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Whenever possible, these have been omitteri from filming/ II se peut que cectaines pages blanches ajout6es lors d'une restai ration apparaissent dans le texte, mais. lorsque ce!a itait possible, ces pages n'ont pas 6tn a "party." body politic or corporate, as well as an individual; (5) The word " executor" shall be held to embrace and "Executor." mean " of the last will and testament," and extend to parties acting as such of their own wrong; (6) 816 "Adminls. trator." Singular and plui'ul. Gender. "Sworn," "ono.ith." " Home Court," " Home Dh-lslon." " Foreign Court," "Foreign Division." "Judge," "Clerk.'' "Plaintiff," "Defend- ant." "County." "Tlie claim" 'Process.' " United Counties." j GENERAL RULES OP JULY, 18C0. The word " administratoT" shall be held to embrace and express '' of the goods and chattels, rights and credits which were, &o. ;" (7) Every word imDorting the singular number shall, wnere necessary, be un> dorstood to mean several persons or things, as well as one person or thing ; (8) Every word importing the masculine gender shall, where necessary, be un- derstood to moan a female as well as a male ; (9) The word <' sworn," and the words "on oath," shall be understood to mean affirmed or on oath viva voce, or by affidavit or affirmation; (10) The words " Home Court" and " Home Division" shall mean respectively the Court and Division' from which pro* cess originally issued; (11) The words " Foreign Court" and " Foreign Division" shall mean respec- tively the Court and Division into which process is issued from another Court; (12) The words "Judge" and " Clerk" respectively shall be taken to extend and be applied to the Junior, Deputy, or Acting Judge, or Deputy Clerk (as the case may be or re- quire); (13) The words "PlaintiflF" and«Defen. dant" respectively shall be mutually transposed, where necessary, for the proper application and con- struction of any of these Bules or the Forms here- with, or for giving effect thereto; (14) The word " County" shall include any two or more Counties united for judicial purposes; (15) The words "the claim" shall mean the demand or the subject matter for which any suit or proceeding is brought or insti- tuted in a Division Court; (16) The word " process'* shall mean any summons, writ, or warrant issued under the seal of the Court, or Judge's summons or order. (17) In any form or proceeding, the words " United Counties'* shall be introduced according to law, and circumstances rendering the same neces- sary. CLA.IM AND PARTICULARS. 3. Every claim should shew the names in full, and the present or last known places of abode of the parties, and must be written in a legible manner, and delivered to the Clerk, at his office; provided ime neces- Spe"Amrn(l. iiient«" / ! pp. -38, jtf. Sec sees. 35, p. 14, nnd 74, p. 3U, Forma 16 to 21. GENERAL RULES OP JULY, 18C0. gj^'y that if tl»o Plaintiff is unacquainted with tho De- Sop srrs. 35, fondant's christian name, the Defendant may bo \X p. "i)',^ deacribed by his surname, or by his surname and the J'^^'""* ^^ ^° initials of his christian name, or by such name as he is generally known by : and the Defendant muy be 60 described in the process, and the same may be taken to be as valid as if the true christian name and surname had been stated therein ; and all subsequent proceedings therem may be taken in conformity with such description; or, when the Defendant's true name is jijoovered, the proceedings may be amended accordingly, on such terms as the Judge thinks fit. 4. The claim shall, in every case admitting thereof, shew the particulars in detail; and, in other oases, shall contain a statement of the particulars of the claim, or the facts constituting the cause of action, in ordinary and concise language, and the sum or sums of money claimed in respect thereto : (The Forms 15 to 21 are given by way of illustration.) but in all cases the Judge, in his discretion, and on such terms as he thinks fit, may adjourn the hearing for a statement of the particulars or further particu- lars. 5. Where a Plaintiff sues a Defendant, under the provisions of the Act 27 and 28 Vic. cap. 27, the claim shall contain the following statement : " And the Plaintiff enters this suit, and claims to have it tried and determined in this Court, because the place of sitting thereof is the nearest to the Defendant's residence." 6. In all actions in Division Courts against officers frf 2^27^^' and their sureties (under the 25th and subsequent 28^ 20^ pp. sections of the Act), on the officers* Security Cove- ^^{^'^^'^ nantf the particulars of the claim shall be according to the Form 18. The process and subsequent pro- ceedings to be the same as in ordinary casest 7. Where a party, having an unsatisfied judgment. See pages 78 desires to proceed under the 160th and subsequent Forms' 27 & sections of the Act, he shall enter with the Clerk a 28. minute in writing according to the Form 27, or to the like effect, which shall be numbered in the order See secp. in- sei-ted afl.cr 71, pp. SO lo 38, and Form of Execution 80. did GENERAL RULES OF JULT, 1860. See Rnies in which it fihall be received; and if he proceeds in a Division Court other than the one in which the judgment was entered, he shall, with the minute, deliver to the Clerk a transcript of the judgment; and thereupon a summons (Form 28) bearing the number of the minute shall issue. See sec. 69, g. Where the excess is abandoned, it must be and 8ec.%5,' doue, In the first instance, on the claim. p. 103. PROCESS. See sees 84, p. 14, and 74, p. 3i). Sec. 74, p. 89. See page 276 and notes (c) and (cc); p. 88, note (w). See sees. 34, p. 14, and 74, p. 39. See p. 75. note (c). 9. All first process issued under the seal of the Court shall be signed by the Clerk, dated the day on which the claim is entered, and numbered to corres- pond with the claim on which it issues^ and, with the exception of Warrants of Attachment, duly stamped. 10. The first process issued in a suit under the seal of the Court shall for all purposes be held to be the commencement of the action. 11. The first process for the recovery of a debt or money demand, or for a tort or other personal action, may be a summons and called <' ordinary summons " (Forto 22). 12. In actions for the recovery of a debt or money demand, where the particulars of the Plaintiff's claim are given with reasonable certainty and detail (under the Act of 1869,) the first process may be a summons, and called '' special summons," and may be in the Form 23 set forth in the Schedule ; and the Warning No. 1 therein shall stand in lieu of the Form A in the Schedule in the last mentioned Act. 13. In actions of Replevin, the first process shall be a writ of Replevin and Summons called " Sum- mons in Replevin " (Form 24). 14. An alias or pluries process shall be dated on the day on which it actually issues. 15. Where the Plaintiff sues under the 152nd section of the Act, the proceeding shall be by " ordinary summons " or " special summons," but in addition to the notice or notices and warnings on the original summons to appear there shall be added the e proceeds in in which the the minute, ! judgment; bearing tbe it must be seal of the id the day on ed to corres- ij and, with iment, duly t under the »e held to be of a debt or sonal action, r summons" ibt or money 9 Plaintiff's 7 and detail iss may be a ," and may ledule; and a lieu of the itioned Act. rocess shall led « Sum- be dated on the 152nd lall be by ns," but in ings on the I added the GENERAL RULES OF JULT, 1869. g^g following : " The Defendant is informed and caution- ed that I K (insert the name of the beneficial plaintiff) only has power to discharge this suit, the subject matter thereof having been seized under execution.'*' 16. Leave to issue a summons or process under See p. ss, the 72nd section of the Act may be granted at any ^ ^"^® time by the Judge, on production of an affidavit, (Forms 8 or 9), or upon oath to the same effect, at any sittings of the Court, in which the action is to be brought ; and where a summons issues by leave of the Judge, no written order for such leave shall be necessary, but it shall be sufficient to insert in the summons '* Issued by leave of the Judge.'' 17. When there are more Defendants than one. New. and they reside in different counties, concurrent summonses may issue for the service of the Defen- dants residing out of the county in which the action is brought, but the costs only of the summons actually served shall be allowed on taxation, unless the Judge directs otherwise; and such concurrent summons shall correspond with the original, and be marked in the margin " concurrent summons." SPECIAL SUMMONS. 18. Every " Special Summons" shall be return- SceFomss. able on the eleventh day after the day of service 70^77 *&' 79' thereof upon the Defendant, in case the Defendant, pp- 46, 41,' or one of the Defendants, resides in the County in i8^9,^p* 276, which the action is brought j in case none of the ^^'^ °otes- Defendanu"* reside in the County, but one of them resides in an udjoining County, the Special Summons shall be returnable on the sixteenth day after the day oi such service ; and in case none of the Defen- dants reside in the County within which the action is brought, nor in an adjoining Countv. the Special Summons shall be returnable on the twenty-first day after the day of such service upon th^ defendants. 19. In case a " Special Summons*' shall not be See Form 28. served in time to make the notice of the sittings of the Court at the foot of " Warning No. 2 " available I 320 See pp. 276, 277, note (tO. See Form 102 I3rd). GENERAL RULES OP JULY 1869. for the information of the Defendant, the Bailiff shall return the same forthwith to the Clerk vrhu issued the summons, and the Clerk shall add a new notice of the proper days of the week and month on which the two next sittings of the Court are to be held, and shall return or transmit the same to the Bailiff for service. 20. A Defendant giving notice of set-off or other statutory defence, or paying money into Court, or pleading a tender, shall be deemed to have suffi- ciently given the Clerk notice of disputing the Plain- tiff's claim within the meaning of the Act of 1869. 21. When the Defendant's notice of defence dis- putes the claim in part only, the Clerk shall in the manner provided for in Rule 88, forthwith notify the Plaintiff thereof, and require him forthwith to say in writing, if he is willing to take judgment for such part; and if the Plaintiff fails to notify the Clerk that he is content to take judgment for the part admitted, it will be assumed that he seeks to recover the whole claim, and in such case the Plain- tiff must proceed to trial as in ordinary cases. 22. In case there are several Defendants, and all of them have not been served with a special sum- mons, then unless the Plaintiff is content to take judgment against those served only, judgment cannot be entered on his behalf under 'the said Act, but the Plaintiff will have to proceed to a hearing before the Judge as in ordinary cases. 23. In case the notice required by the second section of the Act of 1869 has not been given by a sole Defendant, or by one or more of several Defen- dants, (and the Plaintiff is willing to take judgment against those only,) and leave to dispute the Plain- See sees. 75, **^'^ claim has not been given by the Judge, the TR w 70 ' Clerk, after receiving a return of the '' special sum- mons," with the proper affidavit of service may, on the twelfth day after the the service of the. summons, where the return day is the eleventh day after service, and on the seventeenth and twenty-second days respectively, where the sixteenth and twenty-first 76, 77, 79, pp. 40, 41, and sec. 2, p. 276, and notes. ! GENERAB RULES OF JULY, 18C9. 321 278. days after the day of service are the return days of such summons, or at any time within one month after such return day, enter judgment against the Defendant or Defendants so served as aforesaid, for the claim, or so much thereof as has not been dis- puted, if the Plaintiff is content with judgment for such part. If the Plaintiff is not content to take judgment for the part not disputed, he must proceed to trial, as in ordinary cases, and the part of such claim not disputed, shall bo considered as admitted and confessed by the Defendant or Defendants. 24. In case a sole Defendant, or some one or more Seo page of several Defendants served with a " special sum- ^^•'' "'»*^('0- mons," has or have given the necessary notice of defence required by the Statute, and the Plaintiff is not willing to take judgment against those Defen- dants only who have made default, the action shall thereafter be proceeded with as in ordinary cases, secs.2and4 and the default of those Defendants (if any there be,) notea(g&h)', who have not given the notice at the time limited ^' (unless the Judge gives them leave to put in such notice afterwards,) shall be considered as against them, a confession of the Plaintiff's claim. 26. In actions commenced by special summons where there are more Defendants than one, and some of them have been served with process, but have not given any notice disputing the Plaintiff's claim, and other or others of them have not been served, but have given a confession of the debt, the Clerk shall produce or transmit the confession duly proved to the Judge for his order, and when the For ji 63. Judge's order shall be procured, the Clerk may enter judgment therein within one month after the return of the summons against all the Defendants for the amounts claimed in the particulars, or so much thereof as has not been disputed (if the Plaintiff is content with judgment for part,) provided that the Defendants who have confessed shall have acknow- ledged the same amount by their confession, and such judgment may be in the form 53, and it shall not be in the power of the Plaintiff to elect either to proceed on the confession against some of the Defen? Sin . More than one defea- dant. 822 Beo. 2, page 2T8, note (gg.) Section 4, page 278. GENBRAL BULES OF JULY, 1869. dants, or to obtain final judgment against those Be* fendants who have not confessed, but tbe judgment shall be entered against all the Defendants joiDily. 27. In any action brought against two or mote Defendants by " Special Summons,'' and all sucb Defendants are not served on the same day, the Clerk, if no notice of defence is entered by such Defendant or Defendants as are first served, may on the day he could have entered final judgment against iiuch Defendants, if they had been all served, enter a minute in the Procedure Book, stating the fact of service, and of no defence, and the Clerk may so proceed against each Defendant as the time falls due, until the last is served, when if he does not put in the necessary notice of defence in the proper time, final judgment may be signed against all ; but if it is not desired to enter judgment against one of the several Defendants till all have been served, no such minute need be made. 28. If one or more not being all of such Defen* dants, put in the necessary noticC) the action shall proceed as in other cases, the Clerk, (unless the Plaintiff wishes to abandon those who defend) not signing judgment against those who have been minuted, as aforesaid, until the action against all is determined, so as to have but one taxation of costs. When the case is tried, if a judgment be given for the Plaintifi against those Defendants who dispute the claim, the Clerk may enter final judgment against all the Defendants ; if at such trial a judgment be given for those Defendants, or any of them that dis- pute the Plaintiff's claim, the Plaintiff if not intend* ing to make a motion to have the said judgment reversed or altered, must obtain leave to amend his proceedings by striking out the names of those Defendants in whose favor judgment at the trial was given, and final judgment may be then entered against those who have been minuted as above and against any Defendant against whom judgment at such trial was given. 29. Any Defendant who has been minuted as aforesaid, may be let in to defend on sufficient GENERAL RULES OF JULT, 1869. 828 grounds shown to the Judge as in any ordinary case of judgment entered in default of the necessary notice. 80. In case the Defendant has givon a confession Section 2 or acknowledgment of debt, and has not put in the ^l^ fj^j notice disputing the FlaintifPs claim, the Plaintiff may either proceed on the confession as in ordinary cases, or may obtain final judgment under the Act of 1869, as he may elect. The costs and disburse- ments of transmitting such confession to the Judge to obtain the order for entering of judgment^ shall be costs in the cause. 31. In case judgment be not entered by default, see sec. 2, on a special summons, within one month after the ^^fJJ* return of the summons, the Clerk cannot enter it Formiii. afterwards ; but the suit shall not thereby abate or be considered as discontinued, but the plaintiff may continue and reviye the same at his own expense by suing out an alias summons in the ordinary form of summons to appear (Form 22), with the same parti- culars attached or endorsed as were attached to or endorsed on the '^ Special Summons/' which shall be duly served upon the Defendant in the usual way, and the suit may then proceed as in ordinary cases. 82. The judgment shall be entered by the Clerk Judgment, in the Procedure Book, according to the form to these rules appended (No. 52), in lieu of the « jPom B" in the Schedule to the Act of 1869. 83. The execution to ,be issued on a judgment Execution. under the second section of the said Act shall be in the form set forth in the schedule of forms to these rules. No. 77. 34. Where, under the provisions of sec. IS, of See page 291 the Act of 1869, a writ of execution is required to °<^*«(w. be executed out of the Division, the writ may bo directed by name of office to the Bailiff of any of the Division Courts in the same County, but cannot be issued to the Bailiff in another County. The returns required to be made under sees. 18 and 19, must be made to the Clerk by whom the process or documeot has been issued. S24 OENEIUL RULES OF JULY, 1809. New. ATTACHMENTS. Bee sen. 199, 35. The foTm of affidavit for an attachmeDt shall See Form 11 be accordiDg to the Form 11. In all cases where 2i"and*207 ^^ attachment shall issue, (whether the suit be page 106, ' commenced by attachment in the first instance or noted)}. Qot), and the summons against the Defendant shall not be personally served, the hearing or trial shall not take place until a month after the seizure under the attachment. 36. When several persons sue out warrants of attachment against an absconding, removir y or coii' cealed debtor, each one of such attaching creditors may enter a defence, call and examine, and cross- examine witnesses as to any debt or claim proved or attempted to be proved against the debtor, in the same way and to the same extent as the debtor him* self might do were he personally to appear and de* fend the suit on any ground whatever. INTERPLEADER. 37. When any claim ^shall be made to, or in respect to, any goods or chattels, property or security, taken in execution, or attached under the process of any Division Court, or the proceeds or value thereof, by any landlord for rent, or by any person, no'. b^: "v the party against-whom such process has issv-co summonses have been issued on the applicaac^ v< the officer charged with the execution of sucl .O' cess, such summonses shall be served in such tiiuo and manner as. is directed for service of an ordinary summons to appear ; and the case shall proceed as if the claimant were the Plaintiff, and the execution or attaching creditor were the Defendant. 38. The claimant shall, not less than six days before the day appointed for the trial, leave at the office of the Clerk of the Court, a particular of any goods or chattels, property or security, alleged to be the property of the claimant, and the grounds of his claim, set forth in ordinary and concise language ; or, in case of a claim for rent, the amount thereof, fur what period, in respect to what premises the same See sec. 175. page 85, and notes (z) {a) (b) (c), and section 20, page 293, note (u). See seoa, 75, 76, 77, p. 40. See Forma 80 and 21. £« OENEILVL rules op JULY, 18«9. 825 chment shall , cases where! the suit be i instance or fendant shall or trial shall eizure under warrants of vir » or con. ng creditors and cross- in proved or ebtor, in the debtor him. pear and de- le to, or in 1 or security, le process of alue thareof, n, noii bv f ;' issneo - :■■. ■• >piioai,iO'' i> P suet .0.. a such tituo an ordinary roceed as if zecution or n six days ave at the liar of any leged to be mds of bia languas^e ; It thereof, iS the same I is claimed to be due, and the terms of holding : and any money paid into Court shall be retained by the Clerk until the claim shall be adjudicated upon ; rovided that, by consent, an interpleader claim may e tried, although these rules may not have been complied with : and the summonses, the particulars, Soo Forma and the order thereon, shall be according to the gj; ^^' ^^ * Forms given or to the .like effect. 89. In case the claimant shall not have complied See uuie se. with the rule in respect of delivering a particular of his claim, the Judge may, upon such terms as he shall direct, order the trial and proceedings to be adjourned, so as to enable him fully to adjudicate upon the claim on the merits. 40. Where the claim to any goods or chattels. New. property or security, taken in execution or attached, or the proceeds or value thereof, shall be dismissed, the costs of the Bailiff shall be allowed to him out of the amount levied, unless the Judge shall other- wise order. REPLEVIN. 41. In actions of replevin no other cause of action see pp. 201 shall be joined in the summons. an*^ 207, and •' Forms 16, 42. Where the distress is for rent, and the De- """^ ^^ fendant succeeds in the action, if the Defendant requires, the Judge shall find the value of the goods 13^^ 2, c. distraiced, and if the value be less than the amount ^' "• ^- of rent in arrear, judgment shall be given fur the amount of such value ; but if the amount of the rent in arrear be less than the value so found, judg- ment shall be given for the amount of such rent, and may be enforced in the same manner as any other judgment of the Couit 43. Where the distress is for damage, feasint,2inA See statute the Defendant is entitled to judgment for the return, 19. ^.'^"' ^' *'' if the Plaintiff requires, the Judge shall find the amount of the damages sustained by the Defendant, and judgment shall be given in favor of the Defen- dant in the alternative for a return, or for the amount of the damages so found. B Bee and 130, 323 OElTEItAL BtTLES OF JULT, 1809. Bee Pornis 44. In any other action of replevin, tho judgment 70 aiid 86. fof the Defendant shall be for a return of tho goods replevied with the costs of suit, together with such damages as the Defendant shall sustain by the issu- ing of the writ of replevin, if damages are awarded. 45. In case the Defendant in an action of rcple* eep.46, &; vin shall pay damages and costs into Court, under nd Kuie'^^' tho 90th sectiou of the Act, and shall leave with the Clerk a consent that tho replevin bond bo delivered up to be cancelled, and an express waiver of all right to the property replevied, and the Plaintiff ac> cept such daniageS; the proceedings in the said action of replevin shall thenceforth ceaso and be discon- tinued. 46. Before the bailiff replevies, ho shall take a bond in treble the value of the property to be reple- vied, as stated in the writ, which bond shall be as- signable to the Defendant, and tho bond and assign- ment thereof may be in tho form given, the condition being varied to correspond with tho writ. 47. The copy of tho '' Summons in Replevin " shall not be served upon the Defendant, until tho bailiff has replevied the property, or some part of it, if he cannot replevy the whole in consequence of the Defendant having eloigned tho same out of tho County in which he is Bailiff or because the same is not in the possession of the Defendant, or of any other person for him. 48. A copy of the ** Summons in Beplevin " shall be served on the Defendant personally, or if he cannot be found, by leaving the copy at his usual or last place of abode, with his wife, or some other grown person being a member of his household, or an inmate of the house wherein he resided as aforesaid. 49. The Bailiff shall return the " Summons in See *®°-g^^' Replevin " at or before the return day thereof, and nofe (9) 'and shall annex thereto : — Form 119. . . a. The names of the sureties in and the date of the bond taken from the Plaintiff, and the name or names of the witnesses thereto. Bee Forms 117 and 118, and see Sec. 8, pngo 204, note (/), and sec. &,p.209. See sec. 7, page 208, & note ((i). Bee sec. 6, page 203. GENERAL RULES OF JULT, 1869. 327 h. The place of residence and additions of the sure- ties' e. The number, quantity and quality of the articles of property replevied, and in ease he has replevied only a portion of the property mentioned in the sum- mons, and cannot replevy the residue, by reason of the same having been eloigned out of the County by the Defendant, or not being m the possession of the Defendant, or of any other person for him, he shall state in his return the articles which he cannot re- plevy, and the reason why not. (Form 119.) 50. If the Bailiff makes such a return of the pro- Hee sec. 20, perty distrained, taken or detained, having been Ipom'in'^* eloigned, then upon the filing of such return, a writ con. Btat. ia Withernam (Con. Stat. U. 0., cap. 29), shall ^jf' P"«" be issued by the Clerk, who issued the summons in replevin, and before executing such writ, the Bailiff Bball take pledges (sureties) in like manner as in cases of distress. See Form 119. GARNISHEE PROCEEDINGS. 51. The affidavit (Form 40), required by sec. 6, of the Act of 1869, shall be made by the Primary Creditor, his attorney or agent, and should state (in addition to the facts required by that section) the nature of the debt sought to be garnished, and the amount thereof, if known to the applicant; and the application to the Judge may be ex parte. 62. The warning (Form 42), shall be endorsed on or subjoined to the attaching order issued under sec. 6, sub-sec. 1, and on the summons referred to in sec. 6, sub-sec. 4, and sec. 7, sub-sec. 1. 68. The service of the summons on the Garnishee see sub-sec. shall in all cases be made at least ten days before the ?' P*pv ^f* , 1 »ii • t -n ' Tvi i*ote (c), and return thereof, and the service on the Primary Debtor sees. 70, re, or Debtors, ten, fifteen, or twenty days (according a'"i77,p.40. to the places of residence of the parties to be served), before the return thereof. If the amount of the Primary Creditor's claim exceed eight dollars, the service must be personal, unless the Judge order otherwise; if such claim does not exceed eight dol- Sce sec. 0, page 281, & notes (o)(p), so., and for Forms setting forth nature of debt, see Form 11 and page 146, note (&), See page 281 and notes, page 2S5and notes. Sco soc. 6, 8Ub-80C. 6, p. 284, notes (pb), (c) and 287, note p. 2 (i). See 8ub-8cc. fl, page 284, note (c). Bee sub-sec. 6, page 284, and sub-sec. 8, page 280. 328 GENERAL RULES 0^ JULY, 18G0. lars, the service may be personal, or on some grown! up person being an inmate of the dwelling or usuill place of abode, trading or dealing of the person | requiring to be served. 54. The Primary Debtor shall in all cases, UDle«| dispensed with by the Judge, be served with every garnishee summons, and if not ^rved, the Judge may, on such terms as to him may seem meet, adjourn the case until such service be effected, and may also order any other person to be made a party to such suit, and to be served with such summoDs. 55. The Judge, in any such garnishee proceeding, may order that the service need not be personal, bat I may be made on any person or persons to be named in the order, or in such other manner as the Judge may direct. 56. If the Garnishee or the Primary Debtor having been served does not appear on the return of such summons, judgment may be given against him by default, and if only some of the parties required to to be served are served, the Judge may give the same judgment against those served as in ordinary case?. 57. Where the summons, under sec. 6, sub-section 4, is to be issued from any Court other than that in which the Primary Creditor has obtained judgment against the Primary Debtor, a transcript of such judg- ment shall be filed with the Clerk of such first men- tioned Court, previous to the issuing of the summons against the Garnishee. Bee sub-sees 58. No payment shall be made by a Garnishee to 283,notj^a). a Primary Creditor before judgment given against the Primary Debtor, except an order for that pur- pose be first obtained from the Judge. 59. The application under section 14 must be by summons obtained from the Judge, returnable at any time and place the Judge may appoint, and calling upon the Clarnlshee, Primary Creditor, or such other person or persons as the Judge in his discretion shall think fit. If the money has been paid over, the Primary Creditor or other person may be called upon See pp. 283 and 284, note {b), and sec. 8, p. 287, and Rules 161, 162, 163. See pp. 283, 289, and note (i), p. 287. GBNERAL RULES OF JULY, 1869. 829 by the summons, changing the form to suit, to b^icw cause why he should not pay the money to *aq Primary Debtor or other person applying. T/.o order, if granted, may be in accordance with the I summons, and may be granted if parties summoned make default, or otherwise, as in ordinary Chamber applications in the Superior Courts. 60. The bond to be given under section 15, shall spop,aRc289 be executed by the Primary Creditor, or his agent, JJ[[;j p"!"^^^'^^ with one sufficient surety in double the amount of 47 a. the debt ordered to be paid by the Garnishee, and shall be an ordinary bond to the Clerk, by his name of office, conditioned for the re-payment of the money in case re-payment be ordered, and such bond shall be approved of by the Clerk. (Form 47.) 61. In addition to any costs that may be awarded seepage 288. against a Garnishee under the 11th section, if the Primary Creditor is obliged to issue execution against him, the costs of such execution and the bailiff's fees thereon may be also levied of the Garnishee. 62. The forms subjoined to these Eules for gar- sco Forms c, nishee proceedings shall be in lieu of the forms for 4$; ll\ 4^,] \i\ like proceedings in the schedule of the Act of 1869, ^voo, so,s7, and the entry in the debt attachment book shall ' commence when the attaching order or garnishee summons, as the case may be, first issues, and each subsequent proceeding shall be entered therein when taken. 63. In the proceedings against Garnishees under spesec,".^ the Common Law Procedure Act, sections 292 to I05' ^2o»'i'on 296 inclusive, the forms 48, 49, 50, 90, may be rj'y JJJi*'' used ; and the same proceedings may be taken in the she"aud pp. Division Court against the Garnishee as provided in ^^Hi^giyg^ the Act of 1869, and in these Rules and Forms, made under the said Act, as far as applicable. PROCEEDINGS BY AND AGAINST EXECUTORS AND ADMINISTRATORS. 64. A party suing an executor or administrator, g^^ gg,, 57^ may charge in the summons, in the Form 82, that ]>!