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Now preparing for the press, " A Manual of the Registry Laws affecting Lands in Upper Canada, with the principal cases decided in our own Courts, &c., with Forms for practical use and copious Index." By the same author. H. ROWSELL. Preparing for the press, " A CompreJienaive Lidex of the Uti' repealed Acta relating to CoMwfy Courts, combined with « The Counti/ Courts Procedure Acty 1856/ " By the same author. ^ This Index will be prepared after the model of the one in the opposite title page. H. ROWSELL. ■ i \ SYNOPSIS IK XUI f OEM 07 A COMPREHENSIVE INDEX Agent, ^rtffageSf BLL. or TUE COMMON LAW PROCEDURE ACT, 1856) AKD Irt/Laws al cases lical use ELL. THE COMMON LAW PROCEDURE ACT, 1857, COMBINED. the Uti' th « The uhor. e one in ;ell. ■ \ BT WILLIAM SLADDEN, Esq., tixmxsmtrr aobkz. ••• TORONTO : H. B0W8ELL, KINO STREEX: ' 1837. ip w->/\*di^\ t''^ EAt«red according to the Act of tho Provincial Legtelatnre, In the year of onr Lord one thousand eight hundred and fifty-seven, by Wiituic SiADPM, in the office of the Be^etrar of the Province o" Canada. :\'\:'.\ ♦ • * 1 J 1074 •. . PfiEFACB. The following compilation was hegm for personal refer- ence only, and under an impression that the labour attendant on it would be compensated by the infonnatiou gained of the contents of the Common Law Procedure Acts of 1856 & 1857. In this I have not been disappointed ; but whether I havt too hastily offered it in print to the Legal Profession must e determined by the amount of uses to which Lawyers may nd it applicable, or the doom of the shelf, to which they may consign it. If any object to its length as an Index, I would say, that it is to a large extent a synopsis ; and, if others criticise it aa too short for a synopsis, they, too, must kindly recoUect its two-fold character ; and if some should find it useful—as it is hoped they may — the compiler trusts to the fairness of the profession in dealing with its imperfections. Pages 4 to 8 contain the leading heads of the Index. The references throughout the Index arc to tho sections of the two acts combined in it. The letters and figures "^ « C. L. P., 1857," indicate that the amended Common Law Procedure Act, passed in the last session of Parliament, is referred to. In all other instances '' The Common Law Procedure Act, 1856," is intended. WILLIAM SLADDEN, Parliamentary/ Agent. ToBONTO, S^U 1., 1857. LEADIXa HEADS 07TBB INDEX AND SYNOPSIS, A. PAGE A Judge 9 Abandonment ^ Abatement ^ Absconding Debtor 10 Account «•• 1^ Act 1^ Action 1^ Admissions ........*• 21 Advertisement »••••• 21 Affidavit 21 Agreement 24 AnsAvers 24 Appearance 24 Arbitration 27 Arbitrator 28 Arrears of Rent 29 Arrest ••••• 29 Assessment 29 Assignment 29 Assizes..... ^0 Attachment ^^ Attorney ^1 Ayrard • 33 B. PAGE Bail 34 Bailiff 86 Bill of Exceptions 35 Bill of Exchange 35 Bond.. ..•..••••••••• •• **'* Breaches 37 British Act — 37 C. Capias •••• 38 Causes of Action 39 Certificate 39 Christmas Day 40 Claimant 40 Clerks of Crown, &c. ... 43 Clerk of Process 43 Client 43 Cognovit Actionem 44 Com. Law Pro. Act, 1856, 44 Compulsory Reference... 45 Concurrent Writs 45 Contempt..... 45 Contract 46 Conveyance ••• 46 Cor< Cor] Cos Cou Cou Cou Co\] Cou Cro im 0. PAGE Coroner 46 Corporation ••* 46 Costs..; 46 Country Causes 51 County Court 51 County and Unions 52 Court 52 Court or Judge 52 Crown » 60 D. Damages * ••<' 60 Peath 60 Debtors 63 Debt Attachment Book 63 Declaration 63 Defendant 65 Defence • 68 Defects 69 Demand of Kent 69 Demurrer 69 Deposit 70 Depositions 70 Deputy Clerk of Crown 70 Disabilities ^ 70 Discharge..... 70 Discovery 71 Discontinuance.... 71 Distributive 72 Division Court 72 Docket « 72 Documents 72 Dog Days 73 B. I'AUB Ejectment 78 Enlargement *.•••••••••• 82 Equitable Grounds 82 Error 82 Escape 82 Examination 83 Evidence ..••3.... 84 Execution « 84 Executor 89 EXilibltS .#•..*•.*••.■••••• Qa p. False Swearing •.••••••. 89 Fees 89 Felony 89 Fieri i'acias 89 Final Judgment 00 Forms 91 Fraud 91 G. \xaoi ..«•.••«.•.*•.•..*•••••. vX Gaoler 91 Garnishee. ...... ••.....••.. 91 Good Friday 93 Governor of Province ... 93 H. Habeas Corpus 93 Holder 93 Holidays ^ 93 Husband and Wife 93 Tl UA»ni. yAOB Incumbrances .......•.— ^ Indemnity .....••.....— ^^ Indorsement ^* .. 94 .. 94 .. 95 ... 95 ... 96 ... 96 ... 97 Injunction •••• Injunction, Writ of Inspection ••• Issue Interpleader Interrogatories Inventory PAOI lid .114 115 J. Joint Contractors 98 Joint Obligation 98 Joint Tenants ,. 98 Joinder of Issue 98 Judge ^8 Judge's Order 102 Judgment ...102 Judgment Final 108 Judgment Rolls 109 Jurisdiction 109 Justification 119 L. Landlord and Tenant ...110 Lease .....HI Lessee l*--*- Legal Representative ...112 Liability .113 Libel or Slander 113 Limitations H^ Limits •••• 113 Loss 113 Mandamus Margin ••••• Marriage ........••••• Mesne Profits IW Mileage ^^^ Money ^^^ Mortgagor & MortgagecllS Motions 11^ N. Negotiable In8trumcnt...ll6 I New Trial .' 11« Nonsuit • 11^ Notarial Expenses IIT Notice..... • 1*' Office Copies H^ 0. Official Gazette IW Omission .........••• H^ Oral Examination 119 Order 120 Ouster 120 Oyer 120 P. Particulars .120 Parties Joinder, &c... 121 Payment ••• 126 Payment into Court •.. 127 Perishable Goods 127 Perjury ••• 127 Personal Actions 127 Personal Service 128 LBAMNa BBADfl. PAOB ••• .114 115 »«***llv M*«*llv 116 igecllS •••••116 rit...ll6 .•••••116 116 .... 117 .... IIT ..... 119 ••••• 119 119 ... 120 120 120 ...... .120 &c... 121 126 rt ... 127 •••••. 127 127 127 128 I »i P. PAOB Plaintiff 128 Plea 133 Pleading 188 Postca 139 Prisoner in Custody, 140 Privilege 141 Production 141 Proceedings in Action.. 141 Profert 143 B. Reasonable Certainty... 143 Record 143 Redemption 144 Reference Compulsory, 144 Reference toArbitration 144 Registration 145 Remission 145 Renewal 146 Rent 146 Repeal 146 Replevin 146 Replication 147 Report Special 147 Revival 147 Revivor 147 Revocation 148 Rule of Court 148 Rules General 149 S. Satisfaction of Debt... 149 Scire Facias 149 Security 149 B. FAOl Separate Defence •••••• 149 Service 149 Set Off 150 Sheriff 150 Special Bail 154 Special Indorsement ••• 154 Special Case 155 Specific Delivery 155 Staying Proceedings... 155 Suggestion 155 Summary Decision 157 Summons 157 Sunday 158 Superior Court 158 Sureties 158 Surrender 159 T. Taxation 159 Taxing Master 159 Terms 159 Time Title Tools Town & Country Causes. Trespass Trial 159 164 164 165 165 165 U. Umpire 168 V. Vacation 169 Variai^ce 169 Venue... 169 Vlil V. PAO Verdict ••••••••••••••••••• ^*^ Viiiff,.. 171 Warrants of Attorney, 171 Wearing Apparel ITl Weekly Allowance. . . . 171 Wife 171 Witness 171 Writ 178 PAOl Writ of Appeal 174 Writ of Attacbment. • . 174 Writ of Capias 176 Writ Concurrent 177 Writ of Ejectment.... 177 Writ of Execution 177 Writ of Injunction 177 Writ of Mandamus ... 177 Writ of Revivor 177 Writ of Summons 1T8 % 1 I #■ $■ VAOl 174 Bient**. 174 176 It m cut..*. 177 ion 177 tion 177 mus ••• 177 r 177 ms 178 INii£l AND SYNOI'SIS. 1 Tr«v«« SECTIOir A JUDGE Whenever any power is given by this act to the court or a judge, the words "a judge" shall be held to authorise any judge of either of the superior courts to execute that power 815 ABANDONiMENT Of Action against defendants who appear to speci- ally indorsed writ of summons, results, where plaintilT signs judgment and issues execution against the other defendants not appearing 06 Of Action; how prevented 66 ABATEMENT Of Action. She I'iff's death, resignation or removal pending action against debtor, &c. of absconding debtor not to operate as 53 Plea of nonjoinder of plaintiff, plaintiff at liberty to amend without order on pj>yment of costs of amendment only, and defendant at liberty to plead c/e }2oro 69 Plea of nonjoinder of defendants in action on coa- t'.act, plaintiffs proceedings to amend writ, &c... 71 PUa of nonjoinder of defendants, judgment be- tween parties regulated at trial, and costs de- pendant on joint liability or otherwise of parties named in plea with original defendant 72 B t i ..f ' -Tf»:s7 -Pi^i*^,., 10 SECTIOK ABATEMENT continued. In consolidated smf$ by husband and wife, on the death of either plaintiflf, is to be abatement only so far as relates to the causes of action vrhich do not survive T6 Of Action, death of plaintiff or defendant not to cause, but it may be continued 203 Death of one or more JPlaintiffs or defendants not t(s create where the cause of action survives to the others 209 Death of sole Plaintiff not to cause, but legal re- presentative by leave, may enter suggestion of death and of his representative character, and action may proceed 210 Death of sole Defendant or sole surviving defendant, not to cause where the action survives and plain- tiff makes the suggestions and gives the notices thereon mentioned in section 2ll Death of either party between interlocutory and final judgment not to cause, in cases where plaintiff or his executors might originally have maintained action against defendant or his ex- ecutors 21B Marriage of Wotnan, plaintiff or defendant not to cause, and proceedings thereon 214 Where but for this Act, death of either party would have abated, the defendant or person against whom the action may be revived and con- tinued may compel plaintiff, &c. by summons to proceed within a limited time 215 In Ejectment, death of claimant or defendant not to cause, but may be continued...,,.. 244 See Ejectment and Sections 244 to 263 ABSCONDING DEBTOR Wlio deemed 43 i i SECTIOK on the [it only lich do 76 not to 203 nts not ivcs to >•> • A V t/ jgal rc- tion of cr, and 210 3ndant, I plain- notices 211 ry and where ty have liis ex- 2ia bnt not • party person 'id con- iioQs to 215 ant not 244 244 to 263 43 11 SECTION ABSCONDING DEBTOR contintted. Property o/, may bo seized by writ of attachment 43 Attachment also to contain summons to (Schedule A. No. 7) 43 Z)af€(f the day of suing out 43 To e«swe in duplicate 44 /«/<9rf assets of 53 Sheriff suing Debtor of, or custodian of property of, to declare in a; tion with a particular intro- ductory averment , 53 Sheriff not hound to me debtors of, until attaching creditor give his bond with two sureties as in- demnity for costs, ko 53 I 4 14 •KCM&N ABSCONDING DEBTOR (?<)nfin«e(/. Action not to abate by death, resignation, kc. of sheriff, but may be continued in name of suc- cessor to whom benefit of bond shall enure upon entering suggestion of facts a3 to change of sheriff on record 53 Plaintiff in Writ o/^«a(;A???jt\ application of either party or by reference wholly or in part to arbitrator appointed by parties, or to officer of court, or in country causes to judge of C, C. Award, &c., enforcible in same way as finding of jury in matter referred 84 Case to he stated or issue tried under direction of court where it appears that particular item in- volves a question of law or fact fit for decision of court or jury, and decision thereon to be acted on by arbitrator as conclusive 85 Compulsory Reference of issues of fact may be directed by judge at nisi prius during trial, &c. 156 Compulsori/ Reference may be directed by judge in like manner as under 84 & 85 sections of C. L. P. Act, 1856, and arbitrators appointed at wm prius to be subject to provisions of said sections and to have powers expressed in the 86th, and subject to regulations in regard to arbitrators of 87th sections 12 C.L.P.,m7 ACT Commencement of C L. P. 1856, 2l8t August 1856. 1 Aett or parts of acts repealed 818 ACTION Cause of Tramitory^ writs may be taken out AC 8BCTX0H plica- 3 not 194 plead e law 27 0. L. P^ tWT. \y an holly ss, or udge way 84 • ••••• an of 1 in- ision be y be , &c. 156 gein LP. nini tions and rsof 12 C. L. P., 1907 856. 1 818 i out 17 ACTION cvrit and before judgment parties may by consent and order, state questions of law in, for opinion of court, without pleadings 81 Referred to Arbitrator, he may, and when, state his award in form of special case for opinion of court, and when action is referred, judgment if so ordered maybe entered according to the opinion of the court gg In contravention of agreement to arbitrate differ- cnces, may be stayed by court or judge, when and on what proof and terms 91 Fair trial of where prejudiced, embarrassed or delayed by peculiarly framed pleading, opposite party may apply to court or judge to have it struck out 2Q1 Defence to, arising after begun, to be pleaded ac- cording to the fact without formal commence- ment or conclusion xyr Cau€e$ of. Statements schedule B 140 H: fiiV f*ECTION ACTION continued. Accounts involving investigation of, judge may direct reference during trial 156 Discovery of Documents. In superior courts either party may apply on affidavit to judge for, in possession, &c., of ojjponent, -and for order to answer by affidavit , 175 Interrogatories in writing for discoveiy may in superior courts be delivered on leave to either party, by plaintifl* with declaration and de- fendant with plea, and to be answered within ten days by affidavit filed 176 In Superior Courts or . . 0. Plaintiff or demand- ant, being nonsuit, or a verdict for plaintiff or de- mandant, defendant or tenant, judge may certify for immediate execution, or on day to be named 182 Against Gfarnishee by judgment creditor, proceed- ings on, to be the same as near as possible as in writ of revivor issued under Act 197 For detention of Chattels^ court may order specific delivery in execution 201 Defendant in^ not to have option of retaining chat- tel, or paying value assessed 201 Court not otherwise ordering, plaintiff to have specific delivery under distraint of sheriff till chattel rendered, or at his option the valuf; of chattel made out of defendant's goods 201 Damages in^ of plaintiff, how recovered 201 Plaintiff in, may apply to judge for execution for specific return 201 Plaintiff in^ to have option, unless court otherwise orders, to have execution on defendant's goods for value of the chattel 201 Costs of Plaintiff in^ for detention of chattel, damages and interest how recovered 201 On Judgment, party at liberty to proceed by, where SECTION i 19 SECTION ACTION eontinued. execution not revived by leave of court, vhen. 204 Death of tk plaintiff or ileftudant not to abate, but it may be continued 20(* Death of one or more plaintiffs or defendants where cause of action survives to surviving plaintiffs, or against surviving defendants, not to abate, but being suggested on the record, to proceed at suit of surviving plaintiffs against surviving defen- t^ants 201» Death of sole Plaintiff not to abate, but legal rep- rescntative by leave, may enter suggestion of death and of his representative character, and action to proceed 200 Death of sole Defendant, plaintiff's proceedings as to suggestion to be entered on record, and pro- ceedings against executor 211 Pleadings before death, in case of. 211 No Pleadings before death, in case of 211 Declaration before death, but no plea 211 Plea before death, the new defendant to plead to suggestion only by way of denial, or such plea as may be appropriate to him as executor, &c., unless leave given to plead fresh matter 2U Plea before death, but not arrived at issue, the new defendant besides pleading to suggestion within eight days after service to continue pleadings to issue, and the pleadings on the declaration, and the suggestion to be tried together 211 Plaintiff recovering, entitled to judgment for debt and costs prior to suggestion, and costs of sug- gestion, and subsequent, as in an action originally commenced against executor T. 211 Death of either partg between interlocutory and finiil judgment not to abate, where it might originally have been brought against executor of If, n W': to 20 8ECTI0K ACTION continued. defendant, or by executor of plaintiff against defendant ; and plaintiff or his executor to have writ of revivor, Sch. A., No. 11, against defen- dant, if living, after such interlocutory judgment, or if dead, then against his executor, &c., to shew cause why damages in such action should not be assessed and recovered by plaintiff or his executor Appearance at return of writ and no cause shewn to arrest final judgment, or default in ap- pearance, damages to bo assessed, &c., and after 8 sessment final judgment for plaintiff 213 Marriage of Woman, plaintiff or defendant, not to abate • * * ••••• ** Proceeded with to judgment notwithstanding... 214 Judgment may be against wife alone 214 Bg suggestion judgment may be obtained against husband and wife and execution issued thereon... 214 Judgment for the wife, execution may issue thereon, by authority of husband, without any writ of revivor or suggestion • Attorney suing or defending for wife appointed by her whilo sole, to continue unless husband countermands and attorney changed 214 Where abatement would have arisen but for this act by death of either party, and in which the proceed- ings may be revived and continued, defendant or person against whom it may be continued, may apply by summons to compel proceeding within time to be appointed by judge In default of such proceeding, the defendant &c., may enter suggestion of default, &c., and have final judgment for costs of action agc^nst plaintiff, or person entitled to proceed in his room; in the latter case to be levied of the 215 214 j 1 8ECTI0K ainst have efen- uent, shew ,ot be • bis 213 cause n ap- aftcr 213 not to 214 ling... 214 214 gainst eon... 214 issue It any 214 ointed isband 214 his act •ocecd- endaut tinned, 'ceding 215 fendant c, and against in liis of tbe I ii SECTION ACTION contmued. goods of the testator or intestate 215 Of JEjectmenty not to abate hy death of claimant or defendant, but it may be continued 244 Of Ejectment^ hij suggestion of death may be pro- ceeded with, at suit of surviving claimant where right of deceased claimant survives 245 For Injunction^ proceedings on 285 Sheriff cannot release, after assigning bond to the plaintiff. 305 Not liable to action after assignment of bail bond to plaintiff 305 On hail bond, plea of surrender of principal to sheriff, and refusal on his part to accept, good answer to 300 Holder of bill or note may proceed against all the parties in one action 9 ADMISSIONS Under notice to admits proved by affidavit of attor- ney in cause or clerk 166 ADVERTISEMENT In Official Cfazette^ of lands for sale under execution during currency of writ, sufficient commencement of execution to enable same to be completed after it shall be returnable, by sale and convey- ance 188 AFFIDAVIT For Capias^ what to contain and where entitled... 23 Service writ of Summons, what to contain.... 32 Plaintiff to apphj on^ for leave to proceed in action without personally serving writ of summons. 34 On which Court or Judge may direct proceedings against party out of jurisdiction, how to be V % PH 22 8ECTX0K AFFIDAVIT continued, sworn anil when to bo used and admitted in evidence 40 To ground attachment against absconding debtor^ contents of. 44 Penon forging signature tOy or using or tendering in evidence withTalse signature, knowing it to bo 80, to be guilty of felony, an(l»on conviction, to be confined at bard labour in Penitentiary not less than four, nor more than ten years 40 Accessories, how dealt with 40 Persons ivilfuUy, &c., making false one to bo guilty of felony 40 On Defendant's application to bo let in to defend writ of summons with special indorsement, where he has not appeared, must account for delay and disclose defence on merits 60 Of truth of plea in abatement required to be filed with plea, when 73 Before leave to plead and demur at frame time, may bo required by court ; party or ntto; ney may make and contents 129 On application to plead several matters when re- quired by court. Party or attorney may make and contents 130 Of merits required, on application to set aside judg- ment signed for pleading several pleas without leave 135 Of admissions under notice to admit, may be made by attorney in cause or clerk 166 Of service of notice to produce may be made by attorney in cause or clerk 167 Motions mad(; on, opposite party may, by leave, make affidavits in answer to, upon any new matter arising out of 169 Summons for person to appear before judge, &c., '-■(ti I SECTION cd in 40 ebtor, 44 40 40 40 60 c filed • •••••• Iw time, orney cn re- ' ■ make % 130 1 sjutlg- ithout 135 ^ made 166 de by 167 1 leave, ■ y new i 169 ! e, &c., 28 AFFWAYIT continued. '^^^^^ to bo examined, &c., may be had by party to any civil action where ho refuses to make 174 Interrogatoriei to bo answered by, within ten days and filed "^ y.^ Order for Intcrrogatoriei for plaintiff, to groumij what to contain -iTT Contents^ where for defendant ,[[,] 177 To ground application for leave to deliver interro- gatories for discovery, where plaintiff or defend- ant unable to join in application 17^ To sue out Ca, Sa. when defendant has not been held to special bail, similar to that made on issue of writ of capias |or Of Judgment Creditor or attorney, necessary to ground order to attach debts due from garnishee to judgment debtor -^g^ In Ejectment, required for court or judge" to change place of trial from place of venue to another county 00/? 7- ^. -'^ . ZOQ InJLjectment, donjmg ouster, &c., filed by defend- ant, joint tenant, &c., with claimant, where right of claimant to share is admitted, what to contain 242 Prisoner in Execution to make, to ground order for weekly allowance 295 Prisoner in Execution hv three successive months after fifteen days' notice to plaintiff of intention to apply for discharge making, what to contain, to ground application for rule or summons for ^^scharge g^^ On appUcaiion for leave to appear to defend action on bill of exchange, &c., after July 1st, 1858 • what to contain ' c C.L.P.,1867. Of one subscribing ivitness required to nrnvo Port?- ficate of discharge of registry of judgment to be If ■n 24 SECTION AFFIDAVIT continued. produced to registrar 20 C. L. P.,1857. AGREEMENT To arhiirate, between parties and one or more of them subsequently bringing action or suit against the others, court or judge in Avhich action brought may, on application of defendants, after appear- ance and before plea make a rule or order to stay proceedings 91 ANSWERS Of Debtor, Prisoner in Execution, on oath to plaintiff's interrogatories, sufficient notice of and filing to be given to plaintiff's attorney 296 Debtor, &c., after order for weekly allowance, four days' aotice of filing, to be given 297 APPEARANCE Entry by Plaintiff hr defendant, need not be 59 Default in by defendant to writ of summons specially indorsed, plaintiff on filing affidavit of personal service, or a rule of court or judge's order to proceed under act, and the writ of sum- mons at once to sign final judgment (Schedule A. No. 7, bis) 60 Default in, defendant to writ of summons with special indorsement, where on application sup- ported hj affidavit, accounting for non-appearance and disclosing defence on merits, court or judge before or after final judgment may let in defend- ant to defend 60 Default in plaintiff's steps when writ of summons not specially indorsed 61 Defendant may appear at any time before judg- ment fi2 AP I I SECTION .... 20 C. L. p., 1857. 91 296 297 59 60 60 61 fi2 25 ATTEAllAmE continued, ^^^""^^ Appearing after time specifiefl in writ of sum-' mons or warning on ca, sa. or on rule or order to proceed, as if personal service had been effected, shall after notice tliereof to plaintiff or attorney be in same position as to pleadings or other proceedings in action as if appearance in time , qo Appearing after time appointed in writ, not to entitle him to any further time to plead than if he had appeared within such appointed time .... 62 Appearing after time appointed and omitting to give notice to plaintiff or his attorney, plaintiff may proceed as in case of non-appearance 62 Defendant in person to give address where plead- ings and other proceedings not requiring personal service may be left gg JVot receivable if address not given 63 Address where illusory or fictitious, appearance 13 irregular ^3 Irregular, for illusory or fictitious address may be set aside by court or judge 63 Form and mode of, to writ of summons 64 Writ amended by plaintiff, no further required after notice of defendant's objection or plea in abatement for nonjoinder (59 To Writ of Revivor, sufficient by notice in writing to plaintiff his attorney or his agent 205 Default in, after notice by executor of sole de- fendant dying, plaintiff's proceeding against, where there have been pleadings before de- fendant's death ^^, 211 To Writ of Ejectment mi\\in sixteen days after service 221 and 224 Notice of Defendant's Title or claim to be filed with,,,, = ...... 001 APPEARANCE continued, "^"""^^ :^otice to be filed with, Rddressed to claimant Stating that dcfcnclant besides denying title of claimant asserts title in himself or in some other persona (stating whom) through whom he claims 224 In Ejectment and to defend, allowed hy court, &c. to any person not named in writ, on filing affi- davit showing possession bj himself or tenant... 225 In Ejectment, to bo entered in the office from which writ issued, and all subsequent proceedings to be conducted in same office 226 In Ejectment hy Landlord, to state that he appears as landlord 227 In Ejectment, any person may limit his defence to part of property in writ, describing same in notice, entitled in court and cause, and signed by party appearing, or attorney, to be served within four days after appearance, or attorney indorsed on writ, or if none, then to be filed in proper office 228 Absence of Notice to defend in part, to be deemed an appearance to defend for whole 228 In Ejectment, and defences, where set up by per- sons not in possession, may be struck out or con- fined by judge 230 In Ejectment, default in, plaintiff at liberty to 'sign judgment (Sch. A. No. 13) .. 231 Entered where defence limited to part only* plaintiff at liberty to sign judgment for the part to which defence does not apply (Sch. A. No. 14.) 231 In Ejectment, when entered, claimant or attorney may make up issue without pleadings 232 In Ejectment, at or within four days after, joint tenants, &c., with claimant, may give notice of defence as such 242 To Action on Bill of Exchange, &c., after Tst of July, 1858, defendant not obtaining leave to ^1 ON 24 25 16 17 m SECTION APPEARANCE continued. appear and not appearing, plaintiff after Affidavit of personal service of writ, &c., may sign final judgment, and issue execution at the end of fifteen days 4 C. L. P^ 1867. To Action on Bill of Exchange^ &c., any judge of the superior or county court on application within sixteen days from service of writ shall allow defendant to appear and defend on paying into court the sum indorsed on writ 5 C. 1>. p., 1857. Or, on affidavit, satisfactory to judge, which dis- close a legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other facts as judge may deem sufficient to support application for leave to appear and defend, and on terms as to security, &c., in discretion of judge 6 C.L.P^18ft7. To action on Bill of Exchange^ &c., leave to appear and defend may under special circumstances be given after judgment and execution on setting aside of judgment and execution 6 C. L. p., 18&7 ARBITRATION Mere matters of account may be ordered by court or judge, at any time after writ, to be referred • wholly or in part to arbitrator appointed by the parties or to an officer of the court, or the judge of the county court in country cases 84 Where two Arbitrators and no prohibition against appointing an umpire, they may so appoint at any time within the period for making the avrard 94 Agreement or submission to, by consent, whether by deed under seal or not, any party to it may make it a rule of any one of the superior courts l!l SECTION ARBITRATION continued. of law or equity, when agreement docs not prohibit it 97 To be made Rule of particular superior court when so provided in the agreement 97 When made a Mule of one superior court, no other of superior courts to have jurisdiction to entertain motion respecting arbitration or award 97 ARBITRATOR On compulsory reference^ of mere matter of account to act on finding of jury or decision of the court, on issues tried or special case upon particular items of account 85 On compulsory reference, or consent of parties, where submission is or may be made rule of court, may state his award in form of special case for opiniou of court, wheji 86 On co77ijpulsort/ reference of matter of account, power of, and of court the same as on reference by consent under a rule of court or judge's order... 