^OFCAIIFOSI^ ^TiiJONvsov^' "^/^aaAinn-Jwv ,;;,0FCA1IF0^^ xlOSANCFlfj> ^^^M■llBRARY6?A ^>NlllBRARY<7/ v^MF■UNIVFRJ/A '^ ^.jojiTvjjo'^ ^^nomm^"^ "^^jaAINHJUV ^OFCAUFOS*^ ^OFCAIIFOP^ ^OM ,\MEDNIVERS//> 5 3 -^UIBRARY/ 5 ^.OFCAIIFO/?^ ^i5l] s lUiL-. -< Si •V •^'/iiiaAiNn-awv ^•lOSANCFlfx* o ^. ^^\10SAHCFI£;^ ^A8]AINn-3WV -s,>M11BRARYQa ^>MlIBRARYQr ^(Hojnvjjo"^ AMEUNIVERy/A %OJI1VJJO>' ^^TS S/TV- ii irrs Si o ^OFCAlIFOff;^ ^OFCAIIFOS'^ o ^/5«3AINn3V\V^ >'(?AMVHan-# >&A«V«8n-# >- < -^^^^•llBRARYQ< <^ummo/:^ ^^ojnvjjo>^ ^OFCAIIFO/?^ ^.OFCAIIFO;?^^ >&AHVH8n# >'CA«VHflni^ .^WE•UNIVERi•/A \oi\miQ'^ %mmG\'^ '^^/smmi\^ ^ .AMfUNIVFRS/A ^ ^iosANcn;;n> "^/.vjiaAiNniwv ^. AWEUNIVEHS/a ^^vlOSANCFlfJ> O "^/^aaAiNnrnv" ^tUBRARY<7A, ^tfojnvDjo^^ ^^tllBRARYQr 5 ^>:lOSANCnfj> ^.OFCAIIFO%^ ^OFCAllFO/?^ ^/.?«3AIN0 3UV^ ;^" ^^VlIBRARYO/:^ ^.OFCAllFOfl»^ ^^AHVJiaiT^^^ ^^^M•l(BRARYQ< § 1 ir- ^ C3 %ojnv3jo>' ^OFCAllFOff^ ^ 1^ ^ ^«rii3QNVsoi^ "^aaAiNflJViV^ ^ ^^ME•UNlv^f% ^lOSAHCnfj> ^^ AWEUNIVFR5/A vKlOSANCnfj> >- ^^•UBRARY/7/ ^l-UBRARfY(?/^ s § «M \ Telephone No. 3,056. ASSOCIATION OF MUNICIPAL CORPORATIONS. Palace Chambers, g, Bridge Street, AND AT 12, NEW COURT, TTT i ' , C^ ITT CARKY STREET. vV estmtfist cr , S.VV. w.o. 22nd October, iS8j. Dear Sir, Herewith we beg to hand you a- copy of our Mr. Frank R. Park/jr's Index and Digest of the judicature Acts and Rules, of i which^we beg your acceptance. v We trust the book may be of some assistance to you in the consideration of the New Rules, which come into force on Wednesday next. W'e are, Dear Sir, Yours truly, SHARPE, PARKERS, PRITCHARD & SHARPE, Solicitors and Parliamentary Agents to the Association. The Town Clerk D I a E S T OF THE SUPREME COURT OF JUDICATURE ACTS AND RULES, TABLES SHOWING THE SOUECES FEOM WHICH THE NEW EULES AEE DEEIVED, THE MODE IN WHICH THE EEPEALED STATUTES AND EULES AEE DEALT WITH, AND THE NEW PEOVISIONS IN THE NEW EULES. SECOND EDITION, REVISED AXD ENLARGED. FEANK E. PAEKEE, SOLTCITCii?, (author op an analysts and indkx to the bankerptct act, 1869; memorandum of the duties of mayor at the parliamentary general election, 1880, etc.) LONDON : WILLIAM CLOWES & SONS, Limited, 27, FLEET STEEET, 1883. LONDON : CORDINGLEY & SHARPE. PRINTERS. HAMMERSMITH, W PHEFACE TO THE SECOND EDITION. The present edition of this book has occupied my leisure moments during the best part of two years, and the favorable reception accorded to its predecessor has decided me to offer this edition to the profession generally, instead of printing it for private circulation only. The first questions which arise in a lawyer's mind, when he is presented with such a body of legislation as is contained in the new Rules, are how much is new, how much is old, and hoAv far has that which is old been altered or added to ? He next desires to be furnished with a connecting link between the new and the old matter and thus between existing text-books and decided cases and the new legislation : so that when he has to study any par- ticular question he may be enabled to correct the nomenclature of a continued rule in his text-books, and may find his way to the cases which have been decided on that rule, and to the previous enactments and cases which have furnished materials for new rules. The three tables at the commencement of this book are an attempt to satisfy the lawyer's wants in these res- pects. The contents of the third are also included in the first table ; but are repeated in a separate (the third) table with the object of instantly drawing attention to the more important of the new provisions. The Index, though greatly enlarged, is framed on the same basis as the first edition. The main principle is that of a strictly alphabetical arrangement throughout, except that where a subject b IV is broken up into sub-titles the latter are arranged more in the order in which they would naturally occur in practice than in their purely alphabetical order. Another principle of the index is to present the same subject under several diiferent heads, and to avoid cross references as far as possible, so as to save that annoying hunt after some particular provision which is experienced when one fails to find it in the place in which one expects to find it, and the further annoyance of being driven about from page to page to collect together the different branches of one subject. The language used is as nearly as possible the exact language of the Acts and Rules, and has been departed from only where conciseness could be thereby attained. Such are the principles I have laid down for myself in ^vriting this book ; how far I have been successful time alone can show But to write a good index is no easy task, as all those who have tried must know. The author shovild not only have a complete know- ledge of his subject, but the ability to appreciate the different as- pects in which different readers will view the same subject. I can by no means claim a complete knowledge of all the varied subjects dealt Avith by these Acts and Rules, but I have carefully studied each title and have sought to satisfy the wants of various readers. The present edition is published in a smaller, but, as I believe, more generally convenient size than the first edition. For the con- venience however of those who are accustomed to the large folio size in which my previous Indexes have been published, a few copies have been printed on folio paper for binding with Queen's printers copies of the Acts and Rules. The bulk of the book has con- siderably increased, partly owing to the decrease in the size of the page, but mainly to the vast increase in the subject matter. It now deals with seven Acts of Parliament, over a thousand rules, and about five hundred forms. For the purposes of the Index the forms of indorsements on writs of summons in Appendix A, part III., must be numbered as follows : section II., from 1 to 53 ; section IV., from 1 to 78 ; section VII., from 1 to 11. Except on the theory of an oversight, it is impossible to under- stand wliy the Rules of the Supreme Court, December 1882, have been left unrepealed. Each of these rules " may be cited as if it " had been one of the Rules of the Supreme Court, and had been " numbered by the number of the Order and Rule mentioned in " the margin :" and thus may be cited as one of a code and one of an enumeration now swept away. It also seems a matter of regret that a greater number of the pre-existing rules and o'-ders have not been repealed or consolidated. The following (and I do not pi'ofess that the list is complete) all relate to subjects dealt with by the Judicature Acts and Rules, and are not consolidated in, or repealed by, the new Rules, viz : — The Regular Generales of Hilary Term, 1858, so far as they relate to juries; the Regulse Generales of 22nd June, 18G0, and 14th March, 1866, as to proceedings on the Revenue Side of the Court of Exchequer ; the Regulse Generales of Michaelmas Vacation, 1854, 8th May, 1856, Easter Term, 1857, Michaelmas Term, 1857 ; Hilary Term, 1862, and 6th June 1867 ; the Chancery Orders dated 11th November, 1862, 21st March, 1868, and 2nd March, 1869, all under the Companies Acts, 1862, 1867; the Chancery Orders dated 24th January, 1868, under the Railway Companies Act, 1867 (except rules 21 to 28, which were repealed by the Rules of the Supreme Court, April, 1880) ; the Chancery Orders dated 29th April, 1869, under the Liquidation Act, 1868 ; the Chancery Orders dated 7th Jan., 1870, under the Debtors Act, 1869 ; the Chancery Funds Consolidated Rules and Orders, 1874 ; the General Rules of the Queen's Bench Division da*;ed 22nd January, 1877; the Chancery Order dated 22nd December, 1874, under the Courts of Justice (Salaries and Funds) Act, 1869; the Chancery Orders dated December, 1878, under the Settled Estates Act, 1877 ; the Rules of the Supreme Court, December, 1882, above mentioned ; and the Rules of the Supreme Court, December, 1882, under the Settled Land Act, 1882, the Conveyancing Act, 1882, and the Conveyancing and Law of Property Act, 1881. Some of these Rules and Orders may here- after be held to be impliedly repealed, but the majority are undoubtedly preserved by the rule (0. 70, r. 2) that " where no " other provision is made by the Acts or these rules, the present " procedure and practice remain in force." In some slight degree this book may perhaps furnish an aid to further consolidation. There are many purely temjjorary pro- visions in I'ach of the Judicature Acts, and many which are now obsolete, all of which could with advantage be repealed. There is al.so in the new Rules a certain amount of repetition which is un- nece.s.sary and tends to difficulty and end)arra.ssment ; ejj. O. 9, r. % is hardly wanted as well as 0. 07, r. ; U. 49, r. G as well as 0. 55, 1-. 1 1 ; C). 54, r. 23 as well as O. 59, r. !(/) ; nor form A., part 1, No- l^i as well as fcn-m G. 20. The practitioner must be careful to avoid the pitfalls presented for the unwary in the extended application of several old rules* which have hitherto been applicable on one side of Westminste Hall only. Many a rule formerly confined to the Chancery Division is now also applied to the Queen's Bench Division (and in some cases to the Probate, Divorce, and Admiralty Division as well) and vice versa. There are also some provisions of the old procedure which are not expressly repealed, but yet are repeated, with or without amendments, or are in conflict with provisions in the new Rules, and difficulty may arise in this respect. These may generally be ascertained by consulting Table II., the title " Repeal " in the Index, and the Statute Law Revision and Civil Procedure Act, 1883. The present work can claim a secondary place only in a law library ; it seeks merely to be ancillary to the numerous more able and valuable books now courting admission to our bookshelves but if it shovdd prove of any assistance to the legal profession, and al>ove all if it should in any way save its readers that most \aluable quantity of the present day — time — my aim will have been fully accomplished. 12, New Court, Carey Street, W.C. October, 1883. PREFACE TO THE FIRST EDITION. This work, like the writer's Bankruptcy Analysis and Index, has grown out of the necessity to him, for the purposes of his own business, of studying the new procedure, and has been printed for private circulation in the hope that his labor may thus be utilized for others. The practitioner will probably find it the most convenient course to have the book rebound with Queen's Printers' copies of the Statutes and Rules interleaved, but not the Index. To interleave the latter is to increase the bulk of the work, and diminish the facility of reference without gaining any equivalent advantage. The writer will be much obliged to any one who will point out any errors. The greatest care has been taken to avoid them, but n such a complicated series of enactments it is quite possible that some errors may have crept in. Beyond those arising from the union of all courts into one, the largest and most important innovations introduced by the new procedure seem to be the Abolition of Affidavit Evidence, except where taken by consent ; the Trial with Assessors ; the appointment of Official and Special Referees ; the establishment of District Registries ; the simplicity of Pleadings ; the power of determining questions affecting Third Parties ; and the facilities for obtaining Judgment in actions of debt notwithstanding an appearance, where the latter is entered without there being any substantial defence. 41, Bedfoed Row, Loxdox, W.C, September, 1875. ^ CONTENTS. Page Abbreviations xi Signs used as References xiii Table I, showing the sources from which the new rules are derived 1 Table II., showing the mode in which the repealed AND superseded STATUTES, RULES, ORDERS, AND regulations are dealt with by, and THE CORRESPONDING PROVISIONS IN, THE NEW RULES. . 39 A. Statutes, rules, orders, and regulations PRIOR TO THE JUDICATURE ACTS „ B. Rules of the Supreme Court ; 1875 to May, 1883 53 Table III, showing the new provisions in the new RULES. . . . , 75 Index . 81 ABBREYIATIOXS. A. refers to AppeiifJix A. to the rules of the Su- jjreme Court, 18H^( the new rules). Ad. R. 18.59. The rides, orders and regidations for the High Court of Ad/miralty, '1859. Ad. R. 1871. The rides, orders, and regulations for the High Court of Admiralty, 1871. B. „ Appendix B. to the neic rules. C. „ Appendix C. to the new rules. C.A. .. Court of Appeal. Ch. Div. ,, Chancery Division. Ch. Or. ,. Chancery Order. Ch. Reg. Chan eery Regulation. Cons. Or. ,, TJic Chaucery Consolidated. General Order.% 1860. B. ,, Appeiidix D. to the ueiv rules. Div. . Di/insiou. D.R. District Regii^try. E. ,, Appendix E. to the new rides. F. .., Appendix F. to the netu rules. G. ., Appendix G. to the neiv rules. H. ,. Appendix H. to the neiv rules. H.C. „ High Court of Justice. H.M. Her Majesty' J. ,. Appendix J. to the new rules. K. Append ia: K. to tlie unv rules. L. ,, Appendix L. to the new rales. L.C. „ Lord, Chancellor. LS\-I. refers tu Lord C/tief J a.stice nf J'Jnpe(ds In the House of Lords. M.R. Moster of the Rolls. X. ,, Appendix X. to the new rides. 0. ., Appendix 0. to the nev i-vles. 1\D. (I ud A. Die. Probate, Divorce, and Adniir(dt;/ Division. Q.B.D. „ Queen's Bench Dicision. R.G. „ Regulce Gene rales. R.a.If.T. „ TJie Re(pdoi Generates of Hilary Term, 18.53. R.G.M.T. ,. The Regidoe Generates of Micliael- mas Term, 1860. R.G.T.T. „ The Regidoe Genordes as to plead- ing of Trinity Term, 1853. R.Dec. 1882 „ The rides of the Supreme Court, De- cember, 1882. R. May, 1883 „ The rules of the Supreme Court, May, 1883." S.O. „ The Standing Orders of the House of Lords as to Appeals. SIGNS USED AS REFERENCES. by tJie sign § rrfer to tlip sections of Tl/e Supreme Court of Jiul'irofurc Act, IJST'I „ „ §§ „ t]i(' sections of the Sapremc Court of Jac/iaitvrp Act, 187o. „ „ "f* „ the sectioDs of the Appellotc Jnris- (lictiou Act, 187(i. „ „ "f-"|" „ the sectiorix of the Snpreriie Court of Judicature Act, 1877. „ „ :|: „ the sections of tlie Supreme Court of Judicature (Officers) Act, 1879. " ,, „ XX " ^^'^' >^^<'tions of tlie Supreme Covrt of Judicature Act, 1881. „ „ § „ the sections of tlie Supreme Court of JiulicAitilre (Fu.neals. XOTE. — The ftignijicatioji of each of the ahore sicpik eroi eiixihj he rememhercd if the prineijile iipov lehich fhei/ arc lifted he learnt. The section xif/n (§) /.s' used for the frst and jjrineipal Act (1873); «Y is doubled (§§) for the second Act (187o); the dofff/er ("f) is ne.rt used for the third Act (187(1) ; if aija'ni is doubled ("f*i*) for the fourth Act (1877); the double dafifjer {\) ix then used for the fifth Act (1879); it ar/ain is doubted (\\) for the sixth ./rY(1881); ayid the si (pi § is used for the serenfh and last Act (1880). Ihe words supra and infra refer to ahore or tietoa-, in tlie same title, and not to the earlier or later part of the Index, irhere the same word would be found in its alphabetical position . d E R E A T A 21, 42, fi3, 77, 80, jor 17 & 18 Tic, c. 128, read 17 & 18 Vic. c. 125 /■«;• O. :il. r. 19, New, reaA O. 31, r. 19, Sliglitly auierided and re-enacted, R. G. H. T. 1853, r. 31. „ 3,/o;- 17 & 18 Vic , c. 124, read 17 & 18 Vic, c. 125. tn.ter^E. a. H. T. 1853, r. 31. Sliglitly amended and re- enacfed, O, 31, r, 19. col. 3, line 15, for O. 35, r. 39, read O. 36, r. .39. cancel O. 31, r. 19. Limited inspection of court roll*, col. 1, for O. G6, r. 3, read 0. 67, r. 3. TABEE I. Allowing the Sources from vfdch the New Rules are derived. NTTMBEE FOEMER EXTENT OF ALTERATION. ENACTMENT OP NEW.BULE. OE BULB. 0. 1, r. 1 Verbally amended and re-enacted . 0. 1, r. 1 r. 2 Re-enacted ipsissimis verbis 0. 1. r. 3 0. 2 r. 1 r. 2 Re-enacted ipsissimis verhis Verbally re-arranged and sligbtly added to ... 0. 2, r. 1 0. 2, r. 2 r. 3 Verbally amended and re-enacted . . 0. 2, r. 3 r. 4 Re-enacted -ipsissimis verbis 0. 2, r. 4 r. 5 Verbally amended and re-enacted . 0. 2, r. 5 r. 6 Extracted and re-enacted ipsissimis verbis 0. 2, r. 6 ' r. 7 Verbally amended and re-enacted . . . 0. 2, r, 7 r. 8 Slightly but materially added to and re-enacted 0. 2, r. 8 O. 3, r. 1 r. 2 Re-enacted ipsissimis verbis Extracted and re-enacted ipsissimis verbis ... ... 0. 3, r. 1 0. 3, r. 2 r. 3 Re-enacted, altering ' 'may' ' to ' 'shall' ' 0. 3, r. 3 r. 4 Slightly added to and re-enacted 0. 3, r. 4 r. 5 Re-enacted ipsissimis verbis . . 0. 3, r. 5 r. 6 Re-enacted, materially extended, and a new provision added 0. 3, r. 6 r. 7 Re-enacted, altering "may" to "shall" 0. 3, r. 7 r. 8 Slightly amended and re-enacted 0. 3, r. 8 o. \ r. 1 Verbally amended and re-enacted . . 0. 4, r. I r. 2 Verbally amended and re-enacted . . 0. 4, r. 2 }} j[ .r.3 r. 4 Slightly amended and re-enacted JVeiv 0. 4, r. 3. a. (R.Eeb.l876,r.3) o. "5, r. 1 Re-enacted ipsissimis verbis 0. 5, r. 1 r. 2 Re-enacted ipsissimis verhis 0. 5, r. La. (R.Apl.l880,r.4) r. 3 Verbally amended and re-enacted . 0. 5, r. 2 Table I. .5, J> r. 4 r. 5 r. 6 }) r. 7 JJ r. 8 7) r. 9 7) r. 10 J7 r. 11 ?> r. 12 J> r. 13 7J r. 14 >> r. 15 3> r. 16 ?> r. 17 .6, r. 1 r. 2 ', r. 1 >> r. 2 r. 3 «, r. 1 77 r. 2 r. 3 0. 9, > > r. 1 r. 2 r. 3 r. 4 r. () r. 7 r. 8 r. 9 Ee-enacted -^vith immaterial addition of " a statement " Extracted and re-enacted /psmimis verbis ... ... . . . Nexo New Nciv Verbally amended and re-enacted . Ee-enacted ipfiissimis verbis Ee-enacted i2msfiimi>i verbis Verbally amended and re-enacted . Extracted and re-enacted ipstsstmis verbis Ee-enacted ipsissimis verbis Slightly but materially amended and re-enacted Slightly amended and re-enacted . . Ee-enacted i2)sissimis verbis Ee-enacted ipsissimis verbis Ee-enacted with immaterial addition of " in writing " Ee-enacted with slight immaterial additions ... ... Ee-enacted and extended to D. Es. Ee-enacted with slight immaterial alterations Ee-enacted ipisissimis verbis New Slightly but materially amended and re-enacted ... ... Ee-enacted with slight but material addition Entirely re- written and substantially new Ee-enacted with immaterial omission of four words ... ... Ee-enacted with immaterial omission ot two words Slightly amended and re-enacted . . Slightly amended and re-enacted . . . t Ee-enacted with material additions ) Ee-enacted witli slight alterations Ee-enacted ipsissimis verbis . 0. 5, 0. 5, r. 3 r. 4 r. 5 r. 6 r. 7 r. 8 0.5. 0. 5, 0. 5, 0. 5, (E.Jun.l876,r.3) 0. 5, r. 9 0. 5, r. 10 0. 5, r. 1 1 ,, r. 11. a. (E.Ecb.l876,r.4) 0. 5, r. 1 1 fdj 0. 6, r. 1 0. 6, r. 2 0. 7, r. 1 0. 7, r. 2 E. May 1883, r, 6 0. 8, 0. 8, r. 1 r. 2 0, 0. 0. 9, r. 3 9, r. 2 0. 9, r. 4 0. 9, r. 5 0. 9, r. 6 0. 9, r. 6. a. (E.Jun.l876,r.4) 15&16Vic.c.76,s.l(i 0. 9, r. 7 0. 9, r. 8 Sources of the New Rules. NTTMBEE OF NEW BULE. EXTENT OF ALTEEATION. FOEMEB ENACTMENT OB BULB. 0. 9, r. 10 „ r. 11 „ r. 12 „ r. 13 „ r. 14 „ r. 15 0. 10 0. 11 r. 1 J) r. 2 5> r. 3 )> r. 4 jy r. 5 )> r. 6 >) r. 7 0. 12, r. 1 V r. 2 J' r. 3 >) r. 4 J7 r. 5 )> r. 6 )> r. 7 r. 8 r. 9 r. 10 r. 11 r. 12 r. 13 r. 14 r. 15 r. 16 r. 17 r. 18 Ee-enacted ipsissimts verbis Ee-enacted and extended to warrants Ee-enacted and extended to warrants Ee-enacted and extended to warrants Ee-enacted ipsissimis verbis and added to ... ... ... Ee-enacted with immaterial omission Materially amended, extended, and added to ... Entirely re-written Ee-enacted ipsissimis verbis Materially amended and added to . Ee-enacted ipsissimis verbis Verbally amended and re-enacted . . . Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted and extended to admiralty actions . . . . Ee-enacted ipsissimis verbis . Verbally amended and re-enacted . . Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis . Extracted and re-enacted ipsissimis verbis Ee-enacted and added to, as to D. Es. Verbally amended and materially added to . . . ... ... Verbally amended and re-enacted . Ee-enacted ipsissimis verbis Ee-enacted with immaterial omission Ee-enacted ipsissimis verbis Ee-enacted with addition of "as partners " Ee-enacted ipsissimis verbis . Ee-enacted ipsissimis verbis Ee-enacted and extended to bail in admiralty ... ... 0. 9, r. 9 (E.Dec.l875,r.5) 0. 9, r. 10 :^" :; (E.Dec.l875,r.6) 0. 9, r. 11 0. 9, r. 12 0. 9, r. 13 0. 10 0. 11, r. 1 0. 11, r. l.a. (E.Jun. 1875,r.5) 0. 11, r. 2 0. 11, r. 3 0. 11, r. 4 N. B. to A. 2. a. (E.Ai^l. 1880,sch. A. 2. a.) 0. 11, r. 5 0. 12, r. 1 0. 12, r. 1. a. (E.Apl.l880,r.5) 0. 12, r. 1. a. (E.Apl.l880,r.5) 0. 12, r. 2 - 0. 12, r. 3 0. 12, r. 4 0. 12, r. 5 0. 12, r. 6. b. (E.Apl. 1880,r.6) 0. 12, r. 6. b. (E.Apl. 1880,r.6) 0. 12. r. 7 0. 12, r. 8 0. 12, r. 9 0. 12, r. 10 0. 12, r. 11 0. 12, r. 12 0. 12, r. 12. a. (E.Jun. 1876,r.6) 0. I'J, r. 13 0. 12, r. 14 B 2 Table I. FOTRMEH NXTMBER EXTENT OF AT.TERATION. ENACTMKNT OF NEW ECLE. OE EULB. 0. 12, r. 19 Materially amended, extended, and re-enacted Ad.R. 1859, r . 41 ,, r. 20 Re-enacted with verbal amendments and omissions Ad. R 1859,1 •.43 M r. 21 Ee-euacted with verbal amendments and omissions ... ... Ad.R 1859, r. 44 ,, r. 22 Slightly amended and re-enacted 0. 12, r. 15 ,, r. 23 Ee-enactcd ijm.ssimis verbis 0. 12, r. 16 ,, r. 24 Re-enacted ijjsissimis verbis 0. 12. r. 17 ,, r. 25 Re-enacted ipsissimis verbis . 0. 12, r. 18 ,, r. 26 Re-enacted ipsissimis verbis 0. 12, r. 19 ,, r. 27 Verbally amended and re-enacted . 0. 12, r. 20 ,, r. 28 Verbally amended and re-en^-cted . 0. 12, r. 21 ,, r. 29 Re-enacted altering "may" to "shall" 0. 12, r. 22 ,, r. 30 Re-enacted ipsissimis verbis R.May 1883, r. 5 0. 13, r. 1 Slightly, but materially altered, and re-enacted 0. 13, r. 1 ,, r. 2 Re-enacted ipsissimis verbis 0. 13, r. 2 ,, r. 3 Re-written, and slightly altered and added to . . . 0. 13, r. 3 ,, r. 4 Re-written, and slightly but imma- terially amended 0. 13, r. 4 ,, r. 5 Re- written, and slightly but imma- terially amended 0. 13, r. 6 ,, r. 6 New ,, r. 7 New ,, r. 8 Re-enacted with immaterial addition of " by the writ " ... 0. 13, r. 7 ,, r. 9 Re-enacted with immaterial addition of " mentioned" 0. 13, r. 8 ,, r. 10 Extracted and extended . . 0. 13, r. 3 ,, r. 11 Verbally amended and re-enacted . 0. 13, r. 5. a. (R.Dec. 1875, r.7) ,, r. 12 Slightly but materially amended, extended and re-enacted 0. 13, r. 9 M ^^ 13 Verbally amended and re-enacted . Ad.R . 1871, r. 5 7 1 r. 14 New 0. 14, r. 1 Slightly amended, and extended, by a new provision, to actions for the 0. 14, r. 1 recovery of land (R.May 1877, r.3) „ r. 2 Materially amended and re-enacted 0. 14, r. 2 „ r. 3 Materially amended and re-enacted 0. 14, r. 3 „ r. 4 Re-enacted omitting six immaterial words ... ... ... 0. 14, r. 4 „ r. 5 Re-enacted ipsissimis verbis . 0. 14, r. 5 „ r. 6 Re-enacted but materially added to 0. 14, r. 6 Sources of the New Rules. NTTMBEB OP NEW RULE. EXTENT OF ALTERATION. FORMEE ENACTMENT OB EULE. 0. 15, r. 1 „ r. 2 0. 16, r. 1 „ r. 2 „ r. 3 „ r. 4 „ r. 5 „ r. 6 „ r. 7 „ r. 8 „ r. 9 „ r. 10 „ r. 11 „ r. 12 „ r. 13 „ r. 14 „ r. 15 „ r. 16 „ r. 17 „ r. 18 „ r. 19 „ r. 20 „ r. 21 „ r. 22 „ r. 23 „ r. 24 M r. 25 Tle-wiittuu, ttiid vtrLaJIy aud siigJit- ly amended . . Ee-enacted with material addition of " when necessary " . . . Ee-enacted with immaterial omission and addition Ee-enacted with immaterial verbal alteration and omissions Entirely re-written but substantially re-enacted ... ... Ee-enacted ipsissimis verbis . Verbally amended and extended to matters Ee-enactecl ipsissimis verbis Ee-enacted and extended to all causes and matters Verbally amended and extended to matters Verbally amended and extended to matters ... ... ... Verbally but immaterially amended Slightly but materially amended, and extended to matters Ee-enacted ipsissimis verbis Ee-enacted with material addition of " or substituted " ... Materially amended and added to Ee-enacted ipsissimis verbis Ee-enacted as to infants but amended as to married women Verbally amended and re-enacted . . Ee-enacted with immaterial altera- tion and addition Ee-enacted ipsissimis verbis Ee-enacted with slight alterations, omissions and addition . Verbally amended and re-enacted, omitting married women Amendment and extension of former practice ... ... ... Entirely re-written, but substantially re-enacted Extracted and verbally amended -\ Extracted and re-written, but sub- [■ stantially re-enacted . . ^ 0. 15, r. 1 0. 15, r. 2 0. 16, r. 1 0. ] 6, r. 2 23&24Vic. c. 126 s. 20 0. 16, r. 3 0. 16, r. 4 0. 16, r. 5 0. 16, r. 6 0. 16, r. 7 0. 16, r. 9 0. 16, r. 12 0. 16, r. 13 0. 16, r. 14 0. 16, r. 15 0. 16, r. 10 0. 16, r. 10. a. (E.Jun.l876,r.8) 0. 16, r. 8 0. 18 E.May,1883, r.2 E.May, 1883, r. 3 15 & 16 Vice. 86, s. 11 Ch. Or. 5th Feb. 1861, r. 24 11 Hen. VII. c. 12 Cons. Or. 7, r. 8 E.G.H.T. 1853, r. 121 Table I. OF NBW EULE. BXTBNT OF ALTEBATIOK. POHMEE ENACTMENT OB BULB. 0. 16, r. 2G >> r. 27 j> r. 28 )> r. 29 )> r. 30 r. 31 r. 32 )} r. 33 >) r. 34 J) r. 35 >i r. 36 >> r. 37 j> r. 38 >> r. 39 „ r. 40 „ r. 41 „ r. 42 „ r. 43 „ r. 44 „ r. 45 „ r. 46 „ r. 47 „ r. 48 „ r. 49 „ r. 50 » r. 51 Entirely re-writteu, but substantially re- enacted Extracted and entirely re-written, but substantially re-enacted . . . Extracted, verbally amended, and re-enacted Extracted, slightly amended and ^ re-enacted . . . . . • ( Extracted, slightly amended, and i re-enacted ... . . . -^ Slightly amended and re-enacted Slightly but immaterially amended E,e-written but substantially re-en- acted Ee-written, but substantially re- enacted ... ... ... Ee-written, but substantially re-en- acted .... Ee-written but substantially re-en- acted Slightly but immaterially amended Verbally amended and re-enacted Verbally amended and extended to proceedings ... ... Materially amended, added to, and extended Ee-enacted with immaterial altera- tion of " a " to " any " Verbally amended and re-enacted Verbally amended and re-enacted Ee-enacted with immaterial omis-. sion ... ... ... Verbally amended and extended to matters . . . . Extracted and verbally, but imma- terially amended Slightly amended and extended to matters ... ... ... Verbally amended and slightl}'- nar- rowed .... Materially amended and extended . . JVeto Nev) Cons. Or. 7, r. 10 Cons. Or. 7, r. 9 Cons. Or. 7, r. 11 Cons. Or. 40, r. 5 0. 16, r. 9. a. (E.Jun.l876,r.7) 15&16Vic.,c.86, s. 42, r. 1 15&16Vic.,c.86, s. 42, r. 2 15&16Vic.,c.86, s. 42, r. 3 15 & 16 Vic.,c. 86, s. 42, r. 4 l5&16Vic.,c. 86, s. 42, r. 5 15&16Vic.,c.86, s. 42, r. 6 15&16Vic.,c.86, s. 42, r. 7 . 15&16Vic.,c.86, - s. 42, r. 8 ^ Cons.Or.23,r.l8 E. May, 1883, r. 4 Cons. Or.23, r. 19 Cons. Or. 23, r. 20 0. 16, r. 12. a. (E.Apl. 1880,r.7) Cons. Or. 7, r. 1 15 & 16 Vic, c. 86 s. 44 0. 16, r. 12. b. (E.Apl. 1880,r.8) 0. 16, r.l8 0. 16, r. 20 Sciirces of the New Kulss. NTJMBEE OF NEW RULE. EXTENT OF ALTERATION. FORMEB ENACTMENT OE RULE. 0. 16, r. 52 „ r. 53 „ r. 54 „ r. 55 O. 17, r. 1 T> r. 2 ■>y r. 3 }> r 4 ■)) r. 5 jj r. 6 jj r. 7 j> r. 8 J> r. 9 )> r. 10 0. 18, r. 1 )i r. 2 >> r. 3 >> r. 4 ;> r. 5 >> r. 6 7> r. 7 >> r. 8 >) r. 9 0. 19, r. 1 >> r. 2 j> r. 3 5) r. 4 >> r. 5 11 ^> r. 6 M r. 7 Entirely re-written and materially^ added to . . . ... • ■ • )' Materially amended and extended .J New Entirely re-written and confined to, co-defendants Verbally amended and extended to matters, and a new provision added ... ... ... Verbally amended and extended to matters .... Verbally amended and extended to matters Verbally amended and extended to matters ... ... ... Verbally amended and extended to matters .... Verbally amended and extended to matters Verbally amended and extended to matters ... ... ... Entirely re-written bnt substantially re-enacted Materially amended, and added to, and extended to matters Re-enacted and extended to matters Ee-enacted with, immaterial addition and omission ... ... Ee-enacted with material additions Re-enacted ipsissimis verbis . Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis . Verbally amended and re-enacted . . Verbally amended and re-enacted . . Slightly but immaterially amended Slightly but immaterially amended Materially amended and re-enacted Re-enacted, omitting "statement of claim in a " Extracted, materially amended, and % a new provision added • • • I Extracted, materially added to, and f amended . . .^ New New 0. 16, r. 21 0. 16, r. 17 0. 50, r. 1 0. 50, r. 2 0. 50, r. 3 0. 50, r. 4 0. 50, r. 5 0. 50, r. 6 a. 50, r. 7 17 &18Vic.,c.l28, s. 92 Cons. Or. 21, r. 7 Cons. Or. 21, r. 8 0. 17, r. I 0. 17, r. 2 0. 17, r. 3 0. 17, r. 4 0. 17, r. 5 0. 17, r. 6 0. 17, r. 7 0. 17, r. 8 0. 17, r. 9 O. 19, r. 1 0. 19, r. 2 0. 19, r. 3 0. 19, r. 4 TaWe I. NUMBEB OF NEW BTJIE. EXTENT OF ALTERATION. FOHMKB ENACTMENT Oli KCLB. O. lU, r. 8 r. 9 J> r. 10 )> r. 11 > J r. 12 >> r. 13 >> r. 14 >> r. 15 )) r. 16 >> r. 17 >> r. 18 ) J r. 19 J) r. 20 )? r. 21 J> r. 22 >> r. 23 >5 r. 24 n r. 25 j> r. 26 >5 r. 27 >> r. 28 0. 20 , r. 1 j> r. 2 j> r. 3 >> r. 4 >> r. 5 >> r. 6 ;> r. 7 )> r. 8 )> r. 9 0. 21 , r. 1 lic-eiiacted aud added to . . Ee-enacted witli immaterial siou ... ... omis- M r. 4 Re-enacted ipsissimis verbis . Slightly amended and re-enacted . . Materially amended and re-enacted Ee-enacted with material omission of " in an action "... Ee-enacted in part but entirely altered in other part Materially amended and re-enacted Ee-enacted ipsissimis rcrbis Slightly amended and materially added to . . . Ee-enacted ipsissimis verbis . Ee-enacted with a slight amend- ment and omission Materially amended and extended Ee-enacted ipsissimis verbis . Ee-enacted ijmssimis verbis Ee-enacted with material addition Ee-enacted with immaterial omission Ee-enacted ip>sissimis verbis New Extracted, added to, and extended . Materially amended and added to . . Materially amended and two new provisions added . ; . . . . Ee-enacted ipisissimis verbis Ee-enacted ipsissimis verbis New Slightly amended and re-enacted . , . Materially amended and a new pro- vision added Ee-enacted, altering " facts " to " grounds" New Ee-enacted i^jsissitnis verbis Ee-enacted hut limited in its opera- tion Slightly amended and re-enacted . . Ee-written and materially amended New E. G. II. T. 1853, r. 21 r 0. 19, r. 5 ] 0. 19, r. 5. a. '^ (E.Jun.l876r.9) 0. 19, r. 6 0. 19, r. 7 0. 19, r. 16 0. 19, r. 17 15&16Vic., c. 76. s. 57 0. 19, r. 18 0. 19, r. 19 0. 19, r. 20 0. 19, r. 21 0. 19, r. 22 0. 19, r. 23 0. 19, r. 24 0. 19, r. 25 0. 19, r. 26 0. 19, r. 37 0. 19, r. 28 0. 27, r. 1 0. 19, r. 30 0. 21, r. 1 0. 21, r. 2 0. 21, r. 3 0. 36, r. 1 0. 19, r. 8 0. 19, r. 9 0. 19, r. 12 E. G.T. T. 1853, r. 11 E. G. T. T. 1853, r. 7 E. G. T.T. 1853, r. 6 Sources of the New Rules. NTTMBEE OF NEW EULE. EXTENT OF AITEEATION. TOEMEB ENACTMENT OE ETJLE. 0.21, r. 5 >> r. 6 >> r. 7 }) r. 8 }} r. 9 >) r. 10 }} r. 11 }} r. 12 }) r. 13 }} r. 14 }f r. 15 >> r. 16 5> r. 17 >> r. 18 )> r. 19 }} r. 20 >) r. 21 0.22 r. 1 )j r. 2 )> r. 3 >) r. 4 >j r. 5 }> r. 6 }} r. 7 >> r. 8 >} r. 9 >} r. 10 5> r. 11 }} r. 12 i> r. 13 }} r. 14 >> r. 15 }> r. 16 >> r. 17 }> r. 18 }> r. 19 >> r. 20 Re-enacted altering- eight to ten days Slightly but materially amended and re-enacted ... ... Ee-enacted ipsissimis verbis . Ee-enacted with immaterial addition of "or judge " Slightly but materially amended, and re-enacted ... ... Verbally amended and re-enacted . Ee-enacted ipsissimis verbis Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis . Re-enacted with immaterial omission Mtv Re-enacted with immaterial addition of " or a judge " Re-enacted with immaterial addition Extracted, verbally amended, and re- enacted ... ... ... Re-enacted ipsissimis verbis . Re-enacted with material addition . . Extracted, materially amended and % added to ... • • • \ Extracted and verbally amended . ^ New Extracted, and slightly but immate- rially amended Extracted but considerably added to New Materially amended and re-enacted New New New New New New New New New Re-enacted with immaterial addition Slightly but immaterially amended . Materially amended and re-enacted . Re-written but substantially re- enacted ... ... . . . U. 1> r. 2 5> r. 3 7} r. 4 M r. )> r. G 0. 24, r. i 5> r. 2 >> r. 3 0. 25, r. 1 5J r. 2 5» r. 3 5> r. 4 >> r. 5 0. 2G r 1 „ r. 2 „ r. 3 r 4 0. 27, r. 1 „ r. 2 „ r. 3 „ r. 4 Verbally amended and re-enacted . Slightly amended and re-enacted . . Ee-enacted with immaterial addition Ee-enacted ipsissimis verbis New Slightly amended and re-enacted Verbally amended and materially 5? r. 6 J> r. 7 )) r. 8 J> r. 9 }} r. 10 )> r. 11 J> r. 12 J> r. 13 >> r. 14 5> r. 15 0. 28 r. 1 amended added to Verbally amended and re-enacted . . . Slightly but materially amended He-enacted i'psisstmis verbis New New New New Slightly but materially amended and re-enacted Slightly amended and re-enacted . . Ee-enacted ipsissimis verbis Slightly and immaterially amended but materially added to . New Verbally amended and re-enacted . . Ee-enacted omitting the words " or demurrer " ... ... Ee-enacted ijjsissimis verbis . Slightly but materially amended, and re-enacted Ee-enacted with slight unimportant additions ... ... ... Ee-enacted with addition of three material words . Ee-enacted ipsissimis verbis Ee-enacted with material addition New Ee-enacted omitting the words "or demurrer " Re-enacted immaterially omitting two and adding three words Materially amended and re-enacted Material!}' amended and re-enacted Ee-enacted adding the words "or judge" •• Ee-enacted ipsissimis verbis,' Extracted and slightly added to Ad.E.1859,r.l30 ( 0. 24, r. 1 ( Ad.E.1859, r.68 0. 24, r. 2 0. 24, r. 3 0. 25 0. 19, r. 14 0. 20, r. 1 0. 20, r. 2 0. 20, r. 3 15&16Vic.c.86,8.50 0. 23, r. 1 0. 23, r. 2 (E.Dec.l875,r.9) 0. 23, r. 2 (E.Jun.l876,r.lO) 0. 29, r. 1 0. 29, r. 2 0. 29, r. 3 0. 29, r. 4 0. 29, r. 5 0. 29, r. 6 0. 29, r. 7 0. 29, r. 8 0. 29. r. 9 0. 29, r. 10 0. 29, r. 11 0. 29, r. 12 0. 29, r. 13 0. 29, r. 14 0. 27, r. 1 Sources of the New Eules. 11 NTTMBEE rOEMEE OP NEW EUIE. EXTENT OF ALTERATION. ENACTMENTS OE EULE. 0. 28, r. 2 Sliglitly but materially added to and re-enacted 0. 27, r. 2 ,, r. 3 Ee-enacted vritli immaterial altera- tions and omissions • 0. 27, r. 3 ,, r. 4 Ee-enacted with unimportant altera- tion of '' seem " to " be " 0. 27, r. 4 ,, r. 5 Entirely re- written and substantially new 0. 27, r. 5 ,, r. 6 Ee-enacted with immaterial altera- tion and omission ... ... 0. 27, r. 6 ,, 1*. 7 Ee-enacted with immaterial omissions and addition 0. 27, r. 7 ij r- 8 Ee-enacted with unimportant verbal alterations and addition 0. 27, r. 8 ,, r. 9 Slightly amended and added to 0. 27, r. 9 „ r. 10 Slightly amended and added to 0. 27, r, 10 ,, r. 11 Ee-enacted, adding the words "■ or 0.41. A. summons " (E.Dec, 187£ l,r.5) ,, r. 12 Verbally amended and re-enacted . . . 0. 59, r. 2 (E.Apl.l880 r.44) ,, r. 13 JVeto 0. 29, r. 1 Ee-enacted ipstssmis rerhis Ad. E. 1859, r. 46 ,, r. 2 Verbally amended and re-enacted . . Ad. E. 1859, r. 47 ,, r. 3 Verbally amended and re-enacted . . Ad. E. 1859, r.48 ,, r. 4 Ee-enacted with a material addition Ad. E. 1859, r.49 ,, r. 5 Ee-enacted with a verbal amendment and material addition Ad. E. 1859, r. 50 ,, r. 6 Verbally amended and re-enacted . . Ad. E. 1859, r.51 ,, r. 7 Verbally amended and re-enacted . . Ad. E. 1859, r. 52 ,, r. 8 Verbally amended and re-enacted . Ad. E. 1859, r.53 ,, r. 9 New ,, r. 10 Slightly but immaterially added to Ad. E. 1859, r. 54 ,, r. 11 Verbally amended and re-enacted . . Ad. E. 1859, r. 55 ,, r. 12 Verbally amended and re-enacted . . Ad. E. 1859, r. 56 >} ^• 13 Nciv ,, r. 14 Verbally and materially amended . Ad.E. 1559, r.57 ,, r. 15 Verbally and materially amended . . Ad.E. 1859, r.58 ,, r. 16 Verbally amended and re-enacted . . . Ad.E. 1859, r. 59 ,, r. 17 Ee-enacted with a verbal amendment and unimportant omission Ad.E. 1859, r.60 ,, r. 18 Ee-enacted with a verbal amendment and sKght addition Ad.E. 1859, r. 61 0. 30, r. 1 Neio ,, r. 2 Neto ,, r. 3 Ne-w 0. 31, r. 1 Materially amended, limited, and added to . . . ... ... 0. 31, r. 1 12 Table I. NUMBER OF NEW UDLE. EXTENT OF ALTEUATION. FOBUBB ENACTMENT OB BULB. 0. 31, r. o M r. 3 r. 4 r. 5 r. 6 r. 7 r. 8 r. 9 r. 10 r. 11 r. 12 r. 13 r. 14 r. 15 r. 16 >y r. 17 >> r. 18 )> r. 19 n r. 20 5> r. 21 )> r. 22 >> r. 23 >> r. 24 >5 r. 25 >5 r. 26 }} r. 27 M r. 28 0. 32 r. 1 }> r. 2 r. 4 r. 5 Materially amended and extended to matters Re-enacted altei-ing "may" to "sLall" Verbally amended and extended to matters Extracted, verbally amended and extended to matters Extracted, materially amended and extended ... ... Re-enacted ipsissimis verbis . Re-enacted altering "may " to "stall" Re-enacted ipsissimis verbis Re-enacted ijmssimis verbis Materially added and extended to matters Re-enacted altering "may" to "shall' Verbally amended and re-enacted Materially amended and added to . Re-enacted with an xmimportant addition ... ... Re-enacted with a material and im portant addition Re-enacted with material additions Re-enacted and extended to matters Re-enacted ipsissimis verbis Re-enacted and extended to inter- rogatories Re-enacted and extended to inter- rogatories ... . . . Slightly but materially amended, and extended to matters Ifew JVeio New New VerbaUy amended and extended to matters SKghtly amended and extended to matters ... ... . . . Re-enacted altering "may" to "shall" and with a consequent addition . New New 0. 31 r. 2 0. 31, r. 3 0. 31, r. 4 0. 31, r. 5 (R.Nov. 1878,r,3) 0. 31, r. 6 0. 31, r. 7 0. 31, r. 7.a. R.Jun.l876,r.ll 0. 31, r. 9 0. 31, r. 10 0. 31, r. 12 0. 31, r. 13 0. 31, r. 11 0. 31, r. 14 0. 31, r. 15 0. 31, r. 16 0. 31, rr. 17, 18 0. 31, r. 19 0. 31, r. 20 0. 31, r. 21 0. 31, r. 22 0. 31, r. 23 0. 32, r. 1 0. 32, r. 2 0. 32, r. 3 Sources of the New Eules. 13 NUMBEB OP NEW EUIE. EXTENT OF ALTERATION. EORMER ENACTMENT OE RULE. 0. 32, r. 6 J> r. 7 >> r. 8 >> r. 9 0. 33, r. 1 >> r. 2 >) r. 3 }> r. 4 j> r. 5 >j r. 6 J) r. 7 > J r. 8 ) J r. 9 0. 34, r. 1 5> r. 2 5> r. 3 J7 r. 4 >' r. 5 JJ r. 6 >; r. 7 „ r. 8 „ r. 9 „ r. 10 „ r. 11 Materially amended, curtailed, and extended to matters . . Slightly amended and re-enacted . . . Materially amended and a form prescribed Verbally amended and extended to matters Re-enacted ipsissimis vc?'his Slightly and immaterially amended, and curtailed, and re-enacted Slightly and immaterially amended and extended to referees Ee-enacted ipsissimis verbis Verbally amended and re-enacted Slightly amended and re-enacted Verbally amended and re-enacted . Extracted and materially amended and re-enacted Slightly but materially amended and extended to matters Ee-enacted with an immaterial omis- sion and extended to matters . . . Re-enacted adding the ^vords "coun- sel or " Materially amended and extended to matters Re-enacted with a slight and unim- portant addition and extended to matters ... ... ... Verbally amended and extended to matters Extracted and extended to matters . . Restoration of the former law Slightly and immaterially amended, and extended to matters . Slightly and immaterially amended, and re-enacted Slightly and immaterially amended, and re-enacted ... . . . 0. 40, r. 11 0. 32, r. 4 15&16 Vice. 76, s. 119. 0. 26 0. 33 15 &16Vic. c. 86, s. 54 Cons. Or. 35, r. 33 Cons. Or. 35, r. 34 Cons. Or. 23, r. 14 Cons. Or. 23, r. 15 Cons. Or. 23, r. 16 Cons. Or. 35, r. 23 0. 34, r. 1 0. 34, r. 2 0. 34, r. 3 0. 34, r. 4 0. 34, r. 5 0. 34, r. 6 (R.Apl. 1880, r. 9) 0. 34, r. 7 (R.Ajil. 1880,r.l0) rO. 34, r. 7 (R.Ap.l880rl0) and <( 0. 4. a (costs) ■ (R.Ap.l880r64) previously 0. 4 (costs) 15 & 16 Vic. 0.76, s. 42 15 & 16 Vic. 0.76. s. 43 15 & 16Vic. c. 76, s. 44 14 Table I. HTTMBEB or KEW BULK. EXTENT OF ALTEUATION. FOBMBB ENACTMENT OB BULB. 0. 34, r. 12 0. 35, r. 1 r. 2 r. 3 r. 4 r. 5 r. 6 r. 7 r. 8 r. 9 r, 10 r. 11 r. 12 r. 13 r. 14 r. 15 r. 16 r. 17 r. 18 r. 19 r. 20 r. 21 r. 22 r. 23 r. 24 30, r. 1 r. 2 r. 3 r. 4 Re-enacted with immaterial addition 15&16 Yic.c.76, 8. 45 Extracted, verbally amended and n extended to matters . . ( Extracted, verbally amended and f (R.Jun. 1876,r. 12) extended to matters . . • • I Slightly but immaterially amended and re-enacted Materially added to and extended to matters .... Materially added to, and amended, and extended to matters Verbally amended and extended to matters ... ... ... Re-enacted ipsissimis verbis . Re-enacted ijmssimis verbis Materially amended and re-enacted Re-enacted i2)sissimis verbis Re-enacted ipsissimis verbis Verbally amended and extended to matters Slightly amended and re-enacted . . . Slightly amended and re-enacted with a material addition New Extracted, verbally amended, and >. extended to matters . . I Extracted, verbally amended, and J extended to matters . . . ^ Nero Verbally amended and extended to matters ... ... Materially amended and re-enacted Verbally amended and extended to matters New Re-enacted ipsissimis verbis Slightly amend-^d and re-enacted Re-svritten and materially amended Re-enacted but iiuiterially limited and amended New Verbally aniendi d ind re-enacted 0.35, r. La. 0. 35, r. 2 0. 35, r. 3 0. 35, r. 3. a. (R.Apl.l880,r.ll) 0. 35, r. 4 0. 35, r. 5 0. 35, r. 6 0. 35, r. 7 0. 35, r. 8 0. 35, r. 9 0. 35, r. 10 rO. 35, r. 11 0. 35, r. 11. a. ^ (R.Dc.l875,rlO) 0. 35, r. 12 0. 35, r. 13 0. 19, r. 29 0. 35, r. 14 0. 19, r. 29. a. (R.Mch. 1879,r.4) 0. 35, r. 15 (R. Dec.l875,r.ll) 0. 35, r. 16 (R.Mayl880,r.3(0 0. 36, r. 1 0. 36, r. 3 0. 36, r. 26 Sources of the New Rules. 15 NTTMBEE OP NEW EULE. EXTENT OF ALTEEATION. FOEMEB ENACTMENT OE EULE. 0. 36, r. 5 „ r. 6 „ r.7(«) „ r.7(5) „ r. 7{c) > r.7W > r. 8 r. 9 > r. 10 5 r. 11 )y r. 12 »' r. 13 If r. 14 >> r. 15 j> r. 16 >) r. 17 5> r. 18 >> r. 19 ^> r. 20 J> r. 21 >> r. 22 >> r. 23 ?J r. 24 7> r. 25 ;» r. 26 Neio Verbally amended and re-enacted Entirely re-written and materially amended and extended to matters Extracted, amended, and extended to matters ... ... Extracted, amended and extended to matters .... Extracted and verbally amended . . Verbally amended and extended to matters Verbally amended and re-enacted . . JYew Ee-written, materially amended, and extended to matters . Extracted and verbally amended . . Ee-enacted with, an immaterial omission Slightly amended and extended to matters ... ... . . . Materially amended and added to . Ee-enacted with addition of a netv provision Verbally amended and re-enacted . . Verbally amended and re-enacted . . Ee-enacted ipsissimis verhis. Ee-enacted ipsissimis verhis Verbally amended and re-enacted . Materially amended and added to and extended to matters . Extracted, and re-enacted, omitting^ four immaterial words Extracted, and re-enacted, omitting four immaterial words and " Taunton" Extracted, and materially amended and re-enacted Extracted, verbally amended, and re-enacted Extracted, verbally amended and re-enacted 0. 36, r. 27 0. 36, r. 2 15 & 16 Vice. 76, s. 109. ^ 15 & leVic.c. 76, ) s. 109. \ E.G.H.T. 1853, ^ r. 44. 15 & 16 Vice. 76, s. 109. 0. 36, r. 6 0. 36, r. 7 0. 36, r. 3 0. 36, r. 4 0. 36, r. 4. a (E.June,1876r.l3) 0. 36, r. 8 0. 36, r. 8 (E. Dec 1875,r. 12). 0. 36, r. 9. 0. 36, r. 10 0. 36, r. 10. a. (E.Dec 1875 r. 13) 0. 36, r. 11 0. 36, r. 12 0. 36, r. 13 0. 36, r. 14 Cons. Or. 21,r. 10 0. 36, r. 15. a. (E.Decl879,r. 4) 16 Table I. KTTMBKK OF NEW RULE. EXTENT OF ALTERATION. FORMEE ENACTMENT OR RULE. 0. 36, r. 27 „ r. 28 „ r. 29 „ r. 30 „ r. 31 „ r. 32 „ r. 33 „ r. 34 „ r. 35 „ r. 36 „ r. 37 ,, r. 38 „ r. 39 „ r. 40 „ r. 41 „ r. 42 „ r. 43 ., r. 44 ,, r. 45 „ r. 46 „ r. 47 „ r. 48 „ r. 49 „ r. 50 „ r. 51 „ r. 52 „ r. 53 „ r. 54 „ r. 55 ,, r. 56 „ r. 57 Extracted, verbally amended aud \ re-enacted / Extracted, verbally amended and i and re-enacted / Entirely re-written and materially added to . Verbally amended and re-enacted . . Verbally amended and re-enacted . . Verbally amended and re-enacted . . . Re-enacted ipsissi/nis verbis. Re-enacted with, a material addition. Slightly amended and extended . . . Verbally amended and re-enacted . JVeio New Re-enacted with immaterial omission New Re-enacted adding the words "or master " Slightly but materially amended and added to . . . ... ... Re-enacted ipsimmis verbis - Verbally amended and extended to matters Verbally amended and curtailed . . . Verball}^ amended and re-enacted . . Verbally amended and re-enacted . Re-enacted, immaterially altering " by" to " with " in last line . . . Re-enacted with verbal addition and material omission. Materially amended and extended . . Re-enacted ipsissimis verbis Re-enacted ijmssimis verbis , New New New New Slightly but materially amonded and curtailed 0. 36, r. 15. a. (R.Dec. 1879 r. 4) 0. 36, r. 16 0. 36, r. 17 (R.Dec. 1875,r. 14) O. 36, r. 18 0. 36, r. 19 0. 36, r. 20 0. 36, r. 21 Cons. Or. 30, r. 3 17 & 18 Vice. 128 s. 18 0. 36, r. 22.a. (R. Dec. 1876, r. 3) 0. 36, r. 23 0. 36, r. 24 0. 36, r. 28 0. 36, r. 29 0. 36, r. 29.a. (R.June. 1876.r. 14) 0. 36, r. 29.b. (R.June 1876,r.l5) 0. 36, r. 29.C. (R.June 1876,r.l6) 0. 36, r. 30 0. 36, r. 31 0- 36, r. 32 O. 36, r. 33 0. 36, r. 34 (R. Mch.l879r.5) 15 & 16 Vic. c. 7e s. 94 Sourcesof the New Kules. 17 NtTMBEE ■%>r NEW KULE. EXTENT OF ALTEKATION. FORMER ENACTMKNT OE RULE. O. 36, r. oi 0, 37, r. 1 r. 3 -)> r. 4 ■■}> r. 5 ->> r. 6 ■" r. 7 ■>> r. 8 1) r. 9 •}> r. 10 J> r. 11 7 7 r. 12 7) r. 13 7> r. 14 7> r. 15 77 r. 16 -77 r. 17 >* r. 18 77 [r. 19 7> r. 20 >> r. 21 ■>> r. 22 JVeu; . Re-enacted witli uuimportant verbal additions . . . . Extracted and re-enacted . . Re-enacted ipsisshnis verbis New Verbally amended and re-enacted with immaterial omission Extracted and re-enacted . . Extracted, materially amended and extended to matters. . . ... Extracted, and curtailed and re- enacted .... Verbally amended and re-enacted . . Extracted and verbally and slightly -j amended and added to . j- Extracted and verbally amended J Extracted, and materially amended and added to ... . . . Extracted, and materially amended^ and added to . . . | Extracted, and verbally amended \ and curtailed . . .1 Extracted and materially added to J Extracted, and verbally amended and re-enacted Verbally amended, and curtailed and re-enacted Materially amended and extended t o matters ... ... Extracted and verbally amended and re-enacted ... Extracted, and slightly butmaterially amended and re-enacted Verbally amended, curtailed, and re-enacted ... ... Slightly amended and extended to matters . . . . 0. 37, r. 1 Ad. R. 1859, rr. 78, 108 R..May,1883, r.7. 0. 37, r. 4. 0. 60. A. r. 12 (R.Apl.l880, r. 52) 17 & 18 Vic. c. 128, s. 47 1 Will. IV. c. 22, s 5 i AViU. IV. c. 122, s. 5 1 Will. IV. c. 22, s. 5 15&16Vic. c. 86, s. 31 15&16Vic. c. 86, s. 32 15 & 16 Vice. 86, s. 33 15 &16 Vice. 83, s. 34 flWill.IV.c22, ) s. 8 ) 17 & 18 Vic c. L 128, s. 56 iWill. IV.C22, s. 10 15&16 Vicc8u, s. 35 15&16 Vice. 86, s. 40 15 & 16 Vice So s. 41 Cons. Or. 19,r. 10 IS Table I. NFMHER OF KEW RFLE. EXTENT OF AtTEHATION. FORMER ENACTMPNT OR UULB. 0. 37 . r. 23 ;j r. 24 }} r. 25 )7 r. 26 5> r. 27 J) 5) r. 28 r. 29 r. 30 r. 31 r. 32 r. 33 7> r. 34 >> r. 35 >> r. 36 0. 38 r. 37 r. 38 r. 1 r. 2 r. 3 j> r. 4 j> r. 5 jj r. 6 >? r 7 7> r. 8 J> r. 9 J> r. 10 7J r. 11 r 12 Slightly but materially amended and extended to matters . . SL'glitly and immaterially amended and extended to matters Extracted, slightly and immaterially amended and extended to matters Extracted, verbally amended, and re-enacted Yerhally amended, curtailed, and i-e-enacted Verbally amended and re-enacted . Ee-enacled with a material addition Ee-enacted ipsissmis verbis Ee-enacted ipsissimis verbis . Ee-enacted ipsissimis verbis Ee-enacted, omitting foiu' immaterial ■words ... ... ... Ee-enacted, omitting an obsolete provision Extracted, verbally amended and re-enacted . . Slightly amended curtailed and re-enacted ... Verbally amended and re-enacted . Verbally amended and re-enacted . . Ee-enacted i2)Sissmis verbis New Ee-enacted ipsissimis verbis . Verbally amended, re-enacted curtailed, and Extracted, materially amended, and re-enacted ... . . . Slightly and verbally amended and re-enacted Ee-enacted ipsissimis verbis Ee-enactcd ipsissimis verbis Ee-enacted ii^sissimis verbis . Ee-enacted with material additions Ee-written with a material addition as to costs Ee-enacted ipsissimis verbis Cons. Or.l9,r. 11 Cons. Or. 19,r. 12 Ch.Or.5,Feb.l861. r. 15 Cons. Or. 28, r. 1 Cons. Or. 28,r. 2 Cons .Or. 35, r. 29 Cons. Or. 28, r. 3 Cons. Or. 28, r. 4 Cons. Or. 28, r. 5 Cons. Or. 28, r. 6 Cons. Or. 28, r. 8 Cons. Or. 28, r. 9 5 &6Vic.c. 69,s. 1 5 & 6 Vic. c.69,8.2 Cons. Or. 9, r. 6 Cons. Or. 9, r. 7 0. 37, r. 2 0. 37, r. 3 rCons. Or. l,r. 39 ) r. 8 >) r. 9 11 r. 10 0. 41, r. 1 >> r. 2 J) r. 3 >> r. 4 >> r. 5 ,, r. 6 „ r. 7 „ r. 8 „ r. 9 „ r. 10 O. 42, r. 1 „ r. 2 „ r. 3 „ r. 4 ,, r. 5 ,, r. 6 „ r. 7 „ r. 8 „ r. 9 „ r. 10 „ r. 11 Extracted, slightly but materially amended and ro-onacted Extracted, slightly but materially amended and re-enacted Extracted and re-enacted with a material addition .... Slightl}' but materially amended, and added to . Slightly but materially amended and re-enacted Verbally amended and re-enacted . Slightly but materially amended, and re-enacted ... ... Verbally amended and materially I added to . I Slightly but materially amended, and i re-enacted Re-enacted omitting obsolete words j Materially amended and added to Re-enacted ipstsswiis verbis Slightly and immaterially amended j and re-enacted . Re-enacted with immaterial omis- I sion of " or signed " . . Re-enacted ijjsissimts verbis Verbally amended and re-enacted . Verbally amended and re-enacted . . Verbally amended and re-enacted. . . Extracted, verbally amended and re- enacted . Verbally amended and re-enacted Re-enacted ijysissimis verbis Re-enacted ipsissimis verbis Re-enacted ipsissiinis verbis Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis Re-enacted, twice adding the words " or order " ... Materially amended and re-enacted Re-enacted omitting the word "judg- ment " and adding " or order " 0. 40, r. 4 (R.Dec. 1876,r.7) ( 0. 40, r. 5 I and ( R. Dec. 1876,r.7 0. 40, r. 7 0. 40, r. 8 0. 40, r. 9 0. 40, r. 10 0. 41, r. 1 0. 41, r. l.a. (R.Apl.l880,r.l9) 0. 41, r. 2 0. 41, r. 3 Ch.Or.7 Jan. 1870 r. 1 0. 41, r. 4 0. 41, r. 5 R. G.H. T. 1853, r. 171 R. G.ir.T. 1853, r. 156 R. G. H.T. 1853, r. 157 Cons. Or. 29, r. 1 Cons. Or. 23, r. 22 0. 42, r. 1 O. 42, r. 2 0. 42, r. 3 0. 42, r. 4 0. 42, r. 5 0. 42, r. 6 0. 42, r. 7 0. 42, r. 8 0. 42, r. 9 Sources of the New Rules. 21 NUMBEE OP NEW EULE. EXTENT OF ALTERATION. EORMEB ENACTMENT OE EULE. 0. 42, r. 12 r. 13 r. 14 r. 15 r. 16 r. 17 5> r. 18 r. 19 r. 20 r. 21 r. 22 r. 23 r. 24 >> r. 25 J> r. 26 n r. 27 >> r. 28 j> r. 29 >> r. 30 n r. 31 >» r. 32 >> r. 33 )> r. 34 0.43, r. 1 jj r. 2 >> r. 3 )> r. 4 >> r. 5 )) r. 6 Re-enacted altering "may" to"shall" Ee-enacted ipsissimis verbis Re-enacted altering "may" to "shall" Re-enacted ipsissimis verbis Re-enacted and extended to orders . Materially amended and extended to orders . . . . Yerbally amended, extended to orders and made universal . . Materially amended and limited, and extended to orders ... ... Verbally amended and re-enacted . Re-enacted ipsissimis verbis Re-enacted and extended to orders . Materially amended and re-enacted Re-enacted with immaterial omission and addition ... ... JVew Verbally amended and extended to matters .... Re-enacted ipsissimis verbis Re-enacted with immaterial omission Re-enacted ip>sissimis verbis Materially amended and extended . Materially amended and extended . . Materially amended and extended . Neio Re-enacted ipsissimis verbis . . . Verbally amended and re-enacted . Verbally amended and re-enacted . . Verbally amended, and re-enacted with unimportant omissions . , . Re-enacted ipsissimis verbis Verbally amended and extended to orders r 0. 42, r. 10 I and '- R.Jun.l876,r.l7 0. 42, r; 11 0. 42, r. 12 0. 42, r. 13 0. 42, r. 14 0. 42, r. 15 0. 42, r. 15. a. (R.Apl.l880, r.20) / 15 & 16 Vic, c. ) 76, s. 120 R.a.H.T. 1853, I r. 57 0. 42, r. 16 0. 42, r. 17 0. 42, r. 18 0. 42, r. 19 15&16Vic.,c.76, s. 132 17 & 18 Vic, c. 128, s. 91 0. 42, r. 20 0. 42, r. 21 0. 42, r. 22 0. 42, r. 23 0. 42, r. 24 17 &18Vic,cl24, R. 74 23&24Vic,cl26, s. 33 0. 45, r. 1 0. 43, r. 1 Cons. Or. 29, r. 9 Cons. Or. 29, r. II Cons. Or. 29,r. 13 0. 43, r. 2 0. 47, r. 1 22 Table T. _ 1 FOEMEK UrMBEIl 1 fXTENT OP ALTBBATION. BNACTMENT > r. 18 j> r. 19 j> r. 20 }f r. 21 )> r. 22 )> r. 23 0. 51, r. 1 }) r. 2 }} r. 3 }> r. 4 }> r. 5 }> r. 6 7) r. 7 ly r. 8 }> r. 9 J) r. 10 }) r. 11 }7 r. 12 }> r. 13 >> r. 14 3> r. 15 >> 1'. 16 0.52, r. 1 }f r. 2 yy r. 3 yy r. 4 y> r. 5 y) r. 6 •y r. 7 >> r. 8 yy r. 9 >y r. 10 }y r. 11 Materially amended and re-enacted Verbally amended and re-enacted . . Ee-written and materially amended Extracted, slightly bnt materially amended and re-enacted "Verbally amended and re-enacted . Exti'acted and re-enacted Slightty but materially amended and extended to matters. . . Slightly but materially amended and extended to matters Verbally amended and re-enacted . . Verbally amended and re-enacted. . . Ee-enacted, altering "are to" to "shall". Ee-enacted, altering " are to " to "shaU" Extracted, slightly amended and re-enacted Extracted, verbally amended and re-enacted Verbally amended and re-enacted . Verbally amended and re-enacted . Verbally amended and re-enacted . Verbally amended and re-enacted Verbally amended and re-enacted . Verbally amended and re-enacted . Verlmlly amended and re-enacted . Verbally amended and re-enacted . Ee-enacted and extended to matters Ee-enacted and materially ex- tended . . • . Verbally amended and re-enacted . . Ee-enacted with a material addition Ee-enacted ipsissimis verbis Ee-enacted ipsisswrn verbis . Ee-enacted omitting the words " in the action " . . Ee-enacted ipsissimis verbis ' ... Verbally and slightly but materially amended and re-enacted . Ee-enacted -ipsissimis verbis Cons. Or. 24, r. 2 Ch.Eeg.l857,r.2'J Cons. Or. 24, r. 3 Cons. Or. 35,r. 23 Cons. Or. 24,r. 4 Ch.Or.Nov. 1862. r. 19 15 & 16 Vic. c- 86, 8. 55 15 & 16 Vic. c. 86, s. 56. Cons. Or. 35,r. 13 Ch.Eeg.l857,r.l3 Ch.Eeg.l857,r.l4 Ch.Eeg.l857,r.l5 15 & 16 Vic. 0. 80, s. 40 Cons. Or. 2, r. 1 Cons. Or. 2, r. 2 Cons. Or. 2, r. 3 Cons. Or. 2, r. 4 Cons. Or. 2, r. 5 Ad.E. 1859,r.l24 Ad.E. 1859,r.l25 Ad.E.1859,r.l26 0. 53, r. 1 0. 53, r. 2 0. 53, r. 3 0. 53, r. 4 0. 53, r. 5 0. 53, r. 6 0. 53, r. 7 0. 53, r. 8 Ad.E. 1859 rr. 139, 140 E.May, 1883, r.& Sources of the New Ruler. 25 NTTMBEE OF NEW BJJLE. EXTENT OF ALTEBATION. PORMEE ENACTMENT OK EUI/E. r. 12 }} r. 13 )} r. 14 5> r. 15 5> r. 16 r. 17 }> r. 18 >» r. 19 >> r. 20 3> r. 21 )i r. 22 )) r. 23 0. 53 r. 1 )> r. 2 >> r. 3 j> r. 4 5J r. 5 3) r. 6 J> r. 7 5> r. 8 JJ r. 9 J> r. 10 JJ r. 11 J> r. 12 33 r. 13 33 r. 14 33 r. 15 0. 54, r. 1 33 r. 2 33 r. 3 13 r. 4 ISliglitly but materially ameuded and re-enacted ... . • . Materially amended and added to . Materially amended and re-enacted Verbally amended and re-enacted . . Verbally amended and re-enacted . . Extracted and re-enacted with a ver- bal addition Verbally amended, curtailed, and re-enacted . . Extracted, verbally amended and curtailed ... ... ... Verbally amended and re-enacted . Ee-enacted witb an immaterial addi- tion . . Ee- enacted with, an immaterial addi- tion ... ... Verbally amended and re-enacted . . Slig'btly amended, curtailed and re- enacted .... Extracted and re-enacted altering "may" to ''shall" Materially amended and added to . JYeiv New Extracted and materially amended -j Extracted, materially amended, >- and a form prescribed . . J New New New New New New New New Ee- enacted with verbal omissions and a material addition New Extracted and re-enacted altering " are " to " shall " Materially amended and re-enacted If.CJ.II.T. 1853, r. 134 E.G.H.T. 1853, r. 149 E.May, 1883,r.lO E.May, 1883, r. 9 Cons. Or. 34, r. 1 Cons. Or. 34, r. 2 Cons. Or. 34, r. 3 Ch. Or. 20th Mch. 18G0, r. 1 Ch. Or. 20th Mch. 1860, r. 2 Ch. Or. 20th Mch. 1860, r. 3 Ch. Or. 20th Mch. 1860, r. 4 Ad.E.1859, r. 155 17 & 18 Vic. c. 128, s. 68 0. 3, r. 3 l7&18Vic.c.l28, ss. 71, 72 l7&18Vic.c. 128 s. 76 0. 54, r. 1 Ch.Eeg.l857, r. 1 Cons. Or. 35, r. "' 26 Table I. NUMBBE OF NEW RULE. EXTKNT OF ALTERATIOK. FOHMKB ENACTMENT OB UULB. 0. 54, r. 5 r. 6 r. 7 r. 8 r. 9 r. 10 r. 11 r. 12 r. 13 r. 14 r. 15 r. 16 r. 17 r. 18 r. 19 r. 20 r. 21 r. 22 r. 23 r. 24 r. 25 r. 26 U !'• 27 „ r. 28 0. 55, r. 29 1 Vcrlxill}'- amended and re-enacted . I Extracted and materially added to . Verbally amended and re-enacted . . Eo-enacted ipsissimis verbis . . . Re-enacted ij^sissunis verbis . First part, neiv ; last part, re-enacted without material alteration Verbally amended and re-enaotod . Slig'litly amended and re-enacted . . . Materially amended and added to New Neio New New New New New Re-enacted ipsissimis verbis Materially amended and re-enacted Re-enacted ipsissimis verbis New Re-enacted, omitting- C. P. & Exc. Divs. Re-enacted, omitting C. P. & Excb. Divs. and excluding D. R.s Verbally amended and re-enacted . . Re-enacted ijjsissimis verbis Extracted and re-enacted ipsissimis verbis . . . . Re-enacted ipsissimis verbis Extracted, verbally amended and re-enacted ... . . . Cons. Or. 35, r. 10 0. 54, r. 12 (R.Apl.l880,r.38) Cons. Or. 35, r. 11 Cons. Or. 40, r. 31 Cons. Or. 35, r. 14 15 & 16 Vic. c. 80, s. 27 0. 54, r. 8 (R.Apl.l880,r.34) O. 54, r. 9 (R.Apl.l880,r.35) f 0. 54, r. 2 I 0. 54, r. 2, a. I R. Jun. 1876, r. 19) and 0. 54, r. 2, a. (R. Nov. 1878, L r.4) 0. 54, r. 3 0. 54, r. 4 0. 54, r. 5 0. 64, r. 6 (R.Mch.l879,r.8) O. 54, r. 7 (R.Apl.l880,r.33) iO. 54, r. 10 R.Ar)1.1880r.36) 0. 54, r. 10. a. (R.May 1880r.4) O. 54, r. 11 (R.Apl.l880,r.37) 0. 54, r. 12 (R.Apl.l880,r.38) 0. 54, r. 13 (R.Apl.l880,r.39) 15&16Vic. c. 80, 8. 12 Sources of the New Ru'es. 27 NTJMBEE OF NEW KULE. EXTENT OF AITEEATION. FOEMEB ENACTMENT OE EUIB. r. 2 r. 3 r. 4(«) .{c) r 5 r 6 r 7 y 8 r 9 r 10 r. 11 r 12 r. 13 r. 14 r. 15 r. 16 r. 17 r. 18 r. 19 r. 20 r. 21 r. 22 r. 23 r. 24 r. 25 r. 26 r. 27 r. 28 Materially amended and added to . JYeiv Ee-enacted and curtailed in lan- guage but materially enlarged in scope . . . . Ee-enacted and curtailed in lan- guage but materially enlarged in scope . . . . JVew New New New New Extracted and verbally amended and extended New New Neio Extracted and re-enacted ipsissimts verbis ... ... ... Ee-enacted ipsissimis verhis . Slightly amended and a material proviso added Verbally and slightly but materially amended ... ... ... Verbally amended and re-enacted . Ee- written, verbally amended, cur- tailed, and re-enacted . . Verbally amended, limited to cham- bers, and re-enacted Slightly amended, curtailed, and re- enacted .... New Verbally amended and re-enacted . . Verbally amended and re-enacted Ee-enacted, altering "may" to "shaU" . . . Ee-enacted, altering "is to" to "shaU". Ee-enacted, altering "is to" and "are to" to "ehaU" Ee-enacted, twice altering " de- cree" to "judgment" Ee-enacted, thrice altering "decree" to "judgment " 15&16Vic. c. 80, s. 26 15 & 16 Vic. c. 86 s. 45 15& 16,Vic. c. 86, s. 47 15&16Vic. c. 86, s. 45 Cons. Or. 41, r. 10 Cons. Or. 41, r. 13 15&16Vic. c. 80, s. 29 15&16Vic. c. 80, s. 30 15 & ICVic. c. 80, s. 31 Cons. Or. 35, r. 45 15 & 16 Vic. c. 80, s. 42 Cons. Or. 35, rr. 3, 5, 6 Cons. Or. 35, r. 8 Cons. Or. 35, r. 9 Cons. Or. 35, r. 4 Ch.Eeg.l857,r.l9 Ch.Eeg.l857,r.20 Cons. Or. 7, r. 7 Cons. Or. 35, r. 15 28 Table I. NFMBEK OP NEW KCLE. EXTENT OF ALTERATION. FOBMBB ENACTMENT OB BULB. 0. 55, r. 29 r. 30 r. 31 r. 32 r. 33 r. 34 r. 35 r. 36 r. 37 r. 38 r. 39 r. 40 r. 41 r. 42 r. 43 r. 44 r. 45 r. 46 r. 47 r. 48 r. 49 r. 50 r. 51 r. 52 r. 53 r. 54 r. 55 r. 56 r. 57 r. 58 r. 59 Ive-eiiactod. altering "is to" to "shall" Ee- enacted, altering " is to " to " shall, " and " decree " to "judgment" Slightly but materially amended and re-enacted ... . . . Ee-enacted, twice altering " decree" to "judgment" . Verbally amended and re-enacted . . Verbally amended and re-enacted . . Ee-enacted, altering "decree" to "judgment" ... . . . New Ee-enacted with an unimportant omission Ee-enacted omitting appointments . . Ee-enacted ■/psissimis verbis Verbally amended and materially added to . Ee-enacted ipsissimis verbis New Neio Verbally amended and re-enacted . . Ee-enacted •ijjsissimis verbis Ee-enacted altering "decree" to "judgment" Verbally amended and re-enacted . . Slightly, but materially amended and re-enacted ... Ee-enacted -ipsissimis verbis . Ee-enacted iptsissimis verbis and form prescribed Ee-enacted ipsissimis verbis Ee-enacted, adding "of creditors and forms prescribed Ee-enacted ipsissimis verbis Ee-enacted ipisissimis verbis Ee-enacted adding the words "of creditors " . Ee-enacted ipsissimis verbis and forms prescribed Ee-enacted ipsissimis verbis Verbally amended and re-enacted Slightly but materially amended and re-enacted Ch.Reg.l857, r. 3 Ch.Reg.l857,r. 6 Ch.Eeg. 1857,r. 8 Cons. Or. 35, r. 22 Cons. Or. 35, r. 16 Cons. Or. 35, r. 17 Cons. Or. 35, r. 18 Cons. Or. 35, r. 26 Cons. Or. 35, r. 24 Cons. Or. 35, r. 25 Cons. Or. 35, r. 20 Cons. Or. 35, r. 21 Cons. Or. 35, r. 12 Cons. Or. 35, r. 35 Cons. Or. 35, r. 36 ( Cons. Or.35, r.37 j Ch.Or.Mayl865, Cons. Or. 35, r. 39 Ch. Or. 1865, r. 2 Ch. Or. 1865,r.3 Ch. Or. 1865, r. 4 Ch. Or. 1865, r. 5 Ch. Or. 1865, r. 6 Cons. Or. 35, r. 40 Ch. Or. 1865, r.7 Ch. Or. 1865, r. 8 Cons. Or. 35, r. 43 Cons. Or. 40, r. 24 Cong. Or. 35, r. 44 Sources of the New Ru-es. 29 NTMBEE OF NEW BULE. EXTENT OF ALTERATION. rOEMEE ENACTMENT OE EULE. 0. 55, r. 60 r. 61 r. 62 >> r. 63 >> r. 64 >j r. 65 J) r. 66 r. 67 5> 5> r. 68 r. 69 ?> r. 70 >> r. 71 >> r. 73 J} ■" r. 74 )j r. /5 O. 56, r. 1 n r. 2 >> r. 3 >> r. 4 »> r. 5 5> r. 6 ?> r. 7 J» r. 8 J> r. 9 1> r. 10 r. 11 Verbally amended and re-enacted and a form prescribed Re-enacted and extended to claimants Re-enacted, twice altering " decree " to " judgment " Re-enacted, twice altering " decree " to "judgment," and "suit" to " cause or matter " Re-enacted, altering "decree" to "judgment" ... . . . Materially amended and added to Verbally amended and re-enacted . Verbally amended, and curtailed, and re-enacted Materially amended and re-enacted Materially amended and added to . . . Verbally amended and re-enacted Extracted, entirely re-written, but substantially re-enacted Slightly amended and re-enacted with a material addition Verbally amended and re-enacted Re-written and materially amended Re-written and amended Verbally amended and re-enacted . Re-enacted, twice altering " proctor " to " solicitor" Verbally amended and re-enacted . Verbally amended and re-enacted . Re-enacted, altering "proctor" to " solicitor " ... ... Verbally amended and re-enacted . Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis Re-enacted, altering " jiroctor " to " solicitor " . Verbally amended and re-enacted . . Re -enacted, twice altering " proctor " to "solicitor" ... . . . Oh. Or. 1865, r. 12 Ch. Or. 1865,r. 13 Cons. Or. 42, r. 9 Cons. Or. 42, r. 10 Cons. Or. 4 2, r. 11 15 &16 Vice. 80. s. 32 Cons. Or.35,r.47 Cons, Or. 35, r. '48 Cons. Or.35, r. 46 15 & 16 Vice. 80, s. 33 rCons,Or.35,r. 55 15 & 16 Vic. c. J 80, s. 34 i Cons.Or.35,r. 52 ! Cons.Or.35,r. 53 lGons.Or.35,r. 54 15 & 16 Vice 80, s. 34 Ch.Reg.l857,r.l8 Cons. Or.35. r. 57 Cons. Or.35, r. 32 Ch.Reg.l857,r.24 Ad.R. 1859,r.l07 Ad.R. 1859,r.l08 Ad.R. 1859,r.l09 Ad.R. 1859,r.ll0 Ad.R. 1859,r. Ill Ad.R. 1859,r.ll2 Ad.R. 1859,r.ll3 Ad.R. 1859,r.ll4 Ad.R. 1859,r.ll5 Ad.R. 1859,r.ll6 Ad.R. 1859,r.ll7 30 TaWe I. KTTMBER OF NEW KCLE. EXTENT OP ALTERATION. FOBMIB ENACTMENT OR HTJIE. 0. 56, r. 12 VerLally amendocl and re-onacted 0. 57, r. 1(«) Extracted, vcrbaUy amended, cur- tailed, and re-enacted r. 1(b) Extracted, verbally amended, cur- tailed and re-enacted r. 2 Extracted, slightly but materially amended, and re-enacted in part . . . . r. 3 Verbally amended and ro-enacted . . r. 4 Extracted, slightly and immaterially amended and re-enacted r. 5 Extracted, verbally amended and re- enacted r. 6 Extracted, verbally amended and re- enacted r. 7 Extracted, slightly but materially amended and re-enacted r. 8 Slightly but materially amended and re-enacted Slightly amended and materially added to Slightly but materially amended and ro-enacted ... ... Materially amended and added to . Verbally amended, and curtailed, and re-enacted New New r. 9 r. 10 r. 11 r. 12 r. 13 r. 14 r. 15 0.5 8 r. 1 )7 r. 2 5) r. 3 ■)1 r. 4 ■>■) r. 5 11 r. 6 r. 7 Verbally amended and re-enacted Tie-enactod xpsusimis verhis Verbally amended and re-enacted . Matcirially amended and re-enacted Materially amended and re-enacted Materially amended and re-enacted Re-enacted tpsissimis verbis JRe-enacted i2)8i88imis verbis Ad.E. 1859,r.ll8 l&2AVill.IV.c.58 s. 1 1 & 2 Will. IV c. 58, 8. 6 24 & 25 Vice. 10, s. IG i;&2 Will.IV.c. 58, s. 1 23 & 24 Vic. c. 126, s. 12 0. 1, r. 2 1 & 2 WiU. IV. c. 58, s. 1 1 & 2 Will. IV. c. 58, s. 1 1 & 2 Will. IV. c. 58, s. 1 1&2 WilllV.c. 58, s. 1 23&24Vic.c. 126, s. 14 23 & 24 Vice. 126, 3. 15 1 & 2 Will. IV. c. 58, s. 3 23 & 24 Vice 126, s. 17 23 & 24 Vice 126, s. 13 1 & 2 Will.IV.c. 58, as. 1, 6 23 & 24 Vic. c 126, s. 14 0. 58, r. 2 O. 58, r. 3 O. 58, r. 4 0. 58, r. 5 0. 58, r. 5.a. (E.Mch.l879,r.9) 0. 58, r. 6 0. 58, r. 7 Sources of the New Rules. 31 NUMBER OF NEW EUIE. EXTENT OF ALTERATION. PORMEB ENACTMENT OR RUIB. 0. 58, r. 8 r. 9 r. 10 r. 11 r. 12 r. 13 r. 14 r. 15 r. 16 r. 17 r. 18 „ r. 19 0. 59, r. 1 „ r. 2 „ r. 3 „ r. 4 „ r. 5 „ r. 6 0. 60, r. 1 „ r. 2 „ r. 3 „ r. 4 0. 61, r. 1 „ r. 2 „ r. 3 „ r. 4 „ r. 5 „ r. 6 „ r. 7 „ T. 8 „ r. 9 Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Materially amended and added to Ee-enacted omitting the word " so " Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Slightly amended and re-enacted . . . Verbally amended and re-enacted . Verbally amended and extended to matters Hetv Materially amended and re-enacted N'eto Neio Verbally amended, curtailed and re- enacted • . . ... . . . Ee-enacted ipsissimis verbis . Ee-enacted ipsissimis verbis Materially amended and re-enacted Materially amended and added to. . . Verbally amended and materially added to Verbally amended and re-enacted . . New Ee-enacted ipsissimis verbis Extracted and re-enacted ipsissimis verbis Extracted and re-enacted ipsissimis verbis New Ee-enacted ipsissimis verbis 0. 58, r. 8 0. 58, r. 9 0. 58, r. 10 0. 58, r. 11 0. 58, r. 12 0. 58, r. 13 0. 58, r. 14 0. 58, r. 15 0. 58, r. 16 0. 58, r. 17 0. 58, r. 18 E.G.T.T. 1853, r. 26 E.G. 6th Jun. 1867 0. 57.A., r. 1 (E.Dec. 1876,r.8) O. 57.A., r. 2 (E.Dec. 1876,r.9) 0. 58, r. 19 (E.Dec.l876,r.ll) 0. 60, r. 1 0. 60, r. 2 O. 60, r. 3 (E.Dec.l879,r.6) Cons. Or. 42, rr. 13, 14 0. 60.A., r. 1 (E.Dec.l879,r.7) 0. 60.A., r. 2 ('E.Dec.l879,r.8) 6. 60.A., r. 3 (E.Dec. 1879,r.9) 0. 60.A., r. 4 (E.Dec.l879,r.l0) 0. 60.A., r. 5 (E.Apl.l880,r.45) 0. 60.A., r. (E.Apl.l880,r.46) 32 Table I. KFMBEB OF NEW RULE. EXTENT OF ALTERATION. FORMEE ENACTMENT OB RULE. O. 61, r. 10 „ r. 11 „ r. 12 „ r. 13 „ r. 14 „ r. 15 „ r. 16 „ r. 17 „ r. 18 „ r. 19 „ r. 20 „ r. 21 „ r. 22 „ r. 23 „ r. 24 „ r. 25 „ r. 26 „ r. 27 „ r. 28 „ r. 29 „ r. 30 „ r. 31 „ r. 32 „ r. 33 O. 62, r. 1 „ r. 2 „ :-' r. 3 Re-enacted ipsissimis verbis Verbally amended and re-enacted . . Verbally amended and re-enacted . . . Re-enacted with an unimportant addition . . . . Re-enacted with an immaterial omis- sion and addition Verbally amended and extended to D.Rs. Verbally amended and re-enacted . Re-enacted with unimportant omis- sions, and alteration. . Verbally amended and re-enacted . . . Verbally amended and extended to matters .... Verbally amended and extended to matters Verbally amended and re-enacted . . . Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis Verbally amended and re-enacted. . . Slightl}', but immaterially amended, and re-enacted . Extracted and re-enacted ipsissimis \ verbis . . . . . . f Extracted, and verbally amended i and re-enacted ... • • • / Re-enacted tpsissimis verbis . Verbally amended and re-enacted . . Verbally amended and re-enacted . . . Re-enacted with verbal alteration and immaterial omissions Extracted, verbally amended and curtailed Extracted and re-enacted ipsissiinis verbis ... ... ... Materially amended and added to Re-enacted, altering "decrees" to "judgments" Re-enacted with verbal alterations and immaterial omissions 0. 64 (R.Apl.l880,r.62) 0. 64 (R.Apl.l880,r.63) Cons. Or. 1, r. 40 Cons. Or. 1, r. 41 Cons. Or. 42, r. 12 Cons. Or. 23, r. 23 Cons. Or. 1, r. 45 Cons. Or. 1, r. 46 Cons. Or. 1, r. 47 Cons. Or. 1, r. 48 Cons. Or. 1, r. 49 Cons. Or. 1, r. 50 O. 60.A., r. 7 (R.Apl.l880,r.47) 0. 60.A., r. 8.a. (R.May 1880, r.5) Cons. Or. 1, r. 53 0. 60a., r. 9 (R.Apl.l880,r.49) 0. 60.A., r. 10 (R.Apl.l880,r.50) 0. 60a.., r. 11 (R.Ai)1.1880,r.51) Cons. Or. 1, r. 43 Cons. Or. 42, r. 3 Cons. Or. 1, r. 44 0. 60.A., r. 12 (R.Apl.l880,r.52) Cons. Or. 1, r. 17 Cons. Or. 1, r. 18 Cons. Or 1, r. 19 Sources of the New Eules. 33 NUMBER 'OF NEW EULE. EXTKNT OF ALTERATION. FOHMER ENACTilKNT OR BULB. 0. 62, r. 4 r. G r. 7 r. 8 r. 9 r. 10 r. 11 r. 12 r. 13 r. 14 r. 15 5? r. 16 5) r. 17 n r. 18 0. 63, r. 1 - ?j r. 2 5> r. 3 )) r. 4 ;5 r. 5 r. 6 r. 8 r. 9 r. 10 r. 11 r. 12 r. 13 Ee-enactecl, altering "decree" to " judgment " ... ... Ee-enacted with verbal alterations and inimatei'ial omissions Verbally amended and re-enacted . . Re-enacted, altering "decree" to " judgment " ... ... Slightly but materially amended and re-enacted Slightly but materially amended, and re-enacted . Materially amended and re-enacted . Re-enacted with material amend- ments and omissions . . Verbally amended and re-enacted. . . E-e-enacted, altering " decree " to " judgment " . Re-enacted, altering " decree " to " judgment " Extracted, and entirely re-written, but substantially re-enacted . . . Verbally amended and re-enacted . Extracted, and verbally amended and re-enacted Re-enacted ipsissimis verbis New Neio Re-enacted ipsissimis verbis . Re-enacted ipsissimis verbis Re-enacted with addition (new) of Easter Eve Re-enacted ipsissimis verbis . Slightly amended and re-enacted . . Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis . Verbally amended and re-enacted . . Verbally amended and re-enacted. . . Slightly but materially amended and re-enacted Cons. Or. 1, r. 20 Cons. Or. 1, r. 21 Cons. Or. 1, r. 22 Cons. Or. 1, r. 23 Cons. Or. 1, r. 24 Cons. Or. 1, r. 25 Cons. Or. 1, r. 26 Cons. Or. 1, r. 27 Cons. Or. 1, r. 28 Cons. Or. 1, r. 31 Cons. Or 1, r. 32 Ch.Reg. as to fee s 1860, Sch. II., title "attend- ances " Cons. Or. 6, r. 8 R.May, 1883, r. 1 0. 61, r. 1 0. 61, r. 2 0. 61, r. 3 0. 61, r. 4 0. 61, r. 4. a. (R. Dec.l875,r.l5 0. 61, r. 4. a. (R.Feb. 1876, r. 9 0. 61, r. 4.C. :'R. Apl.l880,r..53 0. 61, r. 4.(1. (R.May, 1880,r.6 0.61, r. 5 0. 61, r. 6 Cons. Or. 35, r.." 34 Table I. KTTMT3KR OF KEW urLE. EXTENT OF ALTEUATION. FORMEK ENACTMENT OB KULE. 0. 63, r. 14 5J r. 15 TJ r. 16 0. 64, r. 1 >f r. 2 >j r. 3 !) r. 4 J> r. 5 5> r. 6 J> r. 7 >> r. 8 >> r. 9 5) r. 10 J> r. 11 77 r. 12 J) r. 13 5> r. 14 5> r. 15 0. 65, r. 1 >> r. 2 »> r. 3 >» r. 4 j> r. 5 7J r. 6 J> r. 7 y> T 8 7' r. 9 J' r. 10 >> r. 11 J7 T. \2 a? r. 13 Extracted, verlially amended and re-enacted » Entirely re- written but substantially re-onacted ... ... Ee-enacted altering " 2 " to " 1 " p.m. . . . . Materially amended and added to . . Ee-enacted ipsissmis verbis Ee-enacted ipsissimis verbis Ee-enacted ■ipsissimis verbis Ee-enacted ipsissimis verbis Yerbally amended and materially extended Ee-enacted ipsissimis verbis Materially added to and extended . Verbally amended and re-enacted . . Yerbally amended and re-enacted . . Materially amended and re-enacted. Extracted, sligbtly amended and re- enacted Verball}' amended and extended to matters ... ... Extracted and re-enacted altering "term" to "sittings" . Verbally amended and re-enacted . . Materially amended and added to, and extended to matters Extracted materially amended and re-enacted Ee-enacted ipsissimis rerjjis New Ee-enacted, twice adding the words " or judge " Ee-enacted, omitting the words "time or" Ee-enactcd, addingthe word " shall" New New . . JSciu New New Verbarv amended and re-enacted •1 Cons. Or. 35, r.59 0. 61, r. 7 0. Gl, r. 10 (E.reb.l876,r.lO) 0. 57, r. 1 0. 57, r. 2 0. 57, r. 3 0. 57, r. 4 0. 57, r. 5 Cons. Or. 37, r. 14 0. 57, r. 6 0. 57, r. 6.a. (E.Apl,1880,r.42) 0. 57, r. 7 (E.Feb. 1876, r.8) Ad.E. 1859,r. 45 0. 57, r. 8 (E.Apl.l880,r.43) E.G.H.T. 1853, r. 174 E.G.H.T. 1853, r. 176 9&10AViU. III. c. 15, s. 2 Ad.E. 1859, r.l74 0. 55, r. 1 E.G.H.T. r. 62 E.G.H.T., r. 117 1853, 1853, Cots. Or. 21, r. 12 55 (E.Feb. 1876,r.7) 0. 55, r. 3 (E.Ai)1.1880,r.41) 0. 6 Costs) Cons. Or. 40, r. 4 Sources of the New Rules. 35 KFMBER OF NEW EULE. BXTENT OF AI-TEBATION. FOKMEU ENACTMKNT OE EULB. 65, . > r. 15 , r. 16 , r. 17 , r. 18 , r. 19 > ^^ 20 , r.. 21 5 r. 22 , r. 23 , r. 24 > r. 25 , r. 26 , r. 27 reg . 1 , reg 2 , reg 3 , reg . 4 , reg •. 5 , reg . 6 , reg . 7 , reg . 8 , reg . 9 , reg .10 , reg .11 , reg. 12 , reg. 13 , reg. 14 , reg. 15 , reg. 16 , reg. 17 , reg. 18 , reg. 19 , reg. 20 , reg. 21 Ee-enacted but entirely reversed . . . Ee-enacted ipsissimis verhis . Ee-enacted, twice altering"attorney" to " solicitor " Ee-enacted altering " attorney " to " solicitor " VertaUy amended and materially added to . . . ... ... Ee-enacted I'psissnm's verhis . Ee-enacted, adding "in the Ch. Div." Ee-enacted tpsis.mms verbis Ee-enacted, omitting the words " in chambers " ... ... Verbally amended and added to Verbally amended and re-enacted . . Verbally amended and re-enacted . . JVew Materially amended and re-enacted . Ee-enacted ipsissimis verhis Slightly but materially amended and re-enacted ... ... Ee-enacted ipsissimis verhis Ee-enacted ipsissimis verhis . Ee-enacted ipsissimis verhis . . Ee-enacted ipsissimis verhis . . . Verballj amended and re-enacted . Ee-enacted ipsissimis verhis . . . Ee-enacted i^mssimis verhis Extracted and re-written, but sub stantially re-enacted. Ee-enacted, thrice omitting the word " above" . . Verbally amended and re-enacted. Materially amended and re-enacted Ee-enacted ipsissimis verhis. . . Ee-enacted ipsissimis verhis. . . Ee-enacted ipsissimis verhis . Ee-enacted ipsissiinis verhis . . Materially amended and re-enacted Materially amended, extended, and neio provisions added . Slightly but materially amended and re-enacted E.G.H.T., r. 63 E.G.H.T., r. 170 E.G.H.T., r. 59 E.G.H.T., r. 61 Cons. Or. 40, r. 2 1853, 1853, 1853, 1853, Cons. Or. 40, r. 3 Cons. Or. 40, r. 26 Cons. Or. 40, r. 27 Cons. Or. 40, r. 30 Cons. Or. 40, r. 37 Cons. Or. 41, r. 11 Cons. Or. 41, r. 12 0.6(costs)8ch. r. I 0.6(costs)sch. r. 2 0.6.(costs) sch.r. 3 0. 6(costs)sch.r. 4 0. 6(costs),sch.r.5 0.6 (costs) sch.r. 6 0.6 (costs) sch.r. 7 Cons. Or. 40,r. 12 0.6(co3ts'sch. r. 8 0.6(costs),sch. r.9 Ch.,Eeg.astofees 1860, Sch.II.,title " attendances" 0.6(costs)sch.r.l0 0.6(costs)sch.r.H 0.6(cost8)sch.r.l2 0.6(costs}sch.r.l3 0.6(costs)sch.r.l4 0.6(cost3)sch.r.l5 0.6(costs)sch.r.l6 0.6(costs)sch.r.l7 0.6(costs)8ch.r.l8 0.6(cost8)sch.r.l9 ?r. TaWe I. NtnnjEK OP KEW EULE. EXTENT OP O-TEEATION. FOHMEB BNACTMRNT OB HULE. 0. 65, r. 27 > ) reg. 22 >> rep^. 23 >> reg. 24 >> reg. 25 >> reg. 26 M reg. 27 J> reg. 28 5» reg 29 5) rtg 30 reg. 32 '> reg. 33 >) reg. 34 )> reg. 35 5> reg. 36 )) reg. 37 7) reg. 38 »» reg. 39 5) reg. 4U J> reg. 41 )> reg. 42 ?) reg. 43 »• reg. 44 ,, reg. 45 >• reg. 46 >> reg. 47 )» reg. 48 >) reg 49 reg 50 res:. 51 Ee-enacted i'psissimis verhi's . , . Eo-enactecl ipsisifiimis verbis . Materially amended, extended, and added to . . Slightly amended and re-enacted. . . Ee-enacted, with verbal alterations, omissions, and additions Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis . . Ee-enacted ipsissimis verbis . . . Ee-enacted ipsissimis verbis . Ee-enacted with verbal alterations and unimportant omissions. . . . Verbally amended and re-enacted ... Ee-enacted with material additions and omissions Verbally amended and re-enacted . . Verbally amended and re-enacted. . . Verbally amended and re-enacted . Verbally amended and re-enacted . . Ee-enacted, and a neiv provision added ... IMaterially amended and re-enacted . Ee-enacted ijjsissimis verbis . . Materially amended and re-enacted. . Ee-enacted ipsissimis verbis . . . Verbally amended and re-enacted . New New New Ee-written and curtailed, but re- enacted New New Verbally amended and extended to matters. . . Extracted and materially amended. O.6(cost8)sch.r.20 0.6(cost8)sch.r.21 0.6(costs)sch.r. 22rt (E.Apl.l880,r!65) 0.6(costsjsch.r.23 Cons.Or. 40, r. 25 0.6(costs)6ch.r.24 0.6(costs)sch.r.25 0.6(costs)sch.r.26 0.6(costs)sch.r.27 Cons. Or. 40, r. 7 Cons. Or. 40, r. 8 Cons. Or. 40, r. 38 Cons. Or. 40, r. 39 Cons. Or. 40, r. 40 15 & 16 Vic. c. 80, s. 43 0.6(costs)sch.r.28 0.6(costs)sch.r.29 O.6(costs)sch.r.30 O.6(costs)sch.r.31 0.6(costs)sch.r.32 O.6(costs)sch.r.33 O.6(costs)sch.r.34 reg. 52 reg. 53 reg. 54 reg. 55 reg. 56 New New New New New Cons. Or. 40, r. 20 Cons. Or. 40, r. 21 Directions to Tax- ingMasterSjH.T. 1853, scale Sources of the New Rules. 37 KUMBEB OP NEW EULE. BXTENT OP AITKEATIOK. EOEMEE EKACTMENT OE BCriE. 0. 65, r. 27, reg. 57 reg. 58 66, r. 1 r. 2 r. 3 r. 4 r. 5 r. 6 r. 7 r. 8 r. 9 67, r. 1 0. 0, r. 2 r. 3 r. 4 r. 5 r. 6 r. 7 r. 8 r. 9 r. 10 r. 11 r. 12 r. 13 r. 14 68, r. 1 r. 2 r. 3 r. 4 0. 69, r. 1 „ r. 2 New Neio Verbally amended and re-enacted . Ee-enacted, altering' 'are to"to ' 'shall, ' ' and with an immaterial omission . . . Ee-enacted ipsissimis verbis . Ee-enacted ipsissimis verMs Ee-enacted with an unimportant omission Ee-enacted ipsissimis verbis . . . Slightly but materially amended and re-enacted Verbally amended and re-enacted . . Verbally amended and re-enacted . . Materially amended and re-enacted . Materially amended and added to . . Mw Entirely re-written and materially amended ... ... New Neio Verbally amended, and added to, and extended to matters . Verbally amended and re-enacted with a slight omission . . Ee-enacted with verbal omissions . . . Ee-enacted with verbal alterations and omissions Ee-enacted, altering " six " to " twelve " . . Extracted and re-enacted ipsissimis verbis ... ... ... Verbally amended and re-enacted . Verbally amended and re-enacted . . Extracted, slightly, amended, and re-enacted ... ... Ee-enacted and materially extended by new provisions New New Extracted and slightly amended | Extracted and verbally amended ) 0. 56, r. 1 Ch.Eeg.l857,r.l7 0. 56, r. 2 0. 56, r. 3 0. 1 (costs) .2, (costs) 0. 5 (costs) Ad.E. 1859,r.l60 Ad.E. 1859,r.l61 E.G.H.T. 1853, r. 163 Cons. Or. 3, r. 4 E.G.H.T. 1853, r. 165 E.G.H.T. 1853, rr. 165, 166 E.G.H.T. 1853, r. 167 Cons. Or. 3, r. 7 Cons. Or. 10, r. 8 Ad.E. 1859,r.l65 Ad.E. 1859,r.l66 Ad.E. 1859,r.l67 Ad.E. 1859,r.l68 Ad. E. 1859,r.l72 0. 62 r. 1 (E.Apl. 1880,r.54) 0. 62, rr. 2, 6. (E.Apl. 1880 rr.55, 59) E.G.M.T.1869,r.6 38 Table I. KUMBKE OF NBW KULB 0. 69, V. o }J r. 4 J> r. 5 }) r. 6 )) r. 7 70, r. 1 )> r. 2 }> r. r 3 4 EXTENT OF ALTEUATION. 0. 7l,r. 1 ,. r. 2 0. 72, r. 1 „ r. 2 ,. r. 3 FORMER ENACTMENT OF HULE. Slightly but materially amended aud re-enacted . . Re-enacted ipsisaimis verbis . . . Verbally amended and re-enacted . Materially amended and re-enacted Re-enacted with immaterial omission Materially amended and re-enacted Verbally amended and re-enacted . . Slightly but materially amended and added to ... ... Slightly but materially amended and re-enacted Materially added to and re-enacted . . JVew New Re-enacted ipsissiniis verbis . . . New R.G.M.T.1869,r.7 R.G.M.T.18fi9,r.8 R.G.M.T.18G<),r.9 R.G.M.T.18G9rlO R.G.M.T.lSGUrll ( 0. 59, r. 1 0. 62, r. 6 I (RAi)l.l880r.58) R.G.H. T. 1853,r. 135 R.G.H.T. 1853, r. 136 R.G.H. T.1853,r. 137 f 0. 63 r. 1 ^ 0. 63 r. 2 L(RApl.l880,r60) Note at head of rules immedi- ately preced- ing 0. 1 TABLE II. -''Showing the modeinwJdck the repaaled and superseded Statutes, Rules, Orders, and Regulations are dealt with hy, and the corresponding provisions in, the New Rules. A. Statutes, Rules, Orders, and Regulations prior to the Judica- ture Acts. B. Rules of the Supreme Court ; 187-5 to May, 1883. A. Statutes, Rules, Orders, and Regulations prior to the Judicature Acts. POEMER STATUTE, KULE, ETC. HOW DEALT WITH. COEEESPONDINO- >E\V liULE. 11 Hen. VII. c. 12 9&10,WiU. III. c. 15, s. 2 1 WiU.IV. c.22,s.5. „ „ s- 8 s. 10 l&2Will.IV.c. 58, s. 1 Amended and extended Ee-enacted in part, altering ^'terni " to " sittings " . Verbally amended and in part I re-enacted ... ... \ Re-enacted in part, and curtailed \ Verbally amended, and in part re- enacted Verbally amended, and curtailed and re-enacted Materially amended and extended to matters ... Verbally amended, curtailed and re-enacted Slightly but materially amended and re-enacted in part Verbally amended and in part re enacted ... i Verbally amended and in part re enacted 1 Slightly but materially amended and in part re-enacted Slightl}^ but materially amended and in part re-enacted Verbally amended and in part re enacted 0. 16, r. 22 0. 64, r. U 0. 37, r. 7 0. 37, r. 8 0. 37, r. 9 0. 37, r. 17 0. 37, r. 18 0. 57,r.l(tf) 0. 57, r. 2 0. 57, r. 5 0. 57, r. 6 0. 57, r. 7 0. 57, r. 8 0. 57, r. 15 40 TaWe II. FOKMEK STATrXE, KULE, ETC. now DEALT WITH. COBEFSPONIJINQ NEW UULi:. 1 .t 2 Will.IV.c. 58, s. 3 s. 6 5 & () Vic. e 69, s. 1 j> '? s. 2 15&16Vic.c. 76,s.lC s. 42 >> i; s. 43 }> )J s. 44 s 45 s. 109 s. 132 15&16Yic.c.80,s. 12 ,, ,, s. 26 s. 27 s. 29 8.30 „ „ s. 31 ,, ,, s. 32 ,, ,, s. 33 Slightly but materially amended | and re-enacted rVerbally amended, curtailed and J in part re-enacted 5 Verbally amended and in part re- L enacted Verballj' amended and in part re- enacted Sliglitl}' amended, curtailed and re- enacted ... ... Eo -enacted Avith material additions Sligbtly and immaterially amended and extended to matters Slightly and immaterially amended ancl re-enacted Slightly and immaterially amended and re-enacted ... ... Re-enacted with immaterial addition s. 57 j Ee-enacted in part, but entirely I altered in other part s. 94 Slightly but materially amended and curtailed Amended, extended to matters, and in part re-enacted ... ■I Amended, extended to matters, j and in part re-enacted I t Verbally amended and re-enacted s. 11 r» Materially amended and a form prescribed . . s. 120 I Materially amended and limited and extended to orders Materially amended and in pait re- enacted s. 187 1 Verbally amended and extended to orders Verbally amended and in part re- enacted ... ... ... Materially amended and added to . Ee-enacted without material altera- tion . . . . Slightly amended and a material proviso added ... . . . Verbally and slightly, but materi- ally amended Verbally {.mended and re-enacted . Materially amended and added to . Materially amended and added to . 0. 57, r. 10 0. 57,r.V/v 0. 57, r. 15 0. 37, r. 35 0. 37, r. 30 0. 9, r. 8 0. 34, r. 0. 34, r. 10 0. 34, r. II 0. 34, r. 1-' 0. 17, r. 14 0. 36, r. 57 I 0. 36,r.7(5) 0. 36,r.7(c) 0. 36,r.7(r?^ 0. 32, r. 8 0. 42, r. 19 0. 42, r. 23 0. 47, r. 3 0. 55, r. 1 0. 55, r. 2 0. 54, r. 9 0. 55, r. 15 0. 55, r. 16 0. 55, r. 17 0. 55, r.' 65^ O. 55, r. 6^ Former Kules how dealt with. 41 FOKMEU STATUTE, liULE, ETC. 15&16Vic.c.80,s.34 >5 >' 8.40 >y >i n 5> s. 42 s. 43 l0(S:16Vic.c.86,s. 11 „ „ S.22 J> n s. 31 S.32 >> >> s. 33 s. 34 s. 35 S.40 S.41 S.42, r. 1 n r. 2 n r. 3 n r.4 n r. 5 >> r. 6 >» r. V HOW DEALT WITH. COBEESPONDIKQ- NEW EULE. ! Verbally amended and in part re- enacted . . ^ Ee-enacted in part and re-written Slightly amended and in part re- enacted ... ... Verbally amended and in part re- enacted Verbally amended, limited to chambers, and re-enacted Verbally amended and re-enacted . Ee-enacted with slight alterations omissions and addition Slightly and verbally amended and re-enacted ... ... / Verbally and slightlyamended and ] added to, and in part re-enacted ) Verbally amended and in part re- \ enacted Materially amended and added to and in part re-enacted /^Materially amended and added to and in part re-enacted Verbally amended and curtailed, . and in part re-enacted 1 Materially added to and in part t. re-enacted Verbally amended and in part re enacted ... ... Verbally amended and in part re enacted . Slightly but materially amended and in part re-enacted Verbally amended and curtailed. . He-written but substantially re enacted Ee-written but substantially re enacted Ee- written but substantially re enacted ... ... Ee-written but substantially re enacted Slightly but immaterially amended Verbally amended and re-enacted Verbally amended and extended to proceedings 0. 55, r. 70 0. 55, r. 71 "0. 51, r. 7 0. 51 r. 8 0. 51, r. 19 0. 55, r. 27 reg. 36 0. 16 r. 20 0. 38, r. 6 0.37 r. 10 0. 37 r. 11 0. 37 r. 12 0.37 r. 13 0. 37 r. 14 0.37, r. 15 0. 37 r. 16 0. 37 r. 19 0. 37 r. 20 0. 37 r. 21 0. 16 r. 33 0. 16 r. 34 0. 16 r. 35 0. 16 r. 36 0. 16 r. 37 0. 16 r. 38 0. 16 r. 39 42 Table II. FORMER STATUTr, ItULE, KTC. now DKALT WITH. ICORKKSPONDINO NEW RULB. 15 & 16 Vic. c. 80, I Mtiterially nmended, added to, and s. 42, r. 8 E.G.H.T s. 44 S.45 s. 45 8.47 s. 50 s. 54 S.55 S.56 8.57 .1853,r.21 r.44 r.57 r.59 r.61 r.62 r.63 r.ll7 r.llS r.ll9 r.l20 r.l2l r.l34 r.l35 r.l36 r.l37 extended Verbally amended, and in part re- enacted Verhally amended, re-enacted in part, and extended . . Re-enacted and curtailed in lan- guag-e, but materially enlarged in scope ... ... Re-enacted and curtailed in lan- guage, Ijut materially enlarged in scope Slightly but materially amended and ro-enacted ... ... Slightly and immaterially amended and curtailed, and re-enacted . Slightly but materially amended and extended to matters Slightly but materially amended and extended to matters Verbally amended and re-enacted Re-enacted and added to ... Amended and in part re-enacted . Materially amended, and limited, and extended to orders Re-enacted, twice altering " attor- ney " to " solicitor " Re-enacted, altering " attorney " to " solicitor" Extended, materially amended, and re-enacted . . Re-enacted but entii'ely reversed. . . Re-enacted {j)stssu)iis verbis Re-enacted with a slight unimpor- tant addition Verball}'^ amended and re-enacted Slightly but materially amended, and re-enacted ... ... Verbally amended and re-enacted in part .... Slightly but materially amended, and re-enacted Vei'bally amended and re-enacted Slightly but materially amended and added to ... ... Slightly but materially amended, and re-enacted . 0. 16, r. 40 0. 16, r. 46 0. 55, r. 9 0. 55,r.4(«) 0. 55,r.4(5) 0. 25, r. 5 0. 33, r. 3 0. 51, r. 1 0. 51, r. 2 0. 50, r. 9 0. 19, r. 8 0. 36, r. 7.C 0. 42, r. 19 0. 65, r. 16 0. 65, r. 17 0. 65, r. 2 0. 65, r. 14 0. 65, r. 3 0. 50, r. 13 0. 50, r. 14 0. 50, r. 15 0.16,rr24,25 0. 52, r. 12 0. 70, r. 2 0. 70, r. 3 0. 70, r. 4 Former Rules how dealt with. 43 FORMER STATTTTK, K0LE, ETC. UOW DEALT WITH. COEEESPONDINO- NEW EULE. E.a.-H.T.1853r.l42 „ „ r.l43 „ „ r.l43 „ „ r.l45 „ ,, r.l46 If r.l49 »» r.l56 >> r.l57 }} r.l63 >> r.l65 )> r.l6 I )) r.l66i >> r.l67 M r.l70 )) r.l7l n r.l74 >> r.l76 Directions toTax- ] ing Masters } H.T 1853, Scale ) B.G.T.T.1853,r.6' n n r.7 )> n r.ll )> )> r.21 >> J» r.26 16&l7Vic.c .78,8.1 l7&18Vic.c .128S.18 5) S.31 )) S.47 )> s. 56 )) S.58 )) S.59 n s. 68 >> S.71 ) n S.72 j ) Materially amouded, and added to I and made universal . . Materially amended and extended and in part re-enacted Verbally amended and made uni- versal .... Verbally amended and materially added to . . . . . . Materially amended and added to . Verbally amended and re-enacted . Verbally amended and re-enacted . Materially amended and re-enacted Materially amended and added to . Entirely re-written and materially amended ... ... Verbally amended, and added to, and extended to matters Re-enacted ipsissintts verbis Verbally amended and re-enacted Verbally amended and re-enacted Verbally amended and extended to matters ... ... ... Extracted and materially amended Re-written and materially amended Slightly amended and re-enacted . Re-enacted but limited in its opera- tion Verbally amended and in part re- enacted ... ... ... Slightly amended and re-enacted . Verbally amended and in part re- enacted Verbally amended and re-enacted . Verbally amended and re-enacted . Materially amended, extended to matters, and in part re-enacted Verbally amended, and curtailed, and re-enacted ... ... Verbally amended and in part \ re-enacted . . . > Verbally amended and re-enacted ) Slightly amended, curtailed, and re-enacted . . Materially amended and added to . 0. 38, r. 16 0. 38, r. 17 0. 3, r. 18 0. 38,r. 19 O. 52, r. 13 0. 41, r. 9 0. 41, r. 10 0. 67, r. 1 0. 67, r. 2 0. 67, r. 4 0. 67, r. 7 0. 65, r. 15 0. 41, r. 8 0. 64, r. 12 0. 64, r. 13 0. 65, r. 27 reg. 51 0. 21, r. 3 0. 21, r. 2 0. 21, r. 1 0. 21, r. 19 0. 58, r. 19 0. 38, r. 4 0. 36, r. 36 0. 39, r. 8 0. 37, r. 7 0. 37, r. 17 0.50, r. 5 0. 53, r. 1 0. 53, r. 3 44 Table II. FOBMEB STATCTH, BOW DEALT WITH. COBBBSPONDIHG tivijii, jirt. KBW BULB. 17&18Vic.c.l28, 8.74 Materially amended and extended . 0. 42; r. SO / Materially amended and in part .76 \ re-enacted ... ... 0. 53, r. 6 >> 5) s j Materially amended, and in part \ re-enacted, and a form prescribed 0. 53, r. 7 / Verbally amended and in part re- .78 ) enacted 0. 48, r. 1 )) )> s ) Verbally amended, in part ro-on- \ acted, and a form prescribed 0. 48, r. 2 )> n s .82 Slightly but materially amended, extended to matters, and in part re-enacted 0. 50, r. 12 )J )) s .91 Materially amended and re-enacted 0. 42, r. 23 J> >J s .92 Entirely re-written but substanti- ally re-enacted ... ... 0. 17, r. 8 Ch.Eeg.l8o7 ,r. 1 Re-enacted in part and altering " are to " to " shall " . .54, r. 3 J) )) r. 3 Ee-enacted,altering"is to"to"shall" 55, r. 29 j> >) r. 6 Re-enacted, altering "is to" to "shall" and " decree " to "judg- ment" ... 0. 55, r. 30 >) )> r. 8 Slightly but materially amended and re-enacted . 0. 55, r. 31 >> j> r. 10 Ee-en acted, altering "is to"to "shall". 0. 38, r. 22 >> >> r. 11 Re-enacted, twice altering " are to " to "shall" 0. 38, r. 23 n >> r. 12 Re-enacted, altering "must have" to " shall be marked with " 0. 38, r. 24 M )) r. 13 Verbally amended and re-enacted 0. 51, r. 4 > J ?> r. 14 Re-enacted altering "are to" to shall " 0. 51, r. 5 >; j> r. 15 Re-enactod, altering "are to" to "shall" 0. 51, r 6 n >> r. 17 Rc-enar;ted, altering "are to" to " shall " and with an immaterial omission 0. 66, r. 2 j» >> r 18 Slightly amended and re-enacted with a material addition 0. 55, r. 72 )j )» r. 19 Re-enacted, altering"isto"to"shall" 0. 55, r. 25 n 5 J r. 20 Re-enacted, altering"is to" and " are to "to "shall" . 0. 55, r. 26 r. 24 ' Verbally amended and re-enacted 1 Re-written and amended 0. 50, r. 19 )) J> 0. 55, r. 75 Ad. E. 1859, r. 41 Materially amended, extended, and re-enacted 0. 12, r. 19 )) )) r. 43 Re-enacted with verbal amendments and omissions 0. 12, r. 20 Former Rules how dealt with. 45 FORMER STATUTE, BULB, ETC. HOW DEALT WITH. COBEHSPONDINa NEW KT7LB. Ad. E. 1859, r. 44 Re-euacted with, verbal amendments and omissions ... ... 0. 12, r. 21 r. 45 Verbally amended and re-enacted . 0. 64, r. 1 r. 46 Re-enacted ijjsissimis verbis . . 0. 29, r. 1 r. 47 Verbally amended and re-enacted . 0. 29, r. 2 r. 48 Verbally amended and re-enacted . 0. 29, r. 3 r. 49 Re-enacted with a material addition 0. 29, r. 4 r. 50 Re-enacted with a verbal amend- ment and material addition ... 0. 29, r. 5 r. 51 Verbally amended and re-enacted . 0. 29, r. 6 r. 52 Verbally amended and re-enacted . 0. 29, r. 7 r. 53 Verbally amended and re-enacted 0. 29, r. 8 r. 54 Slightly, but immaterially added to 0. 29, r. 10 r. 55 Verbally amended and re-enacted . 0. 29, r. 11 r. 56 Verbally amended and re-enacted . 0. 29, r. 12 r. 57 Verbally and materially amended . 0. 29, r. 14 r. 58 Verbally and materially amended . 0. 29, r. 15 r. 59 Verbally amended and re-enacted . 0. 29, r. 16 r. 60 Re-enacted with a verbal amend- ment and unimportant omission 0. 29, r. 17 r. 61 Re-enacted with a verbal amend- ment and slight addition ... 0. 29, r. 18 r. 68 Verbally amended and re-enacted . 0. 23, r. 1 r. 78 Re-enacted in part . . . . 0. 37, r. 2 r. 107 Verbally amended and re-enacted 0. 56, r. 1 ! Re-enacted, in part ... ... 0. 37, r. 2 Re-enacted,twice altering "proctor" to " solicitor " . .0. 56, r. 2 r. 109 Verbally amended and re-enacted . . 0. 56, r. 3 r. 110 Verbally amended and re-enacted 0. 56, r. 4 r. Ill Re-enacted, altering "proctor" to "solicitor" ... ... 0. 56, r. 5 r. 112 Verbally amended and re-enacted . 0. 56, r. 6 r. 113 Re-enacted ipsissimis verhis . . 0. 56, r. 7 r. 114 Re-enacted ipsissimis verbis ... 0. 56, r. 8 r. 115 Re-enacted, altering "proctor" to "solicitor" . . . 0. 56, r. 9 r. 116 Verbally amended and re-enacted . . 0. 56, r. 10 r. 117 Re-enaeted,twice altering "proctor" to "solicitor" ... ... 0. 56, r. 11 r. 118 Verbally amended and re-enacted . 0. 56, r. 12 r. 124 Verbally amended and re-enacted . 0. 51, r. 14 r. 125 Verbally amended and re-enacted . 0. 51, r. 15 r. 126 Verbally amended and re-enacted . 0. 51, r. 16 r. 127 Materially amended and re-enacted 0. 22, r. 19 r. 128 Ro-written but substantially re-en- acted ... ... ... 0. 22, r. 20 46 Table II. rOEMEU STATUTB, KCLK, KXC. now DEALT WITn. COHEESPONDINO vavr iiVhE. Ad. R. 1859,r. 130 „ „ r. 139 r. 140 r. 155 r. 160 r. 161 r. 165 r. 166 r. 167 r. 168 r. 172 r. 174 Cons.' Or. 1, r. 17 r. 18 r. 19 r. 20 r. 21 r. 22 r. 23 r. 24 r. 25 r. 26 r. 27 r. 28 r. 31 r. 32 r. 39 r. 40 r. 41 r. 43 r. 44 r. 45 r. 46 Verbally amended and re-enacted . Verball}' and slightly but materi- j ally amended and re-enacted > V(M'baily amended and re-enacted ) Verbally amended and re-enacted . Verbally amended and re-enacted . Verbally amended and re-enacted . He-enacted with verbal alterations and omissions Re-enacted, altering"six"to"twelve" Re-enacted in part ipsissimis verbis Verbally amended and re-enacted . Verbally amended and re-enacted . Verball}^ amended and re-enacted . Materially amended and added to . Re-enacted, altering "decrees" to " judgments " Re-enacted with verbal alterations and immaterial omissions Re-enacted, altering " decree " to " judgment " . Re-enacted with verbal alterations and immaterial omission Verbally amended and re-enacted . Re-enacited, altering "decree" to " judgment " ... ... Slightly but immaterially amended Slightly but materially amended and re-enacted . Materially amended and re-enacted Re-enacted with material amend- ments and omissions . . Verbally amended and re-enacted . Re-enacteil, altering " decree " to " judgment " ... ... Re-enacted, altering "decree" to "judgment ' Verbally amended and re-enacted . Verbally amended and re-enacted Re-enacted with an unimportant addition Verbally amended and re-enacted . Re-enacted witli verbal alteration and immaterial omission Verbally amended and re-enacted . Re-enacted with unimportant omis- sions and alteration . . 0. 22 0. 52 0. 52 O. 66 0. 66 0. 67 0. 67 0. 67 0. 67 0. 67 0. 64 0.62 0. 62 0. 62 0. 62 0. 62 0. 62 0. 62 0. 62 0. 62 0. 62 0. 62 0. 62 0. 62 0. 62 0. 38 0. 61 (). 61 0. 61 0. 61 0. 61 O. 61, r. 17 r. 21 r. 10 r. 23 r. 8 r. 9 r. 10 r. 11 r. 12 r. 13 r. 14 r. 15 r. 1 r. 2 r. 3 r. 4 r. 5 r. 6 r. 7 r. 8 r. 9 r. 10 r. 11 r. 12 r. 13 r. 14 r 4 r. 12 r. 13 r. 29 r. 31 r. 16 Kepealed Eules how dealt with. 47 FOHMEK STATUTE. 1 , ^^.^ „ COKEESPONDING ' HOW DEALT WITn. ItULE, ETC. NEW KULE. Cons. Or. 1, r. 47 Verbally amended and re-enacted . 0. 61, r. 18 J) 5) r. 48 Verbally amended and extended to matters ... ... ... 0. 61, r. 19 n >) r. 49 Verbally amended and extended to matters .... 0. 61,r. 20 j> J> r. 50 Verbally amended and re-enacted . 0. 61,r. 21 5) JJ r. 53 Verbally amended and re-enacted . 0. 61,r. 24 Cons. Or. 2, r. 1 Verbally amended and re-enacted . 0. 51, r. 9 • n ) J r. 2 Verbally amended and re-enacted . 0. 51, r. 10 >) J) r. 3 Verbally amended and re-enacted . 0. 51, r. 11 J5 JJ r. 4 Verbally amended and re-enacted . 0. 51, r. 12 >) JJ r. 5 Verbally amended and re-enacted . 0. 51, r. 13 Cons. Or. 3, r. 4 Materially amended and added to . 0. 67, r. 2 )? )5 r. 7 Verbally amended and re-enacted with a slight omission 0. 67, r. 8 Cons. Or. 4 Materially amended and in part re- enacted ... ... ... 0. 38, r. 5 Cons. Or. 6 r. 8 Verbally amended and re-enacted . 0. 62, r. 17 Cons. Or. 7 r. 1 Verbally amended and extended to matters 0. 16, r. 45 )> JJ r. 7 Ee-enacted, twice altering "decree" to " judgment " ... ... 0. 55, r. 27 )) J) r. 8 Entirely re-written but substanti- ally re-enacted . /'Entirely re- written but substanti- 0. 16, r. 23 r. 9 \ ally re-enacted in part 0. 16, r. 27 j» JJ j Verbally amended and ia part re- \ enacted ... ... 0. 16, r. 28 J) JJ r. 10 Ee-written but substantially re- enacted .... / Slightly amended and in part re- 0. 16, r. 26 r. 11 ) enacted 0. 16, r. 29 )> JJ 1 Slightly amended and in part re- enacted ... ... 0. 16, r. 30 Cons Or. S , r. 6 Verbally amended and re-enacted . 0. 37, r. 37 5> JJ r. 7 Verbally amended and re-enacted . 0. 37, r. 38 Cons . Or. 10, r. 8 Ee-enacted Avitli verbal omissions . 0. 67, r. 9 Cons . Or. 19, r. 10 Slightly amended and extended to matters . . 0. 37, r. 22 jj JJ r. 11 Slightly but materially amended and extended to matters 0. 37, r. 23 )> JJ r. 12 Slightly and immaterially amended and extended to matters 0. 37, r. 24 Cons . Or. 21, r. 7 Materially amended and added to and extended to matters 0. 17, r. 9 j> JJ r. 8 Ee-enacted and extended to matters 0. 17, r. la 48 Table II. FORSIEK STATUTE, KULE, ETC. now DEALT WITH. COHBBSPONDINa NEW BUM!. Cons. Or.21, r. 10 „ r. 12 Cons. Or. 23, r. 14 „ „ r. 15 „ „ r. 16 r. 18 n r. 19 „ r. 20 „ r- 22 „ r. 23 Cons. Or. 24, r. 1 „ r. 2 . „ „ r. 3 r. 4 Cons. Or" 26, r. 1 r. 2 Cons'.' Or. 28, r. 1 „ r. 2 n if r- 3 r 4 7» )) r. 5 „ ,. r- 6 5, n r. 8 „ r. 9 Cons. Or. 29, r. 1 „ r. 13 Cons, Or. 30, r. 3 Cons. Or. 34, r. 1 „ r. 2 )> )> ^- 3 Cons. Or. 35, r. 4 Aldtcrially amended and added to and extended to matters Re-enacted, twice adding the words "or judge" Ver})ally amended and re-enacted . Sliglitly amended and re-enacted . . Verbally amended and re-enacted . Materially amended added to and extended ... ... Verbally amended and re-enacted . Verbally amended and re-enacted . Verbally amended and re-enacted . Verbally amended and extended to D. R.'s Materially amended and added to and re-enacted ... ... Materially amended and re-enacted Ke-written and materially amended Verbally amended and re-enacted . Ue-enacted but curtailed lie-enacted but curtailed Verbally amended and in part re- enacted .... Verbally amended, curtailed and re- enacted Ee-enacted with a material addi- tion ... Re-enacted I'psissimis verbis . Re-enacted ipsissimis verbis Ke-enacted ijjsissimis verbis Re-enacted, omitting four im- material words . Re-enacted, omitting an obsolete provision. . . ... ... Verbally amended and in part re enacted .... Verbally amended and re-enacted . Verbally amendf-d and re-enacted . Vei'bally amended and re-enacted . with unimportant omissions . . Sli,i;htiy amended and extended . . . Verltally amended and re-enacted Re-enacted in part and with a verbal addition Verbally amended curtailed and re- enacted Re-enacted, altering"may"to "shall" 0. 30, r. 21 0. 65, r. 5 0. 33, r. 6 0. 33, r. 7 0. 33, r. 8 0. 16, r. 40 0. 16, r. 42 O. 16, r. 43 0. 42, r. 2 0. 61, r. 15 0. 50, r. 16 0. 50, r. 18 0. 50, r. 20 0. 50, r. 22 0. 46, r. 12 0. 46, r. 13 0. 37, r. 26 0. 37, r. 27 0. 37, r. 29 0. 37, r. 30 0. 37, r. 31 0. 37, r. 32 0. 37, r. 33 0. 37, r. 34 0. 42, r. 1 0. 43, r. 2 0. 43, r. 3 0. 43, r. 4 0. 36, r. 35 O. 52, r. 16 0. 52, r. 17 0. 52, r. 18 0. 55, r. 24 Former Rules how dealt with. 49 rOKMEB STATUTE, EULE, ETC. HOW DEALT WITH. COimESPONDINO- NEW UULE. €oiis. Or. 35, r. 3 5 6 7 8 9 10 11 r. 12 r. 13 r. 14 r. 15 r. 16 r. 17 r. 18 r. 20 r. 21 r. 22 „ r. 23 „ r.24 „ r. 25 „ r. 26 „ r. 27 „ r. 28 „ r. 29 „ r. 32 „ r. 33 „ r. 34 „ r. 35 „ r. 36 „ r. 37 „ r. 39 „ r. 40 Slightly amended, curtailed, and re-enacted Materially amended and re-enacted Verbally amended and re -enacted . Verbally amended and re-enacted . Verbally amended and re-enacted . Verbally amended and re-enacted . Verbally amended and re-enacted . Verbally amended and re -enacted . Re-enacted ipsissimis verbis . Re-enacted, thrice altering "decree" to " judgment " ... Verbally amended and re-enacted . Verbally amended and re-enacted Re-enacted, altering "decree" to " judgment" Verbally amended and materially added to . . . ... ... Re-enacted ipfiissimis verbis Re-enacted, twice altering " decree" to " judgment" / Materially amended and in part ) re-enacted ... ... j Slightly but materially amended, \ and in part re-enacted Re-enacted omitting appointments R,e-enacted ipsissimis verbis Re-enacted with an unimportant omission ... ... ... Slightly and immaterially amended and re-enacted . Re-enacted ipsissimis verbis Verbally amended and re-enacted Re-written and materially amended Slightly and immaterially amended and extended to referees Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis Re-enacted, altering "decree" to " judgment " ... . . . Verbally auiended and in part re- enacted .... Slightly but materially amended and re-enacted Re-enacted ipsissimis verbis 0. 55, r. 20 0. 54, r. 4 0. 55, r. 22 0. 55, r. 23 0. 54, r. 5 0. 54, r. 6 0. 55, r. 44 0. 51, r. 3 0. 54, r. 8 0. 55, r. 28 0. 55, r. 33 0. 55, r. 34 0. 55, r. 35 0.5 '>, r. 4 5 5, L-. 41 0. 55, r. 32 0. 33, r. 9 0. 50, r. 21 0. 55, r. 38 O. 55, r. 39 0. 55, r. 37 0. 38, r. 20 0. 38, r. 21 0. 37, r. 28 0. 55, r. 74 0. 33, r. 4 0. 33, r. 5 0. 55, r. 45 0. 55, r. 46 0. 55, r. 47 0. 55, r. 48 0. 55 r. 54 oO Table II. FOKMEK STATUTE, UCLB, ETC. Cons. Or. 35, r. 43 » „ r. 44 now DEALT WITH. COHRESPONUINa WEW HULE. r. 45 55 >> J> „ r. 4G „ r. 47 „ r.48 5> J> >> )J „ r. 52 \ „r.53( „ r. 54 ( „ r. 55 ; „ r. 57 „ r. 58 >» „ r. 59 rt „ r. 60 Cons. Or. 37, r. 14 Cons. Or. 40, r.2 If >5 „ r. 3 „ r. 4 „ r. 5 „ r.7 r. 12 r. 20 r. 21 r. 24 r. 25 r. 26 r. 27 r. 30 r. 31 r. 37 r. 38 Ee-enactetl /'ps/s-simi-i rcrbin Slightly hnt materially amended, and ro-enaoted ... ... He- written, verbally amended, cur- tailed and re-enaeted . Materially amended and re-enacted Verbally amended and re-enacted Verbally amended and curtailed and re-enacted Verbally amended and re-enacted Verbally amended and re-enacted Slightly but materiall}^ amended and re-enacted Verbally amended and re-enacted in part .... Ee-written with a material addi- tion as to costs Verbally amended and materially extended ... ... Verbally amended and materially added to . . . Ee-enacted fpsissimu verbis Verbally amended and re-enacted . Slightly amended and re-enacted . . Ee-enacted with verbal alterations and unimportant omissions . . . Verbally amended and re-enacted . Verbally amended and re-enacted . . Ee- written and curtailed but sub- stantially re-enacted . . . Verbally amended and extended to matters . . . • Verbally amended and re-enacted . . Ee-enacted with verbal alterations, omissions and additions . . . Ee-enacted, adding "in the Ch.Div." Ee-enacted ijjs/'ssimis verbis . . Ee-enacted, omitting the words " in chambers " ... ... Ee-enacted ipsissimis verbis . Verbally amended and added to . . Ee-enacted with material omissions and additions ... ... 0. 55, r. 57 0. 55, r. 59 0. 55, r. 18 0. 55, r. 08 0. 55, r. 66 0. 55, r. 67 0. 55, r. 70 0. 55, r. 73 0. 63, r. 13 0. 63, r. 14 0. 38, r. 11 0. 64, r. 6 0. 65, r. 18 0. 65, r. 19 0. 65, r. 13 0. 16, r. 31 0. 65, r.27, reg. 3 1 0. 65, r. 27, reg. 32 0. 65, r. 27, reg. 8 0. 65. r. 27, reg. 47 0. 65, r. 27, reg. 50 0. 55, r. 58 0. 65, r. 27, reg. 26 0. 65, r. 20 0. 65, r. 21 0. 65, r. 22 0. 54, r. 7 0. 65, r. 23 0. 65, r. 27, reg. 33 Former Rules how dealt with. 51 rOEMEK STATUTE, BULK, ETC. HOW DEALT WITH. COBEESPONDINQ NEW KtTLE. Cons. Or. 40, r. 39 „ r. 40 Cons. Or. 41, r. 10 „ ,, r. 11 „ r. 12 „ r. 13 Cons. Or. 42, r. 3 >} j> ^'* " „ r. 10 », „ r. 11 „ r. 12 „r. 13 „ „r. 14 Ch. Reg-, as to fees 1860, seh. II. title " Attend- ances " Ch. Or. 20th Mch., 1860 r. 1 „ r. 2 )> ?5 r. 3 „ r. 4 23&24Vic.c.l268.12 ,, ,, s. 13 „ S.14 ,, ,, s. 15 „ s. 17 „ S.20 ,, ,, s. 33 Ch.Or.lFeb.l861r.l VerbaUy amended and re-enacted . VerLally amended and re-enacted . . Re-enacted in part ipsissimis verbis Verbally amended and re-enacted Verbally amended and re-enacted Re-enacted ipsissimis verbis . . . Verbally amended and re -enacted . Re-enacted,twice altering " decree " to " judgment Re-enacted, twice altering "decree" to " judgment," and "suit" to " cause or matter " . . Re-enacted altering " decree " to " judgment " ... ... Re-enacted with an immaterial omission and addition . Materially amended and re-enacted Extracted and re- written but sub- stantially re-enacted . . Verbally amended, curtailed, and in part re-enacted ... ... Verbally amended and re-enacted . Re-enacted with an immaterial addition Re-enacted with an immaterial ad- dition ... ... . . . Verbally amended and re-enacted . Verbally amended curtailed and re-enacted . . Slightly but materially amended and in part re-enacted . . . Verbally amended and in part re-enacted Slightly amended and materially added to . . Materially amended and added to Entirely re- written but substantially re-enacted ... . . . Materially amended and extended . Re-enacted with immaterial addi- tion . . . . Slightly but immaterially amended 0. 65, r. 27, reg. 34 0.65, r. 27, reg. 35 0. 55, r. 13 0. 65, r. 24 0. 65, r 25 0. 55, r. 14 0. 61, r. 30 0. 55, r. 62 0. 55, r. 63 0. 55, r. 64 0. 61, r. 14 0. 60, r. 4 rO. 62,r.l5 / 0.65,r.27, 1 res:. H 0. 52, r. 19 0. 52, r. 20 0. 52, r. 21 0. 52, r. 22 0. 57, r. 3 0. 57, r. 12 0. 57, r. 8 0. 57, r. 15 0. 57, r. 9 0. 57, r. 11 0. 16, r. 3 0. 42, r. 31 0. 22, r. 17 0. 22, r. 18 52 Table II. POEMEU STATUTE, ItULE, ETC. HOW DEALT WITH. COHEESPONDINO NEW EULE. Ch.Or. SFeb. 1861 r. 15 „ r. 24 24&25Vic.c. 10,s. 16 Cli.O.Nov.l862,r.l9 eh. Or. 1865, r. 1 r. 8 r. 12 r. 13 E.G.6tli June, 1867 B.G.M.T.1869,r. 6 j> >> r. 8 5> r. 9 r. 10 r. 11 Ch. Or 7 Jan.1870, r. 1 Ad E. 1871, r. 5 Slightly and immaterially amended re-enacted in part and extended to matters . . . . . . 0. 37, r. 25 Verbally amended and re-enacted, omitting married women ... 0. 16, r. 21 Verbally amended curtailed and in part re-enacted . . .0. 57, r. 1 Ee-enacted in part . . . . O. 50, r. 23 Verball}' amended and in part re- enacted ... ... ... 0. 55, r. 47 Ee-enacted ipsissimis verbis . . 0. 55, r. 49 Ee-enacted ipsissimis verbis and a form prescribed . . . . 0. 55, r. 50 Ee-enacted ip)sissimis verbis ... 0. 55, r. 51 Ee-enacted adding " of creditors " and forms prescribed . • 0. 55, r, 52 Ee-enacted ipsissimis verbis . . 0. 55, r. 53 Ee-enacted adding the words " of creditors " ... ... 0. 55, r. 55 Ee-enacted ipsissimis verbis and forms prescribed . . .0. 55, r. 56 Verbally amended, and re-enacted, and a form prescribed . . 0. 55, r. 50 Ee-enacted and extended to claim- ants ... ... ... 0. 55, r. 61 Slightly amended and re-enacted . 0. 58, r. 19 Slightly amended and in part re- enacted . . . . . . 0. 69, r. 1 Verbally amended and in part re-enacted ... ... 0. 69, r. 2 Slightly but materially amended and re-enacted . . .0. 69, r. 3 Ee-enacted ipsissimis verbis . . 0. 69, r. 4 Verbally amended and re-enacted 0. 69, r. 6 Materially amended and re-enacted 0. 69, r. 6 Ee-enacted with immaterial omis- sion ... ... ... 0. 69, r. 7 Slightly and immaterially amended and re-enacted . . .0. 41, r. 5 Verbally amended and ro-enacted 0. 13, r. 13 Former Rules how dealt with. 53 B. Rules of the Supreme Court; 1875 to May, 1883. NUMBER NTTMBEE OF OP OLD EULl :. HOW DEALT WITH. COEEESPONDHfO- NEW EULE. 0. 1 ; note at head of Ee-enacted ipsissimis verbis . 0. 72, r. 2 0. 1, r. 1 Verbally amended and re-enacted . . 0. 1, r. 1 „ r. 2 Slightly and immaterially amended, and in part re-enacted 0. 57, r. 1 „ r. 3 Ee-enacted ipsissimis verbis . 0. 1, r. 2 0. 2, r. 1 Ee-enacted ipsissimis verbis 0. 2, r. 1 „ r.2 Verbally re-arranged and slightly added to . . . ... 0. 2, r. 2 „ r. 3 Verbally amended and re-enacted . 0. 2, r. 3 ,, r. 3.a. Incorporated in the new forms A., part I., (E.Juii.l876,r. 2) Nos. 5 & 9 0. 2, r. 4 Ee-enacted ipsissimis verbis 0. 2, r. 4 „ r. 5 Verbally amended and re-enacted . 0. 2, r. 5 ,, r. 6. a. Ee-enacted in part ipsissimis verbis . . 0. 2, r. 6 (E.Apl.l880,r 3) 0. 2, r. 7 Verbally amended and re-enacted . . . 0. 2, r. 7 „ r. 7.a. Not re-enacted (E.Dec.l875,r. 2) 0. 2, r. 8 Slightly but materially added to, and re-enacted 0. 2, r. 8 0. 3, r. 1 Ee-enacted ipsissimis verbis 0. 3, r. 1 „ r.2 Ee-enacted in part ipsissimis verbis . . . 0. 3, r. 2 „ r. 3 Ee-enacted altering "may" to"shall" 0. 3, r. 3 i 0.53, r.2 „ r. 4 Slightly added to and re-enacted 0. 3, r. 4 „ r. 5 Ee-enacted ipsissimis verbis 0. 3, r. 5 „ r. 6 Ee-enacted, materially extended and a new provision added 0. 3, r. 6 „ r. 7 Ee-enacted, altering^may" to "shall" 0. 3, r. 7 „ r. 8 Slightly amended and re-enacted 0. 3, r. 8 0. 4, r. 1 Verbally amended and re-enacted . . 0. 4, r. 1 „ r.2 Verbally amended and re-enacted . . . 0. 4, r. 2 „ r. 2.a. Included in the two previous new (E.Feb.l876,r. 2) rules .... 0. 4, rr. 1,2 0. 4, r. 3.a. Slightly amended and re-enacted . . 0. 4, r. 3 (E.Feb.l876, r .3) 54 Table II. NUMBER OF OLD EULE. NUMBER OF CORBE8PONDINO NEW RULE. 0. 5, r. 1 ,, r. l.a. (R.Apl. 1880, r.4) 0. 5, r. 2 „ r. 3 „ r.4 (E'.'jun.l877, r.3) 0. 5, r. 4. a. (R.Mch.l879,r.23) 0. 5, r. 5 ,, r. 6 „ r. 7 „ r. 8 E.Jiin. 1876, r.3 0. o, r. 9 „ r. 10 „ r. 11 ,, r. ll.a. (E.Feb. 1876r.4) 0. 6, r. 1 „ r. 2 0. 7, r. 1 r 2 0. 8, r. 1 „ r. 2 0. 9, r. 1 „ r. 2 „ r.3 „ r.4 „ r. 5 „ r. 6 ,, r. 6. a. (E. Juii.l876,r.4) 0. 9, r. 7 „ r. 8 r. 9 (E.bec. 1875,r.5) Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Verbally amended and re-enacted . . Ee-enacted with immaterial addition of " a statement "... ... Ee-enacted in part ipsissimis verbis . Ee-enacted but totally changed Not re-enacted Verbally amended and re-enacted Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Verbally amended and re-enacted Ee-enacted in part ipsissimis verbis Ee-enacted ip>sissimis verbis Slightly but materially amended and re-enacted Ee-enacted ipsissimis verbis Ee-enacted•^j?.s/««^'»^^s verbis Ee-enacted with immaterial addition of " in writing" Ee-enacted with slight immaterial additions Ee-enacted with immaterial altera- tions .... Ee-enacted ipsissimis verbis Slightly but materially amended and re-enacted Ee-enacted with slight but material addition Entirely re- written and substantially new ... ... ... Ee-enacted with immaterial omission of four words Ee-enacted with immaterial omission of two words Slightly amended and re-enacted . . . Slightly amended and re-enacted Ee-enacted with slight alterations . . Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis 0. 5, r. 1 0. 5, r. 2 0. 5, r. 3 . 5, r. 4 0. 5, r. 5 0. 5, r. 9 0. 5, r. 10 0. 5, r. 11 0. 5, r. 12 0. 5, r. 13 0. 5, r. 14 0. 5, r. 15 0.5,rr.l6,l7 0. 6, r. 1 0. 6, r. 2 0. 7, r. 1 0. 7, r. 2 0. 8, r. 1 0. 8, r. 2 0. 9, r. 1 0. 9, r. 2 0. 9, r. 3 0. 9, r. 4 0. 9, r. 5 0. 9, r. 6 0. 9, r. 7 0. 9, r. 8 0. 9, r. 9 0. 9, r. 11 Former Rules how dealt with. NUMBER OF OLD RULE. HOW DEALT WITH. NTTMBEK OP CORRESPONDINO- NEW RULE. 0. 9, r. 10 (E.Dec.l875, r.6) 0. 9, r. 11 „ r. 12 „ r. 13 O. 10 O. 11, r. 1 „ r. l.a. (E.Jiin.l875, r.5) 0.11, r. 2 )) !■• O „ r. 4 „ r. 5 0. 12, r. 1 „ r. l.a. (E.Apl.l880, r.5) 0. 12, r. 2 „ r. 3 „ r. 4 „ r. 5 0. 12r. 6.b. (E.Apl.,1880 ,r. 6) 0. 12 r. 7 „ r. 8 „ r. 9 „ r. 10 „ r. 11 „ r. 12 ,, r. 12.a. (E.Jun. 1876 r.6) 0. 12, r. 13 „ r. 14 „ r. 15 „ r. IG „ r. 17 „ r. 18 „ r. 19 „ r. 20 „ r. 21 „ r. 22 Ee-euacted and extended to warrants Ee-enacted and extended to warrants Ee- enacted and extended to warrants Ee-enacted ij)s/.s,simis verbis and added to . . Ee-enacted with, immatej-ial omission Materiallj' amended, extended and added to . . . Entirely re-written . Ee-enacted ipsissimis verbis Materially amended and added to . . . Ee-enacted ipsissimis verbis Ee-enacted ijjsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted and extended to admiralty actions .... Ee-enacted ipsissimis verbis Verbally amended a,nd re-enacted . . . Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted and added toastoD.Es. . Verbally amended and materially added to Verbally amended and re-enacted Ee-enacted ipsissimis verbis Ee-enacted with immaterial omission Ee-enacted ipsissimis verbis . Ee-enacted with addition of "as partners" Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis . Ee-enacted and extended to bail in admiralty Slightly amended and re-enacted . Ee-enacted ipsissimis verbis . . Ee-enanted ipsissimis verbis Ee-enacted i2)sissimis verbis . Ee-enacted ipsissimis verbis Verbally amended and re-enacted . Verbally amended and re-enacted . Ee-enacted, altering " may " to "shall" ... O. 9, r. 12 O. 9, r. 13 0. 9, 1-. H 0. 9, r. 15 0. 10 0. 11, r. 1 0. 11, r. 2 0. 11, r. 3 0. 11, r. 4 0. 11, r. 5 0. 11, r. 7 0. 12, r. 1 0.12, rr. 2,3 0. 12, r, 4 0. 12, r. 5 0. 12, r. 6 0. 12, r, 7 0.12, rr.8,9 0. 12, r. 10 0. 12, r. 11 0. 12, r. 12 0. 12, r. 13 0. 12, r. 14 0. 12, r. 15 0. 12, r. 16 0. 12, r. 17 0. 12, r. 18 0. 12, r. 22 0. 12, r. 23 0. 12, r. 24 0. 12, r. 25 0. 12, r. 26 0. 12, r. 27 0. 12, r. 28 0. 12, r. 29 56 Table II. NUMBER OF NUSlUKK now DEALT WITH. ( :01(UESPOMi INS OP OLD KDLK. NEW EULE. 0. 13 r. 1 Slightly but materially altered and re-enacted 0. 13, r. 1 ?» r. 2 Re-enacted ipsissimiii verbis 0. 13, r. 2 >> V. 3 Re-writtou and slightly altered and added to . . . ... ... 0. 13, 10 rr .3, j> r. 4 Re-written and slightly but imma- terially amended. 0. 13, r. 4 5J r. 6 Not re-enacted >J r. 5. a. Verbally amended and re-onacted 0. 13, r. 11 (R.Dec. 1875, r.7) 0. 13, r. 6 Re-written and slightly but imma- terially amended ... ... 0. 13, r. 5 >j r. 7 Re-enacted with immaterial addition of " by the writ " 0. 13, r. 8 ?> r. 8 Re-enacted with immaterial addition of *' mentioned " 0. 13, r. 9 >) r. 9 Slightly but materially amended. extended, and re-enacted 0. 13, r. 12 0. 14 r. 1 Slightly amended and extended by a (E.May, 1877, r.3) new provision to actions for the recovery of land . 0. 14, r. 1 0. 14, r. 2 Materially amended and re-enacted 0. 14, r. 2 n r. 3 Materially amended and re-enacted 0. 14, r. 3 j> r. 4 Re-enacted with omission of six im- material words 0. 14, r. 5> r. 5 Re-enacted ipsissimifi verbis 0. 14, r. )} r. 6 Re-enacted but materially added to . 0. 14, r. 6 0. 15, r. I Re-written and verbally and sUghtly amended 0. 15, r. 1 >> r. 'I Re-enacted with material addition of " when necessary " ... 0. 15, r. 2 0. 16, r. 1 Re-enacted with immaterial omission and addition 0. 16, r. 1 )> r. 2 Re-enacted with immaterial verbal alteration and omissions 0. 16, r. 2 >> r. 3 Re-enacted ipsissimis verbis 0. 16, r. 4 n r. 4 Verbally amended and extended to matters .... 0. 16, r. 5 n r. 5 Re-enacted ipsissimis verbis 0. 16, r. 6 >) r. 6 Re-enacted and extended to all causes and matters ... ... 0. 16, r. 7 >> r. 7 Verbally amended and extended to matters ... ... 0. 16, r. 8 n r. 8 Re-enacted as to infants but amended as to married women . . 0. 16, r. IS )j r. 9 Verbally amended and extended to matters ... ... ... 0. 16, r. 9 Former Rules how dealt with. 57 NtTMBEB OF OLD BUIE. HOW DEALT WITH. NUMBER OP CORRESPONDINO- NEW RULE. 0. 16, r. 9.a. (E.Juii.l876,r.7) 0. 16, r. 10 ,, r. 10. a. (E. Jun. 1876, r.8 0. 16, r. 12. 0. 16, r. 12.a. (E.Apl. 1880, r.7) 0. 16, r. 12.b. (E.Apl.,1880, r. 8) 0. 16, r. 13 „ r. 14 „ r. 15 „ r. 16 ,, r. 17 )5 r. 19 5> r. 20 )> r. 21 0. 17 r. 1 >> r. 2 )? r. 3 )? r. 4 )> r. 5 )) r. 6 M r. 7 M r. 8 ) J r. 9 0. 18 0. 19, r. 1 r. 2 >> r. 3 )) r. 4 )> r. 5 )> r. 5. a. (E.Jun.l876,r.9 0. 19, r. 6 n r. 7 r. 8 i Slightly but immaterially amended . Materially amended and added to . . Ee-enacted ipsissimis verbis Verbally but immaterially amended Ee-enacted with immaterial omission Slightly amended and extended to matters . . Slightly but materially amended and extended to matters Ee-enacted ipsissimis verbis Ee-enacted with material addition of " or substituted" Not re-enacted Entirely re-written and confined to co-defendants Verbally amended and slightly nar- rowed ... ... ... Not re-enacted Materially amended and extended . Materially amended and extended . . Ee-enacted with immaterial addition and omission ... ... Ee-enacted with material additions Ee-enacted ipsissimis verbis . Ee-enaeted i^jsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted ipsissiuiis verbis Verbally amended and re-enacted Verbally amended and re-enacted . Slightly but immaterially amended Verbally amended and re-enacted Slightl}' but immaterially amended Materially amended and re-enacted Ee-enacted, omitting " statement of claim in a " ... ... Materially amended and a new pro- vision added Ee-enacted with immaterial omission Ee-enacted ipgissimis verbis Slightly amended and re-enacted . . Materially amended and a new pro- vision added ... ... 0. 16, r. 32 0. 16, r. 14 0. 16, r. 15 0. 16, r. 10 0. 16, r. 44 0. 16, r. 47 0. 16, r. 11 0. 16, r. 12 0. 16, r. 13 0. 16, r 55 0. 16, r. 48 0. 16, r. 49 0. 16,rr. 52, 53 0. 18, r. 1 0. 18, r. 2 0. 18, r. 3 O. 18, r. 4 0. 18, r. 5 0. 18, r. 6 0. 18, r. 7 0. 18, r. 8 0. 18, r. 9 0. 16, r. 17 0. 19, r. 1 0. 19, r. 2 0. 19, r. 3 0. 19,rr.4,5 0. 19, r. 9 0. 19, r. 10 0. 19, r. 11 0. 20, r. 6 58 Table II. NUMBER OF OIJJ BULE. UOW DEALT WITH. NUMHEE OV COURESl'ONUINO NEW BULK. 0. VJ, i: 9 10 V. 11 r. 12 r. 13 r. 14 r. 15 r. 16 r. 17 r. 18 r. 19 r. 20 r. 21 r. 22 r. 23 r. 24 r. 25 r. 26 r. 27 r. 28 r. 29 5) r. 29 (a) (E.Mcli.l879,r.4) 0. 19 r. 30 0. 20 r. 1 r. 2 r. 3 0/21 r. 1 1". 2 r. 3 r. 4 0/22 r. 1 r. 2 r. 3 r. 4 Y. 5 1: 6 Itc-euactod, altering " facts " to "grounds" Slightly Ijiit materially amended and re-enacted Ive-enacted /ps/'ssimis verbis Re-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Verbally amended and materially added to ... ... Ee-enaeted with material addition . Materially amended and re-enacted Ee-enacted with material omission of " in an action " Materially amended and re-enacted Ee-enacted ipsisssimis verbis Slightly amended and materially added to ... Ee-enacted ipsissimis verbis Ee-enacted with a slight amendment and omission ... ... Materially- amended and re-enacted . Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted with material addition . Ee-enacted with immaterial omission Ee-enacted ipsissimis verbis Verbally amended and extended to matters ... ... ... Verbally amended and extended to matters .... Materially amended and added to . . Verbally amended and re-enacted. . . Slightly but materially amended Ee-enacted ipsissimis verbis Materially amended and two new provisions added ... ... Ee-enacted i2)sissimis verbis . Ee-enacted ipsissimis verbis Not re-enacted Ee-enacted, altering eight to ten days Slightly but materially amended, and re-enacted ... ... Ee-enacted ipsissimis verbis . Ee-enacted with immaterial addition of " or judge " Verbally amended and re-enacted . Ee-enacted ipsissimis verbis 0. 20, V. 7 0. 21, r 0. 21, 0. 20, 0. 21, 0. 23 0. 21 0. 19 0. 19 0. 19 0. 19 0. 19 0. 19 0. 19 0. 19 0. 19 0. 19 0. 19 0. 19 0. 19 0. 35 0. 35 0. 19 0. 24 0. 24 0. 24 0. 20 0. 20 0. 20 0. 21 0. 21 0. 21 0. 21 0. 21 0. 21 Former Rules how dealt with. 59 NUMBER OF OLD EULE. NUMBER OP COHRESPONUINQ- NEW RULE. 0. 22, r. 7 „ r. 8 „ r. 9 „ r. 10 „ r. 11 0. 23, r. 1 „ r. 2 (E.Dec. 1879,r. 9) 0. 23, r. 2 (E.Jun.l876,r.lO) 0. 24, X, 1 „ r. 2 „ r. 3 0.25 0. 26 0. 27, r. 1 „ r. 2 „ r. 3 „ r. 4 „ r. 5 ,, r. 6 „ r. 7 „ r. 9 „ r. 10 „ r. 11 (E.Feb.l876,r. 6) 0. 28, r. 1 „ r. 2 „ r. 3 „ r. 4 „ r. 5 „ r. 6 „ r.7 „ r. 8 „ r. 9 „ r. 10 „ r. 11 „ r. 12 Ee- enacted tpsissinns verbis . Ee-enacted ipsissimis verbis Ee-enacted with immaterial omission Ee-enacted with immaterial addition of " or a judge "... . . . Ee-enacted with immaterial addition . Slightly amended and re-enacted . . Ee-enacted ipsissimis verbis Slightly and immaterially amended but materially added to SKghtly amended and re-enacted Ee-enacted with immaterial addition Ee-enacted ipsissimis verbis , . Slightly amended and re-enacted Verbally amended and extended to matters Added to and extended Slightly added to Slightly but materially added to and re-enacted Ee-enacted with immaterial alter ations and omissions Ee-enacted with unimportant alter ation of " seem " to " be " Not re-enacted ; replaced by : — . Ee-enacted with immaterial alteration and omission ... Ee-enacted with immaterial om sions and addition Ee-enacted with unimportant verbal alterations and addition Slightly amended and added to . Slightly amended and added to Not re-enacted Not re Not re Not re Not re' Not re Not re Not re Not re Not re Not re Not re Not re •enacted ■enacted •enacted •enacted ■enacted ■euacted ■enacted ■enacted ■enacted ■enacted ■enacted ■en3,cted 0. 21 0. 21 0. 21 0. 21 0. 21 0. 26 0. 26 0. 26 0. 23 0. 23 0. 23 0. 23 0. 33 0. 19 0. 28 0. 28 0. 28 0. 28 0. 28 0. 28 0. 28 0. 28 0. 28 0. 28 r. 13 r. 14 r. 15 r. 17 r. 18 r. 1 r. 2 r. 3 r. 1 r. 2 r. 3 r. 5 r. 1 r. 27 r. 1 r. 2 r. 4 r. 5 r. 6 r. 7 r. 8 r. 9 r. 10 60 Table II. NUMBSK OP OLD HULE. HOW DEALT WITH. NFMBEB OP COKKESPONDINa NEW EUL£. 0. 68, r. 13 0. 29, r. 1 „ r. 3 „ r. 4 „ r. 5 „ r. 6 „ r. 7 „ r. 8 „ r. 9 „ r. 10 „ r. 11 „ r. 12 „ r. 13 „ r. 14 0. 30, r. 1 „ r. 2 0. 31, r. r. 4 1 )> r. 2 >> r. 3 >> r. 4 (E.Nov. 5 1878, r 0. 31 r. 6 „ r. 7 \ „ r. 7.a. (E.Jun.l876 { r. ir ; 0. 31 y r. 9 r. 10 3) Not re-enacted VerLallj aiuended and re-enacted . Ee-enacted, omitting the words " or demurrer " . . Ee-enacted ipsissimis verbis Slightly but materially amended and re-enacted Ee-enacted with slight unimpor- tant additions Ee-enacted with addition of three material words ... ... Ee-enacted ipsissimis verbis . Ee-enacted with material addition Ee-enacted, omitting the words " or demurrer " Ee-enacted, omitting two and adding three words ... ... Materially amended and re-enacted Materially amended and re-enacted Ee-enacted, adding the words " or judge" . . . Ee-enacted ipsissimis verbis Materially amended and added to Slightly but immaterially amended and (in part) re-enacted Considerably added to and (in part) re-enacted Materially amended and re-enacted Materially amended, limited and added to Materially amended and extended to matters ... ... ... Ee-enacted altering "may" to "shaU" Verbally amended and extended to matters Verbally amended, extended to J matters and (in part) re-enacted I Materially amended, and extended and (in part) re-enacted Ee-enacted ipsissimis verbis Ee-enacted altering" may "to"shall" Ee-enacted ipsissimis verbis Ee-enacted ?/^«?'.s«/»i/s verbis . 0. 27, r. 1 0. 27, r. 2 0. 27, r. 3 0. 27, r. 4 0. 37, r. 5 0. 27, r. 6 0. 27, r. 7 0. 27, r. 8 0. 27, r. 10 0. 27, r. 11 0. 27, r. 12 0. 27, r. 13 0. 27, r. 14 0. '27, r. 15 0. 22, rr 1,2 0. 22, r. 4 0. 22, r. 5 0. 22, r. 7 0. 31, r 1 0. 31, r 3 31 r 4 31 r 5 31 r . 6 31 , r . 7 31 r . 8 0. 31 0. 31 0. 31 r. 9 r. 10 r. 11 Former Rules how dealt with. Gl NTTMBEB , OP NTXSijsjiii OF OLD EtriE. HOW DEALT WITH. COEEESPONDINO- NEW EULE. 0. 31, r. 11 Verbally amended and re-enacted 0. 31, r. 14 M r. 12 Materially added to and extended to matters 0. 31, r. 12 J. r. 13 Ee-enacted altering" may"to" shall" 0. 31, r. 13 „ r. 14 Materially amended and added to 0. 31, r. 15 „ r. 15 Ee-enacted with an unimportant addition ... ... ... 0. 31, r. 16 „ r. 16 Ee-enacted with a material and im- » r. 17 portant addition Ee-enacted with material additions^ 0. 31, r. 17 » r. 18 Ee-enacted with an immaterial ^ omission J 0. 31, r. 18 ,, !'• 19 Ee-enacted and extended to matters 0. 31, r. 20 5> r. 20 Ee-enacted ijysissimis verbis 0. 31, r. 21 „ r. 21 Ee-enacted and extended to inter- rogatories 0. 31, r. 22 ,, r. 22 Ee-enacted and extended to inter- „ r. 23 rogatories ... ... Slightly but materially amended and 0. 31, r. 23 extended to matters 0. 31, r. 24 0. 32, r. 1 Verbally amended and extended to matters 0. 32, r. 1 „ !'• 2 Slightly amended and extended to matters ... ... ... 0. 32, r. 2 ,, r. 3 Ee-enacted, altering "may"to"shaU" and with a consequent addition 0. 32, r. 3 n r. 4 Slightly amended and re-enacted 0. 32, r. 7 0. 33 Ee-enacted ipsissimis verbis 0. 33, r. 2 34, r. 1 Slightly but materially amended and extended to matters 0. 34, r. 1 , , r. 2 Ee-enactei with an immaterial omission and extended to matters 0. 34, r. 2 ,» r. 3 Ee-enacted, adding the words "coun- sel or " . 0. 34, r. 3 J, r 4 Materially amended and extended to matters 0. 34, r. 4 „ r 5 Ee-enacted with a slight and unim- pprtant addition and extended to matters ... ... ... 0. 34, r. 5 (E. Apl. 0. 