•• 28, 2), the Defendant has assets, and has wasted them. Funn ai*^" 830 OENERAL RULES OF JULT, IMO. See Forms 61, 83, 84. See Forms 62, 83, 84. Seo forms of 65. In all cases, if the Court shall be of the ''Hi";l'2,"aiHu oion that the Defendant has wasted the assets, tk ^• shall be, to levy the amount of the demand, if so much assets is shown to have come to the Defend- ant's hands, or so much as is shown to have come to them, and costs de bonis testaforis si, dec, et si non, as to the costs, de bonis propriis; and as to the residue of the demand, if any, judgment of assets, quando acciderint. 72. Where judgment has been given against an executor or administrator, that the amount be levied upon assets of the deceased, quando acciderint, the Plaintiff, or his personal representative, may issue a summons (Form 34) ; and if it shall appear, that aasets have come to the hands of the executor or administrator since the judgment, the Court may order that the debt, damages, and costs be levied de Sec Former. bonis testatoris si, ike, et si non, as to the costs, de bonis propriis : provided, that it shall be competent for the party applying, to charge in the summons, that the executor or administrator has wasted the assets of the testator or intestate, in the same man- ner as in Rule 64 ; and the provisions of Rule G5 shall apply to such enquiry: and the Court may, if it appears that the party charged has wasted the aasets, direct a levy to be made, as to the debt and costs, de bonis testatoris, ), and Forms 4, J, 6. See sec. 74, p. 39, and Forms 15 to 19. GEN_.x.AL RULES OF JULY, ISCS). 333 2t)l,auduoto I 79. In any case where the proceeding by Special see sep. 2, Bummons is warranted it shall be adopted by the SotcsS'w ^'lerk unless otherwise ordered by the Plaintiff. 80. The Clerk shall annex to every summons (whether original, alias, pluries, or renewed) the Icopy of claim, entered with him according to the 3rd Sfe also iRule; and to each copy of summons to be served, H^audV^i Iflhall be likewise annexed a copy of such claim j and p- ^'^• jibe Clerk shall, without delay, issue the same for {service. 81. In case process is required to be served in a I" Foreign Division" and the Plaintiff does not elect, and the Judge or Clerk does not make any order as to how it sttall be served, it may be trans- See see. 73, Imitted by mail, by the Clerk issuing the same, (on ^^^l ?JX1^ (receiving the necessary postage and fees) to the 7o, p. 41, Clerk of the division where the same is required to Bee.°i8,'^pa?;e be served ; and such last mentioned Clerk shall forth- with deliver such summons, or other process, to the Bailiff of his division, to be executed; and such KHailiff shall serve the same, and forthwith make I return thereof to the Clerk of his Court, in the man- ■ ner required by the 90th Rule, ana such last men- i tioned Clerk, on return made, shall forthwith trans- mit the papers, by mail, with the necessary affidavits of service, if effected, or if service is not effected, with the proper return to the first mentioned Clerk. 82. Every ordinary summons must be served ten, fifteen or twenty days (according to the residence of the Defendant) before the holding of the Court at which it is returnable, (neither the day of service nor'the day of holding the Court to be counted), and where any such summons has not been served, another summons, or successive summonses, may be issued. 83. The returns required to be made by Clerks see. 41, p. le, under the 41st Section of the Act, shall be according ^"'"^ "'^• to the Form 115, and shall be made immediately after the 80th diy of June and the 31st day of De- cember, in each year, without any special order from the Judge. Se,',s. 75, 7fi, 77, pp. 40 et s i 334 GENERAL RULES OP JULY, 1860. Sec. 43, p. IV, 84. The list of unclaimed moneys, required by the Form 116. 43^^ section of the Act, shall be made under oath ' according to the Form, and shall, in the month of January in each year, be transmitted by the Clerk, together with the moneys (if any) therein mentioned to the County Crown Attorney, and if no money remains unclaimed, the fact shall be stated in the affidavit. Sec. 160, pp. 85. The summons, under the 160th section of the notes(A^)%), Act, may be served by delivering to the Defendant Form 28, and a (jopy thereof, and shall be served ten days at least before the day on which the party is required to ap. pear; but the service of such summons at any time before the day appointed for the Appearance of such party may be deemed by the Judge to he a good service, if it shall be proved to his satisfaction that such party was about to remove out of the jurisdic- tion of the Court. New. 86. All the papers in the cause received or filed See sec. 23, ^7 ^^6 Clerk shall be kept by him together in the p. 293. original summons, and be produced by the Clerk at the hearing of the cause, or when required, on appli- cation to the Judge. The original summons, in all cases, shall be printed on a half-sheet of foolscap, in order that the papers may be su kept therein. a Q>r Qo 87. The notice of payment into Court under sec- p.45,note(o), tions 8H and 91 of the Act to be given by the Clerk, p..i26,note^ shall be according to Form 102, sections 9 and 10. [The gection here numbered 88 should be 87.— 5?e p. 200, Fonn 08 (c).] 88. In case the Defendant shall have given the Clerk notice that he disputes the Plaintiff's claim, or any other notice of which the Plaintiff should be informed before the trial, or if the Defendant has given a confession, or failed to give notice of defence when required, the Clerk shall immediately send the Plaintiff notice thereof; (Form 102, as the case may require.) 89. In every case in which the Clerk is required to tax costs, he shall make out a bill in detail, and the same shall bo endorsed upon or annexed to the (x); sees 90, 91, p. 46, Form 102. Rules 20, 21, 29 and 30, Sees. 87, 88 and 91, pp. 46, 46. Form 102. Sec. 36, p. 14, note (m). Rule 147, Form 114. GENERAL RULES OF JULY. 1860. goK ori(^inal summoDS, and may be in the form shewn, [)!ll4. 90. Every Bailiff receiving summons for service Sec. ro, from a Clerk, shall, within six days after service has notta (c), (d), been effected, make a return to such Clerk, shewing and sees', is', .__ mode of service, and for every such return and no'teoT' [attending at the Clerk's office to make the necessary ■affidavit of service, the Bailiff will be entitled to a Ifee of ten cents, to be allowed as costs in the cause ; |bat he shall not be entitled to such fee unless the [return be duly made within the six days mentioned. lAnd where a summons has not been served, che Ithe Bailiff shall, immediately after the time for service (has expired, return the same to the Clerk, stating the reason for non-service, iu writing, on the back of [the summons. 91. The Bailiff shall attend every sitting of the Sees. i82, j Court at the place appointed for holding the same, and lu^p. at such time as shall be required by the Judge, and g\ "o^a**^ ("^• see that all suitable preparations are made for the p.m.' proper accommodation of the Court. He shall make all necessary proclamations, preserve order, call the parties and witnesses, and perform such other duties as may be imposed by the Judge. And for calling ! the parties and their witnesses he shall be entitled to receive, in every defended case, the sum of five cents to be taxed as costs in the cause. 92. The Bailiff shall keep a book (see Form 126), See. ro, to be called " The Bailiff's Process Book," and he Sote {c)', and shall enter therein every warrant, process, order or ?^^- 23, p. Execution which he has been required to serve or ' execute, and shall enter, from time to time therein, vhat he shall have done under or with each said warrant, process, order or execution, and if the same be not executed or served according to the exigency thereof, why it was not so executed or served ; and the Bailiff shall, at all reasonable times, give to a suitor or his agent every information he may require as to the execution or service, or non- execution or non-service of any warrant, proces.s, order or execution which has been issued at his 336 Note (n), page 121. GENERAL RULES OF JULY, 18C9. instance J an^ the book so required to be kept shalll at all times bo open to the inspection of the Jud^e or Clerk. 93. At every Court, and nt such other times as the | Judge shall require, the Bailiff shall deliver to the Clerk of the Court a statement or return on oath (Form 126,) of what shall have been done, since his I last return, under every warrant, precept, and writ of execution, which he shall have been required to I execute. 94. The returns mentioned in the 93rd Rule Fonu 126. |jg gigj jjy ^YiQ Clerk in his oflfice, and be open, with. | out fee, to the inspection of any person interested; and the Clerk shall examine such returns, and if | found correct and complete, within ten days after the receipt thereof, endorse thereon a memorandum in the following words: " I have carefully examined " the within return, the same is full, true, and cor- *' rect, in every particular, to the best of my know- " ledge and belief. Dated the day of "18 . , Clerk." And if such returns be fouDd I by the Clerk to be incorrect or incomplete, he shall forthwith notify the same, with the particulars there- ' of, to the Judge, and if no return be made, he shall notify the Judge thereof accordingly. 95. In case the Clerk shall receive money for any lo^and Beoa. P'^'^ty, by virtue of his oflSce, he shall, without charge 185 niid im, therefor, forthwith notify the party entitled thereto, noteip^'seo. OT the Clerk from whom he received the transcript, ^n'l n w'l) ^^^^ *^® ^^^^ ^^ received, and subject to his order, p.^'os. *^ ^ ' and if he shall fail so to notify the party and pay over the money upon demand, he shall be subjected to the loss of his ofEce. p*'6«°*8ecs^' ^^' ^"^^y Bailiff receiving any money by virtue 148, 149, p.* of his office, shall, within six days after the receipt sec.Tss.^pp. thereof, pay over or trjiijsmit the same to the proper 92, 93, note Clerk, and neglecting or failing to do so, shall be ^, pagem subjected to the loss of his oflSce. Secern, p. 97. The Clerks and Bailiffs of the Court shall not 23, p?293!°' upon any pretence whatever, withhold any moneys GENERAL KULES OF JULY, 18C9. go^' received for suitors, on the ground that the Clerk or Bailiff may be indebted to the officer holding such money, either for fees or costs or otherwise j but all such moneys, when received or collected, shall at once be duly paid over to the order of the party entitled to the same without reference to such accounts. 98. In case the proceedings in any suit shall be Se«. 63, hindered or delayed by the neglect or misconduct of Sote(l);sec. the Clerk or Bailiff of a Foreign ^^urt or of the JJ^* p- H'3 * Home Court, the Clerk or Bailiff causing the same page"293. shall forfeit all fees in such suit, and shall, in ad- dition theieto, pay any loss or damage that may result from such hindrance or delay to the party suffering therefrom. 99. No Clerk or Bailiff shall, directly or indirectly. See. isr, purchase or be concerned in the purchase, or have fh); sec°°i85, any personal interest in a suit or judgment or claim ^0^^^',^)^! in suit, in the Court of which he shall be an officer, sec. 23, ' and any Clerk or Bailiff transgressing this rule shall p* ^^' be subjected to the loss of his office. 100. No Clerk or Bailiff shall, either by himself sec. 23, p. or his partner in business, be engaged as agent for ^^^" any party, during the conduct of the cause in Court, and any Clerk or Bailiff transgressing this rule shall be subjected to the loss of his office. * WARRANTS OF COMMITMENT. 101. Warrants of Commitment shall bear date on ^^'^^- i^'^g'* the day on which the order for commitment is entered si, et seq., ' in the Procedure Book, and shall have endorsed porml^gs, thereon the amount of debt and costs on such pro- 94 and 96. ceedings, or of fine and costs up to the time of its delivery to the Bailiff for execution, and shall con- tinue in force for three calendar months from such date and no longer, unless renewed by an ex parte order of tLo Judge, upon affidavit, showing the cause of the non-execution, and that the moneys payable thereunder have not been satisfied. 102. The renewal of a warrant may be made by Sees. i65, tt the Clerk marking on the margin, or endorsing ^^I'eueq ^^' 6 if 1 338 GENERAL RULES Of JULY, 1800. note («), thereon the following words : *' Renewed by Judge's Forms 93, M qjJqj f^j tj^jge months from the day of "''''• A.D.18 . X Y , Clerk." 103. The Bailiff or other oflBcer executing any "Warrant of Commitment, shall, at the time of deli- vering the party arrested, with the Warrant, to the Jailer, indorse on the Warrant the number of miles, shewing the amount of mileage, and also state writing; the actual day of the arrest. Forms 93 aLd94. ID AMENDMENTS. Sec. 2, page 276, notes (b), (c), (cc), Foi-ms 22 and 23.1 Bee. 69, p. 84. i5 -!<'■'■ ,1 Bee. 69, p. 84. Bee. 69, p. 84. 104. In case a special summons is issued when an ordinary summons should be issued, or vice versa, the same may be altered or amended by order of the Judge, either before or at the hearing, on such terms as the Judge may direct. 105. The Plaintiff shall be allowed to amend his proceedings by striking out a Defendant's name at any time upon payment of such costs as the Judge shall order, or the Judge in his discretion may allow the plaintiff to make such amendment, and order a judgment to be entered as in case of non-suit against the Plaintiff in favor of the Defendant whose name has been struck out. 106. In case an action shall be brought in the name of an assignee or person beneficially interested upon a chose in action which is not legally assign- able, the Judge may at any time order the proceed- ings to be amended, by substituting the name of the person legally entitled to sue for that of the Plaintiff, upon such terms as to indemnity for costs or otherwise as to him may seem meet. 107. Where a party sues, or is sued in his own right, and it appears at the hearing, that he should have sued, or been sued, in a representative charr.j- ter, the Judge may, at the instance of either party, and on such terms as he shall think fit, amend the proceedings accordingly; and the case shall then proceed in all respects as to set-off and other matters, i^ 11800. GENERAL RULES OF JULY, 1800. 339 \wed by Judge's day of Clerk." executing any [he time of deli- Warrant, to the kmber of miles, also state, in issued when an , or vice versa, by order of the on such terms ed to amend his idant's name at 3ts as the Judge etion may allow ent, and order a non-suit against mt whose name brought in the cially interested t legally assign- 3r the proceed- ; the name of 'or ^ that of the mnity for costs t. ed in his own hat he should itative charaj- either party, 5t, amend the se shall then other matters, as if the proper description of the party had been given in the summons. 108. Where the name, or description of a Plain- tiff in the summonfl, is insufficient or incorrect, it may at the hearing be amended, at the instance of Sec. eo, p. either party, by order of the Judge, on such terms ^^• as he shall think fit ; and the cause may then pro- ceed, as to the set-off and other matters, as if the name and description had been originally such as it appears, after the amendment has been made. 109. In actions bjr or against a husband, if the wife is improperly joined or omitted, as a party, the g^j. ^^ summons may, at the hearing, be amended at the S4. ' instance of either party, by order of the Judge, on such terms as he shall think fit ; and the cause may proceed as to set'off and other matters, as if the proper person had been made party to the suit. 110. Where it appears at the hearing that a greater number of persons have been made Plaintiffs, than by law required, the name of the person improperly gee. eo p,. joined may, at the instance of either party, be struck ^^• out by order of the Judge, on such terms as he shall think fit; and the cause may proceed as to set-off, and other matters, as if the proper parties only had been made plaintiffs. 111. Where it appears at the bearing, that a less number of persons have been made plaintiffs than ggc. eo p. by law required, the name of the omitted person !J4. may, at the instance of either party, be added by order of the Judge, on such terms as he shall think fit, and thereupon the case may proceed as to set-off and other matters as if the proper persons had been originally made parties ; and if such person, either at the hearing or some adjournment thereof, person- ally or by writing, signed by him or his agent, con- sent to become a Plaintiff in manner aforesaid, the Judge may then pronounce judgment as if such person had originally been made a Plaintiff; but if such person shall not consent to become a Plaintiff in manner aforesaid, either at the hearing or at the .^ ),-.)t 840 Bee. 69, p. 84» Rec. 89, p. 84. Sec. 69, p. 34. Bee. 69, p. 34. GENERAL RULES OF JULY, 1809. adjournment ibeveof, judgment of nonsuit may be enieied. 112. When it appoars at tbe hearing, that more persons have been made Defendants, than by law required, the name of the party improperly joined may, at the instance of either party, be struck out by order of the Judge, on such terms as he shall think fit ; and the cause shall proceed, as to set-off and other matters, as if the party or parties liable had been sued, and judgment may be given for tbe party improperly joined. 113. Where several persons are made Defendants, and all of them have not been served, the name or names of the Defendant or Defendants, who have not been served, may, at the instance of either party, be struck out by order of the Judge, on such terms as he shall think 0t; and the cause shall then proceed against the party served as to set-off and other mat- ters, as if all the Defendants had been served. 114. Where the name or description of a Defen- dant in a summons is insufficient or incorrect, and the Defendant appears and objects to the description, it may be amended at the instance of either party, by order of the Judge, on such terms as he shall think fit; and the cause may proceed, as to set-off and other matters, as if the name or description had been originally such as it appears, after the amendment has been made ; but if no such objection is taken, the cause may proceed, and in the judgment and all subsequent proceedings founded thereon, the Defen- dant shall be described in the same manner. 115. Where a person, other than the Defendant, appears at the hearing, and admits that he is the person whom the Plaintiff intended to charge, his name may be substituted for that of the Defendant, if the Plaintiff consents, and thereupon the cause shall proceed, as if such person had been originally named in the summons ; and, if necessary, the hear- ing may be adjourned on such terms as the Judge shall think fit; and the costs of the person originally 9, p. 34. GENERAL RULESIOF JULY, 1869. 3^^^ oamed as Defendant, shall be in the discretion of the Judge. 116. Where a party sues, or is sued in a repre- entative character, but at the hearing it appears, that he ought to have siied or been sued in his own See. right, the Judge may, at the instance of either party and on such terms as he shall think fit, amend the proceedings accordingly, and the case shall then pro- ceed in all respects, as to set-off and other mattersi as if the proper descriptionj^of the^'party had been given in the summons. 117* Where, at the hearing, a variance appears between the evidence and the matters stated in any of the proceedings in a Division Court, such proceed- ings may, at the discretion of the Judge, and on such terms as he shall think fit, be amended. 118. The Judge may at all times amend all defects and errors in any proceeding, whether the See sec. 09, defect or error be that of the parly applying or not, ^^^'g ""q and all such amendments may be made with or with- and us. out costs, and on such terms as to the Judge seems fit. , . 119. In cases of amendment, a corresponding amendment shall be made by the Clerk, in the pro- See.69,p.34. ceedings of the Court, antecedent to such amendment; and the subsequent proceedings shall be in conformity therewith. Sec. 69, p. 34. GEl^EEAL EULES. 120. Claims by husbands, in their own right may Sec. 55,pag« be joined with claims, in respect to which the wife ^4, note(c). must be joined as a party. 121. Where the Court gives leave to take any sec. 42, page proceeding, such leave shall be minuted in the Pro- ^^^^ ^^^' cedure Book, but it shall not be necessary to draw up any order. 122. In casesjwhere the hearing is by Jury, the sees. 84, p. Judge has the same power to non-suit, as in ordinary ^'i^^'^f'iw'. cases. m 1 tM nl ^ ffl' ^illi 842 GENERAL RULES OP JULY, It). Sec. 64, page 20, note (w), and page 21, note (x). 123. Under the 72nd section of the Act, the leave to be granted for issuing a summons shall be by the Judge, before whom the action is to be tried frnSe^ffi* ^"^®' *^® °^^®'^ I ^^^ "° leaxo shall be given to bring Rule 16, ' a suit in a Division, other than the one adjacent to Pormss&p. ^jjQ Division, in which the party to be sued resides; but the Division may be in the f^ame, or an adjoia- ing County. 124. The Court has no jurisdiction to try an action upon a note of hand, whether brought by the payee, or any other person, the consideration, or any part of the consideration of which, was any gambling debt, or for spirituous or malt liquors, or other like liquors, drunk in a tavern or ale-house. PARTIES TO LEAVE ADDRESS WITH CLERK. 125.' Whenever the Plaintiff, his attorney or agent, shall enter his claim for suit, or the Defendant shall Be^e^sec. 77, givc noticc of set-off or other defence, he shall give p*46'^and^' ^ *^® Clerk his address, or that of his attorney or uec. 93, p. 47; agent, and the delivery of any notice to such Plain- and'102!''^ tiff or Defendant, his attorney or agent, or the mail- ing thereof by the Clerk to such address, shall be a sufficient service, subject, however, to the right of the Judge to put off a trial, or to set aside, or stay proceedings, on his being satisfied that the letter had either not reached the party, or that there has not been sufficient time after service of the process for either party to be prepared for trial, or to get the notices served. Sec. 68, pai 29, note (J), Form 7. INFANTS. 126. Where an infant applies to enter a suit for any cause of action (other than for wages), he shall procure the -attendance of a next friend at the office of the Clerk, at the time of entering the same, who shall undertake to be responsible for costs ; and the cause shall proceed in the name of the infant by such next friend but no order of the Court shall be neces- sary for the appointment of such next friend. If the Plaintiff fail in, or withdraw or discontinue his suit, and do not pay the amount of costs awarded against TH CLERK rney or agent, 5fendanfc shall he shall give s attornej or > such PJain- '>y or the mail- ss, shall be a the right of ^side, or stay ;he letter had here has not 3 process for r to get the r a suit for »), he shall at the office same, who 8 ; and the 'nfc by such II be neces- »d. If the le his suit, led against GENERAL RULES OF JULY, 1869. 343 bim, proceedings may be taken for the recovery of such amount from the noxfc friend, as for the recovery of any ordinary debt CONTINUANCE OF ACTION. 127. In order to prevent the operation of any New. statute whereby the time for the commencement of any aciion is or may be limited, it shall be only necessary to issue the first process or summons ; and it shall in no case be necessary to serve or to attempt to serve the same, or to issue an alias or pluries or successive summons, or otherwise to do any act for the continuance of the action other than serving the defendant with the process, and the process when served shall be a continuance of the action on and from the day on which the first summons or process issued. Pi./vided that no process shall issue after twelve months from the issue of the first process without the order of the Judge ; and the Judge shall make no such order after the lapse after eight years from the time when the cause of action accTjed, unless it be made to appear to him that service has not been eflected by reason of the absence of the Defendant out of the Province. STATUTORY DEFENCE. 128. In case the defendant desires to avail himself sees. 93, 94, of the law of set-oflF, or of the statute of limitations J^' J^| \^^^^ or of any defence under any other statute having (o! (vj, (xy, the force of law in this Province, he shall, not less 290,' note (0), than six days before the day appointed for the trial, ^"le 20, give notice thereof in writing to the Plaintiff, or (4tb), 103. leave the same for him at his usual place of abode, if living within the Division, or, if living without Division, shall deliver the same to the Clerk of the Court in which the action is to be tried ; and in case of set-off he sTiall deliver to the Clerk a copy of the ^*°- ^*' particulars of such set-off, to be kept with the papers in the cause, and also a copy for the Plaintiff, if his usual place of abode is not within the Division. And the Clerk shall forthwith give to such Plaintiff a notice of such set-off, by mailing the same to him 'I! i ii 3^ GENERAL RULES OF JULY, 1860. in a letter duly registered, addressed to his usual place of abode or business', nooording to the Form 102, see. 4, together with one of the copies of the particulars of such set-off. PAYMENT INTO COURT. 129. When the Plaintiff shall, in accordance with sec«.w*w, the 88th or 9l8t sections of the Act, signify to the ^^' ' ' Clerk his intentroo to proceed for the remainder of his demand, and such signification shall be given within three days after he received notice of the payment into Court, but after the rising of the Court at which the summons was returnable, the case shall be tried at the then next sittings of the Court, and be put upon the list for that Court in the regular order. Pases 45 and 46. 130. In case of payment of money into Court under the R7th or 90th sections of the Act, the same shall not be paid out to the Plaintiff until the final determination of the suit, unless the Judge shall otherwise order. CONFESSI025 BllFORE ACTION. Sees 117 ^^^' Every confessiwa or acknowledgment of debt, 118, pp. 58, taken before suit commenced, must shew therein, or i2r,'*note^)° by statement thereto attached at the time of the Bec'.2,v.m, taking thereof, the particulars of the claim, for Rules 3 & 4, which it is given, with the same fullness and cer- ws™'^^* tainty as would be required in proceedings by " Special Summons ;" and unless application for judg- ment on such confession shall be made to the Judge, within three calendar months next after the same is taken, or at the sittings of the Court next after the expiration of such period, no execution shall be issued on the judgment to be rendered, without an affidavit by the Plaintiff or his agent, that the sum confessed, or some and what part thereof, remains justly due; and applications for judgment shall be made at a Court holden for the Division, wherein the confession was taken. 1S2| roof, P." rritiDl rottial >ven,j wye/ Itbe nc lor left| Ibefote |9- to Jjis usaal to the Form opies of the lordance with pifj to the femaioder of pll be given [otice of the of the Court 10 case shall Court, and the regular into Court >e Act, the iff until the the Judge r. >nt of debt, therein, or ine of the claim, for s and cer- sdings by iforjudg. ne Judge, >e same is after the shall be thout an the sum remains shall be wherein GENERAL RULES OF JULT. 1869. NOTICE or ADMISSION OP PART. 845 132. With a view to save unnecessary expense in Form 103, proof, the Defendant or Plaintiff shall be at liberty •eoM.P". give the opposite party a notice (Form 103) in rriting, that he will admit, on the trial of the cause, my iwrt of th« cUdm or set-off, or any facts which iroold otherwise require proof; and after such notice riven, the Plaintiff or Defendant shall not be allowed jiny expense, incurred for the purpose of such proof; |the notice to be served on the Plaintiff or Defendant, lor left at his usual place of abode, at least six days [before the day appointed for the trial or hearing. AFFIDAVITS AND OATHS. 133. Every affidavit, in any proceeding in the Bee. i04, Court, must oe entitled in the Court and cause, (if J; JJi *"* a cause has been commenced) stating the christian iMte(a), ' - ... - Form 7, (o\ ad I rate person, the jurat must contain a certificate of the ^^^' ^^' Clerk or Commissioner administering the oath, that the affidavit was read in his presence to the party making the same, and that such party seemed per- fectly to understand it ; and there shall be no erasure or interlineations in any jurat : but the Judge shall not be bound to reject, as insufficient, any affidavit not complying with the above requisites, or anyot them, but may, in his discretion, receive the same. 134. Oaths and affirmations adminii^lered to wit- I'orm no. nesses in open Court or upon any viva voce exami- nation before the Judge, and to jurors and others, may be in the forms prescribed. STAMPS. 135' The stamps for fees payable on " entering Table of account and issuing summons'^ shall be attached to not^'(^)'l"^* the face of the summons, and the proper stamps for -h. ^ «. y . the ordinary hearing and for judgment or order shall cap. s, be attached to the bacK of the summons, upon which p- ^^^■ the trial is had or the judgment rendered ; and the utamp for every other matter or proceeding, for 6 in ' 346 Sec. 174 et acq, , pp. 84, et sCi GENERAL BULES 0# JULY, 1800. which a fee is payable to the fee fund, shall Ik I attached to some paper in the cause, according to the directions of the Judge. 136. The amount of fees and stamps payable in '.q. Replevin suits and in Interpleader issues shall be Acts, pp" 201 regulated according to the amount in value of the et seq. property or money in dispute ; and the same stamps and fees shall be required and payable on an alim^ pluries or renewed summons as upon an original, and the same with regard to fees on renewals of execu. I tions against goods and warrants of commitment. INSPECTION OF DOCUMENTS. flee Rule 2, 137. When, in any action, the Defendant ia de- I"*.?/?Q?**' sirous of inspecting any deed, bond, or other instru- tion(13)p. .f. • r- •• t. r ' • . . , 816 ; note (0 mcnt or Writing in which he has an interest, and 26,^page?2^5. which shall be in the possession, power, or control of the Plaintiff, he may, within four days from the da; of the serviuo of the summons, give notica to the Plaintiff by pre-paid and registered post letter or otherwise, that he desires to inspect such instrument, at any place to be appointed by the Plaintiff, within the division on which the suit is brought ; and the Plaintiff shall appoint a place accordingly ; but if the Plaintiff ne,^lects or refuses to appoint such place, or to allow the Defendant or his agent to inspect it within three days from the day of receiving such notice, the Judge may, in his discretion, on the day of hearing, adjourn the cause, for the purpose of such inspection, and make such order as to costs, as he shall think fit. DISCONTINUANCE. 