solicitor {or counsel) for the plaintiff : 1. It is ordered that the plaintiff be at liberty to issue a w rit for service out of the jurisdiction on the defendant CD., who resides at . 2. And it is further ordered that service of the said writ ot summons and of this order upon the defendant CD. at aforesaid shall be good and sufficient service of the said writ upon the said defendant. 3. And it is further ordered that the time for appearance to the said writ be within days after the service thereof. 4. And it is further ordered that the costs of this application be . 3 I, -^ "■"•.13 ; IBM*.""..,,, 388 498. ORDERS. Order for Substituted Service By Mailing. [Rules 146, 167.) In the High Court of Justice. The Master in Chambers ) day the day of [or as may be.) j 189 — . Between A.B., Plaintiff, and CD., Defendant. Upon the application of the plaintiff, upon reading the affidavit of filed, and upon hearing the solicitor for the plaintiff: 1. It is ordered that service of a copy of this order and of a copy of the writ of summons in this action, by sending the same by a prepaid and registered post letter addressed to the defendant at , shall be good and sufficient service of the writ. 2. And it is further ordered that the costs of this application be 499. Order for Substituted Service By Advertisement. [Rule 146.) In the High Court ok Justice. The Master in Chambers ) day the day of ■ (or as may be.) j 189 — . Between A.B. and CD. Plaintiff, Defendant. Upon the application of the plaintiff, upon hearing the solicitor for the applicant, and upon reading the : I. It is ordered that service upon the defendant of the writ of summons and statement of claim in this action by publishing this order together with the notice hereon indorsed once a week for weeks preceding the day of 189— in the ORDERS. newspaper published at 389 be deemed good and sufficient service of said writ and statement of claim. 2. And it is further ordered that the said defendant do enter an appearance to the said writ of summons and file his statement of defence in the office of this Court at on or before the day of 189—. 3. And it Is further ordered that the costs of this application be costs in the cause. {Signaliin' 0/ officer.) Notice to iie Indoksed on Fokec.oinc; Order. This action is brought to recover $- - - the amount due on a promissory note made by the defendant dated i!cc. {as in the writ of summons. ) {Signature of officer.) 500. Order under Settled Estates Act, R.S.O. i8g7. Chap. 71. {Title same as of Petition, Form Xo. JJ/.) Upon the humble petition of CD. {name of petitioner or petitioners in full), presented unto the Court this day by , praying {as in the petition set out and descrilnn^i^ the lands, messuages or tenements as in the petition), and it appearing to the satisfaction of the Court that neither the applicant nor any cnher party entitled has previously applied to the Legislature of the Province of Ontario to effect the same or a similar object to that prayed for in the petition {or if any sueh applieation has been made, shoiv that the same was not rejected on its merits or reported ai:;ainst hy the Jud^e to whom the hill may have been referred), and it appearing to the satisfaction of the Court that the said petitioner was duly qualified to apply by way of petition for the relief asked for, and that the petitioner duly filed in the Central Office at Osgoode Hall, Toronto, his said petition, and thereafter properly gave notice of the filing of the same to {here give the names in full of all persons other than the petitioner to whom notice of the applica- tion has been given) and required them to notify in manner directed by The Settled Estates Act their consent or otherwise to the appli- 5 'c: <' ?s ■''^ '»'S5 V"-> \^ r:; n**.^*^ w ,..v,^. '!:.--'5 "■v,:-«». Il**^' "-^•> •■""vr* ••»», »"•. hr^.*^ hi* P *'»'»^ 390 ORDERS. cation, of whom {here ,s;iTe the names in full of all persons sensed with notice of the application 7i ir the said committee concurring and consenting on behalf of the said lunatic to the prayer of the said petition being granted ; and this Court having been pleased to dispense with service of notice of this application on {/lOfi^ivr the itamis in full of nil l^crsotis on •ichom service of the notice of the apf^lication has heen dispensed -with hy the Court), and the Court having ordered that notice of this application should be inserted in the " ", a newspaper pul)lished at in the County of , and it appearing that the said notice was duly published in manner directed, in pursu- ance of which advertisement {here ^ive the names of all f'cr sons who have af^peared pursuant to the advertisement ) have appeared and have been heard before this Court {or no one having appeared pursuant to the said advertisement as the case may he), and this Court being satisfied from the affidavits of {hen g,ive the affidavits filed) filed in support of this petition and from the evidence of {here ^ive the names of all persons we,) that the prayer of the said petition should be granted, and it appearing that all parties entitled to notice of the hearing of the l)etition have been duly notified of the hearing thereof, and ujjon reading the said petition and hearing what was alleged by counsel for {names of all parties appearing ): I. This Court doth order that {here set out the relief as ashed for by the petition so far as the same has been granted hy the Court.) [If any persons' rights are reserved hy the order, then sho7v ■n'hether the order is made subject to (iny and what rights, estate or interest of any person ivhose concurrence or consent has been refused, or who shall not, or shall not be deemed to, have sub- mitted his rights or interests to be dealt with by the Court, or whose rights or interests ought, in the opinion of the Court, to be excepted. If the purchase money is to be paid into Court or to trustees, state the provisions as to disposition of purchase money having reference to sections jj, j^, j^ and 36 of the Act. If the Court authorises a lease, see Rule gSS as to what the order shall contain. I •3i 5 -5 '••a 39* 601. OKDIiKS. Order to Changre Solicitor /ssnvd on Pnurifff. {A'u/f JJJ.) i ■•»■::■ -i In ihk Hk.h Cocki ()!• JusncE. day the day of 189—. Ik'twcLMi A. H., I'laintiff, and C.I)., Defendant. U|)on the a])|)lirati()ii of ; I. It is ordered that he he at liherty to change his soHcitor in this cuuse by making his soUcitor in the place and stead of his present solicitor. {Sii^tiijtiirc of ofiiccr.) 502. Order Calling* on Solicitor To Anxxwr C/niri^v of [mproperly Retaining Moneys. «■*"■••* .^ tin. J --il!!! it^ — I 3^:;- |- day the -dayof- 189- In riiK Mi(;n (lorur or Justice. The Honourable Mr. \ Justice . In ihk MAriKU of Mr. one of the Solicitors of the Supreme Court of Judicature for Ontario. Whereas in an action now or recently pending in this Court between A.li., plaintiff, and C.I)., and IC. 1'". and (i.H. infants under the age of 21 years, defendants, tlie above named Mr. acted as solicitor for the above named plaintiff: And whereas upon perusal of the rei)orton sale therein, the order made therein dated the day of 189 , the affidavit of and the Accountant's certificate filed, and it appearing that the said Mr. as such plaintiff's solicitor received the sum of $ in respect of the purchase money of a portion of the lands and premises sold in the said action on or about the day of last past, and that he has not paid the same into Court : And whereas the Official Guardian 'ppearing for the said infant OKDKKS. 393 if:! 394 504. OKPERS. Order for Subpoena Por Svn the -day of {or as may be.) j iiSy . Between A.B., IMaintiff, and C.I)., Defendant. Upon the application of^ , upon reading the affidavit of — , and upon hearing the solicitor for the applicant : I. It is ordered that a suhpcena ad testificandum et duces tecu:H do issue out of and under the seal of this Court, directed to , Esquire, Registrar of Deeds in and for the of , reci'iiring him to be present at the trial of this action at the sittings of this (^ourt to be held for the trial of actions at on day the day of — — — 189 , and to produce at such time and place the following documents now in his custody as such Registrar: — {Here setfortli the original records or memorials required.) 4Cter;.-" OK D I us. >95 506. Order of Judgre of Surrogate Court For Issue of Grant of Letters of Administration or Probate. In the SuRRor.ATK CorRT ok tmk County ok . In the Estate of A.H., Deceased. Upon reading the a{)plication of C.I)., and the affidavits and papers filed in sui)port thereof, and the report of the Registrar thereon, I do order that Letters of Administration {or Probate) issue to the applicant. Dated at Chambers this ) day of 189—. ) Surrogate Judge. 507. Order to Tax Solicitor's Bill of Costs Already Delivered. — On Applieatioa of Client. — Order hsiied on Praecipe. [Rule //S^.) In .IE High Court ok Justice. day the — day of 189—. In the Matter of A.M., one of the Solicitors of the Supreme Court of ludicature. Upon the application of -, and the applicant submitting to [Viy what, if atiything, shall t)e found due to the said solicitor upon taxation of the bill hereinafter mentioned : I. It is ordered that the bill of fees, charges and disbursements delivered to the applicant by the above named solicitor be referred to to be taxed. 508. Order to Tax Solicitor's Bill of Costs On Solicitor's Application. [Rule 11 S^,) ( Title, Date, ^"^'c. , as in Preceding Form. ) Upon the application of the above named solicitor : I. It is ordered that the bill of fees, charges and disbursements delivered by the said solicitor to be referred to to be taxed. 5 -I 1 1.7'».^ "■•"• ■"-■«, 509. ORDERS. Order for Delivery and Taxation 0/ Solicitor's Bill of Costs. (Rule 11S4.) {Title, Date, &c., Upon the application of — as in Fonti No. ^o'^. ) , and the applicant hereby sub- mitting to pay what, if anything, shall be found due to the said solicitor upon the taxation of the bill hereinafter mentioned : I. It is ordered that the al)ove named solicitor do, within 14 days from the service of this order, deliver to the applicant a bill of his fees, charges and disbursements, and that the same, when delivered, be referred to the to be taxed. 510. Order to Tax Solicitor's Bill After Action Brought. (Formal Parts.) 1. It is ordered that the plaintiff's bill of costs, charges and disbursements, delivered to the defendant, for the recovery of which this action is brought, be referred to to be taxed, and that the plaintiff give credit at the time of taxation for all sums of money by him received from or on account of the defendant. 2. And it is further ordered that the taxing officer tax the costs of the reference and certify what upon such reference shall be found to be due to or from either party in respect of the bill and demand and of the costs of the reference, pursuant to the statute. 3. And it is further ordered that the plaintiff do not prosecute this action touching the demand pending the reference. 4. And it is further ordered that upon payment of what (if any- thing) may appear to be due to the plaintiff, together with the costs of this action (which are to be also taxed and paid), all further proceedings therein be stayed, and that the costs of this application be • . "■"MtS- 5^:: •i: — ' ORDERS. 397 511. Order that Defendant be at Liberty to Issue Third Party Notice. In the High Court of Justice. The Master in Chambers \ , , , , / , V ( daythe dayof 189—. {or as may oe). ) ■' j y Between A.B., Plaintiff, and CD., Defendant. Upon the application of the defendant and upon reading the affidavit of filed : 1. It is ordered that the above named defendant be at liberty to issue a third party notice pursuant to Rule 209 for service on of in the County of , as the defendant may be advised. 2. And it is further ordered that the costs of this application, and of such third party notice, be reserved to be disposed of on the trial or other final disposition of this action. 612. Order for Judgrment agrainst Third Party. {Rtile 2 1 J.) day of In the High Court of Justice. The Master in Chambers ) Monday the {or as maybe.) f 189—. • Between A.B., Plaintiff, and CD., Defendant, and E.F., Third Party. Upon the application of the above named defendant, upon reading the third party notice served by the defendant on E.F. of iS:c., the affidavit of filed and the affidavit of in answer thereto, and upon hearing the solicitors for the plaintiff, the defendant and the said E.F.: I. It is ordered that judgment be entered for the defendant against the said E.F. for the sum of $ and costs to be taxed. :"C: 1"'S|.:r''-«.S:: ^w -'■'«► -"-.-•• S-a*,. •••rK^-." 'I .lis 404 521. ORDERS. Order Vesting- Personalty /;/ A'i'7v Trustee. {Formal Parts.) Upon the petition of A. U., the party V^enet'icially interested in the above trusts, this day presented unto this Court, in presence ot counsel for the said petitioner, upon opening of the matter and upon hearing read the said petition and the afifidavits of filed, and it appearing that there is no legal personal representative of the estate of C.I)., deceased, the trustee in the petition mentioned : 1. This Court doth order that the said A.B. be and he is hereby appointed to represent the personal estate of the said C. 1 ). for all the purposes of this application. 2. And this Court doth further order that the said A. H. be and he is hereby appointed trustee in the room and stead of the said CD., deceased, of the [two] paid-up shares of the capital stock of the Bank of standing in the name of the said C D. as trustee, as in the said petition mentioned. 3. And this Court doth further order that the said two shares, and all dividends accrued in respect thereof, be and the same are hereby vested in the said A.B. for all the estate and interest of the said CD. therein, upon the trusts upon which the said CD. held the said shares, or such of the said trusts as are still subsisting and capable of taking effect. 522. Order for Winding-up of Company. In thk High Courp ok Justick. In thk MAiTKR of the Company. And IN THE MATTER of The Winding-up Act being Chapter 129 ot the Revised Statutes of Canada, 1886, and Amending Acts. Upon the petition of , three of the creditors of the above named company, on behalf of themselves and all other the creditors of the said company, being presented unto this Court on the day of instant, in presence of counsel for the petitioners and ORDERS. •^05 for the said company, the same was ordered to stand over until the day of- ■ instant, and the same being presented again on the said — - day of instant, in presence of counsel aforesaid, upon hearing read the petition of , the affidavits of filed and the exhibits therein referred to, and upon hear- ing what was alleged by counsel aforesaid : 1. This Court doth declare that the Company is a trading corporation within the meaning of the said Acts and is insolvent, and doth order that the same be wound up under the provisions of the said Acts. 2. And this Court doth further order that of the of be and he is hereby appointed provisional liquidator of the said company without security. 3. And this Court doth further order that it be referred to the Local Master of this Court at ■ (or the Master in Ordinary) to enquire who are the creditors, contributories and shareholders or members of the said company, and to apj)oint a licjuidator of the estate and effects of the said company, after proper notice shall have been given to the said creditors, contributories and share- holders or members, in such manner as may be directed by the said Master, and to determine and fix the security to be given by the said liquidator on his appointment, and the remuneration payable to the said provisional liquidator and the said liquidator respectively. 4. And this Court doth further order that the said Master do ta.x to the said petitioners their costs of the said petition, and ot the said motion, and of this order, and of the said reference, and that the same be paid by the liquidator from time to time out ot the moneys of the said company. I '•"^ •4 ^^. .1 ^* ""'•^"••Ta ^ b* '^.^„ --■■J? 1 406 623. ORDERS. Order for Windingr-up of Bank. In thk Hir.H Court ok Justick. In thk Maitkr of the liank of . And in the Matter of 'i'he Winding-up Act being C!hapter 129 of the Revised Statutes of Canada, 1886, and Amending Acts. Upon the petition of , a creditor of the al)ove named Hank of , on behalf of himself and all other creditors of the said bank, presented unto this Court on the day of- — instant by Mr. — • — , of counsel for the said petitioner, upon hearing read the afifidavits of the petitioner and of — filed, and upon hearing what was alleged on behalf of the said petitioner, the said bank and certain shareholders and creditors : 1. This Court doth declare that the above named Hank of -— — is an incorporated bank within the meaning of the said Acts, and is insolvent, and doth order that the business of the said bank be wound up under the provisions of the said Winding- up Acts. 2. And this Court doth order that - of the City of and of the of — be and they are hereby appointed li(iuidators of the estate and effects of the said bank under the provisions of the said Acts, upon each of them furnishing to the satisfaction of the [Senior Registrar] of this Court security in the sum of — dollars that all moneys belonging to the estate shall be deposited in The Canadian Bank of Commerce to the joint credit of the said li(]uidators, and that the said liquidators shall pass their accounts before the Master in Ordinary (or as the case may be) half-yearly, and it is hereby referred to the said Master to take and to report upon the said accounts as occasion requires. 3. And this Court doth further order that the costs of the said petitioner and of the said bank, of this matter up to and inclusive of this order, be taxed to the said petitioner and to the said bank, and be paid out of the assets of the said bank. ORHERS. 407 624. Order Declaring^ Company Insolvent And Appitintittg Interim I 'quidittor. — Under Windinji^'- up Acts. ( Formal Parts. ) 1. This Court doth declare that the above named ('ompany is an incorporated company within the meaning of the said Acts, and is insolvent and liable to be wound up under the provisions of the said Acts, and doth order that the said company be wound up. 2. And this Court doth further orde that — — - of be and he is hereby appointed interim liquidator of the estate and effects of ihe said company, without security, until appointment ol a permanent licjuidator. 3. And this Court doth further order that the further i onsid- eration of the said petition do stand adjourned until the day of - — 189— at o'clock in the forenoon, and that in the meantime notice of the hearing of the said petition shall be given to creditors, contributories and shareholders or members of the said company, by advertisement to be published once in the and — newspapers published in the said City ol , such advertisement and the time of publication thereof to l)e settled by the Senior Registrar of this Court. 525 Order of Withernam. Issued on Praecipe. {Rule loyS. ) I.v THE High Court ok Justice. \Date.\ Between A.B., Plaintift, and CD., Defendant. Upon the application of the plaintiff, and it appearing by the return of the Sheriff of the of to the order of replevin made herein on the • day of — — 189— that the goods, chattels and personal property mentioned in the said order •Jfllif^ i ..**.:;v^' '••••••'tr'^'-.. «***''*••■■■■*. 408 ORDERS. have been eloigned by the defendant CD. out of the bailiwick of the Sheriff of to places to him unknown, so that he could not replevy the same to the said plaintiff: 1. It is ordered that the said Sheriff do forthwith take in withernam the goods, chat.e'.- and personal property of the said defendant CD. in his bailiwick, to the value of the goods, chattels and personal property by the said defendant CD. before taken, and do forthwith deliver them to the said plaintiff to be kept by him until the said defendant CD. delivers the goods, chattels and personal property last aforesaid to the said plaintiff. 2. And it is further ordered that if the said plaintiff shall give security to the said Sheriff as provided by law for the prosecut on of the plaintiff 's claims and for the return of the goods, chattels and property so to be taken in withernam as aforesaid, if the return thereof shall be adjudged, then the said Sheriff do take security with two sufficient sureties from the said defendant C.D. to answer to the said plaintiff for the taking and unjustly detain- ing of his goods, chattels and personal property aforesaid. 3. And it is further ordered that the said Sheriff do forthwith make return to the Central Office, Osgoode Hall, Toronto, [or name the officer in whose office the proceedings were commenced, \ what he shall have done in the premises, and do also return this order. {Signature of officer.) 526. Order to Bring: Up Witness In Criminal Custody. [Rule 4^5.) {Formal Parts.) It is ordered that the Warden of the Provincial Penitentiary at shall have before on the day of 189— at o'clock in the forenoon the body of • a prisoner in his custody (as it is said), then and there to testify the truth and give evidence in this cause on behalf of - — — -, and so from day to day until his attendance as such witness shall be no longer re- (juired, and that thereupon he be taken back without delay to the said prison, and there detained until he be discharged by due t.iurse of law. 527. PARTICULARS. Particulars of Bribery Under Election Petition. I\ THE Court of Appeal for Ontario. The Ontario Controverted Elections Act. Election for {state the place) holden on the dcay of 189 ~ and the —day of- 189 -. Between A.B., Petitioner, and C.I)., Respondent. I'ARIK ri.ARS OV BRIBKKV DeLIVERKU PlRSl ant to TlIK ORDER OV DATEO THE DAY OV 189 -. N; of \oter Bribed. Persons g:uilty of bribery in respect ofsucli voter within the meaning of The Ontario P21ection Act. N.B. — The place of residence of the persons referred to is unless otherwise mentioned. J.S. J.B. J.c. J.D. The above named respondent and R.A., IR.B., R.C., and R.D. I The persons last aforesaid and M.A. The said respondent and E.A., E.B., MX. and others unknown. W.A., W.B., W'.C. and VV. D., or some one of them and others unknown. I )ated the • day of 189-. Yours i\:c. To Mr. .\gent (or solicitor) for the respondent CD. Agent {or sohcitor) for the petitioner A. 15. -4r -I i fi.rp.:. •* ifc, *• * 628. PETITIONS. Petition for Administration. Unto the Surrogate Court of the County ok The petition of A.B. of the of in the County of , {addition), humbly showeth : That CD., late of the of in the County of , merchant, deceased, died on or about the day of 189 — at in the County of , and that the said deceased at the time of his death had his fixed phce of abode at the of in the said County of : That the said deceased died a widower {or as the case may bt), and without having left any will, codicil or testamentary paper whatever, and that your petitioner is his eldest son {or as the case may be) and one of the next of kin of the said deceased : That the value of the whole property of the said deceased which he in any way died possessed of or entitled to, and for and in respect to which Letters of Administration are to be granted, is under dollars : That the value of the personal estate and effects is under dollars, ana of the real estate is under dollars, and that ftill particulars and an appraisement of all said property are exhibited herewith and verified upon oath. Wherefore your petitioner prays that administration of the property of the said deceased may be granted and committed to him by this Honourable Court. Dated this day of — 189—. A.B. or A.B. by E.F. His Solicitor. PETITIONS. 411 529. Petition for Administration witli Will Annexed. No Executor Named tn Will. Unto the Surrocate Court ok the County ok The petition of A.B. of the of ■ — ■, widow, humbly showeth : That CD., late of the of of in the County of merchant, — 189— at in the County of deceased, died on or about the day in the County of and that the said deceased at the time of his death had his fixed place of abode at the of in the said County of : That the said deceased in his lifetime duly made his last will and testament bearing date the day of 189— (and codicil thereto bearing date the day of — — — 189-- :) That no executor is named in the said will (or codicil :) That your petitioner is the residuary legatee {or as the case may he) named in the said will (or codicil : ) That the value of the whole property of the said deceased which he in any way died possessed of or entitled to and for and in respect to which probate of the said will (and codicil) is to be granted is under dollars : That the value of the personal estate and effects is under dollars and of the real estate is under dollars, and that full particulars and an appraisement of all said property are exhibited herewith and verified upon oath. Wherefore your petitioner prays that administration with the said will annexed of the property of the said deceased may be granted and committed to her by this Honourable Court. Dated this- day of — — ^189—. A.B. or A.B. by E.F. Her Solicitor. -41 4 Ilk "^v^ i . '■'"•t.ic-. r. lU* — 4'^ PETITIONS. 530. Petition for Administration with Will Annexed ]\'/ieri' Executor Renouticcs Probate. Unto ihk Surrogate Court of the County of The i)etition of A.B. of the , ( k*.. 4»4 632 PETITIONS. Petftiv n for Letters of Guardianship. Unto the e.) Dated this day of 189—. To CD., respondent, Of Messrs. O. & M. Petitioner, or Petitioner's solicitor. Solicitors for the respondent. 534. Petition to Declare a Person a Lunatic. In the Hkih Court ok Justick. In the Matter of A.B., a supposed lunatic. To the Honourable the Judges of the High Court of Justice: The humble petition ofC.B. of &c. and R.D. of E.\l, lOk O.NIARIO. Fhe Ontario Controverted Eiections .\ct. IClection for the Electoral District of holden on the day of 189 and the day of - 189- . The petition of .\. V. ' ". the of in the County of , {addition,) whose name is hereto subscribed. 1. Your petitioner is a person who had a right to vote and who voted at the election above mentioned. 2. Your petitioner states that the said election was holden on the day of 189 — and the day of 189—, when A.B. of the of in the County of and CD. of the of in the County of were candidates, and the Retuiuing Officer has returned the said A.B. as being duly elected. I'ETITIONS. 4JI 3. Vour petitioner says that the said A. K. was l)y himself, by his aj;cnts and by other persons on his behalf, before, diirinj;, at and after the said election, j^uilty of bribery, treating, personation and undue inlluence, as defined by I'he Ontario I'Mection Act and other Acts of the l-ej;islative Assembly of Ontario, or recognized as such by the Oommon Law of Parliament, whereby the said A.I?, was and is incapacitated from serving in the I-e^^islative Assembly ot the Province of Ontario for the said Elec'toral 1 )istrict of — , ;ind the said election and return of the said A. 15. were and are wholly null and void. 4. And your petitioner says that the said A. H. was, by himself, l)y his aj^ents and by other persons on his behalf before, during, at and after the said election, guilty of giving and lending, and agreeing to give and lend, and offering and promising money and valuable considerations, and of promising and endeavouring to procure money and valuable considerations to and for voters at the said election, and to and for persons on behalf of voters at the said election, and to and for persons in order to induce voters to vote or to refrain from voting at the .said election, and of corruptly doing such acts and every of them on account of voters having voted or refrained from voting at the said election, whereby the said A. H. was and is incapacitated from serving in the f.egislative Assembly of the Province ol Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void. 5. .And your petitioner says that the said A. H. was, by himself, Ijy his agents and by other persons on his behalf, before, during, at and after the said election, guilty of giving and procuring, and agreeing to give and procure, and of offering and promising, and of promising to procure and to endeavour to procure offices, places and employ m.i :ii, *t and for voters at the said election, and to and for other persons in order to induce such voters to vote or refrain from voting at the said election, and of corruptly doing such acts and every of them on account of such voters having voted or refrained from voting at the said election, whereby the said A.H. was and is incapacitated from serving in the Legislative Assembly of the Province of Ontario for the Electoral District of , and the said election and return of the said .A.B. were and are wholly null and void. C '■-mt. S '^■.:;ii ~;::^2!'; 422 PETITIONS. |« -i ... I* 6. And your petitioner says that the said A. 1>. was by himself, by his agents and by other persons on his l)ehalf, before, during, at and after the said election, guilty of making gifts, loans, offers, promises, procurements and agreements as aforesaid, to and for divers persons, in order to induce the said persons to procure and to endeavour to procure the return of the said A.H. and of other persons to serve in the Legislative Assembly of the Province of Ontario, and to procure and endeavour to procure the votes of voters at the said election, whereby the said A.H. was and is incapacitated from serving in the I-egislative Assembly of the Province of Ontario for the said Electoral District of - -, and the said election and return of the said AH. were and are wholly null and void. 7. And your petitioner says that the said .\.l>. was by himself, by his agents and by other persons on his behalf, before, during, at and after the said election, upon or in consecjuence of such gifts, loans, offers, promises, procurements and agreements aforesaid, guilty of procuring and of engaging and promising and endeavouring to procure the return of the said A. 1^. and of other persons to serve in the Legislative Assembly aforesaid, and to procure and to endeavour to procure the votes of voters at the said election, whereby the said A.H. was and is incapacitated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral District of — , and the said election and return of the .said A.H. were and are wholly null and void. S. And your petitioner says that tiie said A H. was by himself, by h\> agents, and by other perso is on his behalf, before, during, at and after the said election, guilty of advancing and of paying and causing to be paid money to and to the use of other persons, with the intent that such money or i)art thereof should be expended in bribery at the said election, and of knowingly paying and causing to be paid money to persons in discharge or repayment of moneys wholly or in part expended in bribery at the said election, whereby the said A.H. was and is incapa- citated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void. 9. And your petitioner says that the said A.B. was by himself, PETITIONS. 4-\> by his agents and by other persons on his behalf, before, during, at and after the said election, guilty of receiving and of agreeing to receive and of contracting for money, gifts, loans, valual)ie con- siderations, offices, places and em[)loyinent, for himself or themselves and for other persons, for voting and for agreeing to vote, and for refraining and agreeing to refrain from voting at the said election, whereby the said A.B. was and is inca[)ac;tated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void. 10. And your petitioner says that the said A. !!. was by himself, l)y his agents and by other persons on his behalf, after the said election, guilty of receiving money and valuable con- siderations on account of divers persons having voted or refrained from voting and having induced other persons to vote or to refrain from voting at the said election, whereby the said A. 15. was and is incapacitated from serving 'n the Legislative Assembly of the i^rovince of Ontario for the said I'^.lectoral District of , and the said election and return of the said A. B. were and are wholly null and void. 1 1. And your petitioner says that the said A. 15, was by himself, by his agents and by other persons on his behalf, before, during and at -he said election, guilty of providing and furnishj^ig and of paying and promising and engaging to pay for drink and other entertainment at the expense of the said A.B. and of such agents and other persons on his behalf, to divers meetings of electors assembled for the purpose of promoting the election of the said A.li., wliereby the said A.B. was and is incapacitated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void. 12. And your petitioner says that the said A.B. was, by himself, by his agents and by or with other persons, and by other ways and means on his behalf, before, during and at the said election, guilty of corruptly giving and providing, and causing to be given and provided, and ot being accessory to the giving and providing, and of paying wholly or in part expenses incurred for meat, drink, refreshment and provision to and for persons in c: :'j if?!- 424 PETITIONS. 