34, r 6 1880, r. 9) 7. Verbally amended and extended to matters . . . • Ee-enacted in part and extended to 0. 34, r. 6 (E. Apl. 0. 35. r 1880,r.l0) l.a. matters Verbally amended and extended to 0. 34, r. 7 (E.Jun. 1876. r.l2) matters ... ... ... 0. 35, rr 1,2 35, r. l.b. Not re-enacted (E. Dec .1879, r. 3) 62 Table II. NUMBEl; OP OLD BULK. 0. 35, r. 2 „ r. 3 ,, r. 3. a. (E.Apl. 1880,r.ll) 0. 35, r. 4 „ r. 5 „ !'• 6 ,, r. 7 „ r. 8 „ r. 9 „ r. 10 „ r. 11 „r. ll.a. (E. Doc.l875,r.l0) 0. 35, r. 12 „ r- 13 „ r. 14 r. 15 (R.'Dec.l875,r. 11) 0. 35, r. 16 (R.May 1880,r. 3) 0. 36, r. 1 „ r. 2 „ r. 3 „ r. 4 „ r. 4.a. (E. Jaii.l876,r.l3) 0. 36, r. 5 „ r. 6 „ r. 7 „ r. 8 „ r. 8 (E.Dec.l875, r.l2) O. 36, r. Slightly but immaterially amended and re-enacted . Materially added to, and extended to matters . . . . Materially added to and amended, and extended to matters Verbally amended and extended to matters . . ... Ee-enacted ipsissimis verhis Ee-enaeted ipsisstmis verhis Materially amended and re-enacted Ee-enacted ipfi/fisimis verbis . Ee-enacted ipsissimis verbis Verbally amended and extended to matters ... ... ... Slightly amended and re-enacted . Slightly amended and re-enacted with a material addition Verbally amended and extended to matters Materially amended and re-enacted Ee-enacted ipsissimis verbis Slightly amended and re-enacted ( Slightly amended and re-enacted . ( Ee-written and materially amended Entirely re-written and materially amended !Ee-enadted but materially limited and amended ... ... Ee-written, materially amended and extended to matters Ee-enacted in part and verbally amended . . . ! Ee-enacted with an immaterial [ omission . . . Verbally amended and extended to matters Verbally amended and re-enactod . . . Slightly amended and extended to J ^lateriallj- amended and added to . . matters NTTMBER OF COUllKSPONDINQ NEW EULE. 0. 35, r. 3 0. 35, r. 4 0. 35, r. 5 0. 35, r. 6 0. 35, r. 7 0. 35, r. 8 0. 35, r. 9 0. 35, r. 10 0. 35, r. 11 0. 35, r. 12 0. 35, r. 13 0. 35, r. 14 0. 35, rr.l6, 17 0. 35, r. 20 0. 35, r. 23 0. 35, r. 24 0. 20, r. 5 0. 36, r. 1 0.36,r. 7(a) 0. 36, r. 2 0. 36, r. 11 0.36, r. 12 0. 36, r. 8 0. 36, r. 9 0.36, r. 13 0. 36, r. 14 Former Hules how dealt with. 63 NTTMBER OF OLD P.TTLE. HOW DEALT WITH. NUMBEK OF COKEESPONDING NEW EULE. 0. 36, r. 10 ,, r. 10. a. (E.Dec. 1875,r.l3) 0. 36, r. 11 „ r. 12 „ r. 13 „ r. 14 ,, r. 15. a. (E.Dec. 1879,r. 4) 0. 36, r. 16 „ r. 17 ^ „ r. 17 y (E.Decl876,rl4)J 0. 36, r. 18 „ r. 19 „ r. 20 „ r. 21 r. 22. a. (E.Dec. 1876,r.3) 0. 36, r. 23 „ r. 24 „ r. 25 „ r. 26 „ r. 27 „ r. 28 ., r. 29 0. 36, r. 29.a (E.Jun. 1876,r. 14) 0. 36, r. 29, b (E.Juu. 1876,r. 15) O. 3S r. 29.0 (E.Jun. 1876,r. 16) 0. 36, r. 29.a (E. Dec. 1876,r. 4) O. 36, r. 30 32 33 34 (E.Mcb. 1879,r. 5)' Ee-enacted with addition of a new provision ... ... ... Verbally amended and re-enacted . Verbally amended and re-enacted . . Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis . Verbally amended and re-enacted . . Materially and vei'bally amended and re-enacted ... . . . Entirely re-written and materially added to . Verbally amended and re-enacted . . Verbally amended and re-enacted . . . Verbally amended and re-enacted . Ee-enacted ipsissimis verbis . . Ee-enacted with a material addition Ee-enacted with immaterial omission Ee-enacted, adding the words " or master "... ... Slightly but materially amended and added to . Not re-enacted Verbally amended and re-enacted Verbally amended and re-enacted Ee-enacted ipsissimis verbis . Verbally amended and extended to matters Verbally amended and curtailed . Verbally amended and re-enacted Verbally amended and re-enacted Not re-enacted Ee-enacted, immaterially altering " by " to " with " in last line . Ee-enacted with verbal addition and material omission Materially amended and extended . . . Ee-enacted ipsissimis verbis . Ee-onacied ipsissimis verbis 0. 36, r. 15 0. 36, r. 16 0. 36, r. 17 0. 36, r. 18 0. 36, r. 19 0. 36, r. 20 0.36,rr. 22- .28 0. 36, r. 29 0. 36, r. 30 0. 36, r. 31 0. 36, r. 32 0. 36, r. 33 0. 36, r. 34 0. 35, r. 39 0. 36, r. 41 0. 36, r. 42 0. 36, r. 4 0. 36, r. 6 0. 36, r. 43 0. 36, r. 44 0. 36, r. 45 0. 36, r. 46 0. 36, r. 47 0. 36, r. 48 0. 36, r. 49 0. 36, r. 50 0. 36, r. 51 0. 36, r. 52 64 Table II. NTTMBEK OF OLD RULE. HOW DEALT WITH. NTTMBKE OP OOREESPONDINa WEW EULB. 0. 37, r. 1 „ r. 2 „ r. 3 ,, r. 3. a (E.Apl.l880,r. 12) O. 37, r. 3.b (R.Apl.l8S0,r. 13) O. 37, r. 3.C (R.Apl.l880,r. 14) O. 37, r. 3.d (Ii.Apl.l880,r. 15) O. 37, r. 3.e (R.Apl.l880,r. 16) O. 37, r. 3.f (E.Apl.l880,r. 17) O. 37, r. 3.g (E.Apl. 1880,r. 18) 0. 37, r. 4 0. 38, r. 1 „ r. 2 „ r. 3 „ r.4 „ r. 5 „ r. 6 0. 39, r. 1 (R.Dec.l876,r. 5) 0. 39, r. l.a (R.Mcli.l876,r.6) 0. 39, r. 2 „ r. 3 „ r.4 „ r. 5 0. 40, r. 1 „ r. 2 „ r. 3 „ r.4 (R. Dec. 1876,r. 7) 0. 40, r. 5 \ and (Il.Dec.l876r.7) 0. 40, r. 8 Re-enacted with unimportant verbal additions ... ... . . . Re-enacted ipsissimis verbis . Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis . Re-enacted ipsissimis verbis . . Re-enacted with material additions Re-enacted ipsissimis verbis Verbally amended and re-enacted with the material addition of " or blind" . Verbally amended and re-enacted . . Verbally amended and re-enacted with immaterial omission Verbally amended and re-enacted . . Verbally amended and re-enacted . . Verbally amended and re-enacted . Slightly amended and re-enacted Re-enacted ipsissimis verbis Verbally amended and limited Re-written and materially added to . Materially amended and added to . . Not re-enacted Materially amended and added to . . . Re-enacted with material omission of " in an action " Not re-enacted Re-enacted ipsissimis verbis Not re-enacted Sliglitly but materially amended and re-enacted ... ... Slightly but materially amended and added to ... Slightly but materially amended and added to Slightly but materially amended and re-enacted ... ... 0. 37, r. 1 0. 38, r. 1 0. 38, r. 3 0. 38, r. 7 0. 38, r. 8 0. 38, r. 9 0. 38, r. 10 0. 38, r. 12 0. 38, r. 13 0. 38, r. 15 0. 37, r. 5 0. 38, r. 25 0. 38, r. 26 0. 38, r. 27 0. 38, r 28 0. 38, r. 29 0. 38, r. 30 0. 39, r. 1 0. 39, r. 4 0. 39, r. 6 0. 39, r. 7 0. 40, r. 1 0. 40, r. 2 O.40,rr.3,4,5 0. 40, r. 6 0. 40, r. 7 Former Rules how dealt with. G5 NUMBER OF OLD EUIE. HOW DEALT WITH. NUMBER OF COHRESPONDINa NEW RULE. 0. 40, r. 8 Verbally amended and re-enacted . 0. 40, r. 8 „ r- 9 Slightly but materially amended, and re-enacted 0. 40, r. 9 „ r. 10 Verbally amended and materially added to ... ... 0. 40, r. la „ r. 11 Materially amended, curtailed, and extended to matters 0. 32, r. 6 0. 41, r. 1 Slightly but materially amended and re-enacted 0. 41, r. 1 „ r. La. Ee-enaeted, omitting obsolete words 0. 41, r. 2 (E.ApLl880,r 19) 0. 41, r. 2 Materially amended and added to . . . 0. 41, r. 3 „ r. 3 Ee-enacted ipsissimis verbis 0. 41, r. 4 „ r. 4 Ee-enacted with immaterial omission of " or signed " 0. 41, r. 6 „ r. 5 Ee-enacted ijysissimis verbis ... 0. 41, r. 7 „ r. 6 Not re-enacted 0. 41.A. Ee-enacted, adding the words " or (E.Dec.l879,.r.5) summons" . . 0. 28, r. 11 0. 42, r. 1 Ee-enacted ipsissimis verbis 0. 42, r. 3 „ r. 2 Ee-enacted ipsissimis verbis 0. 42, r. 4 „ r. 3 Ee-enacted ipsissimis verbis 0. 42, r. 5 „ r. 4 Ee-enacted ipsissimis verbis 0. 42, r. 6 ,, r. 5 Ee-enacted ipsissimis verbis 0. 42, r. 7 „ r. 6 Ee-enacted ipsissimis verbis 0. 42, r. 8 „ r. 7 Ee-enacted, twice adding the words "or order" 0. 42, r. 9 „ r. 8 Materially amended and re-enacted . 0. 42, r. 10 „ r. 9 Ee-enacted omitting the word "judg- ment " and adding '.'or order" 0. 42, r 11 „ r. 10 ^ and n] Ee-enacted, altering "may" to"shall" 0. 42, r. 12 E.Jun.l876,r. 0. 42, r. 11 Ee-enaeted ipsissimis verbis 0. 42, r 13 „ r. 12 Ee-enacted, altering "may"to"shair' 0. 42, r. 14 „ r. 13 Ee-enacted ipsissimis verbis 0. 42, r. 15 „ r. 14 Ee-enacted and extended to orders . 0. 42, r. IG „ r. 15 Materially amended and extended to orders 0. 42, r. 17 ,, r. 15. a. Verball}^ amended, extended to or- (E.Apl.l880,r .20) ders, and made universal 0. 42, r. 18 0. 42, r, 16 Verbally amended and re-enacted . 0. 42, r. 20 „ r. 17 Ee-enacted ipsissimis verbis 0. 42, r. 21 „ r. 18 Ee-enacted and extended to orders 0. 42, r. 22 „ r. 19 Materially amended and re-enacted 0. 42, r. 23 „ r. 20 Ee-enacted with immaterial omibsion and addition ... ... 0. 42, r. 21 CG Table II. NUJI IlEU or oil) HLIE. HOW DEALT WITH. NUMBEU OV COBKKSPONDlXa NEW HULE. 0. 43, r. 21 „ r. 22 „ r. 23 „ r. 24 O. 43, r. 1 r. 2 0.'44, r. 1 „ r. 2 0. 45, r. 1 „ r. 2 „ r. 3 „ r. 4 ,, r. 5 „ r. 6 „ r. 7 „ r. 8 „ r. 9 „ r. 10 0. 46, r. 1 r. 2. a. (R.'Apl.l880,r.21) 0. 46, r. 3 (E.Apl.l880,r.22) O. 46, r. 4 (E.Apl.l880,r.23) O. 46, r. 5 (R.Apl.l880,r.24) O. 46, r. 6 (R.Apl.l880,r.25) O. 46, r. 7 (E.Apl.l880,r.26) O. 46, r. 8 (R.Apl.l880,r.27) O. 46, r. 9 (E.Apl.l880,r.28) O. 46, r. 10 E.Apl.l880,r.29) O. 46, r. 11 E.Apl.l880,r.30) O. 47, r. 1 „ r. 2 CR.Apl.lHS0,r.31) Verbally amended and extended to matters . . . . Ee-euacted ipsissimis rcrhis Ee-enacted with, immaterial omission Ee-enacted ipsisfn'tt/ifi verbis Ee-enacted ipsissimis verbis Ee-enacted ijmssimis verbis Verbally amended and re-enacted Ee-enacted ipsissiviis verbis Materially amended and extended . Verbally amended and extended to orders Verbally amended and extended to orders ... ... ... Verbally amended and extended to orders . . . . Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Verbally amended and re-enacted . Verbally amended and extended to orders . . . . Ee-enacted ipsissimis verBis Ee-enacted ipsissiwis verbis Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis Ee-enacted with immaterial omission Sliglitly but materially amended and re-enacted ... ... Ee-enacted ipsissimis verbis Verbally amended and re-enacted . . Materially amended and re-enacted Not re-enacted Slightly but materially amended ind re-enacted ... ... Ee-enacted with slight addition and material omission Verljally amended and re-enacted . . Verbally amended and extended to orders ... ... ... Ee-enacted ipsissimis verbis 0. 42, r. 26 0. 42, r. 27 0. 42, r. 28 0. 42, r. 29 0. 43, r. 1 0. 43, r. 5 0. 44, r. 1 0. 44, r. 2 0. 42, r. 32 0. 45, r. 1 0. 45, r. 2 0. 45, r. 3 0. 45, r. 4 0. 45, r. 5 0. 45, r. 6 0. 45, r. 7 0. 45, r. 8 0. 45, r. 9 0. 46, r. 1 0. 46, r. 2 0. 46, r. 3 0. 46, r. 4 0. 46,rr.5,6 0. 46, r. 7 0. 46, r. 8 0. 46, r. 9 0. 46, r. 10 0. 46, r. 11 0. 43, r. 6 0. 43, r. 7 Former Rules how dealt with. G7 NUMBEE OP irUMBEE HOW DEALT WITH. COEEESPONDINO- OP OLD ETJLE. NEW EXILE. 0. 48, r. 1 Verbally amended and extended to orders . . ... 0. 47, r. 1 „ r. 2 Ee-enacted and extended to orders 0. 47, r. 2 0. 49 Ee-enacted and incorporated 0. 48, r. 1 0. 50, r. 1 Verbally amended, extended to mat- ters and a new provision added 0. 17, r. 1 „ r. 2 Verbally amended and extended to matters 0. 17, r. 2 „ r. 3 Verbally amended, and extended to matters 0. 17, r. 3 „ r. 4 Verbally amended and extended to matters ... ... ... 0. 17, r. 4 „ r. 5 Verbally amended and extended to matters 0. 17, r. 5 „ r. 6 Verbally amended and extended to matters 0. 17, r. 6 „ r. 7 Verbally amended and extended to matters ... ... ... 0. 17, r. 7 0. 51, r. 1 Verbally amended and extended to matters 0. 49, r. 1 ,, r. l.a Verbally amended and extended to (E.Jun. 1877,1 •4) matters and orders 0.49, r. 2 0. 51, r. 2 Verbally amended and extended to orders ... ... ... 0. 49, r. 3 ,, r. 2.a Verbally amended and extended to (E.Jun. 1876,r 18) matters 0. 49, r. 5 0. 51, r. 3 Verbally amended, limited to Ch. Div., and extended to matters . . 0. 49, r. 7 „ r. 4 Verbally amended, limited to same div , and extended to matters . . . 0. 49, r. 8 0. 52, r. 1 Ee-enacted ipsissimis verbis 0. 50, r. 1 „ r. 2 Verbally amended and re-enacted . . 0. 50, r. 2 „ r. 3 Materially amended and extended to matters ... ... ... 0. 50, r. 3 „ r. 4 Verbally amended and re-enacted . 0. 50, r. 6 „ r. 5 Verbally amended and re-enacted . . 0. 50, r. 7 „ r. 6 Ee-enacted,omittingthe words'^state- ment of " 0. 50, r. 8 ,, r. 6.a Materially amended and re-enacted . 0. 50, r. 10 (E.Mch. 1879,1 ••7) 0. 52, r. 8 Ee-enacted ipsissimis verbis 0. 50, r. 11 (E.Apl.l880,r 32) 0. 53, r. 1 Ee-enacted and extended to matters 0. 52, r. 1 „ r. 2 Ee-enacted and materially extended 0. 52, r. 2 „ r. 3 Verbally amended and re-enacted . 0. 52, r. 3 „ r. 4 Ee-enacted with a material addition 0. 52, r. 5 „ r. 5 Ee-enacted ipsissimis verbis 0. 52, r. 6 F 2 C8 Table II. KUMBER OP OLD HULE. NFMBBE OP CORRESPONDINO- NKW HULB, 0. i)o, r. G „ r. 7 „ r. 8 0. 54, r. 1 „ r. 2.a (E. Jun. 1876, r. 10) } 0. 54, r. 2.a. (E.Nov. 1878, r. 4) J O. 54, r. 3 „ r. 4 „ r. 5 „ r. 6 (E.Mcli.l879,r.8) O. 54, r. 7 (E.Apl.l880,r.33) O. 54, r. 8 (E.Apl.l880,r.34) O. 54, r. 9 (E.Apl.l880,r.35) O. 54, r. 10 -. (E. Apl. 1880, r. 36) ! O. 54, r. lO.a. f (E. May 1880, I r. 4) J O. 54, r. 11 (E.Apl.l880,r.37) O. 54, r. 12 (E.Apl.l880,r.38) O. 54, r. 13 (E.Apl.l880,r.39) O. 54, r. 14 (E.Apl.l880,r.40) O. 55, r. 1 O. 55, r. 1 (E.Feb. 1876,r.7) O. 55, r. 3 vE.Apl.l880,r.41) O. 56, r. 1 „ r. 2 Ee-enacted ipsissimis verbis Ee-enacted, omitting the words " in the action " . . Ee-enacted /[psissi)?iis verbis Ee-enacted with verbal omissions and a material addition Materially amended and added to Ee-enacted ipsissimis verbis Materially amended and re-enacted Ee-enacted ipsissimis verbis Ee-enacted omitting C.F. and Exch Divs. ... Ee-enacted, omitting C.P. and Exch Divs., and excluding D.Es. Verbally amended and re-enacted . Slightly amended and re-enacted . . Verbally amended and re-enacted Ee-enacted ipsissimis verbis rMaterially added to and in part re- ■{ enacted ... ... l^ Ee-enacted in part ipsissimis verbis Ee-enacted ipsissimis verbis Not re-enacted Materially amended and added to and extended to matters Ee-enacted, omitting the words "time or" Ee-enacted, adding the word "shall" Verbally amended and re-enacted . Ee-enacted ipsissimis verbis . . 0. 52, r. 7 0. 52, r. 8 0. 52, r. 9 0. 54, r. 1 0. 54, r. 12 0. 54, r. 20 0. 54, r. 21 0. 54, r. 22 0. 54, r. 24 0. 54, r. 25 0. 54, r. 10 0. 54, r. 11 0. 54, r. 26 0. 54, r. 27 0. 54, r. 5 0. 54, r. 28 0. 54, r. 29 0. 65, r. 1 0. 65, r. 6 0. 65, r. 7 0. 66, r. 1 0. 66, r. 3 Former Rules how dealt with. 69 NUMBER NUMBER OF OF OLD EULE. HOW DEALT WITH. COERESPONDrNO- NEW RULE. 0. 56, r. 3 Ee-enacted ipsissimis verbis 0. 66, r. 4 0. 57, r. 1 Materially amended and added to . 0. 64, r. I „ r. 2 Ee-enacted ipsissimis verbis . . 0. 64, r. 2 „ r. 3 Ee-enaeted ipsissimis verbis 0. 64, r. 3 „ r. 4 Ee-enaeted ipsissimis verbis . 0. 64, r. 4 „ r. 5 Ee-enacted ipsissimis verbis . . 0. 64, r. 5 „ r. 6 Ee-enacted ipsissimis verbis 0. 64, r. 7 ,, r. 6. a. Materially added to and extended . 0. 64, r. 8 (E.Apl.l880,r .42) 0. 57, r. 7 Verbally amended and re-enacted . . 0. 64, r. 9 (E.reb.l876,r.8) 0. 57, r. 8 Materially amended and re-enacted . 0. 64, r. 11 (E.Apl.l880,r 43) 0. 57.A., r. 1 Verbally amended and re-enacted . . . 0. 59, r. 1 (E.Dec.l876,r .8) 0. 57.A., r. 2 Verbally amended and extended to (E.Dec.l876, 1 .9) matters .... 0. 59, r. 2 0. 57.A., r. 3 Not re-enacted (E.Dec. 1876,r. 10) 0. 58, r. 1 Not re-enacted „ r. 2 Ee-enacted ipsissimis verbis . 0. 58, r. 1 „ r. 3 Verbally amended and re-enacted . . 0. 58, r. 2 » r.4 Materially amended and re-enacted . 0. 58, r. 3 „ r. 5 Materially amended and re-enacted . 0. 58, r. 4 ,, r. 5. a. Materially amended and re-enacted . 0. 58, r. 5 (E.Mc]i.l879,r .9) 0. 58, r. 6 Ee-enacted ipsissimis verbis . 0. 58, r. 6 „ r. 7 Ee-enacted ipsissimis verbis . . 0. 58, r. 7 „ r. 8 Ee-enacted ipsissimis verbis 0. 58, r. 8 „ r. 9 Ee-enacted ipsissimis verbis . 0. 58, r. 9 „ r. 10 Ee-enacted ipsissimis verbis . . 0. 58, r. 10 „ r. 11 Ee-enacted ipsissimis verbis 0. 58, r. 11 „ r. 12 Ee-enacted ipsissimis verbis . 0. 58, r. 12 „ r. 13 Ee-enacted ipsissimis verbis . . 0. 58, r. 13 „ r. 14 Ee-enacted ipsissimis verbis 0. 58, r. 14 „ r. 15 Materially amended and added to . 0. 58, r. 15 „ r. 16 Ee-enacted, omitting the word " so " 0. 58, r. 16 „ r. 17 He-enacted ipsissimis verbis . . 0. 58, r. 17 „ r. 18 Ee-enacted ipsissimis verbis . . . 0. 58, r. 18 „ r. 19 Materially amended and re-enacted 0. 59, r. 4 (E.Dec. 1876,r 11) 0. 59, r. 1 Materially amended and re-enacted 0. 70, r. 1 „ r. 2 Verbally amended and re-enacted 0. 28, r. 12 (E.Apl.1880, r 44) 0. 60, r. 1 Verbally amended curtailed and re- enacted .... 0. 60, r. 1 „ r. 2 Ee-enacted ipsissimis verbis 0. 60, r. 2 70 Table II. NUMBER OF OLD BULE. HOW DEALT WITH. NUMBER OP CORRE31'ONDlN<3 NEW RULE. O. GO, r. 3 (R.Dec. 1879, r. 6) 0. 60.A, r. 1 (R.Dec. 1879, r. 7) 0. 60.A, r. 2 (R.Dec. 1379, r. 8) 0. 60.A, r. 3 (R.Dec. 1879, r. 9) O. 60.A, r. 4 (R.Dec.l879, r. 10) 0. 60.A, r. 5 (R.Apl. 1879, r.45) 0. fiO.A, r. 6 (E.Apl. 1879, r.46) 0. 60.A, r. 7 (R.Apl. 1 879, r. 47) O. 60.A, r. 8.a (R.May, 1880, r.5) O. 60.A, r. 9 (R.Apl. 1880. r.49) 0. 60.A, r. 10 (R.Apl. 1880,r. 50) 0. 60a, r. 11 (R.Apl, 1880r.51) O. 60.A, r.l2 (R.Apl.l880, r.52) 0. 60.B, r. 1 (R. Dec. 1882, r.3) O. 60.B, r. 2 (R.Dec. 1882, r. 4) O. 60.B, r. 3 (R.Dec. 1882, r. 5) 0. 60.B, r. 4 (R.Dec. 1882, r. 6) 0. 60.B. r. 5 (R.Dec. 1882, r. 7) 0. 60.B, r. 6 (R.Dec. 1882, r. 8) 0. 61, r. 1 „ r. 2 ,, r. 2.a (R.Mcli.l879,r. 10) 0. 61, r. 3 „ r. 4 r. 4. a (R.bec.l875,r. 15) Re-enacted ijfsissimis verhifi Materially aiuondod and re-enacted Verbally amended ;and materially added to Verbally amended and re-enacted. Re-enacted ipsissimis verbis . Re-enacted ipsissimis verbis Re-enacted ijhsissimis verbis Re-enacted ipsissimis verbis . Re-enacted ipsissimis verbis Sligbtly but immaterially amended and re-enacted ... ... Verbally amended and re-enacted Re-enacted ipsissimis verbis ( Re-enacted in part . ^ Verbally amended and re-enacted Not repealed Not repealed Not repealed Not repealed Not repealed Not repealed Re-enacted ipsissimis verbis Re-enacted ipsissit/iis verbis Not re-enacted Re-enacted ipsissimis verbis . Re-enacted with addition of Easter Eve . . Re-enacted ipsissimis verbis 0. 60, r. 3 0.61, r. 1 0. 61, r. 2 0. 61, r. 3 0. 61, r.5 0. 61,rr.6,7 0. 61, r. 9 0. 61, r. 22 0. 61, r. 23 0. 61, r. 25 0.61rr.26,27 0. 61, r. 28 0. 37, r. 6 0.61,rr.32,33 0. 63, r. 1 0. 63, r. 4 0. 63, r. 5 0. 63, r. 6 0. 63, r. 7 For mer Rules how dealt with. 71 KUMBER OP OLU RULE. NUMBER OP COKRESPONDINO- NEW RULE, 0. 61, r. 4. a (R. Feb.1876, r. 9) O. 61, r. 4.C (R.Apl.l880,r. 53) 0. 61, r. 4.d (R.May, 1880,r.6) O. 61, r. 5 ,, r. 6 „ r. 7 „ r. 10 (R. reb.l876,r.l0) O. 62, r. 1 (R.Apl. 1880,r.54) O. 62, r. 2 (R. Apl.l880,r.55) O. 62, r. 3 (R.Apl. 1880,r. 56) O. 62, r. 4 (R.Apl. 1880,r.57) O. 62, r. 5 (R.Apl.l880,r.58) 0. 62, r. 6 (R.Apl.l880,r.59) O. 63, r. 1 \ „ r. 2 / (R. Apl. ( 1880,r.60) ) 0. 64 (R.Apl.l880,r.61) 0. 64 (R.Apl.]880,r.62) O. 64 (R.Apl.l880,r.63) ■0. 1 (costs) T) 2 ,, 5> 3 ,, 4. a (R.Apr.l880,r.64) 0. 5 (costs) O. 6 (costs) „ „ sch. r. 1 15 11 11 V. z Slightly amended and re-enacted Re-enacted ipsissiinis verbin Re-enacted ipsissiinis verbis . . . Verbally amended and re-enacted . Verbally amended and re-enacted . . Entirely re-written but substantially re-enacted ... . . , Re-enacted, altering *' 2 " to " 1 " p.m. . . . . Slightly amended and re-enacted in part. . Re-enacted and materially extended by new provisions Not re-enacted Not re-enacted Materially amended and re-enacted . Incorporated and re-enacted Materially added to and re-enacted . Not re-enacted Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis Re-enacted with an unimportant omission Re-enacted ipsissimis verbis Verbally amended and limited Repealed and the former law restored Slightly but materially amended and re-enacted Not re-enacted Materially amended and re-enacted Re-enacted ipsissimis verbis (). 63, r. 8 0. 63, r. 9 0. 63, r. 10 0. 63, r. 11 0. 63, r. 12 0. 63, r. 15 0. 63, r. 16 0. 68, r. 1 0. 68, r. 2 0. 70, r. 1 0. 68, r. 2 0. 71, r. 1 0. 61, r. 10 0. 61, r. 11 0. 66, r. 5 0. 66, r. 6 0. 38, r. 30 0. 34, r. 8 0. 66, r. 7 0.65,rr.8,9 0.65,r. 27, reg. 1 0.65,r. 27.. reg. 2 72 Tal)le II. NTTMBEE OF OLD RULE. HOW DEALT WITH. NUMBER OP COREESPONDINQ NEW RULE. O.G (costs)scli.r. 3 )1 >5 )) ^- 4 3> J 5 >; r. o )> 55 )) ^- O j> M ?) r. / 35 35 33 ^' " 3 3 3 3 3 3 r. 9 3> 33 ,3 I". 10 33 33 33 ^- ^^ 3 3 3 3 3 3 ^- 12 33 33 35 !'• 13 >> 33 35 ^' 1'* 33 55 55 1'- 15 >> 35 53 ^- 1^ 3 5 5 3 3 3 ^' ^ ' „ 35 55 r. 18 3 5 5 5 .'3 ^- A«^ 33 35 33 ^' 20 J3 33 53 ^- 21 55 55 55 ^- -^2. a (R.Apl.l880,r. 65) O. 6 (costs)sch.r.23 Slightly but materially amended and re-euacted Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis . Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis Re-enacted ip)sissimis verbis . Re-enacted, tlu'ice omitting the "word "above " Verbally amended and re-enacted . Materially amended and re-enacted . Re-enacted ipsissimis verbis Re-enacted ipsissimis verbis . Re-enacted ipsissimis verbis Re-enacted i2Jsissimis verbis Materially amended and re-enacted . Materially amended, extended, and new provisions added Slightly but materially amended and re-enacted Re-enacted ipsissimis verbis Re-enacted ipsifmimis verbis Materially amended, extended and added to . . Slightly amended and re-enacted . . . >> 33 53 r. 24 Re-enacted ipsissimis verbis 0. 65, r. 27, reg. ;) 0. 65, r. 27, reg. 4 0. 65, r. 27, reg. 5 0. 65, r. 27, reg. 6 0. 65, r. 27, reg. 7 0. 65, r.27, reg. 9 0. 65, r. 27, reg. 10 0.65, r.27, reg. 12 0.65, r.27, reg. 13 0. 65, r. 27, reg. 14 0. 65, r. 27, reg. 16 0. 65, r. 27, reg. 16 0.65, r.27, reg. 17 O. Co, r. 27, reg. 18 0. 65, r. 27, reg. 19 0. 65, r. 27, reg. 20 0. 65, r.27, reg. 21 0. 65, r. 27, reg. 22 0. 65, r. 27 reg. 23 0. 65, r. 27 reg. 24 0. 65, r. 27 reg. 25 0. 65, r. 27 reg. 27 Former Rules how dealt with. 73 NTTMBEE OP OLD RULE. HOW DEALT WITH. NUMBEB OF COEEESPONDINO- NEW EULE. 0.6(cost8)sch.r.25 J> JJ , r.26 >> )) , r. 27 >> )J , r. 28 >> >> , r. 29 n •> , r. 30 >> 5? , r. 31 >J 5J , r. 32 5> J) , r. 33 )> 55 , r. 34 . May 1883, r. 1 55 55 r. 2 55 55 r. 3 55 55 r. 4 >> >5 r. 5 55 55 r. 6 55 55 r. 7 55 5j r. 8 55 55 r. 9 55 55 5> r. 10 r. 11 Re-enacted ip^issmis verbis He-enacted ijmssimis verbis Ee-enacted ipsissimis verbis Verbally amended and re-enacted Ee-enacted and a new provision added Materially amended and re-enacted Ee-enacted ipissismis verbis Materially amended and re-enacted Ee-enacted ipsissimis verbis Verbally amended and re-enacted Verbally amended and re-enacted in part ... ... • • • Ee-enacted with immaterial altera- tion and addition Ee-enacted ipsissimis verbis Ee-enacted with immaterial altera- tion of " a " to " any " Ee-enacted i2)sissimis verbis . Ee-enacted and extended to D.Es. Ee-enacted ipsissimis verbis Ee-enacted ipsissimis verbis . Verbally amended and re-enacted . Materially amended and re-enacted Not re-enacted 0. 65, r. 27 reg. 28 0. 65, r. 27 reg. 29 0. 65, r. 27 reg. 30 0. 65, r. 27 reg. 37 0. 65, r. 27 reg. 38 0. 65, r. 27 reg. 39 0. 65, r. 27 reg. 40 0. 65, r. 27 reg. 41 0. 65. r. 27 reg. 42 0. 65, r. 27 reg. 43 0. 62, r. 18 0. 16, r. 18 0. 16, r. 19 0. 16, r. 41 0. 12, r. 30 0. 7, r. 3 0. 37, r. 3 0. 52, r. 11 0. 52, r. 15 0. 52, r. 14 TABLE III. Shoivinglthe new lyrovisions in the Neio Rules, not being mere amenthnents. NUMBEE OF NEW EULE. SUBJECT MATTER. 0. 3. r. 6 (part) Special indorsement of writ in certain actions for recovery of land. 0. 4 r. 4 Indorsement of Address on proceeding com- mencing otherwise than by writ of summons. 0. 5, r. 6 Assignment of Actions to masters. >> r. 7 Transfer thereof. J J r. 8 Absence of master from illness, etc. ?> r. 9 Chancery causes and matters. 0. 8, r. 3 Lost Writ of Summons ; sealing copy. 0. 9, r. 10 Service of "Writ of Summons, when unnecessary in admiralty actions. 0. 13, r. 6 Default of Appearance ; detention and (or) damages ; several defendants, some aj)pearing, some not. >> r. 7 Detention and (or) damages, and debt or liquidated demand. >> r. 14 Suggestion of breaches in action on bond. 0. 14, r. 1 (part) Judgment notwithstanding Appearance in actions for recover}' of land. 0. 16, r. 50 Third Parties ; default of appearance by third party ; judgment by default against defendant ; judgment against tliird party. M r. 51 Default of appearance by third party; trial or decision for plaintiff ; judgment for defendant against third party. n r-, ;54 Costs. 7G Table III. NTTMBKB OF NEW EULE, SUBJECT MATTEE. 0. 17, r. l(part) 0. 19, r. 4 }> r. 6 >) r. 7 if r. 26 0. 20, r. 1(a) >> r. 1 {b) 0. 20, r. 4 )» r. 6 >> r. 8 0.21, r. 4 j> r. 16 0. 22, r. 3 >> r. 6 >j r. 8 j> r. 9 >j r. 10 )) r. 11 >> r. 12 n r. 13 >> r. 14 >> r. 15 )» r. 16 0. 23, r. 4 0. 25, r. 1 55 r. 2 )> r. 3 )) r. 4 0. 26, r. 4 0. 27, r. 9 0. 28, r. 5 i) r. 13 Death ; no abatement on death between verdict and judgment. .Pleadings ; signature necessary. Particulars. Further and better particidars. Technical or formal objections prohibited. Statement of Claim. None, where writ special indorsed. Unnecessary where not demanded. Amendment without amendment of writ. Prayer for general relief imnecessary. Account stated, or relied on as evidence. Defence. Damages deemed in issue. Counterclaim may be proceeded with notwith- standing action dismissed, etc. Payment into and out of CotniT. When tender pleaded. Where liability denied. Where actions consolidated. To counter-claim. Under certificate of master or associate. Payment, where paid in imder order or certificate. Under Chancery Funds Acts, 1872. Paid into the I'auk of England for the Q. B. D. Money now in Q. B. D. subjected to new rides. Payment in and investment of money recovered by persons under disability. Sale, transfer, and payment out thereof, and of dividends thereof. Eeply to counterclaim PiiocEEDiNGs IN LIEU OF Demurrer. Abolition of demurrers. Raising points of law. Decision thereon disposing of whole action. Striking out pleadings showing no reasonable cause of action or defence, and staying action, or giving judgment, where action or defence frivolous or vexatious. Discontinuance. Staying second action until pay- ment of costs of first action. Default of Ple.vding. Judgment for unanswered part of plaintiff's claim. Amendment. Time to plead, and pleading, to amended pleading. Costs. New Provisions in the New Rules. 77 NUMBER OF NEW RULE, 0. 29, r. 9 o.'so r. 13 r. 1 5> 5> r. 2 r. 3 0. 31, r. 2 r. 19 r. 25 r. 26 r. 27 r. 28 0. 32, r. 4 0. 35, r. 5 r. 9 r. 15 r. 18 o.'se, r. 22 r. 3 r. 10 r. 15' (part) r. 37^ r. 38 r. 40 r. 53 r. 54 r. 56 r. 56 r. 58 0. 37, r. 4 SUBJECT MATTER. Releases in Admiralty Actions. Telegram to principal registry where action in D. E., before release issued. Also before warrant to arrest issued. Summons for Directions; when, and for what, issued. Form, contents, and hearing. Subsequent application for matter which might have been included in first : costs. Discovery and Inspection. Interrogatories after oif er of particulars, admission, or inspection. Limited inspection of court roils. Security for costs of discovery or interrogatories. Amount to be paid into court. Payment out, and lien thereon. Answers, or affidavit of documents, by officer in action against sheriff. Admissions. Notice to admit facts. Forms of notice, and admissions. Costs of prolix notices to admit or produce. District Registries. Certificate that defence not delivered, to accompany notice of removal. Notice of London address for service, where cause or matter removed. Taking affidavits or records out of D. E. Trial. Chancery causes or matters, by judge alone. Without a jury, when prolonged examination of documents, or scientific or local investigation, rec[uired. Saving of provisions of Common Law Procedure Acts as to arbitration. Power to enter trial before pleadings closed. Particulars in libel or slander before evidence in mitigation of damages admissible. Disallowance of vexatious or irrelevant questions on cross-examiuation. Official note of commencement and termination of trial. Notice by referee that report ready. Further consideration ; adoption of report. Motion on report, where cause, etc., not adjourned on further consideration. Application of certain rules to writs of inquiry. Assessment of damages on continuing cause of action. Evidence. Office copies receivable in evidence between parties. 78 Table II. NUilBEE OF NBW EULE. 8T7BJECT MATTEE. 0. 38, r. 2 o.'so, r. 14 r. 2 j> r. 3 0. 42, r. 5 r. 25 j> r. 33 0."49, r. 34 r. 4 0/50, r. 6 r. 4 0. 50, r. 17 0. 52, r. 4 0. 53, r. 4 " r. 5 r. S r. 9 r. 10 >) 0. 54 r. 11 r. 12 r. 13 r. 14 r. 15 r. 2 >> >> r. 9 (part) r. 13 r. 14 r. 15 r. 16 r. 17 >> 0. 55 r. 18 r. 19 r. 23 ,r. 3 r. 4 /"cj Affidavits. Prolixity in titles : costs. Ecccpti on of defective, or irregular affidavit. Motion for New Trial. Judge who presided at trial not to sit on motion for new trial. Apjilication to be by notice of motion : grounds, etc. to be stated. Amendment of notice. Execution. Date, duration, and renewal of com- mitment order under Debtors Act. Application in case of difficulty in enforcing execution. Costs of discovery in aid of execution. Tr.vnsfer by L. C. of particular application to particular judge. Originating summons marked for wrong judge. Ikspectiox b}' judge on trial, of any property or thing, concerning which any question arises. Receivers. Adjournment to chambers to give security. Motions. Grounds to be stated on motions as to awards, attachment, and striking off the rolls. Action of M.vndamus. Abolition of writ. Prerogative Mandamus. Saving of present prac- tice. Return to first writ Pleading to return. Judgment on point of law. Peremptory wi'it. No action lies for anji;hing done under writ. Respondent's functions ministerial merely. Death, etc., of respondent. Application of certain rules. Ciia:mbers generally ; exparte applications, when to be made by summons. Several applications in one summons. CnAMT.ERS OF Q.B.D. ; ro<« of masters in chambers. Daily attendance of. Division of business. Put )li cation of arrangements. Making application with master's name. Urgent applications. Hearing of summonses under Debtors Act. Appeal from judge to divisional court Chambers of Cii. Div. ; originating summons for determination of questions in administrations and trusts. For orders for administration of trusts. New Provisions in the New Rules. 79 K UMBEE OF NBW EULE, SUBJECT MATTEB. 0. 55, r. 5 >> J5 >> r. 6 r. 7 r. 8 r. 10 r. 11 >> r. 12 >> >> r. 21 r. 36 >> 0/57, r. 42 r. 43 r. 13 0. 59, r. 14 r. 3 O.'ei, r. 5 r. 6 r. 4 O.'es r. 8 r. 2 >5 0. 65 r. 3 r. 6 (part) r. 4 >> >7 r. 8 r. 9 r. 10 r. 11 r. 12 r. 26 r. 27, reg. 20 (part) » reg. 38 (part) ,, reg. 44 „ reg. 45 „ reg. 46 „ reg. 48 „ reg. 49 „ reg. 52 Persons to be served. Other persons, by order. Evidence and directions. Judgment on summons. Court not obliged to pronounce judgment. Transfer of, or marking, subsequent originating summonses relating to same estate or trust. Power and discretion of executor, etc., how far interfered with. Day and liour of attendance of summmons. Summons to proceed, proceedings on, where all necessary parties not served. Attendance of parties not directed to attend. Order as to parties attending to be drawn up. Interpleader ; application of certain rules. One order in several proceedings. Divisional Courts ; appeal from award on com- pulsory arbitration. Appeal from award of justices as to salvage. Printed copies of evidence below. Central Office. Publication of arrangements made for attendance of masters. Abolition of enrolment of judgments and orders. Sittings and Vacations ; Queen's birthday. Sittings of offices ; periods between vacations. Easter Eve. Costs. Trial in County Court. Lower scale, when applicable. Higher scale, when applicable. Power to allow higher scale on taxation against client. Improper and fruitless costs, delay, misconduct, or default of solicitor. Contract ; where plaintiff recovers not exceeding £50. Under 22 & 23 Vic, c. 35, s. 30. Costs incurred by misconduct or negligence. Fixed sum for costs of judgment for costs. Retainers to counsel. Conferences with counsel. Contract ; o ne counsel only where plaintiff recovers not exceeding £50. Refreshers to counsel, when and what allowed. Briefs, where cause not tried. Vouchors for counsel's fees. 80 Table III. NDMBKB OF NEW KULE. SUBJECT MATTER. 0.65, r.27,reg. .53 OflBice copies need not be taken where originals may be used. „ reg. 54 Office copy of affidavit of doonments need not be taken. „ reg. 55 Party guilty of delay, or causing unnecessary or improper expense. „ reg. 56 Taxation against fund; sending copy bill and statement to client. „ I'eg. 57 Power to extend time. „reg. 58 Indorsement of name, etc., of solicitor and agent. 0. 66, r. 3 Services oe Notices, Okdebs, &c. ; notices from Supreme Court. r. 5 Personal service, how efiPected. r. 6 Substituted service. O.'es, r. 2 (part) Ckown and Eevenue Cases ; application of certain orders. r. 3 Pleadings in prohibition. r. 4 Title of affidavits on Crown side of Q. B. D. o.'ti. r. 2 Interphetation of Terms ; singular and plural. 0.72, r. 1 Gener.al Eules ; orders annulled by former orders. >» r. 3 Vacancy in the office of L.C. INDEX. A Abatement — Cause or matter shall not abate, on marriage, death, or bank- ruptcy, if cause of action survives, O. 17, r. 1. No abatement on death between verdict and judgment, whether cause of action survive or not, O. 17, r. 1. No i^lea or defence in abatement, shall be pleaded, 0. 21, r. 20. Summons to compel j)arty entitled, to proceed where cause of action survives, O. 17, r. 8. Judgment in default, 0. 17, r. 8. When cause or matter is abated, solicitor shall so certify to officer in charge of cause book, 0. 17, r. 9. After one year, same shall be struck out of cause book, 0. 17, r. 10. Abolition — Abatement, plea or defence in, O. 21, r. 20. Associates of the common law divisions, + 1-i. Audita querela, O. 42, r. 27. Bill of Exchange Act, writs under, 0. 2, r. G. Chancellor of Exchequer as judge of Exchequer, § 90. Clerk of enrolments, [J: 14. Clerk to petty bag, j 14. Common Pleas division, order in council, IGth Ecc. 18oC- Demurrer, O. 25, r. 1. e 82 Abolition (continned). Distnngas, writ of, 0. 4G, r. 2. Equity and law, various doctrines in ; see Equitable Rights,, Relief and Rules. Exceptions to answers, O. 81, r. 10. Exchequer division, order in council, 16th Dec. 1880. Injunction to restrain proceedings, | 24 (o). Writ of, O. 50, r. 11. Lord Treasurer as judge of Exchequer, § 97. Masters of the Common Law Divisions, :j: 14. Merger, by operation of law, where beneficial interest is not merged, § 25 (4). New assignment, 0. 23, r. 6. New trial, rule nisi for a, O. 39, r. 3. Office, any unnecessary, upon the occurrence of any vacancy therein, § 77, §§ 34., and see Officer. Also, upon the recommendation of the council of judges., of certain offices, § 32. Orders to show cause in certain cases, 0. 52, r. 2. Queen's remembrancer, J 14. Record and writ clerk, ^14. R,egistrar of judgments, J 14. Registrar of married women's acknowledgments, | 14. Rides nisi in certain cases, O. 52, r. 2. Secretary to visitors of lunatics, §§ 31. Subpoena for payment of costs, O. 43, r. 7. Terms, except as a measure of time, § 26. Yenues, local venues, except statutory, O. 36, r. 1. Acceptance — Money paid into court by defendant ; and taxation and judg- ment where entire action is thereby satisfied, O. 22, r. 7. Form of notice to defendant, B. 4. Form of reply accepting money, E. sec. 2. Form of judgment, F. 16. Service of writ of sunnnons, acceptance of, by solicitor, 0. 9. r. L Liability of solicitor to attachment for not appearing . O. 12, r. 18. 83 Accord and Satisfaction. Defence, form of, D. sec. 4. Account, Action for — Application for an order for an account may be made bj- summonsat any time after time for appearance, 0. 15, r. 2. Afiidavit, when necessary in support of application, 0. 15, r. 2. Assignment of action for account to Ch. Div., § 34. Indorsement of claim to be made on writ of summons, O. 3, r. 8. Forms A. part III, sec. 1, Nos. 3, 4, 5. Order shall be made in default of appearance, or after appearance, unless the defendant satisfies the court or judge that there is some preliminary question to be tried, 0. 15, r. 1. And see Accounts. Accounts — Accounting party shall make out the account and verify same by affidavit, unless otherwise directed, 0. 33, r. 4. Accounts may at any stage of a cause or matter be directed to be taken, 0. 33, r. 2. Administration and execution of trusts ; see that title. Affidavit verifying account, 0. 33, r. 4. Form shall be L. 11, 0. 65, r. 75. Account shall be exhibited, 0. 33, r. 4. Allowances, all just, shall be made, 0. 33, r. 8. Alterations in accounts verified by affidavit,''shall be initialled by the commissioner, O. 38, r. 22. Books in which the accounts have been kept may be directed to be taken as piimd facie evidence of the truth of the matters therein contained, O. 33, r. 3. Delay in prosecuting accounts, explanation may be called for, and order made as to the further conduct of the pro- ceedings and the costs, 0. 33, r. 9. Directions may be given as to the mode in which the account is to be taken or vouched, O. 33, r. 4. o 2 Accounts {continued). Diivctiousiu judgment or uidcr .shall be numbered, U. 3ei r. 7. District registry, accounts may be ordered to be taken in a, § GO. Report may be acted upon as to court shall seem fit, § 60. Erasures in sworn accounts are not allowed, O. 38, r. 22. Alterations shall be initialled by the commissioner, ih. Form of ath davit verifying accounts and answering usual en(|uiries, and of the accounts ; L. 11, 12, 13 ; O. Go, r. 75. General account of personal estate, judgment or order for a, shall direct an enquiry as to outstanding estate, unless otherwise ordered, O. 33, r. 0. Items on each side of the account shall bo numbered con- secutively, 0. 33, r. 7. Judgment or order for an account and inquiries shall be in form, L. 28, with any requisite variation, O. 33, r. 7. Left, account when verified, shall be in chambers, or Avith the referee, as the case may be, O. 33, r. 4. Motion for judgment, on a, accounts may be dii'ected to be taken, 0. 40, r. 10. New trial, on application for, accounts may be directed to be taken, O. 40, r. 10. Notice of surcharge, by party seeking to charge the accounting party, shall give the amount sought to be charged and particulars, O. 33, r. 5. Official solicitor may be diix'cted to sunnnon persons, and to conduct and carry out proceedings, where there is delay iu ])rosecuting the accounts, O. 33, r. 9. ( )ider directing accounts and inquiries shall be in form L. 28, O. 33, r. 7. Pleadings : stated or settled account shall be alleged with particulars, but where relied on by way of e\'idence or admission, same shall not be pleaded, 0. 21, r. 8. Form of statement of claim, C. sec. 2, No. 4. Eeceivers: see Receiver. Reference to official referees of questions in a cause or matter requiring prolonged examination of accounts, § 57. Referred to by affidavit, accounts shall be exhibited and not annexed, O. 58, r, 23. Referred to in chief clerk's certificates ; see Chief Clerk, A. 8.') Accounts {continued). Summons to proceed upon ; see Chambers, B. Surcharge, notice of, 0. 33, r. 5. Written on foolscap paper, bookwise, accounts shall be, unless it be impracticable, 0. 66, r. 2. And see Account, Action for. Acknowledgements for Enrolment — See Enrolment. Acknowedgements of Deeds by Married Women — Commissioners appointed and removed by L. C. J., ^ 26. Department of central office for filing, O. 61, r. 1. Master has no jurisdiction to take any, O. 54, r. 12 {m). Office for filing, amalgamated with central office, J 5. Search by officer, and certificate of result of search, 0. 61, r. 28. Time and place where acknowledgement taken, shall be stated by the commissioner, O. 38, r. 5. Act of Parliament — See Statute. Action — Admiralty Action ; see that title. Assignment of, to what division of H. C. § 34. And see Assignment of Causes. Chancery action ; see that title. Commenced, shall be, by writ of summons, 0. 2, r. 1. Discontinuance ; see that title. District registry, actions may be commenced in, § 64. And see District Registries. Hearing ; see Judgment, F ; Trial. Inferior court, transfer of cause in, where court has not juris- diction to administer relief to whole counter-claim of defendant, § 90. Interpretation of terms " action " and " cause " when used in Act, I 100. Joinder of causes of action ; see that title. Land, action for recovery of; see that title. 86 Action {continued). MandciTiius, action shall not lie for anything dcjnc under a, O. 53, r. 12. Parties to action ; see that title. Penal ; see Penal Action. Pleadings ; see that title. Probate action ; see that title. Proceedings, all, shall be before a single judge, and that tlic judge who tries the action, -f* 17. Search at central office for dates and proceedings, O. 61, r. 24. Second action brought before payment of costs of previous discontinued action for same cause, maybe stayed, 0. 26 r. 4. Suits in the H. C. shall be termed actions, 0. 1, r. 1. Transfer ; see that title. Trial ; see that title. Withdrawal ; see DISCONTINUANCE. Writ of summons ; see that title. Address — Claimant charging stock by notice, 0. 46, r. 4. Alteration of, O. 46, r. 4. Form of notice, B. 22. Defendant appearing in person shall give his address, 0. 12, r. 11. Illusory or fictitious address renders appearance liable to be set aside, O. 12, r. 12. Plaintiffs, shall be endorsed on writ of summons, 0. 4, r. 1. So also where plaintiff sues in person, O. 4, r. 2. So also where plaintiff sues in D. R, O. 4, r. 3. Plaintiffs solicitor, and of his agent, shall also be indorsed, 0. 4, r. 1. If suing in D. R., O. 4, r. 3. And see Address for Service. Address for Service- Defendant's solicitor shall state in the memorandum of ap- pearance his address for service, which shall not be more than three miles from the Royal Courts of Justice, O. 12, r. 10. 87 -Address for Service {eoatlimcd). 80 also if defendant appeal' in person, O. 12, r. 11, Appearing in D. R., his address for service shall be within the district, O. 12, r. 10. So also if defendant appear in person, 0. 12, r. 11. Illusory or fictitious address renders appearance liable to be set aside, O. 12, r. 12. Plaintiffs solicitor's addi'ess for service shall be indorsed on writ, and shall not be more than three mil 33 from Royal Courts of Justice, O. 4, r. 1. So also if plaintiff sue in person, 0. 4, r. 2. Suing in D. R., his address for service and, if defendant does not reside in district, his London address for service, shall be indorsed, O. 4, r. 3. So also if plaintiff sue in person, O. 4, r. 3. Removal from D. R., upon a, defendant shall give notice to jjlaintiff of an address for service in Li^ndon, 0. 35, r. 18. Service, within the prescribed hours, of documents not requiring personal service, upon any person resident or belonging to the address for service, shall be suffi:jient O. 67, r. 2. And see Address. -Addresses to the Jury- How regulated, U. 30, r. 36. -Adjournment — Appeal, adjournment of, to give notice to other parties, 0. 58, r. 2. Where cross notice of appeal n(3t given, 0. 5S, r. 6. Costs where adjournment in chambers ordered, and no useful progress made, 0. 6-5, r. 27, reg. 13. Notice of adjournment or of next appointment is not t » be allowed. Appendix N., title " Services and Notices." Motion or application, hearing of any, may be adjourned oa terms, O. 52, r. 7. To give notice to some other party, O. 52, r. G. 8S Adjournment {continued). Ti'ial may 1 c [lostpouc 1 or adjouineil, 0. ."JG, r. .'34. Trial (vr reference before oflBcial or spe'cial referee may b(- atljoiirned, O. 8G, r. 48. Writ i)f inquiry; see IxQUlRY. Administration — Equity and Law, administration uf varii)us prineiplcs of. fee Equitable Rights, Eelief, and Rules. And see Administeatiox and ExEruTiox <»k Tkusts. Administration and Execution of Trusts— Accomits ; see that title. Advertisements for creditors ; sec tliat title. Causes and matters relating to, assigned to Ch. Div. § '.\\. Charitable Trusts Act, 1853, applications t(^ a judge in chambers under, shall be made by sunnnons, 0. 55. r. 13. Fees payable on proceedings before judge in chandKn's, 0. G5, r. 24. When directed to bo heard in court, 0. 05, r. 25. No order shall be appealed without leave where the gross annual income does not exceed £100, O. b'^, r. 14. Claims, proof of ; see Advertisements for Creditors and Proof of Claims. Conduct of proceedings, may be given to such person as court or judge thinks fit, O. 16, r. 39. ( 'oiKhict of sale shall be given to executor, administrator oi- trustee, unless otherwise directed, 0. 50,/. 10. Costs of and incident to all proceedings shall be in the discretion of the court or judge, 0. 05, r. 1, Saving of executor's, etc. right to costs __ out of estate or fand where he has not unreasonably^instituted, carried on, or resisted any proceedings, O. 65, r. 1. Income, power to make interim orders as to, where estate more than sufficient to satisfy all claims, 0. 50, r. 9. li:(piiries; see that title. Insolvent estate, administration of deceased's, shall be as in bankruptcy, §§ 10. 89 Administration and Execution of Trusts {continued). Judicial opinion, advice, or direction, title and form of petition, summons atHdavit, etc. for, under the Trustee Relief Act, 1859, 0. 52, r. 19. Petition or summons shall be served seven days before hearing, unless by consent, O. 52, r. 21. Statement to be left in chambers, and subsetpit-ntl}- transmitted to the registrar, and filed, O. 52, r. 20. Judges opinion, advice, or direction shall be passed and entered as an order, 0. 52, r. 22. List of annuities and arrears, L. 19. apportionment among creditors or legatees, L. 20. . „ claims, L. 6 ; 0. 55 r. 52. „ debts allowed, L. 1 7. „ legacies unpaid, L. 1 8. Originating summons : — Cases in which it may be taken out for the determination of questions or matters, 0. 55, r. 3. For orders of administration, 0. 55, r. 4. Copy shall be filed at central office, 0. 55, r. 20. Day and hour of return shall be added after sealing and be marked with chief clerk's seal, 0. o^, r. 21. Directions may be given for the trial of any questions, O. 55, r. 7. And touching the carriage or execution ol the judgment, 0. 55, r. 9. Evidence, what in support of application, O. 55, r. 7. Form shall be L. 'lo, with any requisite variation, 0. 55, r. 2 Issue of summons, the, shall not interfere with the power or discretion of the executor, etc., except so far as is involved in the particular relief sought, 0. 55, r. 12. Judgment, such, may be pronounced as the case re(|uires, O. 55, r. 8. Directions may be given touching the carriage oi- execution of the judgment, 0. 55, r, 9. Not obligatory on the court or judge to pronounce a judgment or order, if the ([uestions can bc^ determined without, 0. 55, r. 10. <)0 Administration and Execution of Trusts {continued). Judgment may be directed to be served uii por.suiis not parties, O. 55, r. 9. Parties served with the summons shall appear in central office and give notice thereof before they are heard, O. 55, r. 2:1 Persons upon whom the sunuunns sliall in the first instance be served, O. 55, r. 5. Others may be directed to bi' ser\ed, 0. 55, r. 0. Prepared shall be by applicant and sealed in central office, O. 55, r. 20. Served, shall be, seven clear days before the return, O. 54, r. 4. Where not so served, indorsement may be niade, and new time appointed, and hearing adjourned, as to parties previously served, O. 55, r. 22. Subsequent summons shall be marked with the name of the judge to whom the first is assigned, O. 55, r. 11. Transfer of subsequent summonses to the judge to whom the first summons is assigned, 0. 55, r. 11 ; 0. 49, r. 6. Outstanding estate, inquiry as to, shall be includcid in every judgment (jr order for a general account of a deceased's personal estate, O. 88, r. 6. Parties : — Cestui que tniat, any, entitled to a judgment or order for the execution of trusts, may have same Avithout serving the others, O. 16, r. 80. Claims, executor or administrator shall alone appear on, unless otherwise directed, 0. 16, r. 47. Conduct, may be given to such person as court or judge think fit, O. 16, r. 39. Executor, administrator or trustee, any, may have judg- ment or order for administration or execution of trusts against any one legatee, next of kin, or cestui, qu.e trust, 0. 16, r. 8.S. Heir-at-law, next of kin, or class, where unknown or difficult to ascertain, some person may be appointed to represent, and the judgment shall Ije binding upon the heir-at-law, next of kin, or class, O. 16, r. 82. 91 Administration and Execution of Trusts {contiuued). Heir-at-law need not be made party, unless plaintiff desires to establish the will as against him, O. 16, r. 45. Legal personal representative, court or judge may proceed in the absence of, or may appoint some person to represent the deceased's estate, O. 16, r. 46. Legatee or person interested in real estate, any, may have judgment or order for administration without serving the others, O. 16, r. 34. Notice of judgment or order may be served on persons not parties, O. 16, r. 40 ; and see 0. 55, r. 9. Appearance, persons served may attend proceedings on entering an, 0. 16, r. 41. Liberty to attend, order for, unnecessary, 0. 16, r. 41. Memorandum of service shall be entered on due proof by affidavit, 0. 16, r. 42. Form of memorandum, G. 26. Memorandum shall be indorsed on the notice in form G. 28 ; O. 16, r. 43. Persons served, bound by proceedings, 0. 16, r. 40. Service on an infant or person of unsound mind, shall be as a writ is served, O. 16, r. 44. Guardian ad litem may be ordered to be ap- pointed, O. 55, r. 27. Vary, discharge, or add to judgment or order, person served with notice may apply to, within one month, 0. 16, r. 40. Person, court or judge may require any, to be joined, O. 16, r. 39. Residuary devisee or heir, any, may have judgment or order for administration without serving co-devisee or heir, 0. 16, r. 35. Residuary legatee or next of kin, any, may have judg- ment or order for administration of^ personal estate without serving the others, O. 16, r. 33. Waste, in actions for prevention of, or otherwise for the protection of property, one person may sue for self and others, 0. 1 6, r. 37. 92 Administration and Execution of Trusts {continued). Pleadinos tlaniis , r. 11. Writ of sununons, -where plaintiff de.sires an acc(junt, shall be indorsed with claim thereto, O. 3, r. 8. Forms of indorsement of claim : — Administration ... A. part III. sec. 1, No. 1. Execution of trusts ... „ „ „ 7. And see Account, Action for Administrators — See Executors and AD:sriNTSTEAT()T?s. Admiralty Action — Acceptance of service, and agreement to put in bail or pay money into court, renders ser\icc of writ or waiTant unnecessary, O. 9, r. 10. Solicitor liable to attachment for broach of his under- taking, O. 12, r. 18. Affidavits and proofs shall be filed in the admiralty registry, 0. 88, r. 10. Agi'eement between solicitors may, if reasonable and jiropur, be filed, and shall thereupon have the same effect as an order, 0. 52, r, 23. Appeal lies to the Court of Appeal, § 18 (5). And see Appeal ; Court of Appeal. Assignment of causes and matters to P. D. and A. Div., §34. But not unless same could have been commenced in the Admiralty Court before the Act, §§ 11. If within the non-exclusive cognizance of the Admiralty Court may be assigned to any division, 0. •'), r. 5. 93 Admiralty Action {continued). Bail may be taken before admiralty registrar, or district regis- trar, or commissioner to administer oaths, O. 12, r. 19. No commissioner shall take bail on behalf of any person for whom he or his partner is acting as solicitor or agent, 0. 12, r. 21. Sureties shall justify in every case, 0. 12, r. 19. Form of affidavit of justification. A., part II., No. 14. Bail bond shall not be filed, unless by consent, until twenty- four hours after notice of the bail has been served on the adverse solicitor, 0. 12, r. 20. Form of bail bond ... A., part II., No. 13. Prmcipe for ... „ „ 12. Form of notice of bail ... „ „ 10. Prcacipe for „ ... „ „ 9. Copy of the notice of bail, verified by affida\it, shall be filed with the bail bond, 0. 12, r. 20. Delays required by the rules with respect to the taking of bail may be dispensed with by consent, O. 64, r. 10. Marshal's report as to the sufficiency of the proposed bail, A., jDart II., No. 11. Caveats shall not remain in force for more than six months, O. 64, r. 1.5. Claim, statement of, shall be delivered within twelve days after appearance, O. 20, r. 3. Forms in appendix C. when applicable shall be used, 0. 19, r. 5. Bottomry bond C. sec. 3, No. 3. Equipment and necessaries ... „ „ 4. Possession ... ... ... „ „ 5. Salvage ... ... ... ... „ „ 6. And see Statement of Claim. Compulsory pilotage, notice of defence of, where pleadings dispensed with, O. 19, r. 28. Default of appearance inactions in 7'em, judge may pronounce for the claim, with or without a reference, and may order a sale with or without notice, or may make such order as is just, O. 13, r. 13. Defence, delivery of; see Defence. 1)4 Admiralty Action ^coHtinHcd). Defence forms iu apiuiulix D. when applicable shall be used, O. 19, r. '). Bottomry ... ... D. sec. 3, No. ^. Equipment and necessaries ... ... .. „ 4. Possession ... ... ... ... „ „ o. Salvage ... ... ... ... „ „ 0. Evidence may be given by affidavit in default actions in rem and on references, 0. 37, r. 2. Instruments prepared in the registry shall be issued on notice, and bear date when issued, O. 67, r. 10. Service of; see Services ivfra. Interveners, appearance of and affidavit b}-, O. 12, r. 24. Minute book shall be kept, 0. 66, r. 9. Minute on filing instrument or document, O. 66, r. 8. Notice of motion with the affidavits shall be filed three days before the motion, unless by leave ; and a copy of the notice and affidavits shall be served before the originals are filed, O. 52, r. 10. Payment into court shall be to the account of " The Admiralt}- Registrar " at the Bank of England (Law Courts Branch) O. 22, r. 19. Payment out shall only be by order, 0. 22, r. 20. Solicitor may enter caveat in " Caveat Payment Book," O. 22, r. 21. Possession, writ of, form H. 9. Preliminary acts shall be filed in collision actions before any pleadings are delivered, O. 19, r. 28. Contents and opening of, 0. 19, r. 28. References, in, O. 56 shall apply, whether reference be to regis- trar alone or to registrar and merchants, 0. 56, r. 1. Claim and affidavits shall be filed within twelve days from the order of reference, 0. 5Q, r. 2. Counter affidavits shall be filed within twelve days from the claim and affidavits, O. 56, r. 2. Further affidavits shall be filed in six days from the counter affidavits, unless by leave, O. 56, r. 3. Costs of the reference may be dealt with by the registrai- in the report, O. 50, r. 8. 95. Admiralty Action {continued). Costs of shorthand writer shall be borne in the first instance by party applying therefor, O. 56, r. 6. Evidence may be given by affidavit, O. 37, r. 2. Hearing, notice to place reference on list for, shall be filed by claimant within three days from the time allowed for filing the last affidavits, O. 56, r. 4. In default, adverse solicitor may apply to have the claiin dismissed with costs, 0. 56, r. 4. Hearing may be proceeded with if either solicitor be present at the time appointed, or registrar may adjourn as he deems proper, 0. bQ, v. 5. Counsel may attend, but the expense thereof shall not be allowed, unless necessary, 0.56, r. 7. Evidence may be given by witnesses, O. 56, r. 6. Shorthand writer may be sworn and take down the evidence, O. 56, r. 6. Costs shall be borne in the first instance by the party appl}dng for the shorthand writer, 0. 56, r. 6. Heport shall be taken up by claimant's solicitor within six days after he has received notice that same ready, O. 56, r. 9. In default, adverse solicitor may take same up, or apply to dismiss claim, O. 56, r. 10, Registrar may deal with the costs of the reference in the report, 0. 56, r. 8. Report, notice of objection shall be filed and served within six days from filing of i^eport, 0. 56, r. 11. Petition in objection, shall be filed within twelve days further, 0. 56, r. 11. Rules as to pleadings, proofs and printing, shall apply to proceedings on objection to report, O. bi!), r. 12. Transcript of shorthand writer's notes certified by him to be correct shall be admitted to prove the oral evidence of the witnesses, 0. bQ, r. 6. Releases in : — Cargo arrested for freight onl}', may be released by filing Admiralty Action {continued). affidavit of value and paying ainonnt into registry, or proving payment, O. 29, r. 4. Caveat release book, entry shall be made in, on tiling notice, O. 29, r. 8. Party entering this caveat is liable to costs and damages unless he can show good reason for so doing, O. 29, r. 10. Prcecipe for caveat release ... A., part II., No. 17. To withdraw caveat ... „ „ 19. Caveat warrant book, entry may be made in, by party- desiring to ])revent arrest, O. 29, r. 11. Notice, and undertaking to appear and give bail, O. 29, r. 12. Prcucipe for cavL'at warrant ... A., part II., No. 18. To withdraw caveat ... „ „ 19. Warrant may issue notwithstanding caveat, but the party arresting shall be liable to have thewaxrant discharged, and to be condemned in costs and damages, O. 29, r. 18. District registry, in actions in, district registrar shall ascertain from principal registry whether there is a caveat release before he releases property, O. 29, r. 9. So also as to caveat warrants, O. 29, r. 18. Prcecijf^e for release ... ... A., part II., No. 15, To withdraw ca\'eat ... „ „ 1 9. Release, property arrested shall only be released by a, O. 29, r. 1. Bail bond filed for, or payment into registry of, amount of action, entitles solicitor to a relea,se, unless there be a caveat, 0. 29, r. 6. Form of release ... ... A., part IL, No. 10. Solicitor arresting may withdraw warrant, O. 29, r. 2. Desiring release may pay amount of action into the registry, O. 29, r. 3. Taking out release shall leave same in the registry, and pay all costs, charges and expenses attending arrest, O. 29, r. 7. Salvage, in action of, value of property under arrest AmA) 97 -Admiralty Action {continued). be agreed, or an affidavit of value filed, before the property is released, unless otherwise ordered, O. 29, rr. 5, 6. Writ of summons commencing action shall be forthwith, served on party entering caveat warrant, 0. 29, r. 14. Bail shall be given by party so served within three days or amount paid into registry, 0. 29, r. 15. Upon default, after twelve days from entry of caveat warrant, plaintiff may proceed with the actioa in default, and file his proofs and set down the hearing, 0. 29, r. 16. Upon hearing, judgment for plaintiff may be enforced by attachment of the party entering the caveat and arrest of the property, O. 29, r. 17. Reply shall be delivered in six days, O. 23, r. 1. And see Reply. Rules and orders shall continue in force, except so far as they are expressly varied, until altered or annulled, §§ 18. Repeal of rules of 1859 and 1871 ; paragraph preceding- O. 1, and appendix O. Rules as to collisions between ships, where both to blame, in force in Admiralty Court and at variance with, common law rules, shall prevail, § 25 (9). 'Sales in : — Commission for appraisement or sale shall be executed by the marshal, unless otherwise ordered, 0. 51, r. 14, Form of commission, H. 16. Proceeds shall be paid into court by the marshal, O. 51 r. 15. Sale accounts and vouchers shall be brought into registry by the marshal for taxation, O. 51, r. 15. Taxation of marshal's account, any person interested may be heard upon the, 0. 51, r. 16. Objections shall be heard in the same manner as objections to solicitors' costs, 0. 51, r. 16. Salvage, notice of intention to appeal from award of justices shall be given to justices within ten days of award, O.l^ r. 5. H 98 Admiralty Action {continued). Notice of motion to appeal shall be given to opposite- party within twenty'days of award, 0. 59, r. 5. Affidavit of service of these notices, with copies thereof, shall be filed, 0. 59, r. 6. Printed copies of the pleadings and evidence in the court appealed from shall be filed within ten days from the filing of the proceedings and award, where the appeal is to be heard without further pleadings and evidence, 0. 59, r. 6. In default, respondent may apply to dismiss the appeal with costs, 0. 59, r. 6. Services : — Instnmients shall be served within twelve months from their date, O. 67, r. 11. To be served by the marshal shall be left with a notice in the registry, 0. 67, r. 13. No instrument, except a warrant, shall be served on Sunday, Good Friday or Christmas day, 0. 67, r. 12. PrcEcipe for service by the marshal of any instrument in rem other than a warrant, A., part I., No. 16. Services by marshal, shall be verified by his certificate, O. 67, r. 14. By solicitor shall be verified by affidavit, 0. 67, r. 14. Statement of claim ; see Claim, supra. Suits in rem or in personam shall be called actions, 0. 1, r. 1. Trial may be accelerated, and notice of trial may be dis- pensed with, or it and the times for pleadings abridged^ O. 64, r. 9. Warrant of arrest, form, A. part 1, No. 17. Affidavit to lead, O. 5, rr. 16, 17. Filed, warrant shall be, within six days of service, 0. 9, r. 11. Forms : — Possession ... ... A., part I., No. 14. Restraint ... ... „ „ 13. PrcEcipe for warrant ... ... „ „ 15. Served, shall be, by the marshal, 0. 9, r. 11. Mode of service, O. 9, r. 12. Where cargo landed or transhipped, 0. 9, r. 13, 99 Admiralty Action {continued). Writ of summons : — Form shall be A., part I, No. 11 with any requisite variation, O. 2, r. 7. In D. K, form A., part I., No. 12 shall be used with any requisite variation, O. 2, r. 7. Indorsement of claim on, may be to the effect of the following forms, or such other similarly concise form as the case may require, 0. 3, r. 3. Bottomry ... A., part III., sec. 6, No. 9. Cargo, damage to ... 3. Collision, damage to cargo 2. 55 55 ship 1. Mortgage ... a Necessaries ... 55 15. Part owner . . . 