138. If the Plaintiff be desirous of not proceeding in the cause, he shall serve a notice thereof, as pro- vided, respecting the service of a notice of set-off and pay the Defendant's taxable costs (if any), and after receipt of such notice, the Defendant shall not be entitled to any further costs than those incurred up to the receipt of such notice, unless the Judge shall otherwise order; but if the Plaintiff fails to give such notice and pay such costs, and does not See Rule 128, Form 103. GENERAL RULES OP JULY, 1869. g^^ proceed to trial, the suit may be treated as still pend- in I'V w< are not present, it shall be m writing, and show briefly Forms ro the grounds on which it is made, which grounds, if °'^'^ ^^^' matters of fact requiring proof, shall be supported by affidavit. (a). A copy of the application and of every such affidavit shall be served by the party making the IM: * ij-: g^g (3EiTERAL AULES OF JULY, l86i). Bame on the opposite party or bis agent, or left at his usual place of abode or business, if within the | Division ; or if without the Division, then with the Clerk, who shall forthwith transmit the same forth- with to the opposite party. (5). The application and affidavits (if any) together with an affidavit of the service thereof, shall be de- livered to the Clerk, within fourteen days after the day of trial, to be by him, on receiving the fees and necessary postage, and stamps, transmitted to the Judge, with a copy of the original claim, and other papers requisite to the proper understanding of the case, which delivery to the Clerk shall operate as a stay of proceedings, until the Judge's final decision on the application is communicated to the Clerk. (c). The Judge after receiving such papers shall delay for six days deciding upon the application, to enable the opposite party to answer the same in writing or by affidavit, if facts stated by the applicant in his affidavit are disputed ; and the decision of the Judge (P'orm 76) shall be transmitted to the Clsik by mail, who shall, if a new trial be ordered, notify the parties thereof by mail or otherwise, and the svit shall be tried at the next sittings of the Court, unless the Judge shall otherwise order. (See Form 101). (d). If the application be refused, or if the party applying shall fail to comply with the terms imposed by the Judge, the proceedings in the suit shall be continued, as if no such application had been made. The Judge, instead of deciding the same, may hear the parties on the matter of such application, at the next sittings of the Court, or at such other time and place as he may appoint, which decision shall be sent to the Clerk, and be by him communicated to the parties in like manner. (e). The Judge may in his discretion make it a condition of granting a nev^ tricl, that it shall take place before a jury, whether the first trial took place before a jury or not ; but if either party required a jury to try the case in the first instance, he shall be entitled to another jury on depositing the necessary .agent, or left at h//^"hinthe J>n, then with the Y '^e same forth. eof, shall be de. P days after the ring the fees and ansmitted to the Jlaim, and other [rstanding of the »all operate as a 5 8 final decision to the Clerk. ich papers shall e application, to -r the same in by the applicant 3 decision of the ted to the Cleii ordered, notify ;ise, and the suit he Court, unless see Form 101). or if the partj > terms imposed e suit shall be ad been mada ame, may hear ication, at the other time and n shall be sent lioated to the ion make it a .it shall take ial took place 7 required a > he shall be he necessary GEilERAL RtJLES OP JULY, 1860. OAA fees for summoning such jury ; and in such case the order for the new trial shall direct the summoning of a jury. (See Form 101). (J). Where, under the 106th section of the Act, judgment in writing is delivered at the Clerk's oflSce, application for a new trial may be made within four- teen days from the day of delivering of such judg- meat. SETTING ASIDE OR STATING PROCEEDINGS. 143. The Judge may, in any case, refuse to set seo Rule lis aside or to hold void, any of the proceedings, on Sec 69, p 34. account of any irregularity or defect therein, which shall not, in his opinion, be such as to interfere with the just trial and adjudication of the case upon the merits ; and may at all times amend all defects and errors in any proceeding, whether the defect or error be that of the party applying or not, and all such amendments may be made with or without costs, and on such terms as to the Judge seem fit. 144. All applications to the Judge to set aside or stay any order, judgment, process or proceeding in See sees. 69, any cause or matter in a Division Court, and all lol/pp!*^ other applications, except in matters which may be ^^» ""te (m^ disposed of upon an ex parte application to the Judge, and applications otherwise specially provided for by these rules, may be made viva voce at any sitting of the Court, if both parties be present, or upon affida- vit, the opposite party having notice of such appli- cation and of the grounds thereof, and the order or decision of the Judge upon such application, if made at a sitting of the Court, shall be entered by the Clerk as in other cases of order made: if made upon affidavit elsewhere it shall be mailed to the Clerk by the party obtaining the same, and the Judge may enlarge the motion for further affidavits or evidence to such time and place as he may choose, or on such terms as he thinks fit. POSTAGE AND REGISTRATION OF LETTERS. 145. All letters enclosing any papers in a cause sec 22, sent from one Division Court officer to another, or to ^- ^^^' ■ '■ f i. ■ ■ ' m M ml v-m I 860 Sec. 22, p. 292, Table of Fees, p. Ill, and Forms 1, 2,3. Sue. 100, p. 6, note (h), Form 3, and see note (6b), pp. lai, 132. Sec 23, p. 293. GENERAL RULES OP JtJLY, I860* a party to a suit, or to the Judge, and all necessary notices sent by the Clerk shall be prepaid and regis. tered j and the. costs of such postage and registra. tion shall be costs in the cause. COSTS OF APPEAL FROM COURT OF REVISION. 146. In appeals to the Judge from the Court of Beyision, the costs shall be taxed according to the schedule of fees as in suit for the recovery of sums exceeding forty and not exceeding sixty dollars ; and the stamps for entering appeal, hearing, and order, shall be affixed by the Clerk to the notice of appeal given to him. WITNESS FEES. 147. The Clerk shall determine (subject to appeal to the Judge) what number of witnesses shall be allowed on taxation of costs ; the allowance fur whose attendance shall be according to the scale, (Form 3), unless otherwise ordered ; but in no case to exceed such scale, except the witness attends under subpoena from the Superior Courts; and, be- fore allowing disbursements to witnesses, the Clerk shall be satisfied that the witnesses attended, and that the claim for fees is just; and if a witness attends two or more trials the fees shall be apportioned between the different causes. UNAUTHORISED FORMS AND PROCEEDINGS. 148. All proceedings, books and documents shall be in forms similar to the forms to these rules appen- ded, where the same are applicable, and no printed forms shall be used by any clerk or bailiff of a Division Court unless first approved by the Judge in writing, as being in accordance with the forms append- ed to these rules, and if an authorized form shall be used no fee shall be payable to the officer in respect thereto, and in cases where no forms are provided, parties shall frame the proceedings or documents using as guides those appended to these rules. JUDGMENTS. 149. Every judgment, order, and decree of the Court, shall be entered by the Clerk in the Procedure GENERAL RULES OP JULY, 1869. Book, according to the Forms 45 to 75 inclusive or to the like efifect ; and when any order is made for the payment of any debt, damages, costs, or other sum of money, the same shall be payable at the office of the Clerk, at the expiration of fifteen days from the rendering of judgment, unless the Judge otherwise order, but where judgment is signed by the Clerk under section 2 of the Act of 1869, exe- cution may issue forthwith. 150. After an award is made and filed (with an affidavit of the due execution thereof) under sec- tions 109, 110 and 111 of the Act, the duty of the Clerk is, forthwith to enter the judgment on such award, and issue execution thereon, at the request of the party entitled to such execution, without any order from the Judge. 151. Where a PlaintiflF avails himself of the pro- visions of section 81 of the Act, and proceeds against only one or more of several persons jointly liable, the Defendant sued may avail himself of any set-off or other defence to which he would be entitled, if all the persons liable were made Defendants. 152. When judgment is given for the Defendant on a set-off he will be entitled to issue execution and to take proceedings as in ordinary cases for the re- covery of the balance of his set-off which exceeds the Plaintiff's claim, if such balance does not exceed $100, or the Defendant is willing to abandon the ex cess over 351 Forms 45 to 75, sec. 2, p. 270, sec. 107, p. 53, eeo. 108, p. 54, and nottiS Sees. 109, 110, 111, pp. 55 et seq. and notes (u), 0>). (q), Forms 36, 56 and 109. Sec. 81, p. 42, note (/)• ABATEMENT. 153. Where one or more of several Plaintiffs or sec.69,p34. Defendants shall die before judgment, the suit shall not abate, if the cause of action survive to, or against the surviving parties. 154. When one or more of several Plaintiffs or Defendants shall die after judgment, proceedings thereon may be taken by the survivors or survivor, or against the survivors or survivor, without leave of the Court. [These rules say nothing of the case of the death of a sole plaintiff or defendant, which is nowhere provided for, unless it is governed by the practice of the Superior Court under sec. 69, p. 34, though it is doubted by some wliether that section applies except in mere inatturs of i^ractiue. ] I ',';V N Sec. 17, p. ■ 290, note (o). 1 Forms 67 & !| 68. ^i i i 852 QBKBIUL RULES OF JULT, IS09. Sec. 1, p. 275, note (a.) nnd Goa. Stat. U. C, ca so: Same. Sec. l,p.275, note ((c) aud Con. Siat. U. C, cap. 22, sec. 802. KEVIVINO JUDGMENTS, &o. l5o. During the lives of the parties to a judgment, or of any of tbem, execution or other process may be p!'22i B«c issued at any time within six years from the recovery ^' ' of the judgment, without a revival thereof. 156. No execution or other process shall, without * r -e of the Judge, issue on a judgment more than ;•. y^'^rs old, unless some payment has been made ^-ji'scn within twelve months previously; but no notice to the Defendant, previously to applying for bac^ leas < ""hall be necessary, and such lejive shall be e:i.pres:«ed otx Ihe execution or warrant, or summons in the wordS; " Issued hij leave of the Judge." 157. In case it becomes necessary to revive a judq- ment, by reason of a change by death, or otherwise, of the parties entitled or liable to execution; the party alleging himself to be entitled to execution may sue out a summons (Forms 80, 83) for the revival of the judgment, and issue aa execution thereupon. In case it shall appear, upon such appli- cation, that the party making the same is entitled to execution, the Judge shall order execution to issue accordingly, and shall also order whether or not the costs of such application shall be paid to the party making the same ; and in case it shall not so appear, the Judge shall discharge or dismiss the summons with or without costs. 158. The renewal of all writs of execution may be made from time to time, before the expiration thereof, Sec. 24, p. by the Clerk of the Court issuing the same, by mark- 293, note (r). j^^g ^^ ^^^q margin of the writ a memorandum to the following effect : — " Renewed for 30 days from the date hereof." Dated day of 18 . X.Y., Clerk. SUITCro MONEYS: HOW PAYABLE. 159. It is the duty of parties entitled to moneys collected by officers of the Court to direct how the same are to be transmitted (o them. The Clerk shall not be bound to transmit by post any such moneys, nor to procure and transmit post office orders there? Bee. 141, p. 6* all other fe« fooeedings. »es shall extend JAIgomaandto ?»al Courts eii.1 '»°> and to till Board shall be oodajiQ JunJ SUPPLEMENTARY RULE. ''^T GOWAN. ES. 3flES. NIEU. ff. SUPPLEMENTARY RULE RESPECTING THE FEE FUND ACCOUNTS AND THE CANCELLATION OP STAMPS BY CLERKS OP DIVISION COURTS, "We, the undersigned, "The Board of County udgea," acting under and in pursuance of the wars vested in us by law, as recited and set forth the general Rules for regulating the practice of e Division Courts in Ontario, dated the first day f July, 1869, have framed the following supplemen- iiry general Rule and Order, to be in force until therwise ordered, and we do hereby certify the same io the Honorable the Chief Justice of Upper Canada ccordingly : — 167. The system of paying Court fees by the use f stamps having superseded the necessity for Clerks f Division Courts keeping an account of such fees n a book as prescribed by the 36th section of the ct, but not the necessity of submitting the pro- ceedings on which Court fees are due to the Judge, or of his examining the proceedings of the Court, and comparing them with the stamps used and can- celled; in order, therefore, to facilitate the examina- tion by the Judge to ascertain that proper stamps have been affixed for all fees payable to the Fee Fund in respect to proceedings in the said Courts, and in order to detect errors and omissions, and to prevent frauds, it is hereby ordered : — (a). That the " Judge's list " at every sittings of the Court shall include therein all the causes (in the order in which the suits are entered) that have been commenced by ordinary or special summons, or other- wise, since the last sittings of the Court, and also all adjourned cases remaining undisposed of, and shall distinguish in such list the causes in which a Defen- dant, or one or more Defendants, have not been served ; those withdrawn, paid, settled, confessed ; those in which judgments have been entered by the Sec. 2, p. 2, note (c); sec. 70, p. 34, note (p); Sec. 22. p. 292. Sec. 86. pp. 14, 15. Sec. 130, p. 62 ; sec. 23, p. 293. ^v^a 366 Soc.23,page i293, and sec^ 86, p. 16 ; 57 A 28 Vic. cap. 6, page 225. Sees. 16, IT, p 226, and sec. 20, p. 227. Sec. 23, p. 293, & sees. 20 and 30, p. 228. Rule 2. SUPPLEMENTARY RULE. 8EPTEMDER 23, ISW. Clerk, and those which remaia to be disposed of b the Judge. (6). The Clerk shall, at every sittings of the Con produce to the Judge all the process and papers 1 every cause necessary to be entered on the " Judg list/' so as to enable the Judge, upon inspection, ascertain that the Court fees have been all duly i by proper stamps, and that such stamps have legally cancelled ; and otherwise to enable the Jud to carry out and effectuate the spirit and intentioj of the said 36th Section of the Act, and of the respecting stamps on law proceedings (27 & 28 Yit cap. 5) in connection therewith. (c). As soon as the trial or hearing in each i is concluded, the Clerk shall affix to the back of tin summons the proper stamps for hearing and ordfl and shall then, or at the close of the Court, mhw such stamps, duly cancelled, to the Judge for ^ inspection. {d). Any Clerk wilfully neglecting any of tlJ provisions of the Act respectiDg the collection of thJ Court fees by stamps, or his duty under this BolJ shall be subjected to the loss of his office. (e). In construing this Bulo, the second general] Bule shall apply as if incorporated herewith. Dated 23rd September, 1869. Jas. Robt. Go wan, Co. J., Simcoe, S. J. Jones, Co. J., Brant. D. J. Hughes, Co. J., Elgin. James Daniell, Co. J., Prescott $ c. 20 10 10 60 10 20 50 50 10 369 C- 164. 80 10 10 16 Sec. 22, page 2U2, Rulo 10 20 16 60 10 ^l 360 GENERAL FORMS OP JULY, 18C9. Rule 147, Bee. 100, p. 60 note (ft), Sees. 98, 99, page 49. (3.) Allowance to "Witnesses. Attendance per day in Court 75 eta. Travelling e;cpen8es, per mile, one way 10 cts. N.B, — If a witness travels by railway or other publijt conveyance he may only be allowed (besides the p«{| diem allowance) instead of mileage the ordinary faql and anything he is obliged to ^ay besides,' owing tJ delays caused by casualties, but in no case to exceejl what the mileage would be if that mode of calculatioi| were adopted.* FEES TO JURORS AND APPRAISERS ALLC" J BY THE ACT. To Jurors. Tariff p. 114. Each juror sworn in any cause, out of the monejl deposited with the Clerk fur jurors' fees, 10 ots. ' To Appraisers. Fees of Appraisers or Goons, &c., seized under Warrant of Attachment. Tariff p. 116. To each appraiser, 50 cts. per day during the time! actually employed in appraising goods, to be paid inl the first instance by Plaintiff, and allowed in the C08ti| of the cause. Bees. 36, p. 14, & 42, p. 16, note (g), Rules 77, 148 and 163. (4.) Procedure Book. Division Court in the County of A , Ensuing Sittings, 26th October, 1869. No. 400. A..D. 1869. James Bird, of vs. the Township of X- -Cleri. TaoMif 7i3H, of the Villagi of . UENERAIi FORMS OF JULY, 1869, 361 way or other publj sd (besides the pwl e the ordinary far,! r besides,! owing J no case to exceejl node of cialculatioj SERS ALLC" ,' &C., SEIZED UNDER UENT. ly during the time! tods, to be paid iol illowed in the co8til 1869. let Oct. 2nd " 8th " 16th " 17th " « « 18th " 20th " 26th Received, particulars in detail, of claim for $12, Plaintiff paid $1 towards costs. Issued Special Summons to Bailiff, costs | , be- sides mileage. Summons returned, served 6th Oct., 6 miles travel. Wrote Plaintiff that no defence put in. Plaintiff v/rites requesting judgment to be signed and execution issued. Judgmppt signed by Clerk, " The Defendant hi».:i_j5' been served with special summons and particulars of claim and not disputing same, it is adjudged that the Plaintiff recover $12 for debt, and $ costs." Issued execution to Bailiff. Bailiff returned execution, "fed" and paid amount % to Clerk same day, wrote Plaintiff informing him thereof. Paid Plaintiff $12 debt, and |1 deposit, in full. No. 401. A..D. 1869. John White, of vs. Thomas Gkeen, of the Village the Township of . of B 3rd Oct. 4th " nth " 14th " 28th " 28th " 81st " Received particulars of claim (for tort) for $25 ; Plaintiff paid $4 on costs, and directed two subpoenas, and gave notice of Jury. Issued ordinary summons and sent by post (pro- paid and registered) to Clerk of Division Court of D for service. Summons returned, served 8th Oct, foreign fees, $ Issued Jury summons and subpoenas to Bailiff. Jury summonses returned, served 10 miles, sub- poenas also served six miles travel.. Cause tried, " Judgment for Plaintiff on verdict by Jury for $16 and $ costs, to be paid in 16 days." $4.00 allowed Plaintiff for witnesses. Defendant paid Clerk $16 damages, and $ costs in full ; same day notified plaintiff of Payment, by post. Paid Plaintiff $16 damages, $4 deposit and $4 witness fees in full. Ti "^Pf 1 fWm |;< SbM ¥^M ^wM e il f >1 3(>2 GENERAL FORMS OF JULY, 1869. No. 402. A. D. 1869. James Jones, of the Township of • Thomas Clark, of the Town of ■ , Primary Creditor, , Primary Debtor, and GsoBGE Good, of the same place, Garnishee. Received of Primary Creditor particulars of claim (not in detail) on contract, for $50, and memo. of debt owing by Garnishee of $ ; deposit o{ |4.60, paid. Issaed garnishee summons against Prim. Debtor, and Garnishee to Bailiff. Summons returned served on Prim. Debtor ^th Oct., and on Garnishee on 8th Oct. 12 miles travel; Prim. Debtor filed set-off (2 copies). Mailed to Prim. Creditor (prepaid and registered) copies of set-off and notice. Issued Subpoenas for 4 witnesses for Prim. Credi. tor, and gave to Bailiff. Gave to Prim. Debtor 1 subpoena and S copies. Bailiff returned Prim. Creditor's subpoenas served, 8 miles travel. " On hearing all parties it is adjudged that the Prim. Debtor is indebted to the Prim. Creditor in $50, besides $ costs. Also that the Gar- nishee is indebted to the Prim. Debtor in $76, now due, which to the extent of the two first mentioned sums it is adjudged be appUed in sat- isfaction thereof, and that the Garnishee do pay the same in 15 days. Prim. Creditor paid costs $ and stated suit is settled by the parties. 6th Oct. « II 10th Oct. 11th " 12th " 13th " 16th " 26th " 6th Nov. i69. imary Creditor, ary Debtor, and! ticulars of claim $50, and memo. f $ ; deposit of j it Prim. Debtor, 'rim. Debtor Itli \ Oct. 12 miles off (2 copies). I and registered) for Prim. Credi. I and S copies, ubpoenas served, 3judged that the e Prim. Creditor that the Gar- . Debtor in $75, of the two first >e applied in sat- arnishee do pay id stated suit is 364 GENERAL FORMS OF JULY, 1869. (5). CASH RECEIPTS. Suitors' Money paid into the menoing Ist October, 1869. Division Court, for quarter com- ^1 Style of Caaie. No. of Salt. From whom recelTed. When paid ont by Clerk. Signature of person to whom paid. - ^- i •< 1869- Octl... Bal.firomUwtqr. $ c. 10 00 Oct. 16. Doe v«. Roe 136 A.D. 1869 Defendant. Not. 1, 1869. John Sharp, Pltff '8 Atty. 40 00 Oet.80. Den VI. Fen d al. 94 « « BaiUff Oct. 31, «• Jas. Den 20 50 Kor. 19 Junes atf. Joy... 460 « 1868 Plaintiff... Not. 26, « Tbos. James. 2 76 Deo. 21. Dunn VI. Cox ... . 312 « 1869 John Cox. Jan. 6, 1870. John Dunn. 40 25 Receipts up to Slat December, 1869 113 50 To balanea rsmalnlncr In Ctmrt .tUt nnRnmltfir. 1869. hrnnirbt forward 50 26 1870 Jan. 10. Bull T.Brown ... 502 A.D. 1869 Ac. Bailiff 9 36 Ac. Ac. GENERAL FORMS OF JULY, 1869. 865 ire ■ 1 •< I tc lid. ••••• $ c. 10 00 irp, ttj. 40 00 ••••• 20 50 DOS. 2 78 nn. 40 25 ••#•• 113 60 • ■•• 60 26 f ••• • ••• 9 35 BOOK. PAYMENTS. Suitors' Money paid out of the Division Court for See. 86,iMm ee. seipam quarter commencing 1st October, 1809. Rulea.*?^*' 148. When paid out. 8Ut Oct., 1869. IgtNoT., •' 24th Not. « Stjle of Cause. Den V. Fen a oZ Doe V. Roe No. of Suit. 94 A J). 1869 186 " •« James ati. Joy. 460 " 1868 To vhom paid. Plaintiff. Plidntiff 's Attorney Defendant Balance to next qnarter , 3 $ c. 20 60 40 00 2 75 60 26 113 60 6th Jan., 1870. Dunn V. Cox... Ac. 312 A.D.1869 Ac. Plidntiff. Ae. 40 25 H ' . '1 4 366 GENERAL FORMS OP JULY, 1869. Sec. 20, page 292, Rule 62. O O I Em O g ^snivSv p38pnf -pi ^nnoiuy 0') *Bnotanms JO ispio oo|AJ98 JO o'yad •Bnonmrns ooqsjxuuS jojap-ioSo; -xiown«j08;ta ^. 1" .-r GENERAL FORMS OP JULY, 1860. 367 (7.) Undertakinq by next Friend of Infant to be responsible for defendant's costs. In the Division Court in the County of I, the undersigned E. F., being the next friend of Baiein A. B., who is an infant, and who is de rous of entering a suit in this Court against C. D. of &o., hereby under- take to be responsible for the costs of the said C. D. in such cause, and that if tbo said A. B. fail to pay the said C. D. all such costs of such cause as the Court shall direct him to pay to the said CD., I will forthwith pay the same to the Clerk of the Court. Dated this day of , 18 . Witness \ (Signed) E. F. (8.) Affidavit for leave to sub a Party residing in AN Adjoining Division. ^ In the Division Court in the County of ■ I, A. B., of , yeoman {or I, E. F., of Sec. 72, page 88, note (u), , Rules 16, 123 yeoman, agent for A.'B. of, etc.,) make oath and say — J^ioi^'*?;? 1st. That I have a cause of action rf;ainst C. D., of , yeoman, who resides in the Division of the County of , (»/ by agent, *' That the said A. B. has a cause of action against C. D. of , yeoman.") 2nd. That I (or the said A. B.) reside in the Division, in the County of 3rd. That the distance from my residence {or from the said A. B's residence) to tho plaoe where this Court is held is about miles, and to the place where the Court Is held in the Division in the County of is about miles. 4th. That the distance from the said C. D.'s residence to the place where the Court is held in the Division where he resides, is about miles, and to the place where this Court is held about miles. 8ec.l04,p.62. •■'1%% 358 GENERAL FORMS OP JULY, 1869. 5th. That the said Division and this Division adjoin ench other, and that it will be more easy and inexpen- sive for the parties to have this cause tried in thig Division than elsevrhere. Sworn, etc. A. B. {or E. F.) 8e«. 72, page 88, note (u), Buleiil6,123 and 183, sec. 104, p. 62. (9.) Affidavit for leave to sue in a Division, ad- joining ONE in which Debtors reside, where THERE ARE SEVERAL. In the 'Division Court in the County of I, A. B., of , yeoman, make oath and say, [or E. F. of , yeoman, agentfor A. B., of etc.,) make oath and say : — 1st. That I have {or that the said A. B. has) a causA of action respectively against each of the debtors named in the first column of the Schedule, on this affidavit endorsed. 2nd. That the columns in the said Schedule, numbered respectively 1st, 2nd, 3rd, 4tb, 5th, 6th, and 7tb, are truly and correctly filled up, acpording to the best of my knowledge and belief. 3rd. That the Divisions named in the second and third columns of the said Schedule, opposite each deb- tor's name, respectively adjoin each other. 4th. That it will be more easy and inexpensive for the parties to have the said causes, respectively, tried in this Division, than elsewhere. Sworn, &o. A. B. (or E. F.) GENERAL FORMS OF JULY, 1860. 369 H »H > < :< m iH H 1 M S ^ S 1^ 0^ ta ■a H tf ^ f M g H 1:3 Q 00 CO H a p3 CS pj M M (4 iH. F4 h-? P H tt O CQ Xtl !^ U O O CO CI 7 in nil* .Isa" imbe omc ence eld here des. jg^-ca ?-a J" £.23 II §73 a)'« 9 "^ J 't? .a-^j lA ■J d lljll •ffi.sS •pa 9 ► ^ •S.S •s^i .»-si J; «B o S'o-2 •0 SI ^ :S«| 5. •SS. '2 g^o8 o o f oQpS g vi 9 ^5 Is. ^1 ■5 IS III <3, 55 s 870 Bee. 109, pp. 09, 100. note (d). Rules 36 ft 133; Sec. 104, p. 62; note (e), p. 159. iV.B.toVorm 22, p. 159; notes (a) (b), p. 146; and Form 7 (a), p. 160. by me (or the said A. B.) to the said D. C; GENERAL FOBMS OF JULT, 1869. (11.) Affidavit for Attachment. {^made after suit commenced, insert style qf Court and cause.) I, A. B., of the iu the County of {or I, E. F., of etc., agent for the said A. B., of etc.) make oath and say : 1st. That 0. D. of {or late of in the County of is justly and truly indebted to me, {or to the said A. B.) in the num of dollars and cents , on a promissory note for the payment of dollars and cents, made by the said C. D. payable to me {or the the said A. B.) at a day now past ; Or for goods sold and delivered Or for goods bargained and sold Or for crops bargained and sold Or for money lent Or for money paid for the said CD. Or for and in respect of my {or the said A. B.) having relinquished and given up to, and in favor of the said C. D., at his request, the benefit and advantage of work done and materials found and provided and moneys expended by me (or the said A. B.) in and about the farming, sowing, cultivating and improving of certain land and premises ; Or for the use by the said C. D., by my permission {or by the permission of the said A. B.), of messuages and lands of me {or the said A. B.) Or for the use by the said C. D. of pasture land of me (or the said A. B.), and the eatage of the grass and herbage thereon, by the permission of me {or the said A. B.); Or for the wharfage and warehouse room of goods deposited, stowed and kept by me {or the said A. B.) in and upon a wharf, warehouse, and premises of me {or the said A. B.), for the said C. D., at his request ; Or for horse-meat, stabling, care and attendance provided and bestowed by me (or the said A. B.), in feeding and keeping horses for the said C. D., at hiii request ; or for work done and materials provided by nie (or the said A. B.), for the said C. D., at his request; Or for expenses necessarily incurred by me (or the said A. B.) in attending as a witness for the said C. D., at his request, to give evidence upon the trial of nn action at law then depending in the Court, wherein the said C. D. was Plaintiff and one £. F. Defendant ; GENERAL FORMS OF JULT, 1869. Or for money received by the said C. D. for my use (or for the use of the said A. B.) ; Or for money found to be due from the said C. D. to me. {of to the said A. B.) on an account stated between tbem, {or other cause of action, stating the same in ordi- nary and concise language.) 2nd. I further say that I have good reason to believe and do verily believe that*** the said 0. D. hath ab- gconded from that part of the Dominion of Canada which heretofore constituted the Province of Canada, leaving personal property liable to seizure under execu- tion for debt in the County of in this Province.* ( Or instead of matter betvseen the asterisks, the said C. D. hath attempted to reriiove his persotal property liable to seizure under execution for debt o<.: >f this Province ; or the said C. D. bath attempted to remove his personal property liable to seizure under execution for debt from the County of to the County of in this Province ; or the said C. D. keeps concealed in the County of in this Province to avoid service of process) with intent and design to defraud me (or the said A. B.) of my (or his) said debt. 3rd. That this affidavit is not made by me nor the process thereon to be issued from ftny vexatious or malicious motive whatever. ISworn, &o. A. B 871 (12,) Attachment Against an Apscondinq or ■ Bemoying Debtor. To a. B., bailiflf of the Division Court in the said Bcc. m County of . [or to A. B., a constable of the County H^'c]^' of , as the case may be). p. 115. ' You are hereby commanded to attach, seize, take, and safely keep, all the personal estate and effects of C. P. {naming the debtor), an absconding, removing, or concealed debtor, of what nature or kind soever, liable to seizure under execution for debt within the County of {h^re name the county), or a sufficient portion thereof to secure A. B. {here name the creditor) for the sum of {here state the amount sworn to be due), together with the costs of his suit thereupon, and to return this warrant with what you si all have taken thereupon, to the clerk of the {here state the number of the division) Division Court in the County aforesaid forthwith ; and }ierein fail not. ' rl 873 GENERAL FORMS OP JULY. 1869. Witness my hand and leal {or the seal of the said Court) the day of , one thoasand eight hundred and . X Y , [L.8.] Clerk, or Justice of the Peace ((» the case maybe). Sec. 4, pp. 202, 203 ; Sei!. 1, pp. 207, 208 ; Sec. 0, p.20!), Rule VM ; Bee. 104, p. 62. REPLEVIN. (13) Affidavit to Obtain Jusgb's Order for Writ or Replevin. In the Division Court in the County of — — County of , ) I, A. B., of , make oath and say : To wit. J Ist. That I am the owner of {deifcribe property fully) at present in the possession of CD.; or that I am entitled to the immediate possession of {describe proptr' ty), as leasee, (bailee, or agent), of E. F., the owner thereof {or as trustee for E. F.) {or as thecaieinaybe)^ at present in the possession of C. D. 2nd. That the said goods, chattels, and personal pro* perty are of the value of dollars and not exceed* ing $40. 3rd. That on or about the day of , the said goods, chattels, and personal property, were lent to the said C. D., for a period which has expired, and that although the said goods, chattels, and personal property have been demandoj from the said C. U., he wrongful! v withholds and detains the same from me, the said A- " or, that on or about the day of , the said C. fraudulently obtained possession of the said goo chattels, and personal property, by falsely representitif.:, that {here state the false representation), and now wrong- fully witholds and detains the same from me ; or, that the said goods, chattels, and personal property were on the day of last, distrained or taken by the said C. D., under color of a distressi for rent, alleged to be due by me, to one E. F., wheui iii fact no r^nt was due by me to the said E. F., {or as the case map be, setting out the facts of the wrongful taking or dktention complained of with certainty and precision). 