1 - ■■ -r .' „tam I 5^: order to I)e elected and for being elected, and for the purpose of corruptly influencing such persons and other persons to give or to refrain from giving their votes at the said election, and of giving and causing to be given to voters on the nomination day and on the day of polling on account of such voters being about to vote or having voted, meat, drink and refreshment, and money and tickets to enable such voters to procure refreshment, whereby the said A. li. was and is incapacitated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral • District of — , and the said election and return of the said A. 15. were and are wholly null and void. 13. And your petitioner says that the said A.M. was by himself, i)y his agents and by other persons on his behalf, before, during, and at the said election, guilty of making bets and wagers, and of taking a share or interest in or in other manner becoming a party to bets and wagers, upon the result of the said election in the said Electoral District or in parts thereof, and upon events and con- tingencies relating to the election, and of providing money to be used by others in betting and wagering upon the results of the said election and other elections to the Legislative Assembly, and on events and contingencies relating to the said elections, and for the purpose of influencing the said election and other elections to the Legislative Assembly aforesaid, making bets and wagers on the result^hereof in the said Electoral District or in parts thereof and on events and contingencies relating thereto, whereby the said A. B. was and is incapacitated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void. 14. And your petitioner says that the said A.B. was, by him- self, by his agents and by other persons on his behalf, before, during and after the said election, guilty of hiring and of promising to pay and of paying for horses, teams, carriages, cabs and other vehicles, to convey voters to and near and from the polls, and from the neighborhood thereof, at the said election, and of paying the travelling and other expenses of voters in going to or returning from the said election, and of providing and furnishing convey- ance or transportation by railway free of charge or at diminished rates bv means of passes and tickets and the like, and by other PETITIONS. 425 means, to voters to and from and on the way to and from the polls at the said election, and of hiring horses, cabs, carts, waggons, sleighs, carriages and other conveyances for the said A. B. and for agents of his at the said election, and of providing and furnishing and paying for the railway conveyance or transportation of voters as aforesaid, whereby the said A.B. was and is incapacitated from serving in the Legislative Assembly of the Province of Ontario for the said I'Mectoral District of and the said election and return of the said A. H. were and are wholly null and void. 15. And your petitioner says that the said A.B. was by himself, by his agents and by other persons on his behalf, before, during, at and after the said election, guilty of intimidation and of making use of and of threatening to make use of force and violence and restraint, and of inflicting and threatening the infliction of injury, damage, harm and loss, and of otherwise practising intimidation upon and against divers persons, in order to induce or compel such persons to vote or refrain from voting, or on account of such persons having voted or refrained from voting at the said election, and as well by abduction, duress and divers fraudulent devices and contrivances of impeding, preventing and otherwise interfering with the free exercise of the franchise of divers persons, and thereby compelling, inducing or prevailing upon divers voters in some cases to give and in other cases to refrain from giving their votes at the said election, whereby the said A.B. was and is incapacitated from serving in the Legislative Assembly of the Provir.ce of Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void, 16. And your petitioner says that the said A.B. was by himself, by his agents and by other persons on his behalf, before, during and at the sairi election, guilty of personation, and of aiding, abetting, counselling and procuring the commission of the offence of personation at the said election, whereby the said A.B. was and is inca[)acitated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void. 17. And your petitioner says that the said A.B. was by himself, by his agents and by other persons on his behalf, before, during and at th ■ said election, guilty of voting and of inducing and pro- r" Mm • 111 *»5^. ... ft- 426 PETITIONS. I •Sit.*.,., curing divers other persons to vote at the said election, knowing that he and they and such other persons had no right to vote at the said election, whereby the said A. B. was and is incapacitated from serving in the I>egislative Assembly of the Province of Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void. 18. And your petitioner says that the said A.B. was, by himself, l)y his agents and by other persons on his behalf, during the said election and during the hours appointed for polling thereat, guilty of selling and of giving to divers persons spirituous and fermented liquors and strong drink at divers hotels, taverns, shops and other places within the limits of polling sub-divisions in the said Electoral District, whereby the said A.B. was and is incapacitated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void. 19. And your petitioner says that the said A.B. before, during and at the said election personally engaged divers persons at the said election as canvassers and agents in relation to the said elec- tion, knowing that such persons so engaged had within eight years previous to such engagement been found guilty of corrupt prac- tices by a competent legal tribunal or by the report of the Judges upon an election petition, whereby the said A.B. was and is incapa- citated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void. 20. And your petitioner says that the said A. B. was by himself, by his agents and by other persons on his behalf, before, during, at and after the said election, guilty of corrupt practices, as defined and interpreted by The Ontario Election Act, The Ontario Con- troverted Elections Act and other Acts of the Legislative As- sembly of the Province of Ontario, and as known and recognized as such by the Common Law of Parliament, and as the term " corrupt practices " is interpreted in the interpretation clause of The Ontario Controverted Elections Act, whereby the said A.B. was and is incapacitated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral District of -, PETITIONS. 427 and the said election and return of the said A.B. were and arc wholly null and void. 21. .vnd your petitioner says that corrupt practices as defined or interpreted by The Ontario Election Act, The Ontario Con- troverted Elections Act and other Acts of the Legislative Assembly of the Province of Ontario, and as known and recognized as such by the Common Law of Parliament, and as the term '* corrupt practices " is interpreted in the interpretation clause of I'he Ontario Controverted Elections Act, were committed before, dur- ing, at and after the said election by divers agents and other persons on behalf of the said A.B. by and with the actual know- ledge and consent of the said A. B., whereby the said A.B. was and is incapacitated from serving in the Legislative Assembly of the Province of Ontario for the said Electoral District of , and the said election and return of the said A.B. were and are wholly null and void, and in consecjuence whereof the said A.B. was and is disqualified and was and is rendered incapable of being elected to or of sitting in the Legislative Assembly aforesaid, and of l)eing entered in any voters' list or poll book as a voter, and of voting at any election, and of holding any office at the nomination of the Crown or of the Lieutenant-Governor in Ontario, or any muni- cipal office. 22. And your petitioner says that the said A.B. was before, during, at and after the said election, guilty of corrupt practices as defined and interpreted by The Ontario Election Act, The Ontario Controverted Elections Act and other Acts of the Legislative .\ssembly of the Province of Ontario, and as known and recog- nized as such by the Common Law of Parliament, and as the term "corrupt practices ' is interpreted in the interpretation clause of The Ontario Controverted Elections Act. whereby the said A.B. was and is incapacitated from serving in the Legisla- tive Assembly aforesaid for the said Electoral District of ■, and the said election and return of the said A.B. were and are wholly null and void, and in consequence whereof the said A.B. was and is disqualified from and was and is rendered incapable of being elected to or of sitting in the Legislative Assembly aforesaid, and of being entered in any voters' list or poll book as a voter, and of voting at any election, and of holding any office at the nomina- tion of the Crown or of the Lieutenant-Governor in Ontario or any municipal office. 5 ^ "i I* "*:;;: ill ' iszH^-^' ■--«■••••■ 42« PETITIONS. I *»~ K*.. C-:** r^"*''* 23. And your petitioner says that the apparent majority of votes in favor of the said A.B. as ca§t at the said election is not the real and true majority of votes cast thereat, but is a wholly colourable and fictitious majority. 24. And your petitioner says that at the said election many persons voted and cast their ballots for the said A.H. who were not by law (jualified or who were by law disqualified and incompetent to vote at the said election, and whose votes thereat were therefore null and void and should be deducted from the poll of the said A H. at the said election. 25. And your petitioner says that at the said election many persons voted and cast their ballots for the said A.B. whose names were not on the Voters' List as certified under The Ontario Voters' I-ists .Act or prepared under The Manhood Suffrage Registration .\ct, and whose votes at the said election were therefore null and void and should be deducted from the poll of the said A.B. at the said election. 26. .And your petitioner says that at the said election many persons voted and cast their ballots for the said A.B. who before and during the said election had been and were employed at the election or in reference thereto, or for the purpose of forwarding the same by a candidate at the said election, or by other persons, as counsel, agent, solicitor or clerk, at divers polling places at the said election, and in other capacities, and who had received, or expected to receive, either before, during or after the said election, from the said candidate or persons employing them, for acting in such capacity as aforesaid, sums of money, fees, offices, places of employment, or promises, pledges or securities therefor, and who were, therefore, not entitled to vote at the said election, and whose votes thereat were therefore null and void, and should be deducted from the poll of the said A.B. at the said election. 27. And your petitioner says that at the said election many persons who were legally entitled to vote thereat attended the polls and duly marked tendered ballot papers at the said election in favor of the said CD., and your petitioner claims that all such tendered ballot papers should now be opened and the votes given thereby added to the poll of the said C. D. and counted in his favor at the said election. 28. And your petitioner says that the ballots cast at the said election have been and were erroneously counted, and that in fact PETITIONS. 429 a larger number of the properly marked ballots cast at the said election were in favour of the said C. 1 ). than in favour of the said A.B. and that the said CD. ought to have been returned as being duly elected at the said election. 29. And your petitioner says that in counting the ballots cast at the said election many ballot papers were counted on the poll of the said A.B. which had not been supplied by the Deputy Returning Officers at the said election, or on which votes are given for more candidates than were to be elected, or on which in addition to the printed part and the initials or name of the Deputy Returning Officer on the back something was written or marked by which the voter could be identified, and your petitioner claims that all such ballot papers which are not properly marked in accordance with the Statute ought to be now rejected and deducted from the poll of the said A.B. at the said election. 30. And your petitioner says that in the counting of the votes cast at the said election many ballot papers which v.-ere properly and validly marked in favour of the said C. D. and which ought to have been counted as votes for him were on various pretexts rejected by the different Deputy Returning Officers at the said election, and have not been counted as votes in favour of the said CD., and your petitioner claims that all such ballots ought now to be counted as votes in favour of the said C D. and added to the poll of the said CD. at the said election. 31. And your petitioner says that at the said election many persons voted in favour of the said A.B., by which persons divers corrupt practices had been committed, and such persons were thereby disqualified from voting at the said election, and the votes of all such persons were null and void and should now be deducted from the poll of the said A.B. at the said election. 32. And your petitioner says that at the said election the said A.B. and divers agents of the said A.B. committed many corrupt practices with respect to voters, and your petitioner therefore claims that on a scrutiny there be struck off from the number of votes appearing to have been given at the said election for the said A. B. one vote for every person in regard to whom any such corrupt practice was committed. 33. And your petitioner says that at the said election the real and true majority of the ballot papers validly marked and of the votes legally cast was in favour of the said CD. and not in favour c; 4t if::!-- I. » •*' 430 PETITIONS. of the said A.B., and your petitioner therefore prays that the ballots cast at the said election may be recounted, and that a scrutiny of the votes polled at the said election may be had, and that the said CD. may be by the Court declared to have been duly elected at the said election and entitled to be returned as member of the Legislative Assembly aforesaid for the said Electoral District as elected at the said election. Wherefore your petitioner prays : (i) That it may be determined that the said A. B. was not duly elected or returned at the said election and that his said election was and is void, and that the said C. D. was duly elected and ought to have been returned as elected at the said election. (2) That it may be declared and found that the said A.B. was and is guilty of the said several corrupt and illegal practices heretofore charged as having been com- mitted, before, during, at and after the said election by himself, and by his agents and other persons on his be- half, by and with the actual knowledge and consent of the said A.B. (3) That in consequence thereof the said A.B. maybe adjudged disqualified and incapable of being elected to or of sitting in the Legislative AssemMy of the Province of Ontario, and of being entered in any voters' list or poll book as a voter, and of voting j.t any election, and of holding any ofifice at the nomination of the Crown or of the Lieutenant-Governor in Ontario or any munici- pal office. And your petitioner will ever pray. Dated at this day of 189—. Witness. .VoA-. — The presentation of an election petition complaining of the undue election or return of a member of tlie Legislative Assembly or complaining of any tinlaivful and corrupt act of any candidate at such election 7vho was not returned shall be made by leaving it, together ivith the affidavit prescribed by The Ontario Controverted Elections Act, at the office of the Registrar of the Court of Appeal, who or whose clerk shall [if required) give a receipt which may be in the following for^n : PETITIONS. 43 « Received on the day of 189 - at the office of the Registrar of the Court of Appeal a petition {hf re state the purport of the said petition) for the Electoral District of {state the plaee) purporting to be signed by {insert the mime of petitioner) and the affidavit ol the said petitioner annexed thereto. Registrar. With the petition shall also be left a copy thereof to be sent by the said Registrar of the Court of Appeal to the Returning- Officer pursuant to the said Act. 536. Petition Quieting" Titles Act. In In the High Court ok Jistice. inK Matier of the East half of Lot Number Concession of the Township of — in the in the County of {or as the ease may lh\ describing the property very briefly. ) To the Honourable the judges of the High Court of Justice for Ontario : The petition of A. B. of the - — - — of- in the County of — — — , {addition,) showeth : 1. That your petitioner is absolute owner in fee simple in posses- sion {or as the ease may be) of the following property : {describe it ). 2. That there is no charge or other incumbrance affecting your petitioner's title to the said land (except &c. or that your peti- tioner's title is subject only to the charges or incumbrances in the schedule hereto mentioned, ) and that the only persons having or claiming any charge, incumbrance, estate, right or interest in the said lands are set forth in the schedule hereto annexed, and that the charge, incumbrance, estate, right or interest belonging to or claimed by each is therein set forth. Your petitioner therefore prays that his title to the said land may be investigated and declared under The Quieting Titles Act. Dated this day of 189—. A.B. Or CD. solicitor for A.B. 3i Ji ■«: ■»; I Si:; ♦ Ill,, ^••..« ^^ 43-! 537. PETITIONS. Petition Settled Estates Act. [Rule 97./.) T\ THE HuiH Court ok Jusitck. Tn thk MATiKK of Estates settled "by X.Y. {or X.V. and others) by Will dated {or Deed dated ) consisting of certain F,ands or Messuages or Tenements in the of in the County of , And in ihk mattkr of The Settled Kstates Act. 'i'o the Honourable the Judges of the High Court of Justice : The humble petition of A. B. of — in the County of ) gentleman, and {givf names of other petitioners) humbly showeth : 1. The above named X.Y., late of in the County of , now deceased, was in his lifetime and at the time of his death well and equitably seized of an estate in fee simple in possession, to his own use, in all and singular {describe lands.) 2. The said X.Y. departed this life having duly made and published his last will and testament in writing in manner required by law for the passing of real estate, bearing date the day of- 189—, whereby he devised the said lands in the words and figures following : {give words of devising clause of will.) 3. Your petitioner A.B. is the A.B. mentioned in the said devise, and {give particulars of family c^r.) 4. The said lands and premises were built upon many years ago, and the buildings have never been removed, and are now old- fashioned and not such as to be in keeping with the buildings in the neighborhood {give particulars. ) 5. Your petitioners and the other persons interested have no means whatever of removing the said buildings or of erecting suitable buildings upon the said lands, so as to ensure the said lands being productive in case the same fall into the said petitioners upon the death of the said A.B., as well as to make the same remunerative during his lifetime. 6. The infant children of your petitioner A.B. reside with and are being supported and maintained by the said A.B. out of the rents and profits of the said lands and premises, and he has not PETITIONS. 433 any means of any conseciuence for the support and nninteiiance of himself, his wife and his said infant children, beyond the income from the said lands. 7. Your petitioners are desirous that the said property should he {set out lohat is tiesited to be dotu). S. The only persons other than your petitioners who arc interested in the said lands are the infant children of your petitioner A. !>. above named, that is to say: {name childien). And your petitioner submits that it is for the best interests of all parties interested that the said [)roperty should be leased {or as the ease may he. ) 9. Your petitioners aver that if the said [)roperty is not dealt with as proposed in this petition the same will become depreciated in value in respect of the buildinys upon the same, and that the in:reased i)roduotive value thereof which can be obtained by leasing the same will be lost to the parties interested. 10. No application to Parliament {or as the ease may be) has at any time been made or refused fi>r the purpose of leasing the said settled estate, or dealing with the same in any way. \'our [)etitioners therefore pray (!\:c. Noiicn TO UK I^NDOKSI-.D ON I'laiTlON. This petition is filed by Messrs. — of Number Street. , solicitors for the within named petitioner, (who resides {or carries on business) at in the County of , ) on whom all orders of the Court or of a Judge in Chambers and all notices relating to the subject of this petition may be served at their office aforesaid. Note. — Sec Form Xo. j/g for forin of notice to persons in- terested to be endorsed on petition. c: I I <*«.; :3|»-J: ■ 5^: D. 434 638. PETITIONS. Petition Par IVindinff-iip of Company, In the Hi(;h Court ok fusTicE. In thk Mattkr of the Company. .\ni» in hie matter of The Winding- Up Act being Chapter 129 of the Revised Statutes of Canada, 1886, and amending Acts. To the Honourable the Judges of the High Court of Justice : The humble petition of A. B. of , {addition),, humbly showeth ; 1. The Company is a company incorporated under the {give All under which incorporated) in the year 18 — with its head office at in the County of in the Province of Ontario. 2. The said company after its incorporation as aforesaid was duly organized and continued to carry on business until . 3. In carrying on its business the said company incurred a very large amount of indebtedness aggregating, as is alleged, upwards of $ ^, and the affairs of the said company have become very much involved and the said company is now hope- lessly insolvent. 4. The whole assets of the said company, if now realized . sale, would not bring in all more than % for the paymei. of the company's liabilities. 5. On the day of 189 — your petitioner recovered judgment against the said company in the High Court of Justice for Ontario at {or as the case may be) for the sum of $ and costs of suit to be taxed, and writs of execution were upon the day of 189 - placed in the hands of the Sheriff of the County of against the goods and lands of the said company, directing the said Sheriff to levy, the amount of the said judgment, and the said writs are still in the hands of the said Sheriff in full force and virtue and unpaid and un- satisfied. 6. Other creditors of the said company have also recovered judgment against the said company and placed their writs of exe- cution against its goods and lands in the hands of the said Sheriff, PETITIONS. 435 c- where the same now remain in full force and virtue and unpaid and imsatisfied. 7. Several further actions are pending aj^ainsl the said com l)any by persons claiming to be creditors thereof, and further actions are threatened and will be brought by other creditors against the said company, and a large and continually increas- ing amount of costs and expenses is thus being incurred. .S. The said Sheriff some time prior to the filing of this [)etition entered into possession of the property of the said com- pany and has continued to be and now is in possession thereof under the writs of execution in his hands as aforesaid. 9. The said company has caused to be pre|)ared and has ex- hibited a statement showing its inability to meet its liabilities. 10. The said company has otherwise acknowledged its insol vency. {Insert any other particulars.) Your petitioners therefore pray : (i.) That an order may be forthwith made for the wiriding up of the said company under the said Acts, and that fit and proper persons may be api)ointed liqui- dators of the said company. (2.) And that for the purposes aforesaid all proper directions may be g ven, accounts taken, and enciuiries made, and that your petitioners may have such further or other relief as may seem meet. And your petitioners will ever pray &c. Note. See Form A\). jig for form of notice to be euiiorsed on petition. 2i il 'i:: 436 PETITIONS. I I- i ■1 1 539. Petition of Rigrht. In the High Court ok JusTicir,. To the (Queen's Most Excellent Majesty : The humble petition of A. B. {slaiiti}; Christiati name ami sur- name) of , [by his solicitor, E. F., of • ,] showeth that {statin >:; ivith lonvenient certainty the facts entitling the suppliant to relief). Conclusion. Voiir suppliant thereforc!''huml)ly prays that iVc. 'I'he suppliant proposes that tlie trial of this petition shall lake place at the of ■ — in the County of . Dated the — day of 189 — . A.B. or CD., counsel for A.B., or E. F., solicitor for .\.1{. {Stating the usual place of abode of the suppliant, afiil, if he has a solicitor, the place of business of such solicitor.) >»*~t!|».... InDORSF-MKNT on I'miTION Ol' RiCHT. [Rule 9_v) The suppliant prays for a plea or answer on behalf of Her Majesty within twenty-eight days after the date hereof, or other- wise that the petition may be taken as confessed. 540. PLEADINGS. statement of Claim— General Form. 11 •v. It In the HuiH Court of Justice. Writ issued the day of 189—. Between A. B., Plaintiff, and E.F. , Defendant. Statement ov Claim. Se/ out lOficisely in couvoiicnt paragraphs a statcmfiit of tht material facts relied upon. The plaintiff claims $ . The plaintiff proposes that this action shall be tried at Whitby. Delivered the day of 18 by X.V. of -, solicitor for plaintiff. 541. Notice in Lieu of Statement of Claim. {Rule 245.) In the Hic.h Court ok Justice. Writ issued the day of — 189—. Between A.B., Plaintiff, and CD., Defendant. Notice in Lieu ok Staiement ok Claim. 'i'he particulars of the plaintiff's claim herein, and of the rel'cf and remedy to which he claims to be entitled, appear l)y the indorsement upon the writ of summons. The plaintiff proposes that this action shall be tried at -. Dated cS:c. X.V. of Number Street, Toronto, Solicitor for plaintiff ^^ plaintiff in person. I *""* — ^:^, 642. PLEADINGS. Statement of Defence— General Form. In the High Court ok Justice. Between E.F., Plaintift, and G.H., Defendant. Statement of Defence. 1. The defendant admits the allegations in the ist and 2nd paragraphs of the plaintiff's statement of claim. 2. (Se/ out concisely in convenient paragraphs a statement of the material facts relied upon.) Delivered the day of 189 — by X.Y. of , solicitor for defendant. 643 Defence and Counterclaim— General Form. In the High Court of Justice. Between A.B., Plaintiff, and CD., Defendant. Where a third person as well as the plaintiff is made a party to a counterclaim add a second style of cause, thus : And between CD., Plaintiff, and A.B. and E.F., Defendants, (By counterclaim.) Statement ok Defence and Counterclaim of the ahove NAMED CD. 1. {Set out as in the preceding form the material facts relied on l>y way of defence.) 2. By way of counterclaim the defendant says : {Set out by refct ence to paragraphs of defence or as in the case of a statement of claim the material facts relied on hy way of counterclaim. ) The defendant therefore claims {as in a statement of claim. ) Delivered the day of 189— by X.Y. of , solicitor for defendant. PLEADINGS. 439 644 Reply— General Form. [ Title as in Statement of Claim omitting Date of Issue of Writ. \ Reply. 1. {If desired) The plaintiff joins issue upon the defendant's statement of defence. 2. {Where the plaintiff dues not introduce into his statement of claim, originally or by way of amendment, the allegations necessary by tvay of reply to the defence, set out concisely in convenient paragraphs the material facts relied upon in reply. ) Delivered the day of 189— by X.Y. of — — — ■, solicitor for plaintiff. 545. Reply to Defence and Counterclaim— General Form. Where Plaintiff does not introduce into his Statement of Claim, originally or by Amendment, the Allega- tions necessary by way of Reply to the Defence. \Title as in Defence and Counterclaim {if any).\ Reply and Defence to Counterclaim. {Set out the material facts relied on by way of reply. A joinder of issue on the defence or Paragraphs thereof may be added.) Delivered the — day of 189— by X.Y. of , solicitor for plaintiff. 546. Statement of Claim. Action for an Account. {Formal Parts.) I. From the year 18— until recently the plaintiff employed the defendant as his agent for the collection of rents. It! c ;i;: *" ..V.H 440 PLEADINGS. 2. The defendant, as such agent, received large sums of money for the plaintiff, for which he refuses to account. 3. The defendant wrongfully detained, and still detains, from the plaintiff the plaintiff's books of account, papers and writings. The plaintiff therefore claims : 1. An account of all sums received by the defendant as agent of the plaintiff. 2. Payment of the amount found due to the plaintiff on the taking of such account. 3. A return of said books, papers and writings. 4. Damages for the retention of said books, papers and writings. 5. The costs of this action. 6. Such further or other relief as the nature of the case may re(]uire. The plaintiff proposes «! r"*""*. 44H I'LKAIMNl'.S. manner that the theft could not be detected from their exterior aitpearance. They were in this state dehvered hy the defendant at the said (Irand 'I'runk Railway freight shed, and were there shipped to the consignees. 5. Hy reason of the conversion by the defendant of the said goods and his default in carrying the same the plaintiffs have lost the value of the said goods. They are also liable to repay the consignees the freight and charges incident to the shipment of the ca'-i-'-.. The plaintiffs therefore claim : (') $i)555> the value of the said goods. (2) Or alternately the said sum for damages for the said conversion. (3) $15, the amount of the said freight and charges. (4) The costs of this action. (5) Such further or other relief as the nature of the case may require. i'he plaintiffs propose that this action be tried at . 1 )elivered «!v:c. 557. Statement of Defence. To ///f Forci^oiHg. Action against Carrier. {Forma/ Parts. ) 1. i'he defendant says that he is a carter and not a common carrier, and that he only carries the goods of ' 's employers when, where or as it is in each case specially agreed by him. 2. The defendant as such carter and not as a common carrier, at the plaintiff's request, received three cases of goods to be conveyed to the Grand Trunk Railway freight shed for ship- ment, one case to Messrs. A.B. & Co., and two to Messrs. CD. 'S: Co., at Sarnia, and the defendant used due diligence and care safely and securely to carry the said goods to the said freight sheds. 3. The defendant was not informed and does not know that the said cases contained furs when delivered to him, and also denies that the said cases were unpacked, and that their contents were stolen while they were in the defendant's custody, as is alleged. PLEADINGS 440 4. The defendant does not admit that the said poods were the plaintiff's, and the defendant denies that he converted them, as is alleged. 5. The defendant says that if, when the said cases were delivered by him at the said Grand Trunk Railway freight shed, the said goods were feloniously stolen, as in the statement of claim alleged, ih .7 were so stolen without the defendant's knowledge or consent, and without any negligence or want of care of the defend- ant or his servants, and that he never, ex|)ressly or impliedly, agreed or undertook to be liable in case the said goods were feloniously stolen without his default. Delivered &c. 558. Statement of Claim. Action by Shipowner against Cliartcrer for Detention beyond the Demurrage Days, {Formal Parts.) I. The plaintiff has suffered damage by breach of a charter- party dated the day of 189—, made between the plaintiff and the defendant, of the ship "Alice." 2. The ship was detained at the port of loading for 10 days beyond the demurrage days allowed by the terms of the said charter-party. The plaintiff therefore claims (S:c. 559. On the Statement of Claim. Conversion of Goods. {Formal Parts.) day of 189— the defendant wrongfully deprived the plaintiff of one express delivery waggon belonging to the plaintiff by refusing to give it up on demand. The plaintiff therefore claims &c. c I 45° 560. PI.EADINl'.S. Statement ot Claim. Ac/ion Jhf Iii/n'ngeiiuiii of Copytig/if. 1. 'I'lie plaintiff is an historical writer, and the defendant is a bookseller and publisher carrying on business at - - . 2. On the day of - 189 — the plaintiff was the proprietor of a subsisting copyright in a book entitled " ^.'' 3. On or about the same date one K F. pruned for sale several thousand copies of the said book. 4. 'J"he said \\.V . in printing the said copies acted without the consent ui writing or otherwise of the plaintiff, and contrary to the statu e in that behalf made and provided. 5. The defendant, well knowing the premises and that the said E. F. acted unlawfully in printing the said copies of the said book, sold and offered for sale many copies o'i the same. 6. In consequence of the matters hereinbefore stated the plaintiff 's profits in his said copyright have been much diminished. The plaintiff therefore claims \:c. The plaintiff propo.ses that this action be tried at . Delivered (S:c. I: 661 Statement of Claim /// Action for Infringement of Copyrig/if. (Fuller Form.) {Form til Parts.) 1. 'I'he plaintiffs are a firm of music publishers whose head office and chief place of business is in the City of . 'I'he defendant is a music dealer whose place of business is at Street in the City of . 2. The said plaintiffs are the owners of the cojnright for Creat Britain and British Colonies and Possessions in the song and musical composition called" .' 'i'he said song was first published in Fondon, England, on the day of i8g— , and was duly entered in the IJook of Registry of Copyrights IM.EADIXC.S. 43" and Assii^nments at the Hall of the Stationers' Company, London, England, on the day of 189— as No. , and a certificate of such entry was duly issued, dated the day of 1S9 . liy such copyright the plaintiffs actjuired the sole and exclusive right and liberty of printing, multiplying, pulilishing, selling and exposing for sale the said song, and all other rights in connection with the production thereof, for (rity of the plaintiffs and against their rights under their said copyright. The said copies of the said song so sold by the defendant as afore- said were not printed or published by the plaintiffs, but were i)rinted and published and produced by parties other th:ui the [jlaintiffs, in breach ot the plaintiffs' rights under their copyright, and the i — Ij .•-is »,_ -.....