87 Or Umpire, court or judge may remit matters referred to, whether under this act or otherwise, where the submission shall be made a rule of court, for reconsideration, &c 88 Parties after agreement not appointing, or arbitra- tor or umpire refusing or becoming incapable to act or dying, and original document not shewing that vacancy is not to be supplied, judge of superior court in law or equity, after seven clear days' notice served, from any party to agreement on tlie remaining parties, or summons, may appoint, &c 92 Appointed sole Referee, may be, by one party, where the other party omits after notice to appoint his arbitrator , , 0g 29 SECTION ARBITRATOR continued. Revocation of such appointment may be by court... 93 On compuhori/ reference of account may be ap- pointed by parties, and in default, by judge 156 ARREARS OF RENT Ejectment may be brought where half a year's rent due and landlord has right of re-entry 263 Ejectment^ lessee seeking injunction against land- lord to pay arrears of rent 264 Ejectment to be discontinued on payment to land- lord or attorney or into court of arrears and costs 265 ARREST Sheriff may re-arrest debtor where he apprehends insufficiency of sureties 304 ASSESSMENT OF DAMAGES Hfotiee of. Eight days 146 Countermand four days, unless short notice, when twodays 147 New ; may be ordered by the court in which action brought 184 ASSIGNMENT NetVy one only to be pleaded to any number of pleas to same cause of action 136 To state that plaintiff proceeds for causes of action different from all those which plea profes- ses to justify, or for excess over and above what all the defences set up by such pleas justify or both 136 Plea already pleaded to declaration not to be plead- ed to new assignment, except plea of denial unless by leave ^^'^ mi il 30 SECTION ASSIGNMENT cow^mw^i. Of bondy on bail to the limits, by sheriff to plaintiff how to be made, and effect of. 305 Of bond, on bail to the limits with new condition for allowance by judge of C. C. may be made by sheriff to plaintiff upon breach of the condition, and the like remedies as in respect of breaches in the 305th section of C. L. P. Act, 1856 ... 25 ASSIZE, COURTS OF, AND NISI PRIUS Of Oyer and Terminer and general gaol delivery to be held in every county, &c. in U. C. (except where Toronto is situated) in every year In the Vacations between Hilary and Easter Terms. In the Vacations between Trinity and Michaelmas Terms, with or without commi.^sions on days to be named by Chief Justice, and Judges of Superior Courts 30 lo be held in county where Toronto is situated three times a-year, to Commence on the Thursday next after the Muni- cipal Elections in January, on the second Monday in April, on the second Monday in October 80 C.L.P.,18S7. ATTACHMENT Form of Writ of, against absconding debtor, dura- tion and renewal. Schedule A. No. 7 43 Application for against witnesses in contempt, for disobeying rule or order, for examination, &c., the ^ rule or order must be made a rule of court 171 Debt Attachment Book, to be kept in office of clerk of the crown and deputies in superior courts, and contents and copies of entries may be taken ... 199 Of Debts, costs on application for, left to discretion ATT. ATT' CTION r 305 25 M867. 30 1S57. 30 1SS7. 43 71 99 31 SECTION ATTACHMENT eon^tnMedf. of court or judge... 200 Writ of Injunction, maybe enforced by, when... 285 Ahsconding Debtor against, sheriff to have the right of interpleading as in cases of writ of ex- ecution "• ATTORNEY Whose name indorsed on any writ on demand in writing by defendant shall declare whether writ was issued by him or by his authority, and if yea, then in case court or judge order, declare in writing within time limited by judge, the pro- fession and residence of plaintiff, otherwise guilty ofcontempt |* 2a Declaring that writ not issued by him, or by his authority, all proceedings thereon shall bo stayed, and no further proceedings shall be taken thereon without leave *^ Plaintiff's to pay costs of defendant's taxation of costs indorsed on writ, when more than one sixth disallowed -" Plaintiff'^s notice to, by sheriff, of seizure of pro- perty of absconding debtor under writ of attach- ment, good 51 Plaintiff's on producing written authority may re- ceive money out of court 121 Of Party asking Leave to plead and demur at same time, may make affidavit 129 Of Party asking Leave to plead several matters, may make affidavit • 1^0 Service of Notice to Produce proved by affidavit of, or clerk 1^' In cause, tvho issued Oa. Sa. giving written order under his hand, shall justify sheriff, &c., in dis- charging party unless client has given notice to 82 ATTOnmY eontmued. section contrary , , jgj Not Justified in giving written order to sheriff, &c., to discharge partv in custody under ca. sa, without consent of client 191 Of Judgment Creditor may make affidavit required to attach debts due from garnishee 194 In Action, for tvlfe when sole, to continue the action or defence for her aft ar marriage, unless husband ' countermands, and attorney changed 214 Name to he indorsed issuing writ of ejectment, or name and residence of party, where no attorney 221 Notice to limit defence in ejectment to part of premises, may sign 228 Ejectment, for Claimant in, may sign discon- tinuance of action against one or more defen- dants, for client 254 Ejectment, for Defendants in, to attest signature of " defendants' to notice confessing the action 257 For Lessor in Ejectment, may receive arrears of rent and costs, and action to discontinue thereon 265 Redemption of Mortgage, of party having right to, and admitted to defend, may, before principal interest and costs are paid into court under the 271st section, by writing under his hand notify the attorney on the other side, that the right to redeem and the sum due are contested... 272 Prisoner in Execution giving fifteen days' notice to of intention to apply for discharge is sufficient 300 Prisoner in Execution, giving ten days' notice to, of filing answers to interrogatories, and of intention to apply for leave to be re-admitted to limits, sufficient ^^^ I^htor, giving four days' notice to[*of intention to move allowance of bond to the limits sufficient 26 AW. Is fi » aft AWARD '^'""^ Under Compuhortf Reference of matter of account enforciblo bj same procesa as the finding of ft j"ry 84 Of Arbitrator under Compulsory Reference^ or by consent of parties, where the submission 13 or may bo made rule or order of superior court, may be stated in form of special case for opinion of court ^^^^^ g0 On Compulsory Reference, to be set aside on applica- tion within first six dr.ys of term next following publication, whether made in vacation or term... 89 By sole Referee, appointed by one party, the other party failing to appoint, when to be binding on both parties, as if by consent 93 To he made within three months after appointment, &c., and the parties may enlarge by consent, the term for making ^5 Time for making, may be enlarged by consent in writing by court or judge, and where no period is stated, then to be deemed an enlargement for one month 95 On any Order of Reference, when directing posses- sion to be delivered of lands, &c., capable of being the subject of ejectment, or, that any such party is entitled to possession of such lands, court may order any party to the reference in possession, or any party put into possession by or claiming under him, since the agreement to refer, to deliver possession to the party entitled thereto, and the award shall have the effect of judgment in ejectment and execution may issue and possession shall be delivered by the sheriff as in such judgment 9g Specifying Court of which agreement to be mad^ a rule, to operate as limitation to that court only, Ilii $1 SECTION AWARD continued, where the document authorising the reference was not bcforo the publication of the award a rule of court 97 Special Case^ stated in, for opinion of court, when, and the award specifics a particular count and the agreement for reference was not bcforo the publication of the award a rule of court, the agreement can bo made a rule of that court only which is specified in the award 97 On Compuhorif Reference^ to bo moved against, -within first four days of terra next after making. 156 BAIL Writ9 of Execution to fix, may bo tested and re- turnable in vacation 192 In Ejectment by landlord against tenant holding over, to secure claimant's costs and damages, may be ordered by court or judge to be found by tenant ^^^ Tenant neglecting or refusing, claimant may have judgment by order of court 266 In Ejectmentf manner of entering into recognizances 269 No action against, after six months from time pos- session actually given to landlord 269 Fees and charges thereon 269 To the LimitSy sheriff may take of any debtor in gaol on mesne process 302 To the Limits fhonA taken by sheriff under the 302nd section of the C. L. P. Act, 1856, to contain a further condition as to allowance by judge of C. G. within thirty days 25 C. L. P., 1857. To the Limits maybe allowed by county court judge on debtor*8 motion, on five days' notice in writing to plaintiff or attorney 26 c. L. p., mi. [ON 97 97 156 192 166 m 269 >69 269 m 25 1857. 26 mi. 35 SECTION BAILIFF 0/ Divmon Conrt^ holding property of absconding debtor under warrant of attachment, to deliver same to sheriff executing ifrit of attachment... 56 Of Division Court to levy on execution issued against garnishee, ivhen 16 C.l.P.,186T. Of Division Court, seizing goods under warrant of execution, when sheriff at same time seizes under fi. fa. from Q. B., C. P., or C. C, the right to goods to be determined by priority of time of delivery of \ix\i to sheriff, or warrant to bailiff 24 C.t.P.,186T. Time of delivery of warrant, how determined... 24 C. L.P^186T. BILL OF EXCEPTIONS On trial of Ejectment, may be tendered by either party 238 BILL OF EXCHANGE AND PROMISSORY NOTE One actioyiy the obligation or right of plaintiff to include in, all or any of the drawers, makers, endorsers, or acceptors of, not restricted or diminished 75 Loss of, or other negotiable instrument, court may order, shall not be set up in action, if indemnity given 292 Actions commenced on, after 1st July, 1858, in superior courts, within months after maturity, to be by writ of summons in special form, Sched- ule Ko. 1, and indorsed as therein mentioned • • 4 C. L. P., 186T. Plaintiff on filing affidavit of service of such writ within the jurisdiction, or an order for leave to proceed under the C. L, P. Act, 1856, and copy of the writ of summons and indorsements, in case defendant shall not have obtained leave lg;^J'~ 2^2^SH II .;; I 36 SECTION BILL OF EXCHANGE AND PROMISSORY NOTE continued. to appear and have appeared, at once to sign final judgment in form, Schedule No. 2, (on which no proceeding in error shall be), for any Bum not exceeding sum indorsed on writ, with interest to date of judgment, and a sum for costs to be fixed by rule of court, unless plain- tiff claims more than such fixed sum when the costs shall be taxed, and plaintiff may issue execution at the end of fifteen days after signing judgment 4 C.L.P.,13»7. Deposit of, with ofiicer of court may bo ordered forthwith by court or judge in any proceedings under this act 7 C. L. p., 185T. Security for costs, until given by plaintiff, court or judge may order stay of proceedings 7 0. L. p., 185T. Dishonoured, holder of, shall have the same remedies for recovery of the expenses of noting and protesting, or of damages for non-payment, where recoverable, as he has under act for recovery of the bill or note , 8 C. L. P.,1857. Holder of,^ may proceed against all the parties under this act in one action 9 C.L.P.,1857. Sheriff may seize under fi. fa. against goods 22 C. L. P., 18J7. BOND Bail to Limits, to contain not less than two or more than four sureties, in what penalty, and how conditioned 3Q2 Assignment, sheriff may make to plaintiff after breach of condition by debtor 305 BON BRE BRIG 8T SECTION BOND continued. Bail to LimitSy taken by sheriff under C. L. P., 1856, to have further condition, that the debtor will get it allowed by judge of C. C. within thirty days from delivery to sheriff, &c ....... . 25 C.L.P.,l8ft7. On Breach of the last condition to be assignable and like remedies had as in respect of breaches in the 305th section of C. L. P. 1850 25 C.L.P.,1867. Bail to Limits. County court judge may allow on debtor's motion on four days' notice in writing to plaintiff or attorney, and if disallowed, another bond may be made and like motion for allowance 26 0. L. r. 1857. Execution Creditor to give to sheriff with two sureties indemnifying him from costs, &c., on suing parties liable on cheques, bills of exchange, &c., expense of, to be paid out of money re- covered in action 22 C. L. p. 1867. BREACHES British Act 8 and 9, W. III., c. 11, ''An act for better lyreventing frivolous and vexatious suits'' as to the assignment or suggestion of breaches or as to judgment to remain in force in Upper Canada 145 BRITISH ACT The 8 and 9 W. III. c. 11, ''An act for the better preventing frivolous and vexatious suits'' as to the assignment or suggestion of breaches or as to judgment to remain in force in Upper Canada 145 The 14 Geo. II., c. 17, "An act to prevent incon- veniences from delays of causes, after issue joined " so far as relates to judgments as in case hi m il i! i ': ii i 88 BMTISII ACT continued. ^^^^^^^ of a nonsuit not to remain in force in U. C. CAPIAS Writ, where intention to arrest and hold defendant to special bail 22 -Form o/, schedule A. No. 2 22 Direction to sheriff of any county or union of counties in Upper Canada 22 Copies of writ, memorandums and endorsements equal to number of persons to be arrested to be delivered with original writ to sheriff, &c 22 Sheriff after execution of process to deliver copy to every person and indorse on writ within three days of service or arrest the true da^v of execu- tion thereof " £2 Defendant taken or charged in custody on, and imprisoned for want of sureties or appearance, plaintiff may before end of next term after arrest of defendant declare against him and proceed under third and fourth rules of Queen's Bench, Easter Term, 5 Victoria 22 Plaintiff or Attorney may order sheriff, &c., to arrest one or more of defendants and to serve a copy on one or more of the others 22 Where served only on one defendant to operate as service of writ of summons 22 Affidavit for suing out of, plaintiff 's cause of action 23 For debt certain (not less than ten pounds) ..... 23 Cause of action other than a debt certain, capias may be issued, a judge's order having been first obtained, in cases and manner as heretofore the practice eyn Privilege from arrest preserved , 23 After Writ of Summons, and before judgment plaintiff may have on affidavit as in 23rd section C. C^ CE 39 SECTION CAPIAS coyitinued. or by judge's order. Sch. A. No. 6 42 Ad satisfaciendum^ against absconding debtor, after judgment in proceedings upon writ of aitachment may be obtained without further affidavit than that on which writ of attachment was ordered . . 48 Ad satisfaciendum^ where defendant has been held to special bail, may be sued out on the affidavit on which the^ writ of capias was issued in the first instance 185 Where Defendant not held to special bail, may issue after judgment, on affidavit in same form as for suing out capias, or affidavit of plaintiff, his servant or agent, of reason to believe that defendant has parted with his property or made secret or fraudulent conveyance to prevent exe- cution 185 Discharge of debtor from custody, attorney or client may authorise 191 CAUSES OF ACTION By or against same parties and in same rights may be joined in one suit except replevin and eject- ment 75 Where two or more joined are local, and arise in different counties, venue may be in either county 75 Different, the trial of together may be prevented by court or judge if inexpedient, and in such case court or judge may order separate records and separate trials 75 Not surviving, on death of one of co-plaintiffs' hus- band and wife, the action so far to abate but not otherwise 76 CERTIFICATE Of Judgment, ^iven by deputy clerk of the crown 'y^ 1^^ 5ECTI02} CEUHWICATE continued. may be registered and bind lands * • • • 15 For Costs by judge what to contain, and where and when made to entitle plaintiff to, in trespass or trespass on the case where verdict of jury less than 40s 312 Tor iinmediate execution^ judge may make, or day named on back of record at any time before end of assizes • •.... 182 Discharge of judgment. Form and proof of certiiicate • • , , 20 C. L. P. 1857. CHRISTMAS DAY Where the last of the ten days for proceedings mentioned in writs of summons or capias, same to be taken on following dag ••••••••• , 65 CLAIMANT hi Ejectment, or his attorney may make up issue without pleadings, and what to contain 232 In Ejectmentj how to proceed to trial, and what the questions at trial shall be, and entry of verdict 234 in Ejectmenty entitled to verdict and costs although title expired between writ and trial ••....•••• 235 In Ejectment^ not appearing at trial and defendant appearing, nonsuited , , , 23T In Ejectment y jury finding for, may sign judgment and issue execution for possession and for costs within what time .... 239 In Ejectmenty having judgment for possession and costs may at election have one or several writs of execution In Ejectment f where his ri'^ fendants as joint tenants is denied, the question of ous» trial of issue *«*t*»****<« --hare with do- tted, but ouster to be tried on the 241 CLA 15 12 82 20 J57. 35 )2 t5 7 247 ' SECTIOK CLAIMANT tfonemwei. In Ejectment^ where defendant defends as joint tenant, &c., with him, but denies ouster, when entitled to judgment and costs •••• 243 In Ejectment^ to whom right of deceased claimant survives, may make suggestion of death, which ehall not be traversable, but subject to be set aside if untrue and the action may proceed . . • • 245 In Ejectment,^ to vfhom the right of deceased claim- ant does not survive, and his legal representative does not become a party to writ, what course to take to proceed with action •• •• 246 In Ejectment, the surviving one, where one of several dies after verdict for them, but before execution, by suggesting death, may proceed to judgment and execution for possession of the entirety of property and costs • . In Ejectment^ dying, his right transmitted to legal representative,not affected by surviving claimant's obtaining judgment and execution for entirety . • 247 In Ejectment^ sole one dying, or one whose right does not survive to another, what course of sug- gestion, &c., may be taken by legal representa- tive to proceed with action ••»••• ••••• •• 248 In Ejectment^ on dcr.th of sole defendant or all defendants before trial, may, upon application to court or jndge have judgment for possession after suggestion, unless some other person shall appear and defend within time to be appointed .•••••• 260 In Ejectment^ entitled to judgment after verdict without suggestion or revivor, although sole defendant or all defendants dead since verdict. . 251 In Ejectment^ proceedings where one of several defendants dies before trial, who defends for portion of property not defended by the other defendants 262 "1 i i I SECTION CLAIMANT continued. In IJjectmenty on death before trial of one of several defendants, who defends separately, but for property for which others also defend, where leave not granted to person in possession or legal representative of defendant, to defend, may, by suggesting death, proceed against surviving de- fendants to judgment and execution 253 In Ejectment^ may discontinue against one or more defendants, and how 253 In Ejectment^ one of several may discontinue on application to and leave of court, &c 255 In Ejectmentf after discontinuance by one claim- ant the others to proceed with action 255 In EJectmentf not proceeding to trial in due time after notice, how defendant to proceed to compel him, or to get judgment , 256 In Ejectme7ity proceedings on confession of one or several defendants, who defends for part of the property not defended by the others 258 In Ejectment^ to have judgment for costs occasion- ed by defence, where one of several defendants, who defends severally for what the others defend, confesses his title, and proceedings against other defendants •••••..••••.,, ,, 259 In Ejectment by landlord for arrears of rent, non- suited in, defendant to have costs 263 In Ejectment, landlord against tenant holding over, may, on trial after verdict for him have judg- ment and execution by leave of judge in six ^ays 268 In Ejectmetitf bringing second action of, against same defendant for same property, may be ordered by court on defendant's application after appear- ance, to give securittffor costs, and stay proceed- ings till ffiven . 079 CLEK 2 CLi CL 256 258 259 263 SECTION CLERKS OF CROWN, &c. . To give Security for performance of duties ana paymentof fees V.IVwst. Failing in, offices vacated • • • '^'j, ^^^^ Acts done by during appointment not affected by ^ avoidance of office J *^^ ^g^^ Judge of County Court to certify his approval of ^ the sureties of deputy clerks • -J ^ ^^^^^ aovernor of Province to approve of sureties of clerks and deputy clerks c.'Jp.isst. Securities to be recorded in manner provided by 4&5Vic.,ch.91,sec. 3 '•c.'Jp.mT. To give new security on death of surety . . .j . .^ ^^2 Failing in, appointment void ^« -j^ ^^ ^ CLERK OF PROCESS O^ce in Osgoode Hall • • • • To Seal and Sign all writs and process from Queen's Bench and Common Pleas To issue to parties or attorneys all writs of sum- mons and capias and alias and pluries summons and capias and writs of capias in actions com- menccd and concurrent ti'n'ts To renew YfYits • Vr^P d To issue writs alternately one from Q.B. and G.^. 4 To make Quarterly Returns to Inspector General ^ of writs issued ......•••••• Deputy Clerk to pay over fees received CLIENT Autliorishig discharge of p.rty fiom custody under ca. sa. is a satisfaction of the debt A'^A 44 COGNOVIT ACTIONEM AND CONFESSIONS ^^^^^^ Final Judgment on, may be entered in first instance, and before suing out of process ia any of said offices unless some one be named in cognovit ••••• ,,„ , , jQ X^one valid to support any judgment, or a writ of execution, unless same or a sworn copy shall be filed of record in proper office of the court in the county where the person giving it resides, within one month after giving it..., 17 C. L. P. 1857. Unsatisfied when act begins (10th June, 1857) in order to support judgment or execution must be filed within four months after passing of act . . . 18 C. L. P. 1867. ^oolc, where kept and what to contain ........ 17-18 C. L. P. 1857. Fee on inspecting. jy C. L. P. 1867. In Ejectmenty sole defendant or all defendants, may make confession as to whole or part of pro- perty by notice attested by attorney, and claim- ant's proceedings thereon , , 257 In Ejectmenty as to portion of property, may be given by one of several defendants who defends for it, where other defendants do not defend as *^i<; 258 In Ejectment, may be given on notice by one of several defendants defending severally for what others defend also, and thereupon claimant en- titled to judgment for costs occasioned by defence , , , . 259 COMMON LAW PROCEDURE ACT, 1856, Provisions of and rules made under, so far as pos- sible to extend to proceedings under act , • , , , , 31 C. L. P. 1857. Jl 45 SECTION COMPULSORY REFERENCE Of viere matters of account^ court or judge may on application of either party order 84 Powe?* of arbitrator under 87 Court or Judge may remit matters referred to arbitrator or umpire for re-consideration » 88 Application to set aside award under, to be made within first six days of term next following pub- lication, whether made in terra or vacation .... 89 Aivard on when final • • • • • 89 CONCURRENT WRITS Plaintiff in any action may have, at any time during six months from issuing of original writ of summons or capias • • 27 To issue from office w^ience original writ issued, 27 Tested of the same day as original writ and marked with word "concurrent" in tie margin and memorandum under 20th section • . 27 In force for period during which original writ in the action in force • 27 Jurisdiction^ may be out of, and in 39 Of Attachment, against absconding debtor, plaintiff may issue, to operate merely for attachment of real and personal property, credits and efi'ects in aid of any writ • •• ^^ CONTEMPT Witnesses in, wilfully disobeying rule or order of court or judge to appear and be examined or pro- duce documents, and may be proceeded against by attachment 171 Omitting without just cause sufficiently to answer interrogatories for discovery within ten days. . . 176 Court on special report of examiner on witness' conduct, &c., to proceed as in case of. ... . » . . . 180 E (t ! I I- ik m SECTION CONTRACT Injunction^ Writ of, where party entitled to for prevention of breach of, or other injury 283 CONVEYANCE Debtor applying for discharge, court may require to make of property to plaintiflf, in what cases prior to discharge ••• 300 CORONER To serve tvrit on sheriff when action against him. • 28 CORPORATION How served with writ of summons 33 Agents of, who considered . • ••••••••«.••• 83 Officers of, to answer interrogatories in writing # • . 176 COSTS Revision of taxation of, made by any deputy clerk of the crown and pleas, either party may have by the principal clerk of the court wherein pro- ceedings had • 12 Two days notice of revision to opposite party,. 12 Deputy clerk, who taxed, when liable to costs of revision *., 12 Of Taxation. Defendant, taxing plaintiflf's attor- ney's costs indorsed on writ, where more than one-sixth disallowed to be paid by plaintiff's attorney • *...•.••«.......• 26 Inferior Jurisdiction only allowed, where attach- ment against absconding debtor issued, and case within C. 0. jurisdiction 44 Of suing out attachment in duplicate against absconding debtor, to be allowed only as for single writ ....•• »• 44 Of Defendant^ absconding debtor, allowed against 54 54 65 SECTION COSTS continued* plaintiff, where, on motion, it has appeared that he was not an absconding debtor, and execution for as in ordinary cases, and for what amount. . 