4th. That the said C. D. resides {or carries on busi- ness) at , within the limits of the Division Court in the County of , {or, that the said goods, chattels, and personal property were distrained), {or taken and detained), {or detained), at , within the limits of the Division Cour<- of the County of Sworn, (&;g. A. B. OBNEUAL FORMS OF JULY, 186t». (14.) Affidavit to Ohtain Writ Without Order m First Instance. (i%e first four sections may be as above and tJie following must he stated in addition:) 5tl;. That the said personal property was wrongfully Sw. 4, taken, {or fraudulently got) out of my possesRion within two oalendarmonths before the making of this affidavit, that is to say, on the day of last. 6th. I am advised and believe that I am entitled to an order for the writ of replevin now applied for, and I have good reason to apprehend, and do apprehend, that unless the said writ is issued without waiting for an order, the delay will materially prejudice my just rights in respect to the said property. [Or if the property was distrained for rsnt or damage feasant, then the statement given in the last specific alter- native unihr the Srd clause of the above form will be suffi- cient to obtain writ without order,'\ 373 I)p. 2i)'i, 203 5 Him;. 1, pp. 207, 208 ; set'. 0, p. 200; sec. lOi, piigo 52. (15.) Claiu IX Replevin. No. A.D. 18 . In the Division Court in the — Count of. - Sec. 35, p. 14; sue. 74 p. .39' A . "R. of states that C. D. of did on or about see! i, p. I'bi; tiiu day of A.D. 18 , take and unjustly detain ^^^^w' (or detain, as the case may be), and still doth detain linUa 3, 4, 6 hisp' ds, chattels and personal property, that is to say and 8. (hei\ d out the description of property) which the said A. B. alleges to be of the_ value of dollars, whereby he bath sustained damages and the said A. B. claims the said property with damages in this behalf as his just remedy. A. B. » ' — • — Sec Forms in note (b), page 146. sec. 35, page 14 ; (16.) Particulars in Cases op Contract. No. A.D. IS . A. B. of claims of C. D. of , the sum of $ the amount of the following account, viz., {or '• the amount of the note, a copy of which is under f^'f^^P/g* written,") together with the interest thereon, [or, for and*^!. ' * that the said C. D. promised {here state shortly the promise) which undertaking the said C. D. hath not performed, or, for that the said C. 1). by deed under bis seal dated the day of A.D. 18 covenanted I'. I i m 374 For several concise forms see note (6), pp. GENERAL FORMS OP JULY, 186tl. to, &c., and that the said C. D. hath broken said ooTe^ nant whereby the said A. B. hath sustained damages to the amount aforesaid ; or for money agreed by the said C. D. to br paid by the said A. B., together with a horse of the said C. D., in exchange for a horse of the said A. B., delivered by the said A. B. to the said C. D.; or for that the said C. D., by warranting a horse to be then sound and quiet to ride, sold the said horse to the said A. B., yet the said horse was not then sound and quiet to rid<^ ; or for that the said C. D. in consideration that the said A. B. would supply E. F. with goods on credit promised the said A. B. that he, the said C. D. would be answerable to the said A. B. for the same, that the said C. D. did accordingly supply the said £. F. with goods to the price of $ and upwards, on credit, that sucb credit has expired, yet neither the said E. F. nor the said C. D. has as yet paid for the said goods ; or for that the said A. B. let to the said C. D. a house for seven years, to hold from the day of , A.D. , at $ a year, payable quarterly, of which rent quarters a .'e due and unpaid. ( The above forms are given ncrely as examples of state- ments of causes of action, and the claim must show such 140 and 147. further particulars as the facts of the case require.) (17.) Particulars ' , Cases of ToRr. Sec. 35, page j^g. 14; sec. 74, ^^^' page 39 ; ilules 3, 4, 6 and 8. did, on or , at the Town- A.D. A. B. of states that C. D. of about the day of , A.D. 18 ship of , unlawfully [take and convert one cow and one calf, the property of the said A. B. ; or break and injure a waggon of the said A. B.; or falsely repre- sent L. 0. as fit to be trusted, the said C D. at the same time knowing that the said L. 0. was insolvent, where- by the said A. B. was induced to ^\v^ him credit : or assauU. and beat the said A. B. (or as the case may he, stating the Tort sued for in concise language))] The said A. B. hath sustained thereby damages to the amount of , and claims the same of the said C. D. A.B. (18.) Particulars in Actions Against a Clkrk or Bailiff and his Sureties. S JC8. 85, p. No. , A.D. 18 . p^'3?*Buies A. B. of claims of C. D., Clerk [or Bailifl*) of 5,4,6, 6 & 8. the Division Court for the County of , and, GENERAL FOBMS OF JULT, 1869. 37& of E. F' of , and Q. H. of (sareties for and parties with the said C. D. to a covenant for the due performance of the duties of his said office) the sum of for moneys had and received by the said 0. D. as such Clerk {or Bailiif) as aforesaid, in a certain oa''8e in the said Division Court, -wherein the said A. B. was Plaintiff, and one H. H. was Defendant, to and for the use of the said A. B., the payment where- of the said C. D. unduly witholds. And also {stating in like manner any other similar claim) — [or the sum of for damages sustained by the said A. B through the misconduct {or neglect) of the said C. D. in the performance of the duties of his said office : For that on the day of , at {describe in ofidinary language the neglect or misconduct, whereby the damage toas occasioned)]. (19.) Application of Bailiff for Interpleader. In the Division Court in the County of Between A B . Plaintiff, AND C- -, Defendant. Rule 87. By virtue of a writ of execution {or " attachment") Sec. 175, p. in this cause, dated the day of 18 , from ^:Z''^ ^^' this Court, I did, on the day of 18 , seize and take in execution {specify goods, chattels, etc., seized) as the property of the Defendant. E. F., of the town- ship of etc., now claims the same as his property {or now claims the said and as his property) and that the value thereof is $ . You will therefore be pleased to issue an Interpleader summons to the Plaintiff and to the said E. F., according to the statute in that behalf. To the Clerk of the said Court. Dated, etc. Bailiff. — »- Sections 174 and 175, pp. (20.) Landlord's Claim for Rent under Sec. 170. Whereas I have been informed that you have seized ^(ti^fz)(a; the goods of C. D., of , on his premises at , to (ft)(c):sbo.' satisfy a certain judgment 01 the Division Court Jo^'P?/^* in against the said C. D., at the suit of A. B. ; I jtuies ^,^ ) » 11. :Ai 376 Kule 38. Sec. 175, page 86. Rules 9, 11, 15, 16 and 148 ; & N.B. to Form 23, p. 877. GENERAL FORMS OP JULY, 1869. hereby give you notice that I am the landlord of the said premises, and that I claim $ for rent now in arrear, being for one quarter {or as the case may be), and I require you to pay the same to me before you apply the proceeds of the sale of said goods or any part thereof to satisfy the said judgment. Dated, etc. E. F., Landlord of said Tenement. To V. W., Bailiff" of etc. (21.) PaRTICOLARS of ClAIU on iNTERPLBiSER. In the Division Court in the County of — Between A B , Plaintiffs C- E- AND - D- - F- Defendant, Claimant. To whom it may concern. E. F. of claims as his property the following goods and chattels, (or moneys, etc.) seized and taken in execution, {or attached) as it is alleged, namely, {specify the goods and chattels, or chattels or moneys, etc., claimed), and the grounds of claim are {set forth in ordinary language the particulars on which the claim is grounded, as how acquired, from whom, when, and the consideration paid or to be paid, and when), and this the said E. F. will maintain and prove. E. F. Dated this day of 18 . N. B. — If any action for the seizure has been com- menced, state in what Court and how the action stands. (22.) Ordinary Summons to Appear. In the Division Court in the County of — No. A.D. 18 . [Seal.] Between A B , Plaintiff, AND D- Dejendant. [Stamp.] To C. D, the above named Defendant. You are hereby [as before {or as often before) you were] summoned to appear, at the sittings uf this Court to be holden at , in the Township of , inthf A.D. tbeal in an Plain event cced Da M of the h now in [maij be), ffore you or any fement. GENERAL FORMS OF JULY, 1869. in the said County of , on the* day of , A.T). 18 » ^^ *h® hour ot in the forenoon, to answer the above-named Plaintiff, in an action on contract, (or in an action for Tort) for the causes set forth in the Plaintiff's statement of claim herewith ; and in the event of your not so appearing, the Plaintiff may pro- ceed to obtain judgment against you by default. Dated the day of , A.D. 18 . By the Court, X Y . 377 Clerk. Claim Costs, exclusive of mileage... NOTICE. Take notice, that if the Defendant desires io set-off' Huie 12s. any demand against the Plaintiff, {if the action he for Tort, omit the words in Italics) at the trial or hearing of this cause, (or) to take the benefit of any Statute of Limitations, or other Statute, notice thereof in writing, and if a set-off, containing the particulars of such setoff, (omit the words last in Italics, if the action be for Tort) must be given to the Plaintiff, or left at his usual place of abode, if living within the Division, or left with the Clerk of the said Court, if the Plaintiff resides without the Division, not less than six days before the day appointed for the said trial or hearir v, and in case of set-off, a copy of the particulars of i.ici set-off, and also a copy for the Plaintiff. (23.) Special Summons. In the Division^Court in the County of No. , A.D. 18 . [Seal.] Between A B — AND c- D- -, Plaintiff, -, J)ejendant. [Stamp.] To the above named Defendant. The Plaintiff demands of you $ as shown by his ^"les 9, 12, claim herewith ; you are notified that this summons is iq ^^^ {49 ' idturnable on the eleventh (or sixteenth, or twenty-first, according to the residence of the Defendant) day after the * N. B. — Tlie day of holding the Court must always, aud in all forms, bo stated at length in words, and not in figures. 378 Bule 12. Bule 128. Rule 19. GENERAL FORMS OF JULT, 1869. day of the service hereof upon you ; and you are t« satisfy the said claim against you, or if you dispute the same or some part thereof, you are to leave with the Clerk within eight (or twelve, according to the residenct of the Defendant) days after the day of such service the notice mentioned in warning No. 1 subjoined, otherwise after such return day has passed judgment may be given against you by default. In case you give such notice disputing the claim, the cause will be tried at the sittings of this Court, to be held at in the said County, on or next after the day when the sum- mons is returnable, at whtch time and place you are required to appear. And in default of your so appea^ ing, the PUintifF may proceed to obtain judgment against you. * Dated the day of A.D. 18 . By the Court. X Y , Claim $ Clerk. Costs, exclusive of mileage... NOTICES AND WARNINGS TO THE DEFENDANT. Warkino No. 1 — If the Defendant disputes the Plain* tiff's claim, or any part of it, he must leave with the Clerk within eight {or twelve) days after the day of service hereof, a notice to the effect that be disputes the claim, or if not the whole claim, how much he disputes, in default whereof final judgment may be signed for the whole claim, or such part as is not disputed* (if the Plaintiff is content with judgment for such part) at any time within one month after the return of the summons. "Warning No. 2. — If the Defendant desires to set off any demand against the Plaintiff at the trial or hearing of this cause, or to take the beD<^fit of any statute of limitations, or other statute, noticb thereof in writing must be given to the Plaintiff, or left at his usual place of abode, if living within the Division, or left with the Clerk of the said Court, if the Plaintiff resides without the Division, not less than six days before the day appointed for the said trial or hearing, and in case of set-off, a copy of the particulars of his set-off, and also a copy for the Plaintiff. The two next ensuing sittings of the said Court will be held as follows : — viz., at o'clock a.u. On the day of A.D. 18 . On the day of A.D. 18 . FENDANT. 88 the Plain, ith the Clerk 7 of service 8 the claim, disputes, ia ned for the ited- (if the Jh part) at urn of the B8 to set off or hearing ^statute of in writing ^saal place 't with the es without ) the day in case of ', and also 3oart will general forms op july 18c9. (24.) Summons in Replevin. Jq {|,e Division Court in the County of — No. ,A.D.18 . [Seal.] Between A — B- , Plaintiffs and 379 Rules 9, 13, 41, 47, 48, 49 148. See sections 6 and 6, pp. 209, 210, notes (n) (o); fi. 212, note P). [Stamp.] C D , Defendant. To V. "VV., the Bailiff of the said Court, and to C. D., the above-named Defendant. You the said Bailiff are commanded that without delay, you cause to be replevied to the Plaintiff the goods, chattels, and personal property described in the statement of the Plaintiff's claim hereunto annexed, in order that the Plaintiff may have his just remedy in that behalf. And you, the said Defendant, are hereby summoned to be and appear at the next sittings of this Court, to be holden at , in the County of , on the day of , A. D. 18 , at the hour of Ten o'clock in the forenoon, to answer the above-named N.B.&Uooi Plaintiff in an action of Replevin, for the causes of p. 377. set forth in the Plaintifi^s statement of claim hereunto annexed ; and in the event of your not so appearing, the Plaintiff may proceed to obtain judgment against you by default. Dated the day of , A.D. 18 . By the Court, - X Y , Clerk. Claim for return of goods, and damages to... $ Costs, exclusive of mileage Warnings to tee Defendant. Ist. In case you do not appear to this writ at the Sen. 12, page time specified in '. lie summons, the Plaintiff may, on ^^^^ ^!^^- ^* filiiig the writ and affidavit of due service, proceed thereon as if you had appeared, and obtain judgment against you by default. 2nd. If you claim a right to the possession of the gcjds by reason of any claim which you may have to urge under any statute, or to take the benefit of any statute f limitations or other statute, notice thereof in writing must be given to the Plaintiff, or left at his usual place of abode, if living within the Division, or ^^^^ ^-^' 380 GENERAL FORMS OF JOLT, 1869. left with the Clerk of the said Court, if the Plainti{| resides without the Divisiou, at least six dajs before] the day appointed for the said trial or hearing. (25.) Interpleader Summons to Claiiiant. In the Division Court in the County of . [Seal.] Between A B , Plaintiff', No. , A.D. 18 [Stamp.] AND C- D- -, Defendant. -. Claimant. Sec. 175, p. 377. You are hereby summoned to appear at a Court, to QesTf and ^® Golden on at tho hour of A.M., at u^sT^^J}- touching a claim made by you to certain goods and at foot of chattels [or moneys, &c., or securities {as the case may be) ] ; viz. : (here specify) seized and taken in execution [or attached) under process issued out of this Court in this action, (or by a Justice of the Peace) and in default of your then establishing such claim, the said goods and chattels will be sold, (or the said moneys &o. paid and delivered over) according to the exigency of the said process : and take Notice, that you are required, six days before the day appointed for the said trial oi hearing, to leave at the Clerk's office a particular of the goods and chattels, (or as the case may he) so claimed by you, and the grounds of your claim. Given under the seal of the Court this day of 18 . X. Y . To E. F., the above named claimant. Clerk. (26.) In the • No. [Seal.] Summons to Plaintiff cn Interpleader. Division Court in tho County of . A.D. 18 . Between A- B- -, Plaintiff, AND C- [Stamp.] E- Whereas E. F., of D- F- -, Defendant. ; Claimant. virtue action hereby holden the Bai( made t pagers Whereas E. F., of hath made a claim to certain Rules 3^ and goods, [or to certain securities or money (as the case ^tV^^*^" ''"'^y '^1 ^^^'' ^^""^ specify) which have been seized p. 877. ^ and taken in execution (or attached) under and by GENERAL FORMS OP JULY, 1869. I virtue of process, issuing out of this Court, in this action {or by a Justice of the Peace) ; you are therefore hereby summoned to be and appear at a Court to be holden at on at the hour of , when (he said claim will be adjudicated upon, and such order made thereupon, as the Court shall deem fit. Given under the seal of this Court this day of , 18 . X Y . 381 ToA- B- Clerk. The aboye-named Plaintiff. N.B. — The claimant is called upon to give particulars qf his claim, tohich you may inspect on application at the office of the Clerk of the Court Jive days before the day of hearing. (27.) Application for Judgment Summons. To X. Y., Clerk of the — Division in the County of — Rule r. Be pleased to summon of etc., to answer accord- ing to the Statute in that behalf, touching the debt due me by the judgment of the said Court of the Division Court of the Cpunty of , on my behalf, a minute whereof is hereunto annexed. A. B., Plaintiff. (28.) Summons to Defendant after Judgment. In the Division Court in the County of -— No. , A.D. 18 . [Seal] Between A B , Plaintiff. [Stamp.] AND D , D^endant. To the above named Defendant. Whereas on the day of A.D. 18 , the Plaintiff duly recovered judgment against you in said Court, holden in and for said Division, for $ for debt, and $ for costs of suit, which remains unsatisfied, you are therefore hereby, (in case of a second summons here insert the words " as before you were ") summoned to appear at the next sittings of this Court, to be holden at on the day of , at the hour of , to be then and there examined by the Judge of the said Court, touching your estate and effects, and the manner and circumstances uuder which you contract" Rules 7 and 148 ;kN.B. at foot of p. 377. 832 GENERAL FORMS OP JULY, 1860. ed the said debt, (or iocarred the damnges or liability) ^hioh was the subject of the action, in which the saii] judgment was obtained against you, and as to the means and expectations jou then had, and as to the pro. ' pertj and means you still have, of discharging the said debt (or damages or liability), and as to the disposal you may have made of any of your property :— And take notice, that if you do not appear in obedience to this summons, you may, by order of this Court, be committed to the Common Jail of the County. Given under the Seal of the Court this day of , 18 . By the Court, X Y , Amount of Judgment,.... Costs of this summons,. Clerk. (29.) SuMUONs TO Defendant ▲ftbr Default. ii ! Sec. 165, pp. 80, 81, note (»), In the [Seal.] No. A.D. 18 [Stamp.] — Division Court in the County of Between A B , Plaintiff. AND D -, Defendant. Whereas at the sittings of this Court {or of, etc.), holden at the in the town of in the County Rule 148 ; & of , on the day of , 18 , the above named of p." 377?°* Plftiutiff obtained a judgment against you for the sum of $ for debt, besides interest thereon and $ costs to be paid , and which said judgment remained unsatisfied. And whereas by a summons bearing date the day of » 18 , you were summoned to appear at tlie sittings of this Court, holden at the oi in the County of , on the day of > 18 , at the hour of of che clock in the forenoon, to be then and there examined by the Judge of the said Court touching your estate and effects, and the manner and circum* stances under which you contracted the said debt, which was the subject of the action in which the said judgment was obtained against you, and as to the means and expectations you then (at the time of con- tracting) had, and as to the property and means you still had (at the said last day aforesaid) of discharging the said debt, and as to tho disposal you may have made of any of your property. (IJ debtor did not appear GENERAL FORMS OP JULY, 186£>, ggg vpon the first hut did upon a second summons recite accordingly.) And whereaa upon your appearing thereto, and upon examination and hearing of both parties (or of you, and the evidence, if any), it appeared to the satisfaction of the said Judge, that you then had (or had since the judgment obtained against you, as the case may he) suf- ficient means and ability to pay the said debt and the interest thereon, and costs so recovered against you ; and the said Judge did then and there order and direct that you should pay to the said Plaintiff the sum of % debt, and interest then accrued, and $ costs, and and also $ costs of the said last mentioned summons, to be paid as follows, that is to say, the sum of $ to be raid on the day of « 18 , the further sum of $ to be paid on the day of 18 , or forthwith (as the case may he). And whereas the Plaintiff alleges that you have not paid the and instalments of each, (or the said sums) so ordered to be paid. You are therefore hereby summoned to appear at the See2V,B. at next sittings of this Court, to be holden at the in ^'J'|* *'*"i'- the town of in the county of , on the day of , 18 , at the hour of of the clock in the forenoon, to be then and there examined by the Judge of the said Court touching your estate and effects, and the manner and circumstances under which you con- tracted the said debt, which was the subject of the action in which the said judgment was obtained against you, and as to the means and expectations you then bad, and as to the property and means you still have, of discharging the said debt, and as to the disposal you have made of any of your property, and as to the reasons why you have not paid to the Plaintiff the said and instalments of each, of the said debt, 60 ordered to be paid by you, as last above men- tioned and recited, pursuant to the said order of the Judge, And also to shew cause why you should not be com- mitted to the common jail of the county for not com- plying with the said order of the said Judge. Given under the seal of the Court this day of 18 . By the Court, X Y , Amount of judgment $ Clerk. " instalment Cost of this summons m 384 general forms of july. 18«9. (30.) Summons on behalf of Executor or Admikistra. TOR TO ReVIYK a JUDGMENT. In the — — division Court in the Couoty of No. A.D. 18 . [Seal.] BsinrEEN A B , Executor of CD., deceased, Plaintiff, — , Defendant. E- AND — F- i i r I ^ [Stamp.] To E. F., the above named Defendant. Whereas on the day of A.D. 18 the of p. 877. Rules 157 Sr Vat Lot *^o^® named C. D. duly recovered in said Court holden ' ' in and for said Division, judgment against you fur $ debt, and $ costs of suit, which judgment, a tran- script of which is hereunto annexed, still remains unsatisfied, and the said Plaintiff, as Executor afore- said, claims to have execution thereof ; you are hereby summoned to appear at the sittings of this Court, to be holden at on at in the forenoon, to show cause, if any you have, why the said Plaintiff, Executor as aforesaid, should not have execution against you of the said judgment, according to the force and effect of the said recovery ; and, in the event of your not appear- ing, judgment will be entered against you by default. By the Court, X y . Dated this day of , Claim 1 Costs exclusive of mileage .. 18 Clerk. Rules 64 [Stamp.] aud 148. This is in- tended to be used after Judgt. agst. Exr. or Adr. but is in the nature of a new suit. (31.) Summons on a Devastavit. In the Division Court in the County of No. A.D. 18 . [Seal.] Between A B , Plaintiff', AND C D , Executor (or Administra- tor) of E. F., deceased. Defendant. To C. D., the above-named Defendant. You are hereby [as before (or as often before) you were] summoned to be and appear at the sittings of N.B.— This form may bo altered to suit other facts showing a change of the parties entitled to execution, which make a revival necessary. 'L. GENERAL FORMS OP JULY, 1809. 385 tbls Court, to be holdeYi at , on the day of , A.D. 18 , at the hour of in the forenoon, f,^° g-jj^ to answer the above-named Plaintiff in an action, for p. 377." that you, the Defendant, have withheld and wanted divers goods and chattels, which were the property of E. F., deceased, at the time of his death, and which oatne into the hands of you the Defendant, as Executor {or Administrator) of the said E. F., to be administered, whereby a certain judgment recovered against you by the Plaintiff in this Court on the day of A.D. 18 , for $ remains unsatisfied ; and in the event of your not appearing, the Plaintiff may proceed to obtain judgment against you by default. Dated this day of , 18 . Clerk. (32.) SoaGESTiON OF Devastavit on Original Summons. {Commence with Form, of Summons, as in " Ordinary Summons to Appear," but naming Defendant as Executor or Administrator, and adding after the loord " default") and the Plaintiff alleges that you, the Defendant, have money, goods and chattels, which were the property of the said C. D., deceased, at the time of his death, and which came to your hands as such executor (or adminis- trator) to be administered ; and if not, that you have withheld or wasted the same. Rule 64. This is in- tended to be used at the commence- ment of pro- ceedings against Exr. or Admr. ?r S 'I (33.) Summons to Revive Judgment against an Executor. — Division Court in the County of In the No. , A.D. 18 . [Seal.] Between A B , Plaintiff, AND [Stamp.] 0- — E- , Executor of E. F., deceased, Defendant. To 0. E., the above-named defendant. Whereas on the day of A.D. 18 , the Rules isr Plaintiff duly recovered in the said Court, holden in 5?B^*5'/°t and for the said Division, judgment against the said of'p 377°" E. F., in his lifetime, for % for debt, and $ ^ costs of suit, which judgment, a transcript whereof is hereto 8 f i'ji S80 GENERAL FORMS OP JULY, 1800. annoxod, still retnaiDS unsatisfiied ; and tho snid Plain- tiff claims to have execution thereof against you, an Executor of the said E. F. : you are hereby summoned to appear at the sittinj^s of this Court, to be holdon ut , on , at the hour of , to show cause, if ony you have, why the said Plaintiff should not have 1 execution of the said judgment against you, as Esq. cutor as aforesaid, to be levied of the goods and chattels of the said E. F., deceased, in your hands to be admin- istered ; and in the event of your not appearing, judg- ment herein will be entered against you by default. Dated this day of , 18 . By the Court. X Y , Clerk. Amount' claimed $ Costs exclusive of mileage... N.n.—IUis form may l>e iiltert'tl to Huit otherfautsslinwinga clmiigo of the pai-tica liable to execut,iou, which make a revival neuessiiry. Rules 72 and 148; and N.B. at foot of p. 877. i- (34.) Summons to Executor or Administrator, wherb Plaintiff intends to apply to tue Court alle- ging THAT Assets have come to the Defendant's HANDS since JUDGMENT. In the- [Seal.] Division Court in the County of — Between A B , Plaintiff', AND No. , A.D. 18 . C [Stamp.] D , Executor (or Admin- istrator) of E. F., de- ceased. Defendant. The Plaintiff having learned that the property of the said deceased has come to your bands as Executor {or Administrator) since the judgment herein, to be admin- istered (and that you have withheld and wasted the Fame), Intends to apply at the next sitting of. this Court, to bo holden at on the day of , at the hour of , for an order that the debt and costs be levied of the goods and chattels of the said deceased, if you have so much thereof to be administered (and that if you have not, then that it shall be levied of your own proper goods and chattels), and that the costs be levied of your proper goods and chattels. You are, thereupon, hereby summoned to appear at 3t). tho snid Plain. iKuinst you, a, ^bj Bumnioned be lioldon ut show cftuse, lould not have you, ns Ese. :l8 and chattels 8 to be admin, pearing, judg. )y default. Clerk. slinwfngacliaiigo vixl neuussiiry. RATOR, WnERB Court allk- Defendant's tJty of - or (or Admin- ) of E. P., de- Defendant. operty of the Executor [w to be admin- I wasted the ting of, this •y of , at and costs be lid deceased, listered (and svied of your the costs be to appear at GENERAL FORMS OP JULY, 1800. the said Court, at the time and place aforesaid, to answer touching the matter nfure^^uid. Dated this day of , 18 . X Y , To Clerk. The above named Defendant, 887 (35.) Order op Referencr. In the Division Court in tho County of Between A B , FlainU/f, [Stamp.] AND — D- Defendant. By consent of the Plaintiff and Defendant {or agents Sers. ino, if so) given in open Court (or produced in writing to ^^"'^JvV^'-' the Court) it is ordered that all matters in difference in svf^notoHU) this cause (and if consented to, add, "and all other (o) '(up peril. >i8 day of Clerk. inty of Plaintiff, Defendant. the sittings of the 18 . GENERAL FORMS OF JULY, 1869. at the hour of in the forenoon, to give evidence in the il'ove cause, on behalf of the above named [and then and there to have and produce {state particu- lar documents required) and all other papers relating to the said action, in your custody, possession, or power.] Given under the Seal of the Court this day of 18 . X Y To Clerk. 3^9 (39.) Summons to Witness to Appear before Arbitrator. In the [Seal.] Division Court in the Between A— B County of -, Plaintiff, C- AND -D- — , Defendant. You are hereby required to attend before the Arbitrator {or Arbitrators) to whom thi cause stands referred, at on the day rf D. 18 , at o'clock of that day, being the time and place appointed by the said Arbitrator for a meeting upon the said reference, to give evidence in the above cause on behalf of the above named and then and there to have and produce {state the particular documents re- uired) and all other papers relating to the said action, u your custody, possession, or power. Given under the Seal of the Court this day of A.D. 18 . Sec. 97, p. 48, and sec. 100, p. 50. To X- Clerk. GARNISHEE PROCEEDINGS TO JUDGMENT. (40.) Affidavit for Order to Garnish Debt. In the Division Court in the Countv of Befween a B , Plaintiff, . AND _D- -, Defendant. I, A. B., of the of in the County of Sec. 104, p. the Plaintiff in this suit, {if the affidavit he made by the asi.'note (o^; Plaintiffs attorney or agent make the necessary alteration) , Rules si and make oath and say, that judgment was n-ouvered in ^'^'^' this cause against the above named Defendant on the day of , A.D. 18 , for the sum of $ debt ^%-%^ 3^0 GENERAL FORMS OF JULY, 1869. and costs, {or according fo the judgment,) and that the same remains wholly unsatistied, [or that $ , part thereof, yet remains unsatisfied.) That T have reason to believe, and do beHe\e, that E. F., residing at , within this Provin'-e i.