55 » 6,10. Possession . . . 55 4, 5, 7, 11. Salvage ,, 12. Towage 55 13. Wages 55 14. Service on ship, freight, or cargo, 0. 9, r. 12. On cargo landed or transhipped, 0. 9, rr. 13, 14. Admiralty Court — See Probate, Divorce and Admiralty Division. Admiralty Division — See Probate, Divorce and Admiralty Division. Adm.issions — Defence arising after action, confession of (Form B. 2) and judgment for costs, O. 24, r. 3, Evidence, admissions of, whereon any order is made shall be filed in the central office, 0. 61, r. 31. Judgment on admissions may be applied for, at any stage, and without waiting for the determination of other questions 0. 32, r. 6. JnrJgment or order wherein written admissions are entered as H 2 100 Admissions (continued). read, shall not be passed until Bsme have been filed, O. 61, r. 15. Written admissions shall be transmitted to central office to be there filed, O. 61, r. 31. Notice by party's pleading, or otherwise in writing, of admis- sion of whole or part of opponent's case, O. 32, r. 1. Notice to admit documents, O. 32, r. 2. Form shall be B, 11 ; 0. 32, r. 3. Affidavit of signature of admissions, 0. 32, r. 7. Costs of proof where admission refused and no certificate of reasonable refusal given, or where notice to admit not given, O. 82, r. 2. Where unnecessary documents are included, costs shall be borne by party giving notice, O. 32, r. 9. Notice to admit facts may be given not later than nine days before day for which notice of trial is given, O. 32, r. 4. Form shall be B. 12, with any requisite variation, O. 32, r. 5. Admissions made thereunder should be made within six days and shall be deemed to be made only for the particular cause, matter or issue, O. 32, r. 4. Form shall be B. 13, vdth any requisite variation, 0. 32, r. 5. Withdrawn, or amended, may be on terms, 0. 32, r. 4. Costs of admissions, special allowance may be made in respect of, 0. 65, r. 27, r. 1. Costs of proof where admission not made \vithin six days, and no certificate of reasonable refusal given, shall be borne by party refusing, unless otherwise ordered 0. 32, r. 4. Offer to make, may affect decision on opponent's applica- tion to interrogate, O. 31, r. 2. Pleadings, facts not denied in, shall be taken as admitted, except against infants and lunatics, O. 19, r. 13. Costs, where facts are not admitted which ought to have been admitted, 0. 21, r. 9. Party may apply by motion for any order to which admissions entitle him, 0. 32, r. 6. 101 Advertisements for Creditors, and Proof of ClainiB— Advertisement, only one, shall be issued, unless for special reason and may be repeated as many times as may be directed, O. 55 r. 45. Approved, shall be, by chief clerk, 0. 55, r. 46. Form shall be, L. 2 or 3, with any requisite variation, 0. 55, r. 47. For claimants not being creditors, L. 2. For creditors, L. 8. Prepared, shall be, by party prosecuting the judgment or order, O. 55, r. 46. Signature of chief clerk shall be an authority to the printer of the Gazette to insert same, O. 55, r. 46. Times to prove and send in claims and for adjudication shall be fixed, 0. 55, r. 47. Claimants who do not come in and prove their claims within the time fixed by the advertisement shall be excluded O. 55, r. 44. Filing affidavits need not take office copies, 0. 55, r. 48. May apply by summons to let in claim after time fixed by the advertisement, 0. 55, r. 57. Claims shall be examined by the executor or administrator, or person directed by the judge, O. 55, r. 52. Affidavit and list of claims shall be filed by him seven clear. days before day appointed for adjudication, 0. 55, r. 52. Affidavit, form of, shall be L. 5 ; 0. 55, r. 52. List of claims, form of, shall be L. 6 ; 0. 55, r. 52. Making of affidavit, may be postponed by direction of judge, O. 55, r. 53. Shall not be received after the time fixed by the advertisement, 0. 55, r. 57. Creditor, a, need not make any affidavit nor attend to support his claim unless required by notice, 0. 55, r. 49. But must produce his security (if any) on the adjudica- tion, O. 55, rr. 49, 50. Costs of establishing debt shall be allowed, and fixed by the judge or taxed, and added to the debt, 0. 55, r. 58. 102 Advertisements for Creditors, and Proof of Claims — {continued). Notice to produce deeds, etc. may be given (in form L. 4), O. 55, r. 50. Neglect to comply with notice disentitles party to costs, unless otherwise directed, 0. 55, r. 51. Served, may be, by post, 0. 55, r. 61. Debts, list of, allowed, L. 17. Hearing, adjournment of, where any claims undisposed of, O. 55, r. 54. Or not allowed, O. 55, r. 55. Claims may be allowed mthout proof, or an investigation directed, or further particulars required, or creditor may be required to attend and prove, 0. 55, r. 55. Costs of establishing debt shall be allowed, and fixed by the judge or taxed, and added to the debt, 0. 55, r. 58. Executor or administrator shall alone appear on claims, unless otherwise directed, O. 16, r. 47. Further evidence, time may be named Avithin which it is to be closed, and directions given as to mode in which it is to be adduced, 0. 55, r. 54. Notice to creditor of allowance of claim (L. 7) shall be given, O. 55, r. 56. May be served by post, 0. 55, r. 61. Notice to creditor to attend and prove claim (L. 8) within seven days shall, if directed, be given, 0. 55, r. 56. May be served by post, O. 55, r. 61, In default claim shall be disallowed, 0. 55, r. 56. Interest shall be computed on such debts as carry interest, at the rate they carry, and on all others at 4 per cent from the judgment or order, O. 55, r. 62. Debts not carrying interest shall not be entitled to interest until after costs of the cause and the debts (and interest) are satisfied, 0. 55, r. 63. Legacies unpaid, list of, L. 18. List of claims allowed shall, when required by the judge , be made out and left in chambers, O. 55, r. 59. loa Advertisements for Creditors, and Proof of Claims— [continued). Particulars of claim, account and security to be sent by claimant, O. 55, r. 47. Payment by paymaster general, notice that cheques receivable shall be given by the party prosecuting the judgment or order, O. 55, r. 60. Form of notice L., 9 ; O. 55, r. 60. Judgment or order and necessary papers shall be produced by the party prosecuting, O. 55, r. 60. Summons to let in claim after time fixed by the advertise- ment, 55, r. 57. Terms may be imposed, O. 55, r. 57. Jlffidavit— A. Generally; B. In speciHc cases ; C. Affidavit Evidence on Trial AJJjfenerally. Alterations must be initialled by the commissioner, O. 38, r. 12. Contents, shall be confined to facts, except on interlocu- tory motions when statements of belief, vnth grounds, thereof, may be admitted, 0. 38, r. 3. Copy shall be furnished to the other side, O. 66, r. 7. (. Chose in action, power of assignee to sue in his own name, § 25 (6). And see Assignment. Assignment- Action shall not become defective by the assignment of any estate or title pendente lite, O. 17, r. 1. May be continued by or against the person to or upon whom same has come or devolved, O. 17, r. 3. And see Joinder of Parties, C. Causes and matters; see Assignment of Causes and Matters. Chose in action, assignment of, \vith notice in writing to debtor, shall be effectual in law ; but debtor may inter- plead or pay debt into court, if assignment disputed, § 25(G). New assignment in pleading abolished, 0. 23, r. 6. Everything formerly alleged by way of new assignment may be by amendment, or by reply, O. 23, r. 6. Assignment of Causes and Matters- Causes and matters, Avhat are specially assigned to each. division of the H. C, § 34. Within the non-exclusive cognizance of the Admiralty Court may be assigned to any division, subject to the power of transfer, O. 5, r. 5. Chancery Division, causes and matters in, shall no longer be marked at the plaintiff's option, but shall be assigned by the officer to the judge in rotation, O. 5, r. 9. By marking the writ, originating summons, notice of motion, or petition (as the case may be) O. 5, r. 9. 129 ^A-ssignment of Causes and Matters {continued). Subsequent writs, etc. relating to the same administration. or "winding up shall be marked for the same judge, and the party presenting such writ, etc., shall, if he have knowledge, certify thereon, 0. 5, r. 9 (e). Form of certificate shall be A. part I. 'No. 19, Avith any requisite variation, O. 5, r. 9 (e). Transfer of subsequent originating summonses to the judge to whom the first summons is assigned, O. 55, r. 11. Transfer of causes, etc., pending in another division to court in which administration or winding up is proceeding, O. 49, r. 5. Queen's Bench Division, actions in, shall be assigned to one of the masters, O. 5, r. 6. Application shall be marked by the master mth his name and cause shall thereupon become assigned to him, O. 54, r. 17. Applications shall be heard by master to whom action. assigned, O. 5, r. 6. Documents and proceedings shall be marked with the name of the master, O. 5, r. 6. Illness or absence of master, or during vacancy or vacation, any other master may hear and dispose uf any application, O. 5, r. 8. Taxation of costs shall be by master to whom action as- signed, O. 5, r. 6. Transfer of actions from one master to another by L.C.J., O. 5, r. 7. Assistance of Experts- See Experts. Assizes- Certificate of findings of fact and directions as to judgraer trial at assizes, O. 36, r. 41. Commissioners, appointment and jurisdiction of, § 29. Who may be and who is liable to be, § 1], § 37, ^^ 130 Assizes (continued). Court shall be deemed a court of the High Court, § 29. Transfer of jurisdiction to High Court, § 16. Definition of expression " assizes," §§ 23. Durham, in, commissions of assize may be issued as in an} other county, § 99. Entry in D.R of causes for trial at assizes, 0. 3G, r. 22. Lancashire, in, commissions of assize may be issued as in any other county, § 99. Marshal attending commissioners, office of, not interfered with by Act, § 77. Notice of trial at assizes, O. 36, r. 18. Patronage of judges going circuit not affected by Act, § 93. Power of H.M. in council to make regulations as to the discon- tinuance and formation of circuits, and the places and days appointed for holding assizes, §§ 23. Power to send questions and issues for trial at assizes, § 29. O. 36, r. 44. Saving clause as to § 93. Associate — Abolition of office of associate, :J: 14. Office of master substituted, and all enactments to be construed accordingly, 0. 60, r. 3. Attached to same division, O. 60, r. 1. Authority of presidents over, § 84. Certificate of associate, a sufficient authority to the proper officer to enter judgment, O. 36, r. 42. Form of certificate shall be B. 17, 0. 36, r. 42. Department of central office for transaction of business of the associates, 0. 61, r. 1. Entry of causes for trial at assizes, O. 36, r. 22. J'indings of fact at the trial and directions of the judge as to judgment, and his certificates, shall be entered in a book by the associate, O. 36, r. 41. Note shall be made of the times at which trials commence and terminate for communication to taxing officer, 0. 36, r. 4C Transferred to Supreme Court, § 77. 131 Attachment- Effect of, shall be the same as heretofore, O. 44, r. 1. Judgments, what, may be enforced by, 0. 42, rr. 4, 6, 7. Judgments or orders against corporations, O. 42, r. 31. Leave to issue, and notice of application for leave, necessary, O. 44, r. 2. Notice of motion shall state grounds, and copy affidavit shall be served therewith, O. 52, r. 4. Order for discovery may be enforced by, O. 31, r. 21. Order to show cause and rule nisi for, abolished, O. 52, r. 2. Proecipe for, G. 10. Referee has no power to enforce orders by attachment, 0. 36, r. 51. Service, original order must be shown, O. 67 r. 1. Sheriff shall bring in the body upon notice, without any order, O. 52, r. 11. Solicitor liable to, for failing to appear, or to put in bail in admiralty action pursuant to his undertaking, O. 12, r. 18. So also if he fail to give his client notice of an order for discovery or inspection, O. 31, r. 23. Writ, form of, H. 12. Attachment of Debts- Application may be made ex-parte on affidavit, 0. 45, r. 1. Form of affidavit, B. 25. Costs shall be in the discretion of the court or judge, 0. 45, r. 9. On barring claim of third person, 0. 45, r. 6. Debt attachment book shall be kept by the proper officer, O. 45, r. 8. Debts bound from service of order nisi, 0. 45, r. 2. Discharge of garnishee, O. 45, r. 7. Execution against garnishee, O. 45, r. 3. Shall be a valid discharge to garnishee, 0. 45, r. 7. Garnishee may dispute his liability, 0. 45, r. 4. Hearing of order nisi, 0. 45, rr. 3, 4, 5, 6. Issues and questions may be ordered to be tried, 0. 45, rr. 4, 6. Oral examination of debtor, and production of books and docu- ments, 0. 42, r. 32. K 2 132 Attachment of Debts {continued). Fomi of order, K. 38. Order nisi for attachment of debts, 0. 45, r. 1. Form of order, K. 39. Service thereof shall bind debts, 0. 4.5, r. 2. Order absolute, K. 40. Payment into court by garnishee, 45, r. 3. Payment by garnishee under garnishee proceeding, shall be a valid discharge to him, 0. 45, r. 7. Third persons may be summoned, 0. 45, r, 5. Proceedings thereon, 0. 45, r. 6. Attorney — See Solicitor. Audita querela — Abolition of, and substitution of application for stay of execu- tion, 0. 42, r. 27. Authority to Sue- Next fiiend's authority to solicitor shall be signed and filed before his name is used, 0. 16, r. 20. Solicitor shall on demand state whether writ was issued by him or with his authority or privity, 0. 7, r. 1. Award — See Arbitration. Bankers' Books- Inspection of, may be given ^t their usual place of custody, O. 31, r. 17. 133 Bankruptcy — Abate, action shall not, by reason of, 0. 17, r. 1. Trustee may be joined, 0. 17, r, 2. Action, claims by trustee in bankruptcy shall not, unless by leave, be joined with other claims, O. 18, r. 3. Appeal to C.A. in respect of any matter in bankruptcy shall be brought within twenty-one days, O. 58, r. 9. Defence of bankruptcy, form of, D. sec. 4. Law of bankruptcy applied to administration actions and the winding up of companies, §§10. London Court of Bankruptcy shall not be united >vith the Supreme Court, §§ 9. Appeal from, shall lie to the Court of Appeal, § 18, §§ 9. Chief judge in bankruptcy, who shall fill the office of, §§ 9. Rules in force at commencement of Act relating to appeals except so far as expressly varied thereby, shall remain in force until altered or annulled, §§ 18. Trustees' right to sue shall be denied specifically, 0. 21, r. 5. Unclaimed dividends, any court having jurisdiction in bank- ruptcy may order payment of, to person entitled, though same vested in the crown by lapse of time, §§ 32. Bill of Exceptions- See Exceptions. Bills of Exchange- Defences, forms of, D. sec. 4. Parties severally, or jointly and severally, liable, may be joined in one action, O. 16, r. 6. Pleading ; a defence in denial must deny some matter of fact, O. 21, r. 2. Statements of claim and special indorsments on writ of summons, forms of :— Indorsee v. acceptor, ... ... C. sec. 4, No. 4. „ „ and drawer ... „ „ 5. Payee v. drawer, excusing notice ... „ „ 6. Writs of summons shall not be issued under the Bills of Exchange Act, O. 2, r. 6. 184 Bills of E2.change {continued). ludorsements of claim where ^v^it of summons not specially endorsed ... A, part III. sec. 2, Nos 46, 48. Accommodation bill „ „ „ 37. Special indorsements ; see Statements of Claim, sru^a. Bill of Lading- Pleadings, forms of : — Claim, statement of ... C. sec. 5, Nos. 4, 5. Defence ... ... ... ... D- sec. 5. Bills of Sale- Abstract of, form of, to be sent to county court registrar, R. Dec. 1882, r. 1. Dated, shall be, ih. r. 2. Filed, shall be, ih. r. 3. Index of, ih. r. 4. Inspection, ih. r. 5. Numbered, shall be, ih. r. 3. Oflfice, copy of, ih. r. 6. Search for, ih. r. 5. Affidavit on registering, form of, B. 24. Department of central office for registering, 0. 61, r. 1. Masters, the, shall be the registrar under the Bills of Sale Act, 0. 61, r. 25. Sale may be ordered of goods seized in execution and claimed under a bill of sale, O. 57, r. 12. Satisfaction may be entered on consent or registrar's order, 0. 61, rr. 26, 27. Form of summons to enter satisfaction, K. 58. Search by registrar and certificate of result, O. 61, r. 23. Bond- Action on a, under 8 and 9 Will. III., c. 11, on default of ap- pearance, no statement of claim, but suggestion of breaches, shall be delivered, O. 13, r. 14. 135 3oild (continued). Payment into court shall be to particular breaches only, 0. 22, r. 1. Arrest under the Debtors' Act, bond to be given on, 0. 69, r. 3, Pleadings, forms of, in action on a bond : — Claim, statement of, obligee v. obligor. . . C. sec. 4, No. 7. Defence ... ... ... ... D, sec. 4. Security for costs by ; see Secueity for Costs. Writ of summons, special indorsement on, C. sec. 4, No. 7 Indorsement of claim where no special indorsement, A. part III. sec. 2, No. 43. Books — Inspection of, in constant use in trade or business may be given at their usual place of custody, 0. 31, r. 17. Bottomry — Fonn of statement of claim, C. sec. 3, No. 3. Production of bond before warrant of arrest can issue, 0, 5, r. 16 (c). May be waived, 0. 5, r. 17. breach of Promise- Pleadings, forms of : — Claim, statement of, ... ... C. sec. 5. No. 10. Defence ... ... . . , ... D. sec. 5. Trial by jury, right of either party to a, 0. 36, r. 2. Writ of summons, form of indorsement of claim on, A. part III, sec. 4, No. 47. BuBinoss— Chambers ; see CHAMBERS. Distribution of, amongst divisions of the High Court, § 33, 34. Option of plaintiff to choose in certain diviaons, ^ 11, 0. 5, r. 5. Pending business, transfer of, § 22. Admiralty, chancery, divorce, and probate suits, § 42. Transfer ; see that title. 136 c Cancellation — Actions for, of deeds or instruments assigned to Ch. Div. § 34^ Form of indorsement on Avrit, A. part III., sec. 1, No. 8, Carriers, Actions against— Pleadings, forms of : — Claim, statement of, negligence ... C. sec. 5, No. 7. Damage to goods by sea ... • • • „ » 4. „ „ and short delivery „ „ 5. Lord Campbell's Act ... C. sec. 6, No. 4. Defence ... ... ... ... D. sec. 5. "Writs of summons, indorsements of claim on : — Carriage of goods by railway, A. part III. sec. 4, No. 19. „ sea ... „ „ „ ZU. Refusal to carry goods ... „ „ „ 17. „ „ plaintiff ... „ „ „ 18 Cause — See Action — Joinder of Causes of Action — Writ of Summons. Cause Book— Appearances shall be entered in the, O. 12, r. 14. Cause or matter " abated " shall be so certified by the solicitor to the officer, O. 17, r. 9. After one year shall be struck out, O. 17, r. 10. Cause book, how kept, O. 5, r. 13. Certificate, date of every, shall be entered in the, O. 61, r. 20 Judgment and order, date of every, shall be entered in the, 0. 61, r. 20. Entry of judgments and orders in Ch. Div, shall contain 137 Cause Book {continued). a reference to the date and folio of the registrar's book, 0. 61, r. 21. Writs of summons shall be entered in, O. 5, r. 13. Causes, Assignment of— See Assignment of Causes and Matters. Central Criminal Court — Power of fixing sessions, vested in four judges of H. C. |j 18. Central Office- Affidavits, what shall be filed in, 0. 38, r. 10. Shall not be taken out of, without an order, O. 61, r. 28. Appearance, London, shall be entered in, 0. 12, r. 2. Business of, :|: 12. Cause books ; see that title. Certificate of the dates and proceedings taken in every cause or matter shall, on request and payment of the usual fee, be given by the officer to any person, whether a party or not, O. 61, r. 24. Chancery registrars' indexes of entries, shall, when com- pleted, be transmitted to central office, and be accessible to the public on payment of the usual fee, 0. 62, r, 3. Chief clerk's certificates, petitions, admissions of evidence, and submissions to arbitration, made orders of court shall be filed in the, 0. 61, r. 31 ; and see 0. 55, r. 70. Office copies shall be ready within forty-eight hours after the same are bespoken, O. 61, r. 31. Classification of clerks of, J 13. Concentration and amalgamation of certain offices in, | 5. Copies, certificates and documents, if duly stamped, shall be received in evidence, O. 61, r. 7. Deeds, etc., deposited for safe custody, or any other purpose, shall be left in the, O. 61, r. 30. Directions may be given as to their production, O. 61, r. 30. 138 Central Office {continued) . Departments of, and distribution of business in, O. 61, r. 1. Enrolment of deeds in, O. 61, r. 9. Judgments and orders need not be enrolled, 0. Gl, r. 8. Entries shall be made in proper books, of the time when every certificate or document is delivered to be filed, and such books shall be accessible to the public on payment of the usual fee, O. 61, r. 18. Establishment of, % 4. Indexes or calendars shall be kept, and be accessible to the public on payment of the usual fee, O. 16, r. 17. Judgments of the Q. B. D., if entered in London, shall be entered in, 0. 41, r. 2. Masters of the Supreme Court, central office shall be con- trolled by, + 7. Attendance of one master to control and give directions, O. 61, r. 2. Attendance, daily, of three taxing masters, 0. 61, r. 3. Oaths, authority of masters, and of certain clerks to adminis- ter, O. 61, r. 5. Office hours, 0. 63, r. 9. Officer required to attend with any record, etc., at any court, etc., is entitled to a deposit to answer his fees, etc., and an undertaking to pay any further fees, etc., 0. 61, r. 29. Officers, right of appointment and removal of, X 9. Liability to perform each other's duties, J 12. Pleading or proceeding, date of filing every, shall be printed or written upon every, 0. 61, r. 16. Records shall not be taken out of, without an order, O. 61, r. 28. Seals of, O. 61, r. 6. Documents if duly stamped shall be received in evidence, 0. 61, r. 7. Transfer of certain officers to, \ 6. Vacations ; see that title. Writs of summons issued in London shall be issued out of, O. 5, r. 2. Year, letter and number of cause or matter, shall be written or stamped on the first page of every document, 0. 61, r. 19. 139 Certificate — Associate or master, to enter up judgment, 0. 36, r. 42. Form shall be B. 17 with any requisite variation, 0. 36, r. 42. Cause or matter, certificate of the dates and proceedings taken in every, shall on request and payment of the usual fee be given by the officer to any person, whether a party or not, 0. 61, r. 24. Assignment of cause or matter in Ch. Div., certificate of solicitor as to, O. 5, r. 9 (e). Form shall be A. part I., No. 19, with any requisite variation, ib. Chief clerks, certificates of; see Chief Clerks. Counsel, certificate for costs of attendance of, at chambers, O. 65, r. 27, reg. 16. Counsel, signature and certificate of, on appeal to the H. L., S. O. 2. Form ; Method of Procedure. Date of every, shall be entered in the cause book, O. 61, r. 20. Entry of, shall be made in books of central office, which shall be accessible to the public, 0. 61, r. 18. Search, certificate of, in registers at central office, O. 61, r. 28. Year, letter and number of cause or matter shall be written or stamped on the first page of every document, 0, 61, r. 19. Certiorari — Order for writ of, to issue to remove county court judgment, form of, K. 30. PrcBcipe for writ, G, 13. Writ of, to county court, form of, J. 9. General form, J. 10. Cestui que trust- Claim of, against trustee under an express trust shall not be barred by any statute of limitations, § 25 (2). One of several, may have judgment or order for execution of trusts without serving the others, 0. 16, r. 36. 140 Chambers— A. Generally ; B. Chancery Division ; G. Queen's Bench Di- vision; D. Probate, Divorce and Admiralty Division; E. District Registries. A. Generally. Accounts, alterations in, verified by affidavit, shall be initialled by the commissioner, O. 38, r. 22. Accounts, copies and papers left at chambers, shall be written on foolscap paper, bookwise, unless imprac- ticable, 0. 66, r. 2, Accounts, extracts from parish registers, etc., shall be exhibited and not annexed, O. 38, r. 23. Appeal shall not lie against orders by consent or as to costs, except by leave, § 49. Nor against discretionary orders as to costs where no motion to set aside or discharge same has been made, § 50. Applications not made ex-parte shall be made by sum- mons, O. 54, r. 1. Case or point, any, may be reserved for, or directed to be argued before, a divisional court, § 46. Costs occasioned by non attendance shall be in judge's discretion, who may direct pajrment by party or his solicitor before matter is reconsidered, O. 54, r. 6 ; and see O. 65, r. 27, reg. 13. Amount may be fixed and directed to be paid by absent party or his solicitor personally, 0, 54, r. 7. Costs, special allowance may be made in special cases, O. 65, r. 27, reg. 12. Party appearing where he is not interested, or when he ought not to attend, costs of shall not be allowed, O. 65, r. 27, reg. 23. Useless attendances or adjournments, 0. 65, r. 27, reg. 13. Counsel, certificate for attendance of, 0. 65, r, 27, reg. 16. Evidence, affidavits previously used in court may be used in chambers, 0. 38, r. 21. Exhibits shall be marked with the short title, O. 38, r. 24. 141 Chambers {continued). A. Generally {continued). Party not prepared vnth. proper, may be required to pay costs, O. 65, r. 27, reg. 13. Ex-parte applications need not be by summons, O. 54, r. 1. Judge or officer may require any, to be made by summons, O. 54, r. 2. Payment or transfer out of court, application for shall be by summons, O. 54, r. 2, Ex-parte, judge may proceed, if parties fail to attend summons, O. 54, r. 5. And matter shall not be reconsidered unless judge is satisfied that party failing to attend was not guilty of wilful default or negligence, O. 54, r. 6. Forms : — Bill of sale, entry of satisfaction on . . . K. 58. Chief clerk's summons to party or witness L. 1. Directions, summons for ... ... ... K. 3. . General form of summons ... ... ... K. 1. Originating summons ... ... ... L. 25. Jurisdiction and powers of judge sitting in chambers, § 39. Orders which need not be drawn-up, 0. 52, r. 14. Originating summons shall be served seven clear days before its return, O. 54, r. 4. Printed, summons need not be, 0. 19, r. 9. Several matters may be included in one application or summons, 0. 54, r. 9. Application may be adjourned from chambers into court, or from court into chambers, O. 54, r. 9. Summons for directions ; see that title. Summons shall be addressed to all persons on whom it is to be served, O. 54, r. 10. AjDplications not made exparte, shall be by, O. 54,r. 1. Affidavit of non-attendance shall not be required or allowed, O. 54, r. 5. Altered shall not be, except upon application at chambers, O. 54, r. 3 Form shall be K. 1, with any requisite variation, 0. 54, r. 10. 142 Chambers {continued). A. Generally {confinucd). Further consideration, 0. 54, rr. 5, 8. Further summons shall not be requisite but parties shall attend from time to time, O, 54, r. 8. Immediate return, summons can have a, by order, O. 54, r. 4. Party failing to attend, judge may proceed ex- parte, O. 54, r. 5. Matter shall not be reconsidered unless judge is satisfied that party failing to attend was not guilty of wilful default or negligence, 0.54, r. 6. Order may be made as to costs occasioned by non-attendance, O. 54, r. 6. Amount may be ordered to be paid by absent party or by his solicitor person- ally, O. 54, r. 7. Pauper, summons by ; see Paupers. Payment or transfer out of court, applications for, shall be by summons, O. 54, r. 2. Served shall be, two clear days before the return unless otherwise ordered, O. 54, r. 4. Evidence of service may be required, 0. 54, r. 5. Form of affidavit of service, B. 23. B. Chancery Division. Administration and execution of trusts ; see that title. Advertisements for creditors, etc., and proof of claims ; see that title. Affidavits intended to be used in chambers, notice' thereof shall be given, 0. 38. r. 20. Accounts, extracts from parish registers, etc., shall be exhibited and not annexed, 0. 38 r. 23. Alterations in accounts verified by affidavit, shall be marked by the commissioner, and not be made by erasure, O. 38, r. 22. Exhibits shall bear the short title, O. 38, r. 24. 143 Cham bers {continued). B. Chancery Division {continued). Previously read in eourt, may be used in chambers O. 38, r. 21. Attendances : interests may be classified and directions given as to what parties may attend, O. 55, r. 40. Other parties may attend at their own expense and on payment of costs, O. 55, r. 42. Liberty to attend proceedings, any party may apply by summons for, O. 55, r. 42. Order shall be drawn up stating what parties have liberty to attend, and what have attended at their own expense, O. 55, r. 43. Solicitor may be appointed to represent a class, and any party insisting on a separate solicitor shall bear his own costs and those of other parties occa- sioned by his separate representation, O. 55, r. 40. Parties may be ordered to be represented by a distinct solicitor, O. 55, r. 41. Business in chambers shall be carried on in conjunction with the court business, 0. 55 r. 1. What it shall consist of, O. 55, r. 2. Certificates of chief clerks ; see Chief Clerks. Chief clerks ; see that title. Conduct, any party may apply by summons for the, O. 55, r. 42. Conveyancing counsel ; see that title. Copies, abstracts, or extracts shall, if directed, be supplied, but not where originals can be brought in, unless otherwise directed, 0. 55, r. 37. Course of procedure shall ordinarily be the same as in court upon motions, O. 55, r. 37. Documents to be left in chambers by the party prosecu- ting the proceedings : — Certificate, copy of, of central office of entry to memorandum of service of a judgment or order, and of every appearance by a person served with notice to attend proceedings, O. 55, r. 31. 144 Chambers {continued). B. Chancery Division {continued). Judgment or order, copy of, certified to be a true copy, O. 55, r. 28. Note, stating names of the solicitors for all the parties, and for which each is concerned, 0. 55, r. 30. Registrar's note (where no order is drawn up) stating for what purpose matter is adjourned from court to chambers, O. 55, r. 29. Stating what directions given, where matter has been adjourned from chambers to court, O. 55, r. 29. Experts ; judge in chambers may obtain asssistanee of accountants, merchants, engineers, actuaries, and other scientific persons, and may act on the certifi- cate of any such person, O. 55, r. 19. Fees to experts shall be regulated by taxing officers, subject to appeal, 0. 65, r. 27. reg. 36. Forms in appendix L,, Nos. 11 to 24, shall be used, with any requisite variation, O. 65, r. 75. Abstract, affidavit verifying L. 23. Accounts, affidavit verifying, and answering inquiries ... ... ... ... L. 11. Account A therein referred to. . . ... L. 12. B „ „ L. 13. Deeds, affidavit verif3ing engrossments of. . . L. 24. List of annuities and arrears due ... ... L. 19. Apportionments among creditors or legatees ... ... ... ... L. 20. Debts allowed L. 17. Legacies remaining unpaid ... ... L. 1 8. Receiver's account ... ... ... ... L. 11. Recognizance ... ... ... ... L. 21. Report, affidavit verifying ... ... L. 22. Sale, ordinary conditions of. . . ... ... L. 1 5. Result, affidavit of L. 1 6. Further consideration ; see that title. Infants, proceedings relating to ; see Infants. 145 Chambers {continued). B. (Jhanccry Dlcinioyi {continued). Interest ; see that title. Note shall be kept of all proceedings, in chambers with proper dates and a short statement of the (pjestions or points decided, 0. 55, r. 73. Orders may be directed by the judge to be drawn up by the registrars, and entered as orders in court, O. 55, r. 74. Recognizances required to be given, shall be given to the two senior chief clerks of the judge to whom cause or matter is assigned, 0. 60 r. 4. Vacated, when directed to be, proper officer shall, upon notice, attend one of such chief clerks for the purpose, O. 60, r. 4, Registrars ; see Chancery Registrars. Sales by the court ; see Sales by the Court, B. Solicitor ; see Attendances supra. Summons book, entry to be made in, 0. 55, r. 38. List of each day's appointments shall be posted outside the doors of the chambers, 0. 55, r. 39. Matters shall, subject to special direction, be heard in the order in which they appear in the lists, 0. 55, r. 39. •Summons, chief clerk's, for attendance of parties, wit- nesses or others, shall be in form L. 1, with any- requisite variation, O. 55, r. 24, Summons, originating, shall be in form L 25, -wdth any requisite variation, O. 55, r. 20. Copy shall be filed at central office, 0. 55, r. 20. Day and hour of return shall be added after sealing and be marked with chief clerk's seal, 0. 55, r. 21. Parties served shall appear in central office and give notice thereof, 0. 55, r. 23. Prepared, shall be by applicant and sealed in C3ntral office, O. 55, r. 20. Served, seven clear days before the return, 0. 54, r. 4. Where not so served, indorsement mny be made and new time appointed, a: d hearinri: Jtii Chombers (eonthmcd). II. Ci'idnccii/ Division (continued j. adjourned as to parties previousi) >ri\i> . O. 5.5, r. 22. And see Administration and Execution ni Trusts. Summons to proceed : — Brought into chambers, the judgment or order- shall be, by the party prosecuting, Avithin ten days after same passed and entered, 0. 55, r. 32. In default any other party may bring same in and shall have the prosecution thereof unless otherwise ordered, 0. 55, r. 32. Deed, bringing in for settlement, and delivering co])y. and objecting thereto within eight days, O. 55. r. 34. Issued, shall be, upon the judgment or order being brought into chambers, 0. 55, r. 33. Hearing, upon the, the judge shall be satisfied that all necessary parties have been served with notice of the judgment or order, 0. 55, r. 33. Directions shall then be given as to prosecuting the accounts and inquiries, the evidence, the parties to attend, and the time within which each proceeding is to be taken, O. 55. r. 33. May afterwards be varied or added to. O. 55, r. 33. Service of the notice of judgment or order may bo dispensed with, or substituted ."service ordered, O. 55, r. 35. Advertisements may issue, and accounts may be- left, although all parties not served, but other proceedings shall not be taken until all necessar}' parties have been served, or service has been dispensed with, 0. 55, r. 36. Transmission of papers from chief clerk's chambers t<> taxing master's office, 0. 05, r. 20. 147 Chambers {continued). B. Chancery Division icontbmecl). Memorandum of transmission and return, O. ^o, r. 21. Vacations ; see that title. And see Chambers, A. Generally, supra. G. Queen's Bench Division. Application shall be by summons, O. 54, r. 1. Marked, shall be, with name of master to whom cause or matter assigned, 0. 54, r. 17; O. 5, r. 6. Vacancy, vacation, illness, or other cause, application may be heard by some other master, O. 5, r. 8. Appeal from master to judge, O. 54, r. 21. Appeal shall be by indorsement of summons, or notice to attend judge within four days after decision complained of, or such further time as allowed by judge or master, O. 54, r. 21. Case or point may be reserved by judge for court, §46. Master ma}^ refer matters to a judge, 0. 54, r. 20. Judge^ may dispose of, or refer back, same, 6. 54, r. 20. Stay of proceedings, appeal shall not be, unless so ordered, 0. 54, r. 22. Appeal from judge shall be to a divisional court, O. 54, r. 23 ; 0. 59, r. 1 (/). Appeal shall be by motion, made within eight days after decision appealed against, or on first day on which court may sit, 0. 54, r. 24. Notice of motion shall be served two clear days before the day named for hearing, unless by special leave, 0. 52, r. 5. Debtor's Act, summonses under, shall be heard by a master, but if it be a case for committal he shall refer same to the judge, O. 54, r. 19. Juiisdiction of master in chambers, and matters excluded therefrom, O. 54, r. 12. Order shall be sealed and marked witli the name of the judge or master by whom made, 0. 54, r. 29. L 2 I4.S Chambers [conthuitdj. C. Queen's Beach Division {continued). Form shall be K. 2, >vitli any requisite variation, 0. 54, r. 29 ; and see Orders. Rota and attendance of masters ; see Masters. Summons, applications shall be by, 0. 54, r, 1 Copy shall be filed in central office, 0. 54, r. 1. Prepared, shall be by applicant, 0. 54, r. 1. Sealed, shall be, O. 54, r. 1. Heard, summonses shall be, in their order in the lists, O. 54, r. 28. Passed over, shall be, if neither party appears when first called on, 0. 54, r. 28. Struck out, shall be, if neither party appears when called on a second time, 0. 54, r. 28. Time, summonses for, shall be heard in priority, O. 54, r. 26. List, summons when issued, shall be entered in a, 0. 54, r. 27. Counsel summonses shall be distinguished, O. 54, r. 27. Masters' summonses shall be distinguished, O. 54, r. 27. Returnable, summonses for time shall be, at 10.80 a.m., 0. 54, r. 26. Other summonses at successive hours, com- mencing at 11 a.m., O. 54, r. 26. And see Chambers, A., Generally, supra. J). Probate, Divorce and Admiralty Division. Jurisdiction of registrar in chambers, and matters excluded therefrom, O. 54, r. 12. Summons, application shall be by, 0. 54, r. 1. Copy shall be filed in central office, 0. 54, r. 1. Admiralty summons, copy shall be filed in admiralty registry, O. 54, r. 1. Prepared, shall be by applicant, 0. 54, r. 1. Sealed, shall be, in central office, 0. 54, r. 1. 149 Chambers {continued). D. Pivhate, Divorce and Admiralty Division {continued). Admiralty summons shall be sealed in admiralty registry, 0. 54, r. 1. And see Chambers, A., Generally, supra. E. District Registries. Charging orders nisi, shall be applied for in, unless other- wise ordered, O. 35, r, 5, (e). Debtor summonses, O. 85, r. 4. Execution, applications for leave to issue or renew writs of, O. 35, r. 5, (h). Garnishee orders nisi and examinations of judgment debtors for garnishee purposes, O. 35, r. 5 (e). Jurisdiction of registrar in chambers, O, 35, r. 6. Matters excluded therefrom, O. 54, r. 12. Appeal to judge within six days, 0. 35, r. 9. Chancery, actions in, 0. 35, r. 12. Chancery, affidavits used in London shall be there filed, O. 35, r. 21 Consent to give jurisdiction shall not bar appeal, 0. 35 r. 9. No stay of proceedings unless so ordered, 0. 35, r. 10. Reference to judge, O. 35, r. 8. Chancery, actions in, O. 35, r. 12. Chancery, affidavits used in London shall be there filed, O. 35, r. 21. Chancellor, Lord, The— See Lord Chancellor, The. Chancellor of the Duchy of Lancaster- Appellate jurisdiction and powers of, transferred to C. A. § 1 S. Existing Queen's Counsel and officers, § 78. Saving clause as to office, position and functions, § 95. Chancellor of the Exchequer- Abolition of judicial functions, § 96. Saving clause as to position, duties and'salary, § 96. 150 Chancery Action and Matter — Accounts ; see that title. Action, suit shall be called, 0. 1, r. 1. Administration and execution of trusts ; see that title. Advertisements for creditors and proof of claims ; see that title. Assigned, what causes and matters shall be, to the Chancery- Division, § 34, viz : — Accounts, taking of. Administration of estates of deceased persons. Cancellation of written instruments. Charges, raising of, on land. Distribution of proceeds of property. Foreclosure. Incumbered property, sale of. Infants, wardship and care of estates of. Partition. Partnership. Portions, raising of. Rectification of written instruments. Redemption of mortgages. Sale of property subject to any lien or charge. Sale of real estates. Setting aside written instruments. Specific performance. Trusts, execution of. Assignment of cause or matter to particular judge, § 42. In rotation by officer issuing the writ, O. 5, r. 9. Chambers ; see that title. Default of appearance, action may proceed as if appearance entered, 0. 13, r. 12. Default of pleading, plaintiff may set down action on motion for judgment, O, 27, r. 11. Disposed of, action shall be, in the first instance before a single judge, § 42. Further consideration ; see that title. Information shall be instituted by an action, 0. 1, r. 1. Judicial opinion, advice or direction ; see that title. Orders, settling and passing; see Chancery Registrars. lol C. sec. 2, No. 4. j> „ i- 3> „ 2. >> " ^' !> -> •'^- 5) „ 13. „ 5> ''"• ;> 1—1 5) „ 6. ;> „ 5- )> „ «• ., 12. >j „ ^• )> „ 10. „ 14. dhancery Action and Matter Ccontinued). Pleadings, forms of, in actions for : — Accounts Administration of estate wilfnl default ,, )) " •Dissolution of partnership Foreclosure or sale Partition Raising portions Kectification of instruments Redemption Sale or foreclosure Subject to lien or charge ... Specific performance Trust, breach of „ execution of Wardship of infants Sales by the court ; see that title. ■Suits shall be called actions, O. 1, r. 1. Taxation, reference for, shall be to taxnig master m rotation, but where there has been a former taxation m same cause or matter, reference shall be to such master, O. 65, r. 18. . . • f Chief clerks' certificates, and request for transmission of papers from chief clerks' chambers to taxmg masters office,0. 65,r. 20. ,, r- -i Memorandum on transmission and return, U. Oo, r.^^i. Transfer of actions from other divisions to Chancery Division, in windhig up or administration cases, 0. 49, r. o. Order shall dii^ect to what judge action is assigned, 0. 51, r. 7. Trial at the assizes, or nisi prius, O. 3G, r. 44. _ Trial shall be before a judge without a jury, unless otherwise ordered, 0. 36, r. 3. AVrit of summons, indorsement of claims :— . >t i Administration by creditor A., part HI, sec. 1, .N o. 1. „ legatee „ » " Cancellation of deed ... „ » » Execution of trusts . . . „ i:.2 Chancery Action and Matter {cun'lnucil). Mortgagee ' ., i a t TIL. s "•. 1 , Xo. 4 Mortgagor ... ... ... „ „ ^^ 5 Partiiershi))... ... ... ,, ,, „ :{. Raising portions „ „ „ C.. Rectification of deed ... „ „ „ S.. Specific ])ertonnance ... ,. ,, ,. \) Chancery Division — Appeal from ; .^ee APPEAL, C. Appellate jiirisdiction of Court of Chancery, transferred t(i» Court of Appeal, § 18. But not county court ap])eals, § 34 (2). Assignment of action to particular judgo, § 42. In rotation by officer issuing the writ, O. 5, r. 9. Business, what, assigned to Chancery Division, § 34. Disposed of, shall be, in the first instance before a singk ■ judge, § 42. Chambers ; see that title. Chancery court, consolidation of, in tSupreme Court, § 3. Its jurisdiction transferred to H. C, § IG. Chief clerks ; see that title. Conveyancing counsel ; see that title. Division of H. C, Ch. Div. is a, § 31. Divisional courts for business of Ch. Div., § 43. Funds in the Ch. Div. shall be vested in the paymaster-general" and be subject to the Chancery Funds Act, 1S72, and t(». the i-ules, § 2. Interpretation of term court of chancery, § 100. Judges of" who shall be, § 31 ; and see High Court of JusTrcE^ May sit, when required in any divisional court., § 31. Number, deficiency in, how supplied, § 31 ; and see, %^^ ().. Transfer of judge to another division, § 31. Vacancy, how filh^d, § 31. Additional judge to re]jlace M. R. ^ 5. Officers, transfer of, to Ch. Div., 0. 60, r. 1 ; and see Ofkicehs, Pending business, transfer of, § 34, § 42. President ol Lord Chancelb^r shall be, § 31 (1>. Registrars ; see Chaxcerv Registrars. 153 Chancery Division {cont tuned). Repeal of consolidated orders, 1860, and other orders and regulations ; paragraph preceding 0. 1, and appendix 0. Chancery Funds Act, 1872 — Amendment of, §§ 30 ; § 7. Funds in Ch. Div. shall be subject to this Act, § 2. Orders for payment or transfer into or out of court shall be dra^vll up in conformity with rules under this Act, O. 02^ r. 16. Payments into and out of court and money in court shall in Ch. Div. be subject to rules under this Act, O. 22, r. 12. And see PAYMASTER GENERAL. Chancery Petition — Tender of £1 10s. for costs, with notice objecting to party's appearance in court, O. &b, r. 27, reg. 19. Chancery Registrars — Attend the judges of the Ch. Div., and the C. A. upon appeals from the Ch. Div., in rotation, 0. 62, r. 1. Bespeaking judgments or orders ; party shall leave his brief and such other documents as may be required, O. 62, r.4. Within seven days after judgment or order pronounced, O. 62, r. 5. In default registrar may decline to draw up the judgment or order without leave of the court or judge, O. 62, r. 6, Chamber orders may be directed to be drawn up by, O. o.5, r. 74. Delivering out the draft judgment or order, registrar shall at the same time deliver out an appointment to settle, O. 62, r. 7. Notice of such appointment shall be served one clear da \- before the time appointed, O. 62, r. 8. Served, may be, by post, 0. 62, r. 9. Ei^ti ltd, all judgments, orders, etc., shall be, within one clear day after same left for entry, O. 62, r. 2. 1 .',4 Chancery Registrars {coniinued). Entries shall be examined by the clerks, and be marked as examined, O. G2, r. 2, Indexes and calendars shall be made, and, when completed, transmitted to the central office and be accessible to the public on paAnnent of the usual fee, O. 62, r. 3. Lists, distinct, of the causes and matter's set down to be heard before each judge shall be kept, O. 02, r. 17. Note of times of commencement and termination of hearinsx or trial shall be made by, for communication to taxing- officer, O. 36, r. 40. Note to be given by, where any matter is adjourned from court to chambers, or directions given, 0. 55, r. 29. Order for accounts and inquiries, form of, L. 28. Passing the judgment or order, appointment shall be named on settling, or delivered out, and in the latter case shall be served in like manner as an apjjointment to settle, O. 62, r. 11. Served, may be, by post, O. 62, r. 9. Adjourn appointment, registrar may, 0. 62, r. 13. Failure of any party to attend, or to produce his briefs or documents, registrar may proceed not^^^thstanding, or may require the matter to be mentioned, O. (i., r. 12. ^ Registrar may, if he see fit, pass the judgment or order without any appointment or notice to any part}', 0. 62, r. 14. Special allowance for costs may be certified for in special cases or of unusual length or difficulty, O. 62, r. 15. And allowed by the taxing officer, 0. 65, r. 27. reg. 11. Pa^'master general; orders for the payment or transfer of money or securities into or out of coiu't shall be dra^vn up in conformit}' with , rules under the Chancery Funds Act, 1872, O. 62, r. 16 ; and see Paymaster General. Petitions shall be answered in the name of the senior registrar, O. 62, r. 18. Orders on petitions of course shall be di'awn up, passed, and entered, under the direction of the registrars, O. 62, r. 18. 155 Chancery Registrars {continued). Settling the judgment or order; notice of the appointment to settle shall be served one clear da}' before the time appointed, 0. 62, r. 8. Eegistrar shall satisfy himself that service duly- effected, 0. G2, r. 10. Served, notice may be, by post, 0. 62, r. 9. Both parties shall attend ai^pointment, and produce their briefs and other necessarj^ documents, 0. 62, r. 8. On default by either party, registrar may proceed notwithstanding, or may require the matter to be mentioned, 0. 62, r. 12. Registrar may adjourn the appointment, 0. 62, r. 13. May, if he see fit, settle the judgment or order with- out any appointment or notice to any party, O. 62, r. 14. Special allowance for costs may be certified for in special cases, or of unusual length or difficulty, O. 62, r. 15. And allowed by the taxing officer, O. Qb, r. 27, reg. 11 . Succession, saving of registrars' rights of, § 77. Change of Parties to Actions — See Parties to Actions. Change of Place of Trial — ' By application at chambers, 0. 36, r.l. Cliange of Solicitors — Notice shall be filed in the central office (or D. R.) and served, and, in chancery causes and matters, left in the judge's chambers, O. 7, r. 3. Order to change unnecessary, O. 7, r. 3. Charges on Land — Raising of portions or charges assigned to Ch. Div., § 34 (3). Form of statement of claim, C, sec. 2, No. 7. Sale of proceeds of land subject to charges, actions for, assigned to Ch. Div., § 34 (3). Ff rm of statement of claim, C, sec. 2, No. 8. Charging- Order for Solicitor's Costs — Foiin of order, K. 29. Charging Stock or Shares — Atficlavit, form of, shall l)e B. 27, O. 4G, r. 4. Address for service shall be appended, O. 46, r. 5. Altered, iiiay be, O. 4G, r. 7. Filed, shall be, in central office, O. 46, r. 4. Note, stating on whose behalf same filed shall be appended, O. 46, r. 5. Served, office copy of, shall be, Avith duplicate notice, O. 46, r. 4. " Company," inteqjretation of term, O. 46, r. 3. Description of stock in notice of charge, amendment of, 0.46, r. 11. Discharge of notice of charge, by order, 0. 46, r. 9. Force and effect, service shall have the same, as a di^i r'l injn-'^, O. 46, r. 8. Form of notice of charge shall be B, 22 ; 0, 40, r. 4. Duplicate, sealed by central office, shall be served with office copy affidavit, O. 46, r. 4. Notices may be served by post, directed to address for serxice, 0. 46, r. 6. Such service shall not be affected by subsequent alter- ation of address for service, 0. 46, r. 7. Order absolute charging stock maybe made by any divisional court or any judge, 0. 46, r. 1. But not by master in chambers, O. 54, r. 12 (/). Form of order, K. 28. Order Tiisi charging stock may be made by master, (). ."54, r. 12. District Registrar may also make order nisi, 0. .'Jo, r. .">. Form of order nisi, K. 27. Request by stockholder to transfer stock or pay dividends, effect of, O. 46, r. 10. " Stock," interpretation of term, O. 46, r. 3. Stojj order, costs, charges, and expenses occasioned by, may be ordered to be paid by the person obtaining the order, O. 46, r. 12. 157 Charging: Stock or Shares {continued). Petition or summons for, order must not be served on unaffected parties, O. 40, r. 13. Withdrawal of notice of charge, O. 40, r. 9. Writ of distringas, abolition of, O. 40, r. 2. Charitable Trusts — Jurisdiction as to, transfeiTed to Chancery Division, § 34. Charitable Trusts Act, 1853— Applications under sec. 28 shall be by summons, O. 55, r. 13. Fees payable on proceedings before judge in chambers, O. 05, r. 24. Where the matter is directed to be heard in court, O. 65, r. 25. (Orders shall not be subject to appeal where the gross amuial income of the charity does not exceed £100, unless by leave, O. 55, r. 14. Chief Clerks — A. Certificates of ; B. Poivers and Duties of. A. Certificates of Account shall not be set out but referred to, O. 55, r. OS. Additions, if any, shall be stated, O. 55, r. 08. Copy need not be taken, 0. 55, r. 08. Fair transcript may be made, O. 55, r. 08. Filed, or retained in chambers and subsequently filed, 0. 55, r. 08. Items shall be specified by numbers, 0. or), r. 08. Directions for or touching proceedings before chief clerk shall require no particular form, O. 55, r. 05. Discharged or varied, may be, by summons within eight days from filing (or two clear days in the case of certificates to be acted upon by the paymaster general, or on passing receivers' accounts) O. 55, r. 70. Under special circumstances judge ma}- direct certificate to be discharged or varied at any time, O. 55, r. 71. Unless discharged or varied, certificate si rail be l.")S Chief Clerks {coniiuucd). A. Cevtificates of (continued). deemed to be approved and adopted by the judge, O. 55, r. 05. Documents shall not be set out, but referred to, 0. 55 r. GG. Evidence shall not be set out, but referred to, 0. 55, r. 60. Filed, shall be, in central office, and thenceforth shall be binding, unless discharged or varied, O. 55, r. 70 ; 0. 61, r. 31. Form shall be L. 10, with any requisite variation, O. 55, r. 07. Concise, certificate shall be, 0. 55, r. 05. Further consideration, matter originating in chambers may after eight and within fourteen days from filing of certificate, be brought on for, by summons, by party having the conduct, and after such fourteen days by any other party, O. 55, r, 72. Form of summons, 0. 55, r. 72. Served shall be, six clear days before the return, O. 55, r. 72. Judge's opinion may be taken before the proceedings are concluded, without any fresh summons, 0. 55, r. 09. Judgment or order shall not be set out, but referred to, O. 55, r. 00. Office copies shall be ready within forty-eight hours from the bespeak, O. 01, r. 31. Kesult of proceedings shall be stated, O. 55, r. 65. Signed, shall be, by the chief clerk, O. 55, r. 67. Judge's signature unnecessary, O. 55, r. 65. Taxation, certificates of, for purposes of, 0. 05, r. 20. Transcribed, certificates shall be, when prepared and settled, 0. 55, r. 67. Transmitted, certificates shall be, by chief clerk to the central office, 0. 55, r. 70. B. Pmvers and Duties of. Acknowledgments, other than acknowledgments by married women, may be taken by, O. 55, r. 16. Advertisements may be issued by, O. 55, r. 16. Cliiei Clerks 'continued). B. Powers and Duties of {continued). Affidavits may be taken by, 0, 55, r. 16. Deponent liable to the consequences of perjury, O. 55, r. 17. Affirming, persons, liable to the consequences of perjury, O. 55, r. 17. Computation of interest, or apportionment of fund may be directed to be certified by, and acted upon by pajanaster general, or other person, O. 55, r. 18. Examine parties and witnesses, by interrogatories or vivd voce as and when dii'ected by the judge, 0. 55, r. 16. Party and witness liable to the consequences of perjury, 0. 55, r. 17. General administration, judgment or order for, shall not be made by, O. 55, r. 15. Judge may order what matters shall be heard and investigated by, O. 55, r. 15. Judge may give such aid as he thinks fit, 0. 55, r. 15. Opinion of judge may be taken before the pro- ceedings are concluded, O. 55, r. 69. Oaths may be administered by, O. 55, r. 16. Pai'ty liable to the consequences of perjurj^, O. 55, r. 17. Becognizances shall be given to the two senior chief clerks of the judge to whom the cause or matter is assigned, and shall be vacated by one of such chief clerks, O. 61, r. 4. Summon parties and witnesses, may, O. 55, r. 16. Disobedience amounts to contempt, O. 55, r. 17. Form of summons, L. 1. Chief Justice of England- See Lord Chief Justice of England, The. Chief Justice of the Common Pleas— Abolitioii of office of, order in council, 16th Dec. 1880. Chief Baron of the Exchequer- Abolition of of-lce of, order in council, 16th Dec. 1880. KiO Children — Scu Infants. Chose in Action — Absolute assignment of (not by way of charge only), witli notice in ^mting to debtor, shall be effectual in iau, §25(6). Debtor may interplead or pay debt into court, if assignment disputed, § 25 {(j). Power to give discharge shall pass to assignee, § 25 (0). Prior e(|uities not affected by assignment, § 25 (6). Christmas — Christmas Day excluded in computation of less than sLx ilays time, O. 64, r. 2. Holidays at, in offices of Supreme Court, O. 63, r. 6. Vacation commences 24th Dec. ends 6th January, O. (V-l r. 4. Both days inclusive, O. 63, r. 5. Circuit — See Assizes. Claim, Indorsement of— See Writ of Summons, C. Claim, Statement of— See Statement of Claim. Claims, Proof of, in Chancery — See Advertisements for Creditors and Proof of Claims, Close of Pleadings — By joinder of issue simply, O. 23, r. 5. By default in pleading, statements in last pleading deemtMl to be denied, and put in issue, O. 27, r. 13. Collision at Sea — Admiralty rules shall prevail, where both ships are to blauia § 25, (9). Preliminary act, O. 19, r. 28, Statement of claim, form of, C. sec. 6, No. 5. 161 Collision at Sea {continued). Writ of summons, forms of indorsement of claim on, A. part III, sec 6, Nos. 1, 2. ^Commencement — Rules of court, first paragraph preceding O. 1. Of December, 1882, R. Dec. 1882, r. 2. Supreme court of Judicature Act, § 2, §§ 2, Commission of Appraisement and Sale — Form of, in admiralty action, H. 16. Commission of Assize — See Assizes, Com.mission of Partition — Form of Prcecipe, G. 18. Com.mission to Examine Witness- Court may order examination by interrogatories or otherwise O. 37, r. 1. Form of (short) order for commission, K. 36. Form of (long) order for commission, K. 37. Prcecipe for commission, G. 17. Writ, oaths and direction of writ. J. 13. In P. D. and A. Div., J. 14. C5ommissioners for Ackno^wledgments by Married "Women — Power of appointment and removal of, vested in L. C. J., ^ 26. Commissioner to Administer Oaths — Accounts verified by affidavit, alterations in, shall be initialled by, O. 38, r. 22. Admiralty bail may be taken before, O. 12, r. 19. Affidavits sworn in England may be sworn before a, O. 38, r. 4. Appointment of, by Lord Chancellor, § Si. Bail shall not be taken by any, on behalf of any person for whom he or his partner is acting as sohcitor or agent, O. 12, r. 21. j(;2 Commissioner to Administer Oaths {cmittuuecl). Ct'i'tilicatus oil exhibits signed 1)y, shall be marked with th«- short title of the cause or matter, O. 38, r. 24. Chief clerks have power to administer oaths, 0. 55, r. 16. Clerks, first and second class, in filing and record depart- ment, have power to administer oaths, O. 61, r. 5. District registrars have power to administer oaths, § 62. Fees of commissioners, appendix N., title " Oaths and Exhibits." Illiterate j^ersons, how affidavits to be taken, 0. 3f. as a writ, O. 1(5, r. 48. Form of notice shall be, B. 1. ; 0. IG, r. 48. Served, shall be, with co])y writ or statement of claim, within time for defence, O. 16, r. 48. Notice of claim by defendant for contribution or indemnity against any other defendant may be issued, and proceed- ings taken, as if such defendant were a third party, 0. IG, r. 55. . Order to discharge, or vary order, form K. 14. Party served with third party notice and not appearing within eight days admits the validity of the judgment, and his own liability, O. 16, r. 49. Form of appearance. A., part II., No. 5. Leave to appear may be given, upon terms, after the eight days, O. 10, r. 49. Proceedings may be taken as may be ordered, 0. IG, r. 53. Relief, all, claimed by defendant against third party shall be granted, § 24 (3). And see Third Parties. "C/onversion of Goods — Pleadings, forms of: — Claim, statement of ... ... ... 0. sec. 6, No. 1. Defence ... ... ... ... . . . D. sec. 6. Writ of summons, form of indorsement of claim on, A. part III., sec. 4, No. 23. Oonveyancing Counsel — Business shall be distributed in rotation by registrar's clerk, O. 51, r. 9. Record of references, with index and dates shall be kept, O. 51, r. 10. Ruta shall be kept secret, 0. 51, r. 10. Expense of previous or subsequent settlement ol' drafts 1 y other counsel on behalf of same parties shall not be allowed, unle'^^s directed, O. 6-^, r. 22. 1(J8 Conveyancing Counsel {contimml). Fees shall be re;nulate(l hy taxing officers, subjrot to appeat. 0. 65, r. 27, reg. m. Illness, ete., of counsel in rotation, O. 51, r. 12. Judge ma}- direct or transfer a reference to any particulai counsel, O. 51, r, 13. Matter, any, may be referred which the court or judge thinks fit to refer, 0. 51, r. 7. Memorandum or minute of the order of reference, shall be prepared and signed by the registrar or chief clerk, 0. 51, r. 11. Note specifying the name of the counsel in rotation shall be added by registrar's clerk, O. 51, r. 11. Party prosecuting the order shall leave the memorandum wdth the counsel, and same shall be an authority to him to proceed, 0. 51, r. 11. Opinion may be received and acted upon by the court or judge, 0. 51, r. 7. Any party may object to the opinion, and thereupon the point in dispute shall be disposed of at chambers or in court as the judge thinks fit, 0. 51, r. 8. Co-partners — See Partners. Copies- Accuracy, solicitor furnishing copy, shall be answerable for,. 0. 66, r. 7. (l). Affidavit, deposition or certificate, office copy of any shall be made and taken by party filing original, O. 66, r. 7. if). And shall produce the same on every proceeding, 0. 66^ r. 7. {g). Note stating on whose behalf affidavit filed shall be made, O. 66, r. 7. (A".) Office copies may in all cases be used, 0. 88, r. 15. Where original allowed to be used, office copy need not be taken, O. 65, r. 27, reg, 53. Chambers, copies left at, shall be written on foolscap paper,. bookwise, O. 66, r. 2. 169 Copies {continued). Chambers of Ch. Div., copies shall, if directed, be supplied for use of judge and chief clerks, and handed over to other parties, O. 55, r. 37. Charge for written copies shall be 4d. per folio, O. 65, r. 27, reg. 18. For prints, Id. per folio for one, and kl. per folio for every other copy, O. 66, r. 7 (c). Documents, notice to produce, for inspection and copies, O. 31, r. 15. Form of notice shall be, B. 9 ; 0. 31, r. 16. Solicitor producing, is to be paid for copies, and on his neglecting to supply same, inspecting party may make same, O. 65, r. 27, reg. 18. Evidence, D. R. ofhce copies shall be received in, § 61. So also with central office, 0. 61, r. 7. Folios shall be marked on all copies, O. QQ, r. 7 {m). Injunction, copies of affidavits shall be furnished immediately, 0. 66,r.7(i). Legible, copies shall be neat and legible, O. 66, r. 7 (m). Name and address of party furnishing copy shall be indorsed. O. 66, r. 7 (/). Office copy ; see that title. Pajoer, copies shall be written on same paper as prints, O. 66. r. 7. {m). Paper for prints shall be cream wove machine di'awing foolscap folio paper, 19 lbs per [mill ream, O. 66, r. 3. Prints, not exceeding ten, shall be supplied on demand and payment, O. 66, r. 7, (c). Written copies not allowed for, where party entitled to take prints, unless otherwise ordered, 0. 