^••■.ll 452 PLEADINGS. I ■ ■"'■- « copies of the said song so sold and exposed and in the defendant's possession for sale were printed, published and produced wholly without the plaintiffs' authority, but through the utilizing of a genuine copy of the s^id song published by or with the authority of the plaintiffs, by some process of copying therefrom so as to produce the same words and music as is contained in the said genuine song and musical composition. 6. The defendant's acts aforesaid in so selling and exposing for sale the said copyrighted song have been and are the cause of very great damage to the plaintiffs, in that among other things the sale by the plaintiffs ot the genuine song printed and published by the plaintiffs has been and is largely decreased, and the plaintiffs have suffered a large loss in the loss of the profits which they would have made by the demand for and sale of the said genuine song and musical composition. 7. The plaintilTs caused notice to be given to the defendant prior to the issue of the writ herein warning him of the plaintiffs' rights and against such infringement, but the defendant notwith- standing, knowing the same to have been unlawfully printed, con- tinued to sell large numbers of the said unauthorized song, and is now doing so. 8. The defendant was well aware of the plaintiffs' rights under their said copyright, and that his said acts were unlawful and an infringement of such rights. He will continue to infringe the same by selling and exposing the said pirated copies for sale un- less restrained by the injuiiction of this Honoural)le Court. 9. The nature of the said musical composition and the public demand for the same are such that although the said composition has acquired a great popularity and sale yet such sale continues only for a limited period of time, and a large proportion of the plaintiffs" trade therein was at and about the commencement of this action and is at the present time, and is not likely to continue for any considerable part of the life of the said copyright, but on the contrary only for a very short period thereof, and the commercial value of such copyright lies chielly in having the exclusive right to trade therein at the present time, and owing to these circumstances and the further fact that the defendant has not sufficient means to answer the plaintiffs' damages or costs, if they should recover any in this action, the damage to the plaintiffs is A-.'. •■ PI-EADINGS. 453 of an irreparable character and only adequately stopped by the order and injunction of this Honourable Court. The plaintiffs therefore claim : 1. An injunction restraining the defendant, his servants, workmen and agents from selling, exposing or offering for sale either as a part or as a whole the said musical composition, song or work, or in any way disposing of the same, and from in any manner infringing :he plaintiffs' rights under their said copyright. 2. An account of the sales of the said song and a full account of all the defendant's dealings in the said infringements. 3. $ damages for infringement of the plaintiffs' copyright. 4. An order that the defendant deliver up all copies of the said infringing song that may be in the defendant's possession or under his control. 5. The costs of this action. 6. Such further or other relief as the Court may deem fit. The plaintiffs propose that this action shall be tried at the City of in the County of— . Delivered this — day of 189— by X. Y. of the City of in the County of , solicitor for the plaintiffs. 1..^. v... !»**<. 1"- y . •** — :> : li'-fc ■*■"• ; ,«•■-■-'''« I..: m^ — ,k: 454 PLEADINGS. 562. Statement of Claim /iy Creditor Clai)niiig to Rank on Insolvent Estate. Ix THE High Court ok Justice. Writ issued the day of 189—. Between A.B., Plaintiff, and CD., Assignee of IvF Statement ok Claim. Defendant. I. On the day of 189 — the said E.l'. agreed in writing with the plaintiff to furnish to the plaintiff all the elm staves, the output of the said E. F.'s mills at for the season of 1S9— , not to be less than 800,000, and the plaintiff thereupon paid to the said E. K. the sum of $1,000 on account of the said contract. 2. The said E. F. has not delivered the said staves or any of them. 3. On the day of 189 — the said E F. made an assignment for the benefit of his creditors to the said CD. 4. The plaintiff duly filed his claim with the said assignee, which is as follows : {set forth copy of claim.) 5. On the day of 189- the assignee served the plaintiff with a notice of contestation of the said claim. 'I"he plaintiff therefore claims : (i.) A declaration that he is entitled to rank upon the estate of the said E.F. for $ , the amount of his said claim. (2.) To be paid his costs of this action. (3.) Such further or other relief as the nature of the case may retjuire. The plaintiff proposes &c. I'LliAUIM.s. 455 563. Statement of Claim. Easement. Ohstntclio)i of Lig/its. {Formal Parts. 1. The plaintiff is the owner and occupant of a dwelling house being Number on Street in the City of . 2. Prior to the 5th day of March 1S80 the plaintiff accjuired a prescriptive right to the access and use of the following lights to and for his said dwelling house : {Describe the /ii:;/its fi/l/y thus : The drawing-room window on the east side of the house, or as the ease may de.) 3. The defendant is erecting a l)uilding which will, if con- tinued, materially diminish the light coming through the said windows. 4. The plaintiff claims an injunction to restrain the defendant, his contractors, servants and workmen, from continuing the erection of the said building so as to obstruct or diminish the access of light to the said windows or any of them. Delivered iS:c. Xot'\ -As to para\:;raph 2 see The Real Property Limitation Act R..S. O. {1897) Chap, /jj, See. s^"^. 564. Statement of Defence To the Fitrciidiiii;: Easement. Obstnietion of Lights. [Formal Parts.) 1. The defendant denies that the plaintift has ac([uired any prescriptive right to the lights claimed !)y him in the statement of claim. 2. The defendant further says that the defendant's building will not materially interfere with the plaintiff's lights. 1 i, IJj» — •"ics:: 456 565. PLEADINGS. Statement of Claim. False Iniprisonment. I. On the {Formal Parts. ) day of ■ 189— the defendant maliciously and without reasonable or probable cause arrested the plaintiff and caused him to be detained in the Police Station in the Towi, of for five hours, when he was discharged by an order ot a magistrate. The plaintiff therefore claims &c. 566. Statement of Claim In Ac/ton to Set aside Fraudulent Judgment and Convcyaiice, In the Hkjh Court ok Justice. Writ issued the day of 189 — . Between A.B., Plaintiff, and CD. and E.F., Defendants. Statement ok Claim. in 1. The plaintiff is a merchant carrying on business in the County of , and brings this action on behalf of himself and all other creditors of the defendant E. F. 2. The defendant E.F. was at the date next hereinafter mentioned indebted to the plaintiff in the sum of $ for goods sold and delivered by the plaintiff to the said defendant : which said indebtedness still remains wholly unpaid and un^atls^led, and the plaintiff holds no security in respect thereof 3. On and prior to the day of 189 — the defeiv iant E.F., who then carried on business as a merchant in . was in insolvent circumstances and unable to pay his debt? in full, and the defendant CD. was then well aware of the insolvent condition of the .said E.F. and of his inability to pay his said debts. 4. Prior to the said date the defendants entered into the fraudu 1-.^ PLEADINGS. 457 lent scheme and conspiracy of placing the assets of the defendant E. F. out of the reach of his creditors, for the purpose of defeating, defrauding and delaying said creditors, the said scheme being that the defendant CD. should enter an action in the High Court of Justice against his co-defendant in this action E.F. for an alleged indebtedness of $- , and with the consent of the said E.F. obtain judgment at once thereon, and issue execution upon the ■said judgment, and under said execution sell the assets of the defendant E.F. other than the lands hereinafter mentioned, and receive the proceeds of such sale, and that the defendant E. F. should also convey to his said co-defendant C.I), the lands and premises hereinafter mentioned for the expressed consideration of $ . 5. In pursuance of the said fraudulent scheme and conspiracy the defendant CD. commenced an action against his said co- defendant E.F'. in the said High Court of Justice on the day of 189 — , and on the day of 189 — obtained judgment in the said action against his said co-defendant for the sum of $ for debt and $ for costs, and execution against the goods of the defendant E.F. v.-as on the said day of — 189— issued upon the said judgment and placed in the hands of the Sheriff of the County of . 6. The said Sheriff, under the said execution, has sold the goods and chattels of the defendant E. F. and realized from such sale the full amount of said judgment debt. 7. The plaintiff alleges, and the fact was and is, that the said judgment is fraudulent and collusive, and thit the defendant E.F. was not at the time of the eommenccinent of the said action, or at the time of obtaining the said judgment, indebted to his said co-defendant. 8. In furtiier pur*\iance of the said fraudulent scheme and co 1- spiracy, the defei\dant C. D. by deed bearing date the day of 189— and executed on or about the date thereof con- veyed to his said co-defendant the following landt' and premises then owned by the defendant F>.F., namely : {di'scribe /atu/s.) 9. The plaintiff alleges, and the fact was and is, that no con- sideration was paid by the said CD. or received by the said E.F. for said conveyance, but the same was executed as aforesaid for the purpose of defeating, defrauding and delaying the creditors of the defendant IvF. "-•-J! 45^ im.i:aimni;s. lo. At tliu time of and [)rior to the transactions aforesaid the defendant E.I', was and he siill is indel)ted to creditors other than the plaintiff in large amounts. The [)laintiff therefore claims : 1. That the said judgment and tlie said conveyance may lie declared null and void as against the plaintifl and the other creditors of the defendant i'l.l'. 2. That the defendant C. I ) may be ordered to account in respect of any moneys which he may have received under the said execution. 3. That the said lands may be sold under the direction of this Honourable Court, and that the proceeds, after payment of the costs of this action, may be api)lied in payment of the claims of the creditors of the defendant E. F. 4. That the defendants may be ordered to pay the costs of this action and that the plaintiff may have such further or other relief as may be deemed proper. 5. That the defendant CD., his servants and agents, may be restrained by the injunction of this Court from taking or receiving the proceeds of the sale by the said Sheriff, or any part thereof 'I'lu- plaintiff proposes that thi.s action shall be tried at •. l>elivered the day of 189 - by ■ of the of in the Counvy of , solicitors for the plaintifl. 1:^ 567. Statement of Defence To the Foregoing St(ttcmcHt of Chtiui. Actioi to Set Aside FrnuiiHlent Jiiiigineiit diui ('onveynnee. ( Formal Pa rts. ) h! A 1 KMICN r 01 i)i;il.NCl'. OK I UK 1 )KI KN' DAM CD. 1. The defendant E.F. being justly and truly indebted to this defendant in the sum of $ , this defendant caused an action to be instituted in this Honourable Court for the recovery of the IM.BADIMIS. 4.V' said amount, and such proceedings were thereupon had that this defendant recovered against the said defendant H. !•". judgment and execution for the amount so justly due and his costs of the said action. 2. 'This defendant says that he i)urchaseil the lands and [jreiiiises in the statement of claim mentioned from the defendant I'".. 1'". for and in consideration of the sum of $ , which he duly paid, and that he obtained a conveyance from the defendant E.K. of the said lands, and this defendant says that he was and is a /'r'//(/ //,/(■ purchaser for valuable consideration of the said lands. 3. This defendant says that before the plaintiff commenced this action, the said lands had been conveyed to this defendant, and tlie conveyance thereof had been duly registered in the Registry Otitice for the County of , and the consideration therefor had been paid, without notice or knowledge of the plaintiff's claim, and this defendant claims the benefit of the Registry Acts in force in this Trovince. 4. This defendant denies the allegations 01 fraud and con spiracy in the plaintiff's statement of claim set forth. 5. Prior to the commencement of this action, or before notice thereof was given to or received by this defendant or the Sheriff of the County of , in whose hands were lodged the writs of execution issued on the judgment recovered by this defendant, the said Sheriff under and by virtue of the said writs sold goods and chattels of the defendant \\. V. to the amount of $ , and received the amount, and paid a portion thereof to this defendant, and this defendant says that under these circumstances the plaintiffs remedy, if any he ever had, in respect to the said goods and chattels, (which this defendant denies), no longer exists, and this defendant submits that the plaintiff has by his delay and acquiescence precluded himself from now calling in (pie.stion the said judgment of this defendant. Delivered the day of 189 by of the of in the (bounty of , solicitor for the defendant C. 1 ). — ^' #» ■. . ♦ '•it '"*'"• 460 668. PLEADINGS. Statement of Defence To the Foregoing Statement of C^liuni. Actioti to Set Aside Fraudulent Judgment aud Conveyance. (Formal Parts. ) Statement ok Defence of the Defendant E.F. 1. This defendant says that he was justly and truly indebted to the defendant CD. in the sum of $ , and that the said defend- ant C. D. caused an action to he instituted in this Honourable Court against him for the recovery of the said amount, and such pro- ceedings were thereupon had that the defendant C. D. recovered against this defendant judgment and execution for the amount so justly due and his costs of the said action. 2. This defendant says that he sold the lands and premises in the statement of claim mentioned to the defendant C. D. for and in consideration of the sum of $ , which said sum was paid by the defendant C. D. to him, and thereupon a conveyance was made by this defendant to the defendant C.I), of the said lands, the said defendant C.I), being a bona fide purchaser for valuable consideration of the said lands. 3. This defendant denies the allegations of fraud and conspir- acy in the plaintiff's statement of claim set forth. Delivered this day of 189 — by of the of in the County of , solicitor for the defend- ant E.F. S».. -'cr.- I! ••Si:: 569. Statement of Claim. Fraudulent Representation that Credit might be Given to Third Perso>i. (Formal Parts.) 1. The defendant by a letter bearing date the - — 189 — signed by the defendant fraudulently represented to the plaintiff that T.W. then held a responsible situation, and was day of I'l.EAniNGS. 461 then in good circumstances, and might be trusted safely with goods on credit. 2. The said T.W. did not then hold a responsii)le situation, and was not then in good circumstances, and could not then he safely trusted with goods on credit, as the defendant then well knew. 3. The defendant, as he intended, did, by so representing, in- duce the plaintiff to sell and deliver to the said T.W. goods, namely : {describe them, ) on credit. 4. In conseciuence of the said fraudulent representations the plaintiff lost the price of the said goods, amounting to the sum of $ , and incurred expense amounting to $ in endeavour- ing to recover the same. The plaintiff therefore claims Ike. 570. Statement of Defence In Action for Frandtilctit M isreprcsentation . {Formal Parts.) 1. The defendant never made any of the representations alleged in the statement of claim. 2. No one of the said alleged representations, if made, was false in fact ; no one of them was false to the knowledge of the defendant ; no one of them was made fraudulently or recklessly or without caring whether the same was true or false. 3. The plaintiff was not induced by any of the alleged repre- sentations to buy the business and goodwill of the defendant's shop. The plaintiff ascertained for himself the value and extent of the business done at the defendant's shop and the class of customers who dealt there. The plaintiff himself examined the books and visited the said shop before he agreed to piu-chase the same, and he made the said purchase in reliance upon his own judgment and as the result of his own incjuiries and investigations, and not upon any statement or representation made by the defendant. 4. The plaintiff has not suffered the damage alleged or any damage by reason of any act or default of the defendant. 5. The defendant says that the damage claimed is too remote. Delivered <.\:c. ^^>o. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 14^ 1^ |2JB 1^ I4£ li^ |M Kfi I.I as. 11^ lllll^ m 1.25 |J-4 |l-6 — 6" — ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MS80 (716) 872-4503 •oJl <•»• •w >• 4§3 571. PI.EA»IN(;s. Statement of Defence Srttinff up Statute of Frauds. ( Formal Parts. ) I. The defendant says that th re is no memorandum in writing sufficient to satisfy the Statute of I'rauds of the agreement alleged in the plaintifl 's statement of claim to have been made between the plaintiff and the defendant. 572. Statement of Claim hi Action on a I'olicvof /j'/c .\ssurancc ( Formal Parts. ) 1. The plaintiff .X.l). is the widow, and the plaintiffs V>. I ). and C. n. are the only children and heirs at law of the late R.i)., deceased. .And the plaintiff IC.F. is the executor and sole le;ial personal representative of the said R.D. 2. The said R.I), died on or about the day of 189 -, having first duly made and published his last will and testament duly executed in manner recjuirod l)y law in this Province, bearing date on or about the - — day of iSy— , whereby he appointed the plaintiff K.l". executor thereof. 3. The said R.I), died without having altered or revoked his said will, and the said K.F. duly proved the same and obtained probate thereof. 4. The defendants are a cor[)oration carrying on business in the Province of Ontario and having their head office in . The business carried on by the said defendants is that of life assurance, and they are empowered to carry on such business by the following statutes of the Parliament of the Dominion of Canada, namely: {name them.) 5. Hy a contract or policy of assurance in writing, made and issued under the corporate seal of the defendants and duly signed and countersigned by the proper officers thereof, and bearing date on or about the — - — day of iSy— , the defendants did, I'LEAOIXllS. A'\> in consideration of the payineiU of the sum of $ - and ( t she annual |)a)incnt of a like sum to l)e made on or before the day of in each and every year thereafter, promise :<) ;'ay to the said R.D. (sf/ out terms of paymcfit.) 6. I'he said R.D. duly paid the said sum of $ to tlio defendants, and the defendants delivered to the said R.D. ihe >.i d policy of assurance. 7. The said policy of assurance was in full force and efilct at the time of the death of the said R.D. S. On or ahout the day of - — 189 the plaiiuiffs furnished the defendants with due and sufficient notice and proof of death of the said R.D., and the defendants have never ohjectcd to such proof, and all things have happened and all times have elapsed necessary to entitle the said plaintiffs to the tulfilinent of the said contract and payment of the said sum of $ — , but the said defendants have not carried out the said contrai't or jiaid the said sum of $ , or any part thereof, and the said defendants are indel)ted to the plaintiffs in the said sum of .f with interest thereon. 9. By the said will the said R.D. directed the said \\.\' . t«> collect the amount of the said jjolicy, and from and out of the same and other moneys to be l)y him collected to pay {as thi la.w may he. ) 10. The defendants have neglected and refused and still neglect and refuse to pay the said sum of $ or any ; art thereof. I'he plaintiffs therefore claim : 1. Payment of the said sum of $ and int>:rL.-t thereon from the day of i8t; , and the costs of this action. 2. Such further or other relief as the nature of tlie case may require. The plaintiffs i)ropo.se iVc. Delivered vVc. 464 PLEADINGS. 573. statement of Defence and Counterclaim To the Foregoing Statement of Claim. Action on a Policy of Life Assurance. {Fortnal Parts.) I. The defendants admit the and — paragraphs of the statement of claim, and the defendants also admit that the plaintiffs furnished them with due and sufificient notice and proof of the death of the said R.I). 2. The defendants say that the contract or policy of assurance mentioned in the paragraph of the statement of claim was made under the following circumstances, namely: The said R.I). by application in writing dated the day of 189— and signed by himself proposed to the defendants, at their place of business at , to effect the said insurance on his iife. 3. The said application and proposal for insurance contained the following questions and answers : "Question— Has any appli- cation ever been made to any company or society for assurance on your life, on which a policy or certificate was not issued ? if so, give name, when, and if possible, why?" To which the said R.I), answered " No." "(J[uestion— Has any physician given an unfavor- al)le opinion of your life?" To which the said R.D. answered "No." ( Here state defenee. ) 4. The misstatements and suppression of facts as aforesaid, and the irregular habits and impaired state of health of the said R.D. were material to the risks undertaken by the defendants, and were material to be known to the defendants upon the negotiation for the said policy, and by reason of such misstatements and suppression of facts the said policy was and is and should be declared null and void. 5. By way of counterclaim the defendants repeat the foregoing allegations and claim that the said policy may be declared to be void and may be delivered up to be cancelled. Delivered &c. IM.liAPINl'.S. 4^5 574. Statement of Claim /// Action agtihtst A'i'v(//>rr for f.ibel. [Foniuil Piiris.) 1. 'I'hc plaintiff is a residinj^ iti the ("ity of — - in the County of , and tlie defendants are the publishers of the • Daily Times. 2. On the day of 1S9 - the defendants falsely and maliciously wrote, printed and published in the said news- paper of and concerning the plaintiff, and of and concerning the plaintiff in the way of his l)usiness as a — — , the words following, that is to say ; {/irrc .o»a fide comment on a matter of public interest, namely, the said |)ublic meeting, and were published by the defendants houa Jidc for the benefit of the jjublic and without any malice towards the plaintiff. 7. The said words without the said alleged meanings and according to their natural and ordinary meaning are true in sub- stance and ill fact. 576. Statement of Defence Setting up Statute of Limitations. I. The plaintiff's claim is barred by the Statute of Limitations (21 Jac. I. c. 16) {or in action for the rciovcry of land by The Real Property Limitation Act.) 577. Statement of Claim In Action for Malicious Arrest In the Hic.H Court ok Justice. Writ issued the day of 189--. Between A.H., Plaintiff, and CD., Defendant. Statkment ok Claim. 1. The plaintiff is a contractor and lives in the City of Detroit in the United States of America. The defendant is a farmer and resides in the Township of in the County of in the Province of Ontario. 2. On or about the day of 189 — the defendant falsely and maliciously and without reasonable or probable cause made an affidavit in an action then depending in the County Court of the County of , wherein the above-named plaintiff was n.KAIIINf.S. 467 defendant, to the effect that the plaintiff herein was indebted to the defendant in the sum of $ - upon a (XTtain promissory note made by the plaintiff and one K.K., bearing date the day of 189 — for $ in favor of the defendant, and that the plaintiff in or ai)out the spring of 189 — absconded from this Province and went to the United States of America with intent to defraud his creditors generally and the defendant in particular, and for the jjurpose of defeating his creditors in the collection of their claims against him and of preventing the defendant in particular from recovering the amount due to him from the plaintiff, and that he, the defendant, verily believed that unless the plaintiff (who had returned to Ontario for a temporary ])urppse) were forthwith apprehended, he would again quit this Province with a view to defeating and defrauding his creditors and the defendant in re- covering the claims owing by the plaintiff, and up«)n such false alifidavit the defendant procured from the Judge of the said County Court an order for Mie arrest and imprisonment of the plaintiff until he should have given bail. J,. In the making of the said affidavit and in the ai)plication for said order for arrest the defendant imposed upon the said Judge and deceived him by false statements and suppression of the truth, and the defendant concealed from the said Judge facts and circumstances well known to the defendant, and the defendant neglected to make and abstained from making reasonable enquiries in regaril to many tacts and circumstances which he could have readily ascertained, and which would have shown that the plaintiff was not guilty of the charges made against him by the defendant : and the defendant so acted fraudulently and maliciously with the object of wrongfully obtaining said order for arrest and procuring the arrest and imprisonment of the plaintiff, and he did thereby and by such Hilse statements wrongfully obtain said order for arrest and procure said arrest and imprisoimient without any reasonable or probable cause for so iloing. 4. The plaintiff was arrested under said order by a sheriff's officer and constable, acting under the direction of the defendant, on or about the day of 189 - at the Town of , and was taken as a piisoner in custody by the said officer in the day-time through the various public streets of the said town on foot, and was conveyed by railway to the Town of in the County of and there imprisoned in the common gaol •C5::: 468 PLEADINC.S. until he gave hail. The said Judge of the (,'oiiiity Court sul)scquently made an order, confirmed on ap|)eal by this Court, directing the uncontlitional release of the plaintiff. 5. In conseiiuenee of the saiil false affidavit, and of the said acts and conduct of the defendant, and of the said arrest and imprison- ment, the plaintiff has suffered great i)ain of body and mind, as well as annoyance and disgraces and loss of time, and loss of credit and rei)utation. 6. In further consecpience of said acts, conduct, arrest and imprisonment, the plaintiff was put to great trouble, expense and costs in and about defending himself and bringing to the know- ledge of the said Judge the true facts and circumstances, and in procuring his discharge from custody, and in travelling to and from and to and from his family in Detroit, and in loss of time and employment, and in being discharged by hisemployer on account of his detention and in seeking other employment, and the plaintiff by reason of the publicity of .said false cha-ges and said arrest and imprisonment suffered injury in his staniling and reputation. 'I'he plaintiff therefore claims : 1. $ damages and the costs of this action. 2. Such further or other relief as the nature of the case may require. The plaintiff proposes that this action shall be tried at . Delivered the day of ■ (89 by of the Town of in the County of , solicitors for the plaintiff. iM,i:.\ni\t.s. 469 578. Statement of Defence \rf 1(111 for Mil In ions Arrcs/. ( h'ornial Piirfs. ) 1. The dcfL'iidant denies the allegations eontained in the 2nd and 3rd paragraphs of the i)laintiff 's statement of • laim. 2. The defendant does not admit the allegations contained in the -ith, 5th and 6th paragra|)hs of the said statement of claim. },. The defendant says that lie hail reasonable and probable cause for believing, and did believe, that the plaintiff absconded from this i'rovince in or about the month of 189 with intent to defeat and defraud his creditors in general and this defendant, who was and is a creditor of the plaintiff, in particular. 4. The defenilant in the proceedings complained of pursued what he verily believed to be his remedy under the Statute in that behalf, and was not in any way actuated by malice or other impro|)er motive. Delivered this -day of i8y-- by of the Town of in the County of , solicitor for the defendant. 579. Statement of Claim /n Action for Afnlicions Prosccnh'on. ( Formal Parts. ) 1. The plaintiff was in the service of the defendant as cook and had been in his service in that capacity for years at the time of the grievances hereinafter mentioned. 2. On the day of i8y— the defendant, missing a twenty dollar note which belonged to him, charged the plaintiff with having stolen it. The plaintiff at once denied the said charge. 3. Thereupon the defendant falsely and maliciously and with- out any reasonable or probable cause appeared before a Justice 470 PLKAniNGK. of the Peace and charged the plaintifl witli having feloniously stolen the saitl note, and upon such charge procured the said Justice to ^rant his warrant for apprehending the plaintiff and hruig- ing her i)efore the f'aid Justice, to he dealt with acconling to law, and under and hy virtue of the said warrant caused the plaintiff to be arrested and to he imprisoned for days and then to he brought it) custody before the said Justice on the day of ■ 189 . 4. On the said day of i8y— the defendant pro- cured the said Justice to ren\and the plaintiff to prison and caused the plaintiff to be imprisoned until the day of iSy - and to be then again brought in custody before the said Justice. 5. Upon the said day of 189 — the said Justice having heard the said charge dismissed the same and discharged the plaintiff out of custody, thereby the said prosecution was determined. 6. The plaintiff by reason of the above conduct of the defend- ant has been injured in her character, and has been put to an expense of $ in obtaining her release from the said imprison- ment. 'I'he plaintiff therefore claims iVc. 680. Statement of Claim /// Action by a Scnuint for Wroufrfnl Dismissal. (Formal Parts.) 1. The plaintiff was engaged by the defendants on the day of 189 - as a clerk in the defendants' bank at a salary of $ a year and upon the terms that he should receive three months' notice of dismissal or three months' salary in lieu of notice. 2. On the day of 189— the defendants dis- missed the plaintiff without any notice or salary in lieu of notice. The plaintiff therefore claims i\:c. I'LEAOINCS. 47 « 581. Statement of Claim /// Acfion to nccliirc n Deed ',vhii/i is Ahsotiitc in Fonu to hv a Mortf^ofre, and fur lifdcrnp/ii>n, {^Formal Part a.) 1. I'or several years prior to and at the date of the indenture of bargain and sale next hereinafter mentioned the plaintiff was seised in fee simple of I^ot Number One in the First Concession of the Township of in the County of . 2. Shortly before the date of the said indenture the plaintiff ap|)lied to the said defendant to advance to him the sum of $ on the security of the said land, and the said defendant agreed to advance the said sum of $ , and it was agreed be- tween the plaintiff and the defencant that the plaintiff should con' vey the said land to the defendant as security for the repayment of the said sum of $ with interest thereon at the rate of six per centum per annmn. 3. In pursuance of the said agreement the said defendant on the day of 1S9 - paid to the plaintiff the said sum of$ , and the plaintiff thereupon by indenture dated and executed on the said last-mentioned date conveyed the said land to the said defendant absolutely in fc simple. 4. Although the said itidenture was absolute in form it was expressly understood and agreed between the plaintiff and the defendant that it should stand only as security for the repayment of the said sum of $ and interest thereon from the date of the said indenture and that upon such repayment the said defendant should re- .nvey the said land to the plaintiff free from all incumbrances. 5. The plaintiff has since the date of the said indenture con- tinuously been and now is in possession and actual occupation of the said land, and he has dealt with and used the same m all respects as absolute owner thereof. 6. The plaintiff has paid divers sums of money to the said defendant on account of the said sum of $ and interest, and there is now due in respect thereof to the said defendant the sum of $ or thereabouts. 7. The said defendant professes and pretends that the said m Cj:; 47-2 I'l.EADINl.S. — — i •"••is indenture- was not intended merely as security, and he claims or pretends to claim an absolute title to the said land thereunder. S. 'I'he plaintiff before action brought duly tendered to the defendant the sum of $ -, being the balance due to the defendant in respect of the said loan and interest thereon, and at the same time duly tendered to the defemlant for execution a reconveypnce of the said land, but the defemlant refused to accept the said money or to execute the said reconveyance. The plaintiff therefore claims : (i.) That it may be declared that the indenture here- inbefore mentioned, though absolute in form, was intended by way of security only for the repayment of the sum of $- and interest thereon, and that the plaintiff is entitled to redeem the said land on payment of the amount due in respect of the said sum and interest. (2.) That the said defendant may be ordered to reconvey the said land, free and clear of all encum- brances created by him, and to deliver up all deeds and writings in his custody or power relating thereto to the plaintiff, or to whom he may appoint. (3. ) The costs of this action. {.\.) Such further or other relief as may be just. The plaintiff proposes ^:c. IM.KAPINt.S. 473 682. Statement of Claim /// Act inn loulcr The Muir'jpal /)riiinajn' Act fur /hmni/rcs for .