^, {or if the person indebted to tlie Defendant he not known say " that one or more persons residing; in this Province, tvhom I am unable to name, are ") indebted to the Defendant in the sum of % , [or if the amount he unknown say " in an amount which I am un.ible to name,") for goods sold and delivered by the Defendant to the said E. P., {or otherwise according to the naiun of the debt sought to lie garnished.) Sworn before me at the of) in the County of this | dav of AD. 18 . V A- Clerk. J E- (41.) Judge's Attaching Order. Division Court in the County of • In the [Stamp.] Between A- — B -, Plaintiff, and C D , b^fendunt on the day of , A.D. 18 Judgment entered in the Division Court in the County of Amount unsatisfied $ On application of the Plaintiff and upon reading his STrrfitpf J affidavit, [or the affidavit of A. B., his attorney {or 52, mI 54, 02 ngcnfc, as the ca^e may 6e,)] it is ordered, that all debts now owing to the Defendant from any party in this Province, whether due, or accruing due, be and thosamo are hereby attached, to satisfy the judgment in this cause. Dated the day of A.D. 18 . at acq. {Add warning as in next Form.) Jud^e. (42.) Warning to Garnishee. To D. E,, Garnishee, Rules 52, 53 YoH aro hereby notified that from and after tho time audou, of the service of this {" order" or *' snmnionb") on you. ^9. and that tbe Lhat $ , pai,|. believe, that J>vin.'e is, (or if \not known say [this Province, fidebted to the I Ihe amonnt he lam utidble to I the Defendf^nt io i/ie nalure E- )ER. antyof- jment entered Division in the County n reading:; his attorney [or 3red, that all any party in due, be and he judgment Judji;e 'fer tho time 3s") on you, GENERAL FORMS OF JULY, 1869. all debts due or accruinpj due, from you to the above niimed 0. D.. are attached, and if you pay the &ame to any one other than to the person holding the proper order receive the same, or into Court, you will be abK lo repay ii, in case the Court or Judge so order. 391 (43.) Summons to Garnishee and Primary Debtor ArxER Judgment. [Seal.] In the — - Division Court in the County of No. A.D. 18 [Stac,'.' 'between A. !>., Primary Creditor, "" and C. D., Primary Debtor, and E. F., Garnishee, Judgment recovered on *he day of , A.D. 18 , in the Division Court in the County of Amount unsatisfied, note {]}), Rules 52, to 02. You, the above named Garnishee and the Primary gub-sec. 4of Debtor, are hereby summoned to appear at the sittings seo. 6, p283, of this Court, to be held at on the day of A.D. 18 {or before the Judge presiding at on the day of A.D. 18 ,) at of the clock in the noon, to state and show whether or not you the said Garnishee owe any, and what debt to the above named Primary Debtor, and why you should fiot pay the same into Court, to the extent due on the above named judg- ment, to satisfy the same ; and take notice that if you have any set-off or other statutable defence, aa between you and the Primary Debtor, you must give notice thereof, to the Primary Creditor, six days before th© day you are so required to appear. You or any one interested, m.ay also shew any other cause why the said debt should not go to satisfy the said judgment. Dated the day of , A.D. 18 . X Y , Clerk. Adil warning (Form 42). Sue Rule 52. (41.) Summons to Primary Debtor (before judgment) AND Garnishee. In the Division Court in the County of No. , A.P., 18 . '".« ...i Rules 52, to 62. 392 GENERAL iORMS OF JULY, 1869. Between A. B., Primary Creditor, 1 The Primary Credi- [Seal.] and | tor claims from the C. D., Primary Debtor, j- Primary Debtor the [Stamp.] and amount of the an- E. F., Garnishee. J nexed account : (giving the account or claim in detail.) Seo 7 rage ^°"» ^^^ above named Primary Debtor, are hereby 285 & iiotes ; Summoned to appear at the sittings of this Court, to be held at on the day of A.D. 18 (or at on the day of A.D. 18 before the Judge then and there presiding) to answer the Primary Creditor, who sues you for the recovery of the annexed claim and you, the Garnishee, are required to appear at the same time and place to state and show whether or not you owe any and what debt to the Primary Debtor, and why you should not pay the same into Court, to the extent of the Primary Creditor's claim in satisfac- tion thereof ; and take notice, that if either of you have any set off, or other statutory defence, as between you, or as between the said Primary Debtor and the Primary Creditor, you must give notice of all such defences to the Primary Creditor not less than six days before you are so required to appear. You and all others inte- rested may also show any other cause why the debt owing from the Garnishee should not be paid and applied to satisfy the said claim of the Primary Creditor. Add warning (Form 42). See Rule 52. Dated the day of A.D. 18 X Clerk. Rules 62 and 149. < (45.) Minute in Procedure Book of Judgment acvinst Garnishee on Judgment Ai.READr Recovered.* Judgment entered on the day of in the Division Court in the County of Amount unsatisfied, $ On hearing all parties, [or on hearing the above named (the parties appearing), the above named having made default, it is adjudged that the Garnishee is indebted to tlie Primary Debtor in $ now due (or coming due as follows, ) which (or $ of which) ought to be applied in satisfaction of the said judgment, and that the said Primary Creditor do recover against the Garnishee, for levying whereof execution may issue at any time, {or ifiry Credi- 18 from the Debtor the I of the an. ^count : U.) are hereby ^ourt, to be (wat I Judge then ry Creditor, exed cluim pear at the her or not try Debtor, ) Court, to in satisfac- >f you have tween you, le Primary defences to before you there inte- y the debt paid and y Creditor. Clerk. fT AGAIVST ERED." n the be above ned Jarnishee T due (or )pHed in the said shee, for ime, {or GENERAL FORMS OF JULY, 1869. if the debt be not due, or time for payment be given, add) after from this date, unless the Garnishee shall Booner pay the same into Court, to satisfy the said judgment. Entered the day of A.D. 18 . S93 (46.) Minute in Procedure Book of Judgment against Primary Debtor and against Garnishee. On hearing all parties [or on hearing the Primary Rules 62and Creditor lor as the case is) the Primary Debtor, {or as i-i9. the case is) having made default] It is adjudged, 1st, that the Primary Debtor is indebted to the Primary Creditor in $ , and $ , costs. 2nd, that the Garnishee is indebted to the Primary Debtor in $ , which,J(i/ the Garnishee's debt be larger than the Primary Creditor's claim, say, " to the extent of the two first mentioned sums '') ought to be applied in satisfaction thereof. 3rd, that the Primary Creditor do recover against the Garnishee the said sum of $ in days {as time may be given for payment or debt becomes due) in satisfaction as aforesaid. (47.) Minute op Judgment in Fator op Garnishee. On hearing all parties (or on hearing the Garnishee, Ruiea62and the Primary Creditor having made default), it is ad- 149. judged that the Garnishee is not indebted to the Primary Debtor as claimed by the Ptimary Creditor, and that the Primary Creditor pay the Garnishee $ for his costs, to be paid in days. (47a.) Bond under Sec. 15 op the Act of 1869. [Commencement and conclusion same as in Replevin bondi condition as follows.) Whereas in a certain garnishee proceeding under the Act 32 Vic. cap. 23, vrh^rein the said A. B. is primary creditor, C. D. prima^ debtor, and E. F. garnishee, a certain debt ri % due from the garnishee to the primary debtor, has been garnished to ansvrer the debt of the primary creditor, and whereas the Judge of the said Court acting under the 15th section of the said Act, ordered that upon payment of the said debt by the garnishee to the primary creditor, security should be given by or on behalf of the primary creditor foi- the repayment thereof into court by the primary creditor. Sin Sec. 15, page 289, note(m) Form 117, Tpoat. ■!.<■: v*S 1 894 GENERAL FORMS OF JULY, 1869. ">bHgation is such that if the y into Court the said debt, Now the condition of this above bounden A. I), do in case a proper order snail be made for such repay ment, within live days after notice of such order, thea this obligation to be void, else to remain in full force. •.i (48.) Clerk's Memot?andum op Non-Appbarance op Garnishee, (C. L. P. Act, Sec. 29G.) Memorandum. Sees. 292, et I, X. Y., Clerk of the Division Court in the seq.yj)]). 215 within order named, attended this day of 18 . RuTe'tiS. ^^ '^® place within mentioned, from o'clock in the noon {as the case may he), till past in the noon {as the case may he) of the same day, and the said J. K. ( Garnishee) did not appear before me accord- ing to the said order. X Y , Clerk. (49.) Memorandum of Admission op Debt, wnEN Signed by Garnishee {C. L. P. Act, Sec. 296.) Memorandum, Sees 292 d ^"^ *^'^ ^^^ "^ . 18 , the within named se?., pp. 215 {Garnishee) appeared before me according to the within et.scq., order,* and admitted that he was and is ind«bted to the within named G. H. {judgment dehfcr) in the sum of $ (if the tcliole debt he not admitted, add, '• and no more.") {If the garnishee be willing to sign the admission, add, *' and signed the subjoined admission in my presence.") X Y , lilUe 03. Sees. 292, Pt snq., pp. 215, et 8cq., Rule 03. Clerk. 1, J K., within named, admit that there is a debt of $ (if the w/i:>le debt be not admitted, add, '• and no more") due from me to the wi:hin named {Judgment debtor). J. K. ( Garniss£e's signature). • — • — (50.) Memorandum, where Garnishee denies Debt (under Sec. I'M, C. L. P. Act.) Sees 292 et ^^ ^^' ^^^ ^" previous form to tlio asteiisk^), and sc(/^, pp. 215, disputes the debt claimed to be due from him to the c« w/., within named ^"•^''^- {Judgment deb/or.) that if the \e said debt, 1 8uch repay. order, then full force. PEARANCE OP m.) Court in the of 18 , ilock in the in the lay, and the e ine acoord- Clerk. sc. 29G.) named the within indebted to f^r'or) in the mtted, add, 7 io sign the I, admission Clerk. t that there nWed, add, aamed 7noiure). fiEs Debt isk*), and im to the debtor.) GENERAL FORMS OF JULY, 1800. Jf the Garnislire he wUlinrf to sif/n the denial of debt, ttdd " and signed the subjoined denial of debt in my presence.") * X. Y. I dispute the debt claimed to be due from me to vrithin named J K , {GarnisJiee's signahire.) 396 MINUTES OF JUDGMENT IN PROCEDURE BOOK. (51.) Or Judgment against Defendant for Debt or Damages. Judgment for the Plaintiff* for $ and $ costs ; R„iei49. to be paid in days {wJien an excels has been abandoned, add, " being in full discharge of his cause of action set forth in the claim.") '^ (52.) Or Judgment under 32 tic, cap. 23, secs. 2 & 3. The Defendant, having been served with special Rules 02, summons, and particulars of claim, and not disputing ho. same (or not disputing $ part thereof, and Plaintiff being content with judgmentf or such part,) it is adjudged that Plaintiff recover § for debt, and $ ' costs. Dated day of , 18 . (53.) Op Judgment where some Defendants have BEEN Served with Special Summons, and others HAVE Confessed. The Defendant, C. D., having been served with Rules 26, special summons and particulars of claim, and not dis- i'*^' puting $ part thereof, and the Plaintiff' Ijeing content with judgment for such part, and the Defendants E. F. and G. 11. having confe-jsed the same sum as due to the Plaintiff", it is adjudged that the plaintiff iiecover $ for debt and $ for costs. (54.) Of Judgment of Nonsuit or Dismissal for want OF PrtuSECUTION. Judgment of Nonsuit, {or that the cause be dis- Ruioiio. missed) {if costs, dc, ordered, add, and the Plaintiff * Add, " Ou vurUict liy jury," If -"irli '..- tlie fuct. ; ■■ J; 896 GENERAL FORMS OF JULY, 1869. pay f for Defendant's costs, or $ for Defendant's trouble, and $ for his costs ; to be paid in days.) -♦ — Sec. Ill, p. 66 ; Rules 149audl60. (55.) Op Judgment on Award. Judgment for the Plaintiff (or Defendant) for $ costs {or for the sum of nnd costs) pursuant to award ; to be paid in days. Rulen 149 and 150. (56.) Op Judgment for Defendant. Judgment for the Defendant* (or for the Defendant fur $ costs ; or $ for his trouble and loss of time, and also $ for bis costs ; to be paid forthwith.) ■ Rule 152. (57.) Op Judgment for Defendant on Set-off, where set-off in PAJIT SATISFIED. It appearing that the Defendant's set-off exceeds the Plaintiff's claim as proved, by over $100, it is adjudged that the Plaintiff's claim, proved at $ be discharged, and that the Defendant's set-off to $ be satisfied, and further, that the Defendant do recover against the Plaintiff $ for his costs to be paid in days. (58.) Op Judgment for Defendant OF Set-off. FOR Balance Sec 17 mae ^^ *^PP6*"°g ^^^^ t^® Defendant's set-off exceeds the 290,' Rule Plaintiff's claim; it is adjudged that the Plaintiff's 102. claim, proved at $ , be discharged, and that the said set-off as to that amount be satisfied, and further, that as to $ , residue of such set-off, the Defendant have judgment for the same, together with $ for his costs, to be paid in days. Rule 149. (59.) Of Ordinary Jcjdqment against Executor or Administrator. Judgment for Plaintiff for $ and $ costs, to be paid in days, to be levied of the goods and chattels of the deceased ; failing such goods, the costs to be levied of the Defendant's proper goods and chattels. * Add " on verdict by Jury," if such be the fact. \i\ GENERAL FORMS OF JULY, 1869. (60.) Of Jpdgment agaikst an Executor or Adminis- trator, WHO HAS WASTED AsSETS. Judgment for Plaintiflf for $ and $ costs, to Rule 65. be paid in days, to be levied of the goods and chattels of the deceased ; failing such goods, then the whole {or the sum of $ and the said costs) to be levied of the Defendant's proper goods and chattels ; the Defen- dant having wasted the goods of the deceased to that amount. 397 roR Balance r Executor or (61.) Of Judgment against an Executor or Adminis- trator, WHO HAS denied HIS REPRESENTATIVE Character, or Pleaded a Release to IIimself. Judgment for^ Plaintiff for $ and $ costs, to Rule 66. bo paid in days, to be levied of the goods and chattels of the deceased ; failing such goods, then to be levied of the Defendant's proper goods, the Defen- dant having pleaded a release to himself, (or " the Defendant having denied his representative character") and this plea being found against him. (62.) Of Judgment against an Executor or Adminis- trator WHO admits his Representative Charac- ter, AND denies the DeMAND. The same as in ordinary judgment against Executor or {<"„„ 59 Administrator {Form 59.) ante. (63.) Of Judgment against an Executor or Adminis- trator, where he admits his Representative Character, but denies the Demand, and alleges Total or Partial Administration op Assets : and the Plaintiff proves his Demand, and the Defendant proves Administration. Judgment for the Plaintiff for $ debt, and also Rule 68, $ costs, to be paid in days ; the Plaintiff's demand which was der'-i, having been proved and full (or partial) administiution also having been proved, which was denied, the said costs to be levied of the goods and chattels of the deceased ; failing such goods, then of the Defendant's proper goods ; the said debt to be levied of the goods and chattels of the deceased, hereafter to come to the Defendant's hands to be administered ; and ordered that $ the costs of proving, such administration, be paid by the Plaintiff in days. m 398 GENERAL FORMS OF JULY, 1800. (G4.) Of Judgment AGAINST Executor or Adsiinistra* TDK, whehe the Defendant admits his Uepreken- 'j'ATivE Character, but denies the Demand, and ALLEGES Total or Partial Administration op Assets, and the P|iAiNTiFP proves nis Demand, AND THE Defendant does not prove Administra- tion. Rule CO, Judgment for Plaintiff for $ debt, and also $ C08t8, to be paid in days, to be levied of the goods nnd chattels of the deceased : failing such goods, then the said costs to be levied of the Defendant's proper goods, and the debt to bo levied of the goods and chattels of the deceased, hereafter to come to the Defen- dant's hands to be administered, the Plaintiff's demand having been proved, which was denied, and adminis- tration, which was alleged, not having been proved. Bole 70. (G5:^ Of Judgment against Executor or Administra- tor, WHO admits his Representative Character, AND THE Plaintiff's Demand, dut alleges a Total OR Partial Administration op Assets, and proves THE Administration. Judgment for Plaintiff for $ , to be paid in days ; to be levied of the goods and chattels of the deceased, hereafter to come to the Defendant's hands to be administered ; the debt not being denied, and full {oi' partial) administration, which wus denied, having been proved, Ordered that the Plaintiff pay § for the Defendant's costs in days. Rule 71. (66.) Op Judgment against Executor or Administra- tor, WHO ADMITS HIS REPRESENTATIVE CHARACTER, AND THE Plaintiff's Demand, but alleges a Total or Partial Administration op Assets, AND does not PROVJB THE ADMINISTRATION. Judgment for Plaintiff for $ debt, and § costs, to be paid in days ; full (or partial) administration, which was alleged, and disputed, not having been proved, Ordered that the said sums be levied of the goods and chattels of the deceased ; failing such goods then the debt of the goods and chattel?, hereafter to come to the Defendant's hands to be administered, and the costs to be levied of the Defendant's proper goods.. GENERAL FORMS OP JULY, 1800. QQQ (G7.) Of Judgment against Executor or Administra- tor ON Devastavit after Judgment. Judgment that the Defendant has wasted goods and Rule 72. chattels of A. B., deceased, to the sum of § , where- by ft judgment recovered against him by the Plaintiff in the Division Court in the County of , on the day of 18 , remains unsatisfied ; and that the Plaintiff now recover against the Defendant the first named sum, and also $ costs ; to be paid in days. — • — (OS.) Or Judgment to Revive a Judgment against AN Executor. Judgment for the Plaintiff, that he have execution RuIpsho against the Defendant, as executor of E. P., deceased, and ir.7. of a judgment of this Court (or of the Division Court, etc.) whereby the plaintiff, on recovered against the said E. F. in his life-time the sura of $ to be levied of the goods and chattels of the said de- ceased, in the hands of the said Defendant to be (ulministered. I 1*^ (GO.) Of Judgment for Executor to Revive a Judgment. Judgment for Plaintiff, that he have execution against rhIcs 149 the Defend.int of a judgment of this Court {or m the uuaiG7. Division Court, etc.) whereby the said C. D. in bis lifetime, on recovered against the said Defen- dant the sum of $ (70.) Of Judgments in Replevin. F(yr Plaintiff, (same as general form of judgment for Rnio 149, Plaintiff for damages and costs, No. 51). I'ormoi, " ' ' ante. For Defendant in Beplevin for rent, Adjudged that the Plaintiff do return to the Defendant the goods and gc",*',incr^ chattels {or " cattle," stating the particulars thereof) Rule 119. and pay $ for costs in days [or, adjudged that the amount due for rent in arrear from the Plaintiff to the Defendant is $ and that the goods and chattels {or " cattle") were of the value of $ and that the Plaintiff do in days, pay the said sum of | ond also the sum of $ for costs of suit]. Far Defendant in Replevin of cattle damages feasant, ruIus 43 aja'om last Minute 'LEADER. 8, chattels and w the case may imons [i/onli/ is, "hereafter them)], are {or mant), or that F. (the Claim) lis proceeding- 'he costs or the all have made, BOR, FOR No\- ned to attend be hath made , for such DR Contempt. tings of this Ity of a con- ilting , e said Court lilting , ; his attend- rrupting tha GENERAL FORMS OF JULY, ISCa. proceedinf;s of the said Court")]: And it is ordered, that the said E. F. furthwith pay a fine of S , for such offence, and, in defiiult of payment, be committed to the Common Jail of this County, for days, un- less such fine, the costs herein, and the expense attend- ing the commitment, be sooner paid. 401 (74.) Of Imposition of Fine^on Witness. Adjudged that II. 11. was duly summoned to appear Bee oo, p. as a witness, in this action, at the sittings of this Court ^'^'J Ruieuo, here this day [and also to produce (as the case may he)] that payment \or a tender of payment) of his reasonable expenses was made to him, — and that he did not appear [or having appeared, did wilfully refuse to be sworn, and give evidence in this action {or to produce such, &c.}]. {Or Adjudged that II. II. being before this Court, now holden and called upon to give evidence in this cause, did wilfully refuse to be sworn and give evidence.) And further adjudged that the said II. II. pay a fine of $ , for such neglect {or refusal) in days {or forthwi!.h) ; And that the sum of $ , part of the said fine, be paid by the Clerk to the Plain- tiff {or Defendant) being the party injured by such neglect or refusal. — * — (75.) Postponed Judgment under Sec. lOG. In the Division Court in the County of Between A B , Flaintif, AND C D , Defendant. At the sittings of this .Court held on the day of Soc 18 , at in the said Division, this case came ^'"°'' on to be heard, and after the hearing thereof by the Judge in open Court the giving of Judgment thereupon was postponed by the Judge till the day of 18 , at the hour of at the office of the Clerk of this Court ; the case having since been maturely con- sidered by the Judge. It is adjudged &c. {according to Judgment). The Clerk will read this decision to the parties or t'ucir afrents, if present, and forthwith enter Judgment according to the Statute iu that behalf. )\ frt >'i lOff, i«s Dated &o. Judge. 402 GENERAL FORllS OF JULY, 1860. (70.) Order for New Trial. In the Division Couvfc in the County of [Stamp.] LET■tVEE^f A B , riaintiff, AND e D , Defendant. It is ordered, that the judgment rendered in this 142. cause, and all subsequent proceedings be set aside, and a new trial be had between the parties on [set out the terms or conditions, if any, on which the order is made.) Dated , 18 . Judge. ♦ , EXECUTIONS. (77.) Against Goods op Defendant. In the Division Court in the County of — No. , A.D. 18 . [Seal.] Between A B , Plaintiff, AND C r I> . Difendant, Seo. 135, rp. AVhereas on the day of A.D. 18 , the Plain- 64 and 05, tifiF, duly recovered in said Court, holden in and for said an no es. piyigjon, judgment against the Defendant for § for Sec. 24, page debt, and $ for costs of suit, which remains unsatis- Is"* J4^*i48** ^^*^ {when the judgment has been revived, add, " and on 165, 150,158. the day of A.D. 18 , the said judgment was duly revived,") you are hereby required to levy of the goods and chattels of the Defendant in the said County (not exempt frcm execution), the said moneys amounting together to the sura of ^ and your lawful fees ; so that you may have the same within thirty days from the date hereof, and pay the same over to the Clerk of this Court for the Plaintiflf. Given under the seal of the Court this day of , A.D. 18 . X Y , Clerk. To V. W. Bailiff of said Court. Judgment $ Interest Subsequent costs... ' This execution Levy the sum of § , and your lawful fees upon this precept. ISCO, UAU Jounty of — , Plainiijf. — , Defendant. ■•endered in this be set aside, and es on {set out the e order is made.) » Judge. 3NDANT. - County of — , Plaintiff, —, Defendant. 18 .thePlain- n in and for said ant for % for remains unsatis- I, add, " and ou 1 judgment was d to levy of the the said County lie said moneys and your lawful 3 within thirty e same over to day of , Clerk. nd your lawful GENERAL FORMS OP JUIA', ISfiO, (78.) AcATNHT Goods of Pi-aintiff. In the Division Court in the County of No. , A.D. 18 . Between A B , riaintiff, 403 [Seal.] C- Whereas on the AND — D , Defendant. day of , A.D. 18 , in Sep. i.-is, said Court, holden in and for said Division, judgment ?'•'•, '^■*'.*'/;'. was given for tlie Defendant, and for § costs {or .sI!,'.."4/p.i'};o judgment of dismissal was given, and % for Defend- -I'ji. Uilius" ant's trouble, and $ for costs), which remains un- ^'*'^' ^^^• satisfied — here fuUoio the last form of execution, to end, transposing the toords ^* riaintiff" and "Defendant" where they occur. (79.) On Judgment for Balance op Set-Off. In the Division Court in the County of - No. , A.D. 18 . Between A B , riaintijf, C- AND -D- -, Defendant. [Seal.] Whereas at the sittings of this Court, holden on the Rule 152 ; day of , A.D. 18 , at , it was ad- Kip. '^4, luge judged that the above-named Defendant should recover i|i']^ yo%. against the above-named Plaintiff the sum of $ , the residue of his set-oflF exceeding the Plaintiff's claim, together with S his costs of suit, which remains unsatisfied, you are hereby required {concbide as directed in last form). (80.) Execution undek 27 and 28 Vic. c. 27, where Judgment obtained against a Defendant resi- ding IN a Foreign Country. In the Division Court in the County of A. No. , A.D. 18 . [Seal.] {S'yle of Cause.) Whereas the place of sittings of this Court is nearest ruIcs :,, 148, to the Defendant's residence, and at the sittings of the Si<'. 24, i-nyo said Court holden on the day of A.D. 18 ,uiilol58. in and for the said Division, by judgment of the said Court the Plaintiff recovered against the Defendant under the provisions of the Act 27 and 28 Vic. Cip. 27 o '. i Mi ■ ''1 % i n 404 GENERAL FORMS OF JULY, 1869. $ for debt, with $ for costs which said debt and costs remain unsatisfied, you are hereby required to levy of the goods and uliattels of the D'- 3nd;mt (not exempt from execution in the said County of A or in the County of B (where the Defendant resides) the said moneys, &c. (conclude as in form 77.) (81.) On Transcript of Judgment from one Court to another. In th Division Court in the County of — • No. , A.D. 18 . Between A B , Plaintiff, AND Sec. 139, pp. 66 & 67, [Seal.] C- Whereas on the D- Defendant. , A.D. 18 , the Division Court in day of . Plaintiff duly recovered in the Secs.^24 and *^® County of , holden in and for the said Division, 25, page 293; judgment against the Defendant for $ for debt, and Kulo 108. ■$ for costs of suit (If the judgment was revived, use the following words, " and op the day of , A.D. 18 , the said judgment was duly revived") as appears by a transcript of the entry of such judgment attested by the seal of the Court, certified and signed by the Clerk thereof, and sent and addressed to the Clerk of this Division Court, pursuant to the pro- visions of " The Division Courts Act :" and whereas it appears, by certificate at the foot of the said transcript, attached, certified, signed, sent, and addressed as afore- said, that the amount unpaid on the said judgment is $ , which said transcript and certificate is duly entered in the book of this Court, therefore you are hereby required, etc. {conclude as inform 77). (82.) For an Executor on Judgment revived in nis FAVOUR. In the Division Court in the County of No. , A.D. 18 . Between A B , Executor of C. D., deceased, Plaintiff, [Seal.l E- AMD -F- -, Defendant. You are hereby required to levy of the goods and Rules 157, chattels of the Defendant (not exempt from execution) 1869. ch said debt and ■•eby required to Y" -sndaut (not |-nty of A defendant resides) nm 77.) ' FROM ONE Court County of defendant. ^P.- 18 , the ivision Court in le said Division, for debt, and teas revived, use day of ly revived ") as such judgment Sed and signed id addressed to lant to the pro- and whereas it said transcript, ressed as afore- id judgment is tificate is duly refore you are n 77). EVIVED IN nis inty of - r of C. D., , Plaintiff', \t. le goods and m execution) GENERAL FORMS OF JULY, ISOO. in the said County of the sum of $ , which C. D. in his lifetime in this Court {or in the Division Court, etc.,) on , recovered against the Defendant for his debt {or damages) and costs, and whereof it was on etc. in this Court {or the Division Court, etc) adjudged that the PlaintiflF, as Executor of the said C. i>., should have execution, together with your lawful fees ; so that you may have the same within thirty days after the date hereof, and pay the same over to the Clerk of this Court for the Plaintiff. Given under the seal of the Court this day of , A.D. 18 . X Y . 405 To V. W . Bailiff of the said Court. 'jue on Judgment $ Interest Subsequent costs This exe-jution Clerk. Levy the sum of $ lawful fees on this precept. besides your (83.) On Judgment Revived against Executor or Adminii^trator. In the Division Court, in the County of No. ,A.D. 18 . Between A B , Plainll/J: [Seal.l C- AND - D- — , Executor of E. F., deceased, Defendant. Yon are hereby commanded {or as before or as often Rnion ir,7 before) to make and levy by distress and sale of the "'"^^ ^^^• goods and chattels of E. F., deceased, in the hands of the said Defendant, as Executor {or Administrator) to be administered, the sum of , which the Plaintiff in this Court {or in the Division Court, &c.,) on , recovered against the said deceased in his lifetime for the Plaintiff's debt (or damages) and costs, and where- of it was on adjudged in this Court {or in the Division Court, eti?.,) that the said Plaintiff should have execution against the said Defendant as Executor {or Administrator) of the said deceased, to be levied of the goods and chattels of the said deceased, in the » V\ V'S 40C Sec Rnlos 04 to 70. GENERAL FORAtS OF JULY, ISOa Biiid Dofendant's hunds to bo admtnirtcred, top;etlier with the I'Oists of execution heroin, and your liiwlul fees ; so that YOU have the same within thirty days ai'icr the date hereof, and pay the .same over to the Clerk of tliis Court for the Plaintiff. Given under the seal of iho Cou''t this dtnf of 18 . X y , To V. W., Bailiff of the said Court. Judi^rnent $ Interest Subsequent cosis.... Q'his executiou Clerk. , be«id(!syuur Levy the sum of S own lawful fees upon this precept. N. B, Expi-.iil.ioii!^ vpoa ike jiiCiifs iu o-'lnir ram Ofialiuit K'Tciifoi's, hiaif he diawu from this Form, tciUi the rf.iinisiic alkrutions. In the Sep. 21, imge •l'X\ ; Itule 158. (8-1.) Against Goods of Tustator. — Division Court in the County of- No. , A.D. IS . Between A B- -, riuiiillf}: [Seal.l AND -D- -— , Executor or Administraior E. F., deceased, DrfeiuJanl. Whereas on tlio day of , A.D. 18 , the Plaintiff duly received, in the said Court, lioldon in and for said Division, judgment against the said Defen- dant as Executor (o/' Administrator) of E. F. deceased, the sum of $ , for a certain debt, with % , for costs, to be levied of the goods and chattels of the deceased ; failing such goods, the costs to be levied of the Defendant's proper goods and chattels, which said debt and costs were ordered to bo paid ab a day no'V past, and remain unsatisfied: These are therefore to command you, forthwith to make and levy, by distress and sale of the goods and chattels, which were tlio property of the said E. F. in his lifetime, in the hands of tlie Defendant to bo administered in the said County of , the said debt and costs, amounting together ISGO. m.-tored, ro^^etlier you rlii Willi fees. ••-y dfiysiiiic,. ,j,g tho Clerk of this (113 y. dinr of Clerk. , bojidos Jour ii^-i ill o!hitv cam I this Form, with GENERAL FORMS OF JULY, 18G0, to the sum of $ , together with tho costs of tliis execution; if the Defendant have so much thereof in his hands to be administered ; and if he hath not bo much thereof in hia hands to be administered, then that you levy of tho proper goods and chattels, of tho Defendant, in the said County of not exempt from execution, the said moneys and your lawful fees, BO that you may have the same within thirty days after the date hereof, and pay tho sa no over to the clerk of this Court for tho Plaintiff. X Y , Clerk. To V. ^7., Bailiff of tho said Court. Judf^ment ? Interest Subsequent costs This execution Levy the sum of S , besides your lawful fees upon this precept. 