66, r 7 (e). Written copy shall be furnished by party filing original, when original not printed, O. 66, r. 7. {h). Within twenty-four hours from request and undertaking to pay, O. 66, r. 7. {i). In default party may take copy and no costs shall be due in respect of the copy applied for, 0. QQ, r, 7. {n). 170 Copyright — Pleadings, forms of : — Claim, statement of, in action for infringement, C. sec, 6. No. 7. Defence ... ... ... ... ... D. sec. 6. Writ of summons, form of inditor, O. 55, r. 41. 174. Costs UvHfinued). B. Sjifcial Provisions {continued). Arrest under Debtor's Act, costs shall be costs iii the cause, unless otherwise ordered, O. 69, r. 5. Attachment of debts, costs shall be in the discretion of court or judge, O. 45, r. 9. Costs on barring claim of third person, 0. 45, r. 6. Briefs prematurely prepared or delivered, and cause never tried, costs of, shall not be allowed, O. 65, r. 27, reg. 49. Special allowance for costs may be made in respect of briefs, 0. 65, r. 27, reg. 3. Where plaintiff recovers not exceeding £50 in con- tract, one only shall, unless for special reasons, be allowed, O. 65, r. 27, reg. 46. Chambers, abortive attendances at, O. 65, r. 27. reg. 13. Certificate for counsel's attendance at, ih. reg. 16. Certificate of chief clerk in Ch. Div., where costs dealt with at chambers, ih. reg, 22. Improper or unnecessary appearance in, costs of, shall not be allowed, unless ordered, ih, reg. 23. Neglect to attend, or to bo prepared with proper evidence, ih., reg. 13. Non-attendance at, and rehearing, where absence was not due to wilful delay or negligence, O. 54, r. 6. Proceeding failing by reason of non-attendance and judge refusing to proceed ex parte, O. 54, r. 7. Special allowances may be made in respect of attendances and work at, O. 65, r. 27, reg. 12. Chancer}'- petition, tender of £1 10s. for costs on service of, with notice objecting to party's appearance in court, O. 65, r. 27, reg. 19. Charging order for solicitor's costs, form of, K. 29. Charitable Trusts Act, 1853, s. 28, fees payable on pro- ceedings before a judge in chambers, O. 65, r. 24. When directed to be heard in court, O. 65, r. 25. Confession of defence after action, plaintiff entitled to his costs, unless othersvise ordered, O. 24, r. 3. Form of judgment, B. 5. 17.> Costs {contiHHca). B. Special Provisions {continued). Contract, where plaintiff recovers not exceeding £20, he shall have no costs unless he obtains judge's certifi- cate or order, § 67. Where amount recovered does not exceed £50, plaintiff shall have county court costs only, unless otherwise ordered, O. 65, r. 12. And costs of briefing one counsel only unless for special reasons more than one counsel be proper, O. 65, r. 27, reg. 46. Counsers clerk's fees, O. 65, r. 27, reg. 51. Counsel's fees to settle or advise, such as are just and reasonable shall be allowed, 0. 65, r. 27, reg. 15. Certificate for counsel's attendance at chambers necessary, ih., reg. 16. Conferences not allowed in addition to drawing and settling or perusing, or advising fees, unless for special reason, ih., reg. 45. Conveyancing counsel of the court, fees of, shall be regulated by taxing officers, subject to appeal, O. 65, r. 27, reg. 36. Copy document for counsel to settle, no separate charge for, ih., reg. 2. Drafts settled by conveyancing counsel of the court, expense of previous or subsequent settlement by other counsel on behalf of same parties, shall not be allowed, unless directed, O. 65, r. 22. One counsel onl}^ allowed, where plaintiff recovers not exceeding £50 in contract, unless for special reasons, ih, reg. 46. Refreshers, what and when allowed, ih, reg. 48. Retainers not allowed between party and party, ih, reg. 44. Where allowed, may be to two counsel of outer bar, ih, reg. 47. Voucher required on taxation, ih, reg. 52. Countermand notice of trial, terms may be imposed as to costs, O. 36, r. 19. 17tJ Costs {continued). B. Sjtec'idl Provisions {continued). Court, improper appearance in, costs of, shall not he allowed unless ordered, O. 65, r. 27, reg. 23. Creditor's costs of establishing debt in Ch. Div. shall be added to debt, 0. 55, r. 58. Cross appeal, where respondent omits to give notice by- way of, special order as to costs may be made, O. 58, r. 6. Crown side of Q. B. D., O. 65 as to costs applied to civil proceedings in, O. 68, r. 2. Defect, cause struck out on account of, defendant's costs in any event, O. 65, r. 27, reg 50. Defence, facts denied or not admitted, which ought to have been admitted, order may be made as to extra costs, O. 21, r. 9. Defendants, several, employing same solicitor, taxing officer shall consider costs of separate proceedings or pleadings by, O. 65, r. 27, reg. 8. Delivery of documents, fees for, not allowed where same solicitor acts for both parties, unless same necessary for an affidavit of service, 0. 65, r. 27, reg. 6. Discontinuance, defendant entitled to costs, O. 26, r. 1. Defendant may sign judgment for such costs, if not paid within four days from taxation, O. 26, r. 3. Form of judgment, F. 14. Discovery in aid of execvition, costs of, are discretionary , O. 42, r. 34. Estate or fund, saving of right of executor, administrator, trustee, or mortgagee, to costs out of, where he has not unreasonably instituted, carried on, or resisti'd any proceedings, O. 65, r. 1. Evidence, just and reasonable charges in procuring, are to be allowed, O. 65, r. 27, reg. 9. Counsel's reasonable fees are to be allowed, di, I'eg. 15. Exparte motion, power to impose terms as to costs, 0. 52. r. 3. 177 Costs {contimu'd). B. Special Prorimons [continued). Executor's right to costs out of estate or fund preserved where he has not unreasonably instituted, carried on, or resisted proceedings, O. 65, r. 1. Experts, fees of, shall be regulated by taxing officers subject to appeal, 0. 65, r. 27, reg. 36. Fi fa on order for costs, form of, H. 2. Folio is to comprise seventy-two words or figures, 0. 65, r. 27, reg. 14. Guardian ad litem of an infant or person non compos, costs of, may be directed to be paid by the parties to the cause or matter, or out of any fund in court, O. 65, r. 13. Improper, unnecessary, or vexatious proceedings generally, 0. 65, r. 27, reg. 20. Inferior court, costs below of cause remo\'ed from, shall be costs in cause, O. 65, r. 3. Inspection of documents under O. 31, r. 15, costs of, not allowed unless inspection reasonable, O. 6o, r. 27, reg. 17. Interest on costs runs from date of judgment or order ; see note to H. 1. Interlocutory applications, costs of, may be or 6. 65, rr. 5, 11, and O. 65, r. 27, reg. 29. Notices to admit or produce, costs occasioned by in- cluding unnecessary documents, shall be borne by th<' party giving the notice, O. 32, r. 9. Pauper, costs ordered to be paid to a, shall be taxed as in other cases, unless otherwise ordered, 0. 16. r. 31. Payment into court and acceptance, costs may be taxed four days afterwards, and on non-payment in forty- eight hours, judgment may be signed, 0. 22, r. 7. Form of judgment, F. 16. Perusals, fees for, not allowed where same solicitor foi' both parties, 0. 65, r. 27, reg. 7. Petition, chancery, tender of £1 10s. fur costs on service of. with notice objecting to party's appearance in court O. 65, r. 27, reg. 19. Pleadings, amendment of plaintiff's pleadings, costs of. shall be defendant's costs in cause, 0. 65, r. 27, reg. 31. Defendant shall have costs of plaintiffs disallowed amendments, O. 65, r. 27, reg. 82. Copy to settle shall not be allowed, O. 65, r. 27, reg. 2. Counsel's reasonable fees to settle are to be allowed. O. Qy), r. 27, reg. 15. Longer forms than those in appendices, when same are applicable and sufficient, shall be deemed prolix, O. 19, r. 5. Prolixity, costs occasioned by, shall be l)orne by th^' party chargeable therewith, O. 19, rr. 2, 5. Several defendants employing same solicitor, taxinv othcer shall consider costs of separate pleading or proceedings by, O. 65, r. 27, reg. 8. Special allowance may be made for costs of pleadings O. 65, r. 27, reg. 1 179 Costs {confimied). B, Special Provisions {contmued). Taxing master shall look into and may disallow costs of improper, prolix, unnecessary, etc. pleadings, O. 65, r. 27, reg. 20. Printing documents, order may be made as to costs of, 0. 66, r. 7 (o). Printing evidence for use in C.A., costs shall be borne by party printing, unless otherwise ordered, O. 58, r. 12. Probate in solemn form, costs after defendant's notice to cross-examine witnesses only, 0. 21, r. 18. Prolixity in : — Affidavits, 0. 38, r. 3. Titles to affidavits, 0. 38, r. 2. Interrogatories, O. 31, r. 3. Notices to admit or produce, O. 32, r. 9. Pleadings, O. 19, rr. 2, 5. Longer forms than those in appendices, when same are applicable and sufficient, shall be deemed prolix, O. 19, r. 5. Proceedings generally, O. 65, r. 27, reg. 20. Writs of summons and indorsements thereon, 0. 2. r. 2. Taxing master shall look into and may disallow costs of undue prolixity, O, 65, r. 27, reg. 20. Revenue side of Q. B. D., 0. 65 as to costs, applied to proceedings on, O. 68, r. 2. > Second action brought for same cause before payment of costs of previous discontinued action, may be stayed, O. 26, r. 4. Sequestration for costs, shall not issue without leave, O. 43, r. 7. Settling and passing judgments and orders in Ch. Div., special allowances in respect thereof, O, 65, r. 27, reg. 11 ; O. 62, r. 15. Special case, parties may agree as to costs, O. 34, r. 6. Special allowance may be made for costs, O. 65, r. 27, reg. 1. Statement of claim unnecessarily delivered or demanded, O. 20, r. 1 (e). n2 Costs {continued). B. Special Provisions {continued). Stop order, costs charges and expenses occasioned by a, may be ordered to be paid by the parties obtaining the order, O. 46, r. 12. SiiJ>p(£iui for costs, abolition of, O, 43, r. 7. Summons for directions, subsequent application which ought to have been included in, shall be granted only at cost of the party applying, 0. 30, r. 3. Summons taken out for irregularity with costs, and dis- missed generally, is dismissed with costs, 0. 70, r. 4. Tender of £1 10s. for costs on service of chancery petition with notice objecting to party's appearance in court, 0. 65, r. 27, reg. 19. Third party, all questions of costs as between a, and the other parties may be decided, and orders made or directions given, O. 16, r. 54. Time, costs of one extension only shall be allowed, unless more be necessary and unavoidable, 0. 65, r. 27, reg. 24. Summons for, disallowed, unless consent for extension applied for and refused, 0. 65, r, 27, reg. 24. Trial by jury, costs shall follow the event unless otherwise ordered, O. 65, r. 1. Struck out for want of parties or other defect of plaintiff and again set down, costs of first setting down are defendant's in any event, O. 65, r. 27, reg. 50. Trial in county court, costs of action shall follow the event unless judge of county court thinks question of costs should be referred to judge of H.C., O. 65, r. 4. Trial ; where trial cannot proceed by reason of solicitor's neglect, he shall personally pay such costs as may be awarded, O. 65, r, 5. Trustee Relief Act, 1859, s. 30, costs shall be the same as those payable under the rules, 0. 65, r. 26. Trustee's right to costs out of estate or fund preserved, where he has not unreasonably instituted, carried on, or resisted any proceedings, O. 65^^ r. 1. 181 Costs {contintied). B. Special Provisions (continued). Unnecessary costs, or costs incurred through over caution, neglect, or mistake, are to be disallowed, O. 65, r. 27, reg. 29. Vexatious proceedings, generally, O. 65, r. 27, reg. 20. Witness refusing to attend examiner, or to be sworn, or to answer, or objecting to any question, may be ordered to pay costs thereby occasioned, O. 37, r. 15. Writs of summons and indorsements, costs of prolixity in, O. 2, r. 2. Special allowance may be made for writs specially indorsed, O. 65, r. 27, reg. 1. Taxing master shall look into and may disallow costs of prolixity, O. 65, r. 27, reg. 20. C. Security for. Bond for, shall be given to the party, and not to an officer of the court, 0, 65, r. 7. Court of Appeal on apppal« to, security shall be given as may be directed, O. 58, r. 15. Discovery or interrogatories, costs of, shall be secured, 0. m,r. 25. Payment into court shall be made before application for discovery or deliverv of interrogatories, 0. 31, r. 26. Payment out after disposal of cause or matter, O. 31, r. 27. House of Lords, on appeals to, security shall be given by recognizance and bond or payment into court, S. O. 4 ; and see S. O. 7. Form of certificate of sufficiency of sureties, appendix A. to S. 0. Form of notice for repayment of deposit, appendix D. to S. O. Security, when required to be given, shall be given in such time, manner and form as court or judge shall direct, O. 65, r. 6. 182 Costs {eontiniied). C. Security for {contin' d). Specific property, '.n action for, when title not disputed but lien claimed, 0. 50, r. 8. Time for pleading, or taking any proceeding, does not niii between day of service of order for security, and day on which security is given, both inclusive, O. 64, r. 6. D. Taxation. Account consisting in part of any bill of costs, O. 65, r. 27, reg. 26. Accountant to whom any question is referred, fees of, shall be regulated by taxing officers, subject to appeal, O. 65, r. 27, reg. 36. Application of old and not inconsistent rules, orders and practice, O. 65, r. 27, reg. 37. Former allowances where none other provided, O. 6.i, r. 27, reg. 30. Attendance of parties on taxation against fund or estate may be directed and arranged by the taxing officer, O. 65, r. 27, reg. 27. Award, costs may be taxed on, although time for setting aside has not elapsed, O. 65, r. 15. Books, papers and documents may be ordered to be produced, O. 65, r. 27, reg. 25. Bringing in bill and giving notice where costs directed to be taxed in case the parties differ, O. 65, r. 27, reg. 34. Certificates of chief clerk, and request for, and trans- mission of papers from chief clerk's chambers to taxing master's offices, O. 65, r. 20. Memorandum of such transmission and of return, O. 65, r. 21. Conveyancing counsel of the court, fees of, shall be regulated by taxing officers, subject to appeal, O. 65, r. 27, reg. 36. Counsel's fees not allowed unless vouched by his signature, O. 65, r. 27, reg. 52. 183 •Costs {continued). JJ. Tdxatloii (continued). Cross-costs may be adjusted by deduction or set-off; recovery thereof, O. 65, r. 27, reg. 21. Direction to tax costs awarded, is unnecessary, ib. reg. 33. Party aggrieved may appl}" to prohibit taxation, 0. 65, r. 27, reg. 33. Discretionary costs, what matters the taxing officer is to take into consideration, O. 65, r. 27, reg. 38. Experts, fees of, shall be regulated by the taxing officers, subject to appeal, 0. 65, r. 27, reg. 36. Fund in court, costs out of, certificate shall state total amount of all costs taxed, 0. 65, r. 27, reg. 35. Fund or estate, taxing officer may direct and arrange what parties are to attend, and may disallow costs of those attending unnecessarily, 0. 65, r. 27, reg. 27. Fund or property, taxation of costs to be paid out of, taxing officer may require bill and statement and letter of information to be sent to client, 0. 65, r. 27 reg. 56. Higher and lower scales when applicable respecti\ ely, O. 65, rr. 8, 9, 10. Power of court or judge to allow costs on higher scale, O. 65, r. 9. Power of taxing officer to allow costs on higher scale as against client, 0. 65, r. 10. Saving as to former allowances, 0. 65, r. 27, reg. 30. Former rules and practice in costs, ih. reg. 37. Scales of costs, appendix N. House of Lords, taxation may be on the application of either party ; certificate of result, S. 0. 10. Mode of procedure ; see appendix E. to S. O. Improper and unnecessary costs may be disallowed, O. 65, r. 27, reg. 20. Costs incurred through over caution, neglect, or mistake, shall not be allowed, 0. 65, r. 27, reg. 29. Indorsement of name and address of solicitor or agent on bill of costs, 0. 65, r. 27, reg. 58. 1.S4 Costs {lOiifiiiui-il . D. 'r Costs {continmd). 1). Taxation {continued). Reference to taxation in Ch. Div. shall be to taxing master in rotation, but where there has been a former taxation in same cause or matter, reference shall be to such taxing master, 0. 65, r. 18. Reference from one taxing master to another, 0. 65, r. 19. Reviewing taxation ; objections shall be delivered and carried in before certificate or allocatur is signed. O. 65, r. 27, reg. 39. Taxing officer shall reconsider his taxation, and, it required, shall state the grounds and reasons of his decision, and any special facts or circum- stances, 0. 65, r. 27, reg. 40. Order to review may be applied for within fourteen days as to items objected to, but certificate shall be final as to ail others, O. 65, r. 27, reg. 4<1. Further evidence shall not be brought before judge unless he so orders. 0. 65, r. 27, reg. 42. Master at chambers has no jurisdiction to deal with application to review, 0. O'*, i. 12 (A:). Rota of taxing masters, 0. 61, r. 3. Scales of costs ; see Higher and Lower, a ide p. 1 88. Scientific persons to whom any question is referred, fee> of, shall be regulated by taxing officers, subject to appeal, 0. 65, r. 27, reg. 36. Separate certificates and aXlocatars may be given 0. 65, r. 27, reg. 25. Sequestration for costs shall not issue without leave. 0. 43, r. 7. Set-off and recovery of cross costs, O. 65, r. 27, reg. 21. Damages or costs may be set off notwithstanding solicitor's lien, O. 65, r. 14. Snhpmna for costs, abolition of, 0. 43, r. 7. Taxing department of central office, O. 61, r. 1. Taxing masters shall assist each other and may refer bills from one to another, O. 65, r. 10. Tender, where costs directed to be taxed if the parties differ, O. 65, r. 27, rog. 34. Costs {continued). U. Taxation {continued). Time on any proceeding before taxing officer, may be limited or extended by him, O. 65, r. 27, rcg. 57. Trial or hearing, registrar, master, or officer shall make a note of times of commencement and termination, for communication to taxing officer, 0. 36, r. 40. Unnecessary costs, or costs incurred through over caution, neglect or mistake, to be disallowed, O. Qo, r. 27, reg. 29. Witnesses may be examined, 0, 65, r. 27, rcg. 25. Writ of summons, taxation of four day costs indorsed on, 0. 3. r. 7. Council of Judges- Power to recommend alterations in divisions and judges of H. C, § 37. Shall meet and report annually, and extraordinary meeting may at any time be convened by Lord Chancellor, § 75. Counsel — Addresses to jury, how regulated, O. 36, r. 36. Admiralty references, attendance upon, and costs thereof, O. 56, r. 7. Certificate for attendance of, at chambers, 0. 65, r. 27, reg. 16. Certificate of reasonableness of petition of appeal to House of Lords, S. 0. 2. Clerk's fees, 0. 65, r. 27, reg. 51. Conference fees are not to be allowed in addition to drawing and settling or perusing or advising fees, unless for special reasons, O. 65, r. 27, reg. 45. Conveyancing ; see Conveyancing Counsel. Cross-examination, disallowance of vexatious or irrelevant questions, 0. 36, r. 38. Examination of witness before examiner, counsel may attend, O. 37. r. 11. Fees to settle documents or advise, all just and reasonable, shall be allowed, 0. 65, r. 27, reg. 15. 187 Counsel {continued). No separate charge f'jr copy document to settle shall be allowed, 0. Go, r. 27, reg. 2. One counsel only allowed where plaintiff recovers in contract, not exceeding £50, unless for special reason, 0. 65, r. 27, reg. 46. Pauper, counsel may be assigned to, and cannot refuse his assistance without good reason, 0. 16, r. 26. Not entitled to any fee, 0. 16, r. 24. Refresher fees, what and when allowed, 0. Qb, r. 27, reg. 48. Retainers shall not be allowed as between party and party, 0. 65, r. 27, reg. 44. Where two counsel may properly be retained, they may both be of the outer bar, 0. 65, r. 27, reg. 47. Signature to case on appeal to House of Lords, S. 0. 5. (3). „ „ petition „ „ „ S. 0. 2. „ „ pleadings, 0. 19, r. 4. Vouchers for fees must be produced on taxation, 0. 65, r. 27, reg. 52. Counter-claim — All relief properly claimed by defendant's pleadings in respect of equitable or legal estates or rights, may be granted, §24(3). Any right or claim, whether it sound in damages or not, may be set up by counter-claim, 0. 19, r. 3. Amendment of, without leave, 0. 28, r. 3. Cross-action, counter-claim shall have effect as a, 0. 19, r. 3. Defence going to part only of plaintiff's claim, execution shall . not issue on judgment signed thereon where there is a counter-claim, unless by leave, 0. 27, r, 9. Disallowed may be, if it cannot conveniently be disposed of in pending action, 0. 19, r. 3. Distinct grounds shall be separately stated, 0. 20. r. 7. Established, may be, notwithstanding misjoinder of a plaintiff 0. 16, r. 3. Excluded may be on application before reply, 0. 21, r. 15. Form of counterclaim, D. sec. 8 ; E. sec. 2. Inferior court shall give effect to counter-claim, § 89. 188 Counter-claim {continued). Transfer to High Court where matter is beyond juris- diction of inferior court, § 90. Judgment may be given for defendant if entitled thereto, 0. 21, r. 17. Payment into court may be made in answer to a counter- claim, O. 22, r. 9. Proceeded with, may be, although action is stayed, discon- tinued, or dismissed, O. 21, r. 16. Reply shall be subject to rules applicable to defences, O. 28, r. 4. Forms, appendix E., sees. 1, 2. Specifically state, defence shall, that grounds are relied on by way of counterclaim, O. 21, r. 10. Third party brought in by counter-claim ; further title to action and delivery of defence to, O. 21, r. 11. Appear, third party shall, 0. 21, r. 18. Form of appearance, A part II, No. 7. Exclusion of counter-claim on application of third party or plaintiff, 0. 21, r. 1-5. Reply of third party, 0. 21, r. 14. Served, shall be with defence, in same manner as a writ, 0. 21, r. 12. Indorsement to be made on defence, B. 2 ; O. 21, r. 12. WithdraAval of counter-claim, by leave, on terms, O. 26, r. 1. And see Defence. Countermand Notice of Trial — Shall not be given except by consent, or by leave, O. 36, r. 19. Terms may be imposed as to costs, O. 36, r. 19. County Court — Appeals from, shall not be assigned to the Ch. Div., § 34. Certioriaii, form of order for, to remove judgment, K. 30. Prrsei'pe for writ, G. 13. Writ of, form, J. 9. Costs in court below of cause removed from inferior court, sl\all be costs in cause, 0. 65, r. 3. 189 County Court Uontinmd). Removal of judgment, form of order, K. 30. Rules, power to make, to regulate practice of county courtis, S27. And see County Courts Acts, 1856, 1867, 1875. County Courts Act, 1856. — Costs of action tried in county court shall follow the event unless judge of county court thinks question of costs should be referred to judge of H. C, O. 65, r. 4. Form of judgment after trial in county court, of action in High Court, F 13. And see CouNTY Court. County Courts Act, 1867— Application of sees. 5, 7, 8, and 10 to High Court, § 67. Form of order to try action in county court, K 44. To give security or try action in county court, K 45. And see County Court. County Courts Act, 1875 — Appeals under sec. 6 can only be made on days appointed for hearing appeals from inferior courts, R.22nd Jan. 1877, r. 3. Copy of the judge's notes must be handed to the proper officer in court before appeal can be heard, R. 22nd Jan., 1877, r. 3. Divisional courts, appeals from county courts shall continue to be heard before, 0. 59, r. 1 (c). And see County Court. County Palatine of Durham — Commissions of assize in, may be issued in the same manner as in any other county, § 99. Court of Pleas jurisdiction transferred to H. C, § 16. Pending business assigned to C. P. Div. of H. C, § 34. Prothonotaries and other existing officers shall perform the same duties as heretofore, § 78. Remuneration of such officers, provisions as t/>, shall remain in effect until altered, ^ 78. County Palatine of Durham {eontinwd). Salaries and office expenses of prothonotary and district prothonotary, §§ 27. Rules and orders shall be made as provided with respect to rules of court under the Act, § 78. District registrar shall be the prothonotary ; order in council, 12th Aug., 1875. County Palatine of Lancaster — Chancellor of the duchy of, jurisdiction and powers of, a.s judge of re-hearing^or appeal transferred to C. A., § 18. Saving clause as to, § 9-5. Clerk of the council of the duchy of, shall not be an officer attached to the Supreme Court, § 77. Transfer of his duties to officers of Supreme Court, § 77. Commissions of assize in, may be issued in the same manner as in any other county, § 99. Court of Chancery, jurisdiction in respect to appeals from, not transferred to H. C, § 17. But transferred to Court of Appeal, § 18. Duties with respect to such appeals, transferred frovj clerk of the council of the duchy to officers of the Supreme Court, § 77. Court of Common Pleas, jurisdiction transferred to H. C, § 16. Fee fund, provision as to, §§ 27. Pending business, assigned to C. P. Div. of H. C, § 34. Prothonotaries and other existing officers .shall perform the .same duties as heretofore, § 78. Powers with respect to such officers transferred from chancellor of the duchy to L. C. § 78. Remuneration of such officers, provisions as to, shall remain in effect until altered, § 78. Salary and office expenses of prothonotary and district prothonotary, provision as to, §§ 27. Rules and orders shall be made as provided with respec* to rules of court under the Act, § 78. District registrar shall be the prothonotary ; order in counci'. 12th Aug., 1875. 191 County Palatine of Lancaster {continued). Queen's counsel of, shall retain their precedence in the comity, § 78. Court of Appeal, The— A. Constifutio)} ; B. Judges; C. Jurisdiction and Poivem of. Appeal to Court of Ap)peal, see Appeal C. A. Constitution. Assessors, the aid of, may be called in, § 56. Trial shall take place in such manner as court shall direct, 0. 80, r. 43. Divisional courts may be constituted and their sittings regulated by order, -f* 16. May discharge or vary vacation orders made by a single judge, § 52. Divisions, court may sit in two, at the same time, §§ 12. Final orders, appeals against, shall be heard by not less than three judges, |§ 12. High Court, judges may be requested to attend from, §| 4. Interlocutory application may be dealt with by single judge, § 52. Interlocutory order, appeal against, shall be heard by not less than two judges, §§ 12. Court shall determine what orders are final and what interlocutory, §§ 12. Judge, no, shall sit on appeal against his own judgment. Number of ex offi^cio and ordinary judges, what shall bo the, §§ 4. Officers attached to any division of the H. C. shall follow the appeals from that division, 0. 60, r. 2. President, shall be the Lord Chancellor, §§ 6. Record, C. A. is a superior court of, § 18. Registrars shall attend the hearing of appeals from the Ch. Div., O. 62, r. 1. Sittings shall be four in each year, commencements and terminations thereof, O. 63, r. 1. Commencing and ending days are included, 0. 6^! . r. 5. 192 Court of Appeal [continued). A. Consfifiif.ion (vontmued). May be held at any time and place, § 26. Statutes to be construed as if C. A. named therein, § 76. Supreme Court, C. A. is a division of the, § 4. Title (" Her Majesty's Court of Appeal ") § 4. Vacancy in office of judge shall not affect the constitu- tion of the court, § 7. Vacations may be regulated by order in council, § 27. Pro\dsion shall be made for the hearing of applica- tions during vacation, § 28. Single judge may during vacation make certain interim orders, § 52. B. Judges. Additional judges, the attendance of, may be requested by the L. C, except during circuits, §§ 4. Jurisdiction and powers of such judges, §§ 4. Precedence of, §§ 6. Appeal, judge shall not sit on, from his own judgment, Nor on appeal from a divisional court on which h<- sat and acted, §§ 4, :j:^ 11. Ex officio, §§ 4, H 4. Precedence of, §§ 6. Salaries of, § 13. How payable, § 15. Extraordinary duties and powers of, provision as to, ^12. H. C, judge of C. A. may be requested to sit and act a.^ judge of, on behalf of any absent judge, § 51. Judges of H. C. may be requested, except in circuit time, to sit as additional judges of C. A., §§ 4. House of Commons, judge shall not be elected to or sir in, § 5. Lunatics, j urisdiction in respect of, shall be <'xercis(id liv such judge or judges as shall be appointed, ^ 7. Oaths to be taken by, H 5. Order may be made by single judge in certain au^i^, subject to revision by the court, § 52. 193 Court of Appeal {continued). B. Judges [continued). Ordinary, §§ 4. Appointment of, §§ 4. Number of, shall be five, JJ 3. Pensions, § 14 ; how payable, § 15. Precedence of, §§ 6. Qualification of, § 8. Salaries of, § 13 ; how payable, § 15. Style and title of, -f-f- 4. Vacancy in office of, §§ 4. Personal officers of, § 79 ; not entitled as such to pension or compensation, § 85. President shall be the Lord Chancellor, §§ 6. References, power to order, § 56 ; and see E.EFEREES, Official and Special. Removal of, §§ 5. Resignation of, § 7. Serjeant-at-law, judge shall not be required to take the degree of, § 8. Tenure of office of, §§ 5. Vacancy in office of any judge shall not affect constitu- tion of the court, § 7. C. Jurisdiction and Potuers. Amendment, court shall have all powers of, O. 58, r. 4. Appeals to, -v^hen to be brought, and what appeals may be brought ... ... see Appeal, C. (a) how brought notice of appeal how heard evidence upon effect of cross appeals (0) (d) (f) (9) Appellate jurisdiction, court shall have, with all incident original jurisdiction, § 4. Applications, which may be made to either court, shall in the first instance be made to the court below^ O. 58, r. 17. To C.A. shall be by motion, 0. 58, r. 18. o 194 Court of Appeal {continued). G. Juriadictioii and Poicers {continued). Costs of the appeal, C. A. may make such order as may seem just, O. 58, r. 4. Criminal matters, practice and procedure shall be as before the Act, §§ 19. No appeal in any, except for error on the reco rd, §47. Cross appeal, omission by respondent to give notice of, shall not diminish powers of the court, but may be ground for an adjournment or a special order as to costs, O. 58, r. 6. Divorce appeals to be brought to C. A. instead of to full court, X[ 9- When final, ++ 9. Against decree absolute, appeal does not lie where appeal against decree nisi neglected, ++10. Evidence, further, court may receive, O. 58, r. 4. High Court, C.A. shall have all the powers and jurisdic- tion of the, § 19. Inferences of fact may be drawn, 0. 58, r. 4. Interest shall be allowed unless otherwise ordered, 0. 58, r. 19. Interlocutory applications may be dealt with by single judge, § 52. Shall be by motion, 0. 58, r. 18. Interpleader, C.A. may give leave to appeal in, 0. 57, r. 11. Judgment, C. A. may give any, or make any order, 0. 58, r. 4. Jurisdiction transferred to C. A., § 18. How it shall be exercised, § 23. Motion to set aside judgment after trial, 0. 40, rr. 3, 4, 5. New trial, application for, where action tried by judge without a jury, shall be to the C.A., O. 39, r. I. New trial, C. A. may order a, 0. 58, r. 5. Pending business, transfer of, § 22, Record, C. A. is a superior court of, § 18. Referee, causes and matters may be referred to official or special, § 56. 195 CJourt of Appeal {continued). C. Jiirisdictwii and Poiuers {continued). Statutes shall be construed as if C. A. were named therein, § 7G. Stay of execution, appeal shall not be a, unless so ordered, 0. 58, r. 16. Want of aj^peal from an interlocutory rule or order shall not bar the court from giving a decision, O. 58 r. 14. €ourt, High, of Justice- See High Court of Justice. Court Rolls- Limited inspection of, may be ordered, on apiDlication of copy- hold tenant, O. 31, r. 19. Courts Palatinate- See County Palatine of Durham — County Palatine of Lancaster. Court, Supreme, The — See Supreme Court, The. Covenant— , Pleadings, forms of: — Claim, statement of ... ... C. sec. 4, No. 8. Defence ... ... ... D. sec. 4. Writ of summons, form of special indorsement on ... ... . . . C. sec. 4, No. 8. Indorsement of claim in action for damages for breach of covenant, A. part III. sec. 4, Nos. 40, 56, 78. -Coverture — Defence, form of ... ... ... D. sec. 4. And see Husband and Wife — Marriage — Married Woman. Creditors — Administration by the court of an insolvent estate, or ii? o 2 Creditors (continued). winding up a company, shall be governed by the rules in bankruptcy, §§10. Proof of claim in Ch. Div. ; see Advertisements for Creditors. Criminal Proceeding — Appeal shall not lie from judgment of the H. C. in any, § 47. Included in the term cause, § 100. Judges, what, shall constitute court of criminal appeal, tt 1^. Master in chambers has no jurisdiction in any, 0. 54, r. 12 (a). Saving as to existing practice and procedure, §§ 19. Saving in the rules, O. 68, r. 1. Cross Action- See Counter-claim. Cross Appeals- See Appeal C. (g). Cross Examination- Deponent's attendance for cross-examination on his affidavit may be ordered, O. 38, r. 1, Examiner, party or witness having made an affidavit, shall be bound to attend for cross-examination, on being served with subpcena, O. 37, r. 20. Practice as to cross-examination at a trial shall apply, O. 37, r. 22. Witnesses produced before an examiner shall be subject to cross-examination, O. 37, r. 11. Trial by affidavit evidence, deponent's attendance for cross- examination may be required^by notice, O. 38, r. 28. Form of notice, B. 20. Party filing affidavit may compel deponent's attendance, O. 38, r. 29. Crown Cases Reserved- Court for the determination ol, § 47. Decision shall be final and without appeal, § 47. Interpretation of term, wije>A used in Act, § 100. 197 Crown Office and Crown Side of Q. B. D. — Affidavits, rules of O. 38 applied in civil proceedings, 0. 68, r. 2. Shall be intituled in the Q. B. D., 0. 68, r. 4. Amendments, rules of 0. 28 applied in civil proceedings, O. 68, r. 2. Appeals, rules of O. 58 applied in civil proceedings, except quo warranto, O. 68, r. 2. Civil proceedings includes mandamus, quo warranto, and prohibition, 0. 68, r. 2. Copies, rules of O. Q6 applied in civil proceedings, O. 68, r. 2 (h). Costs, rules of 0. 65 applied in civil proceedings, 0. 68, r. 2. Crown office amalgamated with central office, j 5. Department of central office, O. 61, r. 1. Divisional court, proceedings on the Crown side shall continue to be heard by a, 0. 59, r. 1 (a). Mandamus, a civil proceeding for purpose of O. 68 ; 0. 68, r. 2. Motions, rules of O. 52 applied in civil proceedings, 0. 68, r. 2. Non-compliance, rules of O. 70 applied in civil proceedings, 0. 68, r. 2. Notices, rules of O. 66 applied in civil proceedings, O. 68, r. 2. Office copies, rules of 0, 66 applied in civil proceedings, 0. 68, r. 2 (h). Paper books, two only, to be delivered, R 22nd Jan., 1877, r. 1- Paper, rules of 0. 66 applied in civil proceedings, O. 68, r. 2 (k)' Printing, rules of, O. 66 applied in civil proceedings, O. 68, r. 2 (h). Prohibition, a civil proceeding for purpose of O. 68 ; O. 68, r. 2. Pleadings and proceedings shall be, as nearly as may be as in an ordinary action for damages, O. 68, r. 3. Queen's coroner and master of crown office are masters of the Supreme Court, J 8. * Right of appointment vested in L. C. J., | 9. Transferred to central office, I 6. Quo ivarranto is a civil proceeding for purpose of O. 68 ; O, 68, r. 2. Saving of existing practice and procedure, 0. 68, r. 1. Special case, rules of 0. 34 applied in civil proceedings, O. 68, r. 2. 198 Crown Office and Crown Side of Q,. B, D. {continued). Time, rules of O. 64 applied in civil proceedings, 0. 68, r. 2. Custody — Documents may be deposited in central office for sal*. custody, 0. 61, r. 30. Infants, rules of equity shall prevail in questions relating to custody and education of, § 25 (10). Lunatics, and idiots, jurisdiction as to custody and estates of not transferred to H. C, § 17. Subject matter of action, order may be made for custody of, 0. 50, r. 1. Application for order, 0. 50, r. 7. Damages- Assessment of damages, by writ of inquiry (or, by order, by any other mode) on default of appearance, 0. 13., r. 5. Default of defence, on, 0. 27, r. 4. Separate judgments for debt and damages, 0. 27, r. 6. Several defendants, some defending, some not, 0. 27, r. 5. Witnesses shall be examined viva voce, O. 37, r. 1. Assessment of damages in respect of continuing cause of action shall be down to time of assessment, O. 36, r. 58. Deemed in issue, damages shall be, in all cases unless expressly admitted, 0. 21, r. 4. Land, action for recovery of, assessment of damages in, on default of appearance, O. 13, r. 9. Default of defence, on, O. 27, r. 8. Libel or slander, particulars must be given before evidence in mitigation of damages can be given, unless by leave.. O. 36, r. 37. 199 Damages {continued). Reference to officer where amount is substantially a matter of calculation, 0. 36, r. 57. Master's certificate shall be filed on signing judgment., 0. 41, r. 8. Set-off, damages or costs may be, notwithstanding solicitor's lien, O. 65, r. 14. Interlocutory judgment for damages on default of appear- ance, 0. 13, r. 5. Default of defence, on, 0. 27, r. 4. Separate judgments for debt and damages, 0. 27, r. 6. Several defendants, some defending, some not, 0. 27, r. 5. Form of judgment, F. 2. After assessment of damages, F. 4. Writ of inquiry ; see Inquiry, Writ of. Days- See Time. Death — Abate, action shall not, by reason of death, if cause of action survive, 0. 17, r. 1. Shall not abate on death between verdict and judgment, whether cause of action survived or not, O. 17, r. 1. Insolvent deceased's estate shall be administered as in bank- ruptcy, §§ 10. Personal representative may be made a party to the action, O. 17, r. 2. Summons to compel person entitled, to proceed, 0. 17, r. 8. Judgment in default of proceeding as ordered, 0. 17, r. 8. Execution where plaintiff has died, 0. 17, r. 8. Transmitted interest caused by death, new party may be joined in action by order, 0. 17, r. 4. Debts, Assignment of— See Chose in Action. Debts, Attachment of— See Attachment of Debts. 200 Debtor, Oral Examination of— See Attachment of Debts. Debtors Act, 1869— A. Arrest under section 6 ; B. Conwiittal for Non- payTnent of Debt or Instahnents. A. Arrest under section 6. Application for order to arrest shall be made upon affidavit and ex parte, 0. 69, r. 1. Bond, security to be given by defendant may be given by, with two (or by leave more) sureties, 0. 69, r. 3. Addresses and names of proposed sureties shall be given to plaintiff, O. 69, r. 3. Notice of objection to sureties may be given by plaintiff, with pajticulars, within four days, O. 69, r. 3. Sufficiency of sureties shall be determined by a master, O. 69, r. 3. Costs may be awarded, O. 69, r. 3. Plaintiff shall obtain appointment; in default, the security shall be deemed sufficient, O. 69, r. 3. Certificate of plaintiff or his solicitor that bond given, entitles defendant to his discharge, 0. 69, r. 6. Costs of and incidental to arrest shall, unless otherwise ordered, be costs in the cause, O. 69, r. 5. Date of arrest shall be indorsed on the order by the sheriff, or his officer, within two days after arrest, O. 69, r. 7. Deposit of money in court, security to be given by defendant, may be given by, O. 69, r. 3. Control of the court over deposit, O. 69, r. 4. Delivery of receipt to sheriff entitles defendant to his discharge, O. 69, r. 6. Discharge from custody, defendant may apply for, at any time, O. 69, r. 1. Order to arrest shall be in form K. 31, with any requisite variation, O. 69, r. 1. Concurrent orders may be issued, 0. 69, r. 2. 201 Debtors Act, 1869 {conUmed). A. Arrest under section 6 (continued). Indorsement of plaintiff's address before delivery to sheriff, O. 69, r. 2. Rescinding or varying, on application of defendant, 0. 69, r. 1. Sheriff entitled to same fees as heretofore, 0. 69, r. 2. Security may be given in any form that plaintiff con- sents to, 0. 69, r, 3. Control of the court or judge over the security, 0. 69, r. 4. B. Committal for Non-payment of Debt or Instalments. District registrar shall hear summons and may make order for payment, but if it be a case for committal shall adjourn summons to the judge, O. 54, r. 19. Examination touching means, form of order, K. 46. Master shall hear summons and may make order for pay- ment, but if it be a case for committal shall adjourn summons to the judge, 0. 54, r. 19. Order for payment by instalments, form of, K. 47. Order of commitment shall bear date the day when made, O. 42, r. 25. Duration ; shall continue in force for one year, 0. 42, r. 25. Form of order of committment, K. 48. On nonpayment of instalment, K. 49. Renewed may be in same manner as an execution, 0. 42, r. 25. Sheriff shall make return without any order, 0. 52, r. 11. Declaration of Right- Court may make, whether any consequential relief is or could be' claimed, or not, O. 25, r. 5. Declaratory Judgment or Order — Action or proceeding shall not be open to objection on the ground that a merely declaratory judgment or order is sought, 0. 25, r. 5. 202 Decree — Included in the word judgment, § 100. See Judgment — Order. Deeds — Cancellation, rectification or setting aside deeds, causes and matters as to, assigned to Ch. Div., § 34. Writ of summons, form of indorsement on, A. part III., sec. 1, No. 8. Deposit for safe custody, for any inquiry, or otherwise shall be in central office, 0. 61, r. 30. Directions may be given as to production, 0. 61, r. 30. Enrolment of, shall be in central office, 0. 61, r. 9. Acknowledgments for the purpose of, may be made before the clerk of enrolments or a master, O. 61, r. 12. Before whom to be taken in Scotland, Ireland, or foreign parts, 0. 38, r. 6. Record of deeds enrolled shall be sent to the public record office within two years from the enrolment, O. 61, r. 13. Settlement, of in chambers of Ch. Div., proceedings on sum- mons to proceed, O. 55, r. 34. Defamation- See Libel and Slander. Default at Trial- See Trial, E. Default of Appearance — See Appearance, D. Default of Defence — Debt or liquidated demand, plaintiff may enter final judgment, O. 27, r. 2. Form of judgment, F. 1. Several defendants, one making default, plaintiff may enter judgment and issue execution [against him, and proceed against the others, O. 27, r. 3. 203 Default of Defence {continued). Defence going to a severable part only of claim, plaintiff may by leave, enter judgment, but where there is a counter- claim shall not issue execution without leave, 0. 27, r. 9. Detention of goods or damages, plaintiff may enter inter- locutory judgment and issue writ of inquiry, or the damages may, by order, be ascertained in any other way, 0. 27, r. 4. Form of interlocutory judgment ... ... F. 2. Final judgment after assessment of damages, F. 4. . Several defendants, one making default, plaintiff may enter interlocutory judgment against him, and proceed with his action against the others. Value or damages against the defendant in default shall be ascertained at the trial, unless otherwise ordered, 0. 27, r. 5. Detention of goods or damages and debt or liquidated demand, plaintiff may enter final judgment for the debt, and interlocutory judgment for the damages, and proceed as in rr. 4, 5 ; O. 27, r. 6. Land, in default of defence, plaintiff may enter judgment, O. 27, r. 7. Mesne profits, arrears of rent, double value, or damages, where claimed, plaintiff may enter judgment, and proceed as in rr. 4, 5 ; O. 27, r. 8. Other actions, in, in default of defence, plaintiff may set action down on motion for judgment, O. 27, r. 11. Several defendants, in case of, 0. 27, r. 12. Probate actions, in, in default of defence, action may proceed notwithstanding, 0. 27, r. 10. Setting aside judgment obtained on default, 0. 27, r. 15. Default of Pleading — See Pleadings, D. Defect — See Informality, Defence arising after Action- See Defence. 204 Dafence — Amendment of ; see PLEADINGS, C. Costs occasioned by facts denied, or not admitted, which onght to have been admitted, such order may be made with respect to, as shall be just, O. 21, r. 9. Counterclaim : — All relief properly claimed by defendant's pleadings in respect of equitable or legal estates or rights, may be granted, § 24 (3). Any right or claim, whether it sound in damages or not , may be set up by counter-claim, O. 19, r. 3. Amendment of, without leave, 0. 28, r. 3. Cross action, counter-claim shall have efifect as a, 0. 19, r. 3. Defence going to part only of plaintiffs claim, execution shall not issue on judgment signed thereon where there is a counter-claim, unless by leave, O. 27, r. 9. Disallowed may be, if it cannot conveniently be disposed of in pending action, 0. 19, r. 3. Distinct grounds shall be separately stated, 0. 20, r. 7. Established, may be, notwithstanding misjoinder of a plaintiff, 0. 16, r. 3. Form of counterclaim, D. sec. 8 ; E. sec. 2. Excluded, may be on application before reply, 0. 21^ r. 15. Inferior courts shall give effect to counter-claims, § 89. Transfer to H. C. where matter is beyond juris- diction of inferior court, § 90. Judgment may be given for defendant if entitled thereto, O. 21, r. 17. Payment into court may be made in answer to a counter- claim, O. 22, r. 9. Proceeded with, may be, although action stayed, discon- tinued, or dismissed, O. 21, r. 16. Reply shall be subject to rules applicable to defences, O. 23, r. 4. Forms of reply, E. sees. 1, 2. Specifically state, defence shall, that grounds are relied on by way of counterclaim, O. 21, r. 10. 205 Defence {continued). Third party brought in by counterclaim ; . further title to action and delivery of defence to, O. 21, r. 11. Appear, third party shall, 0. 21, r. 13. Form of appearance, A. part II., No. 7. Exclusion of counter-claim on application of third party or plaintiff, 0. 21, r. 15. Reply of third party, 0. 21, r. 14. Served, shall be, with defence, in same manner as a writ, 0. 21, r. 12. Indorsement to be made on defence, B. 2 ; 0. 21, r. 12. Withdrawal of counter-claim, by leave and on terms, p. 26, r. 1. Default of defence ; see that title. Defence answering separable part only of claim, plaintiff may by leave enter judgment for the unanswered part, but if there be a counterclaim execution shall not issue without leave, O. 27, r. 9. Delivered, shall be, by defendant, O. 19, r. 2. Delivered, shall be, within ten days from statement of claim, or time limited for appearance, whichever shall be last, unless time extended, O. 21, r. 6. Where defendant has neither received nor required a statement of claim, defence shall be delivered within ten days after appearance, 0. 21, r. 7. Where order under 0. 14 silent, defence shall be delivered within eight days after the order, O. 21, r. 8. Timie does not run between day on which order for security for costs is served, and day on which security is given, 0. 64, r. 6. Denial, general, is insufficient ; each allegation must be dealt with specifically, 0. 19, r. 17. Allegations not denied shall be taken as admitted, except as against infants, lunatics, and persons non-comiios, O. 19, r. 13. Allegations denied or not admitted which ought to have been admitted, order may be made as ic extra costs, O. 21, r. 9. 20G Defence {continued). Bare denial of contract operates as a denial of the fact not the legality or sufficiency, O. 19, r. 20. In actions on bills of exchange, etc., must deny some fact, e. g. the drawing, etc., O. 21, r. 2. In actions on contracts, must deny fact from which liability arises, O. 21, r. 3. Inadmissible in debt or liquidated demand, 0. 21, r. 1. Must be substantial not evasive, 0. 19, r. 19. Representative character or constitution of firm shall be specifically denied, O. 21, r. 5. Unnecessary as to damages, 0, 21. r. 4. Distinct defences shall be separately stated, O. 20, r. 7. Forms : Admiralty : — Bottomry ... ... ... D. sec. 3, No. 3. Equipment and necessaries ... ... „ 4. Possession ... ... ... ... „ 5. Salvage ... ... ... ... „ C\ Chancery : — Administration ... ... D. sec. 2, No. 0. Foreclosure by mortgagee ... ... „ 1 . „ „ alleged prior incumbrancer „ 2. Redemption ... ... ... ... „ 2. Specific performance ... ... „ 2. Counterclaim : — Forms of ... ... ... D. sec. 8 ; E. sec. 2. Damages for Breach of Contract or Duty: — Breach of promise ... ... D. sec. 5. Carriers Charter parties ... Contributory negligence Denials Insurance ... Marine policy Debt or Liquidated Demand : — Bills of exchange, promissory notes or cheques ... ... ... . . . D. sec. 4. Other simple contract debts ... „ E. sec. 3, No. 3. 207 Defence {continued). Bonds or contracts under seal ... ... T). sec. 4. Guarantees whether under seal or not ... D. sec. 4; E. sec. 3, No. 1. Debt, any action of ... ... . . . D. sec. 4. Work, labour and materials ... E. sec. 2. General defences ... ... ... . . . D. sec. 4. Accord and satisfaction Bankruptcy, &c. Coverture Infancy Payment into court ... Eecission before breach Release Statute of Limitations „ Frauds ... General form ... ... ... ... D. sec. 1. Injunctions, Damages, or Declarations of rirjht : — All actions for wrongs ... D. sec. 6. Copyright Detention or conversion of chattels „ Infringement of patent ... ... „ Injuries by trespass or negligence ... „ Light Nuisance ... ... ... ... „ Seduction ... ... ... ... „ Slander E. sec. 3, No. 2. Trade mark ... D. sec. 6. Land : — Defence to actions for recovery of . . . D. sec. 7. Probate : — Interest suit ... ... ... D. sec. 3, No. 1. Solemn form ... ... . • . „ „ 2. General issue by statute, pleading shall cite statute in margin, O. 21, r. 19. Land, in action for recovery of, defendant in jjossession need not plead his title, unless equitable, but may plead that he is in possession, and may rely upon any defence which he can prove, 0. 21, r. 21. 208 Defence {contimied). Such a plea implies a denial of the facts alleged m the statement of claim, O. 21, r. 21. Matters of defence arising after action may be raised in defence, 0. 24, r. 1. If defence already delivered, or time for delivery has expired, defendant may, within eight days after the matter has arisen, or subsequently by leave, deliver a further defence, O. 24, r. 2. Plaintiff may confess defence (Form B. 5.) and sign judgment for his costs, unless otherwise ordered, O. 24, r. 3. Not guilty by statute may be pleaded with same effect as heretofore, but no other defence shall be pleaded to the same cause without leave, 0. 19, r. 12. Payment into court admits claim or cause of action in respect whereof pajniient is made, 0. 22, r. 1. May be made with defence denying liability (except in libel or slander), 0. 22, r. 1. On a bond, shall be admissible to particular breaches only, O. 22, r. 1. Signified, shall be in the defence, and the claim or cause of action specified, O. 22, r. 2. Tender before action, amount tendered must be brought into court, O. 22, r. 3. Under O. 14, may bo appropriated in the defence to any specified portion of plaintiff's claim, O. 22, r. 11. And see Payment into Court. Probate actions, in, defendant may give notice to cross- examine witnesses only, with the same consequences as to costs as heretofore, O. 21, r. 18. Relief shall be stated specifically, and defence need not ask for general relief, O. 20, r. 6. Representative character or constitution of firm shall be specifically denied, O. 21, r. 5. Striking out defence for disobedience to order for interroga tories, discovery, or inspection, 0. 31, r. 21. Third parties ; see that title. Withdrawing or striking out defence by leave, O. 26, r. 1 . 209 Defence {coniinHcd). t Year, letter, and number of cause or matter shall be marked, 0. 61, r. 19. And see Pleadings. Defendant — Address and address for service ; see those titles. Interpretation of term when used in Act, § 100. Parties ; see Joinder of Parties. Delay — Accounts or inquiries, in prosecuting, O. 33, r. 9. Delivery, Writ of— Damages, costs and interest may be levied by writ of delivery, or by a separate writ of execution, 0. 48, r. 2. Form shall be H. 10 ; O. 48, r. 2. To levy the assessed value, H. 11. Issued may be, and enforced by the sheriff by distraint, O. 48, r. 1. Judgment for the recovery of any property other than land or money, may be enforced by writ of delivery, O. 42, r. 6. PrcBcipe for, G. 8. Value of the property may, at plaintiff's option, be ordered to be levied, 0. 48, r. 1. Demurrer — No demurrer shall be allowed, 0. 25, r. 1. And see Demurrer, Proceedings in lieu of. Demurrer, Proceedings in Lieu of— Costs of issues of law, shall follow the event, unless otherwise ordered, O. 65, r. 2. Declarations of right may be made, whether consequential relief is or could be claimed, or not, 0. 25, r. 5. Declaratory judgment or order only sought for, action shall not be open to objection on that ground, O. 25, r. 5. Frivolous or vexatious action or defence may be stayed or dismissed, or judgment entered as may be just, O. 25, r. 4. 210 Demurrer, Proceedings in Lieu of {continued). Point of law may be raised by any pleading, and disposed of at or after or before trial, O. 25, r. 2. Decision thereon disposing of Avhole action, or distinct cause of action, defence, etc., action may be dismissed or such order made as is just, O. 25, r. 3. Defence, raising point of law, forms of, E. sec. 3, Nos. 2, 3. Striking out pleading which shows no reasonable cause of action or answer, and stajing or dismissing action, or entering judgment, 0. 25, r. 4. Deponent- Description and true place of abode shall be stated, O. 38, r. 8. Illiterate deponent, reading over affidavit and certificate in jurat, 0. 38, r. 13. Resident at a distance, special allowance for costs in case of, 0. 65, r. 27, reg. 4. Several, special allowance for costs in case of, 0. 65, r. 27, reg. 4. Deposit for Costs — See Costs, C. Deposit in Court — See Payment into Court — Property. Deposition- Admissible, shall not be, at the trial or hearing, unless by consent, or deponent be dead, beyond the jurisdiction, or unable to attend, O. 37, r. 18. Order empow-ering any party to give depositions in evidence may be made, 0. 37, r. 5. Evidence may be taken by, O. 37, r. 5. Examination by officer, how depositions taken down, 0. 37, r. 12. Filed shall be in central office, 0. 37, r. 16. Filed or made before issue joined, shall not be admissible without special leave, unless notice of intention to use same shall have been given within one month after issue joined, O. 37, r. 24. 211 deposition {continued). Office copy shall be made and taken by party filing original, O. 66, r. 7 (/). Produced, shall be, by him, on every proceeding, 0. 66, r.7((7). Printed, deposition shall be for use at trial, unless otherwise ordered, O. 66, r. 5. Unless previously used without being printed, O. 66, r. 6. Saving as to power of court to allow depositions to be read on trials by jury, §§ 20. Taking copies ; see Copies. 3Detention — Action for detention of goods, where no appearance, inter- locutory judgment may be entered and writ of inquiry issued, but damages may be ordered to be otherAvise ascertained, 0. 13, r. 5. Form of judgment, F. 4. Where no defence delivered, interlocutory judgment may be entered and writ of inquiry issued, but damages may be ordered to be otherwise ascertained, O. 27, rr. 4, 6. Form of judgment, F. 4. Several defendants, one making default, others not, O. 27, r. 5. Oontract in any action of, order may be made for preservation, or interim custody of the subject matter, O. 50, r. 1. Application may be made by plaintiff at any time, on his right being made to appear by the pleadings or on affidavit, 0. 50, r. 7. Lien, property claimed which is subject to a, may be ordered to be given up on pajonent into court of the amount of the lien, O. 50, r. 8. Perishable goods may be ordered to be sold, O. 50, r. 2. Application may be made by any party on notice after writ issued, or, if by defendant, after appearance, O. 50, r. 6. Property, the subject of the action, may be ordered to be detained, O. 50, r. 3. r 2 212 Detention (confimwd). Application may be made by any party on notice, aftei writ issued or, if by defendant, after appearance. 0. 50, r. 6. Pleadings, forms of, in actions for detention : — Claim, statement of ... ... ... C. sec. 6, No. 2. Defence D. sec. 6. Samples may by order be taken, observations made, or experiments tried, O. 50, r. 3. Writ of delivery, see Delivery, Writ of. Writ of summons, forms of indorsement of claim on, A part III., sec. 4, Nos. 11, 12, 22. Devisee — See Residuary DE\asEE. Devolution — Action shall not become defective by the devolution of any estate or title pendente lite, O. 17, r. 1. Continued, may be, by or against the person to or on whom the estate or title has devolved, O. 17, r. 3. Successor may be joined by order where the devolution is by operation of law, O. 17, r. 2. ^'ew parties may be joined by order obtained ex jxirte, 0. 17. r. 4. Order shall be served and new parties shall appeal-, O. 17, r. 5. Party served may apply to discharge order, O. 17, r. 6. If party is under disability, O. 17, r. 7. Directions, Summons for — See Summons for Directions. Discharging— Chief Clerk's certificates ; see Chief Clerks, A. And see Setting Aside and Striking Out. lisclosure by Solicitors and Plaintiffs- Sec Writ of Summons, H. 213 Discontinuance — Action may be discontinued wholly or in part by plaintiff, before defence, or afterwards but before taking any further proceeding, by notice, with costs, and discon- tinuance shall not be a defence to a subsequent action, 0. 26, r. 1. Form of notice, B. 19. Leave is necessary in all other cases, O. 26, r. 1. Counterclaim may be proceeded with, although action is discontinued, O. 21, r. 16. Defence can be withdrawn, wholly or in part, Avith leave, O. 26, r. 1. Defendant may enter judgment for costs where same not paid within four days after taxation, 0. 26, r. 3. Form of judgment, F. 14. Second action brought before payment of costs of previous discontinued action for same cause may be stayed, 0. 26, r. 4. Discovery by Interrogatories — See Interrogatories. Discovery in Aid of Execution — See Execution, E. ^Discovery of Documents — Application if not necessary, or not at that stage, may be refused or adjourned, 0. 31, r. 12. Affidavit to ground application is unnecessary, O. 31,r. 12. Issues may be raised and question of right to discovery reserved, O. 31, r. 20. Limited discovery may be granted, O. 31, r. 12. Master in chambers has jurisdiction to deal with application, 0. 54, r. 12. Order, form of, K. 17. Security must first be given ; see Costs infra. Affidavit of documents shall state what documents the party objects to produce O. 31, r. 13. Office copy need not be taken, O. Co, r. 27, reg. 54. 214 Discovery of Documents {continued). Shall be in form B. 8, with any requisite "variation,. O. 31, r. 18. Costs shall be secured, and allowed as costs in the cause only where iTasonablo, 0. 81, r. 25. Payment into court of £5 before application for discovery, and of additional sum if directed, 0. 81, r. 2G. Pajonent out of the money paid in, after final disposal ol the cause, 0. 31, r. 27. Receipt, copy of, shall be served ynth. order for discovery, O. 31, r. 26. Disobedience to order renders party liable to attachment, O. 31, r. 21. And if a plaintiff to have action dismissed, O. 31, r. 21. [] „ defendant to have defence struck out, O. 31, r. 21. Inspection of documents ; see Inspection. Interpleader issue, application of 0. 31 to an, 0. 57, r. 13. Production on oath may be ordered at any time,. O. 31, r. 14. Referee has the same authority with respect to, as a judge of the H. C, O. 36, r. 50. Service of order on solicitor is sufficient to found application for attachment, but party may show ignorance of order, 0. 31, r. 22. . Sheriff may be ordered to give discovery by the officer actually concerned, O. 31, r. 28. Solicitor is liable to attachment if he does not give notice of order to his client, O. 31, r. 23. Time for making discovery runs only from service of receipt of payment into court, O. 31, r. 26. Dismissal of Action — Claim, statement of, not delivered, 0. 27, r. 1. Counterclaim maybe proceeded with, though action dismissed,. O. 21, r. 16. Decision of point of law^ disposing of whole action, 0. 25, r. 3. Discovery or inspection of documents, non-compliance with order for, 0. 31, r. 21. Interrogatories, non-compliance with order to answ^er, 0. 31, r. 21. 215 Dismissal of Action {continued). Notice of trial not given, 0. 36, r. 12. Order, form of, K. 15. Pleadings showing no reasonable cause of action, or that action frivolous or vexatious, O. 25, r. 4. Trial, non-appearance of plaintiff at, 0. 36, r. 32. District Registrars- Appointment of, § 60, and ]X 22. Deputy, t 22. Joint district registrars, §§ 13. Judge of H. C has control over, O. 35, r. 11. Jurisdiction of: — Accounts and inquiries may be ordered to be taken before, § QQ. Appeal to judge by indorsement of summons, or notice within six days, O. 35, r. 9. Chancery actions, in, O. 35, r. 12. Master in chambers has no jurisdiction on the appeal, O. 54, r. 12 (/). Stay of proceedings, appeal shall not be a, unless so ordered, O. 35, r. 10. Chambers, authority and jurisdiction in, O. 35, r. 6. Applications how made, O. 35, r. 7. Debtors Act, summonses under, shall be heard by, but if a case for committal, shall be adjourned to the judge, O. 54, r. 19. Oath, power to administer, § 62. Reference of matters to judge, 0. 35, r. 8. Chancery actions, in, O. 35, r. 12. Writs of summons may be issued by, § 64. But not in probate actions, O. 5, r. 1. List of district registrars, order in council, 12th Aug., 1875. Monies paid into court, registrar shall account to treasury, 0. 35, r. 23. Officer of supreme court, registrar is an, §§ 13. Offices of; see District Registries. Partner of, cannot act as solicitor or agent for any party to any|[proceeding in D. R., W 22. 