\(>n-ri'pair. In riiK )fn;H Coi'rt oi Jt'sricF.. Writ issued the clay of- — i8y— . Hotweeii A. 15., I'laintilT, and The Corporation ot the Townshij) ot , Defendants. Si Al KMl.N r OI ("l \IM. 1. I'he plaintiff is a farnier and is the owner of I.oi Niiinher ■ in the Concession of the I'ownship of in the County of . 2. In or about the year i8 - under the laws then in force respecting drainage and local assessments therefor the defend- ants constructed a drain in the said I'ownship of known as the Drain, and assessed the plaintiff's said land for part of the cost of the same, and it thereu[)on became and was the duly 01 the defendants to maintain the said drain and keep it in repair and efficient for the purposes for which it was constructed. 3. Notwithstanding their duty in respect of the said - - — — Drain and in breach of the same, the defendants neglected and omitted to maintain and keep in repair the said drain and allowed the same to be greatly filled and grown up with vegetation until the same became in the year iS— almost wholly unfit for the pur- poses for which it was constructed and incapable of carrying away the waters it was designed to carry away. 4. \\y reason of the said neglect and breach of duty on the part of the defendants the .said^ Drain at divers times and seasons in the year 18— being unable to carry the waters brought to it by the upper portion of the same became overcharged, and the said waters rose in the said drain and flowed upon the [)laintiff 's lands and flooded his lands and crops, thereby damaging and destroy- ing the same. 5. Hy reason of the said neglect and breach of duty of the c:i::: 474 PLEADINGS. defendants th» plaintiff suffered the following damages and losses in the year i8— , that is to say : (//ere set forth thf particulars.') The plaintiff therefore claims : 1 . $ damages. 2. The costs of this action. 3. Such further or other relief as the nature of the case may retiuire. The plaintiff proposes that this action shall be tried ,at the — of in the County of ■ ■. Delivered this day of 189 — by X.Y. of Number Street in the of , solicitor for the plaintifl. 683. Statement of Defence To the Foregoinir. Action under The .yFnnicipal Drainage Act for Damages for Non-repair. {Fortnal Parts.) I. The defendants say that if the plaintiff sustained any dam- age (which the defendants deny,) such damage was caused by his own want of care and improper husbandry, or by extraordinary rainfalls and floods which the defendants could not be expected and were not bound to provide against, or by causes other than the defendants' neglect to maintain the said drain. Delivered iVc. PLEADIMIS. 475 684. Statement of Claim. Action againsf Municipal Corporation. — Defective Higtiivny. — Action bv Parent and Child, In the High Court ok Jistick. Writ issued the day of 189—. Between Henrietta Smith, an infant under the age of 21 years l)y Victoria Smith her next friend, and the said Victoria Smith, I'laintiffs, and The Corporation of the City of , Defendants. Statkmknt ok Claim. of I. The plaintiff Victoria Smith is a widow residing in the City in the County of ■, and the plaintiff Henrietta Smith is her daughter, and the defendants arc a municipal cor- poration. 2. On the day of November 189— at dusk about six o'clock in the evening the plaintiff Henrietta Smith, while going in a westerly direction along the sidewalk on the south side of Street about midway between ■ and Streets in the said City of , was caught by her foot in a hole in the side- walk, and being thrown violently forward struck her knee in an- other hole in said sidewalk, and the llesh on her leg at and near the knee joint was severely torn and lacerated, by reason of which injuries she was confined to bed for several weeks, and when she was able to be out of bed she was lame, and she is still lame from the effects of said injuries. 3. The said holes were caused by rotting of the boards of the said sidewalk, and in and near the hole in which the said plaintifl struck her knee there were several rusty iron spikes protruding above the surface of the said sidewalk which caused the wounds or part of the wounds received by her as aforesaid. 4. By reason of the condition of the said sidewalk and the 3aid holes and defects therein and the iron spikes projecting above the surface thereof the said street was out of repair and unsafe for travel. 476 PLEADINGS. I* is 5. Street aforesaid is a public street in the said City of — within the territorial limits and under the jurisdiction of the defendants. (). The said injuries were caused by the negligence and breach of duty of the defendants in allowing the said street to be and remain out of repnir. 7. At the time the said injuries were sustained the plaintiff Henrietta Smith was fourteen years of age and resided and she still resides with her mother the plaintiff Victoria Smith. 8. Prior to the happening of the said accident the said Henrietta Smith was able to perform and did perform valuable services of various kinds for her said mother and was of great assistance to her in the management of her household. 9. By reason of the said negligence of the defendants and the injuries sustained by the said Henrietta Smith as aforesaid, the plaintiff A'ictoria Smith lost the servic-es of her said daughter, and was put to much trouble and loss of time in nursing and caring for her, and has incurred great expense in procuring medicines and medical attendance, and has suffered great anxiety of mind and apprehension lest her said daughter should become permanently lame. The plaintiffs therefore claim : 1. $ damages. 2. 'I'he costs of the action. 3. Such further or other relief as may be deemed right. The plaintiffs propose that this action shall be tried at . Delivered the day of i8y— by .\.V. of the City of — in the County of- — , solicitor for the above named plaintiffs. I'LIiADlNClS, 477 585. Statement of Defence To till' Foregoing. Ac/ion ugiiiiisi Municipal Co f pom t ion. Defective llighieny. {Formal Parts. ) I. 'rhcdcfeiidaiils say that no notice in writing of the accident alleged in the plaintiffs statement of claim to have happened, and the cause thereof, was served upon or mailed through the I'ost Office to the Mayor or other head of the defendants or to the Clerk of the Municipality, as recjuired by the Statute in that behalf, and the defendants rely upon the said Statute as a bar to this action. Delivered &c. Xote. —See Municipal Act K.S.O. Jiigj, cliap. jj^, sec. 606. 586. Statement of Claim /;/ .Action for Penninfr Back Water on Plaintiffs hind. (Formal Part.w) 1. The plaintiff was at the times hereinafter mentioned and still is the owner of a parcel of land described as follows : (t/cscric/c tlie land and position of stream flo-a«f), and spoilt the crops growing thereon, and the plaintiff was dei)rived of the use of the said land, and was put to an expense of $ in removing the waters therefrom, and the said land was and is nuirh diminished in value. {If an injunction is claimed state facts in support thereof. ) 'i"he plaintiff therefore claims tVc. Delivered &c. 587. Statement of Claim Iri Actii)n for Polluting WiitcrsFlowingthroitgh Plaintiff s iMnU. {Formal Parts, ) 1. The plaintiff at the times hereafter mentioned was and still is possessed of certain pasture land situate {describe locality. ) 2. The plaintiff then was and still is entitled to have the use of the water of a stream {or watercourse) which flowed through his said land, for his cattle to drink and for other purposes (.fA?/*- Tt'//^//), without the same being polluted and disturbed as hereinafter mentioned. 3. The defendant at various times between {state dates if prac- ticable) poiliited and disturbed the water of the said stream {or watercourse) by throwing and causing to flow into the same noxious substances and fluids, so that the .said water became foul and noxious and unfit for the plaintiff's cattle to drink and for the other purposes above mentioned. 4. Hy reason of the matters above complained of, the cows of the plaintiff which were watered in and from the said stream (£>r water- course) became sick and disordered, and the plaintiff was compelled to drive his said cows elsewhere to procure fresh water, and by reason of the said acts of the defendant the plaintiff has been put to seriousloss and damage and hissaid land has been lessened in value. {If an injunction is claimed stale facts in support thereof.) The plaintifT therefore claims &c. 688. IM.KAniNOS. 479 Statement of Claim /// Action for Dissolution of Partnership. [Formal Parts.) I. The plaintiff and the defendant are and have been since the day of 189 — partners in the trade or business of under articles of partnership dated vvc. and made between iS:c. {or under a verbal agreement made <.V'»'.,) which partnership was to continue for - years {or for an indefinite time). 2. Since the month of 189 — or thereal)outs until the present time the said C.I), has greatly misconducted himself in the said business by removing the books of the partnership from the ofirtce of the firm, and denying the plaintiff or debarring him from access thereto, by discharging the clerks or servants of the said firm and engaging others in his own interest in their stead, and by making false entries in the said books or improperly keep- ing the same. 3. The said defendant has also used the name of the firm for his own private purposes, and has applied the moneys of the part- nership to his own individual use. 4. There is nothing in the said articles or agreement of partner- ship to justify such conduct on the part of the defendant. 5. The plaintiff has made frecjuent applications to the said defendant to desist from such conduct and to act in accordance with the said agreement and with his duty as a partner, but with- out effect. 6. The plaintiff on the day of 189 — gave notice to the said defendant that the said partnershi[) would i)e dissolved from the day of 189 — . The plaintiff therefore claims : 1. That the said partnership may be dissolved, and that the accounts of the said business may be taken from the commencement thereof, and the affairs thereof wound up and adjusted. 2. The costs of this action. 3. Such further or other relief as the nature of the case may recjuire. The plaintiff projjoses ivc. ***** «t; .•»••• 480 589. PLEADINGS. Statement of Claim /// Action for Infringement of Patent and Account. ( Fornuil Parts. ) 1. IJefore and at the time of the making of the letters patent next hereinafter mentioned the plaintiffs had discovered and were the sole, true and first inventors of the im{)rov ments in machin- ery for the manufacture of in such '.tters patent men- tioned ; and no other person before or at such time made, used, exercised or vended the said improvements or invention. 2. By letters patent issued pursuant to The I'atent .\ct of the Dominion of Canada and bearing date the day of 189— and numliered , Her Majesty granted to the plaintiffs the exclusive right, privilege and liberty in and for the Dominion of Canada of making, constructing and selling to others to be used a certain invention of improvements in machinery for the manu- facture of called and known as " -" and described in the said letters patent as follows ; {here recite the description^) and the said letters patent are now in full force and effect in the said Dominion of Canada. 3. The said invention was and is novel, useful and valuable ; and from the day of the date of the said letters pa tCMt ^'.:f plaintiffs have applied the said invention with great success, . •::>-j Statvmcnl of Claim. Action Ajni-dinst A'tii/nuiv (.'omfidtiy,- Escape of Fire. {Fonnat Parts.) I. The defendant company say they are not guilty. Hv Statute of DiMii i u i o n o f i.';m.nia ami \' ill ori a, c\\ .1 p I i- r , 189— by — of the -, solicitors for the defendant Delivered this day of ■ City of- ■ in the County of — company. Xote.—See Rule jSj as to the plea of Xot Guilty by Statute. 593. Statement of Claim /// Action for Personal Injuries from a Raihvay Accident. {Formal Parts. ) I. The plaintiff is a residing at 2. The defendants are carriers of passengers upon a railway from to for reward. 3. On the day of 189 - the plaintiff was received by the defendants as a passenger, to be by them safely and securely carried upon their raihvay from to for such reward as aforesaid. 4. The defendants did not safely and securely carry the plaintiff from to , but so negligently and unskilfully conducted themselves in carrying the plaintiff on the journey aforesaid, and in managing the said railway and carriage train in which the plaintiff was then being carried by the defendants, that the said carriage train came into violent collision with an ••"IK. 486 Pt.EAniNC.S. engine at , and the car in which the plaintiff was then l»eing carried was wrecked and shattered. 5. The plaintiff was tlicrel)y thrown forward with ^reat violence, and was struck on the head, and his legs were jammed between the dehris of the said car, and his spine and brain were injured, and his whole nervous system received a severe shock. 6. 'l"he plaintiff has in conscfjuence suffered great pain and is permanently injured, and has been put to great expense {or has incurred liability) for medical attendance, nursing and otherwise, and for hotel and lodging accommodation, and extra food and nourishment, and will be put to further like expenses in endeavor- ing to cure himself of his said injuries, and has been and is still prevented from pursuing his occupation, and has lost and will lose the salary which he otherwise would have earned. The plaintiff therefore claims <\:c. 594. statement of Claim /// Action against a Railway Company for Lost fittffgoffi'- {Formal Parts.) The plaintiff on the day of -189 - was received by the defendants as a passenger for the purpose of being carried with his trunk by train on the defendants' railway from Toronto to London, for reward to the defendants. 2. The defendants thereupon received and took charge of the said trunk, which contained the plaintiffs samples, and placed it in their baggage car at Toronto in the train in which the plaintiff was about to travel, for the purpose of its being carried to London. 3. The defendants did not carry the said trunk to London, nor did they deliver it to the plaintiff on his arrival there, or within a reasonable time thereafter, or at all. 4. The defendants have either lost or retained the said trunk, whereby the plaintiff has been and still is deprived of the same and its contents, and has suffered great inconvenience and has incurred expense in endeavoring to recover possession thereof. The plaintiff therefore claims $ damages c:: /£ m ;c)o rr.EAniNr.s. arrenr or unpaid on said lands or any [lait thereof for tlie year iScjj or any other year, or tliat the said lands were liable to he sold or were to he sold for taxes, or that the said lands were advertised to he sold, or that the said 12 acres were sold and conveyed as afore said. 8. Ii •h of th |S(;2 <(;3, 1S94 anil uS(;5 the assessor of the Municipality of the 'I"ownshi[) of wrongfully omitted to assess the said lands against the f)wner and occupant thereof, a;id neglected to enter the names of the owner and occupant thereof on the assessment rolls, and wrongfully assessed the said lands as non-resident and unoccupied, and wrongfully omitted and neglected to give notice of the assessment of the said lands to the plaintiff, as recjuired hy law. 9. In each of the said years 1X92, i^ij^]. iS(;| and 1895 the c(jlleitor of the Municipality of the Township of wrongfully neglected and omitted to make a sufficient or any demand for the payment of the taxes due in said years, and neglected to give a sufficient or any notice of the amount of such taxes, and the said collector in each of said years wrongfully neglected and omitted to transmit by post to the [)laintiff a sufficient or any statement anci demand of the taxes charged against him in the roll, as rccpiired by law. 10. During each of the years 1892, 1893, 1894 and 1895 there was sufficient distress and there were distrainable goods and chattels on the said lands sufficient to satisfy the taxes for which the said sale was made and the costs of levying the same, and the said collector wrongfully omitted and neglected 10 distrain the same, and made a wrongful and false entry in his roll that there M'as no proi)erty on said lands out of which the taxes or any part thereof could be made, and made a wrongful and false statement under oath that there were not sufticienl goods or chattels on the said lands belonging to or in possession of any occupant thereof whereon he could levy the said taxes or any part thereof. 11. The said collector wrongfully neglected and omitted to deliver to the Treasurer or to the Clerk of the Municipality of the Township of any sufficient account of the ta.xes remaining due on the roll for the year 1892 or for any of the years 1893, 1894 or 1895. 12. The Clerk of the said Municipality wrongfully neglected and omitted to mail a notice to the plaintiff or in any way to notity 1:^ I'l.KADIM.S. 50 » him that any taxes oti said lands wltl' in arrcar or unpaid for the year 1S92 or for any other year. !_?. The Treasurer of the said I'owtisliip of — in each of the years 1.S92, 1S93, 1894 and 1S95 wrongfully neglected and omitted to furnish the Treasurer of the County of with any proper or sufficient or any statement of unpaid taxes ilirected in the roll of the collector of said I'ownship to he collected, as recpiired by law. 14. The Treasurer of the said County of wrongfully neglected and omitteil to furnish to the Clerk of tlie Township of — on or before the ist day of i'ebruary in the years iSt^j, 1893, 1S94 and 1895, a suft"i<-ient or any list of lands liable to be sold for arrears of taxes in the year 1895 or any of said years, as reciuired by law. 15. The Clerk of the said Municipality of the Township of wrongfully neglected to keep on file in his office the list of lands liable to be sold for arrears of taxes in the year 1895 or to deliver to the assessor of said Township for the year 1895 a copy of such list. 16. The assessor of the Municipality of the 'I'ownshij) of for the year 1895 wrongfully neglected and omitted to ascertain if any of the lands contained in the list of lands liable to be sold for arrears of taxes in the year 1895 including the lands above described were occupied, or to notify the occupants thereof and the plaintiff or any one of them, upon their respective assessment notices or otherwise, that the said lands were liable to be sold for arrears of taxes, and the said assessor wrongfully entered in the said list that the said lands were not occupied. 1 7. The said assessor wrongfully neglected and omitted to sign the said list of lands liable to be sold for arrears of taxes in the year 1895, ''^"d to return said list to the Clerk of the said Township, and to attach to said list and to sign and verify a certificate that he had performed his duties, as refjuired l)y law. 18. The Clerk of the said Municipality of the Township of in the year 1895 wTongtully neglected and omitted ".o furnish to the Treasurer of the said County of a copy of the list of lands liable to be sold for taxes in the year 1895 certified to by him under the seal of the Corporation, as required by law. — -J! *♦- ;o; Pl.KAm\C'..S. 19. The said Clerk wrongfully neglected and omitted to examine the assessment roll of the said '{"(nvnship for the year 1895 and to ascertain whether said lands were entered on said roll as then occupied, and to furnish the 'I'reasurer of the County of wiih a p'-oper list of lands which appeared on the said roll as having hec'ome occupied, as recjuired by law. 20. TIic 'I'reasurer of the said County of wrongfully neglected and omitted in the year 1S95 to return to the Clerk of the said Township an account of the arrears of taxes due in respect of said lands, as required by law. 21. The Clerk of the said 'i'ownshipin making out tiie collector's roll of the year 1895 wrongfully neglected and omitted to a■ of ict 'I'hc plaintiff therefore claims :— (i). An injuiiction restraining the defendant from selling or otherwise d!S|)osing of or in any way dealing with the said lands or the timber thereon. (2). A declaration that the said tax deed dated the — day of 1.S9 — is null and void and that the same be ordered to he delivered up to be cancelled. (3). The costs of this acticm. (4). Such further or othiT relief as the nature of the case may retjuire. The plaintilT projK)ses that this action shall be tried at . Delivered iS:c. 615 Statement of Claim 1)1 Actiiiii to remove Fon^cd /)fti/ from Title c/.v a Cloud /hereon. (FoniKil Pdrt':.) I. I!y Letters Patent bearing date the day of iSg Mer .\rajesty granted unto the plaintiff in fee simple Lot Xuniber " in the Concession of the Township of in the County of :;. The plaintiff has ever since the said grant c(.ntinued to be and now is seised in fee sim[)le of the said land, and has never made any conveyance thereof, or esecuted any instrument in any way affec'ting his title thereto. :;. .Sometime in or about the month of -- — 1.S9 the defendant forged a certain pa[.er writing, purporting to be.ir date the day of 189 - and to be an indenture made between the [.lainti ff of the one part and the defendant of the other part, and pur[)orting to be a conveyance in fee simple of the said land by the plaintiff to the defendant. 4. The said defendant caused the said forged instrument to be registered in the Registry Office for the County of ~— , and the same now appears in the books of registry of the said Registry Offiie, and is a cloud u[)()n the plnintiff 's title to the said land. 5. The said defendant is now a prisoner in the i'rovincial IT'* fu<:S I* 504 PLEADINGS. Penitentiary at Kingston under sentence of imprisonment passed upon his conviction of another forgery. The plaintiff therefore claims : (i.) That the said instrument may be declared to be a forgery and to be a cloud upon the title of the plaintifl to the said lands. (2.) That the said instrument may be ordered to be delivered up to be cancelled, and that the registration thereof may be ordered to be vacated. (3.) The costs of this action. (4.) Such further or other relief as may seem meet. The plaintiff proposes &c. 616. Stateme.it of Claim, Infringement of Trade Mark. Action on Behalf of Unincorporated Association. In the High Court of Justicf. W Writ issued the day of 189- Hetween W.T. and J. P., on behalf of themselves and all other members of the Cigar Makers' Cooperative Union, Plaintiffs, and C. & Company, Defendants. Statement of Claim. I. The Cigar Makers' Co-operative Union is a voluntary unin- corporated association of practical cigar makers residing in the City of and other places. 'I'he said Union was formed and is continued for the purposes among others of maintaining a high standard of quality and workmanship in the manufacture of cigars, and of increasing the demand for the labour of the mem- bers of the said Union. The plaintiffs W.T. and J. P. are members of the said Union, and this action is brought by the F'LEADINOS. 505 plaintifrs on behalf of themselves and all other nieml)ers of the said Union. 2. The defendants are manufacturers and vendors of cigars and reside and carry on business in the City of ■ in the Province of Ontario. 3. The plaintiffs are the owners and proprietors of a certain trade symbol or mark consistuig of a label with the following words upon it : {here set forth the words verbatim). 4. The said label was devised and adopted and thenceforth was and now is used by the members of the said Union as their trade mark, symbol and label, for the purpose of designating and dis- tinguishing the cigars made by members of the said Union, and continuously since the ado[)tion of the said label the public and cigar manufacturers and dealers have acquiesced in the exclu.sive right of user thereof l)y the said members and in their property in the same. 5. The .said trade mark was registered in accordance with The Trade Mark and Design Act in the Trade Ma/. Register for Canada No. — folio on the day of A. D. 18 — , and a certificate thereof under the said statute was duly issued to the plaintiffs. For greater particularity the plaintiffs will refer to the said certificate at the trial hereof. 6. The said trade mark was not in use by any [)erson or persons other than the plaintiffs at the time of their adoption thereof, and the plaintiffs have duly complied with all the requirements of the law respecting trade marks, and the said trade mark and the registration and certificate thereof are valid and subsisting and in full force and effect and were so at the time of the acts of the defendants herein complained of. 7. The plaintiffs have the exclusive right to use the said trade mark, and have since their ado[)tion and the registration tliereof as aforesaid exclusively used the same in their trade, business, occupation and calling for the purpose of distinguishing and designating cigars manufactured and produced by them, and the said cigars have acquired a very valuable and extensive reputation for excellence in ijuality and workmanship. 8. The said trade mark is of great value to the plaintiffs and is recognized by the trade and public as an indication and assurance that the cigars marked therewith are of superior quality and — u 506 PLEADINGS. workmanship and made l)y the members of the said Union, and the cigai's so made and marked command a higher price in the market and are in greater demand than cigars sold by the defendants and not so made. 9. The defendants have lately been and now are using and issuing to the trade and public fraudulent imitations of the said trade mark ar.d selling the same and cigars bearing upon them, and upon the packages containing them, fraudulent imitations of the said trade mark, falsely {)urporting to be issued by the plain- tiffs, and the said cigars falsely purporting to l)e made by the plaintifis, against the will of the plaintifts and illegally and without the plaintiffs' permission and in contravention of the plaintiffs' rights under the said trade mark, the said fraudulent imitations imitating the plaintiffs' trade mark so closely as to be calculated to deceive the trade and public and lead them to believe that the said imitation label is the trade mark o( the plaintiffs and that the cigars sold l)y the defendants are made l)y the plaintiffs, and by such acts the defendants have caused and are causing the plaintiffs great and irreparable injury and loss and are depriving them of the advantages of manufacture and sale of their own cigars distin- guished and designated by the said trade mark, and are moreover by the sale of inferior cigars marked with the said fraudulent imitation seriously injuring the reputation of the plaintiffs' manu- factures in the market and decreasing the manufacture and sale thereof and the demand for the plaintiffs' labour. 10. The said defendants have manufactured or procured to be manufactured and procured to be supplied to them large (|uanti- ties of fraudulent imitation labels for the purpose of, and have been and are attaching the same to cigars made by them with the intention oi', deceiving the public and the cigar trade, and have been and are dis[)osing of their said cigars and said fraudulent imitation labels by representing that the said labels are the labels of the plaintiffs so protected to the plaintiffs by their trade mark as aforesaid and by representing that their cigars are made by the plaintiffs, which said representations are wholly false. 11. The said defendants threaten and intend to and will con- tinue the said acts complained of, and will procure, use, sell and attach to cigars made and sold l)y them the said fraudulent imitation labels in contravention of the plaintiffs' rights under their PI.EADINC.S. 507 said trade mark unless restrained from so doing l)y the order and injunction of this Honoural)le Court. The plaintiffs therefore claim : I. That the defendants, their servants, workmen, employees and agents he restrained from directly or indirectly making, employing, using, disposmg of, exposing or offering for sale or selling alone or together with cigars or attached to or fastened upon the same or on boxes or packages thereof any label, symbol, design or mark, being an imitation, counterfeit or copy or fraudulent or colourable imitation of the plaintiffs' said trade label, mark or symbol, and from in any way infringing the plaintiffs' rights thereunder. 2. That the defendants may be ordered to deliver up to the plaintiffs for destruction all such fraudulent imita- tion labels. 3. Damages for infringing the plaintiffs' rights. 4. The costs of this action. 5. Such further or other relief as may be deemed meet. The plaintiffs propose that this action shall be tried at . Delivered the day of 189- by of the Citv of in the County of -, solicitors tor the plaintiffs. 508 617. PLEADINGS. Statement of Claim In Action for Tn'spass to Goods and Conversion. ( Formal Parts. ) 1. The plaintiff is a lumberman residing in the Township of if the County of . The defendant is the bailiff of tiic l)i\Msion Court in the County of . 2. On the day of 189— the defendant wrong- fully seized and carried away goods of the plaintiff, to wit, seven horses and three setts of double harness, and deprived the plaintiff of the use and possession of the same, and sold the said goods and chattels, and converted the proceeds thereof to his own use, and thereby caused great loss and damage to the plaintiff. The plaintiff therefore claims : — (i). $ damages. (2). The costs of this action. (3). Such further or other relief as the nature of the case may require. The plaintiff proposes that this action shall l)e tried at . Delivered iS:c. 618. Statement of Claim /// Action hy Warehouseman for Storage of Goods. {Formal Parts.) The plaintiff is a warehouseman at -. From the day of ■- 189 — to the day of 189 — the plaintiff as such warehouseman kept, took care of and warehoused certain goods for the defendant at his request at $ per month. 3. Before and at the commencement of this action the sum of $ was due from and payable by the defendant to the plaintiff in respect of the matters aforesaid, full particulars of which have been delivered by the plaintiff to the defendant {or are as follows: set out particulars.) 4. The said sum is still due and unpaid. The plaintiff therefore claims (S:c. o^^ I'l.KADlNC.S. >OC) 619. Statement of Claim In Action to Stay Waste {Formal Parts.) 1. The plaintiff was prior to the acts hereinafter complained of and has i)een continually since and now is seised in fee simple {or as the case may be) of Lot Number ivc., under and by virtue of an indenture )e 626. Praecipe for Appearance. Petition of Ni^li/. (/\'ii/i- (jj6.) In thk Mich Coukt ni Justice. A. H., Suppliant, vs. 'I"he (^ucen. C I), appears in person, or K.l'"., solicitor lor C.I)., appears for him. {If thf appearance is in person, the adtiress of the party appear- in}; is to he i^iven.) Entered the day of 189 -. cd nt. be 627. Praecipe to Amend. {Court and Style of Cause.) Amend in pursuance of order dated the day of 189- the writ of summons (or the statement of claim or as may he) in this action by {set out amendments rei/uired). 1 )ated the day of 189 -. X.Y. Solicitor for the plaintiff, {or as may he.) if«-^« ,i6 PR/ECIPES. 628. Praecipe for Cheque {Rule 416.) In the Court ok Appeal or In the High Court of Justice. {Style of Cause.) Required a cheque for $ with $ interest thereon from to {being for a period^ if any ^ for which interest is payable under the order or Judgment, but 7a hie h has not already been taken into account and computed), payable to . Dated the day of 189—. Liber- -. A.B. Folio ■. Order -. Plaintiff's solicitor, {or as the case may be. ) 629. Praecipe for Commission To Examine Witnesses. {Rule ^gg.) { Court and Style of Cause. ) Required in pursuance of order Yor Master's certificate] dated day of 189— a commission to examine witnesses the^ — directed to — Dated the day of 189 — . X.Y. Solicitor for the PR.KCIPES. 5'7 630. Praecipe for Direction to the Bank. {Rule 407.) In the Court of Appeal or In the Hic.h Court ok Justice. {Style of Cause.) Required a direction from the Bank to receive from under order dated the day of 189- {or as $— the case may be. ) {Date.) {Folio.) A.B. Solicitor for defendant {or as the case may be. ) 631. Praecipe for Writ of Fieri Facias. {Rule S66.) {Court and .Style of Cause.) Required a writ of feri facias directed to the Sheriff of • to levy against CD. the sum of $ debt and interest thereon at the rate of per centum per annum from the day of 189- and $ costs and mterest thereon at the rate of per centum per annum from the day of 189-. Judgment [or order] dated the day of 189-. Taxing Master's certificate dated the — day of — 189—. Dated the day of 189—. X.Y. Solicitor for the [/>ctrty oti lohos • behalf writ is to issue\. 1S5 Si8 PR.KCIPES. 632. PraBcipe for Writ of Habeas Corpus ad Testificandum. {Court and Style of Cause.) Required in pursuance of order dated the — day of 189 — a writ of habeas corpus ad testificandum directed to • to bring before . Dated the day of 189—. X.Y. Solicitor for the 633. Praecipe to Renew Writ of Summons. {Rule 132.) ( Court and Style of Cause. ) Required in pursuance of order dated the — — day of — 189 — a renewed writ of summons in this action. Dated the — day of 189 . X.Y. Solicitor for the plaintifl. PR.ICCIHES. 519 634. Praecipe for Search. {Court and Style of Cause.) Required a search for . Dated the day of 189—. X.Y. Solicitor for 635. PrsBcipe to Set Down For Argument. {Court ami Style of Cause.) Set down for argument the . Dated the day of 189—. X.Y. Solicitor for 636. Praecipe to Enter Action for Trial. {Rules 538, S4-^.) {Court and Style of Cause.) Enter {or set down) this action for trial at the sittings of the High Court {or Assizes) at , commencing on the day of^ 189—- Dated the day of 189—. X.Y. Solicitor for . Ibis 520 637. PR.KCIPES. Praecipe to Set down Special Case. {Court and Style of Cause.) Set down for argument the special case filed in this action on the — — day of 189— {or set down the dated the day of 189 — of Mr. the referee in this for hearing as a special case). Dated the day of 189—. X.Y. Solicitor for . 