48 Paid hy Plaintiff on writ of attachment against absconding debtor, to sheriff as his costs of seizure, &c., to be taxed to him as part of dis- bursements in suit against absconding debtor . . Of Sheriff and persons assisting in making inven- tory, and appraising property under writ of attachment against absconding debtor, five shil- lings per day ••••• Of suing out and executing writ of attachment against absconding debtor, to be satisfied before prior executions where court or judge order, . .. On final judgment in action, what amount plaintiff entitled to where writ of summons not specially indorsed, when claims might have been inserted by special indorsement. • 61 Of Amendment of Writ, &c., to be paid by plaintiff after notice of objection by defendant, or plea of abatement for non-joinder Of Plea in Abatement, plaintiff when entitled to, as costs in cause, against original defendants, who pleaded non-joinder .,..»..•..♦• Of Action when tried on issue (Sch. A. No. 8) may be subject to the agreement of the parties On Special Case where no agreement, to follow the event, and to be recovered by the successful party 88 On Reference to Arbitration of mere matters of account, terms as to costs fixed by court or judge Of Remission to arbitrator or umpire for recon- sideration, terms as to costs may be fixed by court or judge • • • • Of A'pplication to strike out pleading framed to pre- judice, embarrass or delay, in discretion of judge. 101 fit 69 72 78 88 88 if SECIION COSTS coiitmued, 0/ Plaintiff y where money paid into court, accepted by him, to be taxed and paid by defendant within forty-eight hours, and judgment may be signed for same if not so paid , 122 Defendant entitled to, where money paid into court, not accepted by plaintiff, and issue thereon found for defendant, * • ••••...••••.... 122 Of Suit and Judgment^ defendant entitled to, where on plea of set-off, verdict passes for balance due to him ..•.. , ,,, 124 Of Successful Party ^ on any issue of fact or law, where several matters pleaded by leave of court, to be adjudged to him, whatever may be the re- sult of other issues • . . e , , , 130 On Application to set aside judgment signed for pleading several pleas without leave, court to exercise discretion as to costs . • • • • 135 Plaintiff to Taxy after damages on judgment by default are ascertained for final judgment ..... 143 Of the Day, rule for, for not proceeding to trial, or assessment, pursuant to notice, or not counter- manding in sufficient time, may be drawn up on afiidavit without motion in court •*... 148 Defendant entitled to judgment for, where plaintiff neglects to go to trial within a certain time after issue joined, and defendant having given notice to plaintiff 151 On Adjou7'7iment of Trial, may be provided for on terms and conditions imposed by court, &c 158 Of Proof of Documents not admitted on notice to admit fall on party refusing, unless judge certify refusal as reasonable at trial 165 Proof of Documents^ of which no notice to admit given, not allowed, unless taxing master of opin- ion that expense was saved thereby 165 C0S1 1027 122 122 124 130 135 143 .48 51 58 65 65 49 SECTION COSTS continued. Of First Trial to abide the event, where new trial granted on the ground that verdict ia contrary to evidence, unless court otherwise orders 168 Of Inspection by jury, &c., in discretion of court or judge.. ••• • *•• Of Application to judge for order, and proceedings to examine witnesses refusing to make affidavit, in discretion of court, &c 174 ' Of Oral Examination^ and terms to be fixed by •judge ;••• ^"^^ Of Application for rule or order for examination of parties or witnesses, and of rule or order and proceedings thereon, in discretion of court, &c. . 181 Taxation of, may be, and judgment entered forth- with, where judge certifies for immediate 'execu- tion or day named • • 183 Of Application for attachment of debt and proceed- ings arising therefrom, in discretion of court, ka. 200 Plaintiff's, ia suit for detention of chattel how recovered .••• • "^^^ Writ of Revivor J proceedings by, rights of parties to costs the same as in ordinary action 205 Prior to Suggestion, of, and subsequent to sugges- tion, plaintiff entitled to in action, where he gets judgment for debt, where executor is substituted as defendant in place of sole defendant, deceased, 211 O/*S%<7es«20» und proceedings on, allowed to party suggesting, if found to be true, and to opposite party if untrue, in cases where suggestion arises out of motions in arrest of judgment or for judg- ment, non obstante veredicto 217 & 218 On Arrest of Judgment, or non obstante veredicto, where they may be set off • • • • • 219 In Ejectment, of suit, claimant entitled to judgment for, whose title existed at service of writ, but I! ■iTi n I i COSTS continued. ^^'^'^^^^ expired before trial 285 In Ejectment^ claimant to have judgment and exe- cution for, when jury finds for him 239 In Ujectmenty defendants to have, when finding for them 240 In Ejectment, of suggestion of death by legal repre- sentative of sole deceased claimant, &c., party suggesting entitled to, on verdict for him; and defendant entitled to, if verdict for him 248 In Ejectment, defendant entitled to judgment where action discontinued against him 254 In Ejectment, claimant to have judgment for, occa- sioned by defendant, who confesses his title, having defended severally for what others de- fended 259 In Ejectment by landlord for arrears, defendant to have, where verdict for him, or claimant nonsuited, 263 In Ejectment by landlord for arrears, to be paid prior to discontinuance 265 In Ejectment by landlord against tenant holding over, court may order bond to be given to secure same to claimant 266 In Ejectment by mortgagee, may be paid into court, with principal and interest computed 271 In Second Ejectment by same claimant, defendant may get court to order security for 273 Of Mandamus, against defendant disobedient to, may be recovered by execution 280 Of Writs, under this act to be as near as possible the same as heretofore, but in no case greater : mileage not allowed for service of writ -without affidavit produced to taxing officer, stating sum actually disbursed and to whom paid 311 Plaintiifnot entitled to. Mvhp.ro. in aotiop of frpann The like, where defendant not a British subject, resides out of jurisdiction 3" Particulars of demand, may order further 41 Defendant Absconding Debtor, may let in to put in special bail or to defend on afi&davits account- ing for delay and disclosing good defence on merits ...••• • ^* May Rule or Order Sheriff to sue debtor, &c., of absconding debtor on application of plaintiff in writ of attachment •••• ^^ Judgment and Execution obtained fraudulently or in collusion with absconding debtor, may be set aside or proceedings stayed by, on application of plaintiff on any writ of attachment 55 iUfa?/ sia^j:'rocce(^%s in action ^y absconding debtor against his debtor or custodian of property after notice of writ of attachment • • • 52 On disputed question of fact arising out of action by absconding debtor against his debtor, &c., may direct an issue to try the same 52 Before or after final judgment may let in defen- dant to defend, on affidavits accounting for non- appearance, and disclosing defence on the merits. 60 May set aside defendant's appearance in person, where his address given is illusory or fictitious 63 May permit Plaintiff, where defendant's appear- ance is irregular or set aside, to stick up proceed- ings in office whence writ issued 63 At any time before trial may order person not % m ffi,: 'i COVm on JVmi^ continued. ®^^"^^ joined as plaintiff to be joined, and strike out plaintiff originally joined •••••• gy Misjoinder of Defendants, may amend as a variance at the trial of any action on contract 70 Mmj i>rderieparate triah of different causes of action joined in one action on separate records to be made up,. •• .., *tk May order delay in execution on judgment, entered on finding of jury (on trial of issue without formal pleadings, as in section 77 Sch. A. No. 8), in order to give either party an opportu- nity to set aside the verdict, or to move for a new trial •••••• ••,,,,, ^^^ •t9 Nummary Decision of mere matter of account may give, on application of either party, or order that such matter either in whole or part, be referred to an arbitrator appointed by the parties, or to an oflScer of the court, or in country causes to judge of county court , 34 Whm mere matter of account is referred to arbitra- tion, may direct a case to be stated for the opinion of the court, or an issue for a jury, upon the allowance or disallowance of a particular item 85 On Comptihory .Reference under this act or on ordinary reference to arbitrator or umpire where the submission is made a rule of court, may remit matters referred for reconsideration! 88 May stay prccedinys in action in contravention of agreement to refer matters in difference to arbitration, on application of defendant, but the order thereon may be afterwards varied or dis- charged... • ••••••• , 01 May remhe the appointment made by any party of his arbitrator as solo referee where the other referee omitted to appoint bis arbitrator 93 I. :tion t 67 I 70 I 75 79 84 85 88 91 ^3 55 SECTION COURT OR JUDGE continued, Pleadingy may striko out, framed to prejudice, embarrass or delay •••.•• 101 ^ Maif extend time for pleading in bar beyond the eigbt days • • •• 112 Puis darrein continuance^ plea of, may dispense with affidavit to accompany •••••• 118 Payment into Court, may order one or more defen- dants to be allowed to make 119, 121 Plead and Demur at same time may grant leave for and direct which issue to be first disposed of . . . 129 Plead several matters^ may give leave to either plaintiff or defendant to, on affidavit, if required 130 Where leave granted by, to plead several matters and order made, no rule of court required 131 Judgment signed for pleading several matters with- out leave, may set aside on affidavit of merits, and terms as to costs in discretion. ... * ..••••• 135 Netv Assignment^ may grant leave to plead same plea to, already pleaded to declaration on proof that repetition of plea is essential to trial on merits 137 Demurrer delivered without statement in margin, or with frivolous statement, may give leave to sign judgment for want of a plea 138 Amended Pleading, may alloAV further time than two days to plead de novo to 139 On Judgment hg Default^ where damages for which final judgment is to be signed, are substantially a matter of calculation, may order them to be ascertained by clerk of the crown and pleas, if proceedings in principal office Toronto, or if in county, then by judge of C.C. .*.. • 143 Adjournment of Trial, may order on terms at dis- cretion • '. l'^^8 Judg* at K. P= may, during trial in actions involv- ^■K ; ft? I^^H^^^H ^ B^^^^^^^^^B > 1' ^H II ■ ! P 56 COVRT OR JVDGE continued. """"*' «ng long accounts, direct a reference as to part of issue, and verdict for the rest (See 20 Vic., ch. oi, sec. 12),,, ,,,,,, ,^^^ ^«4?. «« W«;, has a right to Vnsp^ct' 'and i;; 'foi purpose, of trial in his discretion writing on £rhir^"""-^'=^"'"'''''^''''-''-S ^ff^ifor ne. trial, i^'i:"^::;:;^-:, ^^^ nonsuit, court may amend where omission made of grounds on which same was granted 168 to opposite party to answer by, any new matter arising out of the other's aiHdavits .... i «, Inspection of real or personal property, may mlk; ru e or order for, by jury, pity, of litnL" . 172 If~y of Document,, in action in superior courts. oZ:foit.!'::i-*''-rp'--oft''« /»ferr.^«to.;,Hn writing for di;;;;*.;,' m^; u;; "^ llT 7 r "'','' P''"''"^"''" of doouments may make order for, where party omits without jus^ dtscoZ """ '°'""=^'-- - -''-S for 4^, Execution immediate, judge before end oVsVttii;;; b"cS:ar::f!:::;:-'^^y'''''onamfd • Judgment to be entered, and exe'c'uHon liay'e'd'or ^^^ >et a,,de, court in which action brouglif, after judgment signed or recorded, or execution issued COl i I SECTION parfc •t ch. • • • I 156 efor ? on •eing .... 161 t or dade > . . * 16d 3ave -tter ... 167 take >s.. 172 rts, the ... 175 ;ive • • . 176 lay list for .. 177 ibr .. 177 lie of .. 181 3d .. 182 or er id i 57 SECTION COURT OR JUDGE continued, under sections 182 & 18^ may order, and may enter arrest of judgment, or grant anew trial, or a new assessment of damages 184 Oral Examination of judgment debtor as to debts owing to him, and production of books, may make rule or order for. • 193 Attachment of Debts^ at discretion to determine costs of application for, and proceedings inci- dental thereto 200 In action for detention of Chattel^ may on plaintiff's application order execution for return of chattel 201 Revival of judgment and execution, court may grant rule to shew cause, Sch. A. No, 9 . . . 203, 204 Court discharging rule, applicant may proceed by writ of revivor, or action on judgment. 204 Executor, new defendant, may allow to plead fresh matter in answer to declaration 211 Suggestion of omitted facts, &c., court may allow, to remedy alleged defect in pleading, upon motion in arrest of judgment, or for judgment non obstante veredicto 217 In Ejectment, maygive leave to insert in notice of claimant's title more than one mode in which title is set up • 222 In Ejectment, may allow any person filing affidavit of possession to appear and defend, although not named in writ — '^ In Ejectment, judge may order in all cases better particulars of land claimed or defended 229 In Ejectment, may strike out or confine appear- ances and defences set up by persons not in possession by themselves or tenants 230 In Ejectment, judge may give leave, with consent of parties, for special case. • * . 233 7/i Ejectment, may order trial out of county where ft H II 68 SECTION COURT OR JUDGE continued. venue laid, on application of either party, on grounds in affidavit 23G In Ejectment^ whero surviving claimant gets judg- ment and execution for recovery of entirety of property, may direct possession to be delivered of deceased clalmants's share to his legal repre- sentative , , 247 In Ejectment, on suggestion of death of sole defen- dant, or all defendants before trial, on applica- tion of claimants, may give claimants liberty to sign judgment, unless person in possession or tenant, or legal representative of deceased defen- dant appear and defend within time to be appointed • • • ...,,., 250 In Ejectment, may, on death of one of several defendants who defends separately for property for which others also defend, let in person or legal representative to defend 253 In Ejectment, may order the name of one claimant desirous to discontinue, to be struck out of pro- ceedings on his application— terms in discretion 255 In Ejectment, may order tenant against whom landlord is proceeding to secure his costs, &c. . . 266 In Ejectment, by landlord against tenant holding over, where security given under sec. 266, court may, on verdict for claimant order judgment and execution in six days unless judge thinks verdict contrary to evidence, or damages exces- ' sive 268 In Ejectment, may on application of defendant in second ejectment by same plaintiff for same property, order plaintiff to give defendant security for costs, and stay proceedings till given 274 In Ejectment, the several courts and judges to exercise over proceedings like jurisdiction as COU] 250 25a 2(J(3 59 SECTION COURT OR JUDGE cowfm2(C(f, under old ejectment so as to insure trial of title, and actual ouster, &c 273 Mandamusy may direct plaintiff to perform act re- quired by mandamus, if defendant disobedient thereto, and enforce expense and costs by execu- tion against defendant -°v Mandamu$ jyrerogatlve writ, on motion for, court may make rule absolute in first instance and may enlarge time for return -ol . Injunction^ may on exparte application of plaintiff after commencement of action wliether before or after judgment, grant writ of 286 Injunction^ court may by attachment, compel obedience to • • • • • "85 Injunction, court may discharge order for writ or vary it, or set it aside 286 Replevin, may strike out equitable plea or replica- tion when 290 Actions generally, superior courts of common law, and every judge thereof, and judge at N. P. to amend at all times all defects and errors in any proceedings, in order to determine real ques- tions in controversy 291 Prisoner in Execution, on application of, in prison for three successive months, after notice to plain- tiff and oath of certain facts, to grant rule on order to shew cause why he should not be dis- charged from custody, and discharge accordingly. 300 Prisoner in Execution, may impose condition on debtor to assign his right, &c., in property, &c., to plaintiff, before granting discharge, in what • cases 300 Costs, judge may give certificate for in action of trespass or trespass on the case, when verdict less than 40«. damages 312 « [ ■ '«•! I - 60 COURT OR JUDGE wnfmwec?. ®^^"^^' General Mules, judges have power to make for practice and pleading , 313 General Mules, judges* powers under 13 & 14 Vic, ch. 51, not affected by act , 315 Potoer given to, by this act, the words, " a judge" to be held to authorise any judge of either of the superior courts to exercise power given by act 315 I71 action on bill of exchange, &c., after July 1st, 1858, may under special circumstances set aside the judgment and stay or set aside execution, and may give leave to appear to the writ on terms in discretion , (j C. t.P.,18a7. Plea ''''for defence on equitable grounds" em- powered to receive from either plaintiff or defen- dant in replevin u C. L.P.,185T CROWN Trial at Bar may be had by as of right as in Eng- lish cases , 14 ^ C.L.P.,185I. DA^IAGES Amount for jirial Judgment may be ascertained on order of court, by clerk of crown or judge of county court, when substantially a matter of calculation 143 Nexo Assessment may be ordered by court in which action brought ^ I34 Plairitiff's in action for detention of chattel, how recovered ^ 201 Claim for, or other redress, may be included in action for writ of injunction 283 DEATH Of Sheriff pending action against debtor of ab- sconding debtor, not to abate action 53 53 61 SECTIOK DEATH continued. Of Plaintiff or Defendant not to abate action, but it may be continued 208 Of Plaintiff or Defendant, wlicre more than one, and cause of action surviving to surviving plain- tiff, or against surviving defendant, not to abate action, but death suggested on record, action to proceed by survivors -0" Of Sole Plaintiffs his legal representative may by leave of the court or judge, enter suggestion of death and of representative character, and action to proceed 210 Of Sole or Sole Surviving Defendant, where the action survives; plaintiff may make suggestion of same, either on any of pleadings, if not at issue, or by filing same with pleadings if arrived at issue, of the death, and naming executor of de- ceased, and may serve executor, &c., with copy writ and suggestion, and other pleadings, and with a notice signed by plaintiff or attorney, re- quiring executor to appear within ten days after service, and in default plaintiff may sign judg- ment against him as such executor 211 If no Pleadings hefoYQ desith 211 Pleadings in other stages before death 211 Of either Party between verdict and judgment not ' to be alleged for error, if judgment be entered within two tcvms after verdict 212 Of either Party after interlocutory and before final judgment, the action if it might be originally prosecuted by executor, &c., of the plaintiff, or against executor, &c., of defendant, may be re- vived by writ of revivor (Sch. A. No. 11) 213 In Ejectment^ of claimant or defendant, not to abate action, but may be continued 244 In Ejectmenty of claimant whose right survives to SECTION DEATH continued. tnother claimant, may bo 8uggcste fends as joint tenant, &c., with plaintiff, but dcnr. s actual ouster, entitled to iudgment a.nd costs unless acti il ouster proved 243 In Ejectment, several, and defendant jointly, and one dying before or after judgment, action may on suggestion of death proceed against survivors to judgment and execution........ 249 In Ejeetment, sole, or all defendants dying after verdict, claimant is entitled to judgment without suggestion or reviv 2r>i In Ejectment, one dying before trial, who defends for part of property for which the others do not defend, claimant's proceedings thereon..,....*.... 2r>2 In Ejectment, dying before trial, defending sepa- rately for property for which others also defend, legal representative may on application get leave of coiu-t to appear and defend, and claimant's proceedings if such application is not granted... 253 In Ejectment, action discontinued against, entitled to judgment for costs (Sch. A, No. 17) 254 In Ejectment may give claimant failing to go to trial, twenty days' notice to proceed, &c 256 In Ejectment, sole or all may confess action as to whole or part, how, and claimant's proceedings... 257 In Ejectment, one of several may confess action for portion of the property, on notice when defending separately for a portion of the property for which the other defendants do not defend 258 C t: III 68 SECTIOJf DEFENDANT cmtimied. In Ejectment, one of several defending severally for what other defendants defend, may confess claimant's title on notice, whereon claimant may sign judgment for costs occasioned by defence... 259 In Second Ejectment^ by same claimant for same property, may, after appearance, apply to judge and get order for security for costs and for stay of proceedings till given , 273 Mandamus, disobedient to, court may order attach- ment, and also that plaintiff do the act required of defendant at his expense, and execution for same and costs may issue against him 273 In Action on bill of exchange after 1st July, 1858, in order to appear must get leave of any judf^e of a superior or county court on affidavits 5 C. L. p., 1857. DEFENCE Arising after Action begun, to be pleaded accord- ing to the fact without any formal commence- ment or conclusion , 117 In Ejectment, any person not named in writ may by leave, appear and defend, on filing affidavit shewing possession in himself or tenant 225 In EJectmetit hg Landlord, limited to defence which landlord might heretofore have set up... 227 In Ejectment, person appearing may limit to part .of premises in writ, giving notice 228 In Ejectment, deemed to be for whole unless notice • given confining defence to part 228 In Ejectment, by persons not in possession, may be confined or struck out by court or judge 230 Separate in Ejectment, by one defendant who dies before trial for property for which the other de- fendants also defend, proceedings to be taken by claimant thereon , 253 DEI DEI DE] de: 5 SECTION DEFENCE continued. Separate in Ejectment by one of several, defending for part of property not defended by others, confession may be given by him as to such portion 258 DEFECTS In IProceedingi in civil causes may be amended by superior courts, and judge at nisi prim at all times 291 Li Judgments, *J-c?., at law or cfiulty may be set aside for. by writ of appeal, to be sued out within four years from entering judgment, &c. 293 DEMAND OF RENT Ejectmmt hy Landlord against tenant, when rent half a year in arrear and landlord has right of re-entry, demand not necessary 263 DEMURRER Either Party may object to pleading by, for not setting forth s .ifficient ground of action, defence or reply ^^ After issue Joined thereon, not to be set aside for defect or lack of form, but court to proceed and give judgment according to the very right 99 With Plea, may be allowed by court on affidavit if required 129 Form of, and margin statement of some substantial matter of law intended to bo argued 138 Set Aside, may be, if delivered without statement in margin, or for frivolous statement, and leave may be given to sign judgment as for want of plea 138 Joinder on and form 1^8 i 1,1 1 I 70 DEPOSIT ^^'^^^^ Bill or Note on T,hich action is bronght may be required by court or judge, to be made with officers of the court j ^ C.tP.,I857- DEPOSITIONS TaJce-it under Order for examination to be returned and kept in office of court where proceedings carried on ji^g Office Copies of, may be given 179 Evidence, ivhen Certified under hand of judge, &c., makes them without proof of signature 179 DEPUTY CLERK OF CROWN Office hours ^^^ jo Within t^venti/'four hours after notice in writing delivered to him at his office, to enclose, seal up^ and transmit by post to the proper office in Toronto, addressed to the clerk, any record of nisi prius in his custody mentioned in such notice and all exhibits filed at the trial, and in default may be in contempt and dealt with in discretion of court , Q DISABILITIES Parties under, allowed further time to sue out writ of appeal against judgments, &c 294 DISCHARGE Prisoner in Execution, applying for, on plaintiff's default in payment of weekly allowance, plain- tiff may file interrogatories which debtor must answer on oath before order made 2% Prisoner in Execution, for three successive months after fifteen days' notice to plaintiff of intention may, oa proof of notice apply for rule or sum- DIS D P 3 SECTION DISCHARGE continued, mons to shew cause why he should not be dis- charged ;- 300 Court may, on application for discharge, make it a condition that he shall first assign and convey to plaintiff his right to any property, &c 300 Prisoner in Execution, and also on criminal charge, act not to apply to applications for discharge by. 309 Of parti/ in custody under ca, sa. by sheriff, &c., not to be a satisfaction of the debt, unless made by authority of the creditor •••••• l^^ Dehtor in Custody, may have, on default of plaintiff in payment of weekly allowance, after service of rule nisi, but not to operate to prevent plaintiff from proceeding to judgment and execution against body, lands, or goods, nor as satisfaction of judgment, &c., not to deprive plaintiff of any remedy against lands or goods of debtor 295 Of Judgment from registry by certificate and affi- davit of signature ^^ JfrtV he in manner now provided by law 20 •^ C.L.P.,1857 DISCOVERY Of Documents in possession of opposite party in action in superior courts, may be had and answers required on affidavit by order of court or judge • \ ■*•* Interrogatories in writing for, may be by parties to action in superior court, and answers required on afiidavits within ten days, and contempt for in- sufficient answers ^*^ DISCONTINUANCE In Ejectment, by claimant against one or more de- fendants, how 2^^ li!i m DISCONTINUANCE continued, ^^^^^^^ In Ejectment by one of several claimants, may bo by leave of court , 255 In Ejectment, landlord against tenant, for arrears of rent, where tenant or assignee pays landlord or attorney or into court, at any time before trial, arrears and costs 265 DISTRIBUTIVE Pleadiiig to bo construed as, and verdicts thereon 124 DIVISION COURT Creditors obtaining warrants of attachment and judgment against absconding debtors, entitled to satisfaction rateably with other judgment creditors .* ^g Bailiff of, ^'c, to deliver property and proceeds of property of absconding debtor in his hands under warrant, to sheriff acting on writ of attachment 56 ' Crarnishee, after notice failing to pay account due, or not appearing, then on proof of notice, judge of county court may order execution to issue out of county or division court IQ C.L.P.,1857. S/ieriff or Bailiff to levy debt and costs 16 ■rv^.