216 District Registrars {continued). Qualification of, § (JO. Registrars of inferior courts of record are qualified, §§ ] -S. Solicitor or agent, registrar cannot act, by self or partner, for any party to any proceeding in his registry, ijll: 22. Supreme court, registrar is an officer of, and subject to the jurisdiction of, §§ 13. Courts and judges have control over, O. 35, r. 11. District Registries — A. Actions in ; B. Generally. A. Actions in. Actions may be commenced in, § G4. But not a probate action, O. 5, r. 1. When commenced shall be continued therein down to and including final judgment, 0. 35 r. 1. Appearance ; see Appeaeance. Costs shall be the same as in London, O. 65, r. 27, reg 43. Taxed, shall be, in D. K unless otherwise ordered, O. 35, r. 4. Chamber applications in : — Charging orders nisi, unless otherwise ordered, 0. 35, r. 5 (e). Debtor summonses, O. 35, r. 4. Execution, leave to issue or renew writs of, O. 35, r. 5 (6). Garnishee orders nisi, and examination of judgment debtor for garnishee purj)oses, O. 35, r. 5 (c). Jurisdiction of registrars in chambers, 0. 35, r. 6. Appeal to judge within six days, O. 35, r. 9. Chancery, actions in, O. 35, r. 12. Chancery affidavits used in London shall be there filed, O. 35, r. 21. Consent to give jurisdiction shall not bar appeal, O. 35, r. 9. No stay of proceedings, unless so ordered, 0. 35, r. 10. Reference to judge, O. 35, r. 8. Chancery actions in, O. 35, r. 12. 217 District Registries {continued). A. Actions in (continued). Chancery affidavits used in London shall be there filed, O. 35, r. 21. Execution shall issue from, unless otherwise ordered, O. 35, r. 4. Leave to issue or renew shall be applied for in D. R., O. 35. r. 5 (h). Forms in'appendices shall be used with such variations as circumstances require, O. 35, r. 24. Judgments, entry of in D. E, : — Account order for an, on default, or by consent, 0. 35, r. 1. Assessment of damages, final judgment after, 0.35,r. 1. Default of appearance, on, when judgment may be entered where defendant has the option of appearing in London, O. 13, r. 11. Final judgment shall be entered in D. K, O. 35, r. 1. Interlocutory, for default of appearance or defence, O. 35, r. 1. London, when to be entered in, and office copy transmitted to D. E., O. 35, r. 3. Money paid into court shall be accounted for by district registrar to treasury, O. 35, r. 23. Pleadings shall be filed in D. K, O. 19, r. 19. Proceedings, all, down to and including final judgment shall be taken in D. R, O. 35, r. 1. Removal from J). R : — Defendant may, after appearance and before defence, remove action as of right in following cases : — Admiralty action in rem, O. 35, r. 13 (4). Writ specially indorsed, and no summons for judgment under O. 14, served \\dthin four days after appearance, 0. 35, r. 13 (1). Writ specially indorsed and leave to defend under O. 14 given, O. 35, r. 13 (2). Writ not specially indorsed, O. 35, r. 13 (3). Order for removal may be obtained by any party on sufficient reason, ^ Go ; O. 35, r. 16. 218 District Registries {contlmied). A. Actiona in {cotitinucd). Removal shall be effected by notice to opposite parties, and district registrar, 0. 35, r. 14. Action shall theroupoil proceed as if com- menced in London, | Go. Certificate that defence not delivered and time not expired shall accompany notice of removal, 0. 35, r. 15. Judge may overrule notice where defendant is merely a formal defendant, § 65. Notice of an address for service in London shall be given by defendant to plaintiff, 0. 35, r. 18. Proceedings and original documents shall be transmitted fi-om D. R. to London, § 65. And a copy of all entries in the books of the district registry, O. 35, r. 20. Removal of action to D. R. from London may be ordered on application of any party on sufficient reason, O. 35, r. 17. Writs of summons may be issued in D. R. by plaintiff wherever resident, § 64. Except in probate actions, O. 5, r. 1. Forms : — General form ... ... A, part I., No 3. For service out of jurisdiction „ „ 7. Li admiralty action ... „ ,,12. Specially indorsed writ ... „ „ 4. For service out of jurisdiction „ „ 8. Indorsement of address of plaintiff, of his solicitor, or agent issuing writ, and of address for service, O. 4, r. 3. Name of registr}' shall be marked, 0. 5, r. 13. Notice of writ in lieu of service to be given out or the jurisdiction, form of, A. part L, No 10. Statement where defendant resides within the district, that defendant shall appear in D. R., 0. 5, r. 4. 219 District Registries {contimiel). A. Actluns ill (continued). Where defendant does not reside Avithin the district, that defendant has the option of appearing in London, 0. 5, r. 3. B. Generallij. Copies sealed with seal of D. R. shall be received in evidence throughout the_^United Kingdom without further proof, § 61. Documents in any cause in H. C. may be ordered to be produced in D. R., § 66. Entry in D. R. of action for trial at assizes, O. 36, r. 22. Expunging entry where trial postponed or action withdi'a^vn, 0. 36, r. 25. Transmitting list of entries and copies pleadings to associate, O. 36, r. 26. Trial shall be according to order of plaintiff's entry when both parties enter for trial, 0. 36, r. 28. Established, D. Rs. may be by order in council, § 60. Inquii'ies and accounts in any cause in H. C. may be ordered to be made and taken in a D. R., § 66. Report of district registrar thereon may be acted upon as to court shall seem fit, § 66. List of D. Rs., order in council, 12th Aug. 1875. Monies paid into court shall be accounted for b}^ district registrar to the treasury, O. 35, r. 23. Oath, district registrar has power to administer, § 62. Offices shall be open on every day and hour on which offices of the county court are to be open, 0. 63, r. 7. Whitsun vacation in the Manchester registry, 0. 63, r. 10. Power to establish D. Rs. § 60. Proceedings in a D. R. shall be subject to the control of the court or a judge as fully as in London, O. 35, r. 11. Proceedings issued out of and under seal of D. R. shall be received in evidence throughout the United King- dom without further proof, § 61. Records shall not be taken out of a D. R. without an order, 0. 35, r. 22. 220 District Registries {continued). B. Generally {continued). Seal of D. Rs., § 61. SuhjJoena for production of a record of a D. R. shall not issue, O. 35, r. 22. Trial at assizes ; see Entry, supra. Distringas against Ex- Sheriff (nuper vice-comitem) — May be issued and executed as heretofore, O. 43, r. 5. Proicipe for writ, G. 11. Writ, form of, H. 14. Distringas on Stock — See Charging Stock or Shares. Divisional Courts of Court of Appeal — Constituted may be, and their sittings regulated by order, -1-16. Discharge, may, or vary vacation orders made by a single judge, § 52. Divisional Courts of High Court of Justice — A. Constitution ; B. Judges ; C. Jurisdiction and Business. A. Constitution. Constituted, shall be, by two or three, and no more, judges, and, except where impracticable, by three judges, § 40. Shall be constituted by two judges and no more, unless president of division, with concurrence of the other judges, considers a greater number requisite, -f- 17. Chancery Division, divisional courts may be held for business of, § 43, Inferior courts, divisional courts for hearing appeals from, §45. Court shall be such court as L. C J. shall from time to time detennine, O. 59, r. 4. Decision final, unless special leave to appeal be given, § 45. 221 Divisional Courts of High Court of Justice {continued). A. Constitution {continued). Number, any, of divisional courts, may sit at the same time, § 40. President shall be the senior jvidge present, § 40. Probate, Divorce or Admiralty Division, divisional courts may be held for the business of, § 44. Queen's Bench Division, divisional courts shall, when practicable, include one or more of the judges of the Q. B. D., § 41. Yacation judges may sit together as a divisional court, as occasion shall require, O. 63, r. 12. B. Judges. Every judge of the H. C. shall be qualified to sit in any di\dsional court, § 40. Shall, if required, take j)art in the sittings of divi- sional courts of the Q. B. D., § 41. Shall be qualified to hear and determine appeals from inferior courts, O. 59, r. 4. President, shall be the senior judge present, § 40. C. Jurisdiction and Business. All or any part of the jurisdiction of the H. C. shall be exerciseable by divisional courts, § 40. Appeals from awards or certificates in compulsory references, O. 59, r. 3. Powers of divisional courts thereon, O. 59, r. 3. Appeals from a chamber decision in Q. B. D. shall be to a divisional court, O. 54, r. 23. Banc, business formerly heard in, may be heard by divisional courts, § 41. But shall, as far as practicable and convenient, be heard before a single judge ; and, after trial, before judge who tried, *f" 17. Exception : proceedings and matters which must be heard before a divisional court, O. 59, r. 1 : — Appeals from chambers in Q. B. D. „ „ revising barristers. „ under sec. 6 of County Courts Act, 1875. 222 Divisional Courts of High Court of Justice [continued). G. Jurisdiction and Business {continued). Cases stated by the railway commissioners. Crown side of Q. B, D., proceedings on. Election petitions, proceedings relating to. Habeas corpus, where made returnable before a divisional court. New trials, applications for. Proceedings directed by statute to be taken before the court, where the decision is final. Revenue side of Q. B. D., proceedings on. Special cases, where all parties agree that the same be heard before a divisional court. Matters not proper to be heard by a single judge shall be heard by divisional courts, § 40. Cases and points may be reserved for argument or directed to be argued before divisional courts, § 46. Vacation judges may sit together as a divisional court and may hear and dispose of all actions, etc., to which- ever division the same may be assigned, O. 63, r. 12. Divisions — A. Supreme Court; B. Court of Appeal; C. High Court of Justice. A. Supreme Court. Shall consist of two permanent di\dsions, the H. C. and the C. A., § 4. Jurisdiction of each, § 4. B. Court of Appeal. May sit in two divisions at the same time, §§ 12. C. High Court of Justice. Consolidation of C. P. and Exch. divisions in Q. B. D ; order in council IGth Dec. 1880. Divisions of, § 31 : — Chancery Division ; see that title. Probate, Divorce and Admiralty Division ; see that title. Queen's Bench Division ; see that title. 223 Divisions {continued). G. High Court of Justice (continued). Number of divisions may be reduced or increased by order in council made on the report of the council of judges, § 32. Officers ; see that title. Option of plaintiff to choose division, §§11. Division shall be marked, 0. 5, r. 4. Pleadings shall be marked, 0. 19, r. 11. Transfer ; see that title. Validity of proceedings taken in wrong division, §§ 11. Writs of summons shall specify the division to which action assigned, O. 2, r. 1. Presidents of divisions, § 31. Divorce Court — Consolidated in Supreme Court, § 3. Its jurisdiction transferred to H. C, § 16. Divorce Division of High Court of Justice- See Probate, Admiralty and Divorce Division. Divorce Suit — Appeal to be brought to C. A. instead of full court, H 9 ; When final, ++ 9. Against decree absolute does not lie where appeal against decree nisi neglected, || 10. Assigned to P. D. and A. Div. of H. C, § 34. But not unless same could have been commenced in the Divorce court before- the Act, §§ 11. Court of Divorce consolidated in Supreme Court, § 3. Its jurisdiction transferred to H. C, § 16. Rules, existing, to remain in force, §§ 18. Proceedings in divorce not affected by rules, O. 68, r. 1. Saving of powerof judg3 of Divorce Court to make rules, §§18. Documents — See Chambers — Copies — C jstody — Discovery — Evidence — Inspection — Pleadings. 224 Duration — Order of conimitnicnt under the Debtor's Act, one year, unless renewed, O. 42, r. 25. Siobpcena, twelve weeks from teste, 0. 37, r. 34. Writ of execution, one year, unless renewed, O. 42, r. 20. Renewed, one year, O. 42, r. 20. Writ of summons, twelve months, 0. 8, r. 1. Concurrent, same period as original \mt, O. 6, r. 1. Renewed, six months, O. 6, r. 1. Durham, County Palatine of— See County Palatine of Durham, E Easter — Holidays in offices of Supreme Court, 0. 63, r. 6. Sittings commence Tuesday after Easter week, end Friday before Whitsunday, 0. 63, r. 6. Both days inclusive, O. 63, r. 5. Yacation, commences Good Friday, ends Easter Tuesday, O. 63, r. 4. Both days inclusive, O. 63, r. 5. Ecclesiastical Causes — Power to make rules as to, -f- 14. Education — Infants, rules of equity shall prevail, § 25 (10). Ejectment — See Land, Action to Recover. Election Petitions, Parliamentary — See Parliamentary Election Petitions. 225 Elegit— Executed shall be, and shall have the same force as heretofore, 0. 43, r. 1. Judgment for money and costs, elegit may issue immediately upon any, 0. 42, r. 17. Praecipe for, G. 2. Writ, form of, H. 3. Writs, in aid of, preserved, O. 43, r. 5. And see Execution. Enlargement of Time — Costs of, shall be in discretion of taxing master, 0. 65, r. 24. More than one extension not allowed, unless necessary and unavoidable, ib. General power of enlargement, O. 64, r, 7. Pleadings, answers or other documents, time for, may be enlarged by consent, O. 64, r. 8. Enquiries — See Inquiries. Enrolment — Abolition of office of clerk of enrolments. ]: 14. Acknowledgments for the purpose of, may be made before the clerk of enrolments, or a master, 0. 61, r. 12. Before whom to be made in Scotland Ireland, or foreign parts, O. 38, r. 6. Deeds directed to be enrolled in any court whose jurisdiction is transferred to H. C. may be enrolled in central office, O. 61, r. 9. Department of central office, 0. 61, r. 1. Judgments and orders need not be enrolled, O. 61, r. 8. Office of em-olments, amalgamated with central office, I 5. Recognizance shall not be enrolled after six months, except under special circumstances, and by order, O. 61, r. 14. Records sent to public record office in two years, O. 61, r. 13. Scheme under Railway Act 1867, shall be enrolled in central office, O. 61, r. 10. Search by officer, and certificate of result, O. 61, r. 23. Q 226 Entry- See Appeal — Appearance — Chancery Registrars — Judgment — Special Case — Trial. Equipment of Ship — Claim, form of statement of, C. sec. 3, No. 4. Defence, form of, D. sec. 3, No, 4. Equitable Rights, Relief and Rules- Administration of assets of a deceased insolvent's estate, the same rules shall prevail as in bankruptcy, §§ 10. Assignment of debts and choses in action, with notice in writing to debtor, shall be effectual in law, § 2.5 (6). Debtor may interplead or pay debt into court if assign- ment disputed, § 25 (6). Cestui que trust, claim of, against trustee under an express trust, shall not be barred by any statute of limitations, §25(2). Company, in winding up of any, under the Companies Acts, the same rules shall prevail as in bankruptcy, §§ 10. Conflict or variance between equity and law, in cases of, rules of equity shall prevail, § 25 (11). Contract, stipulations not of the essence of, shall be construed as in equity, § 25 (7). This applies from the commencement of the Act, §§ 10. Equitable claims, all just remedies shall be granted in respect of, § 24 (7). Equitable estates, etc. appearing incidentally, shall be recog- nised by the Supreme Court, § 24 (4). Claimed by plaintiff shall be awarded as in chancery before the Act, § 24 (1). Claimed by defendant shall be awarded as in chancery before the Act, § 24 (2). And such relief as defendant shall have claimed by his pleading, and as might have been granted in a cross suit, may be granted, § 24 (3). Claimed against third parties, § 24 (3). Equitable rights shall be recognised and enforced by the Supreme Court, § 24. 227 Equitable Rights, Relief, and Rules {continued). Equitable waste, right to commit, shall not be implied, § 25 (3). Infants, in questions relating to custody and education of, rules of equity shall prevail, § 25 (10). Inferior courts, administration in, of equitable and legal relief, § 89. Rules enacted in the Act, shall receive effect in all courts whatsoever, § 91. Injunctions ; see that title. Legal claims, estates, etc., all, shall, subject to provisions of the Act, be recognised by the Supreme Court, § 24 (6). All just remedies in respect thereof shall be granted, §24(7). Legal rules enacted in Act, shall receive effect in all courts whatsoever, § 91. Merger by operation of law, where beneficial interest is not merged, abolished, § 25 (4). Mortgagor may sue alone for possession of or trespass to land, etc., where mortgagee has not given notice to take pos- session, § 25 (5). Multiplicity of legal proceedings shall be avoided, | 24 (7). Prohibition to restrain proceedings in Supreme Court, shall not be granted, § 24 (5). Receivers ; see that title. Staying proceedings ; see that title. Equity — See Equitable Rights, Relief and Rules. Error — Amendment of defects or errors in any proceeding, 0. 28, r. 12. Criminal cause or matter, no appeal in any, save for error in law on the record, § 47. Non-compliance with rules, not to render proceedings void, O. 70, r. 1. Orders and judgments, correction of clerical mistakes in, and of errors from accidental slips or omissions, O. 28, r. 11. Q 2 228 Evidence— A. Generally ; B. In special cases ; G. Examination of Witness; D. ^idjpoena; E. Perpetuating Testimony. A. Generally. Admissions ; see that title. Affidavits ; see that title. Particular fact or facts may, by leave, be proved by, 0. 37, r. 1. Answers to interrogatories, how used in evidence at trial, O. 31, r. 24. Costs, all just and reasonable, in procuring evidence, are to be allowed, O. 65, r. 27, reg. 9. Counsel's reasonable fees in advising on, are to be allowed, O. 65, r. 27, reg. 15. Cross-examination of witness, right of opposite party thereto protected, O. 37, r. 1. Disallowance of vexations or irrelevant questions, 0. 86, r. 38. Depositions may be given in evidence, by leave, on terms, 0. 37, r. 5. Discovery of documents ; see that title. Documents sealed in D. R., shall be received in evidence, §61. So also where sealed in central office, O. 61, r. 7. Stamped, shall be, when liable thereto, before being received in evidence, §§ 26 (4). Experiments may be made for the purpose of obtaining, O. 50, r. 3. Inspection of documents ; see that title. Inspection of property for the purpose of obtaining evi- dence, 0. 50, r. 3. Interrogatories ; see that title. Office copies shall be admissible to the same extent as the originals would be, O. 37, r. 4. Sealed in central office, shall be presumed to be office copies, O. 61, r. 7. And see Documents, supra. Parties may agree as to mode of giving evidence at trial, O. 37, r. 1. 229 Evidence {continued). A. Generally (continued). Preliminary question of law may be decided before evidence is given or facts tried, O. 34, r. 2. Printing ; see that title. Production of documents ; see that title. Reading evidence taken in another cause or matter, O. 37, r. 3. On ex 'parte applications by leave, and in other cases upon notice, O. 37, r. 3. Rules of evidence not affected by Act or rules, §§ 20. Samples, taking of, for the purpose of evidence, O. 50, r. 3. Stamp, documents requiring any, shall be stamped before being received in evidence, §§ 26. Subsequent proceedings, evidence taken at a trial may be used in any, in the same cause or matter, 0. 37, r. 25. B. In special cases. Admiralty, default actions in rem, evidence may be given by affidavit, O. 37, r. 2. Answers to i nterrogatories, how used in evidence at trial, O. 31, r. 24. Appeal to C. A, evidence on ; see Appeal, C. Books of account may be directed to be taken as priTrvd facie evidence on issues, inquiries and accounts, O. 33, r. 3. Infants and lunatics, effect of consent as to mode ot taking evidence, 0. 16, r. 21. Interpleader, applicant's evidence upon, O. 57, r. 2. Libel and slander, evidence in mitigation of damages cannot be given without leave, unless particulars furnished seven days before trial, O. 36, r. 37. Motion, on any, evidence may be given by affidavit, O. 38 r. 1. Originating summons, in administration or execution of trusts, evidence upon, O. 55, r. 7. Petition, on any, evidence may be given by affidavit, 0. 38, r. 1. Referee, evidence on trial before, 0. 36, r. 49. 230 Evidence {continued). B. In Hpecial cases (conttmced). Renewed writ of summons, evidence by renewal seal, O. 8, r. 2. Summons, on any, evidence may be given by affidavit, 0. 38, r. 1. Trial by jury, oral evidence on, §§ 20. Witnesses shall be examined viva voce in the absence of any agreement or order, 0. 37, r. 1. C. Examination of Witness. Commission, (short) order for, shall be K. 36, with any requisite variation, 0. 37, r. 6. Long order, K. 37. Writ of, shall be J. 13, with any requisite variation, 0. 37, r. 6. In P. D. andA. Div, J. 14. Proecipe for, G. 17. Conduct money, expenses and loss of time, witness shall be entitled to as on a trial, O. 37, r. 9. Counsel, solicitors or agents, and parties, examination shall take place in presence of, 0. 37, r. 11. Cross-examination and re-examination, witness shall be subject to, O. 37, r. 11. Practice as to, at a trial, shall apply, 0. 37, r. 22. Depositions may be given in evidence on such terms, if any, as may be directed, O. 37, r. 5. Consent necessary, unless deponent be dead, out of jurisdiction or unable from sickness, etc., to attend trial ; when, if certified by examiner, depositions shall be admissible, saving all just exceptions, 0. 37, r. 18. Filed, shall be, in central office, O. 37, r. 16. Filed or made before issue joined, shall not be ad- missible without special leave, unless within one month after issue joined notice be given of intention to use same, 0. 37, r. 24. Printed, shall be, when filed, for use on trial, 0. 6Q, r. 5. 231 Evidence {continued). G. Examination of Witness {continued). Unless previously used without being printed, O. 66, r. 6. Written so as to represent statement of witness, shall be, 0. 87, r. 12. Question and answer, any particular, may be put down, O. 37, r. 12. Question objected to, shall be taken down, and examiner shall state his opinion thereon, and refer thereto in the depositions, but shall not decide on the materiality or re- levancy of any question, O. 37, r. 12. Read over and signed, shall be, 0. 37, r. 12. Disobedience of any order for attendance, is contempt of court, O. 37, r. 8. Evidence taken subsequently to the trial shall be taken in same manner as evidence at, or with a view to, a trial, 0. 37, r. 21. Special directions as to, may be given, O. 37, r. 23. Examiner shall be furnished with copy \vrit and plead- ings, or documents necessary to inform him of the questions at issue, 0. 37, r. 10. Cannot decide on the materiality or relevancy of any question, 0. 37, r. 12. Power to administer oaths, O. 37, r. 19. Examination of a witness, practice as to, at a trial shall apply, O. 37, r. 22. Shall take place in presence of parties, counsel, and solicitors or agents, O. 37. r. 11. Interrogatories, examination may be ordered to be on, O. 37, r. 1. Notice of intention to use affidavit or deposition filed or made before issue joined, 0. 37, r. 24. Objection may be made to any question, O. 37, r. 12. When by witness, shall be taken down and filed, and its validity decided by the court or judge, O. 37, r. 14. Witness may be ordered to pay costs, 0. 37, r. 15. 232 Evidence {continued). C. Examination of Witness {conti^iued). Order (short) for commission shall be K. 36, with any requisite variation, O. 37, r. 6. Long order, K. 37. Order for examination of witness may be made where necessary for the purposes of justice, O. 37, r. 5. Form of, K. 35. Place, examination may be ordered to be taken at any, O. 37, r. 5. Production of documents may be ordered, O. 37, r. 7. No person shall be compelled to produce documents which he could not be compelled to produce at trial, 0. 37, r. 7. Refusal of witness to sign deposition, on, examiner shall sign, O. 37, r. 12. Refusal of witness to attend, or to be sworn, or to answer, on, certificate of examiner shall be filed, and party may apply ex parte, or on notice for an order, O. 37, r. 13. Costs may be ordered to be paid by witness, O. 37, r. 15. Special report may be made touching the examination, and the conduct of any witness or person, O. 37, r. 17. Court or judge may direct such proceedings and make such order thereon as is just, O. 37, r. 17. Subpoena ad test, or duces tecum may be issued as at a trial, O. 37, r. 20. D. Suhjjcena. Ad test, may contain any number of names, O. 37, r. 29. A separate fee is allowed for every three names ; see appendix N., title " Writs, Summonses, and Warrants." Forms .shall be as follows, O. 37, r. 27. General form ... ... ... J. 1. At assizes ... ... ... J. 4. At sittings of High Court ... • • • J- 6. 233 Evidence {continued). D. Subpoena {continued). Chambers, siihpceva for production of proceedings in issues upon judge's note, 0. 37, r. 28. Costs, suhpccna for, abolished, O. 43, r. 7. Errors may be corrected before service, and the sahjHxraa resealed, O. 37, r. 31. Duces tecutn for affidavit or record of court shall not issue, O. 61, r. 28. Nor in D. K, 0. 35, r. 22. Duces tecum shall not contain more than three names, and a separate suhpaena for each witness may issue if necessary or desirable, 0. 27, r. 30. Forms shall be as follows, with any re(]uisite varia- tion, O. 37, r. 27. General forin ... ... ... J. 3. At assizes ... ... ... J. .5. At sittings of High Court ... ... J. 7. Duration, twelve weeks from teste, O. 37, r. 34. Habeas corpms ad test, form of, J. 2. New "\\Tit may, if so directed, issue without further fee, where party brought up and trial or hearing postponed, 0. 36, r. 35. Prcecipe, G. 16. Prcecipe for siibjjoeua, shall be filed, 0. 37, r. 26. Form shall be G. 21, O. 37, r. 26. Service, copy shall be delivered and original produced, O. 37, r. 32. Affidavit of service must state when, where, how, and by whom served, O. 37, r. 33. Must be made within twelve wx'cks from tesff, ( ). 37, r. 34. E. Perpetuati ii, ,. ., r. (See supra. ' i) eh very, writ oi j ^ Sequestration ; see infra. Saving as to existing modes of enforcing judgments and orders, 0. 42, r. 28. Saving as to order in Avhich writs of execution may be issued, O. 42, r. 29. Separate writs for money and costs may issue, the second writ being for costs only, and issuing not less than eight days after the first, 0. 42, r. 18. Sequestrari facias de bonis ecclesiasticis, shall be delivered to the bishop for execution, 0. 43. r. 4. Executed may be, in same manner as heretofore, 0. 43, r. 5. Shall be executed by bishop, 0. 43, r. 4. Fees of bishop shall be such as may be allowed by lawful authority, O. 43, r. 4. Issued may be in same cases and manner as hereto- fore, 0. 43, r. 5. Issued may be where upon return to fi. fa. or elegit, it appears that defendant is a beneficed clerk, and has no goods, nor lay fee, in sheriff's bailiwick, 0. 43, r. 3. Returned by bishop, writ when, shall be delivered to party suing same out, and be filed in central office, 0. 43, r. 4. Writ, form of, H. 7. Prcecipe, G. 5. 240 Execution {continued). A. What Executions may issue {continued). Sequestration may, without any order, issue to enforce judgments against or for : — Beneficed clerks, 0. 43, r. 8. Corporations, O. 42, r. 31. Payment of money into court, O. 42, r. 3. Property other than land or money, O. 42, r. 6. Requiring any act to be done within a limited time, O. 43, r. 6. Effect shall be as heretofore in chancery, O. 43, r. 6 . Form, H. 13. Judgment or order must be served, and a refusal or neglect to obey same obtained, in certain cases, before writ can issue, O 43, r. 6. Leave to issue is necessary where sequestration is issued for payment of costs, O. 43, r. 7. Proceeds may be dealt with as heretofore in chan- cery, O. 43, r. 6. Third parties, execution by and against, O. 42, r. 26. Venditioni exponas, when same may issue, 0. 43, r. 2. Form of, H. 4. B. When Execution may issue. Appeal is no stay of execution, unless so ordered, 0, 58, r. 16. Conditional or contingent judgment or order, leave to issue execution on a, is necessary, O. 42, r. 9. Counterclaim, execution shall not issue, without leave, on a judgment for unanswered part of plaintiff's claim, where there is a, O. 27, r. 9. Demand unnecessary ; party is bound to obey judgment or order on being served therewith, O. 42, r. 1, Execution may issue on a judgment or order for money or costs as soon as the same be payable, unless a stay is ordered, O. 42, r. 17. On other judgments or orders (not being for recovery of land) in fourteen days, unless otherwise ordered, O. 42, r. 19. Issue, execution may, within six years, O. 42, r. 22. 241 ZExecution {continued). B. When Execution may issue {continued). Land, writ of possession may issue on filing affidavit (jf due service and disobedience of judgment or order, O. 47, r. 2. Leave necessary after six years, or where any change in the parties has taken place, 0. 42, r. 23 (a). Where a husband is entitled or liable upon a judg- ment or order for or against a wife, 0. 42, r. 23 (/>). Where party is entitled upon judgment of assets in, futuro, 0. 42, r. 23 (c). Where execution is against shareholders upon a judgment against a company or officer thereof, O. 42, r. 23 {d). Speedy execution, court or judge may grant, O. 42, r. 19. Stay of execution, appeal is no, unless so ordered, O. 58,r. 16. Court may order stay of execution at or after judgment or order, O. 42, rr. 17, 19. Where facts arise too late to be pleaded, 0. 42, r. 27. <7. Form of and how issued. Date, shall be date of issue, 0. 42, r. 14. District registry, writs of execution shall issue from, where cause or matter is proceeding in, O. 35, r. 4. Expenses of execution may be levied over and above the sum recovered, O. 42, r. 15. Forms of writs of execution in appendix H. shall be used, mth any requisite variation 0. 42, r. 14. Attachment Delivery „ or assessed value . . . Distringas against sheriff Elegit Fieri Facias „ de bonis ecclesiasticis „ „ „ to archbishop „ on order for costs „ on judgment removed from Lord Mayor's Court ... ... ... H. 15. K. 12. H. 10. H. 11. H. 14- H. 3. H. ]. H. 5. H. 6. H. 2. 242 H. 8 H. 9 H. 13 H. 7 H. 4 JSxecution {continued) C Foi'7)i of and hoiu issued {continued). Possession ... „ Admiralty Sequestration Sequestrari facias de bonis ecclesiasticis Venditioni exponas Indorsement of name and address of" solicitor and agent issuing execution, or of party in person, O. 42, r. 13. Of levy on writs for recovery of money, O. 42, r. 16. Judgment or order, or an office copy, must be produced to officer on issuing execution, and officer shall be satisfied that proper time has elapsed, O. 42, r. 11. Levy shall be endorsed on wiits for recovery of money, O. 42, r. IC. Poundage and expenses may be levied, 0. 42, r. 15. l^racipe shall be filed. Forms in appendix G. shall be used with any requisite variation, O. 42, r. 12. Attachment ... Delivery Distringas against sherift' . . . Elegit Fieri facias „ de bonis ecclesiasticis Possession ... Sequestration Sequestrari facias de bonis ecclesiasticis Venditioni exponas G. 10. G. 8. G. 11. G. 2. G. 1. G. 4. G. 7. G. 6. G. 5. G. 3. J). Effect, Duration, Renewal and Return. Definition of terms " writ of execution " and " issuing execution against any party " when used in rules, O. 42, r. 8. Duration, -writs shall remain in force one year only, unless renewed, O. 42, r. 20. Exinewal of writ within one year by leave, O. 42, r. 20. Production of writ or notice duly sealed shall be sufficient evidence of renewal, O. 42, r. 21. Form of notice of renewal, B. 21. 243 Execution {continued). D. Effect, Duration, Renewal and Return {continued). Return shall be made upon notice and without any order, O. 52, r. 11. Committal of sheriff for noncompliance with notice, O. 52, r. 11. E. Discovery in Aid of. Examination of debtor as to debts due to him, and as to his property, where judgment or order is for recovery or payment of money, O. 42, r. 32. Order may be made for attendance and examination of debtor or of any other person and for produc- tion of books and documents, 0. 42, r. 32. Form of order, K. 46. Examination of any party where difficulty arises in enforcing judgment or order other than for recovery or payment of money, O. 42, r. 33. In either of the above cases costs shall be in the discretion of the court or judge, or examining officer if so directed, 0. 43, r. 34. Execution of Trusts — See Administration and Execution of Trusts. Executors and Administrators — Account, in action for an, writ of summons shall be indorsed with a claim therefor, O. 3, r. 8. And see Account, Action for. Administration and execution of trusts ; see that title. Beneficiaries shall be deemed to be represented by the executor or administrator, O. 16, r. 8. Costs, saving of right to, out of estate or fand where pro- ceediugs have not been unreasonably instituted, carried on, or resisted, O. 65, r. 1. Joinder : certain personal claims may be joined with claims by or against an executor or administrator, O. 18, r. 5. Judgment of assets in fiituro, leave to issue execution upon a, is necessary, O. 42, r. 23 (c). B 2 244 Executors and Administrators {continued). Parties : executors or administrators may sue and be sued without joining beneficiaries, who shall be deemed to be represented by the executor or administrator, O. 16, r. 8. Beneficiaries may be joined by order, O. 16, r. 8. Pleading : representative character shall be denied specifically, O. 21, r. 5. Writ of summons shall be indorsed with statement showing representative capacity, 0. 3, r. 4. Forms of statement, A., part III., sec. 7. Exhibit- Accounts, etc. shall not be annexed but referred to as exhibits, O. 38, r. 23. Short title shall be marked on every, O. 38, r. 24. Existing — Interpretation of the term, when used in Act, § 100, % 3, Procedure, existing, preserved, §§ 21 ; 0. 72, r. 2. Experiments- May, by order, be made for the purpose of obtaining infor- mation or evidence, O. 50, r. 3. Application, how made, O. 50, r. 6. Application of this rule to inspection by a jury, 0. 50, r, 5. Experts — Judge in chambers in Ch. Div. may obtain assistance of accountants, merchants, engineers, actuaries and other scientific persons, and may act on the certificate of any such person, O. 55, r, 19. Fees of, shall be regulated by taxing officers, subject to appeal, 0. 65, r. 27, reg. 36. Special referees, § 56, § 57 ; and see that title. Express Trust — Statute of limitations inapplicable to, § 25. Extension of Time- See Enlargement of Time. 245 Fees, Counsels' — See Counsel. Fees in the Supreme Court— . Annual account shall be made out, §§ 28. Charitable Trusts Act, 1853, s. 28, fees payable on proceedings before a judge in chambers, 0. 65, r. 24. When directed to be heard in court, O. 65, r. 25. Costs ; see that title. Existing fees, saving as to, §§ 26. Lord Chancellor may, with sanction of the Treasury, fix, alter, and abolish, §§ 26. Stamps, fee shall be taken by, §§ 26. Unstamped documents shall not be received in evidence, §§ 26. Fieri Facias — Executed shall be, and shall have the same force as heretofore, O. 43, r. 1. Issue, may, on ajudgment or order for money or costs, as soon as same is payable, O. 42, r. 17. Prcecipe for, G. 1. Stay of execution may be ordered, O. 42, r. 17. Writ, form of ... ... ... ... ... ... H. 1. „ on order for costs ... ... ... H. 2. „ on judgment removed from Lord Mayor's Court ... ... ... ... ... H. 15. Writs in aid of, preserved, 0. 43, r. 5. And see Execution — Fieri Facias de Bonis ECCLESIASTICIS. Fieri Facias de Bonis Ecclesiasticis — Executed and issued, may be, in the same cases and manner as heretofore, 0. 43, r. 5. 246 Fieri Facias de Bonis Ecclesiasticis {continued). Fees of bishop and his officers shall only be such as may- be allowed by lawful authority, O. 43, r. 4. Issue may, where it appears on return to Ji fa or elegit that the defendant is a beneficed clerk, and has no goods, chattels or lay fee in the bailwick, and such return has been filed, 0. 43, r. 3. Sealed shall be, and delivered to bishop, O. 43, r, 4. When returned by bishop, shall be delivered to party issuing, and shall thereupon be filed in central office, 0. 43, r. 4. Writ, form of ... ... ... ... ... ... H. 5. „ „ to archbishop ... ... ... ... H. 6. Prcecipe for ... ... ... ... . . . G. 4. And see Execution. Figures- Dates, sums, and numbers in pleadings shall be expressed in figures, 0. 19, r. 4. Filing- Admiralty affidavits or proofs shall be filed in the admiralty registry, 0. 38, r. 10. Affidavits, what, to be filed in central office, 0. 38, r. 10. Chancery cause or matter in district registry, filing in Lon- don documents used in London, 0. 35, r. 21. Crown side of Q. B. D. affidavits used on, shall be filed in the croAvn office department, 0. 38, r. 10. District registry, affidavits used in a, shall be filed there, O. 38, r. 10. Transmission of proceedings filed in, on removal of action to London, ^65. And a copy of all entries in the books of the D, R., O. 35, r. 20. Documents not requiring personal service, where no appear- ance, or no address for service, O. 67, r. 4. Filing and record department of central office, 0. 61, r. 1. Order directing the filing of any document need not be drawn up, O. 52, r. 14. Notice of the order shall be served, O. 52, r. 14. 247 Piling {continued). Pleadings, where no appearance, 0. 19, r. 10. Probate affidavits shall be filed in the probate registry, O. 38, r. 10. Special case, 0. 84, r. 3. Time for filing any document may be enlarged by consent, 0. 64, r. 8. Warrant of arrest in admiralty action in rem, 0. 9, r. 11. Writ of summons, filing of copy of every, 0. 5, r. 12. Final Judgment — See Judgment. Pirms — Plaintiffs : two or more persons may sue in the name of the firm, of which they were partners when the cause of action accrued, 0. 16, r. 14. Demand of names and residences of partners, 0. 7, r. 2. Pleading ; constitution of firm shall be denied specifically, O. 21, r. 5. Summons for names of co-partners, 0. 16, r. 14. Defendants : two or more persons may be sued in name of the firm, of which they were partners when the cause of action accrued, O. 16, r. 14. So where one person carries on business in name of a firm, apparently consisting of more than one person, 0. 16, r. 15. Appearance shall give indi\idual names of partners, O. 12, r.l5. So also if only one member of firm, O. 12, r. 16. Execution against firms, O. 42, r. 10. Judgment or order against a firm, how enforced, 0. 42, r. 10. Pleading, constitution of firm shall be denied specifically, O. 21, r. 5. Summons for names of co-partners, O. 16, r. 14. Writ of summons may be served on partner, or on any person having the control or management of the business, O. 9, r. 6. So also where there is but one person in [the business, O. 9, r. 7. 24s rirms {contitmed). Wliero partnership has been dissolved, every person sought to be made liable shall be served, O. 16, r. 14. Polio- Shall comprise seventy-two words, every figure being counted as one word, 0. 65, r. 27, reg. 14. Poreclosure — Action for, assigned to Chancery Div., § 34 (3). Indorsement of claim on -smt of summons, A., part IIL, sec. 1, No. 4. Pleadings, form of statement of claim ... C, sec. 2, No. 5. Defence, form of ... ... . . . D., sec. 2,^No. 1. By alleged prior incumbrancer ... „ „ 2. Forms- Included in the term " Rules of Court," § 100. Masters may prescribe the use of modified or additional forms, for use in central office, 0. 61, r. 33. Variations, requisite, shall be made, O. 61, r. 32. And see the various titles throughout the index. Fraud — May be alleged in pleadings, without setting out the circum- stances, 0. 19, r. 22. Statement of claim, forms of: — Fraudulent prospectus ... ... C. sec. 6, No. 13. Fraudulent sale of a lease... ... „ „ 14. Statute of frauds must be specially pleaded, O. 19, r. 20. Further Consideration — Chambers in Ch. Div., matter originating in, may be brought on for further consideration, after eight and within four- teen days from the filing of the chief clerk's certificate, by summons taken out after such fourteen da3-s, O. 55, r."72. Chancery Division, in, where cause or matter is adjourned for further consideration, same may after eight and within fourteen days from the filing of chief clerk's certificate be 249 Further Consideration {continued). set do-wn on written request of party having the conduct of the proceedings, O. 36, r. 21. After such fourteen days, on the request of any other party, O. 36, r. 21. Cause shall not be put into the paper until ten days after same set down, 0. 36, r. 21. Notice shall be given in form L. 27 ; 0. 36, r. 21. Request to officer shall be in form L. 26 ; 0. 36, r. 21. Motion for judgment or new trial may be directed to stand over for, O. 40, r. 10. Referee, cause or matter may be remitted to, for further consideration, O. 36, r. 52. Summonses, further consideration on, O. 54, rr. 5, 8. Trial, judge at, may adjourn case for further consideration, O. 36, r. 39. G Garnishee — See Attachment of Debts. General Issue by Statute — How pleaded, 0. 21, r. 19. General Relief- Prayer for, in statement of claim is unnecessary, 0. 20, r. 6. Relief may be given to the same extent as if asked for, O. 20, r. 6. Good Friday — Holiday in offices of Supreme Court, 0. 63, r. 6. Time, Good Friday shall be excluded in computation of less than six days, O. 64, r. 2. 250 Goods, Conversion of— See Conversion of Goods. Goods, Detention of— See Detention. Goods, Sale of— See Sale — Sale of Goods, Action for. Great Seal — Provision as to the, when in commission, § 98. Guarantee — Pleadings, forms of : — Claim, statement of C, sec. 4, Nos. 10, 11. Defence D., sec. 4 ; E., sec. 3, No. 1. Reply E., sec. 1. Writ of summons, forms of indorsement where no special in- dorsement, A. part III, sec. 2, Nos. 35, 38, 40, 49, 50. Special indorsement ... ... C, sec. 4, Nos. 10, 11. Guardian — Affidavit of solicitor, and consent of guardian, on infant appearing by, 0. 16, r. 18. Form of affidavit, A. part II. No. 8. Assignment of, to defend for infant, or defendant non com- pos, on application of plaintiff, O. 13, r. 1. Costs where a solicitor is appointed guardian ad litem may be directed to be paid by parties to the cause or matter or out of any fund in court, 0. 65, r. 13. Evidence, effect of consent, as to mode of taking, 0. 16, r. 21. Evidence required in Ch. Div. on appointment of, 0. 55, r. 25. Infants may defend by, as heretofore, O. 16, r. 16. May not appear except by, O. 16, r. 18. Judge may direct ajjpointment of, where infant served with notice of judgment or order, O. 55, r. 27. Lunatics and persons non compos may defend by, 0. 16, r. 17. Parties, application to discharge or vary order to add new parties, O. 17, r. 6, 251 Guardian {continued). Petition, notice of motion or summons, infant served with, shall appear on the hearing, by guardian ad litem y 0. 16, r. 19. Affidavit of solicitor, and consent of guardian, O. 16, r. 19. H Habeas Corpus ad Testificandum — PrcBcipe, form of, G. 16. Writ, form of, J. 2. New writ may, if so directed, be issued without further fee, where party brought up and trial or hearing post- poned, O. 36, r. 35. Hearing — See Inquiry — Motion for Judgment — Special Case — Trial. Heir at Law — Administration of estate, heir entitled to judgment or order for, may have same without serving co-heir, O. 16, r. 35. Appointment of person to represent heir, where unknown or difficult to ascertain, and his right depends on construc- tion of an instrument which it is convenient to determine before heir is ascertained, O. 16, r. 32. Originating summons for administration of estate or trusts may be taken out by, 0. 55, r. 4. Determination of questions arising thereon, O. 55, r. 3. Will ; plaintiff may make heir a party where he desires to establish the will against him, O. 16, r. 45. Not necessary to make heir a party to any cause or matter to execute tn^sts of a will, O. 16, r. 45. 252 High Court of Justice, The— A. Coiistitidion ; B. Judges ; C. Jurisdiction and Business. A. Const if lit ion. Appeal, judge of Court of, may be requested to sit as judge of H. C, §51. Assessors may be called in to assist in determining actions, § 56. Trial shall take place in such manner as court shall direct, 0. 36, r. 48. Central office ; see that title. Chancery Division ; see that title. Constitution of H. C, § 5. Not affected by vacancy in office of judge, § 7. District registries of; see that title. Divisional courts of; see that title. Divisions ; see that title. Officers ; see that title. President of, § 5. Of divisions, § 31. Of divisional courts, § 40. Probate, Divorce, and Admiralty Division ; see that title. Queen's Bench Division ; see that title. Record, H. C. shall be a superior court of, § 16. Rolls Court, chambers and clerks, power in L. C. to make orders as to, jj 7. Sittings shall be four in each year : commencement and termination of each, O. 63, r. 1, Commencing and ending days included, 0. 63, r. 5. May be held at any time and place, § 26. May be regulated by order in council, §§ 17. Statutes shall be construed as ifH. C. named therein, § 76. Supreme Court, H. C. a division of the, § 4. Title (" Her Majesty's High Court of Justice,") § 4. Vacancy in the office of judge shall not affect the consti- tution of the court, § 7. Vacations may be regulated by order in council, § 27. Four in each year : commencement and termination of each, O. 68, r. 4. 253 High Court of Justice, The {continued). A. Constitution {continued). Commencing and ending days are included O. 63, r. 5. Interval between sittings shall be deemed part of vacation, 0. 63, r. 15. Provision shall be made for the hearing of applica- tions during vacation, § 28. Two judges shall be selected and shall act as vacation judges for one year, O. 63, r. 11. Any other judge may sit in vacation for any vacation judge, O. 63, r. 12. May sit separately or together as a divi- sional court, and dispose of all business, to whatever division the same may be assigned, 0. 63, r. 12. Orders made by, by whom they may be reversed, or varied, O. 63 r. 12. B. Judges. Addressed, shall be, in the manner now customary at common law, § 5. Appeal, any judge of Court of, may be requested by the Lord Chancellor to sit as judge of the H.C., § 51. Appointment of, § 5, to fill vacancies in divisions of the H. C, § 31. Additional judge, ft ^> and see IX 6. To replace M. R., ^ 5. Death or inability to act of judge who has tried the cause or matter, O. 59, r. 2. Deficiency in number of judges, how supplied, § 31. Divisional court, every judge of H. C. may sit in any, § 31, § 40. Divisions of the H. C, judges of, | 31. Existing judges, saving of rights and obligations of, § 11. Special provisions as to existing admiralty judge and registrar, || 8. Extraordinary duties and powers of judges of former courts, provisions as to, § 12. 254 High Court of Justice, The {continued). B. Judges {continued). House of Commons, ho judge shall be capable of being elected to, or sitting in, §§ 5. Jurisdiction of judge, § 5 ; when sitting alone in court or in chambers, § 39. On circuit, § 29. In London or Middlesex, § 30. May direct any case or point to be argued before a divisional court, § 46 ; and see §§ 22. May order references, § 56, 57 ; and see Referees, Official and Special. London and Middlesex, what judges shall hold sittings in, § 37, and §§ 8. Lord Chancellor shall not be deemed to be» a permanent judge of the High Court of Justice, §§ 3.. Marshal, judge's, Act shall not interfere with office of, §77. Middlesex, what judges shall hold sittings in, § 37 ; and see §§ 8. Number of judges shall not at present be reduced, §§ 3, in Ch. Div. ++ 6. Additional judge to replace M. R., "^ 5. Oaths to be taken by, §§ 5. Officers attached to, shall be appointed by, § 84. Personal officers of, § 79 ; not entitled as such to pensions or compensation, § 85. Parliamentary election petitions, who to be placed on the rota for the trial of, +i 13. Pensions of, § 14 ; how payable, § 15. Precedence of, §§ 6. President of H. C, §. 5 ; of divisions of H. C, § 31, of divisional courts, | 40. Probate, Divorce, and Admiralty Division, any judge may be requested to hear cause in the, § 44. Puisne judge, definition of, -f-f- 5. Qualifications of, § 8. Removal of, §§ 5. Resignation of, § 7 255 High Court of Justice, The {continued). B. Judges {continued). Salaries of, § 13. How payable, § 15. Sergeant at law, judge shall not be required to take degree of, § 8. Sittings in London and Middlesex, what judges shall hold, § 37 ; and see §§ 8, Style and title of, -H* 4 ; how addressed, | 5 ; and see |J 8. Tenure of office of, §§ 5. Title, ft 4 ; of president of P. D. and A. Div. ++ 8. Transfer of judge from one division to another, § 31. Urgency, in cases of, one judge may officiate for another, ++12 Vacancy in the office of judge, courts shall be deemed duly constituted notwithstanding, § 7. Judge appointed to fill vacancy shall belong to the same division as his predecessor, § 31. Any other judge may officiate on interlocutory applications, II 12. Vacation judges, O. 63, r 11. May sit separately or together as a divisional court, O. 63, r. 12. O. Jurisdiction and Business. Action ; see that title. Acts of Parliament to be read as applying to H. C, § 76. Appeals ; see Appeal. Appellate jurisdiction possessed by H. C, § 4. Applications which may be made either to the court below or to the C. A., shall in the first instance be made to the court below, O. 58, r. 17. Particular application, a, may, by direction of L. C, be heard by any judge who consents so to do, O. 49, r. 4. Assessors may be called in to assist in determining actions, § 56. Trial shall take place in such manner as court shall direct, O. 36, r. 43. Business, what assigned to each division, § 34. '256 High Court of Justice, The {continued). C. Jiirlndiction and Business {continued). Business, distribution of, may be regulated by rules of court, or orders of transfer, § 33. Chambers, jurisdiction of judge in, § 39. Circuit, jurisdiction of the judges on, § 29. Costs ; see that title. Criminal practice and procedure shall, subject to rules of court, remain unaltered, §§ 19. District registries ; see that title. Division, in what, action to be commenced, § 34. Option of plaintiff to choose division, §§ 11; O. 5, r. 5. Equal power, authority and jurisdiction is possessed by every judge, § 50. Fees ; see that title. Hearing; see Motion for Judgment — Trial. Inquiries and accounts may be referred to D. R., § 66. Law and equity shall be concurrently administered, § 24. London and Middlesex, jurisdiction of judges when sitting in, § 30. Multiplicity of suits shall be avoided, § 24 (7). New trial, motion for, judge who tried cause with jury shall not sit on, 0. 39, r. 2. P. D. and A. Div., judge of, shall (when practicable) sit on hearing of, O. 39, r. 1. Original jurisdiction, possessed, by H. C, § 4. "What it shall possess, § 16. How it shall be exercised, § 23. Parliamentary election petitions, jurisdiction of judge on Totfi continued in pending business after his year of service has exj)ired, ++13. Particular application, may by direction of L. C. be heard by any judge who consents so to do, O. 49, r. 4. Pending business, transfer of, § 22. Registration and election cases, jurisdiction final unless leave to appeal given, ^ 14. Questions and accounts may be referred to referees for inquiry and report, § 56. 257 High Court of Justice, The {continued). C. Jurisdiction and Business {continued). And for trial, § 57. And see Referees, Official and Special. Record, H. C. shall be a superior court of, § 16. Referees ; see Referees, Official and Special. Remedic s, all just, shall be granted, § 24 (7). Single judge, jurisdiction of, in court and chambers, § 39. Transfer of jurisdiction to H. C. § 16. What not transferred, § 17. Statutes to be read as applying to H. C, § 76. Trial ; see that title. « Vacation ; see that title in A. supra. Hilary Sittings- Commence 11th January, end Wednesday before Easter, 0. 63, r. 1. Both days inclusive, O. 63, r. 5. Holidays— In offices of Supreme Court, O. 61, r. 6. Where an act cannot be done by reason of a, the same may be done on the next day the offices are open, 0. 64, r. 3. House of Commons — Judges cannot sit in, §§ 5. House of Lords — Appeal to ; see Appeal, D. From Scotland or Ireland, -f 3. Constitution of House on appeals, "f* 5, Hearing of appeals during prorogation of Parliament, "f* 8. And dissolution, -f- 9. Lords of Appeal in ordinary : — Appointment of, -f* 6. Additional Lords appointed in certain events, f 14. Pension, -f- 7. Privy councillor, duties as such shall be subject to duties as Lord of Appeal, f 6. Qualification, -f" 6. 258 House of Lords {confinucd). Rank, -j- 6. Salary, f 6. Seat and vote in the House of Lords, -f- 6. Tenure of office, -f G. Vacating office, and filling ujd of vacancy, f 6. Pending business, -f- 18. Husband and Wife — Claims by or against husband and wife may be joined with claims by or against either of them separately, 0. 18, r. 4. Execution shall not be issued by or against a husband, upon a judgment or order for or against a wife, without leave, O. 42, r. 23 (b). Issues or questions, necessary to determine rights of the parties, may be tried, and terms imposed, O. 42, r. 23. Marriage shall not abate action, if cause survive, O. 17, r. 1. Husband may be joined or served with notice, 0. 17, r. 2. Writ of summons shall be served on husband and wife where both are defendants unless otherwise ordered, O. 9, r. 3. And see Marriage. Idiots- See Lunacy — Lunatic. Income — Power of judge to allow whole or part of annual income to parties interested, where he is satisfied that the estate will be more than sufficient to satisfy all claims, O. 50, r. 9. Indemnity — See Contribution. 25 9 Index — Central office, index to documents in, shall be kept, and be accessible to the public, on payment of fee, 0, 61, r. 17. Chancery registrars' entries, index of, shall be made, and when completed be transmitted to the central office, and be accessible to the public on payment of fee, O. 02, r. 3. Indorsement of Address — See Address — Address for Service. Indorsement of Claim — See Writ of Summons, C. Indorsement of Writs — See Execution — Subpcena, and the various titles of Writs. Infants — Action, infants may sue by their next friends, and defend by their guardians as heretofore in the Ch. Div., 0. 16, r. 16. Next friend's authority to solicitor shall be signed and filed before his name is used, 0. 16, r. 20. Appeals to House of Lords, time allowed for, S. O. 1. Appear, shall not, except by guardian ad litem, 0. 16, r. 18. Affidavit of solicitor, and consent of guardian, on enter- ing appearance, 0. 16, r. 18. Form of affidavit, A. part II., No. 8. Custody of, in questions relating to, rules of equity shall prevail, § 25 (10). Default of appearance on, guardian ad litem may be appointed on plaintiff's application, 0. 13, r, 1. Education of, in questions relating to, rules of equity shall prevail, § 25 (10). Estates of, actions relating to, assigned to Ch. Div., § 34. Evidence, effect of consent as to mode of taking, O. 16, r. 21. Guardian ad litem,, may be directed to be appointed, where infant served with notice of judgment or order, O. 55, r. 27 Guardian, evidence requisite on applications in Ch. Div for appointment of, O. 55, r. 25. Maintenance, evidence required in Ch. Div. on application for allowance for, O. 55, r. 25. 200 Infants {continued). Marriage, evidence required in Ch. Div. on application for sanction to settlements, and the proposals, O. 55, r. 26. New party, application by infant having a guardian ad litem to discharge or vary order, 0. 17, r. 6. Not having at time of service a guardian ad litem, 0. 17, r. 7. Notice of judgment or order, shall be served as a writ, 0. 16, r. 44 ; and see Judgment, I. Payment into court, by order, of money recovered in Q. B. D. by an infant, and investment thereof, O. 22, r. 15. Sale, transfer, and payment out thereof, and of dividends thereof, O. 22, r. 16. Petition, notice of motion, or summons, infant served with, shall appear on hearing by guardian, O. 16, r. 19. Affidavit of solicitor, and consent of guardian, 0. 16, r. 19. Pleadings ; facts not denied, shall not be taken to be admitted as against an infant, O. 19, r. 13. Claim, statement of, in an action of wardship and care of infant's estates ... ... ... C. sec. 4, No. 14. Defence of infancy, form of . . . ... ... D. sec. 4. Solicitor appointed guardian ad litem, costs of, may be directed to be paid by parties to the cause or matter, or out of any fund in court, 0. 65, r. 13. Special case, where infant a party, shall not be set down without leave, 0. 34, r. 4. Order must be produced on setting down, O. 34, r. 5. Wardship of infants, actions as to, assigned to Ch. Div., § 34. \\"rit of summons may be served on guardian or person having care of infant, 0. 9. r. 4. Service on infant may by order be deemed good service, O. 9, r. 4. Inferences of Fact — Court of Appeal may draw inferences of fact, O. 58, r. 4. Motion for judgment or new trial, court may draw inferences of fact, not inconsistent vidth the finding of the jury, O. 40, r. 10. 261 Inferior Court — Administration of law, or procedure, in any, may be inquired and examined into by the council of judges of the Supreme Court, § 75. Admiralty appeals from inferior courts shall be assigned to a divisional court of P. D. and A. Div., O. 59, r. 4. Admiralty jurisdiction, may be conferred on any inferior court by order in council, § 88. Power to grant similar relief and remedies as the High Court, § 89. Appeals from inferior courts, may be heard by divisional courts of the High Court of Justice, § 45. Constitution of such divisional courts, O. 59, r. 4. Decision shall be final, unless special leave to appeal be given, § 45. Enactments may by order in council be applied to appeals from inferior courts, §§ 15. Entered, appeals shall be in list by crown office, 0. 59,, i\ 4. Two copies of the appeal case shall be lodged for the use of the judges, K 2 of 22nd. January, 1877. Costs in court below of cause removed from inferior court, shall be costs in cause, 0. 65, r. 3. County courts, appeals from, shall not be assigned to Ch. Div., § 34. Certiorari ; see CERTIORARI. Form of order on removal of judgment, K, 30. Judge's notes, copy of, must be handed to officer in court before appeal under Act of 1875 can be heard, R 3 of 22nd Jan, 1877. Defence or counter-claim, may be disposed of by inferior court, to the extent of its jurisdiction, § 90. Power of transfer to High Court where matter is beyond the jurisdiction of the inferior court, § 90. Equitable jurisdiction may be conferred on any inferior court by order in council, § 88. Power to grant similar relief and remedies as the H. C, § 89. Power to make rules for practice of county courts, \X 27. Rules of law enacted in Act shall receive effect in all courts whatsoever, § 91. 2(j2 Informality — See Irregularity. Information — Instituted, shall be, by an action, O. 1, r. 1. Relator's authority to solicitor shall be signed and filed before his name is used, O. 16, r. 20. Injunction — Act required to be done may, by order, be done by some other appointed person, at the cost of the disobedient party, and the expenses incurred may be ascertained, and execution issued therefor and costs, O. 42, r. 30. Action shall not be restrained by, § 24 (5). Affidavits, copies of, used on ex 'parte application for, shall be furnished immediately on request and undertaking to pay, 0. 66, r. 7 ( j ). Application for, how and when granted, § 25 (8). May be made by either party ; and if by plaintiff, ex parte or with notice, 0. 50, r. 6. Enforcing injunction by attachment or committal, 0. 42, r. 7. Equitable matter entitling defendant to an injunction to stay proceedings may be relied on by wav of defence, § 24 (5). Form of indorsement of claim for injunction to be made on writ of summons, A. part II., sec. 4. Granted, may be, when and how, § 25 (8) ; 0. 50 r. 12. At any stage of the cause or matter, O. 50, r. 12. Whether claim of title or not, § 25 (8). Whether estates legal or equitable, | 25 (8). With or without terms, 0. 50, r. 12. Interim injunction may be granted, upon or without terms 0. 50, r. 12. Interlocutory order for, where just and convenient, § 25 (8) Master in chambers cannot grant, O. 54, r. 12 (h). Proceedings shall not be restrained by injunction, § 24 (5). Stapng proceedings in lieu of injunction, § 24 (5). Terms may be imposed, § 25 (8) ; 0. 50, r. 12. Trespass, injunction to prevent apprehended, § 25 (8). Waste, injunction to prevent apprehended, § 25 (8). 263 Injunction {continued). Writ of injunction shall not be issued ; judgment or order shall have the effect of, 0. 50, r. 11. Inquiries — Cause or matter, inquiries may be directed at any stage of a, O. 33, r. 2. Delay in the prosecution of any inquiries ; explanation may be called for, and order made as to the future conduct and as to costs, O. 33, r. 9. Direction, each, in the judgment, or order directing the in- quiries, shall be numbered, 0. 33, r. 7. District registry, inquiries may be directed to be taken in a, § QQ. Report may be acted upon, as to court shall seem fit, § 66. Judgment or order for inquiries shall be in form L. 28, with any requisite variation, 0. 33, r. 7. Motion for judgment or new trial, on a, inquiries may be directed to be made, 0. 40, r. 10. Official solicitor may be directed to summon persons, and to conduct and carry out proceedings where tliere is delay in prosecuting inquiries, O. 33, r. 9. And see Accounts — Inquiry and Writ of Inquiry. Inquiry and Writ of Inquiry — Assessment of damages by officer without writ of inquiry, where amount is substantially a matter of calculation, O. 36, r. 57. In respect of continuing cause of action, shall be down to time of assessment, 0. 