638. Praecipe to Set down Appeal. {Rule 800.) {Court and Style of Cause.) Set down this appeal from the order {or judgment) of in this action dated the day of 189- . Dated the — day of—— — 189—. X.Y. Solicitor for 639. Praecipe for Writ of Venditioni Exponas. {Rule 866.) (Court and Style of Cause.) Required a writ of venditioni exponas directed to the Sheriff of to sell the goods and chattels {or lands and tenements) of CD., taken under a writ o{ fieri facias in this action tested the day of 189—. Dated the day of 189—. X.Y. Solicitor for 1^ PR/ECIPES. 521 640. Praecipe for Writ of Attachment. {Rule 866.) {Court and Style of Cause.) Required in pursuance of order dated the — day of 189— an attachment directed to the Sheriff of for not delivering to A.B. Dated the day of i8q— . X.Y. SoHcitor for against CD. fof )of the 641. Praecipe for Writ of Delivery Of Chattels. [Rule S66.) [Court atid Style of Cause.) Required a writ of delivery directed to the Sheriff of — make delivery to A. B. of -• Dated the ■ day of iSq-- X.Y. Solicitor for the to ri: >2a 642. PR.^iCIPES. Praecipe for Writ of Possession Of iMvds. (Rule S66.) (Court and Style of Cause. ) Re(]uired a writ of possession directed to the Sheriff of to deliver possession to A. B. of — . Judgment dated the day of IcSq— . Dated the day of 189—. X.V. Solicitor for the - Wi- S; i 643. Praecipe for Writ of Sequestration. {Rule 866.) {Court and Style of Cause.) Required a writ of sequestration against C. U. for not at the suit of A.H., directed to the Sheriff of . Order dated the — day of ^ — 189 -. Dated the day of 189—. X.Y. Solicitor for the — 644. REASONS. Reasons for Appeal. In the Court of Ai'peal kor Ontario. Between A.B., (Respondent) Plaintif!", and CD., (Appellant) Defendant. Reasons for Appeal. The appellant submits that the judgment appealed from is wrong and should be reversed for the following among other reasons : {Set forth in mimbercd paragraphs the points of la7c> intended to be argued with the authorities relied on.) Dated the day of 189—. X.V. Solicitor or of counsel for appellant. 646. Reasons Ag-ainst Appeal. In the Court ok Appeal for Ontario. Between A.B., (Respondent) Plaintiff, and CD., (Appellant) Defendant. Reasons Against Appeal. The respondent submits that the judgment of the learned trial judge is right and should be sustained for the following among other reasons : {Set forth in numbered paragraphs the points of law intended to be argued 7vith the authorities relied on. ) Dated at this day of 1 89-. Solicitor V;;- of counsel for respondent. RECOGNIZANCES. 646. In Recogrnizance on Motion to Set Aside Municipal Election. R.S.O. i8gy, chap. 32 j, sec. 220, s.s. {>). THE High Court of Justice {or In the County Court OK THE County ov .) The Queen upon the relation of A.IJ. against CD. Province of Ontario. \ County of — . y To wit : ) Be it remembered that on the — — day of in the year of our Lord one thousand eight hundred and ninety before me -, Master in Chambers {or Judge of the County Court or Commissioner for taking affidavits or bail in Her the above of , and of Majesty's High Court of Justice) come A.B. of named relator and E. F. of and G.H. acknowledge theraselves severally and respectively to owe to our Sovereign Lady the Queen as follows, that is to say, the said A.B. the sum of two hundred dollars, and the said E.F. and G.H. the sum of one hundred dollars each, upon condition that if the said A.B. do prosecute with effect the motion in the nature of a quo warranto notice of which is to be served on an order or fiat to be made at the instance and upon the relation of the said A.B. against the said CD. for an order declaring that he the said CD. hath not been duly elected to the office of {here state the office claimed) s.nd removing the said CD. therefrom and {where so claimed by the rehitor) declaring that he the said relator {or the party or parties entitled) was duly elected and should be admitted to the said office; and if the said A.B. do pay to the said CD. any costs which may be adjudged to him against the said A.B. then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged the day and year first above mentioned before me. {Signature of Master in Chambers, Judge or Commissioner.) RECOGNIZANCES. .->-.■> AFFin.wiT OF Justification of Sureties Named in Foregoing Reeognizance. In the High Court of Justice {Or In the County Court of the County of .) The Queen upon the relation of A.B. against CI). I, E.F., of &c., one of the sureties in the recognizance hereto annexed, make oath and say as follows : I. I am a freeholder {or householder, as tlie case may be) residing at &c. , . , j i, 2 I am worth property to the amount of one hundred dollars over "and above what will pay all my just debts (///^r»7 /« ««v other action, add : and every other sum for which I am now bail). -> I am not bail in any other action or proceeding. {If so, except for X.Y. at the suit of L.M. in the High Court of Justice, or as tlie case may I>e, in the sum of &c., setting oat all cases tti which the deponent is bail). 4. And I, G.H., also one of the sureties in the recogniaance hereto annexed, make oath and say as follows : 5. I am a freeholder ^:c. {proceed as above.) Sworn by the above named ' deponents H F. and G. H. severally before me at the ot ■ this day R. F. G. H. of 189- A Commissioner &c. N' If 526 647. RECOGNIZANCES. Recognizance on Application to Quash By-Law. R.S.O. iScjy, chap, jjj, sec. j'^S. In thk Hic'.h Court ok Justice. In the Mattkr of By-law Number of the of — — — in the County of . Between A. B., Applicant, and The Cor[)oration of the Township of , Respondents. Province 01 Oniario. | County of . To Wit : J Be it remembered that on the day of in the year of our Lord one thousand eight hundred and ninety • before me, , Judge of the County Court of the said County of , come A. B., of the Township of in the said County, (ociufiatiofi,) and CD., of the same place, {occupation,) and J.H., of the same place, {occupation,) and acknowledge themselves severally and respectively to owe to our Sovereign Lady the Queen as follows, that is to say, the said A. B. the sum of Fifty Dollars, and the said CD. and J.H. the sum of l'"ifty Dollars each, upon condition that if the said A. B. do prosecute with effect the motion to quash By-law Number of the said Township of — , proceedings to that end being now instituted at the instance of the said A. B. against the said Municipal Corporation of the Township of ; and if the said A.B. do pay to the said Municipal Corporation of the Township of any costs which may be adjudged to them against the said A. B., then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged \ the day and year first ( ab )ve mentioned before j me. J Judge of of KKi oi;ni/.\ni i;s. Affidavit of [ustificaiion ok StuF/riES Namiii in Forcsfoini; Rcco^ni^jdiicc. 5-7 In ihf: Hic.h Court of Justice. In the Maitkk of By-Law Niiml)er — — of the Townsliip of in the County of . Hetween A.H., Applicant, and The Corporation of the Township of — , Respondents. I, C.I), of the — of in the County of — , {occupation,) one of the sureties in the recognizance hereto annexed, make oath and say : 1. I am a resident inhabitant of Ontario residing at , and am a householder {or freeholder) in . 2. I am worth and own property to the amount of Fifty Dollars over and above what will pay all my debts and any other sum for which I am now liable or for which I am bail or surety. 3. I am not bail or surety in any other action or proceeding {if so except for (i. H. in an action in the High Court of Justice in which E.P\ is plaintiff and Ci.H. isdefendant in the sum of $ , or as the case mav i>e, specifying the several causes or matters, the Court in luhich each is ami the sums in which the deponent is hail or surety). 4. And I, J. H. of the of- — in the County of , {occupation,) make oath and say as follows (/« similar terms as the case may re(/uiri may be made. ) Sworn by the said C.I), and J.H. before me at the City of — in the County of this 189 -. day of or separate afjidavits C.I). i.H. A Commissioner iS:c. ft: 528 648. KiaOGNI/ANCKS. Recogrnizance on Application for Certiorari 7)' R I' move Conviction. In rnK Hion CoiRi ok Jiisricic. 'i'lie (^)iiu(.'ii against C.I). Provinck ok 'i ,. •. I J .1 . .u ^ lie It renieml)L'rcd that on the \ day of 189— in the County of . f r *i • »• / • year ol the rcign ot our / Sovereign Lady X'ictoria, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, personally came before me, X.\'., one of Her Majesty's Justices of the Peace in and for the ~ of , C.IJ. {name of defendant) of the of in the County of , (addition), and K.F. {name of bondsman) '^^ thr of — — - in the County of , {addition) n(' kiiowkiii; d themselves to owe to our Sovereign Lad\ ccn the surr- of One Hundred Dollars of lawful money ol .lada, to he h d upon their goods anfl chattels, lands anu tcnemf .ts, to Her Majesty's use, upon condition that if the aforesaic <'.D. {natne of defendant ) shall prosecute with effect, without any wilful or affected delay, at his own pro[)cr costs and charges, a Writ of Certiorari issued out of the High (!ourt of Justice for Ontario to remove into the said Court all and singular the records of what- soever tresi)asses and contempts against the form of the Statute made and passed in the year of reign, intituled " ," whereof the aforesaid CD. was convicted before L. M., Esijuire, Police Magistrate {o>- one of Her Majesty's Justices of the Peace) in and for the — of , and shall pay to the person or persons in whose favour the conviction may be affirmed all his or their full costs and charges, to be taxed according to the / KECDl.MZANcES. 5^9 roiirsc of the said Court ; then this rccngni/ancc to l)c void, otherwise to he and remain in full forre and virtue. Taken and aeknowledj^ed the day and year aliove mentioned at aforesaid, before me. Witness ; J-1'- AlUDAVn Ol Jl'SIIIICAI l()\ ol SlIKEIY Naniaf in Forc^oin^- A'ccoj^n/satur. In thk Hk.h Court ok Jisiick. The (^ueen against C.I). I, K. V. of the of in the County of , (addition,) make oath and say : 1. That I am the surety i)ro)iosed and named for the defendant in the recognizance in this matter hereunto annexed. 2. That I am a freeholder {or householder) residing at — — — (street a tui numl>cr if iti city) in the County of aforesaid. 3. That I am wortli property to the amount of One Hundred Dollars over and above what will pay all the amount of my debts and every other sum for which I am now liable or for which I am bail or surety. 4. That I am not bail or surety for any plaintiff or defendant except in this matter {or except in a certain action in the High Court of Justice in which R.S. is plaintiff and W.T. is defendant, in which I am surety to the extent of Dollars). 5. That my said property to the amount of the said sum of One Hundred Dollars consists of i)i the of in the of the value of about Dollars. Sworn before me at the | of — in the : County of this - day of icSc;— . E.F A Commissioner &c. •"•"to. I I 530 649. RECOONI/ANCES. Recog-nizance of Bail /n Criminal Proceedings. Province ok On i ario. County of . City of . To Wit ; I Be it remembered that on the day of ■ in the year of our Lord I one thousand eight hundred and ninety- > — i .B., of the of in the County of , {occupation,) and CD. of i!v:c. and \\.V . ofvvc. {prisoner and iii'o sureties) personally came and appeared before us, the undersigned r,.M. and R.S., l'yS(|uires, two of Her Majesty's Justices of the Peace in and fur the said City {or as tlie case may he,) and severally acknow- ledged themselves tc owe to our .Sovereign 1-ady the (^ueen, her heirs and successors, the several sums following, that is to say: the said t\.V>. the sum of dollars and ihe said C.D. and 1<>. F. the sum of dollars each, of good and lawful current money of Canada, to be made and levied of their several goods and chattels, lands and tenements respectiveh to the use of our saitl Lady the ()ueen, her heirs and successors, if he the said A.B. fails in the condition hereunder written. Taken and acknowledged the day and year first above mentioned at the said City of before us. ! L.M. R.S. I Justices of the I'eace. Condition. The condition of the above written recognizance is such that •whereas the said A.B. was indicted by the Crand Jury at the ■Criminal Assizes for that he did [liere set out tlie offence c/iarj^red:) Therefore, if the said A.B. appears at the next Court of Oyer and 'i'erminer or Court of (^Hiarter Sessions of die Peace to be holden in and for the said City of and County of , and there surrenders hini,self into the custody of the l\eei)erof the Common Kail there, and pleads to such indictments as may be found against him by the drand Jury for and in respect to the RECOf.NI/.\Nl.'n:S. 531 charge aforesaid, and takes his trial upon the same, and does not depart the said Court without leave, then the said recognizance to be void, otherwise to stand in full force and virtue. NoricK TO Dkkkxdant an'd Suretiks. \ Provincf. oi- On'I'ARIO County of . City of . Take notice that you A. H. are bound in the penal sum of To Wit : dollars, and your sureties CD. and ;-E.F. in the sum of dollars each, that yf)u the said A.i>. appear at the next Court of Oyer and Terminer or Court of Quarter Sessions of the Peace, to be holden in and for the said City of and County of -, and not depart the said Court without leave. And unless you the said A. P.. personally appear and take your trial accordingly, the amount mentioned in the rei'ognizance entered into l)y you A. P.. and your sureties CD. and E.l'". shall be forthwith levied on you and th.em. Dated at the City of this day of — one thousand eight hundred and ninety- «::::d I-' 650. RENUNCIATIONS. Renunciation of Probate Or of Administratiou ivit/i Will Annexed. In the Surrogate Colkt ok the Couniv ok In the Estate of A.B., Deceased. Whereas A.B., late of the of — in the County of , {addition,) deceased, died on or about the day of — 189 -, intesta'.e, and had at the time of his death a fixed place of abode in the said of ; And whereas the said A.B. made and duly executed his last will and testament bearing date the day of 189— and appointed me CD. of the of in the County of , {addition,) one of the executors thereof, as I am informed and believe : Now I the said CD. do hereby expressly renounce all my rii^ht and title to the probate and execution of the said will (and codicil, if any,) of the said deceased. In witness whereof I have hereunto set my hand and seal this - — — day of 189 — . Signed, sealed and de- livered by the said CD. in the presence ot CD. [SEAL.l •a AKKiDAvrr OK Execution ok Re\unc:iatk)n. In the Surroi-.ate Court ok the County ok In the Estate of A.H., Deceased. I, -, o*" the of in the County of {addition,) make oath and say: That 1 was present rmd did RENUNCIATIONS. 533 see the within renunciation ot probate duly executed by CD. one of the parties named therein ; and that the name " " set and subscribed as a witness thereto is of the proper hand- writing of me this de,:.v>nent, and that the same was executed at in the County of . Sworn before me at ■ in the County of ■ this dayot I A.D. 189-. J 'rhi<; affidavit is filed on behalf of solicitor. by — - his 651. Renunciation of Administration. In the Surrocate Court ok the County of In hie Ivstatk of A. B., Deceased. Whereas A. B., late of the of — in the County of , {addiiioti,) deceased, died on or about the • day of i8y -, intestate, and had at the time of his death a fixed place of abode in the said of : And whereas I, CD., of the of in the County of — — , (addition,) am the lawful son and one of the next of kin of the said A. li. {or as the case may br :) Now I the said CD. do hereby expressly renounce all my right a id title to letters of administration of the pro])erty of the said deceased. In witnes;; whereof I have hereunto set my hand and seal this day of 189-—. Signed, sealed and delivered \ by the said CD. in the 1 CD. presence of J [seal. ] Note. — For Affidavif of E.xcciifioii sec iiexf page. !?«5!! ^ 1>::» 534 renunciations. Akkipavit of Execution ok Ricnunci.viion. In the Sl'krogate Court of the County of In the Estate of A.H., Deceased. I, -, of the ot — in the Coun*-y of {adiiitioti,) make oath and say. That I was present and did see the within renunciation of administration duly executed by CD. one of the parties named therein ; and that the name " " set and subscribed as a witness thereto is of the proper handwriting of me this deponent, and that the same was executed at in the County of . ) Sworn before me at in the County of — this day of i A.D. 189-. j This affidavit is filed on behalf of solicitor. by - his 652. REPORTS. Report in Administration Action. {Nit/c 6()7.) In iHE HicH CoLKi oi' Justice. Between A.B., Plaintiff, and C.I)., Defendant. -day the day of Pursuant to the jiidi^ment lierein dated the - 189 -. dav of 189 — , having caused an office copy thereof to be served upon {state the ua/iies of persotis served under Rule 20J or 660, and also the names of those service upon 7vhotn has heen dispensed 7vith and the reason for dispeiisin^^ loith service), I proceeded to dispose of the matters referred to me, and thereupon was attended by the soHcitors for all parties intere.sted {or as the case may />e,) \If a guardian ad litem lias l)cen appointed for any of the parties^ this shoitld he so stated, and the reason why such appoint- ment -iVas made. ] and 1 find as follows : 1. The personal estate not specifically bc'iueathed of the testator come to the hands of the executors, and wherewith they are chargeable, amounts to the sum of $ — , and they have paid, or are entitled to be allowx'd thereout, the sum of $ — , leaving a balance due Irom \or to| them of $ on that account. \If no personal estate say : No personal estate has come to the ha:ids of the executors, nor are they chargeable with any.) 2. The creditors' claims sent in i)ursuant to my advertisement in that behalf (published in issues of the newspaper per -^ ins REPORTS. -), and which have been allowed, are set forth in the 536 called — first schedule hereto, and amount altogether to $ . \If no creditors say : No creditor has sent in a claim pursuant to my advertisement in that behalf, nor has any such claim been proved before me.] 3. The funeral expenses of the testator amounting to $ have been paid by the executors and are allowed to them in the account of personal estate. 4. The legacies given by the testator are set forth in the second schedule hereto, and with the interest therein mentioned remain due to the persons named {or as the case may be). 5. The personal estate of the said testator outstanding or undisposed of is set forth in the third schedule hereto. yin this third schedule personal estate not specifically hecjueathed should he set forth separately from the other personalty outstanding or undisposed of. If there is no specific Inu/uest, it should be so stated in the body of the report. ] 6. The real estate which the said testator was seised of or entitled to, and the incumbrances {if any) affecting the same, are set forth in the fourth schedule hereto. 7. The rents and profits of the testator's real estate received by the said executors, or with which they are chargeable, amount to $ , and they have paid, or are entitled to be allowed thereout, the sum of $ , leaving a balance due from \or to] them of $- on that account. [y/" no I ents >j^c. received say : No rents and profits have come to the hands of the said executors, nor are they chargeable with any. ] 8. I have allowed the said executors the sum of $ — as a compensation for their personal services in the management of the said estate. -»JI 'O-t REPORTS. 537 g 7! 3 o ^ I- I •2 I 1 u g re c - u « C^ -. r- - J^bf. o ■*" t*- w u ■" O i- f-" R c o 3 « CL ■y, w "ti ij < «» u . ^ rt «^ ? tS^s < U Z CC a, ^ i: '^ CA c s:-: § !^-f H ^ = i: Q ~ 5 i; u Ik 5^ s ~ S s i=l < 1 r? bflbo^ .S k. C) d Z -v.; ^^ M • - >V) .i 5 .5 ,R •? •- -a 5 r' ^ tn «v^ ^ > D "ti "^ ^ '^ ° ^ "^ ■^ ■<: ,„ "O > .'^ 7 ^ ^ a ity ing del val bed C ^i ^ i2 s es bf the boo effec desL ictef ber re a K k: - => i ■^ •^ c 'e -^ ~5, ~ 3 R ."S < - « ?. k TJ S Sehcdul he gene V say : ousehol cases. V ^ ^ ^ -^ ■^ a ^, rt ~ !^ ^ ^ =: ? <3 S ^ •v. J^ "S * •<^ =5 ^ s c :^ -ii ;^ <^ r'-^ rt ^ •^ s ^^ ^ ^ -Ci ^ <; %. _C •^i '^ « ^ •§ *" ■^ {No gen Where part for instance s s 1 Ft? I •"•fa*. 53« 663. REPORTS. Report. Action for Foreclosure. Subsc(/iu'iif /ncunihniiiccrs. In riiK Mich Coi'rt ok Justice. Between A. 15., Plaintiff, and CD., Defendant. Pursuant to the judgment in this action as originally entitled dated the day of 189— I was attended by the solicitor for the plaintiff, and it appearing to me by the certificates of the Registrar and the Sheriff of the County of that K. F., G. H. &c., not before parties to this action, had some lien, charge or incumbrance upon the lands and premises in (juestion subse- quent to the plaintiff's mortgage in the pleadings mentioned, I caused them to be made parties defendants to this action, and it subseijuently appearing to me that the said several persons so made parties had l)een duly served with process under the Rules in that behalf, I proceeded to dispose of the several matters tome referred by the said judgment, and was thereupon attended by the solicitor for the plaintiff, and I find as follows, that is to say : — I. That there is due to the plaintiff for principal money on the mortgage in the writ in this action mentioned the sum of $ , and for interest thereon at the rate of per cent, per annum from the day of 189 — to the date of this my — , and for costs of this action as taxed the report the sum of $- - sum of $ -, and for subseciuent interest on the aforesaid principal sum from the date of this my report for six months the sum of $ , making together the total amount of $^ . 2. That there is due to the said IvF., so made party defendant as aforesaid, under a certain mortgage bearing date the day of 189 — made by the said defendant to the said E.F. the sum of $ — — - for principal money, and for interest thereon at the rate of per cent, per annum from the — day of 189— to the date of this my report the sum of $ — , for costs taxed to the said E.F. as such defendant the sum of $ , and for subsequent interest for &ix months from the date hereof the sum REPORTS. 539 of $- -, inakiiii' the sum total due to the said IC. !•'. as such incumbrancer to be $ . 3. That there is due to the said (l.I I., so made party defendant as aforesaid, under a certain ivo. {(is in [laiai^^iaf^li 2.) 4. And I have hereunto annexed a schedule of the several accounts so taken under the said reference. 5. And I appoint for payment by the said defendant C!. 1). by the said judgment as originally entitled to the said plaintiff and to the said of the said several amounts so found due to them respectively to the joint credit of them and of each of them and of the Accountant of the Supreme C^ourt of Judicature, at the Hank in the of in the I'rovince of Ontario, between the hours of ten o'clock in the forenoon and one o'clock in the afternoon of the day of — ■ now next after the date h^icuf, bi'ing six months from the making of this mv refjort in this action. 6. And the said X.Y., so made party defendant in my office, not having come in and proved any claim before me under the reference has made defiiult and is absolutely debarred and foreclosed by so having made default of all right, title and interest in the said mortgaged premises, and I hereby declare him fore- closed accordingly, and the plaintiff and the said E.F. and G. H. who have come in and established their claims before me are the only incumbrancers upon the said lands and premises other than those (if any) prior to the said plaintiff's mortgage. 7. .\nd being also directed to ascertain and find the priorities of the said several parties incumbrancers u[)on the said lands and premises, I find that they stand thereui)on in the order following, that is to say : {set them out.) All which having been proved to my satisfaction by [)ro[)er and sutificient evidence I humbly certify to this Honourable Court. Dated the day of 189 — . Master at 540 REPORTS. •^•"v^ 654. Report on Sale. [Rule 73,.) In the High Court ok Justice. Hetween A.B., Plaintiff, and C.I)., Defendant. l'ur:uant to the judgment {or order) of this Honourable Court bearing date the- day of 189 — and made in this cause I have, under the Rules of the Supreme Court of Judicature, in the presence of (^/' after notice to) all parties concerned, settled an advertisement and particulars and conditions of sale for the sale of the lands mentioned or referred to in the said judgment {or order), and such advertisement having according to my directions been published in the {naviitig the imospaper or nnos- />ti/frs) once in each week for the weeks immediately preceding the said sale {or as the case may be\ and bills of the said sale having been also, as directed by me, published in different parts of the Township (Town or City) of- and the adjacent county and villages {or as the case vuty he), the said lands were offered for sale by public auction, according tomy appointment, on the day of 189 by me {or by Mr. — of , appointed by me for that purpose, auctioneer), and such sale was conducted in a fair, open and proper manner, when — of — - — • was declared the highest bidder for and became the purchaser of the same at the price or sum of $ payable as follows : {set out shortly the conditions of sale as to payment of the purchase money. ) All which having been proved to my satisfaction by proper and sufficient evidence I humbly certify to this Honourable Court. Dated the day of 189--. Master at c^- RKSERVi:n lASE. 54 « 655. Reserved Case Under- Criminal CorU\ Sec. ~^j, and Coninion LaiK' Rules of ~fli February, r8y6. Ilolmested's Rules and Orders, Vol. II. />. 577. In THii Hkih Court of Justick. The (^)uecn against A.i;. The following case is reserved and stated under Section 743 of the Criminal Code by His Honour , Msquire, Judge of the County Court of the County of and Chairman of the deneral Sessions of the Peace of the County of- (pr as the case may be : ) On tile day of - 18 - A.li. was brought up for trial before the Court of (ieneral Sessions of the I'eace of the County of ■ — upon the following indictment : Ontario. County of — To Wit : 1 '■' ,• Peace the (icneral Sessions of the eace for the County of for -r A.I). 18—. The Jurors for our Lady the (^iieen present that A. 15. on the day of — ■ — - in the year of our Lord one thousand eight hundred and ninety al tht 'l'ownshi[) of in the said County unlawfully did {here state the offence). On the day of — 18 the said A. B. was tried at the sittings of the said Court holden at the City of in the County of and was convicted of the offence charged, and judgment on the said conviction was postponed until the cpiestions hereinaft r stated should be decided. The said A.B. is in prison {or has been discharged on recog- nizance of bail to appear and receive judgment or as the ease may be). The questions reserved for the consideration of the Court are : {state the i/uestions interroi^atirely, thus :) I. Has the Council of the Village of jurisdiction to pass the liy-law Exhibit "A" ? f-r- -^1 542 KKSERVEU i'ASK KLI.Ii NISI. If the Court should Ih- of the opinion tliat such ([ucstion sliould be answered in tlie negative tlien the ('cnviction should be set aside and the accused accjuitted. 2, T, iVc. 'I'hc material i)arts of the evidi'ure are as follows : (/irri- srt out the cviiit-iiif and twhihits if any.) Dated at the day of 189 -. A|)i)roveil. Judge of the Court of Cieneral Sessions of the Peace of the C'ounty of . Clerk of the Peace and County C'rown Attorney for the County of . 656. Rule Nisi to Quash Conviction. I ■^t:: •^'j fe .) 1^ I.\ WW. IIk.ii CoiKr OK [I'siRi';. Tuesday the The Honourable the Chief Justice of the \ (Queen's iiench. , 'l"he Honourable Mr. Justice . 'i'lie 1 loiKJurable Mr. histice . day of A.D. 189 . The Queen against .\. B. Upon the a[)plication of the above named A.H. and upon reading the return to the Writ of Certiorari granted herein, filed, and the said Writ, and t' ; affidavits and papers filed in Chambers upon the application therefor, and the recognizance entered into by the defendant with a surety to duly prosecute the said \\'rit, also filed : 1. It is ordered that X.V., Escpiire, Police Magistrate {or one of Her Majesty's Justices of the Peace) in and for the of -, and C.I), the informant do upon notice to them of this order, to be served upon them, their solicitors or ageiiti), show cau.se on the first day of the next sittings of the Divisional Court why the conviction of the aforesaid A.H. on the information and complaint of the said CD., for that he the said .\. B. did on the lU'l.E N'ISI SATISKAl HON IMCl'i:. 543 Olll day of — 1S9— at tlu- c^f in tlie County of unlawfully {si-t out i/uoi^c), sliould not Sc ijuaslifd, witli costs, on the followini,' grounds amon^' others : I. (S:c. [Si/ till/ i^i ('t/>h/s). On motion of Mr. , of counsel for the defendant, lly the ( "ourt. {.Sixf/it/iiff of h'r^^is/itir.) 667. Satisfaction Piece. {Nii/r(>u-) (('our/ mid Sfy/c of (\iiisc.) Satisfaction is acknowlcd^Lil of the jud.Ljnient against C.I). defendant in this action for $ • debt and $ costs. And I .-\. 1). do hereby e\[tressly nominate and appoint L..\i. solicitor to witness and attest my execution of this acknowledg- ment of satisfaction. judgment entered on the day of 1S9 — . Signed by the said A. H. on the day of - 189 in the presence of me I,.M. of one of the solicitors of the .Supreme Court of Judicature for Ontario. And 1 hereby declare myself to be solicitor for and on behalf of the said A.B. expressly named by him and attending at his request to inform him of the nature and effect of this acknowledgment of satisfaction (which I accordingly did before the same was signed by me). And I also declare that I subscribe my name hereto as such solicitor. {Signa/iiir of so/iti/or.) (Stj^/ia/ii/r '>/ ///<• n/>o:'f rinvwd plain/iff. ) • ••• Jr> V5 >' 'V C3r- 544 668. SPECIAL CASK — TENDER. Special Case For the Opinion of the Court, {Rules jy2-jyj.) I\ THE HiHH Court of Justice. Between A.B., Plaintiff, and CD., Defendant. Si'FXiAL Cape. The following case is stated for the opinion of the Court under an order of the Honourable Mr. Justice dated the day of ■ 189 — made pursuant to Rule 372 {or as the case may be. Here state the tnaterial facts of the case bearing upon the question of /mv to be decided.) The question {or questions) for the opinion of the Court is {or are) : First : Whether &c. Second : Whether &c. Dated at this day of 189—. {Signatures.) 659. Tender to Purchasij Lands Offered under fudicial Sale. In the High Court ok Justice. Between A.H., Plaintiff, and CD., Defendant. I hereby oiler dollars for the lands offered for sale herein at • on the day of 189 -, to wit : {liere describe the lands. ) Dated at this day of 189—. ^ Signed in the [iresence of Note.- For Affidavit of Execution .'see Form No. 59. WARNING. 545 660. Warning- to Caveat. der ■ase the I is sale (here In the Surrogate Court of the County of ■ — . In the EsTAiE of A. B., Deceased, To G. i\: H. of the City of in the County of , solicitors for of the City of , at the instance of C. D. and E.F., both residing in the City of in the County of -, executors of and under the last will and testament of A. B., late of the said City of , widow, deceased : You are hereby warned that within ten days after the service of this warning upon you, inclusive of the day of such service, you cause an appear- ance to be entered for your client above named in the office of the Surrogate Court of the County of to the caveat entered by you in the estate of A.B., late of the City of , widow, deceased, who died on or about the ■ day of A.D. 189— at the said City of , and had at the time of her death a fixed place of abode at the said City of , and to set forth your client's interest : And take notice that in default of your so doing the said Court will proceed to do such acts, matters and things as sha" be needful and necessary to be done in and about the premises. Dated at this day of ^ A.D. 189— . Registrar of the Surrogate Court of the County of G. & H. Solicitors for the said Executors. 661. WARRANTS. Warrant for Arrest Of (I Dcjaultiiig Witness. [Rule 482.) Provinck of Oni'ario. I County of J In THi; Hi(;ii Court ok Justice. Between A.B., Plaintifi, and CD., I)et"endant. ToE.F.: Whereas proof has l)een made l)eforc me that H.N. was du!v subpcenaed to give evidence on behalf of the plaintiff {or as the case may l>r) in this cause at thf sittings of the Court of Assize {or as the case may be) at Toronto {or as the case may t>c), which commenced on the ■ day of i'^9— 5 that the presence of the said H.N., is'material to the ends of justice : and that the said H.N. has failed to attend in accordance with the requirements of the suhptena : These are therefore to command you to take the said H.N. and to bring and have liim before me at the said sittings, or Ixifore such other Judge as may be presiding thereat, there to •testify what he may know concerning the matters in question in the said cause, and that you detain him in your custody luUil he shall have given his evidence, or until the said sittings shall have ended, or until other order be made by the Court concerning him. (iivcn under my hand this day of .\. 1). iS - at — ■ . [S/i^iKitu ■• of Jtid^v. ) W AKKANTS. 