^—^ C.L.P.,1857. DOCKET JDejmti/ Clerk of Crown and Picas to keep, and contents ie Copies of entries in, certified, to be evidence when judgment roll lost 15 DOCUMENTS Attestation to, requiring none, need not be proved 163 iVofc to admit ^ Igc Proof of not allowed in costs unless notice to ■ 1 265 124 56 56 73 6ECTI0» DOCUMENTS confmwec?. admit given, except taxing master considers it a saving * *"^ Production of, may be ordered on rule or summons 170 Discovery of, and Production^ liow obtained in actions in superior courts 175 Mentioned in order or rule for oral examination to bo produced **" DOG DAYS Proviso for proceedings mentioned in writ of sum- mons or capnis "»* EJECTMENT Writy to whom directed : form, Sch. A. No. 12, Statements, commands, notice, teste, when is- sued, tkration three months 221 Attorney issuing to indorse his name and resi- dence. No attorney, the party issuing to in- dorse his name and residence. Proceedings to ascertain if issued by attorney whose name in- dorsed • ••••• ^^'*' Claimant's Titlcy noiicQ of to be attached to notice; at trial claimant confined to title in notice 222 Service o/, vacant possession .^ 223 Appearance to within sixteen days after service... 224 Person not named in may on affidavit get leave to appearand defend -- 225 Appearance entered in office whence writ issued subsequent proceedings in same office 226 Appearance to Defend as Landlord^ &o to ^ state, any defence heretofore allowed to landlord, allowable, and no other 227 Limitation of Defence, persons appe: *ng to defend may make to part of premises, givnig notice, and serving within four days after appearance 228 1^ 74 EJECTMENT continued. ^"'^^^^ " Measonable Certainty;' want of in description of property, ground to apply for better particulars. 229 A]^ipearanGc% and Defences, by persons not in pes- session may be confined or struck out by court <>f j^^g« 230 Appearance, defendant making default in, claimant to sign judgment (^ch. A. No. 13) 231 Appearancehy Moml^iit to defend for part, claim- ant to sign judgment for residue (Sch. A. No. /^)-;; v; 231 Imie ivithout Pleadirigs, claimant or attorney may make up alter appearance. Where defence is for whole (Sch. A. No. 15), for part (Sch. A. No. 14) 232 Special Case may be stated by consent and leave... 233 Claimant going to trial to affix notices of claim and defence to record. Questions at trial, whether statement in writ of claimant's title true or false •, if true, which is entitled ; whether to whole or part, which part. Verdict in form Sched. A. No. 16, or like effect 234 Claimant proving title at servic: of writ, although since expired, entitled to verdict and judgment for his costs of suit 235 Court or Judge, on application by either party on grounds in affidavit, may order trial in county where venue is not laid 236 On Trial of, defendant, appearing and claimant not , appearing, claimant to be nonsuited ; claimant appearing and defendant not appearing, claim- ant to recover without proof of title 237 At Trial of, jury may find special verdict, or either party tender bill of exceptions 238 At Trial, verdict for plaintiff, judgment and exe- cution to follow for possession and costs within such time as court may order, not beyond the TION 229 230 231 231 232 233 J34 135 36 37 38 T8 SECTION EJECTMENT <;oHf/««f(7. issuing cxccutiun 'ju judgment, liut incqntur thereof may be maiiu on paper, and judgment thereon signed, costs taxed and execution issued; but proceedings to bo entered on roll in some \ 2G0 cases Judgment in, effect of to be the same as that of a judgment in ejectment obtained before the pass- ing°of 13 & 14 Vic, chap. 57, " an act to alter and amend the practice and proceedings in actions of ejectment in Upper Canada' 2G1 Landlord and Tenant. Tenant receiving or know- ing of writ of, to give notice to umdhjrd, &c., umlcr penalty of value of three years' rack rent 2G2 Landlord and Tenant. Where half year's rent in arrear, and landlord has right to re-enter, ho may bring ejectment without formal demand or re-entry - -^^ Service of writ, where premises vacant. Troof re(iuired before judgment and execution on non- appearance, or at trial where defendant appears. Lessee or assignee not paying arrears and costs, or seeking relief in equity within six months after execution, barred of relief, save appeal for reversalof judgment if erroneous. If verdict for defendant or plaintiff nonsuited defendant to have costs 3Iortgagee of Lease not in possession, not barred of rights, paying arrears, costs, and damages, and performing covenants, within six months after judgment obtained and execution executed 263 Landlord and Tenant. By landlord for arrears of rent, lessee or assignee claiming any right, &c., at law or equity, and proceeding for relief m equity not to continue injunction against the ejectment unless within forty days after full 80 SECTION ;! » EJECniE'ST conti7iued. ' answer by claimant, he pays into court the sum sworn to by landlord as arrears, and also the costs taxed to abide issue of cause, or paid to landlord on security; and where proceedings in equity taken after execution executed, lessor or landlord to account only for the exact sum he makes of premises, or which, if less than rent, lessee or assignee to pay before getting possession, enough to make up the rent 264 Landlord and Tenant. By landlord for arrears of rent, tenant or assignee paying or tendering at any"time before trial landlord his executors, &c., or their attorney, or paying into court all the rent and arrears and costs, proceedings discon- tinued 265 Landlord against T('?ia>ii for years, or year to year holding over after service of demand of posses- sion, may address a notice to tenant to find bail if ordered by court or judge, for the purpose thereinafter specified ; and on appearance or non- appearance, or filing affidavit of service of Avrit and notice, and producing lease and proving execution by affidavit, and on affidavit that premi- ses have been actually enjoyed under lease, and that tenant's interest has expired or determined and possession demanded, to move court, or apply to judge at chambers for rule or summons for tenant to shew cause within time fixed by judge why he should not enter recognizance with two sureties, conditioned to pay costs and damages recovered by plaintiff, and court on affidavit of service of rule or summons, if no causo shewn, to make same absolute .in whole or part, and^order accordingly, and pax'ty neglecting to obey order, then landlord filing affidavit to be at 266 267 SECTION EJECTMENT continued, liberty to sign judgment for possession and costs (Sch. A. No. 20.) Landlord arid Tenant, at trial of against tenant so soon as landlord has proved bis right to posses- sion, he may prove mesne profits from expiration of tenancy to verdict, or some preceding day specially mentioned in it, and jmy to give verdict for recovery of premises and for damages for such mesne profits, and landlord to have judg- ment for possession and costs and for mesne profits found by jury Landlord and Tenant, a,gainst tenant holding over and security given under section 266 and verdict for claimant, unless judge thinks it contrary to evidence or damages excessive he may order judgment to be entered and execution to issue for claimant in six days after verdict 268 Landlord and Tenant, against tenant holding over recognizances and securities given under section 266 may be taken before persons authorised to take bail in actions in superior courts and with like fees and charges, but no action on same to be brought after six months from time when pos- session given to landlord «•• -69 Mortgagee bringing, where no suit for foreclosure or redemption pending, if person having right to redeem who becomes defendant at any time dur- ing action pays mortgagee, or in case of his re- fusal shall bring into court principal, interest and costs, court^may discharge mortgagor and by rule compel mortgagee to re-convey promises and deliver deeds ••••• 271 C. L. p., 1857. Mortgagee bringing, where right to redemption con- tested or premises chargeable with other sums, B SECTION EJECTMENT continued. or right to redemption contravened between different defendants in same cause, the 271st section not to apply, and no subsequent mort- gage, &c., to bo prejudiced by act 272 Same Claimant bringing against same defendant for same property, court, on defendants applica- tion after appearance may order claimant to give defendant security for costs, and stay of proceed- ings till given 273 CreneraVy, Courts and judges to exercise like jurisdiction as exercised in old action of eject- ment, so as to insure trial of title and actual ouster when necessary, &c 273 ENLARGEMENT Of Time for making Aivard may be by consent in writing of parties, or by order of court or judge, and where no time specified, to be deemed for one month ......•^«' 0# EQUITABLE GROUNDS JReplicat ion in replevin, may be fr>r 289 JEquitabh Defence which in r*" cvin would in the superior courts entitle the opposite party to re- lief against judgment, may be pleaded now in replevin, provided the plea begins '* Fo^* defence on equitable grounds," or the like effect 11 C.L.P.,188T EHROR Death of either party between verdict and judg- ment not to be alleged for error, if judgment be entered within two terms after verdict 212 ESCAPE Sheriff not liable to action for, where del^Mf allowed the limits on bond, &c., in the regular ill ■ 272 273 273 95 289 83 SECTION ESCAPE continued, iSherif not liable to action for, after assignment of bail bond to plaintiff ^^^ EVIDENCE - Farti/ not to impeach his own witness by general evidence of bad character, but may, when he is adverse contradict him, and how •••• J^^ Coiit days from last day of ^VP^^'^'''^;~^_ eO defendants not appearing to specially mdo.sed writ of summons, and effect of such execution by Irllng abando^unent against tl'OJ>tW aefend- ^^ rX;;f;;'amoun;nore;;;;ai;;gamoun^^^^ on mit of summon., with interest and costs ... 61 iZeSate, may issue on judgment ^^^'-^^^ finding of jury on trial of issue, w.thout formal ^^ dilte, unless otherwise agreed or stayed by pro- ^^ cee(Un<^s in error or appeal " — k!"/.- - on a judgment in ejectment WW. court orders possession of lands to be given pur- suant to award, and possession to be given by the ^^ sheriff in the same way ■ •••" Immediate, or on day named, judge may certify _ for, at any time before the end of assizes .• W^ Jssn of, may be forthwith or afterwards, accord- ing to terms of judge's certificate on any day m ^^^ vacation or term .....***.. •••••• • • • • • staining, or setting aside by court, m which action brought ••"• — ••■"^"■"v;i" ■ Set Aside, ^c, party affected by, restored o aU ho may have lost thereby, as on reversal of judg ^^^ ment by writ of error • •;•••■ Writ> of, may bo issued at once into any county uiled counties, and be directed to sheriff of any county or united counties without reference survimuxmmt I SECTION EXECUTION continued. to venue, and without suggestion of issuing of prior writ. , 186 Writ of against lands current when sheriff goes out of office, to bo executed, and sale made by successor , , , , , . , 187 Advertisement in official Gazette, of sale of lands during currency of writ, sufficient commencement to enable completion after it shall be returnable, by sale and conveyance of the lands 188 Writ oft dated and tested on day of issue 189 Duratiotif ono J ear , 189 Renewal before expiration for one year from date of renewal , 189 Renewal of to give priority according to the time of the original delivery thereof . ■ 189 Renewal of writ of execution ; Evidence of 190 Writs of to fix bail, may be tested, and returnable in vacation , , , , 192 Against G-arnishee^ by order of judge, may issue without any writ or process for amount due from him towards satisfaction of the judgment debt... 196 Levied against Garnishee is valid discharge to him for amount levied by judgment creditor 198 Writ or Writs. Plaintiff in action for detention of chattel, entitled to against defendant's goods or lands for, damages costs and interest.. ...... 201 Revival of where necessary, how 203-204 hsue of, may be by authority of husband, without writ of revivor or suggestion 214 On Wife's Judgment^ may be authorized by hus- band 214 Jn Ejectment, for possession and costs, when to issue on finding for claimant 239 In Ejectment^ for defendant, to issue on fifth day of term after verdict, unless ordered 'hj court or judge previously , 240 EJ .-.te*/-'' 189 189 190 192 4 -il \ i 87 SECTIOK EXECUTION confuiMec/. In Ejectment on judgment for recovery of posses- sion and costs, may be either in one or separate , 241 writs ' • ;• ^ - In Ejectment after confession of action -o» In Ejectment for recovery of possession of tlie por- tion of the property for which one of several do- ^ fendants gives confession -^^^ In Ejectment, on judgment in, may issue without entering proceedings on roll, except where nc- ccssary for the purpose of evidence or bringing error or appealing, &c • In Ejectment, executed, by landlord for arrears of rent, lessee, &c., seeking relief in equity against him, limited to six months after — -^3 On Mandamus, against disobedient defendant, may be issued by court for expense of act performed by plaintiif and costs..... • -..280 In Action on bill of exchange, &c., after July 1st, 1858, plaintiff may issue on final judgment at end of 15 days after judgment has been signed... 4 After Judgment, in action on bill of exchange, &c., court or judge, under special circumstances, may stay or set aside and give leave to appear to the writ on terms, in discretion • •-- ^ ^ J On Judgment, within what time may issue on with- Agaimt aarnishee, may issue out of county or division court by order of judge of county court, 16 Founded on Confession or Cog, Act, the latter in order to support the former must be filed of re- cord within one month after giving IJ 88 SECTION EXECUTION confinwef?. Founded on Corifession or Cog, Act, which at pas- sing of act was unsatisfied, the confession or cog, act, must be filed of record within four months from passing of act to make it valid to support execution ^° C. L. p., 1847. Against Goods. Sheriff under /. fa. to seize money and bank notes, (including surplus of any former execution), cheques, bills of exchange, promissory notes, bonds, mortgages, specialties, or other securities for money, and pay or deliver same to plaintiff 22 C. L. P., 1867. Plaintiff to whom sheriff has delivered bills, &c., may sue in the name of the sherifl*, &c., for the sums secured thereon 22 C.L.P^1S57. Payment to sheriff, &c., of cheques, &c., or recovery and levying execution against the party liable thereon, shall discharge him to amount of pay- ment or recovery and levy, from his liability on such cheque, &c • • • 22 C.L.P.,1867. After Execution, and satisfaction of levy and sheriff's poundage and expenses, if any surplus in sheriff's hands, same to be paid to party against whom writ issued 22 C. L. P., 185T' Sheriff on, not bound to sue any party upon any cheque, &c., unless execution creditor gives bond, with two sureties indemnifying him from costs and expenses 22 C.L.P.,1867- From Q. B., C. P., or County Court against goods, wearing apparel of debtor and family, exempted from seizure, and tools, &c., to value of <£15 also exempted.... 23 C.L.P.,186T- SECTION EXECUTION m»ftnu€rf. « r. w r. n Against Goods, where issued from Q. B., C. P., C. C. and warrant of execution against the gooda of the same party has issued from a division court, the right to the goods seized to be determined by the priority of time of delivery of writ to sheriff, or warrant to bailiff "'";;-^^^. EXECUTOR Of Sole Plaintiff, where plaintiff had declared, but sole defendant had not pleaded before death, shall plead at same time to declaration and sug- gestion within eight days after service of suggcs- tion *r"*** Proceedings Against, upon a judgment of assets in futuro, uiuy be had and taken in the manner provided as to writs of revivor 216 EXHIBITS AT TRIAL . ^ ^ . ^ ^ To he Sent to clerk of principal office m Toronto, with record of nisi priiis, by deputy clerk of the crown, after twenty-four hours' notice in writing todoSO Cl!p.1867. FALSE SWEARING . , Penalties of perjury on persons convicted of «>!" FEES , - OQ Service of writs, when no fees allowed for -'-^^Jl FELONY . . Conviction of, or of misdemeanor may be proved ^^^ against witness and how ^^ Forging signature to affidavit, &c FIERI FACIAS Jor^ooc^s, Sheriff may seize under, money, cheques, ^^ bills of exchange, bonds, &c • • • •^« • '^^ ^^^^ I" m SECTION HEUl FACIAS continued. Wearing Apparel of debtor and family, &c., exempted from soizuro under. • • 23 C.L P.,185T. Tools to value of £15 exempted from 23 C. I. p., 1957. Against Goodsy from Q. B., C. P., or C. C. and warrant of execution from division court issued at the samo time, priority to be determined by time of delivery to sheriff of writ and of warrant to bailiff, . , • , , . • . , 24 C.X..P.,1857. FINAL JUDGMENT On Cognovits Actionem and warrants of attorney when and where they may bo entered 10 Plaintiff may sign at once (Sch. A. No. 7 bis.) and what amount where writ of summons specially indorsed, on filing affidavit of personal service of writ of summons, or rule of court, or judge's order for leave to proceed under the act, and the writ of summons go Error or Appcaly no proceedings to be on 60 In action where defendant does not appear, and plaintiff signs judgment, the writ of summons not being specially indorsed, but where it might have been qi In Action on Bill of Exchange^ &c., after 1st of July, 1858, plaintiff may sign in form, Sch. 2, on default of defendant's appearance 4 C. Ii. p., 1667. ^woMw^ for which to bo signed 4 C. L. p., 1857. Sum for Costs in to be fixed by rule of court 4 C. L. P, 18«. After, in action on bill of exchange, &c., court or judge may, under special circumstances set it FIN. FOR VTXA GA( GA GI SECTION FINAL JUDGMENT continued, aside, antl stay or set asia© execution and give leave to appear to tlic writ on terms in 'l^scretion^ ^^^6 FORMS Of Writs altered by act, not to destroy previous force and effect except as to alteration ^^^ FRAUD Prisonei' in Execution for, and for other reasons specified in section, may Ijc recommitted for ^^^ twelve months • • * * Limits of, to be the limits of the county, U ^^i Sheriff may take bail to limits of *^ ** Surctia of a debtor on bail to the limits may sur- ^^^ render debtor at .**.**', Limits of, not for debtors in custody on criminal charges •• Limits of, sheriff taking bond from debtor under tho 302nd section of C. L. P. Act, 1856, to have further condition in bond for debtor to get same allowed, &c., within thirty days from delivery to ^^ sheriff, &:c aL.'p,i857. GAOLER , ,^. .. ^06 To Receive Debtor surrendered by sureties ^^^o GARNISHEE Is a Party owing debts to judgment creditor withm ^^^ jurisdiction • * ' * * Judge may order to appear before him, to shew cause why he should not pay judgment creditor the debt due from him to judgment debtor or sufficient to satisfy judgment •ft .0^. -^^A^^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 li&lM 125 2.2 I.I lAO u ■IHU 2.0 i? <"■ 4& . ^ I OAmiSUEE continued. ^'^^^ Debts in hands of, bound by service of judge's order to attach debts or by notice as judge may direct 195 Execution may issue against on order of judge, for not paying forthwith into court and not disput- ing debt claimed to be due to judgment debtor, or not appearing on summons , . , , 196 Disputing LiaUlity^ writ against him may be had by order of judge for alleged debt, &c 197 Discharged is, as to amount paid, as against judg- ment debtor , , , jgg Costs of application for attachment of debts and proceedings arising from or incidental to such application, in discretion of court or judge.... 200 Amount Claimed within jurisdiction of county or division court ; the order under the :i94th sec- tion of C. L, r. Act, 185G, shall be for garnishee to appear before judge of county court where garnishee resides, on particular day and place in county , 16 O.L.P.,1857. JVbfiVe thereof to, on service of order 16 , ^ C. L. p., 1857, Execution against^ to issue out of county or divi- sion court, failing to pay, or not disputing debt, or not appearing, may be ordered by judge, on proof of service of order and appointment four days previous ...,« ..„„ 16 C.L.P.,1S67. Disputing Ms Liabilitg, judge may give judgment creditor leave to proceed against in the county or division court for same and costs 16 0. L. p., 1867. Payment by, or execution levied on, to be a dis- charge to him as against the judgment creditor, although the proceedings may be set aside, or the judgment reversed 16 C.L.P..1857. G G E 16 SECIION GOOD FRIDAY When Last of Ten Daysy for proceedings mentioned in writs of summons or capias in default of defendant's appearance or putting in special bail, same to be taken on following day 65 GOVERNOR OF PROVINCE May suspend rules made by judges, when 818 HABEAS CORPUS Prisoner to be bad up for examination on issue of by court or judge ...173 HOLDER Of Dishonored Bill or note, remedies for expenses of noting and protesting, or damages for non- payment • ••••••• o Of Bill or Note may proceed against all parties to it under this act in one action ** ^ C.I..P.,19»7. HOLIDAYS Provision where the last of the ten days for pro- ceedings mentioned in writs of summons and capias, in default of defendant's appearance, or putting in special bail, falls on 65 HUSBAND AND WIFE In Action hy^ on cause of action arising to wife, husband may add thereto claims in his own right, 76 Separate actions brought in respect of their claims, court or judge may order to be consolidated, and, either plaintiff dying, the suit will abate only as to causes of action not surviving 76 Judgment may be against wife alone, or, by suggea- tion or writ of revivor, against husband and wife, I hv ^..1 SECTION HUSBAND AND WIFE continued, and execution issue thereon, Tfh^re wife, plaintiff or defendant, married after action commenced... 214 INCUMBRANCES In ejectment subsequent to mortgage, not to be prejudiced by any proceedings under the 271st section. , .....,.„. 272 INDEMNITY Against Loss of negotiable instrument given, court may order that the loss shall not bo set up in action , „ 292 INDORSEMENT On evert/ Writ of summons or capias, what 21 On any Writ^ and copy served or executed for the payment of any debt, shall be stated. Amount of Debt , , „ 26 Amount of what plaintiff 's attorney claims for costs of writ, copy and service, and attendance to receive debt and costs 26 That on Payment within eight days to plaintiff or attorney, further proceedings will be stayed 26 Form of 26 On any Writ omitted, may be amended, how and when 87 On Writ of Ejectment , ...221 INJUNCTION Chancery in, ejectment by landlord against tenant, conditions precedent to grant or continuation of injunction against ejectment imposed on lessee seeking relief against landlord in equity 263 INJUNCTION WRIT Breach of Contract^ in all cases of and other injury 95 SECTION T^TU^OTION WRIT continued. when party injured is entitled to maintain and has brought an action, he may in like case and • manner as for mandamus claim a "writ of injunc- tion against repetition or continuance of breach of contract or injury, and may include in same action claim for damages 284 Writ of summons in such action, the form the same as writ of summons on any personal action, but on every such writ and copy is to be indorsed a notice that in default of appearance the plaintiff may besides proceeding to judgment and execu- tion for damages and costs apply for and obtain a writ of injunction ....•..• ^o4 Writ, Proceedings in action to obtain similar to those in action for mandamus, and judgment may be given that writ of injunction do or do not issue ; and may be enforced by attachment by the court or judge thereof • • ^85 Writy order for, if granted exparte may be dis- charged, varied or set aside by court 286 INSPECTION Bi/ Jury, Party or Witnesses, of real or personal property may be ordered by court, &c., on terms on application of either party 172 ISSUE Without Formal Pleadings in form of Sched. A. No. 8, may be made up for trial by consent of parties and order of judge, between writ and judgment •••• (Schedule A, No. 8) by consent for trial, without formal pleadings, on the finding of the jury upon, judgment may be entered, and execution issued forthwith, unless otherwise agreed, or the court or judge shall otherwise order 79 !■ yii I ::: f ', i 1 if. . ¥44. 9$ ISBVE continued. *®*^^^* The Proceedings upon, on trial by consent (Sched. A. No. 8,) may be recorded at instance of either party, and effective whether recorded or not . . . 80 Finding of Jury on, as to particular items in ac- count referred to arbitration, tried by order of judge, to be acted on by arbitrator 85 Joinder ofy and form \\ 223 Plaintiff may add for defendant in "all cases where plaintiff's pleading is in denial of defend- ant's pleading or some part of it 128 Of Fact or Law, resulting in favour of either party where several matters pleaded by leave of court, costs to be adjudged to successful party whatever may be the result of the other issues 130 Joined, and plaintiff neglecting to bring up to trial, defendant may give twenty days' notice to bring it on, and plaintiff neglecting, defendant may suggest on record, and sign judgment for his /^f,l^- • 161 in Ji^jectment may be made up by claimant or attorney, after appearance entered without plead- ings, so that it may appear for what defence is made, and directing sheriff to summon a jury... 232 Defence for Whole, Sched. A. No. 15 232 Defence for Part, Sched. A. No. 14 232 In Ejectment, notice limiting the defence of each of the persons answering to form part of 232 INTERPLEADER Sheriff to have the like right of in case of attach- ment against absconding debtor, as in respect of writs of execution 27 C. L. p., 1857. INTERROGATORIES For Discovery, in writing, may be delivered by !| mmmt 3d. ler .. 80 ic- of .. 85 .. 128 es d- . 128 3r . 130 1, g 7 is . 151 r [- s . 232 . 232 . 232 1 . 232 27 ».,1867. m INTERROGATORIES cmtinmd. order of court, &c., in causes in superior courtt by plaintiff, with declaration, and by defendant with plea, requiring answer on affidavit within ten days to be filed 176 Order for, founded on affidavit of party applying his attorney or agent #.••'• 177 Party Omitting to answer without just cause, court may direct oral examination, and before whom. 178 Prisoner in Execution applying for weekly allow- ance or discharge in default of payment, plaintiff may file against, to be answered on oath prior to order for allowance or discharge .."* ^^^ Prisoner in Executionj plaintiff may file against and serve on, and court or judge may stay pay- ment of weekly allowance till answers filed, and four days' notice given of filing 297 Prisoner in Execution, against, must be filed by all plaintiffs joining in, as if they were plaintiffs in one suit -^ 298 Prisoner in Execution for three successive months, plaintiff may file further against, applying for discharge on rule or summons, and debtor order- ed to answer rule or summons before finally disposed of, in what cases 300 INVENTORY . And Appraisement by sheriff of property seized under writ of attachment against absconding debtor, how made, and how paid for 49, 50, 54 And Appraisement sheriff having made on first writ of attachment against absconding debtor, not required to make new one on subsequent writ of attachment coming to hands. 54 To he made by sheriff of property siezed by him of absconding debtor • 49, 54 V ■ 1. 