36, r. 58. Default of appearance, interlocutory judgment for, in action for detention of goods or damages, 0. 13, r. 5. Several defendants, some appearing, some not, 0. 13, r. 6. Where writ also indorsed Avith a liquidated demand, O. 13, r. 7. Default of defence, interlocutory judgment for, in action for detention of goods or damages, O. 27, r. 4. Several defendants, some defending, some not, 0. 27, r. 5, Where plaintiff's claim is also for a liquidated demand, O. 27, r. 6. 264 Inquiry and Writ of Inquiry {continued). Entered, inquiry may be, notwithstanding the pleadings are not closed, 0. 36, rr. 15, 56. Form of writ of inquiry, J. 8. Prcecipe for, G. 12. Inquiry, the, may be postponed or adjourned to such time and place, and on such terms, as may be fit, O. 36, rr. 34, 56. Addresses to the jury, how regulated, O. 36, rr. 36, 56. Damages in respect of a continuing cause of action shall be assessed to the time of assessment, 0, 36, r. 58. Habeas corpus, new writ of, may be issued without fee, where inquiry adjourned, O. 36, rr. 35, 56. Particulars must be given in libel or slander of matters intended to be proved in mitigation of damages, 0. 36, rr. 37, 56. In default, evidence thereof is excluded unless by leave, O. 36, rr. 37, 56. Witnesses shall be examined viva voce, O. 37, r. 1. Notice of inquiry, shall be ten days, unless the party is under terms to take short notice, O. 36, rr. 14, 56. Countermanded, shall not be, except by leave, O. 36, rr. 19, 56. Given, shall be, before inquiry entered for hearing, O. 36, rr. 15, 56. Short notice shall be four days unless otherwise ordered, O. 36, rr. 14, 56. And see Inquiries. Inrolment— See Enrolment. Insolvent Companies- Bankruptcy rules govern winding up, §§10. Insolvent Estates — Administration of, shall be as in bankruptcy, §§ 10. Inspection — Application to inspect documents which has been refused by 265 Inspection {eontinued). the opponent, shall be made to a judge, and, with certain exceptions, be founded on affidavit, O. 31, r. 18. Affidavit, contents of, O. 31, r. 18. Form of order ... ... ... ••■ ••• K. 18. „ „ (underwriters) ... ... ... K. 19. Issues may be raised and question of right of inspection reserved, O. 31, r. 20. Non-compliance vaih order renders party liable to attach- ment, and if a plaintiff, to have his action dismissed, and if a defendant, to have his defence struck out, O. 31, r. 21. Bankers', or other books in constant use may be inspected at their usual place of custody, 0. 31, r. 17. Copies: if solicitor produchig documents refuses or neglects to supply copies at 4d. per folio, the solicitor inspecting may make the copies, and the solicitor producing is not to be entitled to any fee in respect thereof, O. 65, r. 27, reg. 18. Court rolls, limited inspection of may be ordered on applica- tion of copyhold tenant, O. 31, r. 19. Discovery of documents ; see Discovery of Documents. District registry, documents may be ordered to be produced in a, § 66. Judge may inspect any property or thing, concerning which any question may arise, 0. 50, r. 4. Notice to inspect and admit documents, O. 32, r. 2. Costs on refusal to admit, or where notice not given, O. 32, r. 2. Form of notice shall be B. 11, with any requisite variation, O. 32, r. 3. Proof of admissions by affidavit of solicitor or his clerk, O. 32, r. 7. Notice to produce documents referred to in opponent's pleadings or affidavits, for inspection and copies, O. 31, r. 15. Costs of, not allowed, unless there be good and sufficient reason for giving this notice and making this inspection, O. 65, r. 27, reg. 17. Inspection {continued). Form of notice shall be B. 9, with any requisite variation 0. 31, r. 16. Non-compliance -with notice, prevents party putting docu- ments in evidence, unless he satisfies the court that he had some sufficient cause or excuse, 0. 31, r. 15. Notice of appointment to inspect pursuant to notice to produce, 0, 31, r. 17. Form of notice shall be B. 10, with any requisite variation, 0. 31, r. 17. Offer of inspection may affect opponent's application to interrogate, O. 31, r. 2. Order for inspection may be granted where no proper notice of appointment to inspect is given, O. 31, r. 18. May also be granted, on proper affidavit, to inspect docu- ments not disclosed on opponent's pleadings or affi- davits, 0. 31, r. 18. Service on solicitor of order for inspection, is sufficient to found application for attachment, but party may show no knowledge of order, O. 31, r. 22. Solicitor liable to attachment for not giving notice of order to his client, O. 31, r. 23. Property, orders may be made for the inspection of, with powers to enter upon any land or building in the pos- session of any party to the cause or matter, to take samples, or make observations or experiments, 0. oO, r. 3. Application for order, O. 50, r. 6. This rule applied to inspection by a jury, 0. 50, r. 5. Referee may have any inspection or view, by himself or with his assessors (if any), which he may deem expedient, 0. 36, r. 48. View by a jury, 0. 50, r. 5. InsufBciency of Answers- Exceptions for, abolished, O. 31, r. 10. Order to answer further by affidavit or viva voce examination, O. 31, r. 11. Sufficiency shall be determined on motion or summons, O. 31, r. 10. 267 Interest- Appeal from H. C, interest shall be allowed unless otherwise ordered, and may be computed by taxing officer, 0. 58„ r. 19. Computation of, may be directed to be certified by chief clerk, and to be acted upon without further order, O. 55, r. 18. Costs, interest on, runs from date of judgment or order, H. 1. Creditors of deceased person on administration in Ch. Div., interest shall be allowed to, 0. 55, r. 62. Debts not carrying interest, receive interest out of assets after costs, debts established, and interest on debts carrying interest, are satisfied, O. 55, r. 63. Legacies, interest on, on administration in Ch. Div., 0. 55, r. 64. Receiver may be charged with interest, when he delays to pass his accounts, 0. 50, r. 18. Writ of delivery, interest may be levied, O. 48, r. 2. Writ of execution may be indorsed to levy interest, 0. 42, r. 16. Writ of summons, form of indorsement on, of claim for interest, A. part III, sec. 2, No 6. Interest Suit (Probate)— Form of statement of claim in, C. sec. 3, No 1. Form of defence, D. sec. 3, No 1. Interim Order — See Interlocutory Orders and Proceedings. Interlocutory Application — See Interlocutory Orders and Proceedings. Interlocutory Judgment- Default of appearance in action for detention of goods or damages, O. 13, r. 5. Several defendants, some appearing, some not, O. 13, r. 6. Where writ also indorsed with a liquidated demand, 0. 13, r. 7. Default of defence in action for detention of goods or damages, O. 27, r. 4. Several defendants, some defending, some not, 0. 27, r. 5. 268 Interlocutory Judgment {continued). Where plaintiff's claim is also for a liquidated demand, O. 27, r. 6. Defence answering part only of the plaintiff's claim O. 27, r. 9. Judgment, form of, F. 2. Interlocutory Orders and Proceedings — Accounts and inquiries ; sec that title. Affidavit of belief admissible on, O. 38, r. 3. Appeal to Court of Appeal ; see Appeal, C. Interlocutory orders unappealed, shall not prejudice a decision on the aj)peal, O. 58, r. 14. Costs may be ordered to be by payment of a sum in gross in lieu of taxed costs, 0. 65, r. 23. Experiments ; see that title. Injunction ; see that title. Inspection of property ; see Inspection. Lien ; see that title. Mandamus ; see that title. Preservation of property ; see that title. Proceedings subsequent to trial shall be had before judge before whom trial took place, f 17. Questions and issues ; see that title. Receiver ; see that title. Sale of perishable goods may be ordered, 0. 50, r. 2 Written evidence used on any, need not be printed, O. 66, r. 6. Interpleader- Application by a defendant may be made at any time after writ of summons served, O. 57, r. 4. Evidence ; see Evidence infra. Chose in action, where assignment disputed, debtor may inter- plead, § 25 (6). Claimant appearing, may be made a defendant in any pending action, or an issue may be stated and directions given as to parties thereto, O. 57, r. 7. Claimant not appearing, or, after appearance, neglecting or refusing to comply with any order, may be barred as against the applicant, O. 57, r. 10. * 26f> Interpleader {continued). Costs, all just and reasonable orders as to, may be made O. 57, r. 15. Power over costs, of court or judge at trial of issue, O. 57, r. 13. Discovery, O. 31 as to, applied to interpleader, O. 57, r. 13. Evidence in support of application, what it must comprise, O. 57, r. 2. Form of affidavit where application in an action, B. 26. Issue may be ordered, 0. 57, r. 7. Judgment shall be final and conclusive, except where other- wise provided by statute, and unless by leave, O. 57, r. 11. Court or judge at trial of issue may finally dispose of the whole matter, 0. 57, r. 13. And see Summary Decision, infra. Law, where the question is one of, and the facts are not in dispute, same may be decided without a trial, or a special case may be stated, O. 57, r. 9. . Orders, forms of, K. 50 to K. 56. Relief may be granted : — Although the titles of the claimants have not a common origin but are adverse and independent, 0. 57, r. 3. Where applicant is, or expects to be, sued by two or more claimants, O. 57, r. 1 {a). Where applicant is a sheriff, O. 57, r. 1 (6). Sale may be ordered on a sheriff's interpleader, where claimant claims the goods as security for a debt, O. 57, r. 12. Proceeds may be ordered to be applied in such manner, and on such terms, as is just, O. 57, r. 12. Several causes or matters, one order may be made in, O. 57, r. 14. Special case may be ordered to be stated, O. 57, r. 9. Application of O. 34 as to special cases, to interpleader, O. 57, r. 9. Stay of proceedings may be ordered, where application is in an action, 0. 57, r. 6. Summary decision may be given where claimants consent, or where, having regard to the value of the subject matter, it seems desirable, O. 57, r. 8. 270 Interpleader {co^itinned). Final, unless leave to appeal be given by court, or judge, or C. A., 0. 57, r. 11. Summons may call on claimants to state and maintain or relinquish their claims, 0. 57, r. 5. Trial, application of 0. 30 as to trials, to interpleader, O. 57, r. 13. Interpretation of Terms — Act of 1873, § 100. Act of 1876, t 25. Rules of Court, 0. 71, r. 1. And see Words. Interrogatories — ■ Actions of fraud or breach of trust, in, interrogatories may be delivered without an order, O. 31, r. 1. By plaintiff after statement of claim, 0. 31, r. ]. By defendant at or after defence, O. 31, r. 1. Other causes and matters, in, leave necessary, O. 31, r. 1. Answered, interrogatories shall be, within ten days, O. 31, r. 8. Time does not run until receipt for security served, O. 31, r. 26. Nor between day of service of order, and day of giving security, 0. 46, r. 6, And see Answers to Interrogatories. Application for leave to deliver interrogatories, on any, any offer of particulars, or admissions, or to produce docu- ments, shall be taken into account, O. 31, r. 2. Corporation, or company, order may be made to deliver interrogatories to any member or officer, 0. 31, r. 5. Costs of interrogatories exhibited unreasonably, vexatiously, or at improper length, and of the answers, shall be paid by the party in fault in any event, O. 31, r. 3 ; and see O. 65, r. 27, reg. 30. Lien on security in court for costs of cause, 0. 31, r. 27. Security for ; see Security, infra. Shall be allowed only where interrogatories appear to have been reasonable, O. 81, r. 25. 271 Interrogatories {conthmed). Where caused by misconduct or neglect shall be disallowed, O. 65, r. 27, reg 20. Form of, shall be B. 6, with any requisite variation, O. 31, r. 4. Note at foot stating which interrogatory each person is required to answer, O. 31, r. 1. Irrelevant, interrogatories are, which do not relate to matters in question in the cause or matter. O. 31, r. 1. Issue or question, any, may be ordered to be determined, before deciding on the right to interrogate, 0. 31, r. 20. Leave necessary, except in actions of fraud or breach of trust O. 31, r. 1. One set of interrogatories only shall be delivered unless by order, 0. 31, r. 1. Order for delivery of interrogatories, K. 16. Order to answer, or to answer further, may be made where party omits to answer, or answers insufficiently, O. 31, r. 11. By affidavit or viva voce examination, O. 31, r. 11. Disobedience renders party liable to attachment, 0. 31, r. 21. And if a plaintiff, to an order dismissing his action, 0. 31, r. 21. And if a defendant, to have his defence struck out, O. 31, r. 21. Service of order on solicitor sufficient to ground application for attachment, but party may show no notice or knowledge of order, O. 31, r. 22. Solicitor liable to attachment for neglect to give notice of order to his client, O. 31, r. 23. Security for costs of, shall be given by party interrogating, ■ O. 31, r. 25. Payment into court of £5, and ten shillings for every folio beyond five, shall be made before delivery of interrogatories, 0. 31, r. 26. Payment out, of the money paid in, after final disposal of cause, 0. 31, r. 27. Receipt, copy of, shall be served with the interrogatories, O. 31, r. 26. Setting^ aside unreasonable or vexatious, and striking out 272 Interrogatories {continued). prolix, oppressive, unnecessary or scandalous interroga- tories, 0. 31, r. 7. Application must be made within seven days after service of interrogatories, 0. 31, r. 7. Irrelevant, interrogatories are, which do not relate to the matters in question in the cause or matter, O. 31, r. 1. Sheriff, in action against, may be ordered to answer by the officer actually concerned, 0. 31, r. 28. Investments — See Payment into and out of Court. Irregularity — Affidavits may be received notwithstanding irregularity, O. 38, r. 14. Application to set aside for irregularity must be made in a reasonable time and before any fresh step is taken after knowledge of the irregularity, O. 70, r. 2. Objections shall be stated in the summons or notice of motion, O. 70, r. 3. Where summons served with costs is dismissed generally, it is dismissed with costs, 0. 70, r. 4. Clerical mistakes in judgments and orders, or errors from accidental slips or omissions, may be corrected on motion or summons, 0. 28, r. 11, Defects or errors in any proceeding, amendment of, on terms, O. 28, r. 12. Noncompliance with rules shall not render proceedings void, 0. 70, r. 1. Technical objections for want of form shall not be raised to pleadings, 0. 19, r. 26. And see Amendment — Setting Aside. Issue of Writ — See Writ of Summons. Issues of Fact — Attachment of debts, issues necessary for determining liability may be ordered to be tried, O. 45, rr. 4, 6. 273 Issues of Fact {contimied). Conditional judgment, on application to enforce, issues may be directed, O. 42, r. 9. Costs shall follow the event, unless otherwise ordered, 0. 65, r. 2. Discovery or inspection, issues may be ordered to be deter- mined on any application for, before same granted, 0. 31^ r. 20. Judgment on motion after trial of issue, form of, F. 18. Master in chambers has no jurisdiction to settle issues, except by consent, O. 54, r. 12 (cZ). Motion for judgment, or new trial, on any, issues may be directed to be tried, 0. 40, r. 10. Motion for judgment after some issues tried, whereby trial of others rendered unnecessary, O.40, r. 8. Notice of trial may be given at any time after the issues are ready for trial, O. 36, r. 11. Questions of law may, by order, be tried before issues of fact' O. 34, r. 2. Reference of questions to official or special referee for inquiay and report, § 56. Settlement of issues, where the issues of fact in dispute are insufficiently defined , O. 33, r. 1. Stated and tried without pleadings, issues of fact may be, by consent and order, O. 34, r. 9. Form of issues maybe B. 15, with any requisite variation, 0. 34, r. 9. Judgment may be entered for a sum agreed, and execution issue, O. 34, r. 11. Judgment may be recorded, and shall have effect as in an action, O. 34, r. 12. Proceedings shall be under control and jurisdiction of the court or judge as in an action, O. 34, r. 9. Stay of execution may be ordered, to enable party to move to set aside the finding, or for a new trial, O. 34, r. 11. Sum may be agreed upon to be paid by one party to the other, with or without costs, O. 34, r. 10. Trial : issue may bo entered for trial and tried as an is?uc in an ordinary action, 34, r. 9. T 274 Issues of Fact {continued). Trial of, by different modes of trial, O. 36, r. 8. By official or special referee, § 57. Right to a trial of by jury in certain actions, O. 36, r. 2. Some issues before the others, O. 36, r. 8. Where pleadings insufficiently define issues, O. 33, r. 1. Without a jury, 0. 36, r. 4. And see Questions and Issues. Joinder of Causes of Action — Executor and administrator, claims by or against, may, subject to rr. 1, 8, and 9, be joined with claims by or against him personally, if arising with reference to deceased's estate, O. 18, rr. 5, 7. Husband and wife, claims by or against, may, subject to rr. 1, 8, and 9, be joined with claims by or against them separately, 0. 18, rr. 4, 7. Joint claims by plaintiffs may, subject to rr. 1, 8, and 9, be joined with claims by them separately against the same defendant, O. 18, rr. 6, 7. Land, in an action for recovery of, no other cause shall, unless by leave, be joined, except claims for mesne profits, arrears of rent, double value, or damages, O. 18, r. 2. Several causes of action may be joined, but if joinder incon- venient, separate trials may be ordered, O. 18, r. 1. Defendant may apply for an order confining the action to such causes as can be conveniently disposed of together, O. 18, r. 8. Order may exclude any cause of action and direct amendments, O. 18, r. 9. Trustee in bankruptcy, claims b}', shall not, unless by leave, be joined with other claims, 0. 18, r. 3. 275 Joinder of Issue — Delivered, shall be, within four days, 0. 23, r. 8. Forms, E. sees. 1, 2. No pleading, other than joinder, allowed after reply without leave, and then only on terms, O. 23, r. 2. Operate, shall, as a denial of every material allegation, but may except and thus admit facts, O. 19, r. 18. Pleading,-^ shall upon joinder be deemed to be closed, O. 23, r. 5. Reply or subsequent pleading may join issue, 0. 19, r. 18. Joinder of Parties — A. Plaintifs ; B. Defendants ; C. Change of and adding Parties. A. Plaintiffs. All persons may be joined in whom right to relief is alleged to exist, O. 16, r. 1. Alternatively claiming relief, O. 16, r. 1. Chancery administration proceedings and for execution < )f trusts, plaintiffs in ; see Administration akd Execution of Trusts (parties). Counterclaim or set-off, defendant may establish, not^v^.th- standing misjoinder of a plaintiff, O. 16, r. 3. Doubt as to proper plaintiffs, O. 16, r. 2. Executors or administrators may sue Avithout joining bene- ficiaries, O. 16, r. 8. Firms ; see that title. Infants may sue by their next friends, O. 16, r. 16. Jointly claiming relief, 0. 16, r. 1. Judgment may be given for plaintiffs entitled, without any amendment,. O. 16, r. 1. Costs of wrongly joining plaintiffs shall be defend- ant's costs, O. 16, r. 1. Lunatics may sue by their committee or next friend, O. 16, r. 17. Married women may sue as provided by the Married Women's Property Act, 1882, 0. 16, r. 16. Mortgagor in possession may sue in his own name only, § 25 (5). T 2 276 Joinder of Parties {contimied). A. Phiiii/iffs {continued). Partners suing as firms ; see PARTNERS. Probate actions, in, old rules preserved, 0. 16, r. 10. Representative parties, 0. 16, r. 9. Appointment of person to represent heir, next of kin, or class, O. 16, r. 32. Severally claiming relief, O. 16, r. 1. t Trustee may sue without joining beneficiaries, O. 16 r. 8. Unsound mind, persons of, may sue by their committee or next friend, 0. 16, r. 17. B. Defendants. All persons may be joined against whom right to relief is alleged to exist, 0. 16, r. 4. But need not be all interested as to the relief prayed, O. 16, r. 5. Alternatively liable, O. 16, r. 4. Chancery administration proceedings and for execution of trusts, defendants in ; see ADMINISTRATION and Execution of Trusts {'parties). Claiming contribution, etc., against co-defendant; see Contribution. Claiming contribution, etc., against third party ; see Third Parties. Doubt, joinder of several defendants in case of, O. 16, r. 7. Embarrassed, defendant shall^notbe, by being required to attend proceedings in which he has no interest, O. 16, r. 5. Executors or administrators^may be sued without juiniug beneficiaries, O. 16, r. 8. Firms ; see that title. Infants may defend by their Jguardians,_0. 16, r. 16. Jointly liable, O. 16, r. 4. Jointly and severally liable O. 16, r. 6. Judgment may be given against defendants liable, witi - out any amendment, 0. 16, r. 4. Xiunatics may defend by their ct mmittees or guardians^ O. 16, r. 17. 277 Joinder of Parties {continued). B. Defendants {continued). Married women may be sued as provided by the • Married Women's Property Act, 1882, 0. 16, r. 16. Partners sued as firms ; see PARTNERS. Probate actions, old rules preserved, 0. 16, r. 10. Protection against embarrassment, or undue expense, where defendant not interested in all the relief prayed for, O. 16, r. 5. Representative defendants, O. 16, r. 9. Appointment of person to represent heir, next of kin, or class, O. 16, r. 32. Severally liable, 0. 16, r. 4. Severally and jointly liable, O. 16, r. 6. Third parties ; see that title. Trustees may be sued without joining beneficiaries, O. 16, r. 8. Unsound mind, persons of, may defend by their com- mittees or guardians, 0. 16, r. 17. 0. Change of and adding Parties. Adding or substituting plaintiffs, 0. 16, r. 2. Adding plaintiffs who ought to have been joined, 0. 16, r. 11. Application may be made at any time before trial, O. 16, r. 12. Consent of person to be added is requisite, 0. 16, r. 11. Adding defendants, 0. 16, r. 11. Application may be made at any time before trial, O. 16, r. 12. Amended copy writ shall be filed and served, O. 16, r. 13. Proceedings deemed to commence against added defendant only on such service, 0. 16, r. 11. Adding new parties on marriage, death, or bankruptcy, 0. 17, r. 2. Assignment, creation, or devolution of any estate or title ^pendente lite shall not render action defective, 0. 17, r. 1. 278 Joinder of Parties {continued). C. CliaiKjc of and adillny Parties {eonlimied). Continued, action may be, by or against the pcrsoi* to or on whom the estate or title has devolved. 0. 17, r. 3. Misjoinder shall not defeat cause or matter, O. 16, r. 11. Counterclaim or set-oft', defendant may establish same notwithstanding misjoinder of a plaintiff, O. 16, r. 3. Striking out improper parties, O. 16, r. 11. Application may be made at any time before or at trial, O. 16, r. 12. New parties may be joined by order obtained ex-parte, O. 17, r. 4. Appearance : party served shall be bound to appear, O. 17, r. 5. Memorandum on entry of appearance, A. part II., No. 6. Discharging or varying order within twelve days from service, 0. 17, r. 6. In case of disability, 0. 17, r. 7. Order shall be served, and, unless discharged or varied, shall be binding, 0. 17, r. o. But shall have no force as against a person under disability (other than coverture), and not having a guardian ad litem, until twelve days after one is appointed, 0. 17, r. 7. Non -joinder shall not defeat cause or matter, O. 16. r. 11. And see Adding supra. Substituting plaintiffs or defendants ; see Adding f^upra. Joint and Several — See Joinder of Causes of Action — Joinder of Parties.. Judges- See Court of Appeal — High Court of Justice. 279 Judgment — A. Default of Appearance ; B. Under Order 14; G. Default of Defence; D. At Trial or Hearing ; E. Interlocutory Judgment; F. Motion for Judgment; G. Form and Entry ; H. Setting aside ; I. Generally. A. Default of Appearance. Account, in actions for, an order for the account claimed' with all necessary inquiries and directions, shall be made, O. 15, r. 1. Affidavit of service shall be filed, O. 13, r. 2. Damages, in actions for, interlocutory judgment may be entered and writ of inquiry issued, but damages may be ordered to be otherwise ascertained, O. 13, r. 5. Several defendants, some appearing, some not, O. 13 r. 6. Where writ also indorsed with a liquidated demand. O. 13, r. 7. Form of interlocutory judgment ... F. 2. Final after assessment of damages F. 4. Final for the liquidated demand ... F, 1. Debt or liquidated demand, where action for, plaintiff may enter final judgment, O. 13, r. 3. Form of judgment, F. 1. Several defendants, some appearing, some not, plaintiff may enter final judgment against those who have not appeared, without prejudice to his right to proceed against the others, 0. 13, r. 4. "Where writ also indorsed with a claim for detention of goods or damages, plaintiff may enter final judgment for the liquidated claim, and inter- locutory judgment for the other claims, O. 13 r. 7. Detention of goods, in action for, interlocutory judgment may be entered, and \rnt of inquiry issued, but value may be ordered to be otherwise ascertained, 0. 13, r. 5. Several defendants, some appearing, some not, O. 13, r. 6. 280 Judgment (^continued). A. Default of Appeamnce {continued). Where writ indorsed with a liquidated demand, O. 13, r. 7. Form of interlocutory judgment ... F. 2. Final after assessment of damages F. 4. Final for the liquidated demand ... F. 1. District registry, judgment shall not be entered in, where defendant has the option of appearing in London, until after such time as a letter posted in due time the previous evening ought in due course of post to have reached plaintiff, 0. 13, r. 11. Land, in action for recovery of, plaintiff may enter judgment, 0. 13, r. 8. Form of judgment, F. 3. Where mesne profits or damages also claimed, plaintiff may enter judgment for the land and proceed for the residue, 0. 13, r. 9. B. Under Order 14. Affidavit on application for judgment notwithstanding appearance, O. 14, r. 1. Served, copy shall be, with the summons and copy of the exhibits, O. 14, r. 2. Defence on the merits, or facts entitling defendant to defend, must be shown by affidavit or otherwise, 0. 14, r. 1. Affidavit shall state whether defence is to whole or what part of claim, O. 14, r. 3. Money into court, defendant may offer to bring, except in actions for recovery of land, O. 14, r. 3. Undefended part of claim, plaintiff shall have judgment for, O. 14, r. 4. Examination of defendant or officer of defendant cor- poration on oath, 0. 14, r. 3. Judgment, form of, F. 5. Land, in action by landlord against tenant for recovery of, with or without rent or mesne profits, application for judgment may be made, O. 14, r. 1. 281 Judgment {continued). B. Under Order 14 {continued). Order for judgment where defendant fails to show defence on merits, or facts entitling him to defend, O. 14, r. 1. Forms of orders, K. 6 to K. 9. Pleading, defence must be delivered within eight days after order, unless otherwise ordered, O. 22, r. 8. Production of leases, deeds, books, or documents by defendant may be ordered, O. 14, r. 3. Security may be ordered, O. 14, r. 6. Several defendants, some may be permitted to defend, others not, O. 14, r. 5. Specially indorsed, writ of summons must be, O. 14, r. 1. Summons shall be returnable not less than four clear days after service, O. 14, r. 2. Copy affidavit and exhibits shall accompany copy summons served, O. 14, r. 1. Terms may be imposed, O. 14, r. 6. Trial, terms as to time and mode of, may be imposed in cases triable without a jury, O. 14, r. 6. G. Default of Defence. Debt or liquidated demand, claim being for, plaintitf may enter final judgment, O. 27, r. 2. Form of judgment, F. 1. Several defendants, one makmg default, plaintiff may enter judgment and issue execution against him and proceed against the others, O. 27, r 3. Where defence goes to a severable part only of plaintiff's claim, O. 27, r. 9. Where plaintiff's claim is also for detention of goods and damages, O. 27, r. 6. Detention of goods or damages, claim being for, plaintiff may enter interlocutory judgment and issue writ of inquiry, or damages may, by order, be ascertained in any other way, O. 27, r. 4. Several defendants, one making default, plaintiff may enter interlocutory judgment against him and proceed against others, and damages against 2S2 Judgment {contimted). C. Default of Defence (continued). defendant in default shall be ascertained at the trial, unless otherwise ordered, O. 27, r. 5. Where defence goes to a severable part only of plaintiffs claim, 0. 27, r. 9. Where plaintiff's claim is also for a liquidated demand, O. 27, r. 6. Form of interlocutory judgment ... F. 2. Final after assessment of damages F. 4. Final for the liquidated demand ... F. 1. Land, action for, plaintiff may enter judgment, O. 27, r. 7. Other actions, in, plaintiff may set down action on motion for judgment, O. 27, r. 11. Mesne profits, arrears of rent, double value or damages, plaintiff may enter judgment against defaulting defendant, and proceed as in r. 4 and 5 ; 0. 27, r. 8. Third parties, in default by, opposite party may apply for judgment, O. 27, r. 14. D. At Trial or Hearing. Associate or master shall enter findings, and directions as to judgment, and judge's certificates, O. 36, r. 41. Certificate of, shall be an authority to officer to enter judgment, O. 36, r. 42. Form of certificate shall be B. 17, with any requisite variation, 0. 36, r. 42. Defendant, judgment may be given for, if balance is in his favor, or he be entitled thereto on the merits, O. 21, r. 17. Entitled to judgment of dismissal if plaintifT fails to appear at the trial, and may prove his counter- claim (if any), 0. 36, r. 32. Either party, judgment may be ordered to be entered for, 0. 36, r. 39. May apply to set aside judgment on terms, where obtained in his absence, 0. 36, r. 33. Forms of judgment in appendix F. shall be used, with any requisite variation, O. 41, r. 1. 283 Judgment {eontinuecl). D. At Trial or Hearing {continued). Trial by court without jury ... ... ... F. 11. „ judge with jury ... ... ... F. 7. „ „ without jury ... ... ... F. 6. „ referee ... ... ... ... F. 8. „ „ of questions of account ... F. 9. Further consideration, case may be adjourned for, 0. 36. r. 39. . Leave any party to move for judgment, the judge may. 0. 36, r. 29. Order necessary to entitle party to enter judgment after a trial, O. 36, r. 39. Setting aside, on terms, judgment obtained by one in the absence of the other party, 0. 36, r. 33. E. Interlocutory Judgment. Default of appearance in action for detention of goods or damages O. 13, r. 5. Several defendants, some appearing, some not, O. 13, r. 6. Where writ also indorsed, with a liquidated demand, 0. 18, r. 7. Default of defence in action for detention of goods or damages, 0. 27, r. 4. Several defendants, some defending, some not, O. 27, r. 5. Where plaintiff's claim is also for a liquidated demand, O. 27, r. 6. Defence answering part only of claim, O. 27, r. 9. Judgment, form of, F. 2. F. Motion for Judgment. Accounts and inquiries may be directed to be taken and made, O. 40, r. 10. Admissions of fact, any party may apply at any stage, and without waiting for the determination of other questions, for such judgment or order thereon as he is entitled to, 0. 32, r. 6. 2S4 Judgment {continued). E. Motion for Judgment {continued). Default of defence, setting down on motion for judg- ment, 0. 27, r. 11. Where several defendants, O. 27, r. 12. Further consideration, motion may be ordered to stand over for, O. 40, r. 10. Inferences of fact may be drawn not inconsistent with ■ the finding of the jury, O. 40, r. 10. Issues and questions may be directed to be tried, O 40, r. 10. Judgment may be given if court has all necessary materials, O. 40, r. 10. Form of judgment, F. 10. Judgment of the court shall be obtained on motion for judgment, except where otherAvise provided, 0. 40, r. 1. Setting down and gi^ang notice of motion by plaintiff' where judgment not directed at trial, O. 40, r. 2. Form of judgment, F. 17. By defendant on plaintiffs default for ten days, 0. 40, r. 2. By plaintiff after trial of issues or questions of fact, O. 40, r. 7. Form of judgment, F. 18. By defendant on plaintiffs default for ten days, O. 40, r. 7. Where trial of some issues has rendered trial of others unnecessary, leave required, O. 40, r. 8. Time, action shall not be set down on motion for judg- ment after one year, except by leave, O. 40, r. 9. G. Form and Entry. Ante-dated, judgment may be, by special leave, O. 41, r. 3. Consent of defendant to order to enter judgment shall be given by his solicitor or agent, O. 41, r. 9. Where defendant has not appeared or has appeared in person, consent must be given in person before the judge, or be attested by a solicitor, except where defendant is a barrister, convey- ancer, special pleader, or solicitor, O. 41, r. 10. 285 Judgment {continued). G. Foi^i and Entry {continued). Date, shall be date when pronounced in court, O. 41, r. 3. In other cases, shall be date when the requisite documents are left with the officer, O 41, r. 4. Death between verdict and judgment, judgment may be entered notwithstanding, O. 17, r. 1. District registry, in cause or matter in, judgment shall be entered there, O. 35, r. 1. If directed to be entered in London, same shall be entered in the central office, O. 35, r. 3. Copy shall be .transmitted to the D. R., O. 35, r. 3. Effect of judgment if pronounced in court shall be from that date, unless otherwise ordered, O. 41, r. 3. In other cases judgment shall take effect from date when the requisite documents for entry are left with the officer, O. 41, r. 4. Entered, shall be, in a book, O. 41, r. 1. If in London in the Q. B. D., in the central office, O. 41, r. 2. Forms of judgment in appendix R shall be used, with any requisite variation, O. 41, r. 1. Acceptance of money paid into court ... F. 16. Confession of defence ... F. 1 5. County court, on certificate of registrar of ... F. 13. Default of appearance and defence : — Demand liquidated F. 1. Demand unliquidated ... F. 2. After assessment of damages ... F. 4. In action for recovery of land ... ... F. 3. Discontinuance ... ••• ••• ... F. 14. Motion for judgment ... ... ... ... F. 10. Where no judgment entered at trial ... F. 17. After trial of issue ... ... ... F. Ih. Order 14 F. 5. Order, judgment in pursuance of F. 12. Trial by court without j ury F. 1 1 286 Judgment {continued). G. Furm aiul Entry {continued). Trial by judge without j ury ... ... ... F. 6. With a jury F. 7. Trial by referee F. 8. Of questions of account ... ... ... F. 0. Nunc 'pro tunc, entry of judgment, upon memorandum, without an order of course, O. 52, r. 15. Officer shall examine document on which judgment is entered, and ascertain its regularity, O. 41, r. G. Pleadings, copy of the, shall be delivered to the officer, O. 41, r. 1. Production of order, certificate, or return, entitling the party to judgment shall be a sufficient authority to the officer, O. 41, r. 7. Post-dated, judgment may be, by special leave, O. 41, r. 8. Settling and passing in Ch. Div. ; see Chancery Registrars. Trial, judgment shall not be entered after, without the order of the court or a judge, O. 36, r. 39. Judge's direction shall be evidenced by the asso- ciate's or master's certificate, 0. 36, r. 42. H. Setting aside. Default of pleading, any judgment by, O. 27, r. 15. Of appearance, 0. 13, r. 10. Trial, one party only appearing, O. 36, r. 33. Judgment wrongly entered by judge, O. 40, rr. 3, 4, 5. Trial by referee,and judgment wrong on findings, O. 40, r. 6. /. Generally. Act required by judgment to be done, may,on disobedience, be directed to be done by some other person at the cost of the disobedient party, O. 42, r. 30. Memorandum to be endorsed on copy judgment served, O. 41, r. 5. Time within which act is to be done shall be stated, O. 41, r. 5. Appeal ; see that title. Conditional judgment ; noncompliance ^vith condition 287 Judgment {continued). I- Generally {continued). amounts to a waiver of judgment so far as beneficial to party waiving, and any other party may take such proceedings as judgment warrants, or as he might have taken if no such judgment made, unless otherwise directed, O. 42, r. 2. Consent of defendant to order for judgment shall be given by his solicitor or agent, O. 41, r. 9. When defendant has not appeared, or has appeared in person, 0. 41, r. 10. Costs, fixed sum may be allowed on judgment for costs, O. 65, r. 27, reg. 38. Counterclaim, judgment for defendant on any, 0. 21, r. 17. Declaratory judgment, action or proceeding shall not be open to objection on the ground that a, merely is sought for, O. 25, r. 5. Demand of obedience is unnecessary ; person is bound to obey judgment on being served therewith, O. 42, r. 1. Discontinuance, judgment for defendant's costs, O. 26, r. 3. Form of judgment, F. 14. Enforcing judgment; see Execution. Enrolment unnecessary, O. 61, r. 8. Errors from accidents or clerical mistakes may be cor- rected on motion or summons, O. 28, r. 11. Interpleader, judgment in, shall be final, except where otherwise provided by statute, and unless by special leave of court, judge, or C. A., 0. 57, r. 11. " Judgment " includes decree, § 100. Judicial opinion, advice, or direction ; see that title. Notice of judgment may be directed to be served on persons interested, in actions for administration or execution of trusts, 0. 16, r. 40. Appearance, person served may attend proceedings on entering an, O. 16, r. 41. Liberty to attend, order for, unnecessary, 0. 16, r. 41. Memorandum of service shall be entered on due proof by affidavit, O. 16, r. 42. Form of memorandum, G. 26. 288 Judgment {continued). I. Generally {continued). Memorandum (G. 28) shall be indorsed on notice served, O. 16, r. 43. Served on infant or person of unsound mind, shall be, as a writ of summons, 0. 16, r. 44. Guardian ad liteiii may be ordered to be appointed, O. 55, r. 27. » Vary, discharge, or add to judgment or order, person served with notice may apply to, within one month, O. 16, r. 40. Order may be enforced as a judgment, O. 42, r. 24. Registrar, judgments and office of, transferred to central office, X 6. Registration cannot be made after 2 p.m., O. 61, r. 22. Report of referee may be enforced as a judgment, § 58. Search for, by officer and certificate of result, 0. 61, r. 23. Service of judgment where person directed to pay money or do any act, O. 42, r. 1. How effected ; see Service of Writs, Orders and Documents. Necessary before certain sequestrations can issue, O. 43, r. 6. Third parties, judgments against ; see Third Parties. Year, letter, and number shall be marked, O. 61, r. 19. Judgment Debtor — Committal, form of order ... ... ... ... K. 48. On non-pa}Tnent of instalments ... ... K. 4P. Examination of, as to debts, property, and means, O. 42, r. 32. Form of order for examination as to debts ... K. 38. For examination touching means ... K. 46. Payment of debt by instalments, form of order ... K. 47. And see Debtors Act — Execution. Judicature Acts — Commencement, sec. 2 of Act of 1874 ; §§ 2 ; "f" 2 ; J 2. Construction, §§ 1 ; tf 1 ; + 1. Short title, § 1 ; §§ 1 ; t 1 ; tt 1 ; n ; arte, 0. 52, r. 3. Motion for Judgment- See Judgment, F. 81-2 Motion for New Trial- See New Trial, M(yriuN for. Multiplicity of Proceedings — Shall be avoided, § 24 (7). N Ne exeat regno — Affidavits, copies shall be furnished on request, 0. 66, r. 7 Nessecaries for Ship — Form of statement of claim, C. sec. 3, No. 4. Form of defence, D. sec. 8, No. 4. Negligence — Chambers, failure of party to attend summons by reason of negligence bars the reconsideration of a proceeding taken ex-parte in default, O. 54, r. 6. Costs properly incurred, which prove fruitless by reason of negligence, may be ordered to be disallowed to the solicitor, who may further be ordered to repay to client costs paid by client to any other person, 0. 65, r. 11. Incurred by negligence, are to be disallowed, O. 65, r. 27, reg. 29. Solicitor neglecting to attend trial, or to deliver papers for use of court may be ordered to pay costs, 0. 65, r. 5. Taxing master shall look into and may disallow costs incurred by negligence, 0. 65, r. 27, reg. 20. Pleadings, forms of: — Claim, statement of, Client V. solicitor ... ... C. sec. 5, No. 8. Lord Campbell's Act C. sec. 6, No. 4. Negligent driving ... ... „ „ 3. Passenger v. railway company ... C. sec. 5, No. 7. 313 Negligence {continued). Defence ... ... D. sec. 5, Nos. 1 to 10; D. sec. 6. Taxation of costs may proceed notwithstanding neglect of other party to bring in or tax his costs, O. 65, r. 27, reg. 28. Party gnilty of neglect before taxing master may be ordered to pay costs, O. 65, r. 27, reg. 55. Writs of summons, forms of indorsement of claim : — Bailment of goods ... ... A. part III., sec. 4, No. 12. Custody of goods ... ... „ „ 11,13. Hire of goods ... ... „ „ 13. Injury in dinving ... ... „ „ 43. Lord Campbell's Act ... „ „ 46. Medical man ... ... „ „ 41. Railway ... ... ... „ „ 44. Railway station ... ... „ „ 45. Solicitor ... ... ... „ „ 10. Ne-w Assignment — Shall not be necessary, or used, but matter may be introduced by amendment of claim, or by reply, O. 23, r. 6. New Trial, Motion for— Application shall be by notice of motion, and no rule nisi or order to show cause shall be made, O. 39, r. 3. Further consideration, motion may be ordered to stand over for, O. 40, r. 10. Inferences of fact may be drawn not inconsistent with the finding of the jury, O. 40, r. 10. Issues and questions may be directed to be tried, and accounts and enquiries taken, O. 40, r. 10. Judge shall not sit on motion, where cause or matter tried Avith a jury before himself, O. 39, r. 2. Judge of P. D and A. Div. shall (where practicable) sit on motion in that division, O. 39, r. 1. Judgment in the action may be given on the motion, if tlic court has all necessary materials, O. 40, r. 10. May be given as to part of the matter in controversy, or as to some only of the parties, and a new trial directed as to the other i)art or parties, O. 39, r. G. :il4 New Trial, Motion for {continued). Motion shall be made: — 111 P. D. and A. causes and matters where there has been a trial with a jury to a divisional court of that division, O. 39, r. 1. In other causes and matters where there has been a trial with a jury, to a divisional court of the Q. B. D., O. 39, r. 1. Where there has been a trial without a jury, by appeal to the C. A., O. 39, r. 1. Notice of motion shall state grounds, and whether all or part only of the verdict or findings is complained of, O. 39, r. 3. Amended, may be, by leave, on terms, 0. 39, r. 5. Shall be an eight days' notice, and slmll be served, {a) if the trial took place in London or Middlesex, within eight days after the trial ; (b) if the trial took place elsewhere, within seven days after the last day of sitting on the circuit, 0. 39, r. 4. Time of the vacations shall not be i-eckoned in the computation of these times, O. 39, r. 4. New trial may be ordered on any question without interfering wdth finding or decision on any other question, 0. 39, r. 7. New trial shall not be granted, {a) for mis-direction or the improper admission or rejection of evidence, or (/>) because the verdict was not taken upon a (juestion w^hich the judge was not asked to leave to the jury, unless some sub- stantial Avrong or miscarriage has been thereby occasioned, O. 39, r. 6. Where part only of the matter in controversy has been affected, or some only of the parties, final judgment may be given as to part or some of the parties, and a new trial directed as to the other part or parties, O. 39, r. (). Stamp on any document, new trial shall not be granted by reason of the ruling on any question as to, O. 39, r. Next Friend {coHtivued). Consent in writing requisite before being added as a party^ 0. IG, r. 11. Etiect of consent as to mode of giving evidence, O. 16, r. 21. Infant may sue by, O. IG, r. 16 ; and see Infant. Next of Kin— Apj)ointment of person to represent, where right depends on the construction of an instrument, and next of kin unknown, or difficult to ascertain, 0. 16, r. 32. Executor, administrator or trustee, entitled thereto, may have judgment or order for administration or execution of trusts against any one next of kin, O. 16, r. 38. Judgment or order for administration, next of kin entitled thereto may have same without serving the remaining next of kin, O. 16 r. 33. Originating summons in Ch. Div., next of kin may take out, as of course, for determination of questions or matters affecting administration, O. 55, r. 3. Also for a general administration order, O. 5."), r. 4. Nisi Prius — See Assizes — London & Middlesex— Trial. Non-compliance with Rules — Shall not render proceedings void, 0. 70, r. 1. Non-compos — See Lunatic. Non- joinder — Plaintiffs: adding or substituting, O. 16, r. 2. Adding plaintiffs who ought to have been joined, (). 16, r. 11. Application ma}' be made at any time before or at tiial 0. 16, r. 12. Consent in writing re(juisite, 0. 16, r. 11. Defendants: adding, (). 16, r. 11. Application may be made at any tiiur. bufon- or at trial, 0. 16, r. 12. I^on-joinder {continued). Amended copy writ shall be filed and served, O. 16, r. 13. Proccediugs shall be deemed to have commenced against added defendant only on such service, O. 16, r. 11. And see Joinder of Parties. IQ'ot Guilty by Statute — Saving as to plea and defence of, O. 19, r. 12. No other defence to the same cause of action without leave, ih. ^Notice — Address for ser\ice after removal of cause or matter to Loudon from D. R, O. 35, r. 18. Admission of whole or part of opponent's case, O. 32, r. 1. Admit documents, notice to, 0. 32, r. 2. Form of notice shall be B. 11, with any requisite vari- ation, O. 32, r. 3. Affidavit made or filed before issue joined, notice of intention to use at trial, O. 37, r. 24. Notice of intention to use, in support of chamber applica- tion in Ch. Div., 0. 38, r. 20. AjDpeal, notice of, O. 58, r. 1. Appearance, notice of, shall be given, O. ] 2, r. 9. Form of notice, A. part II., No. 2 ; 0. 12, r. 9. Bail in admiralty action, notice of ... A. part II. No. 10. Proicipe for ... ... ... ... „ „ 9. Chamber application in Ch. Div., notice of intention to use affidavit in support of any, O. 38, r. 20. Charging stock, O. 46, r. 4. Form of notice shall be B. 22, with any requisite variation, O. 46, r. 4. WithdraAval of notice, O. 46, r. 9. Chose in action, notice of assignment, § 25 (6). Creditor, notice (L. 4) to produce documents in support of his claim in administration action, 0. 55, r. 50. Allowance of claim, notice of (L 7) ; O. 55, r. 56. Prove claim, notice to, (L 8) ; O. 55, r. 56. That che(|ucs receivable, (L 9) ; O. 55, r. 60. 317 Notice {continued). Cross-appeal, notice upon, O. 58, r. 6. Cross-examination of deponent, where evidence given by affi- davit, notice for, 0. 38, r. 28. Form, B 20. Crown side of Q. B. D.,rviles of O. QQ as to notices applied to, O. 68, r. 2. Discontinuance of action, notice by plaintiff of, O. 26, r. 1. Form of notice, B. 1 9. Equitable relief claimed by a defendant against any person, notice of, § 24 (3). Evidence taken in another cause or matter, notice to read, O. 37, r. 3. Execution, notice of renewal of, 0. 42, r. 20. Form, B. 21. Facts, notice to admit, 0. 32, r. 4. Form shall be B. 12, with any requisite variation, 0. 32, r. 5. Form of notice of admissions, B. 13. Forms : — Admissions of fact Admit documents Facts Appearance, entry of ... Bail in admiralty action Charging stock or shares Counter-claim, to appear to Creditor to pi'oduce document Allowance of claim Cheques receivable Prove claim Cross-examination of deponent Discontinuance Execution, renewal of Further consideration, cause for Inspect documents Land, limited defence in action for Motion ... ... ... B. 13. B. 11. B. 12. A. part II., No. 2. „ 10. B. 22. B. 2. in supjjort of claim L. L. L. L. B. 20 B. 19 B. 21 in Ch. Div. set down L. 27 B. 10 ... A. part 11. No. : B. 18 -SIS Notice {continued). Payment into court ... ... ... ... B. 3. Acceptance by plaintiff ... ... ... B. 4. Produce documents at trial ... B. 14. For inspection ... ... ... ... B. 9. Third party B. 1. Trial B. 16. Writ of summons, notice in lieu of service : — Central office A. part I., No. 9. District registry ... ... ... „ » 10. Further consideration, notice that cause in Ch. Div. ]ias been set down for, O. 36, r. 21. Form may be L. 27 ; 0. 36, r. 21. Inspect and admit documents, notice to, O. 32, r. 2. Form shall be B. 11, with any requisite variation, O. 32, r. 3. Inspect documents, notice of appointment to, pursuant to notice to produce, O. 31, r. 17. Form shall be B. 10, with any requisite variation, O. 31, r. 17. Intention to proceed, month's notice of, where no proceeding had for a year, O. 64, r. 13. Judgment or order, notice of, in actions for administration or execution of trusts, O. 16, r. 40. Memorandum inform G. 28 shall be indorsed, 0. 16,r. 43. Memorandum of service of notice of judgment, G. 26. Land, notice limiting defence in an action for recovery of, O. 12, r. 28. Form shall be A., part II., No. 3, with any requisite vari- ation, 0. 12, r. 29. Notice of appearance by landlord, O. 12, r. 27. Month's notice of intention to proceed, where no proceeding had for a year, O. 64, r. 13. Motion, notice of, O. 52, r. 3. Form B. 18. Offices of Supreme Court, notices sent from, may be sent by- post, O. 67, r. 3. Order in Ch. Div., notice to settle, O. 62, r. 8. Notice to pass, O. 62, r. 11. 319 Notice [^cotitimced). Orders, notice of certain, shall be given in lieu of drawing up and serving such orders, O. 52, r. 14. Pajment into court by defendant, notice of, O. 22, r. 4. Form shall be B. 3, with any requisite variation, O. 22 r. 4. Acceptance by plaintiff, notice of, 0. 22, r. 7. Form shall be B. 4 ; O. 22, r. 7. Place of trial, notice of, shall be served on defendant, within six days of appearance, where no statement of claim has been delivered or required, O. 36, r. 1. Production of documents at trial, O. 32, r. 8. Form shall be B. 14, with any requisite variation, O. 32, r. 8. Production of documents referred to in pleadings or affidavits for inspection, notice for, O. 31, r. 15. Form shall be B. 9, with any requisite variation, O. 31, r. 16. Removal of action in D. R., notice of, O. 35, r. 14. In Admiralty action, O. 35, r. 13 (4). Revenue side of Q. B. D., rules of 0. 6Q as to notices applied to, O. 68, r. 2. Special jury, notice of, O. 36, r. 7. Taxation, notice of, shall be one day's, O. 65, r. 16. Unnecessary, where no appearance entered, O. 65, r. 17. Third party notice where defendant claims contribution or indemnity over, O. 16, r. 48. Form of notice shall be B. 1, with any requisite variation O. 16, r. 48. Trial, notice of, O. 36, r. 13. Form shall be B. 16, with any requisite variation, O. 36, r. 13. Writ for service out of jurisdiction, notice in lieu of service, O. 11, r. 7. Forms, central office ... ... A. part I. No. 9. District registry ... ... „ » 10. Writing, all notices shall be in, unless expressly authorised by the court or a judge to bo given orally, O. 66, r. 1. And see the various titles throughout the Index. Nuisance — Pleadings, forms of : — Claim, statement of, for pollution of water ... ... ... C. sec. G, No. 12. Smells ... ... ... „ ,,11. Defence ... ... ... ... ... D. sec. G. Writ of summons, forms of indorsement on :-t- Noxious vapours ... ... A. part III., sec. 4, No. 71. Noise ... ... ... „ „ „ 72. Pollution of water ... ... „ „ „ GO. o Oath- Central office, first and second class clerks in filing and record department have power to administer, O. 61, r. 5. Chief clerk has power to administer, 0. 55, r. 16. Commissioners to administer oaths ; see that title. District registrar shall have power to administer, § 62. Examiner has power to administer, O. 87, r. 19. Inteqjretation : includes affirmation and declaration, § 100. Masters of Supreme Court have power to administer, O. 61, r. 5. Oath to be taken by judges and by the L. C, §§ 5. Taxing officer has power to administer, O. 65, r. 27, reg. 25. Office Copy- Affidavits, office copies of, may in all cases be used, 0. 38, r. 15. When original allowed to be used, office copy need not be taken, O. 65, r. 27, reg. 53. Central office, copies sealed with seal of, shall be presumed to be office copies issued from the, and if duly stamped may be received in evidence without further authentication, O. 61, r. 7. Chief clerk's certificates, petitions, written admissions of evidence, and submissions to arbitration irar^o orders o OflB.ce Copy {continued). court, office copies of, shall be ready within forty-eight hours after the bespeak, 0. 61, r. 31. Claimants filing affidavits under administration ordevs shall not be required to take office copies, but same shall be taken by the person examining the claims, 0. 55, r. 48. District registry, office copy under seal of, shall be received in evidence throughout the United Kingdom, § 61. Documents, affidavit of, office copy need not be taken, 0. 65, r. 27, reg. 54. High Court, office copies of all documents filed in the, shall be . admissible in evidence to the same extent as the originals would be admissible, 0. 87, r. 4. Taken, office copy of any document filed, shall be, by the party filing .same, 0. (SQ, r. 7 (/). Produced, such copy shall be, on every proceeding, 0. Q^, r. 7 {g). Taking office copies where party refuses to supply copy, O. 66, r. 7 in). Officers — Abolition or alteration of unnecessary office upon the occur- rence of any vacancy ; see VACANCY, infra. Appeals, officers attached to any division shall follow the appeals from that division, O. 60, r. 2. Appointment of officers, § 84. Associates ; see that title. Attached to any division shall remain attached to same division, 0. 60, r. 1. Attorneys ; see Solicitors. Chamber clerks of judges appointed after commencement of Act, shall be officers in the permanent civil service of the Crown, § 79. As to their salaries, see §§ 35. Chancery of Lancaster, duties as to appeals from, shall be performed by officers of the Supreme Court, § 77. Chancery officers shall continue to perrorm duties in aid of any duty of the L. C, § 94. Chancery registrars ; see that title. Y 322 Officers {continued). Chancery registrar's office, registrars and registrar's clerks in, saving as to, § 77. Chief clerks ; see that title. Circuit officers, saving as to, § 98. Clerk of council of Lancaster, duties as to appeals transferred to officers of the Supreme Court, § 77. Clerk of enrolments abolished, :J: 14. Clerk to petty bag abolished, \14>. Commissioners for acknowledgments ; see that title. Commissioners to administer oaths ; see that title. Common Pleas of Lancaster, saving as to officers of. ^ 78. Transfer of powers to Lord Chancellor, § 78. Court of Pleas at Durham, saving as to officers of, § 78. Transfer of powers to Lord Chancellor, § 78. Compensation, right to, of officers, paid out of fees and whose emoluments are affected by Act, § 80. Deposit and undertaking for fees, charges and expenses, where officer required to attend with any document at any court, O. 61, r. 29. Distribution of business amongst officers of Supreme Court, §77. ^ District registrars ; see that title. Duties of officers of, § 84. Existing officers, transfer of, to Supreme Court, § 77. Division, officers attached to any, shall remain so attached, O. 60, r. 1. Doubts as to status of such officers may be determined by rules of court, § 81. Increase of salaries of existing officers whose duties are increased by the Act, § 77. Saving as to circuit officers, § 93. Extension of 32 and 33 Vic. c. 91, s. 14, to officers of Supreme Court and in Lunacy, '\l 20. Judges, personal officers of, § 79. Chamber clerks ; see Chamber Clerks, supra. Lord Chancellor, officers attached to, shall so continue as if Act had not passed, § 94. Marshal, judge's, saving as to office of, § 77. 323 Officers {contimied). Masters ; see that title. Official referees ; see Referees, Official and Special. Patronage not otherwise provided for, § 86. " Proper officer," meaning of the term when used in the rules, O. 71, r. 1. Queen's remembrancer ; see that title. Record and writ clerk abolished, :|: 14. Registrars ; see that title. Removal of officer, § 84. When disabled, | 18. Rolls court and chambers, power of L. C. to make orders as to officers of, Jj 7. Royal Courts of Justice, appointment, etc. of persons to keep order, and charged with care and cleaning of, H 23. Salaries, J 15. Power to increase, when duties increased by Act, § 77. Of chamber clerks, §§ 35. Saving as to existing rights, I 29 (2). Where transferred to central office, J 23. Secretary of M. R., duties of assigned to Ch. registrars, 0. 62, r. 18. Secretary to visitors of lunatics abolished, §§31. Solicitors; see Solicitors. Status, doubts as to, may be determined by rules of court, + 24. Vacancy, abolition of unnecessary office on vacancy, § 77. Assent of L. C. and concurrence of Treasury necessary to any new appointment, §§ 34. Notice of vacancy to be given to L. C. and Treasury, tt21. Temporary discharge of duties, arrangements may be made by L. C, |+ 21. Offices- District registries, offices in, when to be open, O. 63, r. 7. Manchester, at Whitsuntide, O. 63, r. 10. Holidays in Supreme Court, when offices closed, 0. 63, r. 4. Office hours in the ^'upreme Court, 0. 63, r. 9. Y 2 324 Offices {continued). Office hours in the district registries, 0. 63, r. 7. Registrar of judgments, etc., shall not receive memorandum for registration after 2 p.m., 0. 61, r. 22. Saturdays, offices shall close at 2 p.m., O. 63, r. 8. Sittings of, shall extend over the whole of the four periods between the vacations, O. 63, r. 3. Time, expiration of, when offices closed, 0. 64, r. 3. Official Referees — See Referees, Official and Special. Official Solicitor — May be directed to conduct any proceedings, and carry out any directions, where there is undue delay in the prose- cution of any accounts or inquiries or any judgment or order, O. 33, r. 9. May be directed to attend on inquiry as to improper, unreason- able, or fruitless costs, 0. 65, r. 11. Option — Appearance, option of defendant to appear in district registry or in London, where he does not reside o r carry on busi- ness in district, O. 12, r. 5. Division, option of plaintiff to choose, §§11. Document commencing the cause or matter shall be marked, O. 5, r. 5. Judge, option of plaintiff' to choose, in chancery cause or matter, subject to rules of court, § 42. Assigned to and marked by officer of the court, shall be O. 5, r. 9. Writ of summons, option of plaintiff" to issue in any registry in any action, except Probate, O. 5, r. 1. Oral Examination of Debtor — See Attachment of Debts — Execution, E. Oral Examination of "Witness — See Evidence. 325 Order — Admissions of evidence, petition, submission to arbitration, or award, on which order made, shall be filed before order shall be passed, O. 61, r. 15. Appeal, consent orders and orders as to discretionary costs shall not be subject to appeal, except by leave, | 49. Chamber orders, § 50. And see Chambers. Central office, department of, for summonsesand orders, 0. 61,r.l. Clerical mistakes in, amendment of, O. 28, r. 11. Date, shall be date when made, unless otherwise directed, O. 52, r. 13. Defects or errors in any proceeding, amendment of on terms, O. 28, r. 12. Demand of obedience, unnecessary, person is bound to obey order on being served therewith, O. 42, r. 1. Discharging order made in chambers, § 50. Effect shall be from date when made unless otherwise directed, 0. 52, r. 13. Enforced, orders may be, as judgments, O. 42, r. 24. Enrolment, unnecessary, 0. 61, r. 8. Ex 'parte orders shall not, unless by leave, be of any force unless affidavit on which made, was made before order applied for, and was produced or filed on application, O. 38, r. 19. Forms of: — Affidavit of documents ... ... ... ... K. 17. Amend K. 10. Arbitration, order of reference ... ... ... K. 24 Examination of witness ... ... ... K. 25. With documents K. 26. Arrest under Debtors Act (cajnas) ... ... K. 31. Charging order (solicitor's costs) ... ... K. 29. Charging stock (nf si) ... ... ... ... K. 27. (absolute) K. 28. County court, removal of judgment from ... K. 30. „ trial in K. 44. „ or for security ... ... ... K. 45. Debtors Act, arrest under (capias) K. 31. Debtor ; see Judgment Debtor, infra. 326 Order {continued). Directions, order for ... ... ... ... K. 4. Discharge or vary, on application of third party K. 14. Discovery in aid of execution : order for exami- nation of judgment debtor... ... ... K. 46. Discovery of documents ... ... ... K. 17. Dismiss for want of prosecution ... ... K. 1 5. Dismissing summons ... ... ... ... K. 57. Garnishee, nisi ... ... ... ... ... K. 30. „ absolute ... ... ... ..- K. 40. „ attendance of judgment debtor for examination as to debts ... ... ... K. 38. General form of order ... ... ... ... K. 2. Inspection of documents ... ... ... K. 18. „ „ „ (underwriters) ... K. 19. Interpleader, Nos. 1 to 7 K. 50 to K. 50. Interrogatories ... ... ... ... ... K. 16. Judgment debtor, examination of, touching means K. 46. „ „ „ attachment of debts K. 38. „ „ payment of debt by instalments K. 47. „ „ committal ... K. 48. „ „ „ on non-payment of instalment ... ... ... ... K. 49. Judgment under O. 14, Nos. 1 to 4 ... K. 6 to K. 9. Notice claiming contribution, issue of . . . ... K. 23. Particulars, accident case ... ... ... K. 13. „ general ... ... ... ... K. 12. „ partnership ... ... ... ... K. 11. Production of documents for inspection ... K. 18. „ „ „ „ (underwriters) K.