407 PTATOR. County of • ir Adniinistralor iised, Drjhulaiil. A.D. 18 , tho ourfc, holdon in the said Dofen- E. F. deceased, vith $ , for chattels of the to be levied of els. which said at a da_y no'v I'e therefore (o vy, by distress liich were tho , in the hands 10 said County ating together (85.) I\ REPI.EViy AGAINST PLAINTIFF WHEN ReTCRN OP Goods Adjudged with Damages and Costs. la tho Division Court in the Count of Between A B , Plaintiff', [Seal.] and C- D- -, Defendant. No. , A.D. 18 . Up n hearing this action of Replevin at a Court holden at in and for the said Division, on tlie day of A.D. IH , it was adjudged that the Plaintiff do return to tho Defendant the cattle (or the goods or chattels, as the case may he stating particulars thereof), in days , {as the case may be), *and also that tho Plaintiff should pay to the Defendant the sum of $ for damages ;" {omit the toords between the asterisJcs when there are no damages awarded, but the judgment is merely for a return and for costs); and also the sum of $ for costs of suit ; and the Plaintiff has not returned to the said Defendant the cattle, {or the said goods and chattels), {or paid the said damages and costs), theoe are, therefore, to require and order that without delay you cause the cattle {or goods and chattels), aforesaid Sep. 2l,pago •JiU ; Ituk'H 44, ICS, 408 Rule 02; See. 24, page 293; Rule 158. GENERAL FORMS OF JULY, 1800. to be returned to the Defendnnt, and that you levy of the goods aud chattela of the Phiintift", in the said Ci)uniy of (not exempt from execution), the said moneys, nmountini; together to the sum of $ , and your law. ful fees, 80 that you may have the same witiiin thirty days after tlie date hereof, and pay the same over to the Clerk of thia Court for the Plaintiff. Given under the Seal of the Court thia day of A.D. 18 . To V. W., Bailiff of the said Court. X Y , Judgment $ Clerk. Interest Subsequent costs This execution Levy the sum of. § , besides your lawl'ul fees on this precept. — ♦ — (8G.) AOA/NST GAKNIsnEE ON JdDGMENT ALREADr Uecuverei). la the Division Court in the County of Between A — B — , Plaintiff, "| Judgment recovered on and I the day of A.D. C — D— , Defendant, >• 18 , in the Division [Seal.] and Court in the County of E — F — , Garnishee. J Amount unsatisfied, tp • Adjudged against the Garnishee on the day of A.D. 18 $ . To V. W., Bailiff of the said Court. You are hereby required to levy of the goods and chattels of the Garnishee (not exempt from execution), $ money owing from him to the Defendant, and which has been attached to satisfy the judgment in this case ; and what you shall have done herein return with this writ within thirty days after the date hereof. Dated the day of ,"A.D. 18 . X Y , Clerk. im liatyoulovyoftiie » tlio Nai.1 C.mnty tijo said moneys , and your law! mo witliin thirty ^le samo over to n. *'»3 day of CJerk. esideayourlawlul MENT ALREADr »unty of nent recovered on . day of A.D. in the Division m the County of jount unsatisfied, gkkeral formb of july, 1800. (87.) Against Garnishee on Judgment Recovered AGAINST UIU AND PRIMARY DeUTOR. In the Division Court in the County of Between A B , Primary Creditor, ^ and C D , Primary Debtor, }- and I E F , Garnishee. J Amount adjud{»ed due from the Primary Debtor to the Primary Creditor the day of A.D. 18 , for debt, § for costs, $ [Seal.] Total sum, S Amount adjudged to the Primary Creditor for money owing from the Garnishee the day of A.D. 18 , $ To V. W., Bailiff" af the said Court. You are hereby required to levy of the goods and chattels of the Garnishee (not exempt from execution), S money owing from him to the Primary Debtor, and which has been adjudged to the Primary Creditor to satisfy his said claim against the Primary Debtor, and what you shall have done herein return with this writ within thirty days after the date hereof. Dated the day of 18 X Y , Clerk. 401) Riilo C2 ; Ht'c. 24, iinge L'it.'i ; lUle 108. the day of •f the goods and from execution), Defendant, and lie judgment in ne herein return the date hereof. -Y- Clerk. (88.) Against Primary Debtor and Garniphee. In the Division Court in the CoiT.ty of Between A B , Primary Creditor, and C D , Primarij Debtor, art'i [Seal.] E F , Garnishee. No, , A.D. 18 . -II 410 Sue L'4, 2li;i ; Uulo 158. p.ige 10 i Rule 62; Sec. 24, p. 293 ; Kule 108. OEIh'ERAL forms of JULY, ISGO. Amount adjudged due from tho Primary Debtor to the Primary Creditor, tho day of , A.D. 18 , for debts... $ For costs $ Total debt and costs $ Amount adjudged to the Primary Creditor for money owing from the Garnishee, the day of , A.D. 18 $ To V. W., Bailiff of the said Court. You are hereby required to levy of the goods and rliattels of the Primary Debtor, in the said ' './unty of K (not exempt from. execution), S above adjudged to be due to the Primary Creditor from tho Primary Debtor, together with tho costs of this precept, and your lawful fees in executing the same. And if BO much goods and chattels of the Primary Debtor be nut found in tho said County as will satisfy tho said judgment, then that you levy of tho goods and chattels of the Garnishee in the said County (not exempt from execution) $ (or so much thereof as may bo neces- nary to satisfy the said judgment) money owing from the Garnishee to the Primary Debtor, and which lias been adjudged to the Primary Creditor ; and what you shall have done herein return with this writ within thirty days after the date hereof. Dated tho day of , A.D. 18 . X Y , Clerk. — ♦ — (89.) For Garnishee's Costs. In tho Division Court in the County of No. , A.D., 18 . Between A B , Primary Creditor, AND [Seal.] C D , Primary Debtor, AND E • — F , Garnishee. To V. W., Bailiff of the said Court. Whereas at the sittings of this Court holdon on tlio day of , 18 , at it was adjudged that the Garnishee waa not indebted to the Primary Debtor, as claimed by the Primary Creditor, for $ for his costs to bo paid at a day now past, and the Primary Creditor has not paid tho same. I ISGP. lary [»••• tp !■•••• ^ $ litor $ f tho /roods and e said '.'^untyof )» 5 above Ted I tor from tho ts of this precept, 10 same. And if •imary Debtor be I satisfy the said oods and chattels lot exempt from as may bo neces- )ney owing from and which has ;_and what you this writ within Clerk. ST3. un ty of- — - 2J-y Creditor, 'nj Debtor, 'liee. lioldcn on tlio 3 adjudged that rimary Debtor, % for his i tho Primary (iKXICHAL roUMS OF JULY, ISdlV You are hereby required to levy of the Roodn and chattels of the above-named Primary Creditor in tho gftid County of (nut exempt from execution,) § for his said ccHts, toj^etber witli the coi • of tliis pre- cept and your lawful foes in executing tin same, and what you shall have dono heroin return with this writ witliin thirty days after the date h^i of. Dated this day of lU X i- — , Clerk. (90.) Execution undeu 293nD ano 20Gtii Sections ok THE Common Law Puoceduue Act. In tho Division Court in tho County of In the matter of the ouit in the Court of ((Jueen's Bench, or Common Pleas, or County Court of tho County of) [Seal.] Between A B , Plaintiff, 411 AND C- D- -, Defendant, AND E- F- Garnishec. To V. W., IJaililF of the said Division Court. You are hereby required to levy of tho go. Is and scp. lw, chattels of tho above-named Garnishee, in tho said w-'iuy. County of (not exempt from execution) $ ^^'InLrl' money, owing from him to the Dorondiint, which has iiuiu i;)V been attached to satisfy the judgment of the said Court in the said cau.^c, and which, by the order of tho Judge of the County Court of tho said Cuunty of , dated the day of , A.D. 18 , tho said Garnishee was ordered to pay to the Plaintifl". And what you shall have done herein, return with this writ within thirty days after tho date hereof. '1' ■»! Dated tho day , A.D. 18 X Y- Clork. i (91.) Execution against the Goods of Claimant on Interi'leadeu. In the — No. A.D. 18 Divisi'm Court in the County of m .^ J ■ ■ I ' { III 412 GENERAL FORMS OF JULY, 180D. Between A B- [Soal.] AND C D- -, riaintiff, See. 293 ; Form 71; Rule 158. — , Defendant, E. F., Claimant. Whereas on the day of , A.D. 18 , tlie 64 aiKioi)'^'^' Plaintifif duly received in paid Court, holden in and fur S(!c. 24, pago Baid Division, judgment against the Defendant for $ debt, and $ for costs of suit which remained unsat- isfied, {lohen the judgment has been revived add the fol- lowing icords: "and on the day of , A.D. 18 , the said judgment was duly revived") and the said moneys not being paid, an execution issued against the goods and chattels of the Defendant, under which cer- tain goods and chattels were seized, \IftJie Interpleader teas in respect to goods attached, omit all the ^irecediug after the xoord " Claimant," and sai/ in lieu thereof as follows: — " Whereas a writ of attachment was sued out of this Court {or issued by a Justice of the Peace) under ■which certain goods and chattels, etc., were seized and attached"] to which the above named Claimant made claim, and which claim came on to be heard and decided, upon Interpleader summons, at a sitting of this Court, held on at and at such last mentioned Court it was adjudged, touching the said claim, that the goods [or the goods, chattels and moneys, or proceeds of the goods, etc., {as the case maybe)] mentioned in the Inter- pleader summons {If only for a part of the goods, etc., add the words — "hereafter mentioned, that is to say" {here enumerate them)] were not the property of E. E., {the Claimant); and it was ordered that the sum of $ the costs of that proceeding, should be paid by the said Claimant to the Clerk in days, for the use of the said Plaintiff; and whereas the said sum of i? has not been paid, pursuant to the said order, you a.'> hereby required to levy of the goods and chattels of the Defendant, in the said County of (not exempt from execution) the said sum of § and your lawful fees, so that you may have the same within thirty days after the date hereof, and pay the same over to the Clerk of this Court for the Plaintiff. Given under the seal of this Court this day of , A.D. 18 . X- Y ' Clerk. To V. W., Bailiff of said Court. llSCi). Vlaint\(l\ \cfendant, |, Claimant. 'Iden in and for pendant for $ remained unsat- \ved add the fol ,A.D. 18 , ") and the said iucd against the nder which cor- 'the Interpleader II the jmcedinq » lieu thereof ds nt was sued out le Peace) under were seized and Claimant made ird and decided, ff of this Court, itioned Court it that the goods, proceeds of the led in the Inter- *" the goods, etc., that is to say" ^perty of E. F., ;lie sum of § Slid by the said the use of the m of has >rder, you a.'' nd chattels of (not exempt ^<} your lawful lin thirty days over to the GENERAL FORMS OF JULY, 1800. ^]^3 Judgment % Interest Subsequent cost This execution Levy $ , besides your own lawful fees upon this precept. — • — (92.) Execution under the Act Respecting Line Fences and Watercourses. Id the Division Court in the County of . No. , A.D. 18 . Between A B , Plaintiff. [Seal.] AND C D , Defendant. Whereas under the provisions of an Act of the Legis- Con. Stat, of lature of the late Province of Canada, 22 Vic. Chap. 57, Ji.;!:io''(s,;b: entitled "An Act respecting Line Fences and Water- sees. I'o, ii), courses," A. B., of the township of , C. D., of "',",'^^18- .h.', . the same place and E. F. of the same place sec. 24,'i"n<;o three fence-viewers duly appointed for the said town- 2n:$ ; uuie° ship of in the County of , having been ^^^• summoned by G. II., a Justice of the Peace in and for the County of and residing within the said town- ship, to ascertain the amount payable by the above- named Defendant, to the above-named Plaintiff, " for making his share of a certain fence," " watercourse " or " ditch," (aa the case maij be) in the said township of did on this day of A.D. 18 , make their determinatiou between the said Plaintiff and Defendant, of and concerning the same, and of and concerning the amount, the said Defendant should pay the Plaintiff as follows {here state the award of the fence- viewers,) and duly reported the same in writing under their, hands, to the said G. II., on the day and year aforesaid and the said G. II. did, on the day of in the year aforesaid, transmit the said determination to the Clerk of this Court, being the Division Court having jurisdiction over that part of the said townsh' of in which the said fence is situated, and did certify therewith that the costs of him the said G. II, with the Fence-viewers, bailiff's and witnesses' fees, amounted to the sum of $ which the Defgndant by the said dotormination was ordered to pay. 9 in m ... \i 1 i !■ 414 Sec 1C5 et scq. j)p. 80, 81, note (s); ICulos lUl to 103. GENERAL FORMS OF JULY, 18(50. And whereas tho Defendant did not pay to the PlaintiflF, within forty days from the date of tho said determination the said sura of § and costs, and tho same remain wholly unsatisfied, now therefore at tho request of tho Plaintiff, and in pursuance of the said Act, you are hereby required to levy of the floods and chattels of the Defendant, in tho said county (not exempt from execution), the said moneys amounting together to the sum of $ and your lawful fees ; so tiiat you may have the same moneys thirty days after the date hereof and to pay over tho same to the clerk oi this court, to tho Plaintiff. Given under the Seal of tho Court this day of A.D. 18 . X Y , Oleik. To V. W., Bailiff of the said Court, Judgment $ Interest Subsequent costs This Execution Levy this sum of. $ , beiiidos your lawful fees upon this precept. — ». — (93.) Wauuant of Commitment in Dsitault cf ArPEARANCE. In tho Division Court in the County of No. , A D. 18 . [Seal.] BETvviiiEN A B , Plaintiff. AND C D , Defendant. To V. W., Bailiff of tho said Court, and to all Constables and Peace Officers of the County of and to the Jailer of the Common Jail of tho said County of Whereas, at the sittings of this Court, {or of the Division Court for, etc.), holden at on the day day of 18 , tho Plaintiff, by the judgment of tho said Court, In a certain suit wherein the Court had jurisdiction, recovered against the Defendant the sum of S , for his debt {or damages) and costs of suit, which were ordered to be paid at a day now past : — And whereas the Defendant, not having made such payment upon application of the Plaintiff, a Hummous 1500. not pay to date of tho ....^ nd costs, and t'ho tliereforo at tho ance of tlie said of the goods and aid county (not meys aniountinir • lawful fcui ; so thirty da.vs after a mo to the clerk tus day of Cleik. besides your DEFAULT or )uaty of , PlainliiU'. — , Defendant. to all Constableti and to tho bounty of t, (or of the on the day iudgment of tho the Court had endant the sum d costs of suit, ay now past :— ing made such tiii', a tjummoua GKNEnAL'FoiOl:'; OK JlLy, ISr-.t. >va9 duly issued from and out of this Court, againsit iii« Defendant, by which summons tlie Defendant was required to appear at the sittings of this Court, liolden at on, etc., to answer such questions as might bo put to him, touching (id out as in the summons) :* And whereas it was duly proved, on oath, at the said last mentioned sittings of this Court, that the Defendant was personally served with the sa'd summons : — And whereas the Defendant did not attend, as required by such summons, nor allege any sufficient cause for net so attending : — And whereas it appeared to tho satis- faction of the Judge that such non-attondance was wilful, (or, " whereas the Defendant has failed to attend after being twice so summoned." And thereupon it was ordered by tho Judge of this Court that the Defendant should be committed for tiio term of days, to the Common Jail of the said County, according to tho form of the statute in that behalf or until he should be discharged by due couriso f law: — These are therefore to require yo"? the said °13ailiflf, and others, to take the Defendant, and to deliver him to the Jailer of the Common Jail of the said County : And you the said Jailer are hereby required to receive the Defendant, and him safely to keep in the said Com- mon Jail for the term of days from the arrest under this warrant, or until he shall bo sooner dis- charged by due course of law, according to tho pro visions of the Act of Parliament in that behalf: Vuv which this shall be your sufficient warrant. Civen under the seal of the Court this d:iv of A.D. 18 . X Y . 415 Debt and costs up to tho time of delivering of this warrant for execution $ Clerk. (94.) Warrant of Commitment after Examination. .Tn tho Division Court in the Countj' of- (As in last Form^ down to the. asterisk,''-' cundiale as fol- lows.) And whereas the Defendant having duly appeared Hoc u;,"> et at the said Court, pursuant to the said summons, was •'■''>' pn^'e 80 examined touching the said matters : And whereas it l„)ru'(l)?"^ appeared, on such examination, that [here insert the UuIm loi to particular ground of commitment in the lamjULuje used in ^^'' 416 Sec, 00, p. •Ill ill scq ! I I GF.XERAL FOIllIS OF JULY, 1800, the statute, e. g. "C. D., the Defendant, incurred the debt {or liabiiity), the subject of this action under false pretences" {or " by means of fraud or breach of trust")]; And thereupon it was ordered by the said Judge that the Defendant should be committed for the terra of days to the Common Jail of the said County, according to the form of the statute in that behalf, or until he should be discharged by due course of law : These are therefore to require you, the said Bailiff, and others, to take the said Defendant, and to deliver him to the Jailer of the Common Jail of said County ; and you the said Jailer are hereby required to receive the Defendant, and him safely keep in the said Common Jail, for the term of days from the arrest under this warrant, or until he shall be sooner discharged by due course of law, according to the provisions of the Act of Parlia- ment in that behalf; for which this shall be your suf- ficient warrant. Given under the seal of the Court this day of 18 . X Y . Clerk. Debt and costs up to the time of the delivery of this warrant of execution $ (95.) Warrant to Levy Fine upon Witness. In the Division Court in the County of Between A- [Seal.] C- B- AND - D- -, riaiiitiff, -, Defendant. Whereas at the sitting of this Court, holden on at , it was adjudged that II. II. was duly summoned to appear as a witness in this action, at a sitting of this Court [and also to produce {as the case may be)] ; that payment {or a tender of payment) of his reasonable expenses was made to him, and that he did not appear [or having appeared did wilfully refuse to be sworn and give evidence in this action (or to produce such, etc.)] : {uiJiere a tviiness in Court refuses to give evidence instead offoregoingt commence: "Whereas II. II. being before the Court at a sittings thereof, and called upon to give evidence, in the above cause, did wilfully refuse to be sworn and give evidence") ; And thereupon it was adjudged, that the said II. U. should pay a fine of $ , ■w 8011. t. incurred the tion under false mch of trust")]: aid Judge that the terra of unty, according alf, or until he aw : These are r, and others, to lira to the Jailer id you the said the Defendant, on Jail, for the er this warrant, )y due course of ) Act of Parlia- all bo your suf- his day of k Y . Clerk. GENERAL FORMS OF JULV, IStiH. for such neglect, (or refusal) in days : (or forth- with) : And whereas the said II. II. hath not made such payment : These are therefore (as before or as often before) to command you forthwith to make and levy by distress and sale of the goods and chattels of the said II. II. (not exempt from execution) the said fine and costs, amounting together to the sum of § and your lawful fees ; so that you may have the same, within thirty days after the date hereof, and pay over the same to the Clerk of the Court. Given under the seal of the Court this day of 13 . By order of the Judge, X Y . To V. W., Bailiff of the said Court. Fine $ Costs.. .^ Execution Levy the sum of $ lawful fees. — « — Clerk. , and your own 417 '' I f )N Witness. ity of Haintiff, defendant. . holden on duly summoned - a sitting of this ! may be)] ; that • his reasonable 3 did not appear se to be sworn :o produce such, s to give evulence •eas 11. II. being tnd called upon i wilfully refuse ;hereupon it was ly a fine of § , (9G.) Warrant of Comjiitment for Cuntemi'T in Oi-bn COLUT. In the Division Court in the County of To V. W., Bailiff of the said Court, and to all Constables and Peace Officers of the County of , and to the Jailer of the Common Jail of the said County of Whereas at the sittings of this Court holden on sec. 182, p. at it was adjudged, that E. F. did, then and there ^i ; sec. 184, in open Court, wilfully insult mo , Judge (or Deputy i'sJ|"p. 5^4'!' or acting Judge) of the said Court for did, in view of itui'es ibi to the Court, wilfully insult , Clerk, (or Bailiff) of loa- the said Court, during his attendance at such Court (or did unlawfully interrupt the proceedings of tho said Court)] ; And it was ordered, that the said E. F. should forthwith pay a fine of $ , fur such offence, and in defeult of payment, be committed to the Common Jail of the County of for days; And whereas the said E. F. did not pay tho said lino, in obedience to the said order : These are therefore to require you, the said Bailiff and others, to take tho said E. F , if ho shall be found withlu tho said County of , and p.. .m ^Jg GENERAL FoU.MH OV JL'l.Y. is.jO. duHver him to the said Juiler of the Coinimn Juil of the said County of ; And you the Haid Jailer are hereby required to receive the sivid E. F., and bim Bafely keep in the Common Jail afDresaid, fur the term of days from the arrost under this warrant, unless the said fine and costs, the costs ainountinji; to ? , and also the expenses attondin>r the commitniont : amounting together to the sum of $ , bo tjuoner paid. Given under my hand and seal this day of 18 . [L. S.] , Judge. Sealed with the seal of the Court, X— [L. S.] Clerk. Soc. 169, p. 82. 97.) Certificjtk for PrscnARGE of Custody. A Partv prok) In the Division Court in tlio County of No. , A.D. 18 . Between A B , Flaiiiii^. C- AND — D- I,X- — , Di'fendant. certify that the Defendant, now in your custody under War-ai^t of Commitment in tliia cause, haa, since the is-- ^ cf lo said Warrant, satis- fied the moneys fov Vc ■■ r. vynient whereof ho was so commited, togeth«>r ■ i': aii costs and charjijes in respect thereof; and li „Jd Dofendant may, in respect of such Warrant, be forthwith discharged from and out of your custody. Given under the seal of the Court thin day of 18 . [Seal.[ X Y , Clerk. To the Jailer of the Common Jail of the County of County of , ) (Jiere insert the coxiniy.) J 111'.). ;omra)n Jail „f > saiil Jailer are E. F., and him ill, fur the term kViirnint, unless titing to ? coinmitniont: be ijuoner paij. day of LL. S.] ' — , Jud^e. [L. S.] Y- Clerli. i Parti- frou) unty of — , Plainiiff. — , D<]fendanL fendanf, now in nitmont in tliis I Warnmt, satis- wheroof ho was and charges in i may, in respeot :ed from and out id day of r . CJerk. 3 County of OENEHAL FORMS OF JULY, 1860. ^j^f) TRANSCRIPTS. (98.) tllanscrlpt to anotiiek division couut of Judgment cndeii the Act of 1809. In the Division Court in the County of Between A B , Plaintiff, [Seal.] AND C D , Defendant On the day of 18 , a " Special Summons" ^^"■^^^^''^y- requiring the Defendant to answer the Plaintiff's claim sco!"25, pngo for a debt or money demand, amounting to $ , was 293, note (s), issued out of thin Court in this cause, with the par- Jof'^foij^iea. ticulars of the Plaintiff's claim thereto attached; on Form HI' (n),' the day of 18 , the Defendant was duly served rf^o'" i^s. with a copy of the said summons, and particulars of claim, and the Defendant did not leave with the Clerk a notice, as required by the statute in that behalf, that he disputed the Plaintiff's claim, or any part thereof, (or as the case may be), the said summons, and particu- lars, with an affidavit of the due service of each, having been filed, final judgment was entered on the day of A.D. 18 , by the Clerk, as follows : {here copy minute of judgment, and if judgment revived state the fact as in Form 100.) An execution issued against the goods of the Defendant on the day of 18 , and was returned on the day of 18 , nulla bona, {or as the case may be). Pursuant to the provisions of the Division Courts Acts, I, X Y , Clerk of the said Court, do certify that the above transcript is correct, and duly taken from the Procedure Book of the said Court, and that judgment in the above cause was recovered at the date above stated, viz., the day of IS ; and further, that the amount unpaid on said judgment is $ , as stated below. » Given under the Seal of the said Court the day of A.D. 18 . Amount of judgment... S Debt Costs Total $ Additional costs Do. interest X Y , Total ? Clerk. 420 GKXERAL FORMS OF JULY, 1800. Paid Amount due. To R. S., Clerk of Division Court, County of (99.) Transcript to County Court op Judgment under tub act op 1809. In the Division Court in the County of Between A- B- [Soal.] AND -D- -, Plaintiff, -, Defendant. The following proceedinga were had : — On the day of 18 , a. " Special Stivimom^' uafi'aKc'aCO requiring the Defendant to answer the Plaintiff's claim imd 70(111(1 for a debt or money demand, amounting to $ , wiis i"oT-i^"r' '^^^^^^ o"' ^^ *^'^ Court in this cause, according to the nnd 103; ^" statute in that behalf, with the particulars of the Plain- Form 62, tiff's claim thereto attached ; on the day of i>. 173. 23 ^ jjjQ Defendant was personally served with a copy of the said summons, and particulars of claim, and the defendant did not leave with the Clerk a notice, as required by the statute in that behalf, that he di.sputed the Plaintiff's claim or any part thereof, (or as the case maij be), the said summons, and particulars, with an affidavit of the due service of each, having been filed, final judgment was entered on the day of 18 , by the Clerk, as follows : {here copy minute of judgment, and if Judgment levived state the fact as in Form 100). On the day of 18 , a writ of execution on the said judgment was duly issued {conclude aa in last Form, omititng the address to the Clerk.) See Form C2, (J!^. B. — The above Form may be adopted, with the page 178, necessary alteration, for a Transcript to the County Court of a Judgment upon ordinary Summons.) (100.) Transcript of Judgment on Ordinary Summons FROM ONE Division Court to Another. In the Divinon Court in the County of Transcript of the entry of a judgment recovered on the day of , A.D. 18 , in said Court, holden in and for said Division in a suit numbered , A.D. 18 . ;,- !■ 11 son. , County of OP Judgment unty of - — . Haintif, efendant Kcial Siimmom" Plaintiff's claim g to $ , Wil8 according to tho ars of the Plain- day of ved with a copy f claim, and the 3rk a notice, as that he disputed _f, (or as the case iculars, with an ?ing been filed, day of 18 , luie of judgment, s in Form 100). execution on the I as in last Form, pted, witJi the ! to the County Summons.) NARY Summons NOTHER. nty of ; recovered on Court, holden lum bored GENEKAL FORMS OP JULY, 18C!». 421 Betvteen A- B- [Seal.] -, Plaintiff. AND C D- -, D(ifendant. Amount of judgment. Debt, $ CuStH, $ Additional costs, $ Total, $ Amount paid, $ 18 18 Total paid, $ Amt. due, $ Judgment for Plaintiff for Si^c iso, pp. $ debt, and $ costs of suit ; *'«&<>7: and execution issued on the day of , A.D. 18 returned on the day of , A.D. 18 {here state the return). [If the judgment was revived, add the following toords, " and on the day of , A.D. 18 , the said judgment was duly revived.") Pursuant to the provisions of " Tho Divi- sion Courts Acts. I, X: Y , Clerk of the said Division Court, do certify that the above tran- script is correst, and duly taken uf tho said Court, and that Kulu lUO ; and «'•'•. 25, p. •J!);i. note (a); " Kulo&r. from the procedure boo judgment in the above cause was recovered at the date above stated, viz., the day of , A.D. 18 , and further, that the amount unpaid on said judgment ia $ , as stated in the margin hereof. Given under the seal of the said Court this of , A.D. 18 . X Y- day To Clerk of the Divisioa Court in^the County of Clerk. (101.) In the - NOTICES. Op Trial bt Jury and New Trial. Division Court in the County of . Between A B , Plaintiff. C- and — D- -, Dtfendant. Take notice that this cause will be tried by a jury, sees. ii9, the Plaintiff (or Defendant) having demanded a jury J^Vi^gg"' therein, or take notice that the Judge has ordered a 1^2, (e>. '^'" new trial upon payment of oosta {or with costs to abide 10 m ' .'I ' "fl 422 GENERAL FORMS OF JUJ.Y, ISO!'. the event, or as the cnso may be) and has ordered tlie next trial to bo had before a Jury {or as the case maij he.) Dated this day of , A.D. 18 . Yours, &o., X Y . Clerk. To The above named Plaintiflf [or " Defendant.") Sccfl. 87, 00, 01. 93, ])i.. 45, 40, 47, and Uuk's 20, 21, 88 ; Se«. 2, pp. 270, 277, note (d). ! Rule 132. Rule 132. (102.) Fon Clerk's Notices to the Pl.\ixtiff. In the Division Court in the County of , No. , A.D. 18 . Between Plaintij)'. AND Defendant. 1st. Take notice that the Defendant* has given a confession for the full amount of your claim. Or 2nd. *Dispute3 your claim, or does not dispute your claim. Or 3rd. ^Disputes the following items of your claim, viz., (Jiere specif y the items set forth in the Defendant's notice to the Clerk), and admits the residue, and you are required forthwith to say in writing if you are willing to take judgment for the part admitted. Or 4th. *Will on the trial claim a set-off against your demand, and the particulars thereof are hereunto an- nexed. Or 5th. *'Will on the trial insist that your claim ia barred by the Statute of Limitations {or other statutory defence not herein specified). Or 6th. *\Vill on the trial insist that he is discharged from payment of your claim by the provisions of the Insolvent Act. Or 7th. *Will 'admit on the trial the 1st, 9th, 11th (or other) items of your particulars of account to be correct. Or 8th. *Will admit on the *rial the signing for en- dorsement], of the promissory note \or bill of exchange] sued upon, (or as the case may he), and denies the resi- due of your claim. ISOf. ms firaored tlie its (he case may Clerk. Defendant."; PliAIXTIFl'. unty of . PlaiiUi/)'. Defendant. has given a ;Iaim. oes not dispute g of your claim, the Defendant's sidue, and you ing if you are Iniitted. off against your e hereunto an- t your claim ia r other statutory e is discharged ivisions of the 1st, 9th, 11th iccount to be ligning for en- 1 of exchange] sniea tho resi- GEXERAL FOKMS 01-' JULY, 1300. Or 9th. *llas paid into Colli t the sum of !? .together with $ for cost.s of suit incurred up to tho day of such payment, in full satisfaction of your claim, which will be' paid to you upon demand at my office; and all pro- ceedings in tho action will be stayed, unless within three days after you receive this notice you signify to mo your intention to proceed for the remainder of your demand ; and in case you either accept or refuse tho snnie in full, you must give a written notice to that effect to mo within tho said three days, otherwise you will bo liable to pay to the Defendant such subsequent ccsts as he may incur in this action. Or 10th. *IIa8 pleaded that ho duly tendered to and offered to pay you before this action was brought tho sum of $ in full satisfaction of your claim, and lias filed a plea of such tender in my office, and paid that sum into Court, pursuant to the 87th section of tho Division Courts Act, and that sura will be paid to you, less one dollar, in case you do not wish to further prose- cute your suit, and all proceedings in the action will bo stayed, unless you signify to me within three days from the time you receive this notice, your intention to pro- ceed for your demand, notwithstanding such plea. Or 11th. *Will on the trial insist that you are not a duly certificated Attorney or Solicitor. Or 12th. •''■"Will insist upon the defence at the trial that tho note (or bill) you have sued upon, and which forms (part of) the particulars of your claim, was not duly stamped {or that the stamp was not duly can- celled) according to law. Or 13th. *Will insist as a defence upon the trial that you have not given the proper notice of action before suit to which the Defendant is entitled as a Justice of the Peace, {or Peace Officer), under Con. Stat, of U. C, cap. 120, or as a Bailiff of the Division Court, under the 193rd section of the Division Courts Act. Or 14th. ^Defends this action under tho protecting clauses of the Division Courts Act, viz., sections 192, 193, 195, 19G, 197 and 198. Dated the day of A.D. 18 . X Y , ■i'23 Scf M. R7 llli'l !M), li,i;^(S ■!.