1 98 SECTION JOINT CONTRACTORS Proeeedingu fcgamafc, on writ amended by plaintiff after plea in abatement for non-joinder 71 Abatement of Action against, not to be unless special averments in defendant's plea of abate- ment that joint contractor is living within the limits of Upper Canada and affidavit of truth of plea filed 73 Judgment may bo recovered against one or more of that are sued on proof of joint obligation, which may be given in evidence against any one contractor , , , , , 74 JOINT OBLIGATION, &c., Evidence may be given in, against any one or more of joint obligors, &c., for recovery of judgment against him 74 JOINT TENANTS, &c.. In Ejectment^ with claimant, may at time of ap- pearance or within four days after, give notice of their defence as such, and admitting claimant's right to share with thera and denying ouster and supporting same by affidavit, notice shall bo entered on the issue, and the question of ouster tried in addition. , , , 242 JOINBER OF ISSUE Form and effect of , •••.... 128 Plaintiff may add for defendant, in all cases where plaintiff's pleading is in denial of defendant's pleading or some part of it ••••••••••• 128 JUDGE Meaning of the words " A judge" .....•• 816 On consent of parties, may order trial without for- JU 3TI0H 71 78 74 74 242 1^ 128 815 irDGB continued, mal pleadings (Sch. A. No. 8) on being satisfied that tliey have a bond fide interest in the decision of tbo question, and that the siimc is fit to be tried 77 On Consent of parties, may order speeiivl case on questions of law for the opinion of the court, after writ issued and before judgment 81 Award, enforcement of under compulsory reference, may authorise at any time after six days from publication although the time for setting it aside has not elapsed ^^ Of Superior Court may appoint arbitrator or um- pire where parties fail to appoint under agree- ment or arbitrator or umpire die refuse or be- come incapable to act • "* Of Superior Courts. Judges may order and direct by rule or order, either in term or vacation, what pleas may be pleaded together, other than those which may be pleaded together of course 133 At Nisi Prius may during trial in actions involving long accounts direct a reference as to part of issues, and verdict for the rest, &c. (Sec 20 Vic, chap. 57, sec. 12) 156 At Trial has right to inspect and use for purposes of trial, in his discretion, writing on which witness is cross-examined without being shewn to him ; 1^1 WitnesSf attendance and examination of, and pro- duction of documents, may order, when witness has refused to make affidavit required in action in superior courts •••••• ..174 Certificate may give for immediate execution, or at dav named, at any time before end of sittings or \ '' 182 assizes • • .......•• ao* On Application^ exparte of judgment creditor on affidavit, may order attachment of debts in hands m .• I li 100 SBCIION JUDGE continued. of garnishee to pay amount of uT.licor's judg- ment 194 Garnitheey to appear, may order 194 Service of Order to attach debts due to judgment debtor, or notice to garnishee, as judge may direct, shall bind debts 195 Execution against Garnishee, omitting to pay amount due from bira into court, or not appear- ing on summons, may be ordered by judge 196 May issue Summons to judgment debtor to shew cause why judgm jnt should not be revived and execution. (Sch. A. No. 9) 203-204 On Su7n7nonSy may limit time for proceedings by party entitled to continue action, where but for bis act the action would have abated 216 In Ejectment may in all cases order better par- ticulars of land claimed or defended, or of title thereto 229 In Ejectment, may give leave with consent of parties for special case to be stated 233 General Mules of practice, power as to 813 Powers of, under 13 & 14 Victoria, cap. 61, not affected by act , 31^ Of Superior Courts may sit after term, for giving judgment 816 In Action on bill of exchange, &c., after July let, 1858, judge of any superior court or county court shall on application, within sixteen days from service of writ, give leave to defendant to appear and defend on defendant paying money into court, &c,, or upon affidavits disclosing a legal or equitable defence, &c 5 C.L.P^1867 f. .^^At Msi Prim directing any reference under the ' - 156th sect, of the C, L, P. Actj 1856, may direct J1 li. I 101 JUDGE cu)ifi)iUi'iL sach referenee m like manner m- 1m' has power to do under the 84ih and 85th sections of the 0. L.P.Act,1856 12 Every Arbitrator so appointed by,* shall he suhject to the provisions of the eaid 84th and 85th sections 12 c.i..p.,m7. Powers of arbitrator so appointed by, to be those expressed in the 86th section of the C. L. F. Act, 1856 12 C.L.P.,m7. BegulationSf as to which arbitrator so appointed by is to be subject, are those mentioned and provided in regard to arbitrators in and by the 87th section of the C. L. P. Act, 1856 12 C.L.P.|1U7* Trial at Bar, judges may appoint a particular day for 15 C.L.P>1B&7. Of County Court of county where garnishee resides to exercise jurisdiction in orders made for Mm to appear before him in cases where amount claimed is within the jurisdiction of county or division court • 1^ C.L.P.,1U7< When he may order execution to issue out of county or division court against garnishee 16 C.L.P}18S7. Of County Court, may, in actions in superior court when the attorneys of plaintiff and defendant reside in same county, issue summonses and orders for copy or inspection of documents and particulars of demand or set off, security for costs and time to plead • 21 C.L.P,m7- i t iri vm JUDGE emtinued. Of County Courts aiiowanco of bon^ on ^nfl to the limits by 26 O.L.P.,18ftr> JDUallowanofioi,.*^. •.... 26 o.i.p.,i8sr. Powers conferreu on judges by C. L. P. Act, 1856, extended to making rules and now forms of pro- ceeding under this act 81 JUDGE'S ORDER o.l.p.,i867. For Issue of capias where cause of action other than debt certain , 28 JUDGMENT In Queen's Bench or Common Pleas when entered by deputy clerk, certificate signed by him to be given of same, which may bo registered and bind lands 15 Against Absconding Dehtory not obtainable till plaintiff proves debt or damages 45 And Execution thereon obtained fri.udulently, or action brought by plaintiff in collusion with ab- sconding debtor, no privilege allowed over sub- sequent execution under writ of attachment, but court or judge may sot aside 55 Obtained by cre('*tor of absconding debtor in division court, creditor obtaining to share with other credi- tors of absconding debtor who obtain judgment 66 Creditors of absconding debtor, when to share rate- ably with judgment creditors under writ of attach- ment , „,,,,, 67 May he Signed by plaintiff against one or nore of several defendants, not appearing to specially indorsed writ, others appearing 66 By Default, plaintiff may sign in action commenced by writ of summons not specially indorsed , 61 wiwiiirimmaaBHM ? loa BBcnoH JUDGMENT continued. Joint Contractors, against one or more of, on proof of the joinfc obligation to bo recovered as if it were only tho obligation of tbe defendant or defendants sued •••••» ••• ^^ May he Entered on finding of jury upon trial of issuo without formal pleadings (Scb. A. No. 8) 79 On Trial hj Coni* nt (Scb. A. No. 8) ^vllLtller recorded or not, to have same effect as any other judgment in contested action •»' ^v To he Entered for sum fixed by parties in subaut- ting special case to court, as depcmlent on its opinion • • •••• "^ In Ejectment, order of court for delivery of posses- sion of lands under award, to have effect of 96 Against Land, registered, ceases to be a lien, and lien ceases in three years after registration or within one year after passing of act (10th June, 1867Wnless re-registered ^^ Diicliargo from registry by certificate signed by judgment creditor •••••• ,-;? Diacharge, may be in manner now provided by law 20 £or Costs of suit, plaintiff to sign, if, after taking money out of court in discharge of action, defen- dant omit to pay as taxed within forty-eight houre '• •* ^^^ And Costa of suit, defendant entitled to, where plaintiff does not accept money paid into court, and where issue thereon is subsequently found for defendant •••*!* ^^^ For Balance, when defendant entitled to, and his costs on plea of bet-off. ....•..."♦.. 1-4 Opposite Party may sign^ where (cases provided 104 SECTION JUDGMENT continued. for in act excepted) cither party pleads several pleas, &c., without leave.. t • 135 For Pleading several Pleas tvithout leave signed, may be set aside by court or judge upon affidavit of merits, and terms as to costs in discretion ... 135 When Demurrer set aside for want of statement in margin, or for frivolous statement, may by leave be signed as for want of a plea 138 Bi/ Default, and mode of ascertaining amount to be recovered thereon 141 By Default, to be final where plaintiff seeks to recover a debt or liquidated demand in money, where true cause and amount stated in special endorsement on writ of summons or declaration. 142 By Default, where it appears to court that damages, which ought to be recovered by plaintiff, are sub- stantially matter of calculation, amount may be ascertained by the clerk of the crown and pleas, or by the judge of the county court Final, plaintiff may sign after damages on judgment by default are ascertained, as on the finding of a jury for assessment of damages ^2*m o/ilTowc?/ recovered by plaintiff may be award- ed to generally in, without any distinction being made as to whether such sum is recovered by way of debt or damages 144 Default for not proceeding to trial, British act 14 Geo. II., en. 17, '•^ An act to prevent inconve- niences from delays of causes after issue joi^ied,*^ so far as relates to judgments, as in cases of non- suit, not to remain in force in Upper Canada... 149 For Costs, and defendant to have, where plaintiff neglects to go to trial within a certain time after issue joined, having given notice to plaintiff. 151 Entered forthwith, where judge certifies for imme- Jl 143 143 SECTION ral >••• 185 ed, bvit ... 135 ; in a... XvO to .... 141 to sial on. 142 ;es, ub- be ^as, .... 143 ent >fa .... 143 ird- ing vay .... 144 14 we- dr lon- a... 149 \tifF fier .... 151 me- 105 SECTION JUDGMENT c?o«<««Mc(f. diate execution or day named, but party entitled to judgment may postpone signing 182 Signed by section 182 may be entered and recorded as of the court where action pending, though court not sitting on day of signing ............... 183 Signed or Recorded^ or execution issued under sec- tions 182, 183, may be vacated, and execution stayed or set aside by court in which action brought 184 Arrest of^ court in which action brought may enter, 184 Application to vacatCy to be made within first four days of term after verdict 184 In Superior Courts any crelitor who has obtained, may apply for order for oral examination of judg- ment debtor as to what debts are owing to him. 193 Creditory on ex parte application to court, and on leave before or after oral examination of judg- ment debtor, or affidavit of recovery of judgment still unsatisfied, to attach debts owing from gar- nishee to recover the judgment, &c 194 Creditor may sue garnishee, by leave of judge, for his debt and costs 198 Revival ofy and execution, may be by writ of revivor, or on leave of court on a rule to shew cause, or by a judge on summons, which may be in form, Sch. A. No. 9 203 Revival ofy court or judge discharging rule, or dis- missing summons to shew cause against revival, party at liberty to proceed by writ of revivor or action on judgment •••••• 204 Action on, may be brought by judgment creditor, 204 Age less than ten years, may be revived by writ of revivor, without any rule or order 207 Age more than ten years, may be revived by writ of revivor, allowed by rule of court or a judge*.. 207 K 106 SECTION JUDGMENT t'on^mwec?. Age more than fifteen years, may be revived by writ of revivor upon a rule to shew c»ause 207 On Trial after death of sole plaintiff, and sugges- tior* entered on the record, to follow verdict in favour of or against person making suggestion as if he were originally plaintiff. 210 Death of either party between verdict and, must be entered within two terms after verdict, to save allegation for error ^ 212 Inierlocutori/^ death of either party after and before final judgment not to abate suit where executor of plaintiff might originally have maintained action against defendant, or by plaintiff against executor of defendant »••• 218 Of or against Wife^ how proceeded on in case where wife, plaintiff or defendant, marries after com- mencement of action . 214 Of Assets in Futuroy proceedings against executors may be had and taken upon in the same manner as writs of revivor • -*<> On Motion in Arrest of^ court may grant leave to party to suggest the existence of omitted facts?, which, if true, would remedy defect 217 Non Qostante Veredicto^ on motion for, court may grant leave to party to suggest the existence of omitted facts, which, if true, would remedy defect, 217 In Ejectment^ to be signed by plaintiff in default of appearance, Sch. A. No. 13 231 To he Signed by plaintiff where defence limited to part, Sch. A. No. 14 231 In Ejectment for costs of suit, claimant entitled to, whoso title is proved to have existed at service of writ, although subsequently expired before trial 235 In Ejectment^ on finding for claimant when to be Jl /• -k\ SECTION .... 207 jes- in las .... 210 i be avc .... JdMM ■ore itor ncd IQSt .... 218 lere om- .... 214 tors mer 6 to .Ctt?, I.... S\t liay e of ^ect, 217 ault •••.• Sol dto i«... 2ol I to, vice fete Dbe 107 SECTION JlTDGWEl^T continued, signed, and execution to issue for possession and costs « • •••• 239 In Ejectmoity for defendants, when signed, &c. ... 240 In Ejectment^ for possession and costs, execution may be in one or several writs, at claimant's .• 9il1 Option ^** In Ujectment, for defendant and costs, when on trial of issue it is found that defendant is joint tenant, &c., and actual ouster not proved......... 243 For Claimant for possession and costs, where de- fendant defends as joint tenant, &c., with him, and is not found such, or that an actual ouster has taken place • ••• 243 In Ejectmenty on continuance ot action, for surviv- ing claimant, when and on what proof 246 In Ejectment^ on death of one of several defendants before or after who defend jointly, on suggestion action may proceed against surviving defendant to judgment and execution 249 In Ejectment^ claimant may have, without sugges- tion or revivor, although sole defendant or all defendants dead since verdict 261 In Ejectment for defendant, after twenty days' notice to claimant and latter not proceeding to trial 256 In Ejectment, may be had on confession (Sch. A. No. 19) 267 In Ejectment, on confession by one of several de- fendants as id the portion of the property for which he separately defends 258 In Ejectment for costs occasioned by defence of one of several defendants where the others de- fended for the same property, claimant to have where confession given 269 In Ejectment^ effect of, the same as that of a judg- f I; ^1 108 SECTION JUDGMENT contmued, ment in ejectment under the 13th & 14th Vic, c. 67, " An act to alter and amend the practice and 'proceedings in actions of ejectment in Upper Canada:* 261 In Ejectmentf landlord to have for recovery of pos- session and costs against tenant holding over who neglects or refuses to find bail under order of judge to secure claimant's costs 266 In £jectmentj landlord against tenant holding over, may be entered by leave in six days after verdict 268 Judgments^ Decrees. &c., at law or equity may bo set aside for defects or errors four years from entering of record, &c 293 In certain ActionSj and on fraudulent debts, to warrant court or judge to re-commit debtor ap- plying for discharge, for twelve calendar months, and then to be discharged 300 Out of Term, pronounced on days specially ap- pointed by judges, to have same effect as though given in term ...« • 316 JUDGMENT FINAL Judgment on Cognovits actionem and warrants of attorney, when and where they may be entered 10 Plaintiff may sign at once (Sch. A. No. 7, bis.) and for what amount, where writ of summons specially indorsed, and affidavit of personal service of writ of summons or a rule of court, or a judge's order for leave to proceed under the act and the writ of summons are filed 60 No Proceedings in Error or appeal to be on 60 When to be, in action where defendant does not appear, and plaintiff signs judgment, the writ of summons not being specially indorsed 61 In Action on Bill of Exchange, ^•••• 316 s of red 10 and ally nrrit rder writ 60 60 not tof •.••. 61 b of 109 SECTIOH JUDGMENT FINAL continued. July, 1858, plaintiff may sign in form schedule 2, on default of defendant's appearance * ' C.L,P.,W5T. Amount for which to be signed ••• J Sum for costs in to be fixed by rule of court J* After FinalJudgment, Action on Bill of Exchange, &c., court or judge may, under special circum- stances, set it aside and stay or set aside execu- tion, and give leave to appear to the writ in terms in discretion • ••••• C.L. P.|l**1. Founded on Confession or Cog. Act. the latter in order to support the former must be filed of record within one month after giving IJ C.L. P^lwT» Founded on Confession, or Cog. Act. which at passing of Act (10 June, 1857), was unsatisfied, the confession or cog. act. must be filed of record within four months from passing of act, to make it valid to support judgment. ..». 1^ JUDGMENT ROLLS And Papers belonging to, deputy clerk to send to principal clerk of proper court in Toronto to be docketed • • Lost or destroyed, certified copy of entry in docket books to be evidence *^ JURISDICTION T,..u u Writ of Simmons, where defendant, a British sub- ject resides out of (Sch. A. No. 3) ..." ^^ Writ of Su7njnons, where defendant, not a British subject, resides out of, (Sch. A. No. 4) 36, 40 m 3 i t: i I 11 110 SECTION JURISDICTION co7itimted. Jurisdiction and Non^jurisdiction Writs^ may be marked as concurrent, one for service out of juris- diction, and one in, and vice versa,,*, „»„„,»»,„ 39 Defendant out ofy where affidavit to be sworn on which to enable court to direct proceedings. ....# 40 Of Superior Courts ^ to entertain motion respecting arbitration or award, not to arise, when agree- ment made a rule of any one in particular of such supreme courts 97 In Ejectment^ of courts and judges under this act co-extensive with jurisdiction in old action of ejectment.. ^. 273 JUSTIFICATION Of Sureties J to bond on bail to the limits, how to bo made .•••••... 302 LANDLORD AND TENANT In Ejectment., party in possession may, by leave, appear and defend, though not named in writ, on shewing possession in himself or tenant , 225 In Ejectment^ person appearing to defend as land- lord, of property in his own or tenant's possession, to state in appearance, that he appears as land- lord 227 In Ejectment y defence by landlord, may be any which he might heretofore have set up 227 In Ejectment, appearance or defences, by persona not in possession by themselves or tenants, may be struck out or confined by court or judge 230 Tenanty receiving writ of ejectment, or knowing of it, to notify landlord, and failing, is subject to a penalty of three years* rack rent 262 Landlord, in ejectment, may recover penalty against tenant, who omits to notify him of writ of eject- ment 202 lii Ill SECTION LANDLORD AND TENANT continued. Landlord^ where half a year's rent in arrcar, hav- ing right to re-enter, may without formal TTx.«rTTr, , 8KCTI0M MANDAMUS continued. damus, commanding tlefciidant to fulfil any duty in waich plaintiff is personally interested 275 declaration to set forth sufficient ground, on which claim is founded, that plaintiff is personally inte- rested, that he sustains damage by non-perform- ance of such duty, and that performance has been demanded and refused , 276 Pleadings on the same, and costs recoverable by either party, as in action for damages ; if judg- ment that mandamus do issue, the court, besides ordinary execution for costs and damages, also to issue peremptory writ of mandamus to de- fendant , , , 277 Form of such writ, to whom addresseu, and return thereto , ,^ 278 Writ so issued to have force and effect of peremp- tory writ of mandamus 279 Court may, on plaintiff's application, besides, or instead of proceeding against disobedient defend- ant by attachment, order that the act to be done may be done by plaintiff at expense of defendant, to be ascertained either by writ of inquiry or reference, and enforce payment and costs by execution 280 Jurisdiction of Siqjerior Courts to issue writs of preserved, and not to be invalid because prose- cutor had the right to proceed by action for man- damus under this act \ ,,, 281 Prerogative Writ of, on motion for, rule may be absolute in the first instance, if court think fit, and when to be tested and returnable, and en- largement of time to return 282 MARGIN Of anif Writ issued by clerk or deputy-clerk of }i 115 SECTXOPf MARGIN continued* crown ami pleas to contain memoranilum of office and county whence issued • • • 20 MARRIAGE Of Woman, plaintiflf or defendant, not to abate action, which may be proceeded with to judgment and execution • • 214 MESNE PROFITS In Ejectment, landlord against tenant, may be proved at trial, and judgment given for damages to amount of, and for possession and costs 267 MILEAGE Not aUowed on service of writs, except on affidavit, produced to taxing master, of actual disburse- ment, and to whom paid • 311 MONEY, &c. Sheriff may seize, and chequer, &c., under fi. fa. for goods . . . • • • C.L.P.,lfl6T. MORTGAGOR AND MORTGAGEE Mortgagee of Lease, not in possession, not barred of rights on landlord's ejectment against tenant for arrears, if within six months after judgment obtained, and execution executed, he pay arrears, costs, and damages, and perform first lessee 8 covenants • •••• *••• Mortgagee bringing Ejectment, where defendant having right to redeem, pays him, or into court principal interest and costs computed, may be ruled to assign, &c., premises, and deliver deeds to mortgagor „«.,...♦ ••• 263 271 116 MORTGAGOR AND MORTGAGEE continued, ^^^^"^^ Mortgagor Appearing to defend ejectment brought by mcrtgagcc, may at any time pending action, pay mortgagee or into court, j)nnclpal, interest, and costs computed, and court ^vill thereon dis- charge him, and order rc-conveyanco of premises, and delivery of deeds 271 Mortgagee, or subsequent incumbrancers, not to bo prejudiced by any proceedings in ejectment, under the 271st section 272 MOTIONS On Affidavits, court or judge may give leave to opposite party to answer by affidavits, new matter arising thereon , , \q^ Hearing of, or summons, court &c., at discretion, may order production of documents, or witness for vivd voce examination and before whom. . . , 170 NEGOTIABLE INSTRUMENT Lo8sof, cou. . i. ly order not to be set up in action, ifindempi: ^iv. a ...,..„,, , ^, 292 NEW TRIAL After trial by consent tinthout Pleadings, jndge may delay execution, to give either party an opportu- nity to move for •..•• 79 NONSUIT Rule Nisi for, must contain grounds on which granted, but court may amend omission and permit re-service ,, , jgg In Ejectment, of claimant, where defendant appears at trial, and he does not ,. ,,„ 237 SKCTION Ight ion, •est, iliS" sea, ... 271 cat, ... 272 to ttor . .. 169 on, ess .. 170 on, lav tu- ... 79 ch nd ... 168 irs ... 237 117 SBOTXON NOTARIAL EXPENSES On Bill or Note, illslionourcd, maj be recovered by holder, with amount of tho bill..,.,..... 8 C. L. p., IBftT NOTICE Of Defen-^ant' a Ohjedionf for tion-joMcr tf ^laixi' tift', should be given in writing, at or before time of pleading , 68 Of Objection, given by defendant to non-jumder of plaintiff, writ ..nd other proceedings may be amended by plaintiff before plea, by adding persons named in notice (19 Instead of It ale, shall be sufficient requiring oppo- site party to declare, reply, rejoin, within eight days, otherwise judgment, and may be indorsed on any pleading which the other party is required to answer 102 To Plead to declaration in eight days, otherwise judgment, may be indorsed on copy declaration or delivered separately , 112 To Plead, no new one required to amended plead- ing 139 Of Assessment of Damages, eight days to be given 146 Countermand, four days, or when short notice, two days 147 Of Trial, eight days 146 Countermand, four days, or where short notice, two days 147 To Produce, service of, proved by affidavit of attorney in the cause, or clerk, and how 167 To SIcc>'iff, by creditor not to discharge his debtor, nullifies authority given by attorney for discharge from custody -, 191 To Garnishee, as judge may direct, or service on him of judge's order, shall bind debts in his . hands % , . 195 L 11 sM K. ^' !' \ Vi M 118 SECTION NOTICE continued. In Ejectment, of claimant's title, to bo attached to writ and copies 222 In Ejectment, of claimant's title, attached to writ, not to contain more than one mode in which title is set up without leave of court or judge 222 In Ejectment, of defendant's claim, to be filed with appearance, its contents, and rules and •restric- tions applicable thereto 224 In Ejectment, to limit defence as to part of premises in writ, to be given by party not in- tending to defend for Avhole, and to be served within four days after appearance on attorney, or filed in office 228 Li Ejectment, of defence as joint tenants, tenants in common, &c . 242 In Ejectment, defendant may give twenty days to claimant not proceeding to trial, and proceedings on default to judgment. Sch. A. No. 18 256 Tenant, to give to landlord, of writ of ejectment, under penalty of three years' rack rent 262 In Ejectment, to tenant to find bail, Avhere landlord proceeding by writ of ejectment against tenant for years, or from year to year, holding over . . 266 On Writ, where mandamus required and allowed, given in any action in the superior courts 275 What, to he Indorsed on writ of summons, issued in action where writ of injunction to be applied for 284 Sufficient, prisoner in execution to give of filing answers to plaintiff's interrogatories, upon his ap- plication for weekly allowance or discharge .... 296 Four Clear Bays, prisoner in execution to give to plaintiff, of answers filed to interrogatories, after order obtained for allowance 297 l#,i 119 SECTION NOTICE continued. Prisoner in Execution^ for three sucnossivc montlis, to give fifteen clays' notice to plaintiff of intention to apply for discharge .< •••..... • 300 After Twenty -four Hours, deputy clerk of crown to send record of nisiprius, and exhibits filed at trial, to the clerk of the principal office in Toronto 3 C.L.P., 1857. Written to G-arnishee, of proceedings against him in county court required => . 16 C. L. p., 185T. Service of, and appointment, four days previous, to he proved to judge of county court, on applica- tion for leave to issue execution against garnishee, out of county or division court 16 C.L.P.,1857 . Debtor to give four days, in writing, to plaintiif or attorney, of motion for allowance of bond to the limits 26 C. t. p., 1857- OFFICE COPIES Of Depositions, taken under order for examination, may be given out 179 OFFICIAL GAZETTE Advertisement in, of lands for sale under execution, during currency of writ, to bo deemed sufficient commencement of execution, to enable same to be completed after it shall be returnable, by sale and conveyance of the lands 188 OMISSION Of Requirements in, and indorsements on, any writ, effect of 37 ORAL EXAMINATION # Court or Judge may order, when party omits to ' I 120 ORAL EXA]\IINATION conthmed, ^^^"^^ answer interrogatories for discovery without just cause •.