547 662. Warrant for Release from Custody Of Person r/i(iri;vd -a^if/t Crimiiuil Offence. — Affcf Rccogniijiincc of Bail. Canada. PR0\ INCIC OF On I ARIO. County of . City of . To Wit : Whereas A. 11., of the City of To the Keeper of the Common C.nol of the .said County of and CJity of — — - {(ir as the case may he :) hath before us CD. and E.F., I'.squires, two of Her .Nfajesty's Justices of the Peace in and for the said City of , entered into his own recognizance and found sutificient sureties for his appearance at the next Court of competent jurisdiction to he hoiden in and for the said City of and Ccjunty of , to answer to our Sovereign Lady the Oueen for that he the said A. H. on the day of in the \ ear of our Lord one thousand eight hundred and ninety at the City of — in the County of did {here set out the offenee cttarjj;ei/,) for which he was taken and t:om- mitted to your said Common Gaol ; These are therefore to command you, in Her said Majesty's name, that if the said .V. H. do remain in your custody in the said Common (laol for the said cause and for no other, you shall forthwith suffer him to go at large. (liven under our hands and seals this day of in the year of our Lord i8cj at the City of • in the County of ■ aforesaid. C.I). [SKAI,.] E.F. [seal.] 548 WARRANTS 663. Warrant to Produce a Lunatic. Is THE HicH Court of Justice. In thk matter of A.B., a person supposed to be of unsound mind. Whereas a petition has been presented to this Court on behalf of • and others, praying among other things that the a'jove named A. B. may be declared a lunatic ; and whereas the hearing of the said petition hath been adjourned before me the Honour- able , one of the Justices of this Court, until- the day of A. D. 189 — at Osgoode Hall in the City ofTmonto, and it is expedient that the said A.B. should be enabled to be present at the hearing of the said petition and the examination of witnesses then to take place, if he can do so without injury to himself or others ; and whereas it has been made to appear to me that the said A.B. is now |an inmate of the Provincial Lunatic Asylum] in the custody of you [Daniel Clark as Superintendent of the said asylum :] These are therefore to will and require you to produce the said A.B. before me at Osgoode Hall in the City of Toronto on the day of 189 — at the hour of II o'clock in the forenoon, there to be examined touching the matters of the said petition, and to be present at the hearing thereof, provided the said A.B. can be so produced without injury to himself or others, and you are to give him notice accordingly. Dated at this day of 189—. {Sigiia/inr of Judge.) id. alf Uo, )e 1 of to me atic It of u to y of ir of the ring bout Dtice WRITS. 664. Writ of Summons. {Rule J3J.) In the High Court ok Justice. Between A. 15., Plaintiff, and C.I), and E. F., Defendants. A'ai/it' and title of Sox'crcij::;u,t\g.^ \'ic tokia, by the Grace of (lod, of the United Kingdom of Great Britain and Ireland, Qi;een, Defender of the P^aith. To C.I), of in the County of and E. 1'". of in the County of : ^\'c command you that within ten days after the service of this writ on you, inc:lusive of the day of such service, you cause an appearance to be entered for you in an action at the suit of A. 1!.; and take notice that in default of your so doing the plaintiff may proceed therein, and judgment may be given in your absence on the plaintiff's own shewing, and you may be deemed to have admitted the plaintiff's claim and (subject to Rules of Court) will not be entitled to notice of any further proceedings herein. Witness the Honourable President of our High Court of Justice at in the year of our Lord i8 - . Mcmorinnlitui to be subscribed on the ivrit ; N. 1). — This writ is to be served within \2 calendar months from the date thereof, or if renewed within 12 calendar months from the date of such renewal, including the day of such date, and not afterwards. The defendant \or delendants ' may appear hereto by entering an appearance {or appearances] either personally or by solicitor at the office at To be inserted in the margin : Issued from the Central Office, Toronto {or from the office of the Deputy Clerk of the Crown, or Deputy or Local Registrar of the High Couit of Justice, in the County of . ) {Signature of offic r. ) Or- :5n o WRIT or SUMMONS. Iiidorsonciils /o he iikk/c on the ".iwif : The plaintiff's claim is for .■>' given in your absence on tlie plaintiffs own shewing, and you may l)e deemed to have admitted tlie plaintiff's claim, and (subject to Rules of Court) will not be entitled to notice of any further proceedings herein. Witness the Honourable President 6cc. Mcinoniiu/iini and iiK/nrsciin'nfs as in pirca/iii^i^- fonn, Indoi'scniciifs fn be made on /he writ : N.iJ. — 'I'his writ is to be used where the defendant or all the defendants or one or more defendant or defendants is or are out of Ontario. When the defendant to be served is not a iJritish subject, and is not in IJritish dominions, notice of the writ, and not the writ itself, is to be served upon him. Indorscnu')it to he inadt- on tin- ivrit after service tliereof : This writ was served by X.V. on G.H. (the defendant or one of the defendants) on day the day of 189—. Indorsed the • day of 189 — . X.Y. {Address.) 666. Notice in Lieu of Writ of Summons To be Given out of Ontario. {Rule fj8.) T\ rm. Hic.H Court of fusncH. IJelween A. 15., Plaintiff, and CD., K.F. and C.H., Defendants. ro(^..H. of : Take notice that .\.P., o'^ - has commenced an action against you (i.H in Her Majesty's High Court of Justice in Ontario, by writ of that Court dated the day of — - \.D. 189 — : which writ is indorsed as follows ; Ycopy in full the ifii/orsenieuts\ and you are reciuired within - — days after the receipt of this notice and of the plaintiff's statement of claim, inclusive of the day oi such receipt, to defend the said action, by 552 WRIT OF SUMMONS. causing an a[)pearance to be entered for you in the said Court to the said action, and your defence thereto, if any, to be delivered ; and in default of your so doing, the said A.I'), may proceed therein, and judgment may be given in your absence on the plaintiff's own shewing, and you may be deemed to have admitted the plaintiff's claim, and (subject to Rules of Court) will not he entitled to notice of any further proceedings therein. You may appear to the said writ by entering an appearance personally or by your solicitor at the office at . Dated t\:c. A.J!, of or X.Y. of &c. &c. Solicitor for A.Ji. N.il -This notice is to be used when the person to be served is not a British sul)ject, and is not in British dominions. Indorsement to be made on the notiee of the writ after serriee thereof : This notice was served by X.Y. on (i.H. the defendant {or one of the defendants) on day the — — — day of 18—. Indorsed the day of 18 — . X. Y. (Address.) 8i«-.. (•••fa*. WRIT OV SIMMONS —INDORSEMENTS. 353 667. Indorsements of Money Claims on Writ of Summons. IV/icrc no Spviial Imlorscmciit under Rule 13^- Goods Sold. The plaintiff's claim is $ for the price of goods sold. (This form shall sn (fur ivhi'ther the claim be hi respeel 0/ goods sold and delivered, or of ^sioods bargained and sold. ) Money lent. The plaintiff's claim is $ for money lent (and interest.) Several demands. The plaintiff's claim is $ whereof $ is for the price of goods sold, and .$ — for money lent, and $- Rent. for interest. The plaintiff's claim is $ for arrears of rent. Salary c~"r. The plaintiff's claim is $ for arrears of salary as a clerk {or as the casr may be. ) Interest. The plaintiff's claim is $ for interest upon money lent. General average. The plaintiff's claim is $ for a general average contribu- tion. Freight C^'c. The plaintiff's claim is $— for freight and demurrage. Penalties. The plaintiff's claim is $ for penalties under the Statute \'ictoria', chap. . Bankers balance. The plaintiff's claim is $ for money deposited with the defendant as a banker. Fees C-^c. as solicitors. The plaintiff's claim is $ ;- for fees for work done (and J. money expended) as a solicitor. — ii jO::: S54 WKii HI' SIMMONS i\iiousi;mknis. 5ifa», i'liiinnissiun. The [)laiiitilT's claim is $ for commission as {statr char- acter as auctioneer^ l>rol;er, ^c.) Medical attendance C'^c. I'liL- [ilaintiff "s claim is $ for medical attendance. Rctani (if /yreiniiini. The plaintiff's claim is $— for a return of premiums paid u[)on policies of insurance. H'arc/iotisc rent. The plaintiff's claim is $ for the warehousing of goods. Carriage of goods. The plaintiff's claim is $ for the carriage of goods by railway. r/se and occufyafioa of itouse. The plaintiff's claim is $ for the use and occupation of a house. Hire of goods. The plaintiff's claim is $ for the hire o{ {furniture.) Work done. The [)laintiff 's claim is $ for work done {as suri'evor Board a)id lodging. The plaintiff's claim is $ for board and lodging. Schooling. The plaintiff's claim is $ for the board, lodging and tuition of X.^^ Money received. The plaintiff 's claim is $ for money received by the defendant as solicitor {or factor, or collector, or cr'c. of the plaintiff.) Fees of office. The plaintiff's claim is $ for fees received by the defendant under colour of the office of . Money overpaid. The plaintifl 's claim is $—■ ■ for the return of money over- charged for the carriage of goods by railway. 'I'he plaintiff's claim is $ for a return of fees overcharged by the defendant as . WUir Ol SIMMONS -INOORSEMKNTS. 555 Return of ni'Uicy liy stdkclittlthr. 'I'hc i)laintilT's claim is $ for a return of money dcposit.^d with the defendant as stakeholder. Mniwy won, /'nun stakeholder. The plaintiffs claim is $ — for money entrusted to the defendant as stakehokler, atul hecome payaijlc to [jJaintiff. Money entrusted to ui^ent. The [)laintirf 's claim is $ for a returi) of money entrusted to the defendant as agent of the plaintiff. Money ol)tiiine(t l)y Jniud. The plaintiff's claim is $ ~ for a return of money obtained from the plaintiff by fraud. Money paid tiy niistnke. The plaintiffs claim is $ for a return of money paid to the defendant by mistake. Money paid for eonsidenition 7i<' dour, te/t undone ; or a In! I to Iw taken up, not ta/^en up, &"(■.) The plaintiff's claim is $ for a return of money paid as a deposit upon shares to be allotted. .Money paid />y surety for defendant. The plaintiffs claim is $ — for money paid for the defendant as his surety. A'e//t paid. The plaintiff's ('lairn is $- for money paid for rent due by the defendant. Money paid on aeeonnnodation l)ill. The plaintiffs claim is .$ upon a bill of exchange accepted {or indorsed) for the defendant's accommodation. Contribution by surety. The plaindff s claim is $ for a contribution in respect of money paid by the i)laintiff as surety. liy eo-debtor. The ]ilaintiff s claim is $ for a contribution in respect of a joint debt of the jilaintiff and the defendant, paid by the plaintiff IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I *^° 1^ 1 2.2 lis lllllio iti 1.8 1-25 1.4 ||.6 ^ — 6" ► ( Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 873-4503 V cF <^ .<" '' N' >f.\, Wk\ V>. Q o" .* ^f^ l/.A % \-^c^ WRIT OK SUMMONS — INDORSEMENTS. 1^ MoH.y paid for nt/Zs, The plaintiff's claim is $ for money paid for calls upon shares, against which the defendant was l)ound to indemnify the plaintiff. Moficy payabU' under atvard. The plaintiff's claim is $ for money ])ayal)le under an award. Life policy. The plaintiff's claim is$ upon a policy of insurance upon the life of X.^'., deceased. J/omy bond. The plaintiff "s/^laim is $- upon a bond to secure payment' of $1, GOO and interest. Forei\irii jiidgiucnt. The plaintiffs claim is $ upon a judgment of the Court in the Province of (J(uel)ec. ///// of vxchangc I'^V. 'I'he plaintiff's claim is $ upon a cheque drawn by the defendant. 'I'he |)laintiffs claim is $ upon a bill of exchange accei)ted \or drawn or indorsed] by the defendant. The plaintiff's claim is %~ upon a promissory note made [f'r indorsed) by the defendant. 'I'he plaintiff's claim is $ against the defendant A.H. as acceptor, and against the defendant CD. as drawer \or indorser], of a bill of exchange. Surety. The plaintiff's claim is $ against the defendant as surety for the price of goods sold. The plaintiff's claim is $ against the defendant \.V>. as principal, and against the defendant C.I), as surety, for the price of goods sold \or arrears of rent or for money lent or for money received by the defendant A.H. as traveller for the plaintiff, <'/■ ^..1 Call a The plaintiff's claim is $- for calls upon shares. ra WRIT OI- SIMMONS — INDORSEMENTS. ^.")/ 668. Special Indorsements on Writ of Summons. Rule ij8. Money had and received. The plaintiff's claim is for money received by the defendant for the use of the plaintiff. The following are the particulars :— i8— .— 2nd January.— To amount of rents of No. 5 Smith Street collected by defendant $300 To deposit on intended sale of Hlythc Cottage 400 .Amount due $700 Place of trial, Toronto. Add ifidorsfment for costs. Goods sold and delivered. The plaintiff's claim is for the price of goods sold. The following are the particulars : — 18— .—31st December.-— lialance of account for butchers meat to this date $142 18 -. 1st January to 31st March. Butcher's meat supplied 297 $439 18— . — 1st February. — Paid wSo Balance due $259 Place of trial, Toronto. ./(/(/ indorsfment for costs. :3 1:5 55.S WRII Ol' SIMMONS- INOOKSKMKNTH, G ltd run tec. The plaintiff's claim is against the defendant A.H. as principal, and against the defendant (M). as surety, for the price of goods sold to A. 15. The following are the particulars : 18 — . -and February. —diiarantee by CD. of the [trice of woollen goods to be supplied to A. 15. 2nd February — To goods 1^225 3rd .March To goods 151 17th March- -'I'o goods 27 5th April To gcjods 65 $468 I'lace of trial, Ottawa. ./(/., payable \ months after dale. Principal ... .f 2,000 Interest Notarial charges I'lace of trial, Hanulton. .l(/i/ itu/orsiiiirtit for costs. WKII Ol' SIMMDNS ISPORSKMICNTS. /ioilt/. 559 The plaiiuiff's claim is for principal aii'l interest due upon a bond. The lollowing are the particulars : lloiul dated ist January iS— . C!ondition (or [laj-nunt of $500 on the 2')th December i8— . Principal due $500 Interest IMace of trial, I'lelleville. Ai/i/ iiii/oi sfiiirti/ for rosts. C'tnu'iHiiif. The plaintiff's <'laim is for principal and interest due under a covenant. The following are the particulars : Deed dated containini; covenant to pay $.?,ooo and interest. Trincijial due $Soo Interest Place of trial, Kingston. . /(/(/ itidoi srmriit for (OS/s. RtCin'ci'V of /^osscss/on by Ijtiullorti. 'I'he plaintiffs claim is to recover possession of a farm and premises called l.ot No. i in the 5th {!on. of the 'I'p. of— - in the County of --, which was let to the defiiidanl l)y the plaintiff lor the term of ^^^ years from the zijth day of Sept. iS— , which term has expired {or as tenant from year .to year from the 2i)th day of Sejjt. iS -, which said tenancy became duly deter- mined l)y notice to (juit on tlie 2(;th day of .Sept. 18—.) 'i'he plaintiff also claims $ for mesne profits. Place of trial, i.indsay. Dotiiiito "/■ Rocovcry of i'/itif/r/s. 'I'he plaintiffs claim is lo reiover possession of (or for the return of) a certain st.illion named " Disturi)ance,'" \or (is tin- CISC iiKiy /v|, unlawfully detained by the defendant, of wliich the plaintiff is |the owner and] lawfully entitled to the ijossession. Place o' trial, Toronto. 3 )^ ra 560 WRIT Ol- SIMMONS— INOORSEMENTS. 669. Indorsement for Costs. {Rule ijg.) Add to the itbove forms for money claims: and the plaintiff claims $ for costs ; and if the amount claimed be paid to the plaintiff or his solicitor within eight days {or if the writ or tiotice ill lien thereof is to be served out of Ontario, insert the time limited for appearance and defence) from the service hereof, further proceedings will he stayed. 670 Indorsements on Writ of Summons for Damag*es Ami other Claims. Agent c''^v. 1'he plaintiff's claim is for damages for breach ol a contract to employ the plaintiff as traveller. The plaintiff's claim is for damages for wrongful dismissal from the defendant's employment as traveller (and $ for arrears of wages). 'I'he plaintiff's claim is for damages for the defendant's wrong- fully (juitting the plaintiff's employment as manager. The plaintiff's claim is for damages for breach of duty as factor {or ij-'r.) of the plaintiff (and $ — — for money received as factor (Jtc). The plaintiff's claim is for damages for breach of the terms of a deed of apprenticeship .,f .\.V. to the defendant (yrii>/if. 'Ilic plaintiff's claim is for damages for tlic infringement of the plaintiff's copyright. Tnidt- ituirk. 'I'lu' i)laintiff's claim is for damages for \vr^^v. | The plaintiff's claim is for damages for hrcach of a contract to employ the plaintiff to build a ship iVc. Xiiisiiiuc. The plaintiff's claim is for damage to his house, treeS, crops, 4\:c., caused by no.xious vai)ours from the defendant's factory |^>/- ■['he plaintiff's claim is tor damage from nuisance by noise from the defendant's works \(>r iJ-^r. | Iinikci/^cr. The plaintiff's claim is for damages for loss of the i)laintiff s goods in the defendant's uin. Claim for return of irooiis ; ihiiiKi^cs. 'I'he plaintiff's claim is for return of household furniture or vS^< ., or their value, and for damages for detaining the same. Dower. '['he plaintiff's claim is for dower out of Lot Number {or i/r.urt/i/nx'^ the pro/'rrty ot/irrwisr nXS — ISnORSEMENTS. To vslnblish titlv and rvarver rents. , The plaintiff's claim is to estat)lish his title to \hfre tifsciihe property^ and to recover the rents thereof. . \flcr an intlorsvmcnt of a claim to land, or to establish title, or both, there may be added : Mesne profits. And for mesne profits. Arrears of' rent. And for an account of rent or arrears of rent. li reach of coi.!>., debased, for - — . The plaintiff's claim is against the defendant A. W. as executor [or *>»<•. 1 of CD., deceased, for . The plaintiff's claim is a^'ainst the defendant A.IJ. as executor of X.Y., deceased, and against the defendant C D. in his personal capacity, for . A_irtn'iis/ /ixtru/r/'x. The claim of the plaintiff is against the defendant as executrix of C.I)., deceased, for — . As.s/jirni'c in Insulvi'iny. The plaintiff's claim is as assignee in insolvency of A.B., for The plaintiff's claim is against the defendant as assignee in insolvency of A.li., for . Trustees. The plaintiff's claim is as [or the plaintiff's claim is against the defendant as] trustee under the will of A.H. \or under the settlement upon the marriage of A.H. and X.Y. his wife]. Heir and Devisee. The plaintiff's claim is against the defendant as heir-at-law of A.B., deceased. The plaintiff's claim is against the defendant C.I), as heir- at-law, and against the defendant E. F. as devisee, of lands under the will of A.B. Qui tarn Action. The plaintiff's claim is as well for the Queen as for himself for . Cc 3 ^ S68 WRIT OF SUMMONS — INDORSEMKNTS. 672. Indorsement on Writ of Summons of Claims to Equitable Relief. Rules ijy, i.fi), /.//. of (9 for taxes ((;;■ premiums of insurance or other i/nitirrs) the sum of $ ] and for interest the sum of $ , and that you are lial)le to he charged with these sums with sul)se(]uent interest to he computed at the rate of- ^ per centum per annum and costs, in and I)y the judgment to he drawn up, and that in default of |)ayment thereof within six calendar months from the time of drawing up the judgment your interest in the property may he sold, unless before the time allowed you for ajipearance you file in the office within named a memorandum in writing entitled in this action and signed by yourself or your solicitor to the following effect : '• I dispute the amount claimed l)y the plaintilT in this action," in which case you will be entitled to four days' notice of the taking of the account of the amount due to the plaintiff The following is a description of the mortgaged premises ; {set out description sii/fieierit for rci:^istratioti. ) {e) By mori^a^ee for foreclosure aiiii for inniieiiiate payment auti possession. The plaintiff's claim is on a mortgage dated the day of 189 — made between \or by de|)Oi.it of title deeds], and that the mortgage may be enforced by foreclosure. ff ininiediate payment is desired add^ And to recover from you the defendant {namiui^ tlie defendant a;:;ainst ic/ii'm tlie relief is claimed) payment of the amount duo under a covenant l)y |you] in that behalf contained in said mortgage {or as the case may he.) If order for immediate possession is desired add., Antl take notice further that the plaintiff claims to be entitled to recover immediate possession of the mortgaged premises. And take notice that the [)laintiff claims that there is now due by you for principal money the sum of $ \if so y the plaintiff in this action," in which case you will be entitled to four days' notice of the taking of the account of the amount due to the plaintiff. If you desire a sale of the mortgaged premises instead of a foreclosure, and do not intend to defend the action, you must within the time allowed for appearance file in the office within named a memorandum in writing, entitled in this action and signed by yourself or your solicitor, to the following effect : " I desire a sale of the mortgaged premises in the plaintiff's writ of summons mentioned, or a competent part thereof, instead of a foreclosure," and you must deposit in Court to the credit of this action the sum of $80 to meet the expenses of such sale, and attach to the said memorandum a certificate of the Accountant of the Supreme Court to the eflect that such deposit of $80 has been made. The following is a description of the mortgaged premises : {sft out description sufruifiit for registration). if) By mortgagor for redemption. 'I'he plaintiff's claim is to have an account taken of what, if anything, is due on a mortgage dated and made between yparties\ and to redeem the property comprised therein. {g) ' Raising portions. The plaintiff's claim is that the sum of $ — , which by an indenture of settlement dated was provided for the -, may be raised. portions of the younger children of ■ — {//) Exeeution of trusts. The plaintiff's claim is to have the trusts of an indenture dated and made between carried into execution. (/) Cancellation or recti ficrttion. The plaintiff's claim is to have a deed dated and made between ^parties] set aside or rectified. ( / ) Specific performance. The plaintiff's claim is for specific performance of an agree- ment dated the day of 189— for the sale by the plaintiff to the defendant of certain [freehold] hereditaments at WRIT Ol" SUMMONS — INDORSEMENTS. >7> (k) Alimony. The plaintiff's claim is for alimony ; and the plaintiff demands as interim alimony until the trial of the action the monthly {or weekly) sum of $ to be paid to her on the day of each month {or week) at and the interim costs to which she is entitled by the practice in that l)ehalf. (/) To set aside deed us fraudulent. The plaintiff's claim is on behalf of himself and all others, the creditors of the defendant E.F., to have the following deed set aside and declared fraudulent and void as against the plaintiff and the other creditors of the defendant K.F., to wit : a deed dated i8— from the said E.F. to the said CD. of the following lands, l)eing {^ive descrif^tioti sufficiefitly full to identify land hevond any doubt), and the plaintiff also claims, on behalf of him- self and said creditors, to have it declared that a certain judgment obtained by said CD. against said E.F. in this Court on — j8_ for the sum of $ was and is fraudulent and void, and that the same and the executions issued thereunder be set aside and cancelled. JSfote.— Where the plaintiff desires to re^nSter a eertifieate of lis pendens the indorsement on the writ of summons may eontain sueh short description of the property as may be necessary or proper for that purpose. 37- WRIT OK ATTACHMENT. 2 673. Writ of Attachment of the Person For Coutcmpt. ( Rn/c iS^j. J {Court ami Sfylc of Cmisc.) X'ltlORIA cVc. To tlie Sheriff of - , (Ireeting : V/e command you to attach CD., notwithstanding any right of place he i.s in, so as to have him before our Justices in our High Court of Justice at Toronto, immediately after the receipt hereof, then and there to answer to us, as well touching a contempt which he it is alleged hath committed against us, as also such other matters as shall be then and there laid to his charge, and further to j)erform and abide such order as ou. said ( 'ourt shall make in this behalf, and hereof fail not, l)y reason of any liberty, and bring this writ with you. Witness «.\:c. Pldce of issKC in inaririu. Indorsement : This writ was issued i\:c. (^ WRIT or lAIMAS. 573 674. Writ of Capias ad Satisfaciendum On a Judgment for Plaintiff, where Defendant has not been A rrested Previously. (Court and Style of Cause. ) Victoria «S:c. To the Sheriff ot : Whereas {insert if nccrssary any nuitals which under the order may be proper :) We command you that you take CD., if he shall he found in your bailiwick, and him safely keep so that you may have his body before our Justices of our High Court of Justice at Toronto, immediately after the execution hereof, to satisfy the sum of $ {trie amount to be recovered by the judgment) which lately in our High Court of Justice liy a judgment bearing date the day of 189— were adjudged {or ordered) to be recovered {or paid) by the said A.B. against {or by) the said C.I), for damages {cohere costs also payable add Xogeiher with the further sum of $- for the taxed costs of the said A.B. as mentioned in said judgment.) And have you then there this writ. Witness &c. {as in usual form.) Insert in the margin : This writ of capias ad satisfaciendum is issued from the office &c. pursuant to special order of ^ . Dated the day of A.D. 189- . G.H. ClerkofC.&P. Clerk of R.&W. Local Registrar. [or other proper offieer. ) N.B.— This writ is to be in force for two months from the date hereof and no longer. Indorsement : This writ was issued ^:c., as in Form No. 664. 3 I IS 574 WRIT OK CAPIAS. 675. Writ of Capias ad Satisfaciendum On ati Order for Payment of Money. {Rule lo^i.) Victoria (S:c. lately isic.) which of our snid Court of the Justices of dated the the said C.I), to writ. Witness &c. {Court and Style of Cause.) [same as in preceding form to the words : which lately in our High Court of Justice by an order {or by an order of the Honourable , one our said Hi|jh Court of Justice or as may l>e) day of 189 — , was ordered to be paid by the said A.H. And have you then there this Place of issue in margin and N.B. as in preceding form. Indorsement as in Form No. 664. f WRIT OF CAPIAS. 575 • which n order — , one may he) paid by lere this orm. 676. Writ of Capias ad Satisfaciendum On an Order fof Payment of Money and Costs. {Rule loj/.) ^1 (Conrt and Style of Cause.) Victoria &c. {same as in f receding form do7i.nttn(//n^ the Sheriff to Levy on the Defendant's Goods the Assessed I'tilue of the Chattels. Proeeed as in the preeedin^ form to the ivords "And we further command you," and then thus: And we further command you that if the said chattels cannot be found in your l)ailiwick then of the goods and chattels and lands and tenements of the said C. I), in your bailiwick you cause to be made the sum of $ {the assrsscii vuluc of tLe chattels) and interest thereon from the day of 189—, which by the said judgment {or order) of the said Court were to be paid by the said C.I), to the said A.H. for the value of the said goods and chattels in such case. Where damages and costs are anuirded add: .\nd we also command you that of the goods and chattels and lands and tenements of the said CD. in your bailiwick you cause to be made the sum of $ , which by the .said judgment (y;- order) were directed to be paid by the said C.l). to the said A.|{. r.jr damages and costs {or as the case may l>c) togetiier vicH interest upon the said sum at the rate of six per centum i)er annum from the day of ■ 189 — , and that you have before the |u.stices of our said Court at Toronto so much of the said sums and interest as you shall have made from the said goods and chattels immediately after the execution hereof, and so much thereof as you shall have made from the said lands and tenements immediately after the expiration of twelve months from the day of your receipt hereof, to be paid to the said .\. 15. , and in what manner you shall have executed this our writ make appear to the Justices of our said High Court of Justice at Toronto immediately after the execution hereof, and have you there then this writ. Witness iVc. * Place of issue in the margin. Indorsement : This writ was issued &c. as in Form IVo. 664. WKir oi- ,\s.sii;\mi:ni hi nowi k. 5«' 682. Writ of Asslgfnment of Dower. {Court mid Style nf Ci/uxc.) VicrokiA &c. I'o the Sheriff iVc, (Irceting : \\'here.is it has been made to appear to us in an action in our H igh Court of Justice that (M). is the owner of ((//'\(7/^' t//t'/tini/s,) out of which dower is claimed hy A. 15., and it has l)een adjudged liy the judgment of our said Court in the said action hearing date tiiL- day of i8y— that the said A.H. is entitled to her proper dower out of the said lands (and also to recover from the said C.i). the sum of $ — for damages for the detention of her dower :) We therefore command you thai without delay you do deliver to the said A. B. seisin of her third part of the said lands with the apjiurtenances to hold to her in severalty by metes and bounds, and that you do proceed in the execution in that resj)ect of this our writ according to the provisions of The Dower Procedure Act. (.1 fi. fa. for rccovi ry of the danuti^^cs unit costs, if any (I'Auinicd by the judgment, may he combined with this vm't. ) Place of issue in the margin and indorsement as in Form Xo, 664. 582 WRIT OF ASSIGNMENT OF DOWER. ^K 683. Writ of Assig-nment of Dower M^ierc the Rifffif of Dower is Acquiesced in by the Oirncr of the Estate. {Rules 851, gsg.) In the High Court of Justice. {Style of Cause. ) Ontario. \ County of . ) Victoria, by the Grace of (iod tVc. To the Sheriff of the County of — — ^, Greeting : Whereas A.D., widow, who was the wife of C. U., deceased, demands against E.F. the third part of {here describe the estate in which dower is claiined as in other rcrits of assignment of dotcer) as the dower of the said A.l). of the endowment of the said C. D. , heretofore her husband : And whereas it has been made to appear to us in our High Court of Justice that the said E.F. is the owner of the said real estate out of which said dower is claimed, and that he acquiesces in the said claim and is willing to assign to the said A.D. her proper dower, but that the said A.D. and E.F. are not agreed as to the admeasurement thereof : We therefore command you th?*:, wiihout delay, you do deliver to the said A.D. seisin of her third part of the said — with the appurtenances to hold to her in severalty by mctcb and bounds ; and that you do proceed in the execution of this our writ according to the provisions of The Dower Procedure .\ct. Witness &c. ( When the plaintiff has married again since the death of her late husband, under whom she claims do7ver, her tianic and de:cription must be inserted to suit the circumstances.) Place of issue in the margin and indorsement as in Form No. 664. 684. WRIT OF FIERI FACIAS. Writ of Fieri Facias. (Rule 843.) 583 In the High Court ok Justice. Between A. B., Plaintiff, and C.I), and others, Defendants. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To the Sheriff of Greeting : We command you that of the goods and chattels and lands and tenements in your bailiwick of CD. {where (he execution debtor is a firm substitute after "bailiwick" the following '' oi {describing the firm as in the judgment or order) and {in the ease mentioned in Rule 228) of the goods and chattels and lands and tenements of A.B. a partner in the firm of ,) {ivhere the execution debtor is a married woman insert I :• being her separate property "^ and not subject to any restriction against anticipation unless by reason of section 21 of The ^^arried Women's Property Act such property shall be liable to execution notwithstanding such restriction ; zvhere the judgment is for an ante-nuptial debt if should provide that the execution be against separate property, ivhether subject to any restriction ag'vnst anticipation or not, and the execution will follo7v the judgment and proceed after * whether subject to any restriction against anticipation or not, ) you cause to be made the sum of $ and also interest thereon from the day of 189 — \itay of the judgment or order or day on 7vhich the money is directed to be paid or day from which interest is directed by the order to run, as the case may be,^ which said sum of money and interest were lately before the Justices of our High Court of Justice in a certain action \or certain actions as the case may be,^^ wherein A.B. is plaintiff and CD. and others are defendants [or in a certain matter there depending intituled " In the matter of E.F." as the case may be, ] by a judgment {or order as the case may be] of our said Court, bearing date the day of 189—, adjudged \or ordered as the case may be] to be paid by the said *-4 ?5 IS >«4 WRIT OK FIERI FACIAS. C. I ). to A. B., and also the further sum of $ - for the taxed costs of the said A.B. mentioned in the said judgment {or order as the case may />e,) together with interest thereon from the day of -" 189 — {l/ie (idle of the certificate of taxation : the writ must he so moulded as to folhnc the substance of the judi;mcnt or order,) and that you have before our Justices aforesaid, at Toronto, so much of that money as you shall have made .rom the said goods and chattels immediately after the execution hereof, and so much thereof as you shall have made from said lands and tenements immediately after the expiration of twelve months from the day of your receipt hereof, to he paid to the said A. li. in pursuance of the said judgment {or order here the execution is against him) the sum of $ which hath been lately adjudged to A. B. of in our High Court of Justice at Toronto {or as the case may be,) according to the form of the statute in such case made and provided, for his costs by him laid out and expended in the prosecuting of a certain motion in the nature of a t/uo warranto, lately pending before our said Court against the said C. I), at the relation of the said A.U. for usurping the office of in our of in your County {add when the returning officer is a partyio which proceed- ing the said {returning officer) was made a party) and whereof the said CD. iSrc. is {or are) convicted, as in our said Court appears of record, and that you have that money before our said Court at Toronto aforesaid, and have you then there this writ. Witness (!v:c. Place of issue in margin and indorsements as in Form No. 6H4. WRIT OK FIERI FACIAS. 