> itml U'l ; Hiik'SlL"J& IJU. Sec. S7. lu:;(i 4.'i, rwilc ('i) ; c Ci •CM .S. •SSi l;) y.j. yi Vic. c'lp. 'J, .sec. U. Cim. S!;it. of U.c.,>j'.)l : mill tii'r. li:l, ante )i|i. -17 & IS ; mill Sl'cm. I'.iJ it «■'/■> I']'- '•'•' C.I .t'-'i., and To Clerk. ' The above-named Plaintiff. 1 Jii 424 OENEUAri FOUMfl OF JUIA', ISiSy. (103.) Defendant's Notices to the Plaintiff on Ci.EUK. In the Division Court in the County of No. , A.D. 18 . Between A B , Flainiiff, C- AND -D- -, Defendant. Rules 88 & Vi-i. Take notice, that I will admit, on tho trial, the first, second and tliird items of the Plaintiff's particularH to be correct \or the signing and endorsement of tho promissory note sued upon {or as the case may be.)] or Take notice that I dispute the claim of the Plaintiff not •'(' J)^"^' ^"^ ^^^'^ specify all or any of the grounds of defence set forth in the Form for Clerks^ notices.) Dated this day of , A.D. 18 . Youre, etc., C D , Defendant. To the Plaintiff {or to tho Clerk of tho said Court). (104.) Confession of Debt after Suit Commenced. In the Division Court in the County of . Between A B , Plaintiff. and C D— Sec. 117, r- TlS iirnl note ill), 11. vn. — , Defendant. I acknowledge that I am indebted to the Plaintiff in the sum of $ , and consent that judgment for that amount and costs may be entered against me in this cause, according to the' practice of the Court. CD. Dated the day of , 18 . Witness , Clerk {or Bailiff.) (105.) Bond on Supersedeas to Warrant of Attachment. In tho Division Court in the County of . Between A B , Plaintiff. AND D- -, Defendant. Mil. Pf-AINTIFP on inty of - — laintiff, efcndant. trial, the first, 's particulars to pement of tho sre may be.)] or of tho Plaintiff Is of defence set Defendant, erk of tho s;ilj fiT Commenced. unty of , -, Plaintiff. -, Defendant. tlie Plaintiflf in Igmont for that net me in this !ourt. CD. LUUANT OF nty of . ■, Plaintiff. Defendant. GENERAL FORMS OP JULY, 18C0. 425 Know all men by these preaentH, that wo, C. D. of roc. 20a, p. tiwcrt jducc cf vaiidence nml add i I ion,] the above lOO. >efenilant,'K. F. of &c., and 0. II. of &o., are, and each of us l8, jointly and severally held and firmly bound to A. B., of &o., tho above Plaintiff, in the sum of S to bo paid to the said Plaintiff, his certain attorney, ezocutors, administrators, and assigns, for which pay- ment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, and eoch and every of us binds himself, his heirs, executors, and administrators firmly by thode Presents. Sealed with our respective seals, and dated the day of , 18 . Whereas the above named Plaintiff hath sued out of the said Court {or from a Justice of the Peace) a warrant of attachment against the goods and chattels of the Defendant, for the sum of and under and by virtue of the said attachment, certain goods and chat- tels of the Defendant, to wit : (specify j)roj)crty seized) have been seized and attached : and the Defendant desires, that the said warrant be superseded, and the property, so attached, restored to him under the pro- visions of the 209 Section of the Division Courts Act. Now tho condition of this obligation is such, that if the said Defendant, his heirs, executors or administra- . tors, do and shall, in the event of the claim, in the said cause being proved, and judgment being recovered thereon, as in other cases, where proceedings have been commenced against the person, pay the same, or pay the value of the said property, so taken and seized as aforesaid, tt) tho Plaintiff, his executors or administra- tors, or produce such property, whenever thereto required, to satisfy such judgment: Then this obliga- tion to be void — elso to remain in full force and virtue. CD., G. II., F., Sealed and delivered in presence of f ^ {Add affidavit of caption.) L.S. L.S. L.S. See Form 100, i.p. 427, 428. AFFIDAVITS AND OATHS. (lO'J.) Affidavit of Service op Ordinary Summons. In the Division Court in the County of Betwekn a 1^ , Plaintiff) C- D- and and E- F- -, Defendants, .1 ' 'I 'It i\\\ 42G Gr;KERAL FOIvMS OF JULY, 1SG9. Soos. W to T, V. W., Bailiff of tlio Division Coiirt in the so, jip. lOit County of (or " of the said Court") make oath hI;'."i()4.^?.' ^^'^ say, that I did on tlie day of , A.l). IS , 6'_'; Sc(\)8& duly serve each of tlie above Defendaiit?, or if hut one. Hull's s-'^'io ^^'"'-'"^ «^^''^ "C- ^- ^'»« of the Defendants/') with a & KiiiVFoiin true copy of the annexed sunimons and statement of 110, nutt(0. claim, by deliverin<» tlie same personally to each of the said Defendants, {or if Init one served, "to C. D. one of the said Defendants,") (or if the scrrice iras not 2'>ersonnl, state how and on wJiom served, sec D. C. Act, eec. 77,) and that I necessarily travelled miles to make such service. Sworn, etc. — W- iiiailiff. (Or, this form may 7)e vscd irhen the affidavit is indorsed on the summons.) „ ^^ . I swear, that this sammons and olaim therewith so, I'li. 40 fe were served by me on the day of , by deliver- 4i' ii()tc(<); ino; a true copy of both, personally, to the Dofendunt (or to the wife or servant of the Defendant, or to a j];rown up person beinjr an inmate of, and at the Defen- dant's dwelling) and that I necessarily travelled miles to do so. Si'f. 104. ] M ; Sec. IS & 10, 1). •;!•! ; Rules Sl>, 00 it !:«; Foiiu 110. Hole (/). Sworn, etc. ^V' Bailff. (107.) Affidavit of Service of " Special Sujuions." In toe Division Court in the County of . Between A B , Plaintiif. AND -D- -, Defendant. Rers. T5 to I, V. W., Bailiff of the Division Court in the said County of {or of the said Court) make oath and k'(/.;'seo.i04, Bay, that I did, on the d:iy of _ . 18 , duly ]). u-2;.sc'os. serve the above named Defendant with a true copy of "ov KuU's *^-'' Summons, Notices and Warnin;j;s therein, and tho ]s,i'o,oo,i:'.:?; particulars of claim therewith in this cause, by deliver- Form 1 10; ,;r,g w^q game personally to tlie pi.id Defendant, {or if p.'Ws!' " ' ^^'^ service teas not personal, state how and on ichom served, see the Act, Sec. 77,) and that I necessarily travelled miles to make such service. Sworn before mo at . this day of Clerk. 18 Y. W., BaillT Vr? 1 800. GENT RAL FORMS OF JULY, ISGO. 427 n Court in the It") make oath , A.I). IR 0)' if hut one. lants,") with !i ul statement of ly to each of the "to CD. one ^crrice iras not I seo D. C. Act, led miles to liailiff. e offidai-it is aim therewith , hy deliver- tlie Bofenditnt ndant, or to a id at the Defen- travelled V , BailfF. M\h Sujuroxs." tinty of . -, Plaint nf. ■, Defendant. ourt in the said nake oath and > J8 , duly a true copy of crein, and'tho Lise, by deliver- 'en dan t, {or if '>n wJiom served, !y travelled W., BailiT. Or ildsform may he nsed wJien the Afjidatit is indorsed) on i/ie Su7nmons.) I swear, that this Summons and the Notices and •TVarnini^s tlierein, and the particulars of claim there- with, were duly served by me on the day of , A.r>. 18 > by delivering a true copy of each to the is&i;i, ]). Defendant personally, (or if t/tescrvicciras not personal, '^Ijy,, '({"'jijlj. ttate Jioir and on ichoiu served, sec the Act, Sec. 77), lAiim'n'o'; ' and that I necessarily travelled miles to eiiect such 'I'l'L^''^'- ^. Eervico. Sworn before mo at this day of , 18 . Clerk. Si-rs. 7') to SO, ].. 40 ct sc'l.; siM'.104, 1>. SJ ; sees. 1'. L'TS. V. W., Bailiff. (lOS.) Affidavit of Execution op Confession. In the Division Court in the County of Between A B , Tlaint/f-] C- AND — D- Defendant. I, Clerk (or Bailiff) of the Division Court in the Src t^cc. 104, 11 JC* 1 1 q County of (or of the said Court) make oath and ' ^o, 5's', say, that I saw the above (or annexed confession) duly w- iio'te(i'). executed by the Defendant, and that I am a subscribinj;; ^^"•'^ ^'^'''^• witness 3reto, and that I have not received, and am not to receive anything from the Plaintiff or Defendant, or any other person, except my lawful fees, for taking such confession, and that I have no interest in the demand, sought to be recovered in this action. X. Y. (or V. W.) Sworn before me, &c. 4* (109.) Affidavit or ExECUTfON (Caption). lu the Division Court in the County of . Between A B , Flaintiif AND C- D- -, Defendant. T, 0. P., of the, etc. make oath and say that on Scr. 104, v- the day of , A.D. 18 , I was present and saw •J:-;:,a"'iil"lo G. II, and E. L. (as the case maij he) du?y sign and execute the annexed award (or Bond, or other instru- racnt). That the names G. II. and K. L. at the foot of tiio Kaid .award (or as the case man he) are of the profier handwriting of the said G. II. and K. L., and that the i ] li 428 GENERAL FORMS OF JULY, 186i». name 0. P. subscribed to tho parae aa the witness thereto is my proper handwriting. Sworn, etc. O.P. Sec. 104, p. 62 ; Rules 133 & 13 1. Con. S. U. C. c.ip. 33, p. 401. By 33 Vin. eap.l4.(0nt.) which comes into force on 1st Mardi, lS70,alliMT- soiis wlio are utnvilliiig to be sworn from con- scientious motives may, except in criminal cases, niake an aflirma- tion or declaration in lieu of an oath.* Sec. 131, p. 62, note (c). (110.) Forms op Oaths, &c. (a) To a "Witness at the trial who swears upon tlie Bible: "The evidence you shall give to the Court (and Jury sworn) touching the matters in question jjctween the parties, shall be the truth, the whole truth and nothing but the truth. So help you God." (b) To a Witness who swears with uplifted hand: Add to the foregoing after the last word ^'iruth,^' "and this you do swear in the presence of the ever- living God, and as you shall answer to God at the great judgment day. So help you God. (c) To a Jew: lie is to be directed to cover his head, the Pentateuch is to be opened and placed before him, then proceed as in tho first form, only make use of the name ^^JcJwvah'' instead of '* God.^' (d) To a Quaker, Menonist or Tunker, or other per- son allowed by law to affirm : The Witness is to be directed to repeat his name after the Clerk, and the following : " I, K. L., do solemnly, sincerely and truly declare and aifrm that I am one of the Society called Quakers," {or as the case ma;/ be,) after which, the affirmant repeating his name, " I, K. L., do solemnly, sincerely and truly declare and affirm that the evidence I shall give to this Court touching tho matter in question," etc. (e) To an Interpreter (where witness cannot speak English, or is deaf and dumb): " You shall truly interpret between the Court (the Jury), the parties in this cause, and the witness pro- duced. So help you God." (/) To a Witness sworn on Voire Dire: " You shall true answer make to such questions as shall be put to you, touching your interest iu the event of this cause. " So help you God." (g) To Jury called by parties: "You and each of you shall well and truly try the matters in diflFerence between the parties, do justice * The form given in the act is as follows : " I, , on , before me. J X. Y., CkrJc, etc. Or as the case may he. Tn the (111.) Affidavit op JuaTiFicATioN. — Division Court in the County of — Between Plaintiff, AND Defendant. We, (C, D. and E. F., of, etc.), the sureties in tag annexed bond uaioeii, do ecTerally make oath and sivv, as follows : First. I, deponent C. D. for myself, make oath and gay, that I am a ho.aer, residing at , and th;it I am worth property to the amount of over and above what will pay my just debts. Secondly. I, deponent E. F. for myself, make oath and say, that I am a holder, resir and above what will pay my just debts. C D , E F , GENERAL rOUMSI OF JULY, ISOf' 431 , ^^ «t , frtify that llio to said A. B., le same, and |;hereto in my llerh, tic. \ase may he. [tKAT THEP.r-'O. ^ely and truly Society cuued Fratrtini or Iso fiolem; ."y, follows, tuiit A. r tON. of dant. 'eties in tlio ath and say, ko oath and . find that over and \ make oath , and The al.ove named C. D. and E. F. wei-o severally sworn n„ip.s 133 1 efore 1110 at , in the county of , tho & i^^. day of , A.D. 18 . X Y , Clerk. (112.) AfFIDATIT of DlSHUKSrCMnNTS TO SEVEHAT. Witnesses. In the division Court in the County of Between A B , Plaintiffs 0- AND Dr fen dant. I, A. B., of , tho above I'laintilT, {or 0. D., the Rnio 147, above Defendant, or E. 1'., ajrctit for tho above Plaintill' i'"nii .iiscj or Defendant), make oath and say : lUi'icHiy!}' Ist. That the several persons whose names are men- ^'^*' tioned in tho first column of tho schodulo ut the foot hereof were necessary and niatorii.l witnesses on my behalf (or on behalf of the said Plaintiff or Defendant) and attended at the sittings of this Court on the day of , as witnesses on my behalf, (or on behalf of the said Defendant or riaintUf), and that they did not attend as witnesses in any other cause; (if oilicnciac, state the fact). 2nd. That the said witncfisofi nccossnrlly travelled in going to the said Court, the number of niih-s respectively mentioned in figures in the secoiid coldmn of the said schedule opposite to tho namo of each of tho said wit- nesses respectively. 3rd. That the several and respcotlvo sums of money mentioned in figures in tho tliird cohuiin of the said schedule opposite to the munos of tho said witnesses respectively, have been paid by me {or by the PlaintiiT or Defendant) to the said witno.'ifcs rcspeotively as in tho said schedule sot foith fi,r their utlendauce and travel aa witnesses in this craiho. A B . 'XU\ Sworn before me n^ (!i;m day of 18 X- Clerk. 'U .u: i;: O'^V; I 432 GENERAL FORMS OF JUhV, 18(30. SCHEDULE REFERRED TO IN THE FOREGOING AFFIPAVrr. Riilos ins ft siv/, ; Sf'c. 104 ]>. r>-2 ; Rules l;i3 & i;J4. Xiiini?a of WiliK'Ssiis. SlIlllR ]i,'li(l. (113.) Affidavit fok Revival of Judgjiext. In the Division Court in the County of — riaintijj] AND -D- -, Defendant. Between A- C~ I, A, B., of the of in the County of , yeoman {if the ({fh'dnrit he made hy the Plninthrs attorney or agent iciih the necessary alteration), make oath and say as follows : — Ist. On the day of , A.D. 18 ,1 recovered a judf^ment of this Court against the aV)ovo-naiaed Defendant for $ debt, and $ costs of suit. 2nd. No part of paid moneys so recovered has been paid or satisfied, and the said jud<];ment remains in full force {or *' the sum of , part only of the said moneys, has been paid, and the judgment remains in full force ns to the residue of the said moneys so recovered thereby.") 3rd. I {or " the said Plaintiff") am entitled to have execution of the said judgment, and to issue execution thereupon (for the auui of § ) as I verily believe. S-A-orn, etc. 'i.Y, 180!). UKOOLVG AFFIDAVn Slims ]i()''(i. L OF JUDGMKXT. 3 County of . , riaintiff, -, Defendant. 10 County of h the Plalntirfs f alteration)^ make )• 18 ,1 recovered the above-named costs of suit. •ecovered has been lent remains in full of the said moneys, ■mains in full forco Dcys so recovered im entitled to have to issue execution IS I verily believe. GENERAL FORMS OF JULY, 1S09. ^33 (114) BILL OP COSTS. UPON A CLAIM FOR SAY $20, Upon Sjiecial Summons to Judgment entered. Clerk's Fees — Receiving claim, &c i?(1 10 scr, iso, p. Issuing Special Summons 25 I'^'i i^f'. --. Copies of Process and Claim 20 l;•^t"i^^'^ Affidavit of Service and Oath 20 Entering Bailiff's Return 05 Notice of Admission 10 Entering FinalJudgment 25 Postages 05 Bailiff's Fees — Service of Summons 10 Attending to make return & proving 10 Fee Fund, entering, »fcc., 10c. hearing and order, 30c 40 Gth Oct., 18 .—Taxed costs at §1 80 X. Y., Clerk. UPON CLAIM FOH SAY $C0, DEFF.XDED, TRIED AND JCDGMENT ENTERED. Clerk's Fees — Receiving claim, &c $0 10 Issuing Special Summons, &c 35 Copy of Process and Claim 30 Affidavit of Service and Oath 20 Entering Bailiff's Return 05 Summons to Witness, 10c. ; 2 copies 10c 20 Entering Notice of Defence 15 Notice to Plaintiff, and postage 15 Entering Judgment 25 Bailiff's Foes — Service of Summons, 20c.; mileage 20c 40 Attending to Return and Proof..... 10 Service Summons on Witnesses.... 20 Mileage 50 Duties at Trial 05 Fee Fund— Entering, &c 40 Hearing and Order 1 30 $4 70 Allowed Witnesses 2 00 Oct. 18.— Taxed costs at §0 70 X, Y., Clerk. (»*■■ fA 43'i GENERAL FORMS OF JULY, ISGd, \ ii (115.) Clerk's Retcrn of E.MOM'jrnxTg, R'f. 41, r- Return of X Y , Clerk of tho Bivisinn 10; JiulcSS. Court in the County of , of all fees and enuilu. ments from first day of to the day of 18 , both days inclusive, made in pursuance of the Upper Canada Division Courts Act, section 41. ON WHAT. Rrcciviiig claim, nuin boring (ind filtering iu I'ro- cciliiri' Uuiil; iH.suiiig SuiiiinonH, with nee- ( Not exceeding SiiO. e.ss;iiy iKitii'i-'H tlii'roou or -J lOxcfcdiiig. ,. . iJiJO, Jiidgiiiciit Huiiiiiioiis ( Kxcci'ding .,. 8i>0, (For " Spi'cial Suiniiioiis," witli wariiiiig.s sul)- jiiiiii.Ml, SiiiiiiiKiiis ill lU'iili'viii or liiti'i'iilcadcr, or under the Garnislufc clause, 5 cents extra,. Coi.y of process or claim of /x„f ,.vcp,.,liii,r «>o set-otr, or other paper '•'> J k",, '^^Tj", "'^ S^o (|uired for service or trans- j f;;'^^ '"•••• %- : mission to J u.lge, each... It-Xceedni-.. .. JfCO. (Where the claim or set-olf exceeds 3 folios of 100 words in length, for every ad contains a full and correct .statement, in every ]iiirtici).ar, to tlie best of my knii\vlcd;!;o and belief, of tlio fees and emoluments of my office, received or rceeivalilo oa bubinesa duuo during the period abovo mentioned. X Y , ^'erk. Sworn before mo at , in the coupty of , this d'y of , 18 . 435 (lln.; List Of llNCLAiMEn Moneys Verified. Tiiwt (if unclaimed moneys paid into Court, (, to mo pre, 4n, p. as (!lcrk tliercil'. which roma.ii ur-Iaimed fur six years l"; KiiicS*. ending on the 31 -t day of Dec mber last past. Fur Avhoin or on vlvsu aicciniit ^Vlieu Style ar! No. oi Suit. Amount. !j ctn. I, X. Y., Clei 'v of the Divi.sion Court in tlie county of make oaib and say that '"the foregninp; return i's full nnd correct in every particular,* {or (/" vo moneys rcni'nii ynclaun d, inatcful of iJie matter between the asUrid's mj/, " ) o such moneys pnid into Court, or to me as CMevk tln.-.oof, remain unclaimed for six years next before 3Ut; day of December 1-st past.") kV.rorn, etc. X Y , Clerk. it"; 430 GENERAL RULES OF JULY, 1S09. BAILIFFS FORMS. (117.) Rki'i.kvix Bond. Know all men by these presenta, that wo, A. B., of Her. R. p. ^^-t ^V'. B , of (tc, and J. S., of &c., nro jointly and 204 ; l{iil"o40 peverally held and bound to V. W., Bailiff of the Division Court, in tho County of , in the sum of $ , to bo paid to the said Bailiff, or his certain attorney, executors, administrators or assigns, for which payment to bo well and truly made we bind ourselves, and each and every of us in the whole our and cacli, and every of our heira, executors and administrators, firmly by these presents, sealed with our seals, arid dated this day of , A.D., 18 . The condition of this obligation is such, that if tho above bounden A. B do prosecute his suit with effect, and without delay against C. D. for the taking c ,d unjustly detaining (or unjustly detaining, as the case may he) of his cattle., goods and chattels, to wit : [here set forth the property distrained, taken or detained), and do make a return of the said property, if a return thereof shall be adjudged, and also do pay such damages as the said C. D. shall sustain by the issuing of the writ of replevin, if tho said A. B. fails to recover judg- ment in the suit : and further, do observe, keep and perform, all orders made by the Court in the suit ; then this obligation shall bo void, or else remain in full force and effect. Signed, scaled and delivered in presence of ! A. B. L.S.' W.G. L.S. J. S. L.S. :^:i Sec. 8, p. 204 and uoto ffj. (118.) Foini OF Assignment to be Endorsed, if llEgUIUED. Know all men by these presents, that I, V. W., Bailiff of the Division Court for tho County of , have, at tho request of tho v.'ithin named C. D. (the Defendant), assigned over this replevin bond unto tho said C. D. pursuant to tho Statute in such case made and provided. In witness whereof I have hereunto set ray hand and seal of office this day of ,18 . Signed, sealed and dclivoicd in presence of 1 V. W. [Seal.l |we, A. r,,, of jointly ana of the tlie sum of |r liis certain Jna, for which [nd ourselves, >r and ciicli, iministrators, ir seals, niid that if tho I; with effect, taking c 4 as the case to wit : {here "Aained), and if a return uch dama;i;e8 suing of tho ecover judg- i^e, keep and Jesuit; then 1 in full forca B. G. L.S.] L.S.J L.S.J 3KSED, IP t I, Y. Vf., nty of , 1 C. D. {{he d unto tho case mado y hand and [Seal.] general rules of july, 1860. (119.) Baimff's Retukn to AViut of Rkplevin. In tho Division Court in the County of . Between A B , IHuintijf, 437 C- AND -13- -, Defendant. In pursuance of bpc. 11 of 22 Vic. cap. 20, and sec. sop ii, p. 5 of 23 Vic. cap. 45, I have taken from said Plaintiff a 'Mo, ituiu' bond, conditioned as by said acts required, made by him and two sureties, namely of the of in the County of , yeoman {or as the case may he), or, of the same place, {or as the case may he), which bond beard date tho day of , 18 , and is witnessed by Anu by virtue of the annexed writ to nie directed, I have sei/.ed and delivered to the Plaintiff the goods mentioned in said writ, that is to say {describing the goods hy numler, quantity and quality, or if only a part have heen replevied say, a portion of goods in writ mentioned, tliat is to say {describing them), and I cannot make replevin of the residue of said goods, namely {shmtly describing thtm), as by said writ commanded by reason of the same having been eloigned out of this country by the Defendant {or as the case may he). 40. •f (120.) Inventory op Goods Seized or Replevied. An inventory of property and effects by mo, this day gpc x\ p. seized (or replevied) in the Toionship of , by '2o:>(:m); virtue of a writ of («* the case may he) issued by A. B., ^^"'^''^(c). Clerk of tlio Division Court of the County of {or as the case may be) on behalf of E. F. against of C. D.: that is to siiy, one lumber waggon, etc. {stating all the articles seized). «« l^i Dated this day of , A.D. 18 V W- Bailiff, etc. (121.) Appraiser's Oath on A-^taciiment Cases. You, and each of you, shall well and truly appraise the property and effects mentioned in this inventory lui ' ,^,4,'. Jj) (holding it in his hand) according to tho best of your judguieot. So help you God. 438 Hoc. 201, p. lUl, uuU' 0). CKXnn.VL FORMS OF JULY, 1800. (122.) ArriiAisnMF.NT to iir. Endorsed on iNVF.N'-onv. AVe, B. n. nnd I>. T)., l)oin<»{luly sworn by tlio lliiililT, V. W., to appruiso tho property and cHocts montionod in tlio \vithin inventory, to tho l)est of our ju(l<;;nipnt, nnd liavinp; examined tlio same, do nppraiso tho saino at tho Bum of li^ Witness our hands this day of , A.T). IS 13. B. B. 1). — ♦- (123.) Notice of Sale. s n r") . ■^y ^'ft'ie f»f an execution issued out of tho Divi- VM, 'vv.'i(\, "'"'" Court for tlio County of , and to mo directed, 77, iioti.'3(i), against tho joods and chattels of , at the suit (.f ^"^^ , I have seized and talion in execution, one bay horpo. Sect. All wliich property ^Yill ho sold by public auction, at on the day of , 18 , at tho hour of o'clock in tho noon. V. Vi., BaillfT. Dated day of A.D. 18 . Sees. 135 ct sr(i. , ])1). Cti et sc'i. and notus. (12-1.) Returns to Executions, &c. (a.) Nulla hona. — Tho within Defendant {or Plaintiff) hath no jioods or chattels in tho said County of , whereof I can make tho moneys to be levied as within commanded. V. W,, Bailiff Dated day of A.D. 18 . (&.) Feci. — By virtue of tho within execution, I have made of the goods and chattels of the Defendant [or Plaintiff) the moneys within mentioned and have paid the same to the said clerk as within commanded. V. W., Bailiff. Dated day of A.D. 18 (c.) Part made, — By virtue of the within execution, I have made of tho good.s and chattels of tho Defendant {nr Plaintiff) S , and have paid tho same to the snid Clerk, and tho Defendant (or Plaintiff) hath no more goods or chattels in tho said County of whereof IxvnN'-onv. y the IJiiilii;; fH monfionoci «o tlio siuno , A.J). IS . II. 15. B. 1). tho Divi- niodireotcd, It the suit of ion< one bay •lie auction, 18 , at the v., BailiiT. tc. [or Plaintiff) tyof id as within ^, Bailiff Hon, I have Pendant (or i have paid ided. ., Bailiff. execution. Defendant to the Siiid I no more , whereof OF.xnnAr, forms of .iuly, irco. 439 T cm make tlie rcsidiu) of the naid monovt', or part ihorcof. V. W., liailiir. Dited dny A.D. 18 . "NViiKN Ri:nt Lkviki) nv Baimfp, {(1.) By virtue of tlio within eseontion, I have made Scps. irr, of tlio ^n'luh and clinttcla of the Plaintiff (or Defondant) ii;''j;„^,i'''','„P^' $ part whereof, 9 , I have paid to 0, B., landlord iilid notes! of said Plaintiff (<•'/' Pofi-n dan t) for one qnnrter'n rent in respect of promises when levy made ; ami a further part $ , I have retained as fees on execution. The residue S , I have paid to the said Clerk as within couunandcd. Dated day of A.D. 18 V.W., Bailiff. — *- (125.) Bond on Si'Izkuk 011 Sai-k or PKUisriAnLF, P]K)l'i:iiTV. In the Division Court in the County of . Between A B , rhcint[D\ AND - D- -, Defendant. Sen. 214, pp Know all men by these Presents, that we, A. B., lus, loy.' of (bmcrt 2>lnce of residence and addition) the al)ove named Plaintiff, E. F., of &c., and G. II. of &c. are, and each of us is, jointly and Bcvernlly held and firmly bound to C D., the above named Defendant, in the sum of $ to be paid to the Defendant, his cer- tain attorney, executors, administrators, and as8i;!;ns, for which payment, well and truly to be made, wo bind ourselves, our heirs, executors and administrators, and each, and every of us, binds himself, his heirs, execu- tors and administrators firmly by these Presents. Sealed with our respective seals, and dated thia day of , A.D., 18 . Whereas the above named Plaintiff hath sued out of the said Court {or from a Justice of the Peace) a Warrant of Attachment ai^ainst the pjoods and chattels of the Defendant, and hath requested that certain perishable property, to wit {f c - 9! '^i fl : a > o # p H U _ fe >< — £ -M "^ b S rt C g .a ►- a " .2 " ij ^ 5 rt -f T)S ^ £ *" -g! o I aii 2 - c I >-.2 2, 2 ss;ga«.9 g^ PQ o 'a a o to 2 to 2 is «* a> a § S £ S a ® P-T3 a. 2 00 -id ° o >^ . o f^ fQ -«= S -*d C9 a 00 po J- 5 -» I -"^ • J- tS QO '^''lo d-35 ■w >« 3 .Is tin 3 3 O » fl ^ ■w 5 > (H 3 a> .2.2 s-S "o .M v; E i* 7I.2 4, M c5 ^-v^ a 5tt a b M § ^ ^ £n ■s;.52 -'o § gfc 3^ "> 2 o « e a>* !. \Si o 2'? C3 ^^ o a TO m a 4.* Eh O > H P4 (A a d 77:; to c rj cr 5 5^ 2rJ a c o >■ ■<5 ^H o I d M 11 I o a a <» 441 .^ o o d u a .4.^ O C3 to a • »-* w ^ to Ti a e3 C3 o « 3J < TS fl a S 3 i r3 (3 » J3 e bove lar. int 8 . 1 .g 1 e 5 a r-t ^ 1 ;s in e befo y of H correct Sworn da »-4 14 m t ..■(i U2 GENERAL RULES OF JULY, ISO.O. Dated Is t July, 18G9. Approved. Jas. Robt. Gottax. S. J. Jones. J). J. Hughes. James Daniell. Jas. Smith. Wm. B. Richards, C. J. John II. Hagartv, C. J. C. P. Adam Wilson, J. John W. Gwynne, J. Thomas Galt, J. \i iS(;o. ROBT. Go\rA\, Jones. . Hughes. is Daniell. Sinin. INDEX. ■:' I Abandoning Excess, 818. Abatement — Where one of plaintiflFs or defendants dies before judgment, suit not to abate, 351. Where one of plaintifiFs or defendants dies after judgment, pro- ceedings may be taken by survivor, &c., 351. Abode, Place of — Of garnishee, where summons to issue, 285. Of parties to be stated in claim, 316. See Adjoining Division, 319, 342. Absconding Debtor — See Attachment against, &c. 324. When several attachments issued against, 824. Form of afiBdavit for attachment, 370. Attachment against, form of, 371. Acknowledgment of Debt — See Confession. Act — See Sections. Action — For debt or money demand, 276. Commencement of, what, 318. Discontinuing, in replevin, 826. Discontinuing in other actions, 346. Actions — Against oflBcers and sureties, particulars in, 317. Against officers and sureties, form of particulars, 374. Address of parties to be left with Cierit, 342. Adjacent Division — Leave to sue in, 319, 342. Leave to sue in, form of affidavit for, 367, 3C8. Adjoining Countt — Defendant living in, when special summons returnable, 319. Where none of defendants reside in, when process returnable, 819. Adjournment — Judge may adjourn garnishee cases for certain purposes, 290. Of suit, no formal order necessary for, 347. Of suit, where practice not complied with, 347. Of suit, for particulars or further particulars, 817. Administrators — See Executors. Admission — Of part of plaintiff's claim, notice of, 345. Of part of plaintiff's claim, form of, 422, 421. ■ ' 4M INDEX. Admission — Continued. Of part of plaintiflF's claim, effect of, on costs, 345. Of debt signed by garnishee, form of, 394. By defendant of signing or endorsing note, &c., denying residue of claim, notice of, 422 (8). Advf.bse Claims — To debt due by garnishee, duty of Judge to inquire into and decide, 289, 290. Affidavits and Oaths — Ilequisites of, 845. Afpidavit — For leave to sue in adjacent division, 319. For leave to sue in adjacent division, form of, SG7, 3G8. For attachment, 324. For attachment, form of, 370. For order to garnish debt, requisites of, 327. For order to garnish debt, form of, 389. To obtain Judge's order for "writ of replevin, form of, 372. To obtain writ without order in first instance, form of, 373. Of service of ordinary summons, form of, 425. Of service of special summons, form of, 426. Of service of special summons, to be filed before judgment en- tered, 278. Of execution of confession, form of, 427. Of execution of any instrument, form of, 427. And oaths to witnesses, jurors and others, in court and before arbitrators, &c., forms of. 428, 429. Of justification by sureties, form of, 430. Of disbursements to witnesses, form of, 431. For revival of judgment, form of, 432. Of Clerk's return of emoluments, form of, 434. Of list of unclaimed moneys, form of, 435. Appraiser's oath, form of, 437. To bailiff's return, forms of, 426, 427. Form of jurat to, for UUterate person, 430. Form of jurat to, for Quaker, &o., 428, 429, 430, Form of oath to witnesses before arbitrators, 429. Affirmation, Form of— fifee Affidavit, 428, 429, 430. By Quaker, &o., 428. By persons unwilling from conscientious motives to be sworn, under 33 Vic. cap. 14 (Ont.), marginal note, 428. Form of, in latter case (note at foot), 428. Affixino Stamps — By Clerk, 355, 356. Aqents — Clerks and bailiffs not to act as, 837. Alooma, District of — Rules to apply to, 854. Alias — Summons to be dated, date of issue, 318. INDEX. 