••••, , , jyg Of Judgment Deltor, may be had by judgment creditor 193 ORDER Of Jitdge, for arbitration of mere matters of account, how enforced , 84 OUSTER In Ejectment^ when denied by defendant joint tenant, &c., with claimant, and supported by affi- davit, to be an additional question to be tried on trial of issue , , . , 242 In Ejectment, actual, if question to bo tried, and on trial of issue, in section 242, it be found that defendantis joint tenant, &c., with claimant, and unless ouster proved defendant to bo entitled to judgment and costs ; but if found that defendant is not joint tenant, &c., with claimant, and ouster has taken place, then judgment for possession and costs for claimant 243 OYER Opposite Party cannot claim, because profcrt made of deed mentioned, &c., in pleading 104 PARTICULARS Of Demand, need not bo delivered, in cases where writ of summons is indorsed in special form, Sch. A. Ko. 5 41 Mw Assignment by plaintiff, to bo consistent with and confined by , 136 In Ejectment, of land claimed or defended, better may be ordered by judge than are contained in writ or notice 229 121 8E0IION PARTIES, JOINDER, MIS-JOINDER, NON- JOINDER. Joinder or striking out Plaintiffs hefore Trial Court or Judge^ at any time Before Trial of cause may Order^ that any person Not Joined as Plaintiff shall be so Joinedy or that any person originally joined as plaintiff shall be Struck out from the cause, if it appears that Injustice will not be done thereby, and that the person to be Added consent to be so Joined, or that the person to be Struck out was originally introduced without his consent or Consents to be struck out ; and such Amendment shall be made upon such Terms as to amendment of proceedings, if any, Posiponcment of trial and otherwise, as Court or Judge think proper ; and when any such amendment shall have been made, the Liahllity of any person Added as Plaintiff shall subject to the terms, be the same as if he had been OriginaUg Joined in the cause . • *..•*• 66 Mis-joinder or Non-joinder of Plaintiffs at Trial, Where at Trial of any action it shall appear that there has been a Mis-Joinder of plaintiff, or that some person Not Joined as plaintiff ought to have been so joined, and the Defendant shall not at or before the time of pleading have given 122 SECTION PARTIES, JOINDER, MISJOINDER, NON- JOINDER continued. Notice in writing that he Objects to such non-joinder, specifying therein the name or names of such person, &c., such Mis-Joinder or Non-Joinder may he Amended as a Variance by any Court of Record holding pleas in civil actions, or by any Jmc?^^ sitting at msij[?m J or other Presiding Officer^ in like manner as to the mode of amendment of variances under 7 Wm. IV., ch. 3, if it shall appear that such Mis-Joinder or Non-Joinder was not for the pur- pose of obtaining an Undue Advantage, and that Injustice will not be done by such Amendment^ and that the person to be added Consent to be, and that the person to be Struck out was originally introduced without his consent, or that such person consents to be struck out, and Luch Amendment shall be made upon such Terms as the Courts kc.y think proper ; and when such amend- ment shall be made the Liahility of person Added as Oo-Plaintiff shollf subject to the terms, be the same as if he had been Originally Joined in such action •••••••••«.. 68 NoH'Joinder of Co-Plaintiffs, Where Defendant gives Notice of his objection before pleading, or where Plea in abatement of SEOTIOK .. 68 123 SECTION PARTIES, JOINDER, MIS-JOINDER, NON- JOINDER continued, Non-Joinder of a person as co-plaintift' is pleaded by defendant. Plaintiff shall be at liberty without order to Amend the writ and other proceedings Before Plea, by adding the names of the persons named in such Notice or Plea in Abatementf and to Proceed in the Action without any further ap- pearance, on payment of the Co8t8 of such amendment, only and in such case the Defendant shall be at liberty to Plead de novo 69 Mis-joinder of Defendants before Trial. Court or Judge^ in the case of the Joinder of too many defendants in any Action on Contract^ at any time Before the Trial of such cause to Order that the name of such defendant, &c., be Struck out, if it appears that Injustice will not be done by such Amendment, which shall be made upon such Terms is court or judge shall think proper . . • . 70 Mis-joinder of Defendants at Trial, Where at the Trial of any Action on Contract it appears that there has been a Mis-joinder of Defendants j it may be Amended as a Variance at the trial in like manner as the mis- joinder of plaintiffj and upon such 124 SECTION PARTIES, JOINDER, MIS^JOINDER, NON- JOINDER continued. Terms as the court or judge, or other presiding officer, by whom such amendment is made, shall think proper • 70 Non'Joinder as Co-Defendants. In Action on Contract^ where Non-Joinder as co-defendant has been Pleaded in Abatement, Plaintiff s\\d\\ be at liberty without any order to Amend the writ of summons and the declara- tion by Adding the name of the person named in the Plea of Abatement as joint contractors, and to serve the Amended Writ on the person named in such Plea of Abatement, and to proceed against the Original Defendant and the person so named in the plea of abatement ; but the Date of such Amendment shall, as between the person, &c., SO named in such Plea of Abatement and the Plaintiff, be considered for all purposes as the Commencement of the action • • • • . • • • • • 71 In all Cases after such Plea of Abatement and Amendment, if it shall appear on Trial of the action that the person named in such Plea in Abatement was or were Jointly Liable with the original defendant, the Original Defendant shall be entitled, as against the Plaintiff, to the SECTION .. 70 to ra- to e in so e .. 71 ich 125 SECTION PARTIES, JOINDER, MIS-JOINDER, NON- JOINDER condmied. Costs of such Plea in Abatement and amendment; but if at sucli Trial it shall appear that the Original Defendant or Defendants^ or any of them, is or arc liable, but that one or more of the persons named in such plea in abatement is or are nJt liable as a contracting party or parties. The Plaintiff shall nevertheless be entitled to Judgment against the other Defendant or Defendants >Yho shall appear to be Liable^ and Everg Defendant who is Not so Liable shall have Judgment, and shall bo entitled to his Costs as against the Plaintiff, who shall be allowed the same, together ■with the costs on the plea in abatement and amendment, as costs in the cause against the Original Defendant or Defendants who shall have so Pleaded in abatement the mis-joinder of such person Provided that any defendant who shall have so Pleaded in Abatement shall be at liberty on the Trial to adduce evidence of the liability of the defendants named by him in such plea in abatement « 72 e 3St In any Action brought against any Joint Obligor or Contractor the action shall Not Abate on account of any Other Joint Obligor, not being made a 126 SECTION PARTIES, JOINDER, MISJOINDER, NON- JOINDER continued. Defendant unless the party pleading such Non-joinder shall aver in his Plea that such Joint Ohligor or Joint Contractor^ Living within the limits of Upper Canada, and state the Place of his Residence^ nor unless an Affidavit of the Tnitlt of such Plea be filed therewith 73 May Consent and go to trial on order of judge, without formal pleadings, Sch. A. No. 8 ...••• . 77 May Agree in Writing^ and embody it in judge's order, to pay the one to the other a fixed sum, or to ho ascertained hy the jury, on the issue, according to the result of the trial of issue, with or without costs of action 77 Between ^Yrit and Judgment y may agree to special case for opinion of court upon questions of law without pleadings 81 To Action^ iiay agree to pay or not money fixed or to be ascertained acccording to decision on special case • 82 To Action where mere matter of account involved to appoint arbitrator, to whom court or judge may refer .•••. 84 To Deed or Writing, agreeing to refer differences to arbitration, to hove proceedings at law or in equity subsequently instituted by one or more of them in contravention of agreement, stayed on terms •• 91 PAYMENT Bg Defendant of Costs indorsed on writ, not to i SECTION and • • • 73 • • • 77 ge's or 77 81 82 ... 84 nces )r in ■e of i on I • * • «/X • 127 SECTION PAYMENT (jonfmMcrf. preclude him from taxing them, and getting costs of taxation of phiintitf 'b attorney, where moro than one-sixth disallowed 26 PAYMENT INTO COURT Defendanty in all actions, allowed to make, (except in actions specified in section) and one or more defendants may, by leave of court. The 13 and 14 Vic., chap. 60, not to bo affected 119 Form of plea of 120 R\dc or Order for, not necessary, except in case of one or more of several defendants 121 To Whom to be made, and how paid out 121 Receipt for, when paid in 121 After Plea Filedy and service, plaintiff* may reply by accepting sum in satisfaction of cause of action 122 And Tax his costs of suit, and if not paid within forty-eight hours, sign judgment for taxed costs 122 Garnishee^ making default in, of amount due to judgment debtor, judge may order execution against him 196 In Ejectment^ by mortgagee, mortgagor may pay principal into court and costs to bo^computed.. 271 PERISHABLE GOODS Of Ahscondlng Debtor, seized by sheriff*, how and when to bo sold 50 PERJURY Penalties of, persons liable to, who on examination on oath or affirmation, or affidavit under act, will- fully and corruptly giving false evidence, or will- fully and corruptly swearing to any thing which shall be false, on conviction 310 PERSONAL ACTIONS Defendant, residing or supposed to reside vrlthin the jurisdiction, except where it is intended to IM 128 SECIION PERSONAL ACTIONS confmuec?. hold him to special bail, commenced by writ of summons (Sch. A. No. 1) 16 Defendant to be held to bail, commenced by writ of capias (Sch. A, No. 2) • • 22 Defendant, a British subject, residing out of juris- diction of superior courts, plaintiff may issue writ of summon* (Sch. A. No. 3) , 35 Defendant, not a British subject, residing out of jurisdiction, writ of summons to bo according to form Sch. A. No. 4 86 i)A\ : sil i PERSONAL SERVICE Of Writ of Summons, necessary vihctc ^Vfuctictihlc 34 Where ImpracticaUe, court or judge on plaintiff's application, supported by affidavit, may give him liberty to proceed as in case of personal service . . 34 PLAINTIFF At Liberty, where defendant in jurisdiction, and claim for debt or liquidated demand, to put special indorsement on writ (Sch, A. No. 5) to operate as particulars .........•••. , . . , 41 In Action against Absconding Debtor, must prove his debt or damages before jury, or on assessment, or by reference to compute, as a condition pre- cedent to obtaining judgment 45 Against Absconding Debtor, if defendant on motion shews that he was not such at time of suing out writ of attachment, he shall recover his costs of defence, and the plaintiff disabled from taking out execution 48 Against Absconding Debtor, giving sheriff security, may have perishable property of absconding debtor seized, sold by him 50 On Writ of Attachment, against absconding debtor fc I » SECIION 1 tof • • • 16 fvrit • • • 22 ins- kvrit • •• 35 t of ;to • • • 36 iblc 34 ff's liim c. 34 41 ... 45 ;Iou out 3 of ing ... 48 ing ... 50 »tor 120 SECTION PLAINTIFF co7iti7iued. after notice from sheriff of seizure of perishable property, &c., refusing or neglecting to give security for sheriff to sell, warrants a rcstora* tion of property 51 On Writ of Attachment ^ against absconding debtor, may apply to court to rule or order sheriff to sue debtor, &c., of absconding debtor • 53 In Writ of Attachment, against absconding debtor, cannot compel sheriff to sue debtor, ifcc, of latter without indemnifying him against costs, &c.. .. 53 In Suit, where execution ol)tained before plaintiff on writ of attachment against absconding debtor, to have priority, and on what conditions 55 In Writ of Attachment against absconding debtor, may by notice to his debtor or custodian of his property, fix such party with liability, if debt paid, or property delivered after notice 52 In Writ of Attachment against absconding debtor, to pay sheriff 's costs of seizure, &c., in first in- stance, and subsequciitly to be taxed to him as part of his disbursements in suit, against absconding debtor, and so recovered from him • • • • . 54 In Writs of Attachment against absconding debtor who shall obtain judgment and issue execution against him, to share rateably the proceeds of property in sherilf's hands. On IFnYs o/^^^acVdWit^rif against absconding debtor, 57 where the property of absconding debtor, insuffi- cient to pay all, none to share unless writs of attachment were issued, and placed in hands of sheriff for execution within six months from date of first writ of attachment, or in case of warrant of attachment, unless placed in the hands of the bailiff within the same time 57 Ma^ (Stick up proceedings in office whence writ •Hil ' I 130 SECTION VLAmTl¥¥ corifinncd. issued, when defendant, appearing in person gives illusory or fictitious address, on permission of court and judge ....••• ••..*•••• 03 In Writ of Summons, special indorsement, proceed- ings in case of non-appearance of defendant to final judgment (Sch. A. No. 7, bis) 60 On Writ of Summons not specially indorsed, pro- ceedings in case of, to sign judgment by default, and when such judgment shall be final 61 Party Joined as, may be struck out, or not joined may be joined by court or judge before trial, on his consent, &c .••• 67 Ameyiding Writ and other proceedings after defen- dant's notice of objection, or plea in abatement for non-joinder, may proceed in action -without further appearance, paying costs of amendment 69 How to Cure mis-joinder of defendant before trial 70 In Action on Contract, where the nonjoinder of •defendants has been pleaded in abatement, may without order amend writ of summons and dc- - claration, &c ...•••.. 71 Out of Court deemed, not declaring within one year after writ of summons is returnable ..*.*. 107 Payment into Court, may receive out of court, in person or by attorney, in last case giving written authority 121 Payment into Court, accepting, may tax his costs, and if not paid within forty-eight hours, to sign judgment for costs 122 Payment into Court, plaintiff may reply that same is insufficient, but if issue thereon be found for de- fendant, he is entitled to judgment and costs of suit 122 May Plead Several Matters, in answer, by leave... 130 One New Assignment, may be made by, and what to state 136 63 60 61 67 131 SECTION PLAINTIFF continued. After Damages on judgment by default are ascer- tained, and indorsed on tlic rule or order by the clerk of the crown, or judge of county court, may tax costs and sign judgment, as on finding of jury for assessment of damages 143 Neglecting to try Issue, defendant's proceedings . . 151 Record to be entered by, in country causes, with deputy clerk of the crown before noon of the com- mission or opening day of the assizes * . 164 Record to bo entered by in town causes with clerk of assize, from nine o'clock till noon of commis- sion or opening day 155 Interrogatories for Discovery may be delivered with declaration, by order of court, &c., in actions in superior courts, to be answered within ten days by affidavits filed 1T6 Interrogatories, Order for, plaintiff' asking, to pro- duce affidavits stating belief that he will derive material benefit in cause from the discovery^ and that there is good cause of action 17T Verdict for, judge may certify for immediate execu- tion, or on day to be named for whole or part of sum 182 Authorising Discharge from custody of sheriff", &c. under ca. sa. is discharge of debt 191 In Action for Detention of Chattel, damages how recovered, execution how and for what issued and option of plaintiff" therein 201 Death of, after interlocutory and before final judg- ment, not to abate suit, if action might be origi- nally prosecuted by his executor 213 Mandamus, may have in any action in superior courts (except replevin and ejectment) by giving notice on writ and copy 275 Injunction, may make exparte application for l;.i; a ! 132 ■nr * T^TmT-T.^ SECTION PLAINTIFF continued. In Replevin, may reply to defendant's plea facts •wliich avoid the plea on equitable grounds 289 Against Debtor, prisoner in execution, what rights not to be prejudiced by discharge of debtor for default in payment of weekly allowance 295 I'illng Interrogatories against debtor in custody, before order for weekly allowance, entitled to sufficient notice of answers filed 29P^ Interrogatories, may file against debtor in custody, after order for weekly allowance, and court may stay payment till answers filed, and four days' notice of filing 297 In all Suits, under Avhich debtor is in custody, to be joined in his application for weekly allowance or discharge, and all must join in administering interrogatories to him, and to regulate amongst themselves the apportionment of the Aveekly al- lowance 298 DeJ)tor on Mesne Process, liable to re-pay weekly allowances, on proof of amount, before taxing master, and to be allowed as disbursements in the suit, and taxed as part of the costs . k 299 Debtor in Custody, for three months, obtaining rule or summons to shew cause against discharge, on return of, may get leave to file further interroga- tories, and order for debtor to answer them before rule, &c., finally disposed of 300 On Debtor breaking Condition of bond tc limits, may have assignment of bond from sheriff, and proceed thereon in his own name 305 3Iag file Interrogatories against debtor on the li^^its 306 Execution may have, against lands or goods of debtor on limits, and may be proceeded on although debtor re-committed to close custody . 308 \w :! I ECTION ts . 289 ts )r . 295 . 29B r . 297 298 299 300 305 306 308 133 SECTION PLAINTIFF contiyiued. In Trespass or trespass on the case, recovering less than 40s. damages, not allowed costs, except judge immediately certifies 312 Costs allowed to, where verdict less than forty shillings, where notice given to defendant not to trespass ^^^ On Delivery of Cheques, bills of exchange, &c., by sheriff seizing under /./t .. 118 [13 .. 119 iff se ,.. 122 [IX :s, ... 122 tn, is ... 122 at- of ... 123 of ... 124 ad- iict ant .... 124 the lay md .... 125 ira- i in .... 125 nay any 126 137 SECTION PLEADING contmiied J>efe7idant at liberty to deny the whole or part of replication, or subsequent pleading of plaintiff... 127 Joinder of Issue, either party may plead in answer to plea or subsequent pleading 128 Joinder of Issue, form of 128 Joinder of Issue, deemed a denial of the substance of the plea or subsequent pleading, and an issue thereon ^^^ Of Plaintiff J where in denial of defendant's plead- ing, or some part of it, plaintiff may add a joinder of issue for defendant 128 And Detnurring together, leave may be granted to either party on affidavit 129 Several Matters to opponent's pleading may be allowed by court ^"^^ Several Matters, where allowed, the costs of any issue of fact or law to follow the finding or judg- ment on such issue 1^^ Several Matters, where judge's order for, no rule of court required for same purpose 131 Several Matters, all objections to, because founded on same ground of answer or defence, to be heard on the summons to plead several matters, IZ'A Two or more Pleas together, list of those which may be so pleaded of course and without leave, 133 Other Pleas may be pleaded together by order ... 133 CounseVs Signature not required to 134 Several Pleas, replications, &c., without leave (ex- cept cases provided for in act), the opposite party at liberty to sign judgment •••• 1^^ Keto Assignment, one only may be by plaintiff..... 136 Keto Assignment, no plea already pleaded to decla- ration shall be pleaded to, except denial, unless by leave, on proof that repetition of plea is essen- tial to trial on merits 1^* Demurrer, form of • • ""* **"" si! UP I n ') ' 138 SECTION PLEADING continued. Demurrer, margin to contain some substantial mat- ter of la^v to be argued ^^^ Demurrer, without statement in margin or frivolous statement, may be set aside by court, &c., and leave given to sign judgment as for want of a , loo plea ^oQ Joinder on Demurrer, im^iorm .—• ^^"^ Amendment of, where allowed, no notice to plead ^^^ necessary ••**• ;*'V* Amended, opposite party bound to plead to withm time specified in original notice to plead, or withm two days after amendment, which shall last ex- pire, unless otherwise ordered • 139 Amended, where pleaded to before amendment, and not pleaded to de novo within two days after amendment, the pleading originally pleaded to be considered as pleaded in answer to amended ^^^ Pleading ....••- . Forms of Pleading, ^<^^>^ •••••- "^ Interrogatories for Discovery, defendant to deliver ^^^ with plea * * Of New Defendant Executor, to declaration and suggestion of sole defendant's death, to be within eight days after service of suggestion 211 OfNeio Defendant Executor, sole defendant dymg, having pleaded before death, the executor (new defendant) at liberty to plead to plaintiff's sug- gestion only, and within eight days after service, by way of denial or plea, appropriate as executor, unless court, &c., allow him to plead fresh mat- ^ ter in answer to declaration ••• 211 Fresh Matter by executor (new defendant) to be allowed by court Of Neio Defendant Executor, sole defendant dymg having pleaded before death, but not arrived at issue, the new defendant, besides pleading to sug- SECTION nat- 138 lous and of a 138 138 )lead 139 ithin ithin ;t ex- isy , and after ed to mded 139 140 eliver 176 a and t'^ithin 211 lying* r (new 's sug- 3rvice, 3 cuter, h mat- 211 to be 211 t dying Lved at to sug- 139 SECTION PLEADING continued, ^ gestiou within ciglit days after service, shall continue pleadings to issue as deceased might, and the pleadings on the declaration and on the suggestion shall be tried together 211 To Suggestion allowed by court to opposite party within eight days after notice, on motions m arrest of judgment or for judgment non obstante veredicto Jn Ejectment, claimant or attorney may, after ap- pearance, make up issue ^Yithout pleadmgs ^^^ In Action where Mandamus claimed, the same as in ordinary action for damages 277 Upon Prerogative Writ of Mandamus, to be as far as possible as under this act Replevin in, plaintiff may reply in answer to any plea of defendant facts which avoid such plea on equitable grounds, provided such replication be- gin with the words, " for replication on equitable grounds Equitable, in replevin (see 20 Vic, ch. 57, sec. 11, repealing the 287th section of this act), court or judge may strike out when 290 Surrender, offer of, of principal to sheriff, and refu- sal to receive, sufficient answer to action on the bail-bond for a breach of the conditions after surrender or tender or refusal ^^^ Judges have power to make alterations in mode of, 313 Plea for Defence on Equitable Grounds allowed in replevin, when the facts pleaded would entitle the party to relief against judgment recovered... 11 ^ '' C. L. P., 1857' POSTEA To he Entered of record, with certificate of judge as to execution as part thereof, of the day on which judgment signed ^^^ vli m I'li 140 SECTION PRISONER IN CUSTODY Sheriff may take up under liahcas corpus for ex- amination under act • 1^3 Debtor in execution on mesne process, &c., on affi- davit, may get order on plaintiff to pay him on 3rd Monday after service of rule, &c., and on every Monday thereafter 10s. during detention, and on default of payment, may on rule nm be discharged, but discharge not to operate as satis- faction of judgment, &c. 295 Debtor applying for ^Yeekly allowance or discharge, and plaintiff filing interrogatories, debtor ^to answer on oath and file answers, and give notice to plaintiff before order made 296 Weelchj AlloivancCy having obtained order for, plaintiff may at any time serve and file interroga- tories, and court, &c., may stay further payment till answers filed and four days' notice given . . . 297 In Several Suits, to make all plaintiffs parties to application for allowance, and only entitled to one weekly sum of 10s., and if unpaid, to be dis- charged from ill the suits named in order for pay- ment 298 Weekly Alloivance to, on proof of amount, to be allowed by taxing master as disbursements insult, and taxed as part of costs 299 For three successive calendar months, may, on giving plaintiff or attorney fifteen days' notice of intention to apply for discharge, on proof of notice, &c., apply for rule or summons, to shew cause why he should not be discharged 300 Court may order previous assignment, or convey- ance by to plaintiff, of right to any property, &c. 300 He-committal of, for twelve months, may be, in what cases • • • • • ^'^O Sheriff not liable to action for escape from gaol, where bail given to limits 303 SECTION JX- i .. 173 1 ffi- on - on on, be tis- t • • 295 1 ge, 1 to ice • • • 29G "or, ga- ent > • • 297 i to to dis- ay- • • • 298 > be uit, • • • 299 on e of * of hew • • • 300 vcy- &c. 300 vliat • • • 300 ;aol, • • • 303 141 SECTION PRISONER IN CUSTODY confmia'c?. Surrender of, by sureties, may be, after bail to limits • ' • * * On Bail to the Limits, may be re-committea for omitting to answer interrogatories within fifteen days, &c ••*, To remain in custody till'again admitted to limits by rule or order ;••• On Limits, plaintiff may have execution agamst lands or goods •*•* Criminal charge against, provisions as to weekly allowance and discharge not applicable <3UJ To (jet Bond to Limits allowed by county court judge, within thirty days from delivery thereof ^^ to sheriff.... c."L/p.,ir5:. To move for Alloivance after four days' notice in writing \o plaintiff or attorney who may object to ^^ sufficiency of sureties 'clvj^- On 3Totion hj, and allowance of bond refused, may make another bond, which after allowance is to have same effect as bond first given to ^l^^nff^^^;^ PRIVILEGE 2a From Arrest, protected PRODUCTION If." Of Documents, court, &c., may command m order for oral examination • PROCEEDINGS IN ACTION Kottvithstanding change of Venue, to be earned on in office whence first process was sued out ...... All in Action, to final judgment to be carried on ^ in office whence first process was sued out ...... N nil i y 142 SECTION PROCEEDINGS IN ACTION continued. Service of, and of all papers after writ to be on defendant or attorney according to present prac- tice, unless special provision made in act 9 Stai/ed, where attorney declares that wiit was not issued by him, or Ly his authority, and no fur- ther taken without leave, •*'^ Stat/ of, court or judge may order, where plaintiff in writ of attachment against absconding debtor applies for on ground that action is brought in collusion with absconding debtor and for fraudu- lent purpose • ** SticJdnfj up in office, plaintiff may be permitted whence writ was sued out "'' Examination and Production of Documents, on order of judge against party who refused to make affidavit proceedings the same as under 171st IT*! section • \ Oral Examination, party disobeying order of judge for, proceedings similar to those on order under the 171st section ^"^^ On Writ against j:arnishee if he Oisputes debt... 107 Against Executors on judgment of assets in futuro.. 216 Motions on, in arrest of judgment, or for judg- ^ laentnon obstante veredicto "17 In Ejectment, to ascertain whether writ of, issued by authority of attorney whose name indorsed, ^ and who and what claimants are and their abode, and staying proceedings on writs issued without authority, same as in case of writs in personal actions "^ Prerogative Writ of Mandamus, on 282 Writ of Injunction in action to obtain, similar to those in mandamus..... 