591 691, Writ of Fieri Facias To Make Residue of Monevs, {Court and Style of Cause.) To the Sheriff of ■ Victoria &c. — , Greeting : Whereas l)y our writ we lately commanded you that of the goods and chattels and lands and tenements of in your bailiwick you should cause to made the sum of $ together with interest thereon from the day of — 189 — ; and also the further sum of $ for the taxed costs of the said together with interest thereon from the day of 189 ; which said several sums of money and interest were lately in our High Court of Justice before the Justices of our said Court at Toronto by a judgment of our said Court bearing date the day of 189— adjudged to be paid by the said to the said , as appears of record, and that you should have that money l)efore our Justices aforesaid at Toronto immediately after the execution thereof to be rendered to the said . And you returned to our Justices aforesaid that by virtue of the said writ to you directed you had caused to be made of the goods and chattels and lands and tenements of the said in your bailiwick the sum of $ parcel of the moneys afore- said, which money you had ready, as by the said writ you were commanded, and that the said had not any other or more goods and chattels and lands and tenements in your bailiwick whereof you could cause to be made the residue of the moneys aforesaid : Therefore we command you that you cause to be made of the goods and chattels and lands and tenements of the said in your bailiwick the sum of $ residue of the moneys aforesaid, and have before our Justices aforesaid at Toronto so much of that money and interest as you shall have made from the said goods and chattels immediately after the execution hereof, and so much as you shall have made from the «c:t; i IP 592 WKIT Ol- FIERI I-AIIAS. said lands and tenements immediately after the expiration of twelve months from the day of your receipt hereof, to he rendered to the said for the residue of moneys aforesaid. And in what manner you shall have executed this our writ make appear to our Justices aforesaid at Toronto immediately after the execution hereof, and have there then this writ. Witness the Honourable President of our said Court at Toronto the -day of^ in the year of our Lord one thousand eight hundred and ninety and in the year of our reign. Place of issue in (he viargiii. Iiuiorseiiieuts ffr. 692. WKir oi iiAnuAs ioui'is. Writ of Habeas Corpus. 5'*.> Vk roKiA, hy the (Irace of God. of the I'liited Kingdom orCireat Uritain and Ireland, Queen, Defender of the Faith. To , Escjuire, Superintendent oi' Tiie Ontario Refornuitory for lioys at renetangiiishene {or e :) We command you that you Ijriny , who it is said is detained in our prison under your custody, before -at on —day the — day of t5 694. Writ of Possession. (Rule S46. ) [Coil ft and Style nf Cdiisc.) N'lcroKiA iVf. To the Sheriff of , (Ireetiiig: Whereas lately by a judj^meiit in our Hi^h Court of Justice A.I), recovered (r) of our said Court made in the said action (or matter), and l)earing date the day of 189 -, it was ordered that the said C.I), should pay into Court to the credit of the said action the sum of $ • (or as tlic case /nay he :) Know ye, therefore, that we have given and by tliese presents do give to you full power and authority to enter upon all tiie lands, tenements and real estate whalsover of the said C. l).,and to collect, receive and sequester in your hands, not only all the rents and profits of his sp- lands, tenements and real estate, but also all his goods, chattels and personal estates whatsoever : and there- fore we command you that you do at certain proper and con- venient days and hours go to and enter upon all the lands, tene- ments and real estates of the said C. 1). , and that you do collect, take and get mto your hands not only the rents and profits of his faid real estate, but also all his goods, chattels and jjcrsoiial estate, and detain and keep the same under secpieslration in your hands until the said C.I), shall pay into Court to the credit of the said action the sum of f {or as the ease ///ay lh\) and clear his contempt, and our said Court make other order to the contrary. Witness &c. Place of issue i/i ///argi/i tit/d ///dorseiueiits as i/i For/>i Ay>. 68^. WRIT Ol' SlBFlKNA. 597 696. Writ of Subpoena ad Testificandum. General Form. I\ iHK Hi(;h Court ok Jusrici;. Between A. B., Plaintiff, and CD. and others, Defendants. Victoria, b) tlie C'.race of (lod, of the United Kingdom of Ciieat Britain and Ireland, (^)ueen. Defender of the l'\aith. To ~, Greeting : We command you to attend before at on day the day of i8y at the hour of o'clock in the noon, and so from day to day until the above cause is tried {or as may f>i\) to give evidence {or for examination for discovery <>;■ as may be) on behalf of the plaintiff (/v defendant.) Witness the Honourable President vS:c. the day of 189 -. 1)1 the >ii(it\i^i>i : Issued from the office of the — of the High Court of Justice in the County of . To he indorsecf : This writ was issued by A.B. of , solicitor for the plaintifl [or Its the ease may he. ) '--SI &c 598 WRIT OF Sl'BPCKNA, 697. Writ of SubpcBna Duces Tecum. General Form. {Court and Style of Cause.) Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. 'J'o , Greeting : We command you to attend l)efore at ■ on day the day of 189— at the hour of o'clock in the — — noon, and so from day to day until the above cause is tried {or as may be,) to give evidence {or for examination for discovery or as may be) on behalf of the , and also to bring with you and produce at the time and place aforesaid {specify documents to be produced). Witness the Honourable President &c. the day of 189—. {Memo, of issue and indorsement as in preceding form. ) WRIT OF SUHPtKNA. 599 698, Writ of SubpoBna ad Testificandum For Assizes. {Court and Style of Cause. ) Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To Greeting We command you to attend before our Justices assigned to take the Assizes in and for the County of to be holden at on day the day of 189— at the hour of o'clock in the noon, and so from day to day during the said Assizes until the above cause is tried (or as may be,) to give evidence on behalf of the ■ Witness the Honourable of- — — 189-. President &c. the day Memo, of issue and indorsement as in Form No. 6gs- 600 WRIT OF Sl'HPtK.NA. Co 699. Writ of Subpoena Duces Tecum For Assizes. {Court mid Style of Cdusc.) VuioRiA, by the Grace of (lod, of the Uiiitod Kingdom ofCireat Britain and Ireland, Queen, Defender of the Faith. To , Greeting : We command you to attend before our Justices assigned to take the Assizes in and for the County of to lie holden at on day the day of ■ 189— at the hour of o'clock in the noon, and so from day to day during the said Assizes until the above cause is tried, to give evidence on behalf of the , and also to bring with you and produce at the time and place aforesaid {specify liocumcrits to be produced). Witness the Honourable President iVc. the day of 189—. {Memo, of issue und indorsement us in Form Xo. 6()-^.) WRIT Ol- VliNOUIOM KXPONAS. boi 700. Writ of Venditioni Exponas Affcr Rctiini by ShcriJ)' d/ (ioc/s or Lauds on llaml L'liso/d fof Wo lit of /ill vers. (Rules 84 -i aud S.S'j.) [Court (I lid Sfvir of Cause. ) \'u roKi \ ivc. To the Sheriff of -. ClreetiiiK : Whereas by our writ we lately comnianded you that of the <;oods and chattels and lands and tenements in your bailiwick of C.I) [here recite the fieri facias as in Form No. 6H4): And on the ■ day of iSy - you certified ((V returned) to our justices of our HiLi;h Court of Justice aforesaid that by virtue of the said writ to you directed \ou had taken goods and chattels (or lands and tenements) of the said C.D. to the value of the money and interest aforesaid, which said goods and chattels {or lands and tenements) remain in your hands unsold for want of buyers, and that therefore you could not have that money l)efore our luslices aforesaid, as you were thjrcby commanded ; Therefore, we being desirous that the said A. 15. should be satisfied his money and interest aforesaid command you that you expose to sale and sell, or cause to be sold, the goods and chattels {or lands and tene- ments) of the said C.\)., so by you taken as aforesaid, and every part thereof, for the best price that can be gotten for the same, and have the money arising from such sale before our Justices afore- said, at Toronto, immediately after the execution hereof, to be paid to the said A. B. And have there then this writ. Witness .Vc. the day of 189— and in the year of our reign. Pliiee of issue in the nuir^iii. Iiidorseuients c"~'r. St :2 Co 602 701. WRIT OF VENDITIONI EXPONAS. Writ of Venditioni Exponas for Part And h'ieri Facias /'or lU'sidiie. (Rules 84^ and SSj.) {Court I S. '" of Cause.] Victoria iv:c. To the Sheriff of Gre^ 'w : Whereas by our writ we lately coninuK/led you that of the goods and chattels and lands and tenements of in your, bailiwick you should cause to be made the sum of $ , and also the interest thereon from the day of 1^^9—1 which said sum of money and interest lately before the Justices of our High Court of Justice in a certain action, wherein ■ — was plaintiff and was defendant, by a judgment of our said Court bearing date the day of 189— were adjudged to be paid by the said to the said • , and also $- for taxed costs in the said judgment mentioned together with interest thereon from the said day of ■ 189—, and that you should make to appear before our Justices aforesaid, at Toronto, immediately after the execution thereof, in what manner you had executed our said writ ; and you at a day now past certified {or returned) to us in our High Court of Justice that by virtue of the said writ you had taken goods and chattels {or lands and tenements) of the said to the value of $ , parcel of the said several sums of money and interest therein mentioned, which goods and chattels {or lands and tenements) remained in your hands for want of buyers, and that therefore you could not have that money before our Justices aforesaid, as you were thereby commanded, and that the said had not any other or more goods and chattels {or lands and tenements) in your bailiwick whereof you could cause to be made the residue of the moneys and interest aforesaid, or any part thereof: Therefore we being desirous that the said should be satisfied the said sums of money and interest, command you that you expose to sale, and sell, or cause to be sold, the said goods and chattels {or lands and tenements) of the said so by you taken as afore- said for the best price that can be got for the same, and have the said sum of $ , parcel of the moneys and interest aforesaid, WRIT OF VENDITIONI EXPONAS. (103 arising from such sale, and any further or other moneys, before our Justices aforesaid, immediately after the execution hereof, to be rendered unto the said . {If the writ and not merely a certificate has. been >rtiinifti n fi. fa. residue may be added to the icrit of \tn. ex. as fo//o7icj(ieiu-c is to pi-i^^'S- Absconding- Debtor See A ITACHMKNI'. Notice of order attacliing debts due to, 261. Order for attarliment of t^oods of, _^i(j. Accident Notice of, under Municipal Act, 230. Notice of, under Workmen's Compensation for Injuries Act, Accountant Order for delivery out of ( 'ourt by, of inc^rtgaLze for suit, y^2. Order for discharge of mortgage by, _^6S. Account Oeneral form, 1. 1-Aecutor or administrator -personal estate, 2. legacies, _:;. rents and profits, 4. judgment for administration accounts, 1S5. Notice of filing, 252. Notice of surcharge, 271. Receiver. 5. Statement of claim for account, 459. S. rcharge against accounting [tarty, 7. Action See ( "oNsoiihAiioN oi' AciiONs. Notice of, 231.', Order dismissing, for want of prosecution, 333. Order removing from Surrogate Court into High Court. 380. Administration .Sec 1'aK( UTORS AM) AhMlNISTRATORS. See SiRROi'.ATi-: Coirt. Advertisement of opplication for, where intestate resides out of Ontario, 15. .'\fftdavit of search for will, 101. Affidavit of value and inventory, 102. 2^: IS 606 INOHX. Administration-^6V>«//;///n/iiii(itl. )isl)iirsemLMi is-f. or mai) f)r plan. 44 lai ICIection ("oiilrovcrted .Municipal VLTityin^ pclilion. 45. Election — ( "ontrovcrtod I'rovincial vt'iitying [jotilion, 45. I'Aa nination i/c lirtic rssi tor order tor, 4(). ICxerution of snhinission to arliitration. 47. ICxL'cution of bond, 47. l'".\ci-iition ot riTOL^nizanct.', jS. I'Afciilor as tf) clainis, 48. I'AL'cutors M'rifyin^ accounts and answcriiiL; inquiries, 51, ( larnisliee or( Icr, t or. ( icnt-ral torin, i(> Immediate iuduMK'nt, tor RiiK oo;. 5(). I liter] "leader — l>y detendant, 57. jurat- ;it'tida\ It made out ol' Ontario. 20. jurat l)linil deponent, ;?i. .?.-•. jurat illiterate ileponent, nj. Justitication ot' sureties in appeal lioiid. 5S. lustitlcation of sureties in hail bond. 1 jo. juslillcation of sureties in recogni/anc 5-.->' 5-/' Lunacy for (leclaration ot. 59. Landlord, by desiring to ;i|)pear and defend, 60. Mand.nnus to a Division C!ourt iudjj;e tor order for. (>o. Mortgage non-[)ayment, of agent. 61. .M il, ot mortgaL ortgagc- non-pay Mortgage -non-payment, of mortgagee not in possession. <>]. Non-appearance, of, 63. Non payment of costs, 64. Nonpayment of money found due by report, '14. Oath-one deponent, 21. Oath two or more deponents sworn together, 21. Oath and jurat l)linti deponent where commissioner reads affidavit, 21. ( )ath and jurat -blind deponent where witness reads atllidavit, 22. ( )verholding Tenants Act — for appointment, 65. Payment of sheriff s tees, 66. Payment out of (!ourt, on motion for, 66. Payment out of Court on attainmg uujority, 67. Payment out of Court -person entitled alive, 6S. isi>i;x. ()i)i) Affidavit Coii/iiinai. I'rocluction of docunuiUs, alliilavit on, mS. Production ofdocninient.s,alVidavil on oIIk crofcorporation/x;. I'roliil)iti()n to Division Court, 70. Quash l)y-law, to, 71. (,)uictin^ 'I'itk's Act— adverse ilaiui, verifying, 72. (J^uieting Titles Act crown (k'l)ts, 72. (^hiictini; Titles Act proviui; possession, 75. (^)uictin,n 'I'itles Act -verifying' petition, 7;,. Receiver fitness of, 76. Rcceivcr--verifying accounts of, 70. Replevin for order of, 77. Reserve bid-tor fixing. 77. Service — general, 7S. Service of appointment uniler Overholding Tenants Act, 7.S. Service of deuiaiul of possession Overholding 'I'enanis Act, 7y. Service of claim under Creditors Relief Act, 80. Service of notice of motion (Controverted Municipal I'Mec- tion, So. Service of writ of summons, Si. Stop order for, .Si. Substitutional service of writ— for order for, S2. Subixena to Province of (Quebec for order for, 83. Trial— postponement of— for order for, 83. Trustee — by mortgagees for leave to pay surplus moneys into Court under Trustee Relief .'\ct, 85. 'I'rustee on motion by, for advice, 87. Trustee- of eligibility of, go. Affidavit (Surrogate Court) Administrator, 91. . Administrator fuller form, 92. Administrator, with will annexed, 94. Death, place of abode, 95. Execution of will -before 1874, 95. Execution of will" after 1S73, 96. ICxecutor, 97. Executoi —fuller form, 98. Execution of renunciation, 100. (luardian, oath of, 104. p5 6io INDKX. 6^ Affidavits (Surrograte Court) -Con/w/ta/. Guardian's bond, execution of, 137. Guardian's bond, justification of sureties, 136. Plight, 100. Search for will, loi. Value of real estate, 102. Value of whole property, 103. Verifying petition -guardian, 103. Allegiance Certificate of naturalization, 145. Oath of, 28. Alimony Affidavit on motion for, 27. Judgment for, 195. Notice of motion for interim, 297. Order for interim, 314. Order for sale of lands to realize arrears of, 315. Order suspending payment of, 316. Statement of claim for, 440. Amendment (^rder to amend, 317. Pra-cipe to amend, 515. Annuity Judgment for payment of, 199 Appeal Affidavit of justification for appeal bond. 58. Pond on appeal to Court of Appeal. 115. Hond on appeal to Supreme ("ourt, 1 16. Pond on appeal to Privy Council, 1 17. Judgment of Court of Appeal, 220. Judgment of Supreme Court, 221. Notice of appeal against conviction, 237, 23S. Notice of appeal from report of engineer under Drainage Act, 233. Notice of appeal from by-law under Drainage Act, 236. Notice of appeal to Court of Ap[)eal, 232. Notice of argument of, 239. Notice of filing bond on, 253. Notice of motion to Divisional ('f)urt. 278. 27(), 280. [NDKX, 6ll Aot, Appeal — Continued. Fra'cipe to set down, 520. Reasons for, 534, S^V 'l> Reasons against, 521. Appearance Notice of entry of, 238. Notice to appear to petition of right, 239. Petition of right, to, 515. Praecipe to enter, 513. Prtecipe to enter appearance Hmiting defence, 514. Third party, 514. To warning in Surrogate Court, 105. Appointment (leneral form, 106. Allowance of bond, for, 106. Examination for discovery, for, 107. Examination of judgment debtor, for, 107. Examination of assignor, for, 108. Master's office, in, 109. Overholding Tenants Act, under, 109. Receiver, of, no. Master, by, as to incumbrances, no. Solicitor, of— Controverted Elections Act, in. Tax costs, ♦^o, 112. Arbitration Act Notice of motion to enlarge time for making award, 307. Notice of motion to set aside award, 305. Order of reference under Sec. 28, 379. Order of reference under Sec. 29, 379. Arbitrators See Akhh KA I ION An — Award. Arg'ument Notice of argument of appeal, 239. Arrest .Affidavit for order of, 28. IJond on arrest in mesne process, 118. Notice of filing bond on, 253. ( )rder for, ^i8. 61; INDEX. ^ g Arrest ( 'oiitiimcif. Order for writ of Ci7. sir., 320. Statement of claim for malicious arrest, 466. Statement of defence, malicious arrest, 469. Warrant for arrest of defLiulting witness, 546. Assault and Battery Statement of claim for, 442. Assessment and Taxes Statement of claim to set aside tax deed. 499. Assigrnments Act See ii.wKRurrcv and Insolvexcv. Affidavit of appointment of assignee for registration, 2(). Notice of contestation by assignee, 247. Attachment Affidavit for order of, 30, 31. Order of attachment of goods of absconding debtor, 319. Praecipe for writ of, 521. Writ of, 572. Attornment of tenant, 112. Auctioneer Affidavit of fitness of, 32. Affidavit of, as to result oi sale l)y, ;^2 Award Notice of motion to enlarge time for, 307. Notice of motion to set aside, 305. Bag-grag-e Statement of claim for loss of i)aggage, 486. Bail Bond to sheriff on ca. sa., 121. P)Ond to the sheriff under order for arrest, 119. Notice to defendant and sureties, 531. Order admitting prisoner to bail, 320. Recognizance of, 530. Warrant for release from custody after recognizance of. Bailable Proceeding's See Akrkst. INDEX. 613 1 ^4/ Bailment statement of claim, 442. Bank Order for winding up of, 406. Bank Manag-er Certificate of, as to payment of money, 14^). Certificate of, as to non payment of mortgage money, 147. Bankruptcy and Insolvency Advertisement for creditors, 9, 10, II. Affidavit of assignee of appointment for registration, 29. Affidavit proving claim under Assignments Act, 30. Appointment for examination of assignor, 108. Notice of contestation by assignee, 247. Notice of motion for order authorizing creditor to proceed under Assignments Acts, 289. Notice of motion to remove assignee, 282. Statement of claim by creditor to rank on insolvent estate, 454. Bills and Notes Statement of claim, 44,5. Statement of defence, 444- Cicneral defences, 444. Bill Poster Affidavit of, 25. Bond Affidavit of execution of, 47. Affidavit of justification of sureties on, 58. Appeal to Court of Appeal, 115. Appeal to Supreme Court, 116. A[)peal to Privy Council, 117. Appointment for ailowance of, 106. Arrest in mesne process, 118. Bail bond to sherilT and affidavit, 119. Bail bond to sheriff on uj. sa., 121. Interpleader, 122. JAinatic, committee of, 124. Notice of filing bond on appeal, 253. Notice of filing bond on arrest, 233. Replevin, 126. Co IS 614 INDEX. Bond — Contiii ued. Security for costs of action, 127. Sheriff by plaintiff, 12S. Sheriff by defendant, 129. Surrogate Court, in, administrator and affidavits, 131. administrator, with will, 134. guardian and affidavits, 135. Breach of Promise of Marriagre Statement of claim, 445. Statement of defence, 446. By-Law of Municipal Corporation Affidavit on motion to quash, 71. Certificate of pending action or i)roceeding attacking validity of, 139. Notice of motion to quash, 303. Order quashing, 376. Carriers Statement of claim against, for loss of baggage, 486. Statement of claim against, for deterioration of goods, 446. Statement of claim against, for non-carriage, loss and conver- sion of goods, 447. Statement of defence in action for conversion, 44S. Capias ad Satisfaciendum liail bond to sheriff, 121. Order for writ of, 320. AVritof 573, 574, 575' 576. Case Reserved Under Criminal Code, 541. Caution Affidavit verifying certificate of withdrawal of, 34. C'ertificate of withdrawal of caution under Devolution of Estates Act, 160. Devolution of Estates Act — caucion under, i3(S. Caveat In .Surrogate Court, 138. In Surrogate Court, notice of, 242. INDliX. bi. Certificate Action pending attacking municipal l)y-law, i;,9. Action dismissed— municipal by-law, 139. Allowance of security, 140. C'laim— proof of -under Creditors Relief Act, 140. Compliance with Master's warrant, 141. Default in filing accounts, 141. I'-xamination of witnesses, 142. Infants— of production of, before Master, 142. Judgment of Court of Appeal, 220. • Judgment on petition of right, 222. Lis /y('U(fi'tis, 143. //.v /"(^v/r/f'w^-, discharge of, 143. Lunacy; !)y judge, 144. Lunacy, uy medical practitioner, 144. Naturalization, 145. Non-attendance before special examiner, 145. Non-payment, by bank manager, 146. Non-payment of mortgage moneys, 147. Notary public— as to--by County Court Clerk, 147. Order of foreclosure, for registration, 148. Order affecting lands, for registration, 148. Payment of purchase money— of Accountant, 149. Payment of deposit under Controverted Elections Act, 149. Quieting Titles Ai't— of application under, 150. Quieting Titles Act— of counsel, 150. Quieting Titles Act--of registrar, 151. (Quieting Titles Act— of sheriff, 151. Quieting Titles Act of treasurer, 152. Quieting Titles Act— of title, 152. Receipt of petition under The Ontario Controverted Elections Act, 153. Records of Court -copy of, 154. Return of judgments, 154. Sheriff in lieu of return of writ, 155. State of cause, 155. Surrogate Court Registrar, on application for letters, 156. Surrogate Court Registrar, of search for will, 157. Surrogate Court Clerk, on application for letters, 157. Taxation, 158. to 5^ 616 1NI5KX. Certificate— <^ 'on finned. Trial — of officer of Court after, i57. I udgnicnt in action setting aside as fraudulent, 207. Statement of rlaim to remove forged 'deed from title, 50,^ Statement of claim to set aside tax deed, 4()9. Defence See l-KAVK \0 DkIKNI) Pl.K.\l-IN(.S. Notice limiting, 261. Objections and defences under Drainage Act, 308. Delivery of Chattels I'riccipe for writ of, 521. Writ of, 571;. Demand Demand of possession after sale by dourt, 171. Demand of possession by mortgagee after foreclosure. 171. Demurrage Statement of claim for. 449. Devolution of Estates Act Caution under, 13S. Ceitificate of withdrawal of caution imder, 160. Notice of motion for order allowing sale of land free from dower under, 304. Direction Direction of Master as to mode of advertising, 172. Direction of Master as to production of documents, 172. Direction to receive money, prx'cipe for, 517. Disbursements Affidavit of -witnesses and counsel, 42. Affidavit of— maps and plans, 44. . Disclaimer Disclaimer municipal election— before service ot notice ot motion, 172. Disclaimer municipal election - after service of notice of motion, 173. Disclaimer- Ontario Legislative Assembly - by member- elect, 173. 5^ i i (•122 INDKX. Discontinuance Jiulgincnt for (leCc'iidaiit's costs on, iHjj. Notice of", 249. Division Court Affidavit for inuiuJuimis to, 60. Affidavit for proliihition to, 70. Notice of motion for niaiulamus to, 29H. \oti<'c of motion for proliil)itioii to, 2(;(>. Order of maiidanuis to, ;^()^. Order for i)rohil)ition to, ^^75. Divisional Court Notice ot motion to, 278, 279. Notice of motion to, byway of appeal from (loiinty Court, 2S0. Order of, 311. Order of, setting aside verdict in interpleader issue, 3^)0. Discovery Affidavit on i)roduction of documents, 68, 69. Appointment to examine for, 107. Certificate of non-attendance before special examiner, 145. Direction of Master for production of documents, 172. Notice of motion for better affidavit as to documents, 281. Notice of refusal to admit documents, 251. Notice to admit documents, 250. Notice to inspect documents, 258. Notice to creditor to [iroduce documents in siip[)ort of claim, 267. Notice to produce for inspection, 208. Notice to produce documents, 266. Notice to produce documents at trial of election petition, 266. ( )rdcr for better affidavit on production, 374. Order for examination of party, 338. Order that plaintiff attend for examination and in default that action be dismissed, 339. Order for production of documents, on pr;eci]ie, 374. Dispute Notice by defendant disputing amount, 249. Distribution Order for, of moneys in C!ourt, 334. INDKX. ()2 Documents Notice of rcfiisiil lo admit, -'51. Notice of motion for iHttcr atfulavii as to, .'St. Notice to admit, 250. Notice to creditors to produce documents, 2<)-j. Notice to inspect, 2e,>s. Notice to produce, for inspection, 20S. Notice to produce, general form, 266. Notice to produce at trial of election jielition, 2hft. Dower Consent of widow to sale ol lands free from, lOy. ludgment for arrears of, on motion, 19H. Judgment for payment of, 190. ludgment of seisin for, in default of appearance, 180. Notice of motion for order allowing sale of land by personal representative free from dower, 304. Order to sell land free from dower under Dower Act, ,534. Writ of assignment of, 5S1, 5S2, 583. Drainag-e Act Notice of appeal from report of engineer, 233. Notice of appeal from by-law, 236. Objections and defences to notice of appeal, under, 30S. Order for judgment under, 361. Order referring action lo the draii\ige referee, 3S0. Statement of claim for damages for non-repair of drain, 473. Statement of defence in action for non-repair of drain, 474. Easement Statement of claim for obstruction of lights, 455. Statement of defence in action for obstruction of lights, 455. Ejectment Statement of claim, 487. Writ of possession, 595. Elecion See CONIROVKKTl'.l) MlNlCirAl iM.i:c TIONS. See CoNTKOVKUPKli I'aKI.IAMKNIAKV l*'.I.KCrK)NS. Notice of election by plaintiff that defendant conduct sale, 252. Of guardian by minor, 174. ?5 Si 624 INIMCX. r^ 1^ Examination Affidavil for, (]e bene esse, 46. Aj)[)ointnient to examine for discovery, 107. A[)pc)iiitnient to examine judgment debtor, 107. Appointment for examination of insolvent, 108. Certificate ^h non-attendance i)efore special examiner, 145. Order for commission to examine witnesses, ,^23. Order for examination dc hciie fsst', 340. Order for examination for discovery, 338. Order tliat plaintiff attend for examination for discovery, and in default that action l)e dismissed, 339. Order that defendant attend for re-examination as a judg- ment debtor, 339. Execution See Wriis. See Ai'KiDAvrrs ok l'',\Kcuriox. Certificate of sheriff in lieu of return of writ, 155. Executors and Administrators Accounis of, 2, 3, 4. Advertisements for creditors, 8, 9. Affidavit of, as to claims, 48. Affidavit of, verifying accounts, 51. Judgment construing will i\;c.,"204. Judgment against, t/r /loitis fesfaioiis, 205. Judgment against, dr />i>n/s tcstaioris as to part, 205. ludgment against, dc bonis tcstatoris (/invido tJiiiibcrint, 206. Notice to creditor to prove claim, 248. Notice to creditor that claim allowed, 248. Notice of claim against estate given in pursuance of judgment, 243. Notice of motion for order allowing sale of land bv, free from dower, 304. Writ of //. /(/. against, 585. Exhibits Certificate endorsed on exhibits at trial, 159. Certificate of exhibits put in at trial, 159. Exemplification Letters of administration, 174. Letters probate, 175. INDEX. Factories Act Statement of eliiim iiiiiler, 511. Statement of defencx*— action l)y workman for injury, 512. False Imprisonment Statement of claim for, 456. Fieri Facias Writ of, 5 S3. Writ of, residue, 591. Fire Statement of claim for damages escape of fire, 483. Fitness of Auctioneer Afliduvit of, 32. Foreclosure Certificate of, for registration, 148. Demand of possession by mortgagee after, 171. judgment for, 206. Judgment on pr;vcii)e for, 1S6. fudgment on i)raH:ipe for, with reference, 190. Judgment tlirecting reference lor, where iiifants concerned, 215. Order of, final, 341. Order for, where infants are concerned, 341. Order for sale in lieu of, 385. Report in action for, 538. Franchise Statement of claim against returning officer, 489. Fraudulent Conveyance Judgment setting aside, 207. Statement of claim to set aside, 45^). Statement of defence in action to set aside, 458, 4')o. Further Directions Judgment on, 20(). Notice of hearing on, 292. Order confirming report on, 342. Garnishee Proceeding's Affidavit in su[)[)ort of garnishee order, 56. Issue as to indebtedness, 177. Notice in lieu of garnishee order for service out of Ontario, 254 i Is 626 INHKX. 'Continued. Garnishee Proceeding's Order al)soliite, 345. Order attaching; del)ts, 343. Order calling on third person to appear and state claim, 3^4. Order directing issue between judgment creditor and garnishee, 353. Writ oty/. /(/. against garnishee, 589. Guardianship See St;RROt;ATE Court. Advertisement of application for, 16. Affidavit- oath of guardian, 104. Affidavit for letters of, 103. Bond of guardian and affidavits, 135. Election by minors of a guardian, 174. Letters of, 226. Notice of application for, 241. Notice of motion for order appointing guardian, 2S1. Petition for, 414. Habeas Corpus Notice of motion for writ of, 290. Notice of motion for discharge of prisoner on return of, 291. Order for certiorari in aid of, 323. Order for discharge of prisoner on return of, 348. Order for writ of habeas corf^Ks ad tcstifiinnduni^ 349. Order for writ of, 346. Order for writ of, and order of certiorari in aid, 347. Fnvcipe for writ of, 518. Writ of 593. Writ of ad ifstijitanditin, 594. Hig-hway Statement of claim for damages in consequence of non- repair, 475. Statement of defence of munici[)al cor[)oration — notice not given, 477. Husband and Wife See Ai.iMo.w — Markikd Woman. Notice of motion to decide dispute between, under Married Women's I'roperty Act, 293. Order dispensing with concurrence of husliand in convey- ance, 368. INDEX. 627 Husband and Wife — 6;)////////. Order directing issue between judgment creditor and garni- ^liL'e. 35,?- ' Judgrnent Administration, for, on motion, 1S4. Administration accounts, for, 1S5. Alimony, for, 195. Chattel Mortgage, setting aside, 196. Confession of defence, after, for costs of plaintiff, 183. Confession of defence, after, for recovery of land, 180. Costs of i>taintiff, for, after acceptance of money paid into Court, 184. Costs out of estate, allowing, 204. Costs, allowing set off of, 215. (]ourt of Appeal, certificate of, 220. Heed of land, setting aside, 197. Default of appearance, for money demand, 178. Default of ai)])earance or defence, for recovery of chattels, 180. Default of defence, tor recovery of land, 179. Delault of defence, for recovery of land with damages, 179. Discontinuance, on, for costs of defendant, 183. Divisional Court, of, 311. Dower, for arrears of 198. 1 )ower, for [)ayment of. 199. Dower, of seisin for. 180. JAei'utor or administrator, against, 20c, 2or». .1 630 INDlvX. I Judg-ment Ccn/imtaL iMiial jiidifmeiit iiv default of appearance or defence, after assessment of damages, 181. Foreclosure, for, 186-206. Fraudulent conveyance, setting aside, 207. Further directions, on, 20(;. Immediate judgment under Rule 603, 182. Interlocutory judgment in default of appearance or defence, 181 Married woman, against, 211. Motion for judgment, on, lyi. Motion after trial of issue, on, ic)2. Municipal election, avoiding, 201. Munici[)al election, dismissing motion to set aside, 203. Notice endorsed on office copy of, 257. Notice of motion for immediate judgment under Rule 603, 297, Order, judgment in i)ursuance of, 1S2-183. Partition or sale, for, 188. Petition ot right, on, 222. teceiver, appointing. 212. Redemption, for, 189. Sale, for, 190. Sale and reference, for, 214, 215. Specific perfi)rmance, against vendor, 216. Specific performance, agauist purchaser, 217. Supreme Court of Canada, of, allowing appeal, 221. Statement of claim to set aside fraudulent judgment. 456. Statement of defence to foregoing, 458. 'I'rial, after, 192. Trial in County Court, after, 194. Trial with a jury, after, 194. Trial without a jury, after, 193. Judg-ment Debtor See AnscoNDiNt; Dkbior (r\RNisHiiE I'rocekdincs. A[)pointment to examine, 107. Certificate of non-attendance for examination, 145. Notice of motion to commit for refusal to answer and • answering unsatisfactorily, 287. Carder that defendant attend for re-examination, 339. Jurat See Ai riDwn. INDEX. 031 Jury Judgment after trial by, 194- . • Notice for, 259. Notice of motion to Divisional Court when jury fail to agree, 278. Order of Divisional Court settint^ aside verdict at trial m inter[)leader issue, 360. Order striking out jury notice, 362. Wr'W. ol Tcniir fncias Jiinitorcs, (^o^,. Landlord and Tenant Affidavit for api)ointment under Overholding Tenants Act, 65. Affidavit by landlord under Rule iSo, 60. Affidavit of service under Overholding Tenants Act, 78, 79. Appointment under Overholding Tenants Act, 109. Notice to tenant to pay rent under Settled Instates Act, 272. Notice to tenant to attorn to receiver, 272. Notice to tenant under Overholding Tenants Act, 272.^ Order for writ of possession under Overholding Tenants Act, 370. Leave to Defend Order for, unconditional, 330. Order for, on part payment into Court, 330 Order for, on payment into Court in full, 331. Letters Letters of administration, 22^,. Letters of administration with will annexed, 223. Letters prohatc, 224. Letters double probate, 225. Letters of guardianship, 226. Libel Notice of motion to consolidate actions of, 288. Notice to publishers under i,ibel Act, before action. Statement of claim— action against newspaper, 465. Statement of defence -general defences, 465. 