41-5 >. Dying residue uire into and 3G8. of, 372. of, 373. udgment en- t and before bo sworn, Allowance — To witnesses, scale of, 350. To witnesses, scale of, form of, 360. Amendmrntb — Where mistake in name, &o., in sammona, 817. On proceedings by special sammons, 322. Where special summons issued instead of "ordinary," 333. Where vice versa, 338. Defendant's name to bo struck out where necessary, 338. Where defendant improperly joined, 338. Where chose in action sued on by assignnee substituting name of real plaintifiF. 338. Where plaintiff suing in own right instead of in representative character, or vice versa, 338, 841. How set-off and other matters affected, 338, 341. Where name or description of plaintiff insuiHcient, <&o., 339. How set-off and other matters affected, 339. In actions by or against husband where wife improperly Joincl or omitted, 339. ' How set-off and other matters affected, 339. Where greater number of persons made pits, than required, 339. How set-off and other matters affected, 339. Where less number made plaintiffs, 839. How set-off and other matters affected, 839. Where more have been made defendants than required, 340. How set-off and other matters affected, 340. Where several persons made defendants and all not served, 310. How set-off and other matters affected, 340. Where name or description of defendant insufEcient or inc^r. rect, 340. How set-off and other matters affected, 340. If no objection taken, cause to proceed, 340. Where person other than defemlant appears at trial, and admits he is person intended to be charged, 840. How in such case costs of defendant affected and cause to pro ceed, 340. Where party sues or is sued in representative character, who ought to have sued or been sued in own right, 341. ' How set-off, &c., affected, 341. Where variance appears at trial, 341. Judge may always amend errors and defects in proceedings, 341. Costs in such cases, 841. In case of corresponding amendments to bo made by Clerk in proceedings, 841. Subsequent prooeodings to be in conformity, 341. Appeals— From Court of Revision, costs of, 350. Application — Of bailiff for interpleader, 824. It I 446 INDEX. Appiioation — Continued Of bailiflf for interpleader, form of. 375. For judgment summons, 317. For judgment summons, form of, 381. Appointment — Of Board of County Judges, 292. Of umpire to be endorsed on order of reference, 387 («)• Arbitrators, for meeting on reference, 387 (A). Appraisers — Fees to, under warrant of attachment, 360, Form of oath, 437. iVP; RAISEMENT — To be endorsed on inventory, 438. Arbitrator — Order of reference to, form of, 387. Form of oath to be administered by, to witness, 429. Award of, 388. Summons for witness to appear before, 389. Attachment against Absconding, &o.. Debtors — Form of affidavit for, 370. Form of, 371. ■When several defendants, each may enter defence and call and examine witnesses as to other creditors' claims, 324. When hearing to be when defendant not personally served, 324. Fees to appraisers, 300. Bond on supersedeas, 424. Forms of appraiser's oath, 437. Bond on seizure or sale, perishable property, 439. Attachment Book (Debt) — Entries in, 329. Form of, 360. Attachment op Debts — Procee.Ungs for. See Garnishee. Attaching Order — EflFect of service of, 282, 287. Form of. See Garnishee, 295. Attorney or Solicitor — Form of notice by defendant that plaintiff not certificated, 423 (11). Award — Clerk to enter judi^ment on, forthwith, 351. Of arbitrators, 388. Judgment on, 390, Affidavit of execution of, 427. Bailiffs — Application for interpleader, 324. Application for interpleader, form of, 375. Costs on interpleader, case dismissed, 325. Duties in replevin, 320, 327. Ba ■it ^; INDEX. 447 7 («). niid call and 24. erved, 324. certificated, Bailiffs — Continued. Duties in reiplevin, forms, 436, 437. Trocess book, 335. Process book, form of, 441. Returns, 336. Returns, form of, 441. And sureties, particulars in actions against, 374. Liability of sureties for neglect or default of, 291. Execution of process from other divisions, 291. To be performed as required by Act of Parliament and by rules of Board of County Judges, 293. On special summons, 319. On garnishee summons, 317, 328. On replevin summons, 326, 327. To serve summons from foreign divisions and make return forth- with under rule 90, 333. When to serve ordinary summons, 333. When and how to serve under 160th section, 334. To make return of summons in six days, S' i I .^n 4G2 INDEX. Money paid into Covrt— Continued. Payable at clerk's oflico, 353. Not to be sent to clerk of another court without pliiiiitiff's order, 853. MUSKOKA — Kules, orders, &c., to apply to, 365. Names of Parties — To appear in full, 316. New Trial — In interpleader, 293. Practice on application for, 347. Order for, 402. Notice of, 421. Judge may order to be before jury, 318. Nearest Sittings to Defendant — Statement in claim, 317. Next Friend — Of infant undertaking by, 342. Of infant undertaking by form of, 307. Non-appearance — Garnishee proceedings, clerk's memorandum of, 394. Non-suit — Judgment of, to be rendered where defendant's set-off exceeds rlaintiflf's claim, 290. 1^ mute of judgment of, in Procedure Book, 395. Power of Judge injury cases to, 341. Costs of, where suit discontinued, 846. Notice op Action — Form of notice that no notice of action received, 423. Notice of Set-off — See Notices, Clerks, &c., 320. Forms, 422, 424. Notices, Defendant's — Where Judge grants leave to defendant to dispute claim, notice to be served, 278. Of defence, effect where none given, 276 to 278. To plaintiEF or Clerk of admission of certain items of plaintiflPa claim, 424. Of disputing whole or part of plaintiflf's claim, 276, 278. Form of, 424. Showing other grounds of defence, 424. Clerk's, of trial by jury, 421. Clerk's, of new trial granted, 421. Clerk's, of confession given, 422. Clerk's, where defendant disputes claim, 422. Clerk's, where defendant does not dispute claim, 422. Clerk's, where defendant disputes certain items, 422, Clerk's, where defendant claims set-oflP, 422. Clerk's, where defendant sets up Statute of Limitations, 422. Clerk's, where defendant sets up discharge under Insolvent Acts, 422. ithout pliiiiitiff's s set-off exceeds >. , 423. 0. ute claim, notice 78. ems of plaintifFa 276, 278. . 422. 422. litatious, 422. aader lasolvont ISDEX. 403 Notices, &c. — Continued. - , . Clerk's, -whore defendant admits certain items of claim, 422. Clerk's, vliere defendant admits making bill or note, 422. Clerk's, where defendant pays into court, 423. Clerk's, where defendant pleads tender, 423. ., . , i. Clerk's, where defendant pleads that plaintiff not certificated at- torncv 423» Clerk's, where defendant pleads that bill or note not stamped or stamp not cancelled, 423. ..„,., , . Clerk's; where defendant pleads that plaintiff did not give notice of action, &c., 423. . .. , „- Clerk's, where defendant defends under protecting clauses of Act, 423. Notice— „ , - • oia On special summons, at foot of warning, m J. Of admission of part by defendant, 345. Of admission of part by defendant, form, 422. Of admission of part by defendant, how to be served, 6ib. Of set-off— 5ee Statutory Defence. Of set-off— /See Set-off. Oaths and Affibmations, &c. — Requisites of, 345, 428. IIow to be administered, 345. See Affidavits, and different titles throughout Index. Officers' Fees — Tariff of, 354, Forms, 357, 358, 359. And sureties, claim on suit against, 317. Form, 374. See Clerks— Bailiffs, 332 to 337. Old Proceedings — How continued, 315. Ordinary Summons — To appear, 318. Form of, 376. Service of, 333, 335. Affidavit of service of, 425, 426. ^^" Wh^re Judge gives leave or orders a thing to bo done, to be minuted in Procedure Book, 341. Judges, where money payable under, 351. Reviving judgment to appear in transcript, 3o be adjourned be adjourned, to 342. 86, 287. ling plaintiff's t against pri- IXDEX. 465 PllIM AUY CllKDITOR — Conthlllcd. May attnch nnd recover debt duo by garnisheo to primary debtor, 281. Proceedings by, where claim a judgment, 281 ef srq. I'rocetnlings by, where claim not a judgment, 285 ei seq. To give security when Judge orders, 289. Affidavit to bo made by, for garnishment of debt, 327. Form of, 389. Application by, to be ex parte, 327. Warning 1o be endorsed on order, 327. Warning, Form of, 390. Where he proceeds on a judgment in another court, trnnscript of judgment tt bo filed with Clerk before issuing summons, 328. Peimahy Debtor — What, 281. Judgment against, not to bo given until summons, &c., filed with affidavit of service, 288. In all cases to be served with garnishee summons, 284, .323. If not served. Judge may adjourn case until service, 328. Judge may order substitutional service of summons, 328. If he does not appear after service, judgment by default may b'.^ given, 328. Where judgment against, in another court, transcript of judg- ment to be filed with Clerk before issuing summons, 328. Summons to, and garnishee after judgment, 391. Minute of judgment in Procedure Book, of judgment against, and garnishee, 393. Pluries Summons — To be dated when issued, 318. Postage and Registration of Letters — To be costs in cause, 349. Postponed Judgment — Under section 106, 401. Practice — When not complied with, Judge may adjourn suit on tcrnif, 347. In setting aside or staying proceedings for irregularity, 319. Priority — In garnishee proceedings, 282. Procedure Book — Form to be used, 332, 350. Form of, 3G0. Where court gives leave or orders a proceeding, minute to ba made in, 341. In such case no formal order necessary, 341. To be transcript of Judgment Book, 353. See Judgment, Minute of, 392 to 401. Proceedings — Former, continued, 315. Process Book — Bailiffs, 335. Bailiffs form of, 441. 12 !i I: 460 INDEX. rilCCKSS — Uarlor seal to be signed by clerk, 818. First, to bo cotntnencemeut of action, 318. rirst, in ccrttiin oases, 318. How to bo stamped, 818, 345. How to bo stamped in interpleader and replevin, 346. Not to issue on judgment more than six years old without leave of Judge, unless payment made within twelve months, 852. rnoMissoiiy Note — Notice by defendant admitting signing or endorsing and denying residue of claim, 422. Court no jurisdiotioa where consideration a gambling debt, &o., 342. Proceedings on, by beneficial plaintiff where seized in execution, and form, 318. rROTKCTINQ CLAUSES — Form of notice that defendant defends under, 423. Putting off — Trial before hearing, 347. Trial before hearing, costs in such case, 347. Quaker — Form of affirmation to, 428. Reference — Order of, to arbitrator, 387. Appointment for meeting under, 387. ]']nlargement to bo endorsed, 388. See Arbitrator. Rkmotb County — Defendant not residing in adjoinin'^ returnable, 819. IiKMoviNQ Debtor — Attachment against, 324. ISknswal — Of executions, 293, 352, Of warrants of commitment, 387. PiENT — Landlord's claim for, 824. Landlord's claim for, Form of, 375. Return, when levied by bailiff, 438. Replevin — Summons in, 818. Summons in. Form of, 379. No other cause of action to be joined in summons, 325. Where distress for rent and defendant succeeds. Judge may find value of goods distrained, 325. Where distress for rent, if value less than rent, Judge may find value, 325. Where distress for rent, if rent less, judgment for amount of rent, 325. ffheu specia' "ummons 0. nrithout Icavo nths, 352. and denjiug ubling debt, ia ezocution, INDEX. 407 3ia! sumtnona 125. Ige may find igQ may find r amount of BkI'Levin — Continued. Where distress for dnmnrfc feasnnt nml Jefiintluiit succeejs, 3J5. Ju(])rincnt in, in ordinary notions, 8.i(). Judgment in, in ordimiry, t'oruis of, 3'.)9. I'nyment into court in (lisconfinuing uction, &o., 320. IJiiiliff's duties in action of, 320. IJiiilitr's return of Hunimons in, 320, 327. Biiilifl"9 return of summons, forms, 430. Bailiff's inventory of goods replevied, form of, 437. Hiiiliff'a return of property eloigned, 327. Fees to t\ F., stamps, &c., in. 3 40, Aflidiivit to obtain .Judge's order for writ of. 372. Affidavit to obtain writ of, witliout order iu first in.'«t(Uice, 373. Claim in, form of, 373. Execution against plaintiff in, when return of goods adjudged with damages and costs, 407. Bond, form of, 430. Bond, Assignment or', 436. Appraiser's oath, 437. Replkvin Bond. 320. Form of, 430. Assignment of, 436. Where cancelled by consent and damages paid into court and accepted, 320. ■Rbsidrncb— /See Abode, 810. Ketukn — Clerk's, of emoluments, 434. Clerk's, of unclaimed money, 334. Clerk's, form, 435. Bailiff s, of process, &c.—5ee Caiuff'8 Dunts, 411. Beturn Day — Of special summons, 270, 319. Garnishee proceedings, 280. Of summons in replevin, 320, 327. Form, 437. Returns — Under sections 18 & 19 (1809) to bo made to Clerk by whom process issued, 323. Revival op Judgment— To appear in transcript, 353. Bevivinq Judgment — ... During lives of parties not necessary before expiration of six years, 352. After six years, 352. After six years, affidavit for, 432. Against executor, summons for, 384, 385, 399. For executor, summons for, 399. Reviving Proceedings — On speci.al summons where judgment not entered by Clerk on default iu one month, 323. >■ Ji. 408 INDEX. Eevision, Court of — Cc -ts of nppeals from, 350. Rules an'» Ouukus — When to come iu force, 315. SCHEnCLK — Of Olerk'a fees, 354. Of Clerk's fees, form, 357, 358. Ot bailiff's fees, 354. Of bailiff's fees, form, 359. To affidavit for leave to sue in adjoining division, 3G8, 309. Seal — Process under, to be signed by Clerk, 318. Section — 41, Clerk's returns, 333, Form, 434. 43, Unclaimed moneys, 334. Form, 435. 72, Adjacent division. 319, 842. Form, 367, 308. 81. Defendant to avail himself of set-off, 851. 87, Payp ent into court and teiuler, 344. 88, Payment into court or tender, notice to clerk by plain- tiff, 344, 90, Payment into court, 320. 344. 91, Payment into court, notice of, 344. lOG, Po'ioned juiljrment, 349. r '.poned judgment, form of, 401. 109, When judgment tD be entered on award, 351. 110, in. Arbitration and award, 351. 137, Execution in another county, 353. 139, Transcript of judgment, 353. 142, Transcript to County Court, 353. 152, Chose in action seized in execution, 318. IGO, Judgment debtors, 317. Form, 381. 2, Act of 18G9, entry of judgment, 350. t), Act of 1800, proceedings under (garnishee), 327, 328. Forms, 389, 390. 14, Act of 1869. application under, garnishee, 328. 15, Act of 1869, bond to 'je executed by primary creditor to clerk for repayment, 329. Form, i)93. SECrnrxT — By primary creditor when judge orders, 289. Securities of Officers — Form of particulars, 374, 5ibn /— Statuioet defence. SeveeaIi Defbnda- ts— And all not served, 820, 821. And some do and some do not dispute claim, 321. SOLICITOE — Form of notice by defendant that plaintiff not certificated, 423. Special Summons — When to issue, 276,819. Form of, 377. Service of, 319, 885. Affidavit of service of, 426. When returnable, 276, 319. If not served in time new warnings to be added by clerk, 319. When judgment may be signed, 320. When judgment may be signed some defendants in defauU, 821 . When more defendants than one, and some make default and others confess, judgment against all, 321. Form, 395. Judgment on, where two or more defendants served on differeut days, 822. Where one or more of several defendants put in defence, action to proceed as in other cases, 322. Judgment to be signed against all when action determined, 322. Any defendant in default when let in to defend, 322. I2ia 470 IVDEX. Speciai Scmmoss — Contimicd. Where defendant in default glvCB confession plaintiff may elect ns to judgment, 323. Judgment by default to be entered in one month from return, 323. Form, 895. If month passes, suit not to abate, 323. May continue by alias summons, 823. Judgment to be entered in form prescribed, 823. Form, 395. Execution to be issued in form prescribed, 823. Form, 402. Execution under section 18 (1869), executed out of dlTision to be directed to any bailiff of same county, 323. Execution cannot be issued to bailiflFin another county, 323. lleturns under sections 18 and 19 to be to cleric who issued pro* cess, 323. When is.sued instead of 0bdikar7 may be amended, '^SS. Spirituous Liquors — Drunk in tavern, &c., 842. Stamps — Process, what to be stamped and how, 318, 345. How to be afHxed to subsequent proceedings, 345. In replevin and interpleader, 346. Cancellation of, 355, 356. Notice by defendant that these not affixed to note or bill, or not cancelled, 423. Statutes — See Sections. 32 Vic. cap. 23 (1869), 275. 27 & 28 Vic. cap. 27, where plaintiflF sues in court nearest de- fendant's residence, what claim shall state, 317. Form of execution, 403. Of limitations, continuance of process to save operation of, 343. Of limitations, notice by defendant that claim barred by, 422. Statutory Defence — Notice of, to be deemed notice of disputing plaintiff's claim, 320. Defendant to give notice to plaintifl and clerk, 343. Staying Proceedinqs — Practice as to, 349. Order or judgment, &o., 349. Striking out Defendants — V'liere some succeed at trial on special summons, 322. SuBPCENA — See Summons to Witness, 350. SUBSTlTUTIONAt SERVICE IN GARNISHEE PrOCEEDINQS — ■ Judge may order, 327, 328. Suggestion — On devastavit on original summons, 829. Form, 385. Under 27 & 28 Vic. cap. 27, 317. Suitor's Money — How and when payable, 352, k '"> ntiff may elect )m return, 323, ; of dlTision to mnty, 323. ho issued pro* d, 038. ! or bill, or not irt nearest do- sration of, 343. red by, 422. Of's claim, 320. 3. 322. s — INDEX. 471 SflTon's lloJ^KY—Contimtcd. Clerks to make letura without order, if unclaimed, o34. Form, 435. Supersedeas — Bond on. to vrarrnnt of attachment, 424. Supplementary Rulb— Concerning stamps, 855, 856. Summons — Ordinary, 318, 338. Ordinary, service of, 333, 835. Ordinary, service of affidavit of, 425. Special — See Special Summons. In replevin, 318. Alius and pluries, 318. In replevin, form of, 370. In replevin, service of, 326, 335. In replevin, not to be served until property replevied, 32G. In replevin, how to be fcervcd on defendiiiit, 3:^6. In replevin, hovf to be returned, 320, 327. Form, 437. In replevin, stamps on, 846. Concurrent, 310, 3o6. Against judgment debtor, none to issue on judgment more tlmn six years old unless sotiie psiynient within twelve months, 362. Against judgment debtor, service of, 334, 835. Executor's, by or against, &c., on behalf of executor to revive judgment, 352. Form, '84. Executor's, jh devastavit, 329. Forms, 884, 885. Executor's, suggestion of devastavit, 329. Form, 385. Executor's, to revive judgment against, 352. Form, 385. Executor's, .alleging assets since judgment, 331. Form, 386. To witness (before Court), 350. Form, 388. To witness (before arbitrator), 889. In i. '.erpleader, 380. In interpleader, service of, 324, 335. In interpleader, stamps o-i, 340. To defendant after judgment, See Judgment Summons, 381. To defendant after judgment, by default, 382. To jurors, 388. Giunii-bee, to primary debtor and garnishee before judgment, 28u, 391. Form, 285. Onrnishee, how to be served and returned, 280, 327, 328, 335. Garnishee, Judge may order any .'«DE^ 478 128. gment, 391. e lives, 285. e judgmeut ases, 328. ly proceed laj adjourn cript to bo e in statute claim, 820. 2. ty, 293. e summons ', 178, 420. Transcript — Contmued, Of judgment, revival of judgment to appear in, 353. Of judgment under section 139 or 14:i, how to bo issued and entered in Procedure Book, 353. Of judgment, no further proceedings in home court without Judge's order, 353. Of judgment not to issue under section 187 or 139 where pro- ceedings abated, 858. Of judgment, entries of, to be in Procedure Book, 853. Of judgment, execution on, from one Division Court to another, 404. Of judgment to another Division Court under Act of 1869, 419. Of judgment to County Court under same, 178, 420. Of judgment on ordinary summons, 420. Trial, New — How application made and disposed of, 847 et aeq. Order for, 402. Judge may order second trial to be before a jury, 348. Form, 421. Party demanding jury, to be entitled to jury on, 848. Form of notice of order for, to parties by clerk, 421. Trial — Putting off, before sittings, 847. Putting off, in attachment, 824. Unauthorized Books — Documents and forms not to be used, 850. Unclaimed Moneys — List of, 834. List of, form of, 435. Undertaking — By next friend guaranteeing costs, 842. Form, 367. Umpire — Appointment by, to be endorsed on order of reference, 887. Variance — See Amendment, 841. Voire Dire — Form of oath, 428. Wages— 5ee Infant, 342. Warning — On special summons, 818, 819. On special summons, form of, 378. To defendant sued on chose in action seized in execution, 318. To garnishee on order and summons, 327. Form, 390. To summons in replevin, 379. Warrant of Commitment— When to bear date, 337. IIow renewed, 387. 474 INDEX. WAtiRANT OF Commitment — Continued. Bailiff when delivering delinquent to jailer to endorse fees and mileage, 3:^8. In default of appearance, 414. After examination, 415. For contempt of court, 417. Warrant — To levy fine on ■witness, 41G. Watkroourse and Line Fences — Execution for damages and costs, 41S. Wife— /See Husband and Wife, 341. Withernam — Writ of, in replevin, if property eloigned, C. S. U. C. cap. 29, 327. Witness — Fees of, to be taxed by clerk, 350. Fees of. Scale of, 850, 3G0. Summons to, 388, 389. Fine for non-attendance, 401. Atlidavit of disbursement, 431. Witnesses — Forms of oath to, 428 et seq. Affidavit of disbursements, 431. Words, Interpretation of — "The Act," 315. •'The Act of 18G9,"315. "Party," 315, "Person," 315. "Person or Party," 315. "Executor," 315. "Administrator," 316. Singular number to include plural, 31 G. Masculine to include feminine, 31C, "Sworn" and "On Oath," 316, "Home Court" and " Home Division," 31G. "Poreign Court" and "Foreign Division," 810. "Judge" and "Clerk," 31G. "Plaintiff" and ■» Uf-lendant," 816. "County," 310. "The Claim," 3iG. "Process," 316. "United Counties," SIG. e fees and INDEX OF FORMS. ip, 29, 327. jij to the Fui-iiis prescribed to he used, to the cxdusiaa of other/, scr p. J.'i?, AoJoiNisa Division — Statement iu claim where defendant sued in, 317. AFflDAVlT — For leave to sue party in adjoining division, 307. For leave to sue party in division lidjoining one in which debtors reside where tlieie are several, 3(i8, 300. For attachment, 370. For Judge's order in replevin, 372. In replevin to obtain writ without .Judge's order, 873. For order to garnit^hee debt, 389. Of service of ordinary summons, 425, 42Q. Of service of special tiummons, 420, 427. Of execution of confession, 427. Of execution (caption), 427. Oath to person swearing or affirming to, 429. Of justification, 430. Of disbursements, 431. For revival of judgment, 432. Affjkm/\tion — By Quaker, 430. By other person under 33 Vic. cap. 14 (Out.), 42?, note 6. Allowance — To witnesses, 300. Appraisers — Fees to, 360. Oath, 437. Application — For judgment summons, 381. Appointment — Of umpire on order of reference, 387. For meeting on reference, 387. Appraisement — On inventor^', 438. Arbitration — Order of reference to, 887. Appointment of umpire, 387. Appointment for meeting, 887. Enlargement of time for making award on, 388. Arbitrator—- Summons to witness to appear before, 389. Oath iuinilnistered by, 429. Enlarjiement of time for making award by, 388, Attaciimrnt — Against absconding, &c., debtor, 371. 476 INDEX OF FOKUS. Attachment of Debts — See Garnisuee Proceedings. Award, 388, Enlargement of time for making, 388. Bailiff and ScBBxiEa — Particulars in action against, 374. Application by, for interpleader, 376. Replevin bond, 436. Return to writ of replevin, 487. Inventory of goods seized by, &o., 487. Appraiser's oath in attachment cases, 437. Notice of sale by, 438. Returns to executions, 438, 439. Bond where perishable property, 489, 440. Process book, 441. Beneficial Plaintiff — Notice by, where action brought on promissory notes, &o., seized in execution, 318. Bill — Of costs, 433. Bond — Under sec. 15 of Act of 1869, 393. Of supersedeas to warrant, 424. On seizure, &o., of perishable property, 439. Cash Book, 864, 365. Ceetificate — For discharge of party from custody, 418. Claim — Statement in, where sued in court nearest to residence of defendant, 317. In replevin, 373. Claimant — Interpleader summons to, 380. Execution against, 411. Clerk and Sureties — Particulars in actions against, 874. Clerks — Notices to plaintiff, 422, 423. Return of emoluments, 434. Return of unclaimed moneys, 435. Commitment— Renewal of warrant, 337. AVarrantof, 414, 416, 417. Confession of Debt — After suit commenced, 424. Affidavit of execution of, 427. CONTEMl'T — Warrant of commitment for, 417. Contract — Particulars in actions on, 373. C D D D D E I I INDEX OF FORMS. 477 tes, &o., ienco of Bill of, 433. County Court — Trauscript to under Act of 18C'0, 420. Debt— Attachment book, 300. Defendants — Notices to Clerk, 424. Devastavit — Summons on, 384. Suggestion of, on aummons, 885. DiSBUHSEMBNTS — AffiJiivit of, 431. Discharge — Certificate of, of party from custody, 418. Emoluments — Clerk's return of, 434. Execution — Ilenewnl of, 352. Against goods of defendant, 402. Against goods of plaintiff, 403. On judgment for balance of sct-olF, 403. Under 27 & 28 Vic. cup. 27, where judgncut obtained against defendant resident abroad, 40;i. On transcript of judgment from one county to another, 404. For executor for judgment revived in his favour, 404. On judgment revived against executor, &c., 405. Against goods of testator, 406. In replevin against plaintiflF, when return adjudged with dam- ages and costs, 407. Against garnishee on judgment already recovered, 408. Against garnishee on judgment recovered against him and primary debtor, 409. Against primary debtor and garnishee, 409. For garnishee's costs, 410. Under 293rd and 296th sections C. L. P. Act, 411. Against claimant on interpleader, 411. Under Act respecting line fences, &c., 413. Executor and Administrator — Summons on behalf of, to revive judgment, 384. Summons to, where assets come to their hands since judgment, Minute of judgment in certain cases in Trocedure .Book, 395, 399 Final Judgment— On special summons, 895. Fine — Warrant to levy, on witness, 410. Minute of, iu Procedure Book, 40C, 401. 478 INDEX OF FOKMS. GABNianEPi PnocEEDiNas— Suii'lry forms given by strttuto of 18GD (sinoo changed by New Rules, as under), 2U5 to SOU ; and see p. 3-9. Affidiivlt for order to garnishee debt, 389. Judge's attaching order, 390. Warning to garnishee, 390. Summons to, and primary debtor after jiidgracnt, 391. Summons to, and primtiry debtor before judgment, 391. Minute in Procedure Book of judgmeut uguiust garnishee on judgment recovered, 392. Minute in Procedure Book of judgment against primary debtor and garnishee, 393. Minute in Procedure Book in favor of garnishee, 393. Bond under sec. 15 Act of 18(»i», 393. Memorandum by clerk of non-appearance of garnishee, 394. Memorandum by clerk of admission of debt by giirnishee, 39i. Memorandum by clerk where gnrnishee denies debt, 394. Kxecution against garnishee on judgment recovered, 408. Execution against garnishee on judgment recovered against him and primary debtor, 409. Execution against primary debtor and garnishee, 409. Execution for garnishee's costs, 410. Execution under 293rd and 296th sections C. L. P. Act, 411. I1.LITKRATE Person — Jurat to affidavit by, 430. Interpleader — Application by bailiff for, 375. Particulars in, 376. Summons to claimant, 380. Summons to plaintiff, 380. Execution against claimant in, 411. Interpreter — Oath to, 428. Inventory — Of goods seized in replevin, 437. Jew — Oath to, 428. Judgment Summons — Application for, 381. Oath to defendant who appears on, 429. Judgment — Postponed, 401. Minutes of, 392 to 401. Jurat to Affidavit — By illiterate deponent, 430. By Quaker, 430. By person unwilling to be sworn from conscientious motives, note, 428. INDEX OF FOUMS. 479 Oath to ofBcor conducting out of court, 429. JUEOBS — Fees to, 360. Summons to, 388. JUBT— Notice of trial by, 421. Oath to, 428. Oath to, called by Judge, 429. Justification — Affidavit of, 430. Landiords — Claim for rent, 375. Line Fences, &c. — Executioa under Act respecting, 413. Minutes of Judgment — , In Procedure Book of judpment against defendant for debt and damages, 395. Of iudement under 32 Vic. cap. 23, sees. 2 and 3, 3.)o. Of judgment where some defendants have_ been eerved with special summons and others confessed.SOS. Of judgment of non-suit or dismissal, 395. Of judgment on award, 390. Of iudgment for defendant, 396. Of judgment for defendant on set-off where set-off part satis- fied, 396. _ „„- Of judgment for defendant for balance of set-off, 3Jb. Of judgment against executor or administrator in certain cases, 396 to 399. Of judgment for executor to revive judgment, 399. Of judgment in replevin, 399. Of judgment of adjudication in interpleader, 400. Of judgment of imposition of fine on juror for non-attena- auce, 400. , - - » i Ann Of judgment of order for imposition of fine for contempt, 4UU. Of judgment of imposition of fine on witness, 40 1 . New Trial— Notice of, 421. Notice — . , ^n-, Of trial by jury and new trial, 421. Clerk's notices to plaintiff, 422, 423. Defendant's to plaintiff or clerk, 424. Of sale by bailiff, 438. Oaths, 428, 429. Appraiser's, 437. Order — Of reference, 387. For new trial, 402. 480 IXl»i;X CP FOUMH. OEDiNATif Summons, 376. Affidavit of servico of, 425. POMTPONKO JunaMENT, 401. Pauticulabh — In contrnot, 373. In tort, 374. Against clerk or bnililTanJ sureties, 371. In interpleader, 375, 370. PROCKPunG Book, 300, 301, 302. Minutes in, 302 to 401. Quaker — Affirmation by, &c., 430. Renewai. — Of execution, Sr>2. Of warrant of commitment, 337. Rent — Landlord's claim for, 375. Replkvin — Affidavit for Judge's order in, 372, Affidavit to obtain writ without order in first instance, Claim in, 873, Summons in, 379, Summons in, warnings to defendant, 379, Bond, 430. Bend, assignment of, 430. Return by Bailiff — Of papers given him to execute, 330. To writ of replevin, 437. To executions, 438. Reviving Judgment — Against executor, summons, 885. Revival of Judgment — Affidavit for, 432. Schedule — Of clerks' fees, 357, 358. Of bailiffs' fees, 359 Special Summons, 377, 378, Notices and warnings to, 295, S78. Affidavit of service of, 420. Suggestion — Of devastavit on original summotis, 383. Summons — Ordinary to appear, 376. Special, 377, 378, Special, notices and warnings to, 295, 378. In replevin, 379. To claimant in interpleader, 880. Sv; Su To Tb V( w w VI V > INDEX OF FOKMS. 481 ice, Summons — Continued. To plfiintift' in interpleader, 880. .lufiRtnent, to defondnnt after default, 382, 383. Judgment, to defendant after judgment, 381. IJy executor or administrator to revive judgment, 381. On a devnstftvit, 381. To revive judgment against executor, 385. To executor or administralor where asseta come to defendant's hniids since judgment, 380. To jurorH, 388. To witness, 388 To witness before arbitrator, 889, SUPEUSEPKAS — Bond on, 424. Tort — Particulars in, 374. Tbanscuipt — To another division, of judgment under Act of 18C9, 419. To county court, of judgment un