283 to 286 In Actions generalhj, general powers to courts and judges to amend errors and defects in 291 9 25 5 143 SECTION PROCEEDINGS IN ACTION co»fm«c(i In Action on Bill of Exchamjc, &c., may be stayed if plaiutifY fails in giving security for • costs on reciuircmcnt of court cl.V,i857 PROFERT Of Deed not necessary, and if made opposite party not entitled to oyer REASONABLE CERTAINTY ^ Jh Ejectment, notice of nature of claimant s title ^^^ to be stated witli. --- In Ejectment, defendant's title to be stated witb... ZZ^ In Ejectment, notice limiting defence to part of premises, to describe tliat part with ^-^ In Ejectment, want of in description of property or part in the ^Yrit or notice of defence, or in notice of t 'e by eitlier party, not to nullify tliem, but only ground for application to judge for better particulars * RECORD Entru of, in country causes, and indorsements to be made when entered Entry of, in town causes, with clerk of assize from nine o'clock till noon of commission or opening , . 155 day In Ejectment, notices of claimant's and defendant s titles to be affixed to, by claimant proceeding to trial •• "*" Suggestion to be made on, of judge's order, when place of trial changed • -^^ Of Nisi Frius, in custody of deputy clerk of crown, with all exhibits filed at trial to be sent to clerk of the principal office in Toronto, by the deputy . clerk of the ?rown, within f.venty-four hours after ^ notice in writing delivered to him at his office^., ^^3 h \ III 14-1 SECTION RECORT) continuecl Of Nisi Prhis, not in court aftov notice, at tlic time of moving imy rule rcquiving a reference thereto, the party moving may on filing allidavit of service of notice, and that tlie record on search has not been fomid in the principal office, be allowed by court to move without production of. 3 C.L.r., 1807. REDEMrTION Of Mortgage, party having right to and appearing and defending ejectment brought by mortgagee, may pay principal and interest and costs to him or into court, and got discharged 271 Rigid to, in ejectment, Avhcre contested or sum due disi)uted, the 271st section not to be applicable... 272 REFERENCE COMPULSORY See (Conipidsorg Reference.) REFERENCE TO ARBITRATION Remission of, court may order matter referred to arbitrator or umpire for re-consideration ^Vhere Parties under do not appoint arbitrator and arbitrators do not appoint umpire, or arbi- trator or umpire refuse or become incapable to act, or die, a judge of superior court may afte'r notice and upon summons appoint Where to tivo Arbitrators, one to be appointed by each party, on death, refusal ir incapacity to act of one, the party -vho appointed him, is eniitled to supply his place, if not contrary to document au- thorising reference, and failing to appoint, either originally or by substitution, for seven clear days after the other party shall have appointed an ar- bitrator and served the party .so failing with notice in writing to make the appointment, the 88 92 88 92 145 SECTION REFEKENCE TO ARBITRATION continued. party who lias appointed an arbitrator may appoint him sole referee Where to tivo Arbitrators, and terms of docmncnt authorising it do not shew that there should not be an umpiiv the two arbitrators may appomt an umpire dura,g the period within which they have ^^ power to make an award Submission to may be made rule of any court where ^^ no prohibition ^ " Limitation as to court of which submission may be made a rule, in what cases •• Of Accounts, and issues of fact, &c., may be made bv judge at and during trial (See 20 Vic, ch. 5T,sec. 12).' ••••• ^^^ Arbitrators Names, where parties agree on them to be inserted in order of nisi prius, but not agreeing, the judge to appoint, and other terms _ to be inserted in order ..••• * *^ REGISTRATION ' , , , , , Of Certificate of Judgment, given by deputy clerk of the crown, &c., in any county, to bind lands 15 Of Judgments against lands, in three years after or within one year from passing of act (10th June, 1857) they cease to be a lien thereon, without re-reo-istration, and the lien ceases ° C. L.P., 1857 Discharge of Judgments, may be from the county registry, on production to registrar of certificate signed by judgment creditor, and on proof of certificate by afiidavit of one subscribing witne^ss^^^ ^20 REMISSION . Of Matters to arbitrator or umpire, whether arDi- ' tration is under this act or by submission made lln I 146 SECTION REMISSION continued. a rule of court, may be made by court for re- consideration, &c RENEWAL 0/ Tfnis of summons or capias -^ Of Writs issued before this act • 29 Production of writ Avith memorandum required by the 28th section, evidence of ^^ RENT . . Half a year in Arrcar, and landlord havmg right of re-entry, may bring ejectment without formal demand or re-entry ^^^ In Arr r, to be paid or tendered-in ejectment to land, id before discontinuance 265 REPEAL Of Acts ^^^ Of the 202nd section of " tlie Common Law Pro- ' cedure Act, 1856," as to revival of judgments... 10 ' C. L. p., 1h67. Of the 2S1th section of C. L. P. Act, 1856, relating to equitable defence in replevin H ^ C. L. P., 1867. After 21st August, 1857, of the 19th section of 12 Vic, ch. 63, as to terms of sittings of courts 29 ' ' C.L.P.,1857. • After the Last Day of Trinity Term next of the 152 & 153 sections of the C. L. P. Act, 1856... 30 C. L. P., 1857, REPLEVIN Certain facts which if they arose before or during the time for pleading, would be an answer to the action by way of plea may, if they arise after the time during which they could be pleaded, be ^Qixx^hy y^^j oi audita (^uereld 288 » ECTION ■e- t • • 88 • • 1 28 • • • 29 by « « • 30 ;l>t lal • • • 263 to • • t 265 ... 318 ro- 1 1... 10 ' L.P., IhoT. ng • • • 11 L.P., 1867. 12 > • • • 29 .L.P. 1857. the ) )... 30 L.P. 1857. ing the 'ter be 1 • • 288 147 SECTION REPLEVIN continued. Equitable plea and replication in, may be struck out when it cannot be dealt with by a court of law, so as to do justice between the parties. . . . 290 Plaintiff-' or Defendant in replevin in any cause in either of the superior courts in which, if judgment were obtained, he would be entitled to relief against such judgment on ^ equitable (rrounds, may plead the facts so entitling him^to relief by way of defence, and courts to receive the plea if it begins with the words, *' For de- fence on equitable grounds" or the like effect... 11 ^ C. L. P., 185T. REPLICATION ^ To Plea of Payment in Court, plaintiff may reply that it is not sufficient to satisfy his claim, and where issue thereon found for defendant, he is entitled to judgment and costs of suit 122 Denial of, or subsequent pleading, may be by de- fendant in whole or part 127 Jm i26'/??c't'm may be for equitable grounds 289 Equitable, in Replevin, when court or judge may strike out • REPORT SPECIAL Examiner to make, if necessary, of conduct, ab- sence, &c., of witness, &c., at examination, to court where proceedings pending 180 Of Judgment or Execution, how effected. . .203 & 204 Of Judgment, when execution may issue ^vithout^. - 10 . 10 C. L. P., 1857. REVIVOR ,. . Writ of, may be sued out by party seeking to revive ^^ a judgment, and execution thereon 20d, -U4 •f Il>. (I >■;; 148 SECTION REVOCATION Of Appointment, of one arbitrator, as sole rcteree where the other party omits to appoint his arbi- _ trator, may be made by court on terms 93 RULE OF COURT For Beturning Writs and process on sheriff or coroner, may be signed and issued by deputy clerks of Crown and Pleas 1* Or Order, for writ of attachment against abscond- m^ debtor by either of courts or a judge or the judge of any county court Agreement or Submission to Arbitrate may be made of any one superior court of law or equity 97 To Plead Several Matters, not required when judge's order made for same purpose 131 Or Order to compute, not to be used • • • l'*l For Costs of the Dag, for not proceeding to trial or assessment pursuant to notice, or not counter- manding in sufficient time, may be made on affidavit without motion in court ^48 Nisi for a Ne-w Trial, or to enter a verdict or non- suit, to state shortly the grounds on which granted 168 Amendment of, may be allowed by court 168 Jte-Service of, may bo allowed by court ^ 168 For Oral Examination, documents mentioned in to be produced • *•" On Judgment Debtor, to shew cause against revival of judgment and execution 203 Discharged, applicant's remedy ••••••• 204 Or Order of Court or Judge, for again admitting debtor to the limits, may be granted on hia shewing that he has filed his answers to interroga- tories, and has given to plaintiff or his attorney ten days' notice thereof, and of his intention to apply S07 Rt Rl S- ECIION 36 • • • 93 or ty >•• 14 d- he t •• 44 de ••• 97 q's • • 131 t • 141 or er- on • • 148 )n- ted 168 • t • 168 >• •• 168 I to 1 • • • 178 val t • • t 203 t •• • 204 ing his ga- ney 1 to t»t* 807 149 SECTIOK RULE OF COURT contimted, , , , Moving on, may be allowed by court without pro- duction of nisi prius record, where notice given to transmit and search made and not found m principal office proved by affidavit. '^^v.,!^,,. RULES GENERAL g^^ Judges have power to make • .....••• i^.ms and rules for giving effect to this act. Judges ^^ have power to make **"**""c! lIWisst. SATISFACTION OF DEBT i)/acAar^.>m CusfocZ^ H».?.r Ca. ^c^ by authority of creditor, operates as, but not so by his at- torney, except by authority of creditor l«^i SCIRE FACIAS ^ r . , a Writ of, issued out of Q. B. and C. P., to be tested, directed and proceeded on in like manner as ^^^ writs of revivor "** SECURITY For Costs in action on bill of exchange, &c., court or judge may order plaintiff to give or stay pro- ^ cecdings c.iIp.wst. SEPARATE DEFENCE Jn Ejectment, for portion of property by one of defendants dying before trial, the other defen- dants not defending for it, claimants proceed- mgs therein SERVICE .1. Of all Paners and proceedings after writ may bo on defendant or attorney according to present practice unless special provision m act..... ....... ri.., 'i II it' .:^:to.' Irfi IS '< i 150 SECTION SEUXICE continued. Attomeij of either party not residing in, or not having authorisea agent residing in county where action commenced, then to be made on attorney wherever resident, or on agent in Toronto 9 i4<7e«f, attorney having none in Toronto, by leaving copy of the papers for him in the office where action was commenced, marked on outside as copies left for such attorney • ^ Of Wf'it of Summons in any action may be in any county in Upper Canada • •• To he Indorsed on writ within three days, otherwise plaintiff not at liberty in case of non-appearance : , 32 to procceu • . Affidavit of service to mention day on which in- dorscment made '/ " OfAhscondlng Debtor, or attempted service of writ of attachment on, and plaintiff's proceedmga ^, 45 thereon 0/Jit<7i/^8'8 0/Y?c'r to attach debts due to judgment debtor or notice to garnishee as judge may direct shall bind debts ^^^ Of Writ of Ejectment the same as ejectment was formerly served *^ Where vacant possession -^^ Of Writ of Ejectment, landlord against tenant -63 Of Writs, when fees not allowed for 28 SET-OFF Plea o/, jury finding due from plaintiff to defendant more than from defendant to plaintiff, verdict to pass for defendant for balance and defendant to have judgment for balance and costs 124 SHERIFF \ . \ To Return Writs to office from which rule issued in case he shall be served with such rule 14 1; rl SECTION not ere icy » • * • 9 ing ere 1 as • • • t 9 any • • • • 31 iviso nice • • • • • 32 in- 32 writ ing3 45 Ticnt irect 195 mcnt 223 223 263 28 aL.F .,1857' idant ict to mt to 124 issued 14 151 SECTION SHERIFF continueil To Arrest some of, and serve other defendants with capias where plaintiff or attorney so directs 22 Biities of on writ of cainas issued (Sch. A. No. 6), after commencement of action by writ of sum- 42 mons • To Seize property of absconding debtor under writ of attachment and make inventory with two freeholders and return with attachment 49 Seizing Perishable Proiocrty of absconding debtor, or unsafe to keep or take care of, how to deal with same, on receiving security from plaintiff,.. 50 After Notice to plaintiff in writ of attachment against absconding debtor, of seizure of perish- able articles, &c., on neglect or refusal of plain- tiff to give security after four days' notice, to restore property to party from whose possess: on taken, and discharged from liability to plaintiff.. 51 To Sue debtor, &c., of absconding debtor on rule or order of court, and on attaching creditor giving bond of indemnity to him _ 53 Having made Inventorg, and appraisement on first' writ of attachment, not required to make new one on subsequent writ of attachment 54 Death of, pending action against debtors, &c., of absconding debtor, not to abate action 53 To Demand and take from constable, bailiff, or clerk of division court, property or proceeds of absconding debtor's property in their hands under warrant of attachment issued by 13 & 14 Vic... 56 Costs for Seizing under writ of attachment against absconding debtor to be paid by plaintiff in first '>4 instance • ••*•• **** Of Assistance in making inventory and appraise- ment after seizure under writ of attachment after the rate of five shillings per day 54 -lit' I If >' In kl fll ^ SECTIOH Int against absconding debtor hov, plamt.ffs who bave obtained judgtnents and isssued cxecu- ^^ tions are entitled to share •• "•••"•••" At end of one Month following return of any ex- cut"! against property of absconding debtor or after a ;erlod of one month from a d.stnbut.on under the order of the court or a judge, to dehvcr to absconding debtor, or to person m xvl^se _ custody property «-as found, or the agent of absconding debtor, the remaining unappropn- ated property in his hands after the several plam- tiffs in writs of attachment satisfied To Deliver Possesnon of lands awarded to party on reference upon execution issued ^'^'^'^ ^''^^^^ 96 gZu', &e.;"io deiim-"ip pv ' ' for examination ^^^ under writ of Wcas corj^iu •••••;■■■■ Going out of Office during currency of writ of exe- cution against lands, and before sale, wnt to be • executed and sale made by successor ..... Out of Office, may execute any deed t. complete ■ sale of lands made by him while in office ......... 1»T Bond to the Limits, sheriff may take of any debtor confined in gaol on execution on mesne process, «ith not less than two, or more than four sureties and may reciuire justification of sureties, &c. 30- On Keceipl of Bond on bail to the limi s, and affidavit, &c., if re,uired, may allow deb or ou of close custody in gaol into gaollimits, and debtor remaining in limits and keeping condition of bond, sheriff not liable to action for escape ...... Inmfficienci, of Sureties, fearing, after bond taken, may arrest debtor again, who may agam take the benefit of g.aonimits on entering into new ^^^ bond with sureties iECTION iffs cu- , . . • 57 ex- or ion ver lose t of pri- ain- 58 ■f on r of 96 ition 173 exe- to be 187 plctc 187 ebtor )ces3, •eties, J, &c. 302 , and )r out lebtor on of 5 303 taken, \ take to new 304 153 SECTION SHERIFF continued, t r„^„ V«2, 4»s,> B<-n^'''="* .^'-'i^JJ^^^sentativo order of court or jml^ T;:;"„;ac" before trial, Se:t:":^i-ionniay.e.i.veato.^^^ t^^^rrrsir— — «Taction .u "^ cution to issac on. ifcs augment ;.- Of omitted JTaHsto -»;Jy ; f J.^,1^ or for to party on motions to an est Ji» ^•^''n-l;:raSwirnt,&c.,«lierefound on motion to ar.e3t = ^^^^ to jmlgmcnt, true, P"5 .^Sf ;t'»o , ^^,t,a in «9 though the facts we.e ^ j ^^^^^ plac<^ of trial to be made on record.. 214 217 %m SECTION SECTION fen- tion mts* 209 itivo e by 210 trial, tie of 210 iiintiff issue 211 211 to be ,YitU a ;Ci\ tO- 211 id and gcstlon •'action 214 ct cxe- 214 allowed or for 217 )y court re found idgmcnt, stated in ,'itli costs tc party 218 .ggestion, », to altcT . 236 246 247 SUGGESTION continued. In EjectmenU of deathjof dcceaaed claimant, to bo made whenlhis right [survives to another claimant and not traversable, but may be set aside as untrue, and action may proceed i4& In Ejectment, of death of one of several claimants to be 'nade when right of deceased claimant docs not survive, and legal representative does not become party to suit, &c., and action to pro- cceed. &c» ••••••••••••*•**************** In Ejectment, of death when one of several claimants dies after verdict for them, but before execution, to be made to enable survivors to proceed to judg- nient and execution for recovery of the posses- sion of the entirety and costs •• In Ejectment, by legal representative of deceased B^'c claimant,'or before trial, of one of several claimants, whose right does not survive, effect of, to continue proceedings • • ••• 5;iTMMARl' DECISION Of K.r. Matter of Account, hy court or judge, and enforceable by the same process as the find- ing of a jury upon the matter referred ^^^rSfv eiving notice to the other parties to ap- ^Tntl^rbftrator or umpire, to be taken 0^^^^ seven clear days after notice, upon which judge iog several pleas, &c., on the ground that they are founded on the same ground of answer or defence, shall be heard on the summons . . . . . . nT marina of, or motion, court, &c., at discretion, TrJ^ J examination, and before ^hom. .. . 248 84 92 132 170 'vs^'- 1 1 Iff' 158 SECTION SUMMONS continued. Party to Action in superior courts may apply for, to party refusing to make affidavit required, for an order to appear and be cxr.mincd, &c 1T4 aarnishee, not appearing on, judge may order execution against him To Judgment Debtor, Service of, to shew cause against renewal of judgment and execution, Sch. A. No. 9, to be according to present practice .... 203 Dismissed, applicant's remedy thereon 204 Court satisfied therein, suggestion to be made Sch. A. No. 10, and execution thereon -04 Part7j may have, against whom action may be con- tinued, which but for act would have been abated, and judge may limit time for proceedings in con- tinuance of action "" "^ SUNDAY Christmas Day or Good Friday, the last of the ten days for proceedings mentioned in writs of sum- mons or capias, what other day substituted for . . . 65 SUPERIOR COURT Plaintiff's Costs in actions of trespass or trespass on the case not allowed where action might have been brought in inferior court t«i**««*««** •• 312 SURETIES In Bond on bail to the limits, how to justify In Bond to Sheriff on bail to limits becoming in his apprehension insufficient, debtor may be again arrested and detained in custody, and sureties may plead same in bar of action on bond Of Debtor ma""" surrender him to sheriff at gaol and may plead same, &c 302 304 306 ECTION or ,. 174 cr .. 196 se h. .. 203 .. 204 ;h. .. 204 )n- 3a, Dn- .. 215 ten im- r... 65 )ass ave . . . 312 ... 302 gin ^ain 3tie3 .... 304 gaol ."'... 306 159 SECTION SURRENDER Of Debtor hij his Sureties may be made by them, to sheriff* at the gaol 306 TAXATION Bif Defendant, of costs indorsed on writ may bo allowed after payment 26 IlevisioH of 12 TAXING MASTER To alloiv Plaintiff'H Weekly AUoivanccs to debtor in custody as disbursements in suit, and tax as part of costs -^^ TERMS Jlcpeal after 21st August, 1857, of the 10th sec. 12th Victoria, ch. 53, and Trm^V^, to begin 3io>«t;ifa^ next after 21st August, end Saturday of the ensuing week. Michaelmas, to begin Third Monday in November, end Saturday of ensuing week. Hilary, to begin First 3Ionday in February, end Saturday of ensuing week 29 C. L. p., 1857 TIME Two Days Notice for revision of deputy clerk's • ^^ taxation ^-^ Three Days, within which sheriff executing caj^ias, Sch. A. No 2, to indorse on such writ the true day of execution thereof — ' Six Months, during whicli from issuing of original writ of summons or capias, plaintiiF may have concurrent Avrits ^* Three Days after the service of writ of summons, for party to indorse day of month and week of service '^'^ Mi ml "1 PC\ SECTION TIME continued. ^ o^„;«af Six 3Ionths from date, ^rit of attachment agamst ^^ absconainff debtor in force • • stllontJ (ro^ date of original attachment against absconding debtor, within .-h.ch plamtrff ^^ mav issue concurrent writs ■■"".■■, iSU Ljs- mice of sale, shcriif to give, of pensh- ,, absconding debtor, seized able goods, ice., ot aDsconuui„ ^^ under writ of attaclimcnt .■■""■■,''•'" Four Dam' after lapse of notice by sheriff to plauv tiif of seizure under writ of attachment agains absconding debtor of perishable articles, Sc, and plaintiff omits to give security, authorises sheiift to restore property, and relieves h.m from lia- __^ hilitv to plaintiff * " ' SU iliL*/.. from date of first writ of attachment against absconding debtor, with n which subse- quent writs of attachment must have been issued and placed in hands of slienft-foi- execution or 'variants of attachment in hands of ba^.tf f division court, to entitle judgment credito o share ratcably proceeds of property seized in ^^ hands of sheriff ' " " " M,lht DauB from last day for appearance, where defendant in default to writ of summons with special endorsement, plaintiff may issue execu- tion on judgment at expiration of •••• Ei,ht Days, in notice to plead, indorsed on declara- tion filed by plaintiff in proceeding for non- appearance of defendant to writ of summons not ^^ specially indorsed !""ll"l-'' First Si. Days of Term next following publica ion of award under compulsory reference, withm which to apply to set it aside ............. • ■ After S« Days from time of publication ot awaid made on compulsory reference, the award may, Ti: 5CTI0N 3t .. 43 at iff ... 46 li- ed ... 50 in- ist lid riff [ia- .... 51 ent )se- ucd , or t of • to I in 57 Licrc with ccu- 60 iara- non- 5 not . . . . 61 xtion itliin 89 ward may, 161 SECTION TIME continued . , by authority of judge on tevm. at a.scret.on, bo enforeoa, aUhougU tUo time for movmg to set ^^ it asiilc has not elapsed • • • ■ • • • ' Seven clear Dayi mice to be given by one party vbo bas appo-.nted his arbitrator to the other to appoint his arbitrator, before the party .who IL 'appointed can make his -f^^'^^^^^f^ 93 pt ties entitled to appoint arbitrator ump.re, ie.! and they omit to appoint, jndge ot superior court raav, upon summons, appoint •• - tZm,J., l-ithin ,vhieh arbitrator aeUng under documents authorising referenee, or unde^ com- pulsory order of referenee, or on reference hack, ^^ if; reciuired to make his award •••••;••••;•• One 31 nth for enlargement of award, deemed to be where no time is specified in »">«»'._;_' g^ nvflnr for enlargement .,..••• ...••••••••••• .^^X^ in notice to declare, .0., substituted ^^^ for rule to declare, &c One Year after writ of summons is ™t"™''We. within which plaintiff must declare or be out ^^^ of court ; V7'"i"„i- EioM Daii. for pleading in bar when defendant ^^^ within jurisdiction ; •."• FA,U !>:,., plea of puis <'<-:'■ f\^^''T!fT ^ allowed, unless accompanied with afTidavit that ^^^ matter arose within ;"r""i"' V'Vr'J.av Fortu-evjht noure allowed to defendant to pay plaintiff's costs, where plaintiff accepts same paid into court and taxes his costs •• • - Two Da,i« after amendment of pleadings allowed for pleading to an amended pleading, or to be within the time specified in original notice to plead 139 JJi^/ii .»fl,'/s' notice of (W«! or assessment i ii nil \ H 162 SECTION TIME continued. « . , Foicr Dav.- countermand notice of tnal or assess. ^^^ inent * .. -ttn Tivo Days ion countcrmamUvherc short notice...... 14T rit.enfyJ9a^3 for defemlant to give notice to plain- tiff to bring issue on to be tried, condition pre- cedent to defendant's getting judgment for costs by reason of plaintiff -B omission ...y. ^^^ First Four Daj/s of tern. Vitbin ^vlnci to move against award under reference by order of judge ^^^ at trial ' *.'"'' -W'i Ten Days for ans>vcring interrogatories in writing ^^^ for discovery ' * V-'V'r" F0ur V,m >vitl.m first of term after vcrcliot for application to vacate jmlgment ■* K.« Daifs in ,vrlt of revivor for party to appear^ _^^_ thereto .* ^ *i *n. ^e EUlU Days after service of suggestion of ileatl. ot Bolo defenaant for new dcfenaant CNecutor to ^^^ Three Months, ejectment wit in force • — Four J)a,jH witliin, after appearaneo in ejectment for party to give notice to limit lus defence to ^^^ part of property "; '"""' mth Dm, of Term after verdict for claimant, cxc- eutioni; eectmcntto issue within timenot exceed- in. as court orders, and where no order, then on the 5th day of term after verdict ••••••••".•■; Four Dam after appearance in ejectment for jo nt tenants, &e., with claimant, to give notice of de- ^^^ fence aa such • "V ■■■■" Tmnty Day> for defendant to give claimant not proeiding to trial, notice to proceed at assizes ^^^ next after expiration V.*"'' V.,"„"„"f Six MontU after execution executed in ejectment 168 SECTION TIME continued, by landlord for arrears of rent, withm which lessee, &c., limited to seek relief in equity. .... 2bi$ Six Months after judgment and eKccution executed before mortgagee of lease not in possession barred of ri-hts, in ejectment by landlord for arrears . . Zb6 Fort!/ J)aij8 after full answer by claimant landlord in ejectment, witlun which to pay arrears of rent and costs into court in order to continue injunc- ^^^ tion against ejectment •••• Six Dam, at expiration of, after verdict in eject- ment for landlord against tenant holding over, judge may order judgment and execution for ^ plaintiff in cases where security given ^*^^ Six Months within which after possession actually delivered to landlord in ejectment against tenant for holding over, action may be brought on bail given under the 2C6th section -'^"* Four Years after entry of record of judgment, decree, or proceeding, within which appeal to be brought for reversal for defect or error ^^^ Six Years for error or appeal against judgment extended, &c., in case of disabilities • -<^* Fifteen Days notice by prisoner in execution of intention to apply for discharge "^^^ Fifteen Days allowed debtor on limits to answer interrogatories and file answers after service... 307 Ten Days notice by debtor committed for not answering interrogatories, of answers filed and intention to apply for new rule or order to admit ^^^ to limits,. &c • • * • * * * Three Weeks next ensuing the last day of term within which judges may appoint one or more days to give judgment out of term ^l^ Twent>/-f our Horns after notice, within which under penalty of contempt deputy clerU of the crown to m & PI il r ^^^ ' W: 164 SECTION TIME continued. -i -i ^ i. • i send record of nisi prim and exhibits filed at tnal to clerk at principal office in Toronto ...... ^.-^^^^^^ Fifteen Daya after signing juclgment for plaintiff in action on bill of exchange, &c., after 1st J"ly, 1858, for execution to issue ;; ^.V, 1857. One ilibni/i after confession of judgment or co^r. ac<. given, for filing of record to make it valid to sup- port any judgment or execution .^. • -^^ ^^^^^ Four Months after passing of act (lOth June, 1857) allowed for filing confessions of judgment and cognovits actionem unsatisfied at passing oi ^^^^^J^ Thirty Dovs, to be in condition of bond on bail to the limit"^ for debtor to obtain allowance of same ^^ by judge of county court .••••- '^'^ ^^^^ Four Days, debtor to give notice in writing to plaintiff or attorney of motion for adowance ot bond to the limits.. • iVr^.m,. TITLE ^d when cited to be 4.iQrfl'» qi7 »» The Common Laio Procedure Act, 18ot). .. di« ^ce when cited to be , . lor? »» qa " The Common Lmv Procedure Act, ^^^^'^i;^^^ll "^^^ixccution, exempted from, to value of «fil|>» ^^^^^^^^^ ^^g on limits ....