2O0. Life Insurance Statement of claim on policy, 492. Statement of defence and counterclaim, 464. 5ai IS 632 INDEX. Light Statement of claim for obstruction of, 455. Statement of defence in action for, 455. Limitations Statenienl of defence of Statute of Limitations, 466. Liquidator See \\'iM)iM;-ri'. Lis Pende. s Certificate of, 145. Certificate of discharge of, 143. Certificate of pending action attacking validity of municipal by-law, 139. Certificate of dismissal, 139. Lunacy Affidavit for declaration of, 59. Bond of committee of lunatic, 124. Certificate of Judge as to, 144, Certificate of medical practitioner as to, 144. Order declaring a person a lunatic, 362. Order directing reference to appoint committee of lunatic, 363. Order superseding lunacy order, 364. Petition to declare a person a lunatic, 419. \\'arrant to produce lunatic, 54S. Malicious Arrest Statement of claim in action for, 466. Statement of defence in action for. 469. Malicious Prosecution Statement of claim, 469. Mandamus Affidavit for, 60. Notice of motion for, 10 Division Court, 29S. Order of, to Division Court, 365. Married Woman .See Ai.iMONV -Misr.AND and Wife Judgment against, for payment ot money, 211. Writ of/./rt. against, 583, 585. ixnKx. f-i 1 1 ".>j )al o' Married Women's Property Act Notice of motion to decide disjjute l)et\veen husband and wile, Married Woman's Real Estate Act (Jrder dispensing with concurrence ol husband in convey- ance under, 36S. Master and Servant Statement of claim under Factories Act and Workmen's Com- pensation for Injuries Act, 511. Statement of defence action by workman for injury, 512. Statement of claim for wrongful dismissal. 470. Masters Office. See Account Mok k.ack --Rr.i''^''n -Saik. Affidavit proving claim in, 37, ;yS, 39, 40. Appointment, 109. Appointment on reference as to incumbrances, 110. Certificate of bank manager, 146. 147. Certificate of compliant e with warrant, 141. Certificate of default in filing accounts, 141. Certificate of examination of witnesses in support of petition, 142. Certificate of foreclosure order, for registration, i4cS. Certificate of production of infants, 142. Contempt in, notice of motion to commit for, 288. Direction of Master for advertising, 172. Direction of Master for production of documents, 172. Notice to creditors to produce documents, 267. Notice to creditor to prove claim, 248. Notice to creditor that claim allowed, 248. Notice demanding possession, 265. Notice of delivery of possession, 265. Notice of filing accounts, 252. Notice to incumbrancers, 255. Notice of motion to commit for contempt for not filing accounts, 2SS. Order for distribution in pursuance of Master's report, 334. Order confirming report, 321'). Report in administration action, 535. 634 INDEX. Misrepresentation Statement of claim. 4O0. Statement of defence, 461. Motion Order on, adjourned from Cliaml)ers into Cloiirt, ^S^. Order dismissing, ^^33. Motion for Judg-ment Judgment on, 191. Judgment on motion after trial of issue, 192. Motion Paper On ap[)lication for [jrohihition to magistrate, 228. On application for rule nisi, 228. Mortg-ag-e Affidavit of non-payment ot, 61. 62, 63. Certilicate of hank manager as to non-payment of, 147. Consent of mortgagee to sale of mortgaged lands, 169. Demand of possession by mortgagee, 171. Judgment on pnxicipe for foreclosure, 1S6. Judgment for foreclosure, 206. judgment on pne.'ipe for sale or foreclosure with reference, 190. Judgment directing reference for sale or foreclosure where infants concerned, 215. Order allowing mortgage of infants' lands, 350. Order for delivery out of Court of mortgage for suit, 332. Order for discharge of, 36S. Order for reconveyance of mortgaged premises in action for redemption, 369. Statement of claim to have absolute deed declared a mort- gage, 471. Municipal Corporations SeeCoN IRON I'-RlKli MUMCll'AI. ELKCriONS — DkAlNAdE Ac.i. Affidavit on motion to (juash by-law, 71. Affitlavit of justification of sureties in recognizance to ([uash by-law, 527. Certificate of pending action attacking by-law, 139. Certificate of dismissal of action, 139. Notice of motion to quash by-law of, 303. Notice of motion to set aside municipal election, 305. INUKX. .in Municipal Corporations-~C'w^//////^(v/. Order ([Hashing hy-law of, .^J'l. Recogiii/.anco on application to (iiiasli hy-law. ^j'l. Statement of claim for damages for non-repr.ir ol drain, 473. Statement of defence to foregoing, 474. Statement of claim for damages defective highway, 475. Statement of defence to the foregoing, 477. Naturalization Certificate of, 145. Negrligrence Particulars, order for, in action for negligence, 371. Statement of claim, negligence of carriers. 44C). Statement of claim for negligent driving, 4S2. Statement of claim by workman against emi)k)yer, 511. Statement of defence to the foregoing, 512. Next Friend Notice of motion to apjioint, 299. Non-appearance Affidavit of, 63. Notary Public Certificate as to, hy County Court Clerk, 147. Notice Acceptance of money paid into Court, of, 229. Accident, of, under Nlunicipal Act, 230. Accident, of, under Workmen's Compensation for Injiirics Act, 230. Action, of, 231. Admission of title of claimant to goods, of, 232. Appeal to Court of Appeal, of, 232. Appeal from report of engineer under Drainage Act, of, 233. Appeal from by-law under l)raina^,e Act, of, 233. Appeal against conviction or order R.S.O. 1897, Chap. 92, of, 237. Appeal against conviction or order R.S.O. 1897, Chap. 90, of, 238. Appearance, of entry of, 238. Appear to petition of right, to, 239. Application for administration, of, 240. Is Notice Cinilinin'il. .\|)|ili(';itii)n li)r adniinistration with will aiiiiL'XL'd. of, 240. A|)iili<'ati()ii for letters of giiardiatishii), of, 241. .\|)|)lication for prot)ale, of, 241. Ar^unuiit of a|»|)cal, of, 2^(). Assent or dissent, of, 242. Caveat, of, 242. rh(M|iics ready, that, 24,^ Claims against estate of deceased person, of, 24,;. Creditors Relief .Act, to he served with claim under, 244. Claim, of, by sheriff, 245. Confession of action, of, 246. Coniession of defence, of, 246. Contestation, of, by assignee, 247. Contestation of scheme of distribution, of, 247. (!re(htor, to, that claim allowed, 24S. Creditor, to, to prove his claim, 24(S. Discontinuance, of, 249. Disputing amount. 249. Documents, to admit, 250. I )ocuments, of refusal to admit, 251. Documents, to inspect, 258. I'ylection, of, tluit defendant conduct sale, 252. I'"iling accounts and affidavit, of, 252. I'iling bond on appeal, of. 253. Filing bond on order for arrest, of, 253. (larnishee order, of, for service out of Ontario, 254. Incumbrancers, to, 255. Indorsement on defence, served on third l)arty, 256. Indorsement on office copy of judgment, served u -der Pules 203 and 219, 256. Indorsement on ot'lice co[)y served under Rules 65(1 and 660, Indorsenv .It on order, adding parties, 257. Indorsement on petition, 25iS. Intention of petitic^ner to ai)[)ly for leave to withdraw petition, 259- jury, for, 259. Levy of, by sheriff, 260. Libel, notice to publisher of, 260. INDKX. <\^7 Liinilini; tk'i'ciict.', 2f)\. ( )r(lcr, ol, uttiuhiiig dcl)ls clue to al)hn for leave to witlulraw, 201,. Petition, |)resentation of election, 204. Possession, demanding, hy purchaser, 2O5. I'ossession, of delivery of, 265. Presentation of petition, of, 262. Prochue documents, to, 26O. Produce documents, to, at trial ol election pelitmn, 26(1. i'roduce documents, for creditors, to, 2^)7. Produce for inspe<'lion, to, 2f)S. (Jiiictiiig Titles Act, notice under, 268. Renewal of writ, of, 261;. Setting down, of, jOi;. •Settled f'-states .\< t. notice under. 270. Surcharge, of, 271. 'I enant, to, 272. Tenant to attorn, to, 272. 'i'enant, to, under ()\erholdiiig Tenants Act, 272. Third party, to, 27;,. 'I'rial, of, general, 274. Trial, of, Toronto iion jury sittings, 275. rial, ol, uiu ler The ( )iUario (lontroverted I'lections Act, 275. Notice of Motion Administration judgment, for, 281. Altidavil on production, for better, 2cSi. Assignee, to remove, 2.S2. Certiorari, for ortler of, 2X;,. Certiorari, for writ of, 28;,. Certiorari, for writ of, another form, 285. Certiorari, for writ of, to informant, 2H5. ("ertiorari, to ipiash writ of, 286. Chambers, in, 276. Committal of judgment debtor, lor, 287. Committal for contempt, for, 288. Consolidate actions of libel, to, 288. I I 1% 638 INDEX. Notice of Motion— Co////)//tr(/. Cloiirt, to, 27S. (Tcditor. autliorizini;, to proceed, 2S9. Divisional Court, to, 278-279. Divisional Court, to, by way of a|)peal, 280. I'iles, to take proceedings off, 292. I'^irlher directions, on, 292. Hal teas corpus, for writ of, 290. Habeas corpus, for discharge of prisoner, on return of, 291. Husliaiid anil wife, to decide dispute as to title l)etween, 29^. Infant, for custody of, 293. Injunction, for, general, 294. Injunction, for, against distraining, 294. Injunctioi:, for, restraining partners, 295. Injunction, for, to restrain felling of timber, 295. Injunction, for, to restrain infringement of trade mark, 295. Injunction, for, to restrain erection of wall, 296. Injunction, for, to restrain [)ollution of water, 29^). Injunction, to dissolve, 296. Interim alimony, for, 297. Irregularity, to set aside [proceedings for, 297. Judgment, for final, 2(;7. Mandamus, for, 298. Next friend, to appoint, 29(1. Payment into Court, to com[)el, 300. Payment into Court, to dis[)ense with, 301. Possession for delivery of, 302. Postponement of trial, for, 301. Prob.ibition, for, 299. Purchaser, for comi)ensaiion to, 302. (^uash by-law, to, 303. Sale of land by personal representatives, for, 304. Set aside an , ward, to, 305. Set aside municipal election, to, 305. Stop order, to discharge, 30O. Time for making award, to extend, 307. W'udors and Purchasers Act, under, 307. Objections To taxation of costs, 309. To notici' of appeal under Drainage Act, ;,o8. •:^ INDKX. 639 OfTicial Referee Order extending; time for makin- report of, .v/;. Order Administration, for, where accounts taken before the judge, 3' 2' Administrator (/. Consolidating actions, ^,2(1. Contestation of claims, on. under Creditors Relief A(-t, 327. Continue i)roceedings, to, issued en prx.'ipe, 32S. assignment, 32S. insolvency. 328. , lunacy, 329. marriage, ^^2^.). Conviction, quashing, 329. Court, general form, 310. Delivery, for, out of Court of mortgage for suit, 332. Discharge or vary order, to. 332. 1 )ismissiiig motion generally. yi,s- 1 )ismiss, to, ff>r want of prosecution, 333. Distribution of moneys in Court in pursuance ol Master's report, for, 334. Cr IS- (')4o INDKX. Order ('on/iimcd. I)ivisional Court, of, :;ii, ^^60. Dower, to sell free from, under '('he Dower Act, t,t^^. l'".lection trial, for witness to attend, _^J58. ICxaniination for discovery, for. ^^^S. Examination for discovery for, i)]aiiitiff to attend, or in default action to i)e dismissed, ^^cj. I'Aamination for, that defendant attend for re-examination as a judt^ment debtor application to commit, ^39. Examination, for, of witnesses before trial dr /'(■iir fsst\ 340. Fiat endorsed on nf)tice of motion to set aside a municipal election, _:;j;5. I'oreclosure, linal order of, 341. I'^oreclosure or sale, for, where infants are concerned, 34 [. further directions, confirming re|)ort and disi)ensing with |)ayment in : also vesting order, 342. Ciarnishee order attaching debts, 343. (larnishee order calling on third jierson to ajipear and state claim, 344. Ciarnishee order -Inial, 345. Habeas (;or[)us, tor writ of, and writ of certiorari in aid, 34'!. ilabeas corpus, for writ of, and order tor certiorari in aid, ?>V,- Habeas corpus, for discharge of prisoner on return of. 34S. Habeas corpus ad tistifiiandmn, for writ of, 34(). Infant, allowing mortgage of lands of, 350. Injunction, interim, against removing buildings, 351. ' Injunction, contuuiing until trial, against transferring promissory note. 35 1. Injunction, continuing until trial, against felling timber, 352. Issue, directing, between judgment (Teditor and garnishee. Issue, for trial ol, on motioii to set asitlc municipal election, Interi)leader order, directing sale and api)lication ot proceed^ thereof, 354. Interpleader order, directing sununary trial, 355. Interpleader order, directing sale of goods or taking of serurity therefor and directing trial of issue, 356. Interpleader order, substituting new claimant to goods seized, 35S. INDIiX. 641 Interpleader order, on application of sheriff, claimant not appearing, 359. Judgment, for, under NTunicipal Drainage Act, 361. jury notice, -striking out, for irregularity, 362. r.eave to defend, for, unconditional, 330. 1 ,eave to defend as to part, for, 3 ^o. Leave to defend on payment into Coun, for, 331. Lunacy, declaring a person a lunatic and directing reference to appoint a committee, 363. Lunacy, sui)erseding lunacy order, 364. Mandamus, of, 365. Master's report, on appeal from, 366. NLaster's report, on a))peal from, and referring report back to ,\[aster for amendment, 366. Master's report, on ap[)eal from, and directing further hearing of evidence, 3O7. ^Larried woman, dispensing with concurrence of husband in conveyance; under The Married Woman's Real Estate Act, 368. Mortgage, for discharge of, 368. Mortgage, for reconveyance of mortgaged premises in action for'redemption, 369. Municipal election, avoiding, and disqualifying opponent, 336. Overholding 'i'enants Act, for writ of possession, 370. Particulars, for, 371. Particulars, for, accident case, 371. Particulars, for better, 372. Partners, for names of, 373. Production, for -issued on praecipe. 374. Production, for better affidavit on, 374. Prohibition, for. 375. (Juashmg by-law of municipal coiporation. 376. Receiver, for, of rents and profits />(•;/, Av/A' ///,■, 376. Receiver, arii>ointing interim, 377. Receiver, aiipoinling. 377. Reference, of, under sec. 2S of The Arbituvtion Act, 379. Reference, of, under sec. 29 of 'I'he Arbitration Act, 379. Reference, of, under The .\Iunici;ial Drainage Act, 3S0. Removing cause from Surrogate Court to High Court, 380. Renewal of writ of summons, for, 3S1. 5^ 642 INDlvX. Order— ('o////n//i'(/. Replevin, of, 382. Representation, of, of next of kin and beneficiaries, 383. Sale, final order for, foreclosing incumbrancers, 384. Sale, for, under Rule 379 in lieu of foreclosure as directed by judguient, 385. Sale, for re-sale on default and payment of deficiency, 3S5. Security for costs, for, issued on pnecipe, 386. Service out of the jurisdiction, for, 387. Substituted service, for, by mailing, 388. Sui)stituted service, for, by advertiscmeiu, 388. Settled Instates Act, under, 389. Solicitor, changing, issued on pr;vcipc, 39-'. Solicitor, calling on, to answer affulavits or be struck off rolls, 392. Stop order, 393. Sul)p(ena for service in the Province of aud claim— to set aside conveyance, 456. Fraud defence to foregoing, 45S. ^ Fraud— defence to foregoing, 460. Fraud— claim— misrepresentation, 460. Fraud defence, 461. Fraud— defence— Statute of Frauds, 462. Ceneral forms reply, 43')- reply to defence and counterclaim, 439. statement of claim, 437. notice in lieu of, 437. statement of defence, 438. statement of defence and counterclaim, 438. Insurance claim on policy of life insurance, 462. Insurance- defence to foregoing, 464. Libel-claim— against publisher of newspaper, 465. Libel -general defences, 465. 1 .imitation of actions defence of statute, 466. Malicious arrest claim, 466. Malicious arrest -defence, 4^19. Malicious i)rosecution ilaim, 469. Master and servant— claim— wrongful dismissal— 470. Mortgage- claim to have absolute deed declared a mort- gage, 471. . . Municipal corporation- claim -non repair ot dram, 473. Municipal corporation defence to foregoing, 474. Municipal corporation claim— non-repair of highway, 475. Municipal corporalitMi defence to foregoing, 477' Nuisance claim penning back water and lloodmglands,477. Nuisance claim polluting water, 478. Partnership -< hum dissolution of, 479. Cl; S 646 INDKX. Pleading's ('"u/iiinrd. Patent— claim intViii^enient of, 4S0. I'tTsoiial injiiries^claiiu -negliij;ent driviiii;, artion hy hushand and wife, 482. rroinissory notes— See Uii.i.s ok Exch.\ni;e. Railway company claim nei^liticnce, e.sca[)e of fire, 4S^. Railway company — defence to foregoing, 4S5. Railway com])any claim personal injury, 4S5. Railway company claim — lost baggage, 4S6. Recovery of land — claim, 4S7. Replevin claim, 487. Replevin defence — cattle damage feasant, 48S. Replevin — defence — rent in arrear, 488. Returning officer — claim — preventing voter from voting, 489. Sale of goods claim goods sold, 490. Sale of goods — defence to f )regoing, 491. Sale of goods - claim— breach of warranty, 492. Sale of goods— defence -inferior quality, 493. Slander — claim, 493. Slander — defence— vulgar abuse, 494 Specific performance— claim -agreement to purchase lands, 494. Specific performance defence to foregoing, 495. Surrogate Court pleadings : administration claim, 496. defence, 497. probate -claim. 49^^). defence, 498. revocation of administration— claim, 497. revocation of probate -claim, 497. Tax deed- claim to set aside, 499. Title to lands claim to remove cloud, 503. Trade mark —claim infringement and damages, 504. Tresjiass to goods — claim, 508. Warehouseman— claim — action for storage, 508. Waste -claim lo stay. 509. \\'ill— claim to construe, 510. \\'orkman -claim — negligence I'actories Act, 511. \\\)rkman defence to foregoing, 512. INOKX. (Ml Policy of Insurance Statement of c'aiin, 462. Statement ol defence, 4(>4. Pollution of Waters Statement of claim, 47'^- Possession Demand of. 171. Notice of motion for delivery of. 30J. I'ra'cipe for writ of, 522. Writ of, 595. Praecipe Appearance, to enter, 513. Appearance, to enter, in action for land, limitinL; defence, 514. Appearance, to enter, by inirty served with third party notice, 5t4- Amend, to, 515. (Cheque, for. 516. Commission for, to examine witnesses, 516. Direction, for, to the Ixink, 517. Firri facias, for writ of, 517. /Fa/xas < 01 pus ad tcstijicaiuhnn, for writ of, 51.S. Renew writ of summons, to, 518. Search, for, 519. Set down, to, for argument generally, 519. Set down special case, to, 520. Set down appeal, to, 520. 'I'rial, to enter for, 519. I'r/hUtioni exponas, for writ of, 520. Writ of attachment, for. 521. Writ cf delivery, for. -chattels, 521. Writ o{ fieri facias, for, 517. Writ of Iiabens corpus, for, 51S. Writ ot possession, lor, lands, 522. Writ of se(iuestration, for, 522. Writ of summons, to renew, 5 iS. Writ of vdi. ex., for. 520. Postponement Order postponing trial, 400. S3 I s IS 648 INIJEX. Privy Council liontl on ajipcal to, ) 17. Probate See SuRKOdAiK CoiRi. Advertisement of applieation tor, where testator resides out of Ontario, 15. Affidavit of death, place of al)ode Occ, 95. Affidavit of execution of will, 95, 96. Affidavit of executor, 97, 98. Affidavit of plii,'ht, 100. Affidavit of \alue, 102, 103. Exemplification of, 175. Letters of, 224. Ix'tters of— doul)le probate, 225. Notice of application for, 15, 241. Order for grant of letters, 395. Petition for, 413. Renunciation of, 532. .Statement of claim for, in Surrogate Court, 496. Statement of defence to claim for, in Surrogate Court, 491s. Statement of claim for revocation of, 497. Production of Documents Affidavit on, 68, 69. Notice to produce, general form, 266. Notice to produce at trial of election petition, 266. Notice to creditors to produce documents, 267. Notice to produce for inspection 268. Notice of motion for better affidavit on, 281. Order for, 374. Order for better affidavit on production, 374. Proliibition Affidavit for, 70. Notice of motion for, to Division Court, 299. Motion paper on api)licatioii for prohibition to magistrate, 228. Order for, 375. Publication Affidavit of, 2v INHRX. 649 Purchase Money Certificate of payment into Court, 14c). Consent dispensing with payment of purchase money into Court, 168. Quashing" By-law Affidavit on motion for, 71. Notice of motion to ([uash by-law of municipal corporation, 303. Order (luashing by-law of municipal corporation, 376. Recogni/ancc on application to quash by-law, 526. Quashing- Conviction See CoNvicnoN— llAi'.EAs Couptrs -Ceriiorakk r>ill of costs on, 113. Order absolute, 329. Quieting- Titles Act Adverse claim, 161. Advertisement for claimants, 14. Affidavit verifying adverse claim, 72. Affidavit as to Crown debts, 72. Affidavit in support of petition, 73. Affidavit proving possession, 75. Certificate of application, 150. Certificate of counsel, 150. Certificate of registrar, 151. Certificate of sheriff, 151. Certificate of treasurer, 152. Certificate of title, 152. Consent by adverse claimant, 167. Conveyance by High Court, 170. Notice to parties interested, 268. Petition under, 431. Quo Warranto See CONTROVKKTKII MfNlCIl'AI. El.KCTIONS. Railway Company Statement of claim for lost baggage, 486. Statement of claim for escape of fire from defective engines, Statement of defence, 485. Statement of claim for personal injuries in railway accident, 485- ^, IMAGE EVALUATION TEST TARGET (MT-3) 9 ^ // /. «- 7, 1.0 I.I 14^ 1 2.8 |J0 "^ :^ lis lllllio 2.5 2.2 Hiotographic Sciences Corporation 1.8 11-25 III 1.4 11.6 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 k I :3 I ^ i 650 INnKX. Reasons For appeal, 523. Against appeal, 523. Receiver Account of, 5. Affidavit of fitness of, 7^\ Affidavit verifying account of, 76. Appointment of. no. Attornment to, 112. Judgment ai)pointing receiver ot partnership assets and directing inquiries, 212. ^ Notice to tenant to attorn to, 272. Order for, 376. Order appointing interim receiver, 377. Order appointing, 377. RecogTiizance Affidavit of execution of, 48. .\ffidavit of justification of sureties in, on application for certiorari, 529. Affidavit of justification of sureties in, on ajiplication to (piash by-law, 527. Affidavit of justification of sureties in, on application to set aside municipal election. 525. Hail, of, 530. Hy-law, on application to (juash, 526. Certiorari, on ai)plication for writ of, 528. Miinici])al election, on application to set aside, 524. Notice to defeinlant and sureties in, 531. Quo warratito proceedings, in, 524. Records Certificate of copy of records of C!ourt, 154. Recovery of Land Judgment in default of ai>pearaiice, 179. I^efence, 179. Statement of claim, 487. Redemption Judgment on pnvcipe for, 189. Order for reconveyance of mortgaged premises, on, 369. Statement of claim for, 471. INDHX. 65 « and for n to )n to Reference Order extending time for making report, 399. Order of, under sec. 28 of Arbitration Act, 379. Order of, under sec. 29 of Arbitration Act, 379. Order of reference of action to Drainage Referee, 380. Order directmg reference to appoint committee of lunatic, 363. Renewal Notice of renewal of writ of //. fa., 269. Order for renewal of writ oi summons, 381. I'raicipe for renewal of writ of summons, 518. Renunciation Affidavit of execution of, 100. Administration, of, 533. Probate, of, 532. Replevin Affidavit for order of, 77. Bond in replevin and assignment of bond, 126. Order of, 3S2. Statement of claim, 487. Statement of defence -cattle damage feasant, 48H. Statement of defence— rent in arrear, 488. Reply See l'i,E.\i)iN(.s. (leneral form, 439. . Report Administration action, in, 535. Mortgage action, in, 53S. Order confirming, 326. Order t:onfirming, on further directions, 342. Order for distribution of moneys in pursuance of, 334. Order dismissing appeal from, 366. Order referring back to Master for amendment, 366. Order on appeal directing further evidence, 367. Order extending time for making, 399. Sale, on, 54°- Representation Order for, of next of kin and beneficiaries, 383. 652 INDEX. Reserve bidding Affidavit for fixing, 77. Reserved Case Under Criminal Code, 341. Residence Oath of, 27. ■ Return " Certificate of return of judgment, 154. Certificate of sheriff in lieu of return of writ, 155. Returning' Officer Statement of claim against, for preventing plaintiff from voting, 489. Revivor See CoNTiNUiNt; Prockedinos. Rule Nisi Motion paper on application for, 22S. (^uash conviction, on motion to, 542. Sale See Venuor and Purchaser. Advertisement of, 17. Affidavit for fixing reserved bid, 77. Affidavit of fitness of auctioneer, 32. Affidavit of auctioneer as to sale, 32. Certificate of Accountant of payment of purchase money into Court, 149. Conditions of, 166. Consent of adult parties to, 168. Consent of mortgagee to sale of mortgaged lands, 169. Consent of widow to sale of lands free from dower, 169. Demand of possession after sale by the Court, 171. Direction of Master for advertising, 172. Final order of, 384. Judgment for, 188. Judgment directing reference for sale or foreclosure where infants are concerned, 215. Judgment on pnecipe for, 190. Judgment for sale of mortgaged lands where infants are concerned, 214. INDEX. 653 Sale — Coiitinui'd. Notice dcniaiKlin^; possession of lands sold i)y the C!ourt, 265. Notice of delivery of possession of lands sold by the Court, 265. Notice of election that defendant conduct sale, 252. Notice of motion for compensation by purchaser of lands, 302. Notice of motion for order allowing sale of land by personal rei)resentatives free from dower. 304. Notice of motion for delivery of possession of lands sold by the Corrt, 302. Notice of motion to dis[)ense with payment of purchase money into Court, 301. Notice of motion to compel payment into Court of purchase money, 300. Order for, final, 384. ^ Order for sale in lieu of foreclosure, 3S5. Order for resale on default of i)aymeiU of purchase money, Order for sale of lands to realize arrears of almiony, 315. Order for sale of lands free from dower under Uower Act, 334- Petition for sale of infant's lands, 414. Report on, 540. Sale of Goods Statement of claim for price of goods sold, J ^o. Statement of defence to the foregoing, 49» Statement of claim for breach of warranty, 492- Statement of defence, uiferior (piality, 493- Satisfaction Piece 1 nnn of, 543. ^ Scandalous Prococdings Notice of motion to take off the files, 2i)2. Search I'necipe for, 5i(). » Security for Costs See 1U>N1>. ( )rder for security for costs of action on pr.\,'cipe. 3S6. Sequestration Pnvcipe for writ of, 522. Wr.t of. 5(/). 654 INDICX. •<»ik Service AtHulavit of, 78, 79, 80. Order for siihstitutional service by mailing, \M. Order for siihstitutional service by advertisement, v^'^- Service out of Ontario Order for, 387. Notice in lieu of garnistiee order for, 23 j. Notice in lieu of writ of summons for, 551. Subpiena for service in (Quebec. See St i!r(KN.\. Writ of summons for, 550. Set-off Judgment allowing set-off of costs, 215. Setting- Down Notice of setting down special case, 2(hj. i'r.necipe to set down for argument, 319. I'rojcipe to set down special case, 5. ?o. I'rajcipe tf> set down ajipeal, 520. ' Settled Estates Act Advertisement under, 18. Notice of assent or dissent under Rule 974, 242. Notice to tenant to pay rent, 272. Notice |)ursuant to Section 25, 270. Order under, 389. Petition imder, 432. Sheriff IJond of indemnity to sheriff by plaintiff, 128. IJond of indemnity to sheriff by defendant, 129. Certificate of, in lieu of return of writ, 135. Notice of levy by, under Creditors Relief Act, 260. Notice by sheriff of claim to goods taken in execution, 245. Slander See I-iiiEl.. Statement of claim for, 493. Statement of defence— vulgar abuse, 494. INDI'X. 655 Solicitor Older changing, 593. Order railing on solicitor to answer charge of retaining moneys, 392. Order to tax hill of costs on application of client, 395. ■ Ortler to tax hill of costs on a[)plication of solicitor, t,i)^. Order for delivery and taxati(in of solicitor's hill, 596. Order to tax solicitor's hill after action hroiight, 396. Special Case l'"orin of, 544. Notice of setting down. 260. I'ra'cipe to set down, 520. Special Indorsements See Wkir oi- Simmons Indoksi^mi-.n is. l'"orins of, 557. , , Specific Performance Indgmeiit in favour of p'-rcliaser, 216. Judgment in favour of vendor, 217. Statement of claim, 494 ("icneral defences, 495. , ' State of Cause Certificate of, 155. Statement of Claim See Pi.KADiNcs. (leneral form, 436. Notice in lieu of, 437. Statement of Defence See l'i.r..\i)i,N(.s. (leneral form, 438. * Statute of Frauds Defence of, 462. Statute of Limitations Defence of, 4A6. Stop Order Form of, 393. Notice of motion to discharge, 306. Affidavit for, Si. 65<^> ' INOKX. SubpoBna At'tidavit for issue of, to I'roviiKX' of (^iiol)ec, 83. Order for sul)p(ciia for service in (J>uel)ec, ^94. Order for sul)[)rder removing cause from Surrogate Court into High Court, 380. Petition for administration, 410. Petition for administration with will annexed, where no executor appointed, 411. Petition for administration where executor renounces, 412. Petition for letters of guardianship, 414. Petition for probate, 413. Renunciation of administration, 533. Renunciation of probate, 532. Statement of claim for administration, 496. Statement of claim for probate, 497. Statement of claim for revocation of administration, 497. Statement of claim for revocation of probate, 497. Statement of defence -administration, 497. Statement of defence-probate, 498. \\ arning to caveat, 545. Si 2i I r^ te O58 INDEX. Taxation Sec Cds I s. Appoininient to tax costs, 1 1 j. ( '(.'rtificate of, 158. 01 sections to, ^^09. Order to tax solicitors l)ill on application of client, 395- Order to tax solicitor's hill on ap|)li(ation of solicitor, 395. ( )r(ler for delivery and taxation of solicitor's hill, 396. Order to tax solicitors hill after action hroiight, 396. Tax Deed Statement of claim to set aside, 499. Tender to Purchase Lands I'orm of, 544. ' Third Party Judgment against, 397. Notice indorsed on defence and counterclaim to he served on, 256. Notice to, 273. Order that defendant he at liherty to issue third party notice, 397- Order of directions, 398. Title See (^uiKTiNd Titles Aci. Notice of admission of, 232. Statement of claim to remove cloud on, 503. Trade Mark Statement of claim for infringement of, 504. Trespass Statement of claim for, 50S. Trial Affidavit on motion to postpone, 83. Certificate endorsed on exhihits at, 159. Certificate of exhihits put in at, 159. Judgment after trial, 192, Judgment after trial hy Court without a jury, 193. Judgment after trial with a jury, 194. Judgment after trial of High Court action in County Court, 194- iNni:\. t>^i> Trial Confinuai. , > - . Notice of motion to postpone, .^01. Notice of trial, general, 274. ' Notice of trial at Toronto non-jiiry sittings, 275. Notice of trial iiiuier (Controverted Elections Act, 275. ( )rcler changing place ol' trial. 403. Order for trial of action in County Court, 400. Order postponing, 400. Order for trial of issue on motion to set asiile municipal election, ^36. I'necipe to enter action for, 519. Trustee See I'A'Kci'TORs wn Adminisi i< \ roKs. ' Account of, I. Affidavit on motion for advice, S7. Affidavit of fitness of, 90. Affidavit l)y mortgagees for leave to [)ay surplus moneys into Court, 85. Affidavit verifying accounts of, 51. Consent of, to act, 170. Order removing, and directing reference to appoint new trustee, 401. Order allowing trustee to pay trust moneys into Court, 402. Order vesting personalty in, 404. Trustees Relief Act .See 'rRrsiKK. Affidavit for leave to ]iay surplus mortgage moneys into Court, 85. Order allowing t, istees to pay trust moneys into Court, 402. Venditioni Exponas I'necipe for writ of, 520. Writ of, 601. Writ of, for part, andyir". /,.)lvent and a|)poiMting interim liquidator, 407. Petition for winding up comi)any, 434. Withernam Order of, 407. Witness See KxAMiNAiioN— Sriii'ii.NA. Order to bring up witness in criminal custody, 408. Writ of habeas corpus ad tfsfificafiduin, 594. * Worlcmen's Compensation for Injuries Act Notice of ac('ident under, 2^,0. Statement of claim under, 511, • Statement of defence, 512. Writ See Okmkk. Attachment of the person for contempt, 572. Capitis ad satisfaiic>i,/ii III ona judgment for plaiiitid where defendant has not previously been arrested, 573. Capias ad satisfaciciidiiiii on an order for payment of money, 574- Capias ad satisfacit'iiduiii on an order for i)ayment of money and costs, 575. Capitis ad satisfacicuduiii on a judgment (where defendant has been previously arrested and has given security) to (ix the liability of sureties, 576. Certiorari -general, 577. Certiorari — to remove conviction, 578. I )eliveryx)f chattels, of, 579. Delivery of chattels, of, to levy the assessed value of the chattels, 580. Dower, assignment of, 5S1. 662 INDEX. ra Writ Continued. Dower, assignment of, wliere the riglit of dower is acquiesced ill, 582.^ //W/'/rt^r/f/j-— general form, 582. Fieri facias against a married ivoman and another, 585. J'ieri fiiiias against an executor or administrator, 585. Fieri facias on a judgment or order for costs, 587. fueri facias for costs of defendant, 58S. Fieri facias against a garnishee, 589. Fieri facias against defendant for relator's costs, 590. /'iWv /(?(7'(?,s- to make residue, 591. Habeas corpus, general, 59,^ Jlobeas corpus ad tcstificantiidii. 594. I'ossession of, 595. Sequestration, of, 596. Subp(ena ad testificandum (general form), 597. Suhpcena duces tecum (genera! form), 598. Suhptena ad testificandum at assizes, 599. Subpcena duces tecum at assizes, 600. Summons, r 1, general, 549. Summons, of, for service out of Ontario, 550. notice in lieu of, 551. Venditioni exponas, 60 1 . Venditioni exponas, for i)art and Jieri facias residue, f)02. Venire facias fura tores, (104. Writ of Fieri Facias Costs, on order for, 587. Costs taxed to defendant, for, 588. Executor or administrator, against, 585. Garnishee, against, 589. (ieneral form, 583. Married woman, against, 585. Municipal election, against defendant for costs of relator, 590. I'n-ecipe for, 517. Residue, to make, 591. Writ of Summons Affidavit of service of, 81. l''orm of, 549. IN'OKX. 003 Writ of Summons- r^'///'/////tv/. Indorsements on : character of parties, 5^7. costs, 560. damages, 560. equitable relief, 56S. money claims, 553. special endorsements, 557. Notice in lieu of writ for service out of Ontario, 551. Order for renewal of, 3cSi. I'riiecipe to renew, 518. Service out of Ontario, for, 550.