••• .....••.•••••• Imphnwuts of Trade of execution debtor to the value of X15, protected from seizure under cxe- ^^ cution from Q. B., C. P., or C C • • - -^ ^ -^^ lOTION 1 . 8 P., 1857. if it . 4 .. p., 1857. It, P- .. 17 L P., 1837. nd act 18 L. p., 1857. [to ,mc ... 25 . L. P., 1857. ; to e of ... 26 C.I..P,1857. " .. 31T ".. 33 C. L. P.» 185'* ebtor .... 308 tho r cxe- > . . . • 23 C. L. P., 1857 165 SECTION TOWN AND COUNTRY CAUSES ^^^ Venue distinguishes '.L*'" \'IV rWaUf, defendant's steps on plaintiff s neglect to ^^^ bring issue to * * " ^^^ IJecorc?, when to be entered TRESPASS .Q Actions for costs where verdict less than 40s. allowed to plaintiff where notice given to dcfen- ^^^ dant not to trespass ' * TRIAL . , ^f Separate, may be ordered by court or judge of different causes of action joined .............. Of Action where prejudiced, embarrassed or delayed by peculiar framing of pleading, judge may, on application by opposite party, strike out or amend 101 Notice of, eight days to be given Countermand of four days ••••/•*; • tt *' two days when short notice ot • ^ 147 Ori«m;»Vnrnot 'proceeding to, pursuant to notice, or insufficient countermand, rule for costs of the day may be had on affidavit without motion 148 Judgment for default in proceeding to. 14^, loi Of Imw, plaintiff neglecting to bring to trial, defendant may give him twenty days notice to bring it on, and neglecting, may suggest on tho record, and sign judgment for costs. • • A^^ Of Actions involving investigation of accoun s, judge at, may order reference, and appoint arbi- trators when parties do not agree Addressing Jury at, right of regulated lo i Adjournment of, at, may be ordered by couH or ^^^ iiar^-o^Vo/me^icVa'atV how far party may discredit his own witness i I' 166 SECTION TRIAL contifiued. Examination of Adverse mums at, proof of con- tradictory statements by, how regulated ....... lOU Cross Examination at, of ^vitness as to previous ^^^ statements in writing ••••• Judge at, has right to inspect and use for the pur- pose of, in his discretion, writing on which witness ^ is cross-examined without being shewn to him . . lt)l Examination of Witnesses at, previous conviction ot felony or misdemeanor by a witness may be asked ^^^ and proof given on denial •/'•*!* Witness at, may compare disputed with genuine writ- ing and give evidence thereon • • • • Proof of Instruments Attested at, which would bo valid without attestation, may be by admission or otherwise, and attesting witness not required 16d Admission of Doeuments and costs of proof, where party refuses to admit after notice ..... . -. • • • ASid^vit at, of attorney in cause or clerk sufficient to prove service of notice to produce where copy ^^^ of notice attached • *,* V M Sew, »/.e» granted on ground that verdict s Jainst evidence, the costs of the first tr.al to abide the event unless otherwise ordered by the ^^^ brought, notwithstanding judgment signed under ^^^ 182nd and 183rd sections •••••; • • •;• Sugyeaion by legal representative of so e plaintiff s dfath bclV,. the truth of it to be tried thereat, with the tit)< of deceased plaintiff ; • • Of Issues ioawd on pleadings upon suggestions allowed by court to be made upon motions in arrest of judgment, or for judgment »on obstante ^^^ veredicto * V^!.l* * \t Ejectment .t, claimant confined to proof of title set ^^^ up in notice attached to writ ;ciiON 1- . 160 IS . 161 r- ss .. 161 of ed .. 162 it- .. 164 be on :cd 163 ere ... 165 cnt 3py ... 167 ; ia Ito the ... 168 tion ider .... 184 tiff's reat, .... 210 tions 13 in tante .... 21T lesct .... 2i^2 1fi7 SECTION TRIAL rontinued. !•_„„♦ MJectment, defendant confined to t.tle or claim set UP on notice filed with appearance • ^« Ejectment, how claimant to proceed to, questu^nB to be determined, and verdict and form of ent.y ^^^ (Sch. A. No. 10) ■"■."!* 11 Ejectment Title of Clamant at, appearing to have existed as alleged in writ at service, although ex- pired before trial, he is entitled to verdict accor- ding to the fact that he was so entitled, and to ^^^ iudgment for his costs of suit ••■•*•, .' ' ' * Ejectment, place for trial may be changed by _ court or judge, on application from either party 286 Ejectment, defendant appearing and claimant not appearing at, claimant to be nonsuited ........ ^-J< Ejectment, claimant appearing and defendant not appearing at, claimant to recover without proof ^^^ of title ;.' '.'." Ejectment, jury may find special verdict, or either party may tender bill of exceptions........... -<>» EJcetlent, of issue in. where defendants defend as joint tenants, &c., with claimant where ouster dc- nied, the ouestion of ouster also to be tned ...... -4. Ejectment, where defendant proved to be joint tenant, &c., with claimant and defending s sueh, then unless actual ouster proved defendant en- ^^^ titled to judgment and costs •• ;•_•• Ejectment, when defendant defending as joint tenant, &c., and not found such, or no proo that an actual ouster has taken place clannant entitled to judgment for possession and costs. . . 2« FWtment of ouster when to take place ''*<> tef c rial death of sole claimant whose right docs not survive, and of his representative character, and the truth of the suggestion, and flu ^^l ri !■ *®^ SECTION TRIAL continued. , , title of deceased claimant cstab.shed at, judg- l„t to follow on the verdict in favour of or r.ainst the person making the s„gge»t.on as provided for with reference to judgment for or ^^^ against any such cUjant.........y--J^^^^^^^ Eketmcnt, claimant not pioceec m„ , may give him twenty days' notice to proceed, U. -56 sTZLt h Landlord for rent in arrear, wha '; of ^red au to entitle him to judgment and Tecutioi as if rent had been demanded and ^^^ ^Cetlandl'ord after proof of vight to possession ^^^ mav prove meme profits ,* ' ,' V i ' t «v aTbJ plaintliT or demandant, and defendant or tenant in any acMon in Q. B. or C. P., may m TerL^t aL- issue joined apply to court for, ^^ and discretionary to grant or retuso -j^ ^ ^^^_ .ie B«r, where ercvn interested, may be had a, of right upon the English principle ••-;;;:;..„„. At Bar Judges may appoint a particular day for, "^afd if in vacation the time to be deemed a part ^^ of the preceding term ' " " * ' "c l. p., waT. ''^ ;.W Armrator, refusing to act or becoming incapable, or dying and original t"™- » '"J Bhewing that vacancy not to be supplied or where 'parties or two arbitrators are at 1. e ^ W appoint and do not appoint, judge of superior S may appoint after notice »"-—;" ^ Ma« aJwaV* be appointed within period for making tC d by two arbitrators, where aoeument does ^It shew that there should not be an umpire.... M iVofice to appoint V. CTION ►r . 248 It c. 256 at u\ 1(1 .. 263 on . 267 or in 'or, .. 13 , L. P., 185T. J of ... 14 . L. P., 1857. for, part ... 15 a L. p., 1857. aing not here ty to erior 8... 92 iking does s* • • • , • • • • 94 94 ^^^ SECTIOS ^£TZx have allowed their tune to exp.rc without making an award ov sUall have aoUvecd Tany party or to the umpire a no..ccm«r.tmg ^^ that they cannot agree . "^""TiHl en judge's certificate may issue in any ^^^ ,^;;^:;ir.v:t;"fixh;u-;na;h;;t;;tca^^ returnable in ''^'iSinmis.joinderorno..-jom^^^^^^^ rected * * * ™!a^ writ must be sued out from office in proper ^ i>:^?x.;^;:-rbo'ch:n:;d^ ^ present practice . . . . ... • • • 'y^^l['J{ j^ office Chang^^d, proceedings to be continue ^ ^ where first process Avas sued out j^^in ciL County where two or more causes „t action ioined arose in different countie ;• 1i> iit united counties of Yor,. .f /^^tJ - York alone, when not united ^"^l* _^;_^^;J;^;;^;; 159 town causes j50 laid elsctvkcre, called country causes ••••.••••••••••• Writs of Execution maybe issued to sheriff m any ^^ county without reference to •••• InW^oflin /„ Ejectment for two or more claimants and one dying before execution, how survivors proceed to judgment and execution for entirety subject ^^^ to deceased claimant's share I„ iJi..«menf, after, sole defendant or all defend- ants dying, claimant is entitled to judgment ^^^ without suggestion or revivor In Ejectment landlord against tenant for arrears of rent, for defendant, or where claimant non- suited, defendant to have costs In Ejectment iox claimant, landlord against tenant for holding over, court may order payment and execution for him at the end of six days after ... 2W CTION 1 . 79 . 124 y e .. 124 .. 168 tc im ... 182 ial 238 en 239 on re- .. 240 ng im- .... 245 3ne eed jcct 247 md- lent 251 ears non- 263 tiant and er... 268 i 171 BECTIOM VIEW . . J By Jury, provisions as to obtaining under any previous act not to be affected WARRANTS OF ATTORNEY * Final Judgment on, may be entered as in, and see ** Co^noviYs ac«io?im final judgment on" 1^ WEARING APPAREL Exempt from Execution against debtor on the limits to XIO WEEKLY ALLOWANCE Prisoners in Execution, what, when, and how to ,^ . 295 obtain . Debtor applying for discharge, plaintiff may file interrogatories against which debtor must answer on oath before order for allowance or discharge 2Jb Only One Ten Shillings where several plaintiffs, and to be apportioned amongst themselves -y» To Debtor in Custody, on mesne process, proved before taxing master, to be allowed as disburse- mcnts in suit, and taxed as part of costs -«» Debtor in Custody also for criminal charge, no ^^^ allowance to WIFE ^ Plaintiff or Defendant, married since commencc- n^ent of action, judgment may be executed against alone, or against husband and wife by suggestion or writ of revivor — Judgment for Wife alone, executi^on may be issued by authority of husband, without writ of ^^^ revivor or suggestion WITNESS , . .. .„ 1 r,n DiscredU, how far party may, his own witness lo9 .1 ii 172 SECTION WITNESS continued. Cross-examination of, as to previous contradictory ^^^ statements, how rcgulatetl Cross-examination of, as to previous statement in ^^^ writing "Ti f Cross-examination of, as to whether convicted ot felony or misdemeanor allowed, and denying it, the opposite party may prove it, and how 1^- Comparison of Writiuf/, disputed, may be made by witness with genuine writing, and evidence ^^^ given thereon Court or Judijc on houri„g n.otiou ov summons may ovJei- to appear an.l bo cxa.ninca vn'a ^^^ TOW, and before ivliom • • •■;■•••• WilMhj Disobedient to rule or order of court to be eLJnoi, produce documents, &c., m contempt, and may bo preceded against by attachment ... m Prhoner in Cndody may bo brought up on Ubem ^^^ corpus Paument, entitled to for attendance of exammat.on under judge's order, and ONpcnses as in subpccna ^^^ at trial i"*r*-*i To Produce at examination under order of judge only such documents as could be ^'^^^i^^^t.^!!^ ITl trial , IS^amination of, ander order of court may be ad- ^^^ iournedfrom time to time •• Inspection hy, may bo ordered by court or judge... 1 . - Depositions of, to be returned to and kept >u p»per office of court in which proceednigs earned on, ^^^ ^yhcrc office copies may bo had Exa,nA^ation of, special «P-\«»' 1"^^=""'";2' absence upon order for examination to be made, and court to proceed for contempt \V 3TI0N r . IGO . 161 if ^, .. 162 .. 164 lis vd ... ITO be pt, ... m . .. 173 ;ion )cna ... 171 lage I at 171 ! ad- 171 ere . . . i • ^ ■oper 1 on, 179 LCt or nade, ....... 180 173 SECTION VVRIT GENERALLY / , r .i . J«s»i'« o/, to parties or attorneys by clerk of the ^ process at Osgoodc Hall ^/fmw^t; in Q. B., and C. P • ^ Alternate not to affect concurrent writs Issues of, in transitory actions from office of clerk of Crown and Tleas of Q. B. or C. T., or from office of any of deputy clerks Issues of, to be from proper officer in county wlierc ^ venue local ['"'"/, \ ^,1^, issued by clerk or deputy clerk of Crown and rieas to have memorandum in margin signed by officer issuing stating from what office and in ^^ what county writ issued Uvenj, to be Indorsed with name and abode of at- tornev actually suing out -^ Sued out by agent for any other attorney, then to be indorsed with name of such other attorney... -i Any, and Copy Served or executed for payment of any debt, how indorsed Any or Copy, plaintiff omitting any of the indorse- ments reriuired not on that account to be held void 61 3Iay he Set Aside as irregular • Amended, on application to court of which issued ^^ or a judge Miended, on application to set aside writ on terms 61 Defendant Within J urisdletion and plaintiff's claim lor debt or liquidated demand in money, &c., plaintiff may on such writ make special indorse- ment (Sch. A. No. 5) Vr'r"^ Special Indorsement on, as in Sch. A. No. 5, to be considered as particulars of demand and sufficient unless further ordered by court or judge • 41 Against Crarnishee, by judgment creditor, may be had calling on him to shew cause why there should not be execution against him for alleged debt or 1T4 SECTION WRIT GENERALLY continued. for amount due to judgment debtor if less than judgment debt and costs of suit Costs of, same as heretofore as near as possible but ^^^ in no case greater • • * • •; •* * ' Forms of, new and altered may he issued by judges di4 Existing, force and effect of from, to be the same as heretofore except as to alteration ordered by . , ol4 judges No Fees for Service of, by which actions commenced in superior courts or C. C. unless a return of the sheriff (or coroner when action against the sheriff ) of the county where made is indorsed, unless where sheriff has omitted to serve within fifteen days after delivery to him for service 0.1.^,1^57. WRIT OF APrExVL . Sued out within Four Years from entry of judg- ment, decree or proceeding WRIT OF ATTACHMENT ^ ^ Against Absconding Debtor (Sch. A. No. T) . . . 4d Dated on day of suing out In Force six months ♦ • * * Beneioal of * * *'***** * Affidavits required to obtain rule or order of court ^^ for issue of ' * * * *-i* \* * *** Issue of, to be marked " Inferior Jurisdiction where within jurisdiction of county court and costs accordingly /•*'.* Bule or Order for issue to fix time for putting m special bail * .^ To be Issued in duplicate .*.*»y* After Service of, or impracticability of service proved, court or judge may direct plaintiff to proceed in action as they may order *— Plaintiff to prove his debt before a jury or on / CTION 1 . 197 it . 311 !S 314 le 'J . 314 id le T) ro ys .. 28 L. p., 1857. .. 293 43 43 43 43 • • • )urt • ••• on and f m 3 •vice r to »r on 44 44 44 44 45 175 SECTION WRIT OF ATTACHMENT continued. assessment or by reference to compute as con- dition precedent to obt ining judgment 45 Execution not to issue until plaintiff, his attor- ney or agent make oath of sum due by abscond- ing debtor to plaintiff, giving him credit for law- ful sets off • ^^ ^rrmt^/ow, how indorsed to levy > 45 Concurrent, plaintiff may issue within six months from date of original writ without further order 4G Tested on same day as the original writ, and marked in margin by officer issuing " concurrent" 46 Directed, may be to any sheriff, and need not be sued out in duplicate ^^ Operation of, merely for attachment of debtors' real or personal property, in aid of the original .. , ,,,, 46 writ • • • Sheriff to return with inventory 49 Execution under, when to be postponed to execution got by plaintiff in another suit, and upon what terms as to paying costs of writ of attachment • and seizure ^"^ WEIT OF CAPIAS Not to Issue except on affidavit of plaintiff, his servant or agent, and what the affidavit to contain 23 iVbr wanJ/O'cm where cause of action less than XIO 23 Maij Issue on Judges Order where cause of action other than debt certain in Cases and in manner of previous practice.. ^«> Kot to Imte against privileged person 23 Dated on day of issue ^^ Tested in name of chief justice of the court from which issued or on vacancy of office, of senior puisne judge • • Indorsed, to he, with name and abode of attorney i'{ kI n ssaavusiSBmarm 176 **• SECTION WRIT OF CAPIAS continued. actually suing out. or where Bued out by agen^ for any other attorney, then i^ith »='»« «[ ^^^^ gj other attorney ..........••• ••••• m Attorncv suing out, then of .ts be.r g .ss«-^i by plaintiff in person, naming city, 8.C., where^Uo ^^ resides ** ** , .^ . In Force, for six montlis only from day of date m- ^^ cludinff day of date * .'"* JJ.„c, J, may be, at any time before the exp.ra. tion of six months from date of renewal, and so from time to time, during eurreney of renewed ^^ randum of renewal •,.•■■■"'■'■. 28 Renewal, cffeet of on statute oi Y'^'T\"Z':\ Produetion of, with memorandum of renewal, signed under 28th sectiou to be evidence of^re- ^^ but before judgment, plaintiff raay I'-v^ »"jf " davit, as in 2.3rd section, or on judge s order ^^ (Sch. A. No.C) '.":"',""".['"'( To Issue out of court whence ongmal writ^ of ^^ fiummons issued ..,......•••••• Election to sheriff, &e., and duties thereon...... 42 C.»«» o/,_ plaintiff entiUed to, on taxation, ^on ^^ ^be had in default of special bail at exp^ra « ten days from execution thereof on whatever day the last d»y may f.:l, whether in term or ^^ vacation .....«.....—- " gg Holkh'ys excepted • '"-"••"'"l^Z Executed or Served between 1st July and -1st ef August, special bail may be put in by defen- ^^ dant at expiration of ouch ten days ECTION nt sU ... 21 by he ... 21 in- ... 28 ra- i so .... 28 mo- >•••. 2o 28 wal, re- 80 wnSy affi- >rdcr 42 it of 42 42 I, on ) • • • • '3^^ Lon 0^ itcver rm or 65 •• 65 d21st defen- se 177 flECTION WRIT OF CAPIAS continued No Declaration, &c., to be filed or served be- tween 1st July and 21st August 65 WRITS CONCURRENT (See "Concurrent Writs") •• ^T Jurisdiction, may bo out of and in ^^ WRIT OF EJECTMENT Form (Sch. A. No. 12), statements, commands, and ^. •• 22X notice * Attorney Issuing, to indorse his name and resi- dence, or where'no attorney, name and residence of party issuing ; * " Beasonahle Certainty;' •'.vant of in description of property or part of it, ground to apply for better particulars ••• . Questions at Trial, whether statement in, if claim- ant'a title is true or false.. » •••• ^^ WRITS OF EXECUTION All to Issue from office where judgment entered, or after transmission of the roll to the principal office, at the option of the pavf-v eudtled thereto out of principal office '*-•-•• • WRIT OF INJUNCTION „ ,. ^, ,„ 283 to 286 Proceedings on ••'••• '•* * WRIT OF MANDAMUS Pro<7t'^(^m^s thoreon • *•• -<^ ^« ** WRIT OF REVIVOR Proceedings thereon • • • ^ Tc'sf*? on tiio day of issuing • -•*• ^- ^ Q :iilN .-^"^^^■■cjy. ^ » 178 SECTION WRIT OF EEVIVOR continued, . ^ Sued out and served in any county and proceeded on in term or vacation as a writ of summons ^U& Venue may be laid where sued out ..•• -5Ui> PUadmgi and proceedings the same as m other ^^^ actions. • ' '*•* **!r„« Costs, rights of parties to, the same as m other ^^^ actions .*...........••••• Vl'iTlni To Revive a Judgment less than ten years old will be allowed without rule or order If more than ten, not without a rule or order If more than fifteen, not without a rule to shew ^^^ cause ........••• I„ Form Sch. A. No. 11, plaintiff or his cxecutorto have against defendant or Ins executor after m- terloeutory judgment and ptoeeedings thereon to final judgment where either party diea between interlocutory and final judgment •••"••••••••""• ''^ Moment may be obtained agamst husband and wife and execution issue thereon .....,.....■•.•••• ^ Not mcesmry to authorise h.isband to direct cxe- _ oution to issue against wife's judgment ..•• '^* WRIT OF SUMMONS . ,. . . ^ lperson.1 Action, defendant in junsdic .on not to be held to special bail (Sch. A. No. 1 ...... ." To mention Itaidence. or suppos. d residence of ^^ 7oL of., issued under authoruy °2°'."!l"!! IT mention ..#.....•••••♦•••••••••••••••'••*•**" ig Tocontam names of all the defendant, ••'•••••• Not to contain name or names of defendant or defendants in more actions than one Dn/sd on day of issue ••" M in name of chief justice of court from i CTION I . 205 . 205 ,. 205 r .. 205 U w ,.. 207 to n- to en ... 213 nd ... 214 se- .... 214 not .... 16 J of .... 16 din IT not ■•••• • • • it or • • • I * * * from IT 18 18 19 19 20 21 25 25 26 26 179 8ECII0N WRIT OF SUMMONS continued, which issued or vacancj of ofGce of senior puisne judge of court • • Clerk of Crown, &c., issuing writ to mark in margin a memorandum of office and county from which issued and sign same • Attorney's name aud abode to be indorsed 21 Ko Attorney, then name and residence of plaintiff suing out in person '• Attorney on demand in Avriting to declare whether writ issued by him or not, if yea, then to declare place of abode of plaintiff on pain of contempt. Declaring that writ not issued by him proceed- ings to be stayed Amount of Debt to be stated on and plaintiff 's attorney's costs, &c ••••• Further Indorsements ....««.. • Concurrent writs of, plaintiff may have during six months from issuing of origimil writ., 27 In Force during period original writ shall be in force • In Force, not for more than six months from day of date, including day of date May he Uenetved at any time before the expira- tion of six months from date of renewal, and so from time to tune during currency of renewed writ #*#*....*...»o«... .••• ...... ••»••••• Renewed, to be marked in the margin with memo- randum of renewal . ».m*,»t ♦ .-•* ...... •»••••#• Reneiml, effect of on statute of limitations Sch A, 1, 3, 4, mistake in using one for the other may be amended by judge on exparte application without cost!} •#«.«•;•»•• • ♦• •• • ••••••••••♦* • • Appearance to, form and mode of.... Service of, may bo in any county in Upper Canada 81 Service, party making, to indorse day of month 27 28 28 28 38 64 v I' 180 SECTION WRIT OF SUMMONS continued, and week within three days from service, or plaintiff not at liberty on non-appearance to proceed Against Corporations aggregate may be served on major, warden, president, agent, &c., and whom considered agents, on whom same may be served 33 Service to he Personal where it may be practicable 34 Where Impracticable ^ com-t or judge may allow plaintiff on application supported by affidavit to proceed without personal service 34 Writ of Simmonsy Defendant leing British Suhject out of Jurisdiction of Superior Courts 35 Plaintiff may issue Sch. A. No. 3 • • ^^ Time for Appearance thereon regulated by dis- tance from Upper Canada where defendant resides and time for postal and other commu- ... 30 nication . - , « Court or Judge may upon being satisfied ot cer- tain enumerated facts give plaintiff liberty to , 3o proceed Plaintiff to prove amount of debt or damages claimed in action either before a jury or an as- sessment in usual mode, or by reference to com- ■ pute, as court may direct V'*"'*V, Judgment not to be obtahied by plaintiff until amount of debt, &c., proved ^^ Writ of Summons against Defendant Residing out of the Jurisdiction and not a British Subject ... 36 The like Proceedings against a British subject resident out of jurisdiction except that writ to be Schedule A. No. 4 •" Notice also to be served of such writ upon the defendant also in form Sched. No. 4 36 ' 181 SECTION WRIT OF SUMMONS continued. Service or efforts to serve of same force and effect as service on or efforts to serve British subject resident abroad ••••• "^ Court orJudgCy on being satisfied by afiidavit of impracticability of service, the like proceedings may be taken thereupon 36 ^cezW Cowme?icec? iy, plaintiff may before judg- ment on afiidavit under 23rd section or on judge's order sue out from same oflice writ of capias, &c •••••• ^^ Appearance to, need not be entered by plaintiff for defendant ^^ With Special Indorsement, &c., non-appearance by defendant, plaintiff on filing affidavit of personal service of, or a rule of court or judge's order to proceed under act at once to sign (Sched. A. No. 7 bis) final judgment for any sum not exceeding gum indorsed on writ, with interest to date of judgment, and costs to be taxed in ordinary way 60 X^o Proceedings in Error or appeal on judgment 60 Plaintiff may issue execution on such judgment at the expiration of eight days from last day for appearance and not before • • • 60 Court or Judge, before or after final judgment, may let in defendant to defend on application supported by afiidavits accounting for non-ap- pearance and disclosing defence on merits 60 Not Specially Indorsed on Non-appearance by • defendant, plaintiff on filing affidavit of personal service of, or a judge's order to proceed under act, and the writ of summons may File Declaration, indorsed with a notice to plead in eight days and to sign 61 61 182 SECTION WRIT OF SUMMONS continued. Judgment hy Default at the expiration of the time to plead, and in the event of Ko Plea being filed and served where the cause of action mentioned in the declaration is for any of the claims which might have been inserted in the special indorsement on the writ of summons, the Jwto?en< shall be final, and Execution may issue for amount indorsed on mit of summons with interest and costs ..... . . • • CosU on, plaintiff not entitled to more than if he had made such special indorsement and signed iud<^ment on non-appearance ^ Proceedlnos mentioned in or notice or warning may be had in default of defendant's appearance at the expiration of Ten Days from service on whichever day the last of such ten days may happen to tall, whether in Term or Vacation, except as to J?b?^t?avs, for which see the act; and where ^.rr..Z between 1st July and 21st August m any ^pp'Ln^e may be entered by defendant at the expiration of such ten days, but . , ,, iVr,2),,Za,af;o,i or pleading after declaration shaU befiled or served between 1st Julyand21st August 65 Writ of Summons with Special Indorsement against Two or more Defendants, if ^ One or more of such defendants only shall Appear and another or others of them shall Kot appear Plaintif may sign ^ Judgment against such defendants only as 61 183 SECTION WRIT OF SUMMONS confmwci. Shall not have Appeared, and before declaration against the other defendants who shall not have appeared i. i, n hme Execution thereupon, in which case he shall bo taken to have ^Jam^onaUis action against the defendants who shall have Appeared; or . j i Plaintiff may before such execution declare against such defendants who shall have Appeared, stating by way of ^ SiifjgeBtion the judgment obtained agamst the other defendants who shall Not have Appeared, \n\i\\\d\c^^Qi)^Q Judgment so obtained shall operate as Judgment by Default, obtained before the act against one or more of several defendants m an action 01 debt • ...••• Amendment of, in case where Notice given by defendant of Non-Joinder of co-plaintiff, or Plea in Abatement of such non-joinder the P/amfif shall be at liberty Without Order to ^ Amend before Plea by adding the names of the persons named in Notice or Plea in Abatement Ainendment of in any Action on Contract where iVon-JomJcr of defendant is Pleaded in Abatement the iJ, m i 184 8ECXI01il WRIT OF SUMMONS continued. Plaintiff to he o-tMhevty WitJiout Order to amend Writ of Summons and Declaration by adding the names of th« Joint Contractors and to Serve the Amended Writ on them and to Proceed against the Original defendant and the persons named in Plea of Ahatementyhvit the Date of such Amendment shall as between the person or per- sons so named in such . Plea of abatement and the Plaintiff be considered for all purposes as the Commencement of the Action •••••• Tl ROWSEtl. * EtUS, PRINTERS, KISQ STREET, TORONTO. ICXIOM 51- le .. n ^pw«^ f. *