^19. Reference to arbitrator ... ... ... ... K. 24. „ master ... ... ... ... K. 34. „ referee under § 56 . . . ... ... K. 32. „ » „ „ §57 K.33. Removal of judgment from county court ... K. 30. Solicitor's costs, charging order for ... ... K. 29. „ „ taxation, client's application ... K. 41. „ „ „ solicitor's „ ... K. 42. „ „ „ after action brought ... K. 43. 327 Order {continued). Third party, leave to issue notice for contribution K. 23. „ discharge or vary, on application of K. 14. Time K. 5. Trial in county court ... ... ... ... K. 44. „ „ „ to give security or for ... K. 45. Witness, attendance of, before arbitrator ... K. 25. „ „ „ „ „ „ with documents K. 26. „ commission for examination of (short order) K. 36. (long order) K. 37. „ examination of before trial ... ... K. 35. Writ of summons for service out of jurisdiction K. 20. „ „ renewal of ... ... ... K. 22. „ „ substituted service of ... K. 21. Judgment, consent to order for, shall be given by defendant's solicitor or agent, 0. 41, r. 9. Where defendant has not appeared, or has appeared in person, O. 41, r. 10. Judgment in pursuance of order, form of, F. 12. Name of judge or master by whom order in Q. B. D., or P. D. and A. Div. made, shall be marked thereon, O. 54, r. 29. Non-compliance with rules shall not render proceedings void, O. 70, r. 1. " Order " includes rule, § 100. Orders on petitions of course in Ch. Div. shall be drawn up, passed, and entered by registrar, O. 62, r. 18. Certain orders need not be drawn up, O. 52, r. 14. Service of order where person directed to pay any money or to do any act, O. 42, r. 1. How effected, see Service of Writs, Orders, etc. Person served is bound to obey without any demand of obedience, 0. 42, r. 1. Settling and passing chancery orders ; see Chancery Registrars. Year, letter, and number of cause or matter shall be marked, O. 61, r. 19. Orders in Council — Circuits may be regulated by, §§ 23. 328 Orders in Council {continued). District registries may be created by, § 60. Joint district registrars may be appointed, §§ 13. Divisions may be altered by, § 32. Inferior courts, admiralty and equity jurisdiction of county courts may be conferred by, § 88. Parliament, Avhen to be laid before, §§ 25. Vacations may be regulated by, § 27. Originating Summons — See Administration and Execution of Trusts. Palatinate Counties and Courts — See County Palatine of Durham — County Palatine of Lancaster. Paper- Accounts, copies, and papers left at chambers, shall be written onfoolscap paper, bookmse, unless impracticable, 0. 66, r. 2. Prints, paper for, shall be cream wove machine drawing foolscap folio paper, 19 lbs. per mill ream, 0. 66, r. 3. Written copies shall be written on the same paper as printed copies, O. 66, r. 7 {in). Parliamentary Election Petitions — Jurisdiction of H. C. final, unless leave to appeal given, and decision of C. A. then final, Ji 14. Jurisdiction of judge on rota continued in pending matters after his year of ser^ice has expired, ^\ 13. Selection of judges for trial of, JJ 13. Particulars — Libel or slander, particulars of matters intended to be given 329 Particulars {continued). in evidence by defendant in mitigation of damages may be delivered seven days before trial, O. 36, r. 87. In default such evidence shall not be admitted, unless by leave, 0. 36, r. 37. Offer to deliver particulars may affect decision on opponent's application to interrogate, O. 31, r. 2. Pleadings, shall give particulars (with dates and items if necessary), but particulars of debt, expenses, or damages, delivered, or to be delivered, may be referred to, 0. 19, r. 6. Further and better particulars may be ordered, upon terms, 0. 19, r. 7. Orders, forms of: — Accident case ... ... ... ... K. 13. General K. 12. Partnership ... ... ... ... K. 11. Time for pleading, applicant shall have the same, as he had on return of summons, but order shall not other- wise operate as a stay, O. 19, r. 8. Stated or settled account shall be alleged in pleadings with particulars, O. 20, r. 8. Parties to Actions — Abate, cause or matter shall not, by reason of marriage, death, or bankruptcy, if cause of action survive, O. 17, r. 1. Abatement, no plea or defence in, shall be pleaded, 0. 21, r. 20. Administration and execution of trusts, parties in proceedings for ; see Administration and Execution of Trusts. Assignment, creation, or dev(3lution of any estate or title pendente lite, shall not render cause or matter defective, O. 17, r. 1. Continued, may be, by or against the person to or on whom the estate or title has devolved, O. 17, r. 3. Devolution by operation of law, in cases of, the successor may be joined by order, O. 17, r. 2. New parties may be joined by order, 0. 17, r. 4. Bankruptcy shall not abate action, 0. 17, r. 1. Trustee may be joined, 0. 17, r. 2. Death shall not abate action if cause survive, 0. 17, r. 1. 380 Parties to Actions {covtinued). Defendants ; see JoiNDER OF Parties, B. Executors and administrators may sue and be sued without joining beneficiaries, 0. 16, r. 8. Firms ; see that title. Infants may sue by their next friends and defend by their guardians, as heretofore in Ch. Div., 0. 16, r. 16. Next friend's authority to solicitor shall be signed and filed before his name is used, O. 16, r. 20. Joinder of parties ; see that title. Lunatics and persons of unsound mind may sue by their com- mittee or next friend, and defend by their committee or guardians, O. 16, r. 17. Next friend's authority to solicitor shall be signed and filed before his name is used, 0. 16, r. 20. Married women may sue and be sued as provided by the Married Women's Property Act, 1882, 0. 16, r. 16. Mis-joinder ; see Joinder of Parties. Mortgagor entitled to the possession or rents of land, whereof mortgagee has given no notice of taking pos- session, may sue in his own name only, § 25 (5). New parties ; see Joinder of Parties, C. Non-joinder; see Joinder of Parties, C. Partners ; see that title. Personal representatives ; see Executors, supra. Plaintiffs ; see JoiNDER OF Parties, A. Probate actions, rules as to parties heretofore in force, shall continue in force, 0. 16, r. 10. Representative parties may sue and be sued, and may be authorised to defend on behalf of all parties interested, O. 16, r. 9. Ai^pointment of person to represent heir, next of kin, or a class, O. 16, r. 32. Third parties ; see that title. Trustees may sue and be sued without joining beneficiaries, and shall represent such beneficiaries, but the latter may at any stage of the action be ordered to be joined, O. 16, r. 8. 331 Partition — Actions as to, of real estate, assigned to Ch. Div., § 34. Form of prceci/:)e for commission of ... ... ... G. 18. Statement of claim, form of ... ... C. sec. 2, No. 13. Partners — Plaintiffs : two or more persons may sue in the name of the name of the firm, of which they were partners when the cause of action accrued, 0. 16, r. 14. Demand of names and residences of partners, 0. 7, r. 2. Pleading ; constitution of firm shall be denied specifically, 0. 21, r. 5. Summons for names of co-partners, 0. 16, r. 14. Defendants : two or more persons may be sued in name of the firm, of which they were partners when the cause of action accrued, O. 16, r. 14. So where one person carries on business in name of a firm, apparently consisting of more than one person, 0. 16, r. 15. Appearance shall give individual names of partners, O. 12, r. 15. So also if only one member of firm, 0. 12, r. 16. Execution against firms, O. 42, r. 10. Judgment or order against a firm, how enforced, O. 42, r. 10. Pleading, constitution of firm shall be denied specifically, 0. 21, r. 5. Summons for names of co-partners, O. 16, r. 14. Writ of summons may be served on partner, or on any person having the control or management of the business, O. 9, r. 6. So also where there is but one person in the business, 0. 9, r. 7. Where partnership has been dissolved, every person sought to be made liable shall be served, O. 16, r. 14 Partnership — Actions and matters referring to dissolution of, and taking accounts of, assigned to Ch. Div., § 34. Statement of claim, form of, in an action for dissolution and accounts ... ... ... ... C. sec. 2, No. 3. 332 Party — Interpretation of term when used in Act, § 100. Passing Orders in Chancery Division — See CiiAN'CEKV Registrahs. Patent — Pleadings, forms of, in actions for infringement : — Claim, statement of ... ... ... C. sec. G, No. 0. Defence ... ... ... ... ... C. sec. 6. Writ of summons, form of indorsement of claim, A. part III.) sec. 4, No. 03. Patronage — Exercise of, where not otherwise provided for, § 86. Power to abolish on abolition of offices of certain judges, § 32. Saving as to patronage vested in judges going circuit, § 93. Vested in existing judges, § 11. Paupers, Proceedings by or against — Admitted, any person may be, to sue or defend as a pauper on proof that he is not worth £25, his wearing apparel and the subject matter of the cause or matter only excepted, 0. 16, r. 22. Case shall be laid before counsel for his opinion by person desirous of suing as a pauper, O. 16, r. 23. Produced, shall be, with an affidavit of the pauper's solicitor to the court, judge or officer, to whom the application to sue as a pauper is made, O. 16, r. 24. Costs ordered to be paid to a pauper shall, unless otherwise directed, be taxed as in other cases, 0. 16, r. 31. Counsel may be assigned, and cannot refuse to act unless for good reason, 0. 16, r. 26. No fee payable by a pauper to his counsel, O. 16, r. 24. Court fee, pauper shall not be liable to any, O. 16, r. 25. No person shall take, agree to take, or seek to obtain, from any pauper, any fee, profit, or reward for conduct of his business in court, under penalty of contempt of court, O. 16, r. 27. Pauper who gives or agrees to give any such fee, profi 333 Paupers, Proceedings by or against {continued). or reward shall be forthwith dispaupered, and not again admitted in the same cause to sue or defend as a pauper, 0. 16, r. 28. Notice of motion shall not be served by pauper, except for the discharge of his solicitor, unless it is signed by his solicitor, 0. 16, r. 20. Solicitor shall take care that same is not served without good cause, 0. 16, r. 30. Petition shall not be presented by pauper, except for the discharge of his solicitor, unless it is signed by his solicitor, 0. 16, r. 29. Solicitor shall take care that same is not presented with- out good cause, 0. 16, r. 30. Solicitor may be assigned, and cannot refuse to act, unless for good reason, 0. 16, r. 26. No fee payable by a pauper to his solicitor, O. 16 r. 24. Summons shall not be issued by pauper, except for the discharge of his solicitor, unless it is signed by his solicitor, O. 16, r. 29. Solicitor shall take care that same is not issued without good cause, 0. 16, r. 30. Paymaster General- Apportionment of fund, or computation of interest, may be directed to be certified by chief clerk and acted upon by papnaster general, O. 55, r. 18. Audit of accounts by comptroller and auditor general, § 4 (2) Funds in Ch. Div. shall be vested in paymaster general on behalf of Supreme Court, and be subject to the Chancery Funds Act, and to the rules, § 2, Funds in other divisions may be directed to be transferred and paid to paymaster general on behalf of Supreme Court, S 3. Orders for payment or transfer of money or securities into or out of court shall be drawn up in conformity with the rules of the Chancery Funds Act, 1872, 0. 62, r. 16. Pay office of the Supreme Court, one only, § 1. Power to make rules with respect to, §§ 24 ; § 4 (1) ; § 7. 334 Paymaster General {continued). Remittances by post, ^ 6. Transfer to and from of government securities, §§ 30. Treasury may give directions as to books and accDunts to be kept, n §100. Joinder ; see Joinder of Parties, A. Misjoinder ; see Joinder of Parties, C. Option of plaintiff to choose di^dsion, §§ 11. Document commencing the cause or matter shall bt- markcd, O. 5, r. 5. Option of plaintiff to choose judge in chancery cause or matter, subject to rules of court, § 42. Assigned to and marked by officer of the court, shall be- O. 5, r. 9. Option of plaintiff to issue wiit in D. R, except in probat< actions, O. 5. r. 1. Security for costs by ; see Costs, C. Trial, default of appearance at, O. 36, r. 32. Plea in Abatement — Abolition of, O. 19, r. 13 341 Pleading's — A. Form, Contents and Effect of; B. Delivery or Filing (iiid Time ; G. Amendment ; D. Default of Pleading ; E. Striking out. A. Form, Contents and Effect of Abatement no plea or defence in shall be pleaded, O. 21, r. 20. Admission of whole or part of opponent's case, 0. 32, r. 1. Facts not denied shall be taken as admitted, except as against infants, lunatics, and persons noro compos, O. 19, r. 13. Facts not admitted where they ought to have been admitted, power to make order as to extra costs, O. 21, r. 9. Alternative contracts or relations may be alleged, O. 19, r. 24. Brief, pleadings shall be, O. 19, r. 2. dose of pleadings on joinder of issue, 0. 23, r. 5. Condition precedent intended to be contested shall be distinctly specified ; subject thereto an averment of the performance or occurrence of conditions prece- dent shall be implied, 0. 19, r. 14. Contract, bare denial of, shall operate as a denial of the fact, not the legality or sufficiency, O. 19, r. 20. Contract implied from letters or conversations, how pleaded, 0. 12, r. 24. Conversations raising implied contract how pleaded, O. 19. r. 24. Costs of issues of fact and law shall follow the event, unless otherwise ordered, 0, 65, r. 2. Costs, special allowance may be made, O. 65, r. 27,j'eg. 1. Copy to settle shall not be allowed, 0. 65, r. 27, reg. 2, Counsel's reasonable fees to settle are to be allowed, O. 65, r. 27, reg. 15. Date of pleading, shall be marked on its face, 0. 19^ r. 11. Dates shall be expressed in figures, 0. 19, r. 4. Defence ) ,i .-.i ^ - see those titles. Demurrer j 342 Pleadings {continued). A. Form, Contents and Effect of {continued). Denial : allegations not denied shall be taken as admit - tfd, except as against infants, lunatics, and persons non compos, O. 19, r. 13. Allegations denied or not admitted where they ought to be admitted, power to make order as to extra costs, 0. 21, r. 9. Bare denial of contract shall operate as a denial of the fact, not of the legality or sufficiency, 0. 19, r. 20. Bills of exchange, in actions on, some fact must be denied, e.g., the drawing, O. 21, r. 2. Contract, fact from which liability arises must be denied, 0. 21, r. 3. Debt, denial of, is inadmissible, 0. 21, r. 1. General denial is insufficient, each allegation must be dealt with specifically, 0. 19, r. 17. Must be substantial not evasive, 0. 19, r. 19. Eeprcsentative character of party, or constitution of firm, shall be specifically denied, O. 21, r. 5. Unnecessary as to damages, O. 21, r. 4. Distinct claims or defences shall be separately stated, O. 20, r. 7. Documents, how pleaded, O. 19, r. 21. Evidence shall not be pleaded, O. 19, r. 4. Facts showing illegality must be pleaded, O. 19, r. 15. Must be dealt with specifically, O. 19, r. 17. Must be denied substantially and not evasively, 0. 19, r. 19. Not denied shall be taken as admitted, except as against infants, lunatics, and persons non compos, O. 19, r. 13. Not admitted where they ought to have been admitted, power to make order as to extra costs, 0. 21, r. 9. Presumed by law to be in party's favour, need not be pleaded unless specifically denied, O. 19 r. 25. 343 Pleadings {contimied). A. Form, Contents and Effect of {continued). Figures : dates, sums, andTiumbers shall be expressed in O. 19, r. 4. Firms, constitution of, shall be denied specifically, O. 21, r. 5. Forms ; see Statement of Claim — Defence — Reply. Example of a claim, defence and reply, E. sec. 2. Fraudulent intention may be alleged as a fact -svithout setting out the circumstances, O. 19, r. 22. General issue by statute, pleading shall cite statute in margin, 0. 21, r. 19. Illegality of contract shall be specially pleaded, 0. 19, r. 20. Implied contract or relation, how pleaded, 0. 19, r. 24 Inconsistent pleadings not allowed, O. 19, r. 16. Indorsed, shall be, Avith name and address of solicitor or agent, or party in person, O. 19, r. 11. Insufficiency of contract must be specially pleaded, O. 19, r. 20. Interest in probate action where disputed by plaintiff, O. 20, r. 9. Issues may be stated, where issues of fact are not suffi- ciently defined, O. 33. r. 1. Joinder of causes Joinder of parties Knowledge may be alleged as a fact without setting out the circumstances, O. 19, r. 22. Land, in action for, defendant in possession need not plead his title, unless it be equitable, but may plead that he is in possession and may rely on any defence that he can prove, O. 21, r. 21. Such a plea implies a denial of the facts alleged in the statement of claim, O. 21, r. 21. Letters raising implied contract may be referred to generally, O. 19, r. 24. Malice may be alleged as a fact without setting out the circumstances, O. 19, r. 22. Marked, pleadings shall be, with the date, reference, > see those titles. Pleadings [continued). A. Furm, ContenU a ad Effect of [continued ). division, judge (if any), title, description of pleading, O. 19, r. 11. Matters arising pending action may be included in defence, O. 24, r. 1. If defence delivered, further defence may be delivered in eight days, 0. 24, r. 2. Plaintiff may confess defence and sign judgment for costs, unless otherwise ordered, 0. 24, r. 3. Form of confession may be B. 5, with any requisite variation, O. 24, r. 3. New assignment abolished and amendment substituted, O. 28, r. 6. New grounds, or inconsistent facts, shall not be raised, except by way of amendment, O. 19, r. 16. Not guilty by statute may be pleaded as heretofore, but no other defence to the same cause of action without leave, O. 19, r. 12. Notice may be alleged as a fact, unless the form or precise terms of the notice, or the circumstances from which same is inferred, be material, O. 19, r. 23. Numbers shall be expressed in figures, 0. 19, r. 4. Paragraphs, pleadings shall be in numbered, 0. 19, r. 4. Particulars of fraud, breach of trust, etc., and whenever necessary, shall be stated, with dates and items, if necessary, O. 19, r. 6. Further and better particulars may be ordered, on terms, O. 19, r. 7. Particulars of debt, expenses or damages above three folios and delivered, or to be delivered, may be referred to, O. 19, r. 6. And see Particulars. Partnership firm, constitution of, shall be denied specifically, 0. 21, r. o. Payment into court shall be signified, and the claim or cause specified, O. 22, r. 2. Preliminary act to be filed in an admiralty collision suit, O. 19, r. 28. 345 Pleadings {continued). A. Form, Contents and Effect of {continued). Presumptions of law need not be pleaded, 0. 19, r. 25. Printed ; pleadings of less than ten folios may, and above ten folios shall, be printed, O. 19, r. 9. Prohibition, pleadings in, shall be, as nearly as may be, as in an ordinary action for damages, 0. 68, r. 3. Prolixity; pleadings shall be brief, O. 19, r. 2. Costs occasioned by prolixity shall be borne by the party chargeable therewith, 0. 19, rr. 2, 5. Longer forms than those in appendices, when same are applicable, shall be deemed prolix, O. 19, r. 5. Taxing master shall look into and may disallow costs of improper, unnecessary, or prolix pleadings, O. 65, r. 27, reg. 20. Relief shall be claimed specifically, and may be given, though not asked for, 0. 20, r. 6. Reply ; see that title. Representative capacity shall be denied specifically, O. 21, r. 5 Signature of counsel unnecessary, but where pleadings have been settled by counsel or pleader, they shall be signed by him ; otherwise by the solicitor, O. 19, r. 4. Solicitor's name and place of business shall be marked, O. 19, r. 11. Signature necessary where pleadings not settled by counsel or pleader, 0. 19, r. 4. Statement of account relied on by way of evidence or admission, shall not be pleaded, O. 21, r. 8. Statement of claim ; see that title. Stated or settled account shall be alleged with particulars, O. 20, r. 8. Statute of frauds must be specially pleaded, O. 19, r. 20. Sums shall be expressed in figures, O. 19, r. 4. Technical objections for want of form shall not be raised to pleadings, O. 19, r. 26. Written, pleadings of less than ten folios may be, O. 19, r. 9. 346 Pleadings {continued). A. Form, Contents and Effect of {continued). Year, letter, and number of the cause or matter shall be written or stamped on the first page, 0. 61, r. 19. B. Delivery or Filing and Time. Delivered, every pleading shall be, O. 19, r. 10. Before 6 p.m. (on Saturdays 2 p.m.) or same count-s as of next day, O. 64, r. 11. Filed, shall be, where no aiDpearance entered, 0. 19, r. 10. Date of filing in central office shall be printed or written, O. 61, r. 16. In D. R. where cause or matter proceeds in D. R, O. 35, r. 19. Further time, power to grant, even after time expired, O. 64, r. 7. Costs of more than one extension not allowed unless necessary and unavoidable, O. 65, r. 27, reg. 24. Defendant appearing after time for appearance, not allowed further time to defend or for any other purpose than if he had appeared in due time, unless otherwise ordered, O. 12, r. 22. Enlargement of time by consent, without application to the court or a judge, 0. 64, r. 8. Long vacation, pleadings shall not be delivered in unless directed, O. 64, r. 4. Not counted in computing time, O. 64, r. 5. Saturday, pleadings must be delivered before 2 p.m., or same counts as of Monday, O. 64, r. 11. Time ; statement of claim shall be delivered in five weeks from defendant's notice requiring same, or not more than six weeks from appearance, unless otherwise ordered, O. 20, r. 1. In Admiralty actions in rem, in twelve days from appearance, O. 20, r. 3. In Probate actions within six weeks fiom appearance, but need not be delivered until eight days after defendant's affida\it of scripts filed, O. 20, r. 2. 347 Pleadings {continued). B. Delivery or Filing and Time {continued). Defence, shall be delivered in ten days from statement of claim, or time for appearance, whichever shall be last, 0. 21, r. 6. Within eight days from order for leave to defend, unless thereby otherwise limited, O. 21, r. 8. Reply shall be delivered in admiralty actions within six days and in other actions within twenty-one days, after defence, O. 23, r. 1. Subsequent pleadings shall be delivered in four days from previous pleading, 0. 23, r. 3. Time does not run between day of service of order for security for costs, and day on which security given, both inclusive, 0. 64, r. 6. C. Amendment. All amendments necessary to determine real question in controversy, shall be made, 0. 28, r. 1. Application may be to court or judge, or judge 'at trial, and may be allowed on terms, O. 28, r. 6. Costs of amendment of plaintiff's pleadings shall be defen- dant's costs in the cause, 0. 65, r. 27, reg. 31. Defendant shall have costs of plaintiff's disallowed amendments, 0. 65, r. 27, reg. 32. Counter-claim, defendant may amend once without leave, before expiration of time for reply, or if no reply, within twenty-eight days from defence, 0. 28,r. 3. Court of Appeal, powers of as to amendment, 0. 58, r. 4. Crown side of Q. B. D., application of rules of O. 28 as to amendment to, O. 68, r. 2. Date of order and date of amendment shall be marked, O. 28, r. 9. Delivered shall be to the opposite party within the time allowed for amending, O. 28, r. lO. Disallowance of amendments on application within eight days, 0. 28, r. 4. Failure to make amendment after leave, O. 28, r. 7. G4S Pleadings {cuntiinwd). C. Aineiidiiient {continued). Failure to plead to amended pleading, party shall be deemed to rely on his original pleading, 0. 28, r. 5. Inconsistent with pre\dous pleading, amendment may be, O. 19, r. 16. Long vacation, amendments shall not be made in, unless directed, O. 64, r. 4. New assignment, amendment in lieu of", 0. 23, r. 6. New and inconsistent case may be raised by amendment, O. 19, r. 16. Opposite party shall plead to amended pleading within his then time, or eight days from amendment, or be deemed to rely on his original pleading, O. 28, r. 5. Order, form of, K. 10. Need' not be drawn up ; notice thereof shall be served, 0. 52, r. 14. Revenue side of Q. B. D., application of rules of O. 28 as to amendment to, 0. 68, r. 2. Statement of claim, plaintiff may amend once \\dthout leave, within time for reply, and before reply, or (where no defence) within four weeks from appearance of last defendant, O. 28, r. 2. Striking out amendment on application within eight days, O. 28, r. 4. Unnecessary or scandalous matter, or tending to pre- judice, embarass, ordelay the fair trial, 0. 19, r. 27. Terms may be imposed on application to amend, O. 28, r. 6. Time, amendment shall be made within time limited by the order, or, if none limited, within 14 days, otherwise order shall become void, unless extended, O. 28, r. 7. May be enlarged by consent, O. 64, 8. To plead to amended pleading, shall be the time the party then has, or eight days from amend- ment, whichever last, 0. 28, r. 5. Written, amendments may be, unless they exceed 144 words in any one place, or are so numerous, or such as to make the document difficult or inconvenient to reai, O. 28, r. 8. 349 Pleadings {continued). D. Default of Pleading. Claim, statement of, defendant may apply to dismiss action with costs, 0. 27, r. 1. Defence, claim being for debt or liquidated demand, plaintiff may enter final judgment, 0. 27, r. 2. Form of judgment, F. 1. Several defendants, one making default, plaintiff may enter judgment and issue execution against him, and proceed against the others, 0. 27, r. 3. Defence, claim being for detention of goods or damages, plaintiff may enter interlocutory judgment and issue writ of inquiry, or the damages may, by order, be ascertained in any other way, 0. 27, r. 4. Form of interlocutory judgment, F. 2. Final judgment after assessment of damages, F. 4. Several defendants, one making default, plaintiff may enter interlocutory judgment against him, and proceed with his action against the others. Value or damages against the defendant in default shall be ascertained at the trial, unless otherwise ordered, O. 27, r. 5. Defence, claim being for debt and detention of goods or damages, plaintiff may enter final judgment for the debt, and interlocutory judgment for the damages, and proceed as in rr. 4, 5 ; 0. 27, r. 6. Defence going to a severable part only of claim, plaintiff may, by leave, enter judgment, but where there is a counterclaim shall not issue execution without leave, O. 27, r. 9. Issues, on default of pleading, in, opposite party may apply for judgment, O. 27, r. 14. Land, in default of defence, plaintiff may enter judg- ment, O. 27, r. 7. Mesne profits, arrears of rent, double value, or damages, where claimed, plaintiff may enter judgment and proceed as in rr. 4, 5 ; O. 27, r. 8. ,S50 Pleadings {continued). D. JJefaidt of Pleading {continued). Other actions, in, in default of defence, plaintiff may set action down on motion for judgment, O. 27, r. 11. Several defendants, in case of, O. 27, r. 12. Probate actions, in, in default of defence, action may proceed notwithstanding, 0. 27, r. 10. Reply in default of, or subsequent pleading, pleadings shall be deemed closed, and all material facts in last pleading denied, O. 27, r. 18. Setting aside judgment by default, 0. 27, r. 15. Third parties, on default by, opposite party may apply for judgment, 0. 27, r. 14. E. StriJcing out. Amendment, on application of opposite party within eight days, 0. 28, r. 4. Counter claim, where case thereby raised ought to Lc disposed of in an independent action, O. 21, r. 15. Defence, on application of defendant, 0. 26, r. 1. For disobedience to order for interrogatories, dis- covery or inspection, 0. 31, r. 21. Fiivolous or vexatious action or defence, 0. 25, r. 4. Parties to action improperly joined, O. 16, r. 11. Pleading showing no reasonable cause of action or defence, O. 25, r. 4. Unnecessary or scandalous matter, or tending to prejudice, embarrass, or delay the fair trial, 0. 19, r. 27. Portions — Actions for raising of, assigned to Ch. Div., § 34. Statement of claim, form of, C. sec. 2, No. 7. Writ of summons, form of indorsement on, A. part III, sec. 1, No. 6. Possession of Ship — Statement of claim, form of, C. sec. 3, No. 5. Writ of possession, form of, H. 9. Writ of summons, forms of indorsement on, A. part III, sea 6, Nos. 4 to 9. 351 Possession, Writ of— Affidavit must be filed showing due service and disobedience of judgment or order, 0. 47, r. 2. Land, writ may issue to enforce judgment for recovery of, 0. 42, r. 5. In manner heretofore used in ejectment, 0. 47, r. 1. Order for leave to issue unnecessary, O. 47, r. 2. Prcecipe, form of, G. 7. Separate writs may issue for possession and costs, O. 47, r. 3. Writ, form of, H. 8. Poundage — May be levied in every case of execution, O. 42, r. 15. Practice — See Procedure. Praecipe— Execution shall not issue without prcBcipe being filed, 0. 42, r. 12. Forms in appendix G. shall be used, with any requisite variation, 0. 42, r. 12. Appeal, entry of . . . G. 23. Argument, entry for G. 24. Attachment, writ of G. 10. Bail bond in admii'alty action ... A. part II, No. 12. Caveat release in admiralty action „ 17. Caveat warrant in admiralty action » >, 18. Certiorari, writ of . G. 13. Commission of appraisement and sale . G. 9. „ of partition . G. 18. „ to examine witnesses . G. 17. Delivery, writ of . . . . G. 8. Distringas against ex-sheriff . G. 11. Elegit, writ of . G. 2. Fi Fa, writ of . G. 1. „ de bonis ecclesiasticis . G. 4. Habeas corpus ad test . G. 16. Inquiry, writ of ... . G. 12. Mandamus . G. 15. :^o2 Praecipe {continued). Memorandum of service of notice of judgment ... G. 26. Notice of bail in admiralty action ... A. part II. No. 9. Partition, commission of . . . ... ... ... G. 1 S. Possession, writ of ... ... ... ... G. 7. Prohibition, writ of ... ... ... ... G. 1 4. Release in admiralty action ... A. part II. No. 1 5. Search ... G. 27. Sequestrari facias de bonis ecclesiasticis ... G. o. Sequestration, Avrit of ... ... ... ... G. 0. Service by admiralty marshal of. any instrument in rem other than a warrant A. part I. No. 16. Special case, entry of ... ... ... ... G. 2.5. SvMjKGna ... ... ... ... ... ... G. 21. Trial, entry of action for .. . ... ... ... G. 22. Venditioni exponas ... ... ... ... G. 8. Warrant to arrest in admiralty action A. part I. No. 15. Withdrawal of caveat in „ „ „ „ 19. Writ of summons, amended ... ... ... G. 19. Renewed, A. part I., No. 18, G. 20. Preliminary Act — In actions for damage by collision between vessels, O. 19, r. 28. Prerogative Mandamus — See Mandamus, C. Preservation of Property- Bringing amount in dispute into court in action of contract, O. 50, r. 1. Application may be made by plainti£F at any time on his right to order appearing by the pleadings, or on affidavit, or otherwise, O. 50, r. 7. Custody, interim, of subject matter, in action of contract, O. 50, r. 1. Application may be made by plaintiff on his right to order appearing by the pleadings, or on affidavit, or otherwise, 0. 50, r. 7. 353 Preservation of Property {continued). Detention of property, the subject of the cause or matter, 0. 50, r. 3. Application may be made by plaintiff on notice after writ issued, and by defendant after appearance, O. 50, r. 6. Experiments may be ordered, O. 50, r. 3. Application may be made by plaintiff on notice after writ issued, and by defendant after appearance, 0. 50, r. 6. Inspection of property may be ordered, 0. 50, r. 3. Application may be made by plaintiff on notice after writ issued, and by defendant after appearance, O. 50, r. 6. Lien, amount of may be ordered to be paid into court and property given up to the party claiming it, 0. 50, r. 8. Master in chambers has no jurisdiction under 0. 50, rr. 1 to 5, O. 54, r. 12 (e). Sale of goods may be ordered, 0. 50, r. 2. Application may be made by plaintiff on notice after writ issued, and by defendant after appearance, O. 50 r. 6. Samples may be ordered to be taken, O. 50, r. 3. Application may be made by plaintiff on notice after writ issued, and by defendant after appearance, 0. 50, r. 6. President — Court of Appeal, president of, §§ 6. Divisional courts of H. C, presidents of, § 40. Divisions of H. C, presidents of, § 31. High Court of Justice, president of, | 5. Printing — Affidavit, evidence taken by, for use on a trial shall be printed, O. 38, r. 30. Unless same has previously been used without being printed, O. 6Q, r. 6. Affidavits may be printed by consent, or if so ordered, O. 38 r. 30. May be swc^m to in print or writing, or partly in one and partly in the f» he;, 0. GG, r. 4. 2 A 354 Printing [continued). Amendments in pleadings may be written unless they exceed 144 words in one place, or are so numerous, or such as to render the document difficult or inconvenient to read, O. 28, r. 8. Answers to interrogatories exceeding ten folios shall be printed unless otherwise ordered, O. 31, r. 9. Appeal to C. A., evidence may be ordered to be printed for the purpose of, 0. 58, r. 12. Costs shall be borne by the party printing, unless other- wise ordered, O. 58, r. 12. Copies, not exceeding ten, shall be supplied to opposite party on payment of Id. per folio for first, and ^d. per folio for every other copy, O. 66, r. 7 (c). As between the solicitor and his client, credit shall be given for copies, O. 66, r. 7 (cZ). Copy of deposition for printer shall be supplied by officer with whom original is filed, O. 66, r. 7 (6). Costs of printing, order may be made that costs be borne or allowed by such parties, and on such terms, as may be thought fit, O. QQ, r. 7 (o). Printing evidence for an appeal to C. A., costs of, shall be borne by the party printing, unless otherwise ordered, 0. 58, r. 12. Depositions, written, of witnesses filed for use on a trial, shall be printed unless otherwise ordered, O. 66, r. 5. Unless they have been previously used without being printed, O. QQ, r. 6. Folios, the number of, shall be marked on all copies, and num- bered in the margin, 0. QQ, r. 7 {'m). House of Lords, printing cases , and appendix ; see Method of Proceedure. ^ Indorsement of name and address of party or solicitor fur- nishing copies shall be made, O. 66, r. 7 {I). Margins, what to be left on printing procedings, 0. QQ, r. 3. Paper on which procedings are printed shall be cream wove macliine drawing foolscap folio paper 19 lbs. per mill ream, O. 66, r. 3. 355 -^Printing {conthmed). Party on whose behalf a deposition or affidavit is filed, is to print same, O. QQ, r. 7 {a). Pleadings of less than ten' folios may be written or printed ; every other pleading, not being a petition or summons, shall be printed, 0. 19, r. 9. Solicitor or party furnishing copies shall be answerable for their accuracy, O. 66, r. 7 (I). Special case, every, shall be printed, and printed copies de- livered for the use of the judges, 0. 34, r. 3. Type, what, proceedings to be printed in, O. 66, r. 3. Writs of summons shall be printed or written, or partly printed and partly written, O. 5, r. 10. Written copies not allowed for, where party entitled to take prints, unless otherwise ordered, O. 66, r. 7 {e). Trivy Council, Judicial Committee of— Admiralty appeals, transferred to Court of Appeal, § 18. Ecclesiastical causes, assessors in, order in council, Nov. 1876. Lunacy appeals, transferred to Court of Appeal, § 18. Probate Action — Action, suit shall be called an, O. 1, r. 1. Affidavit of scripts, statement of claim need not be delivered until eight days after defendant who has appeared has filed his, O. 20, r. 2. Assigned to P. D. and A. Div., § 34. Not unless it could have been commenced in the Probate Court before the Judicature Act, §§11- Appearance by interveners, O. 12, r. 23. Appearance,notice by central office to probate registry,0. 12,r.3. Default of appearance, plaintiff may, on filing affidavit of service and statement of claim, proceed as if appearance entered, O. 13, r. 12. Default of defence, action may proceed notwithstanding^, O. 27, r. 10. Defence, form of; — Interest suit D. sec. 3, No. 1. Solemn form ... ... ... ... „ » 2. 2 A li Probate Action {contimwd). ])is])usr(l of, action shall be, before a single judge, § 42. District registry, probate action cannot be commenced in O. 5, r. 1. Interveners may, on filing affidavit, appear as heretofon', (>. 12, r. 23. Notice to cross-examine witnesses only on probate in solemn fonn, 0. 21, r. 18. Parties, old rules, saving as to, O. 10, r. 10. " Probate action," includes matters relating to the grant or recall of probates or letters of administration, other than common form business, O. 71, r. 1. Hules of court, saving as to, §§ 18 ; 0. IG, r. 10. Statement of claim shall be delivered in six weeks, but need not be delivered until eight days after affidavit of scripts of a defendant who has appeared, is filed, O. 20, r. 2. Shall dispute defendant's interest where same is disputed, O. 20, r. 9. Forms: Interest suit ... ... C. sec. 3, No. 1. Solemn form ... ... „ 2. Trial, solemn form, notice to cross-examine witnesses only, 0. 21, r. 18. Writ of summons, affidavit verifying indorsement shall be filed, O. 5, r. 15. Character in which plaintiff claims shall be shewn, O. 3, r. 5. District registry, writ cannot be issued in, 0. 5, r. 1. Indorsement, forms of: — Grant of letters... ... A. part III. sec. 5, No. 4. Revocation of letters ... „ „ ,. 3. „ probate ... „ „ „ 2. Solemn form ... ... „ „ „ 1. Service out of jurisdiction by leave, 0. 11, r. 3. Prolate, Divorce and Admiralty Division — Action shall not be assigned to this division unless it couU; have been commenced in the P. D. or A. Courts befort the Act, §§ 11. Actions within the non-exclusive cognizance c^'i the 3o7 Probate, Divorce, and Admiralty Division [contiaiied). Admiralty Court may be assigned to any division, O. 5, r. 5. Admiralty action ; see that title. Admiralty appeals from inferior courts assigned to divisional court of P., D., and A. Div., 0. 59, r. 4. Admiralty, High Court of, consolidated in Supreme Court, § 3. Its jurisdiction transferred to H. C, § 16. Admiralty judge and registrar, existing, special provisions as to, §§ 8. Appeals from Divorce Court to full court to be brought to Court of Appeal, :j:|: 9. Business, what, assigned to this division, § 34. All business assigned to this division shall, subject to rules of court, be disposed of in the first instance before a single judge, § 42. Cause or matter shall not be assigned to this division unless it could have been commenced in the Probate, Divorce or Admiralty Courts before the Act, §§11. Division of High Court, P. D. and A. Div. is a, § 31. Divisional courts may be held for the transaction of any part of the business assigned to this division, | 44. Every judge of H. C. may, when required, sit in any, § 31. Divorce Court, consolidated in Supreme Court, § 3. Its jurisdiction transferred to High Court, § 16. Divorce and matrimonial causes, proceedings for, not affected by the rules, save as expressly provided, 0. 68, r. 1. •Judges of this division, who shall be the, § 31 (5). Liability to go circuit, §§ 8. May sit, when required, in any divisional court, § 31. Number of, deficiency in, how supplied, § 31. Transfer of judge from one division to another, § 31. Vacancy, judge appointed to fill any, shall be a member of the division to which judge whose place has become vacant belonged, § 31. I^fficers ; see that title. Pending business ; see that title. President of this division, who shall be the, § 31 (5). May request, wth concurrence of president of the H. C, 358 Probate, Divorce and Admiralty Division [run finned]. any otlier judge to hear cause assigned to this division, § 44. Shall be an ex officio judge of the Court of Appeal, '^'^ 4 Title of, ++ 8 . Probate Court consolidated in Supreme Court, §'3. Its jurisdiction transferred to Kigh Court, § 16. Rules of P. D. and A. Courts in force at commencement of Act shall, except so far as expressly varied, remain in force ulitil altered or annulled, §§ 18. Saving of power of the Probate Court judge to make rules as to non-contentious business, and under the Divorce Act, 1857, ^^ 18. Procedure and Proceedings — Certain proceedings and practice excepted from rules, O. 68, r. 1. Council of judges shall meet annually to consider, § 75. Distjrict registries ; see that title. Errors ; see that title. Filed in central office, date of filing shall be printed or written, O. 61, r. 16. Masters shall control and give directions as to, in central office 0. 61, r. 2. Rules of court may be made to regulate, §§ 17. And to modify statutory provisions as to, §§ 24. . Saving as to mode of giving evidence in trials by jury, and rules of evidence, and law as to jurymen andjuries, §§ 20. Saving, subject to rules, of existing manner of taking proceed- ings and making applications, O. 1, r. 2. Saving of existing manner of exercising jurisdiction, § 23. Saving of existing forms and method of procedure, §§21, and O. 72, r. 2. Saving of existing and not inconsistent rules, orders and prac- tice as to costs, O. ^o, r. 27, reg. 37 Saving of existing practice and procedure in criminal causes and matters, §§ 19. Saving of existing rules (unless expressly varied) in Probate, Divorce, Admiralty and Bankruptcy, §§ 18. And see Rules of Court. 359 Proctor — See SoLiciTOK. Production of Documents — Discovery ; see that title. Inspection ; see that title. Notice to produce documents at trial shall be in form B. 14, with any requisite variation, O. 32, r. 8. Costs occasioned by including unnecessary documents shall be borne by party giving the notice, O. 32, r. 9 Service may be proved by affidavit of the solicitor or his clerk, 0. 32, r. 8. Contents of the affidavit, O. 32, r. 8. Copy notice must be annexed, O. 32, r. 8. Oath, production on, by any party, may be ordered at any time, O. 31, r. 14. Offer of production may affect decision on opponent's applica- tion to interrogate, O. 31, r. 2. Referee has the same authority with respect to, as a judge of the H. C, 0. 36, r. .50. Witness may at any stage be ordered to attend and produce documents, O. 37, r. 7. But shall not be required to produce any which he could not be required to produce at trial, 0. 37, r. 7. Conduct money and payment for expenses and loss of time, witness is entitled to, O. 37, r. 9. Prohibition — Affidavits, rules of O. 38 applied, 0. 68, r. 2. Amendments rules of 0. 28 applied, O. 68, r. 2. Appeals, rules of 0. 58 applied, O. 68, r. 2. Application for, to restrain proceedings in the Supreme Court, prohibited ; stay of proceedings may be ordered, § 24 (5) Costs, rules of 0. 65 applied, 0. 68, r. 2. Judgment and assessment of damages shall be, as nearly as may be, as in an ordinary action for damages, O. 68, r. 3. Master in chambers no jurisdiction to grant, 0. 54, r. 12 {g). Motions, rules of 0. 52 applied, O. 68, r. 2. Non-compliance, rules of O. 70 applied, O. 68, r. 2. 8(iO Prohibition ^^conlinmd). Notices, etc., rules of C). G6 applied, O. 68, r. 2. Pleadings and subsequent proceedings shall be, as nearly as may be, as in an ordinary action for damages, 0. 68, r. 3. Proicipe, for G. 14. Special case, rules of O. 34 applied, 0. 68, r. 2. Time, rules of 0. 64 applied, O. 68, r. 2. Writ, form of J. 11. Prolixity — Affidavits, 0. 38, r. 3. Titles to affidavits, O. 38, r. 2. Interrogatories, 0. 31, r. 3. Notices to admit or produce, 0. 32, r. 9. Pleadings, 0. 19, rr. 2, 5. Longer forms than those in appendices, when same are applicable and sufficient, shall be deemed prolix, O. 19. r. 5. Proceedings generally, 0. 65, r. 27, reg. 20. Writs of summons and indorsements thereon, O. 2, r. 2. Promissory Note- Defence, forms of, D., sec. 4. Parties severally, or jointly and severally, liable may be joined in one action, 0. 16, r. 6. Statement of claim, and special indorsements on writ of summons, form of: — Payee against maker, C, sec. 4, No. 3. Writs of summons shall not be issued under the Bills of Exchange Act, O. 2, r. 6. Indorsement of claim where no special indorsement, A. part III, sec. 2, No. 47. Special indorsements, C. sec. 4, No. 3. Proper OfB,cer — Meaning of the term when used in the rules, 0. 71, r. 1. Property — Detention : orders may be made for the detention, preservation, or inspection of the subject matter, with powers to enter 361 Property {continued). upon any land or building in the possession of any party to the cause or matter, to take samples, or make obser- vations or experiments, O. 50, r. 3. Application for order may be made upon notice, after writ issued ; and, if by defendant, after appearance, O. 50, r. 6. Income, power of judge of Ch. Div. to allow, to parties interested, where he is satisfied that estate is more than sufficient to answer all claims, O. 50, r. 9. Lien, where proj)erty claimed is subject to a, order may be made in certain cases that upon payment of the amoimt into court the property be given up, O. 50, r. 8. Preservation : orders may be made for preservation or interim custody of subject matter, or that amount in dispute be brought into court, or otherwise secured, O. 50, r. 1. Application for order may be made by plaintiff' whenever his right thereto appears on the pleadings, or on affidavit, or otherwise, O. 50, r. 7. Sale of goods, wares or merchandise, orders may be made for, O. 50, r. 2. Application for order may be made upon notice and after writ issued ; and, if by defendant, after appearance, O. 50, r. 6. Sale proceeds paid into court under statute, petitioner's affidavit shall verify his title and deny, or deny and except, right of any other person, 0. 52, r. 18. Waste, in actions for prevention of, or protection of property, one person may sue on behalf of all, 0. 16, r. 87. Prothonotary — See County Palatine of Durham — County Palatine of Lancaster. Public Officer- Form of indorsement of representative capacity on writ of summons where plaintiff sues as, A. part IIL, sec. 7, No. 6. Where defendant sued as ... „ „ „ 7. And another defendant as principal „ „ 8. 3G2 a Quare Impedit- Indorsement of claim on writ ... A. part III, sec. 4, No. 4(S. Quarter Sessions, Appeals from— See Appeal, E. Queen's Birthday — Court of Appeal and High Court of Justice need not sit on day appointed to be kept as, 0. 63, r. 2. Queen's Bench, Court of— Consolidated in Supreme Court, § 8. Jurisdiction transferred to High Court, § 16. Pending business, transfer of, § 34. Queen's Bench Division — Assignment of actions to masters ; see Masters, C. Business, what, assigned to, § 34. Common Pleas Div. consolidated with Q. B. D., order in council, 16th Dec. 1880. Crown office and crown side ; see that title. Division of High Court, Q. B. D. is a, § 31. ])ivisional courts for business of, § 41. But actions shall, as far as practicable, be disposed of before a single judge ; and, after trial, before that judge who tried the action, -f- 17. Exchequer Div. consolidated with Q. B. D., order in council, 16th Dec. 1880. Judges of, who shall be, § 31 (2). May, when required, sit in any divisional court, § 31. Number of, deficiency in, how supplied, § 31. Transfer of judge from one division to anothei', § 31. Vacanc}'- how filled, § 31. And see High Court of Justice, B. 36Ji Queen's Bench Division (continued). President of, § 31 (2). Revenue side ; see that title. Sheritis shall be appointed as hitherto, § 96. Queen's Coroner and Attorney- Existing, shall be a master of the Supreme Court, + 8 (1). Salary, + 8 (2. h.). ' Vacancy in, how filled up, ^ 9 (2). Queen's Remembrancer — • Department of central office for business of, O. 61, r. 1. Office of, amalgamated with central office, j 5. Rank, salary, and pension of, shall be as before the Act, § 77. Transfer of, to Supreme Court, § 77. Vacancy, on next, duties shall be performed by senior master of the Supreme Court, I 14 (2). Additional salary, :|: 14 (2). Questions of Law — See Special Case. Questions and Issues — Action, questions may be referred to referees for trial, § 57. For inquiry and report, § 56. Assessors, the aid of, may be called in by the court, § 56. Attachment of debts, questions and issues may be ordered to bc^ tried on any application for, 0. 45, rr. 5, 7. Costs of issues of fact and law shall follow the event, unless otherwise ordered, 0. 65, r. 2. Discovery of any kind, or inspection, questions or issues may be ordered to be determined before deciding on the right to the discovery or inspection sought for, 0. 81, r. 20. District registries, inquiries and accounts in a cause in the H. C. may be ordered to be made and taken in a district registry, ^66. Execution, upon application for leave to issue, where leave necessary, issues or questions may be directed to be tried, 0. 42, r.28. :}64 Questions and Issues {continiwd). Form of issue, B. 15. Issues may be stated in interpleader proceedings, 0. 57, r. 7. Issues may be directed and settled by the judge, where the issues of fact are not sufficiently defined, 0. 33, r. 1. Law, questions of, may by order be tried before issues of fact, O. 34, r. 2. Motion for judgment, plaintiff may set down a, and give notice, as soon as questions and issues have been determined, (). 40, r. 7. Form of judgment, F. 18, And see Issues of Fact — Demurrer, Proceedings IN Lieu of — Special Case. Qui Tain Action — See Penal Action. Quo Warranto — Affidavits, rules of O. 38 applied, O. 68, r. 2. Amendments, rules of O. 28 applied, O. 68, r. 2. Appeals, rules of O. 58 not applied, 0. 68, r. 2. Costs, rules of O. 65 applied, 0. 68, r. 2. Motions, rules of O. 52 applied, 0. 68, r. 2. Xon-compliance, rules of O. 70 applied, O. 68, r. 2. Notices, etc., rules of 0. 66 applied, O. 68, r. 2. Special case, rules of 0. 34 applied, 0. 68, r. 2. Time, rules of O. 64 applied, O. 68, r. 2. R Rail-way Companies' Act, 1867 — Advertisement of order confirming scheme and production of advertisements to officer on enrolment of scheme, O. 61, r. 11. :]G5 Bailway Companies' Act, 1867 {continued). Cases stated by railway commissicmers shall be heard before divisional courts, O. 59, r. 1 (/). Scheme shall be enrolled in central office, 0. 61, r. 10. Receivers — Accounts shall be left and passed and balances paid over on days fixed by court or judge when receiver appointed, O. 50, r. 18. Form of accounts shall be L. 14, with any requisite varia- tion, O. 50, r. 19. Left, shall be, in the judge's chambers, Avith affidavit of verification, O. 50, r. 20. Form of affidavit shall be L. 22, with any requisite variation, O. 50, r. 22. Passing accounts, appointment for, shall be obtained by person having conduct of the cause, 0. 50, r. 20. And see Failure infra. Application for a receiver may be made by any party, and if by plaintiff, ex parte or with notice, O. 50, r. 4. Appointment may be made in all cases where just and con- venient, § 25 (8). Terms may be imposed, § 25, (8). Book containing accounts shall be deposited in central office when receivership completed, 0. 50, r. 22. Cause or matter may be adjourned to chambers for completion of security where order appointing receiver is made in court, O. 50, r. 17. [Failure of receiver to leave or pass accounts, or make any payment, on any, receiver or the parties may be required to attend and show cause at chambers, and thereupon all proper directions may be given, O. 50, r. 21. Disallowance of receiver's salary, and charging him with interest for neglect to leave or pass his accounts or pay over balances, O. 50, r. 18. Discharge of receiver and appointment of another, O. 50, r. 21. Interest, receiver may be charged with, where he neglects to pass his accounts and to pay over balances, O. 50, r. 18. "Receivers {continued). Master in chambers has no power to appoint a rccci\er, 0. 54, r. 12 (h). Salary or allowance shall be allowed to receiver, unless other- wise ordered, O. 50, r. 16. Disallowed, may be, on failure to leave or pass liis accounts or pay over balances, O. 50, r. 18. Security by recognizance shall, unless otherwise ordered, be given by receiver, O. 50, r. 16. Form of recognizance shall be L. 21, unless otherwise ordered, O. 50, r. 16. And see Recognizance. Becognizance — Costs, recognizance as security for ; see Costs, C. Enrolled, shall not be after six months, except under special circumstances and by order, 0. 61, r. 14. Given in Ch. Div., shall be given to the two senior chief clerks of judge to whom cause or matter is assigned, O. 60, r. 4. Vacating thereof, O. 60, r. 4. Receiver's recognizance, O. 50, r. 16. Form shall be L. 21, unless otherwise ordered, 0. 50, r. 16. Hecord — Central office, affidavits or records shall not be taken out of, without an order, and no suhpcBna duces therefor shall • issue, 0. 61, r. 28. Court of Appeal is a superior court of, § 16. Deeds and recognizances enrolled, records of, shall be sent to public record office within two years from enrolment, 0. 61, r. 13. District registry, affidavits or records shall not be taken out of, without an order, and no subpoena duces therefor shall issue, 0. 35, r. 22. Transmission of, on removal of action to London, § 65 ; O. 35, r. 20. Error, in law upon the record, in criminal cause or matter, appeal lies in, §47. High Court of Justice is a superior court of, § 18. 367 Record {continued). Inferior court, transmission of, from, on transfer of proceeding to High Court, § 90. Withdrawal of, by leave, O. 26, r. 1. By written consent, 0. 26, r. 2. Record and Writ Clerk — Abolition of office of, :|: 14 Amalgamation of office of, with central office, :|: 5. Construction of enactments relating to, 0. 61, r. 3. Existing, shall be a master of Supreme Court, X 8. Transfer of clerks to central office, % 6. Recovery of Land — See Land, Action to Kecover. Rectification- Actions for, of deeds, etc. assigned to Ch. Div., § 34. Statement of claim, form of, C. sec. 2, No. 11. "Writ of summons, indorsement on, A. part III, sec. 1, No. 8. And see Amendment — Mistake. Redemption of Mortgages — Actions for, assigned to Ch. Div., § 34. Pleadings : — Claim, statement of .. ... C. sec. 2, No. 6. Defence „ ... ... D. sec. 2, No. 2. Writ of summons, indorsement on, A. part III, sec. 1, No. 5. Referees, Ofifi-cial and Special — A. Appointment, QuaUjicatioii, Status and Expenses ; B. Jurisdiction of Cotirt in respect to Referees; G. Inquiries and Trials before Referees. A. Appointment, Qwalijication, Status and Expenses. Appointment of official referees, § 83. Special referee may be agreed on by the parties, § 57. Expenses ; all proper and reasonable travelling expenses shall be paid to official referees by Treasury, § S']. 3GH Referees, OflElcial and Special {continued). A. Ajypointyneiif, Qualification, Status and Expenses {continued). Fee shall be £5 for each reference irrespective of time ; shall bo paid by stamps, E. 24th April, 1877. Also £1 lis. 6cZ. for each night the official referee and I.5.S. for each night his clerk, is absent from London on the reference, ib. Deposit may be required, and if so memorandum shall be given, ib. Paid, shall be, in first instance by party proceeding with reference, ib. Place for sittings held out of London shall be provided by such party, ib. Travelling expenses of referee and his clerk shall be paid, ib. Number of official referees, § 83. Officers of the court, referees shall be deemed, § 58. Official referees shall be permanent officers attached to the Supreme Court, § 83. Qualification of official referees, § 83. Remuneration of special referees shall be determined by the court, § 06. Tenure of office of official referees, § 83. Treasury, official referees shall conform to regulations of, for accounting for monies received by them, R. 24th April, 1877. B. Jurisdiction of Court in respect to Referees. Action, any question in any (other than a criminal pro- ceeding by the crown), may be referred for inquiry and report, § .56. Form of order, K. 32. Action, any question in any (other than a criminal pro- ceeding by the crown), may, by consent be referred for trial, § 57. Without such consent, in cases of prolonged exami- nation of accounts or documents or of scientific or local investigation, § 57. Terms may be imposed, § 57, 3G9 Referees, OflB.cial and Special {continued). B. Jivrisdictioii of Court in respect to Referees {continued). Form of order, K. 33. Assessors ; see next heading, C. Business shall be distributed among the official referees as business is distributed among the conveyancing counsel of the court, 0. 36, r. 45. Order shall be produced to, and referee's name in- dorsed by officer, O. 36, r. 46. Power of court to direct, or transfer, a reference to any particular referee, 0. 36, r. 47. Powers of coiu-t with respect to proceedings before referees and their reports shall be in addition to those given by the Common Law Procedure Act, 1854, § 50. Preliminary question may be tried before reference is ordered, O. 34, r. 2. Question, any, may be submitted to the court by the referee, and be decided by the court Avith or without additional evidence, O. 36, r. 52. Reasons and explanations may be required of the referee by the court, O. 36, r. 52. Remitting back to referee for re-trial or further consider- ation, 0. 36, r. 52. Report may be adopted wholly or partially, | 56. Adoption of report, or motion to vary or remit, 0. 36, rr. 54, 55. Enforced, may be, as a judgment, § 56. Equivalent to the verdict of a jury, shall be, on any question of fact on any trial by referee and unless set aside, § 58. Notice of report shall be given by referee by post ta all parties, O. 36, r. 53. Powers of court with reference to report shall be in addition to those given by the Common Law Procedure Act, 1854, § 59. Question, any, may be submitted for decision of th& court, 0. 36, r. 52. Setting aside report, § 58. 2 B 370 Referees, Official and Special {continued). B. Jiirmlidlon of Court in resiiect to Referees {continued). Special referees shall have the same powers and proceed in the same manner as official referees, § 57. Specially, facts may be stated, for decision of the court, O. 36, r. 52. C. Inquiries and Trials before Referees. Adjourn from place to place, power of referee to, O. 36, r. 48. Assessors, trials before referees may be with assessors, O. 36, r. 7 {a). Shall take place in such manner and on such terms as shall be directed, O. 36, r. 43. Authority of referees shall be the same as a judge of the H. C, O. 36, r. 50. Commit to prison, referee has no power to, O. 36, r. 51. Discovery, referee has same authority with respect to, as a judge of the H. C, O. 36, r. 50. Duties of referees shall be performed in London or country as may be ordered, § 83. Inspection, referee may have any, that he deems ex- pedient, O. 36, r. 48. Judgment, after trial of questions of account by referee, form of, F. 9. Power of referee to direct entry of, O. 36, r. 50. Orders, referee cannot enforce his, by committal, attachment or otherwise, 0. 36, r. 51. Place of trial may be any convenient place, O. 36, r. 48. Proceed, de die in diem, referee shall, unless otherwise ordered, O. 36, r. 48. Production of documents, referee has the same authority, with respect to, as a judge of the H. C, 0. 36, r. 50. Question, any, may be submitted for decision of the court, O. 36, r. 52. Report ; see B. supra. Sittings, hours and days of, O. 63, r. 16. Special referees shall have the same powers and proceed in the same manner as official referees, § 57. 371 Referees, Official and Special {continued). C. Inquiries and Trials before Referees {continued). Specially, facts may be stated, for decision of the court, 0. 36, r. 52. Trial shall be conducted as a trial before a judge of the H. C, § 57 ; 0. 36, r. 49. Evidence shall be taken, O. 36, r. 49. View, referee may have any, that he deems expedient, O. 36, r. 48. Witness, attendance of, may be enforced by suhpcena, O. 36, r. 49. Reference — See Arbitration — Eeferees, Official and Special. Reference as to Damages- See Damages. Reference in Admiralty Action — See Admiralty Action. Reference to Master — Appeal from certificate on question of law, 0. 59, r. 3. Common Law Procedure Acts, provisions of, not affected by O. 36 ; 0. 36, r. 10. Form of order of reference, K. 34. Registrar — Acknowledgments of married women ; see that title. Admiralty Court, special provisions as to the existing, §§ 8. Bills of Sale ; see that title; Chancery ; see Chancery Registrars. District ; see District Registrars. Probate Division, registrar of, jurisdiction in chambers, 0. 54, r. 12. Transfer of, to Supreme Court, § 77. Registration and Election Cases — Jurisdiction of H. C. final, unless leave to appeal given and decision of C. A. then final, J+ 14. 2 B 2 372 Regulations — See Rules of Court. Registries, District — See DisTuicT Registries. Registry of Judgments- Registration cannot be made after 2 p.m., O. 61, r. 22. Search for judgment by registrar and certificate of result, O. 61, r. 23. Transfer of office of, to central office, I 6. Rehearing — Appeals to Court of Appeal shall be by way of, 0. 58, r. 1. Rejoinder— Not allowed mthout leave and then only upon terms, 0. 23, r. 2. Time for delivery shall be four days after reply, O. 23, r, 3. Relator — Authority to solicitor shall be signed and filed before his name is used, O. 16, r. 20 Release — Defence, form of, D. sec. 4. Release in Admiralty — See Admiralty Action. Relief- May be given although not asked for in pleadings, 0. 20, r. 6. And see Equitable Rights, Relief and Rules. remedy- See Equitable Rights, Rei^ef and Rules. ,emoval — County Court, form of order on removal of judgment, K. 30. And see District Registries — Inferior Court — Transfer. 373 Bene-w^al — Execution, renewal by resealing, or by sealed notice, 0.42, r. 20. Form of notice, B. 21. Order of commitment under the Debtors' Act, O. 42, r. 25. Writ of summons, renewal of, by leave, O. 8, r. 1. Memorandum of renewal shall be A., part I., No. 18, with any requisite variation, O. 8, r. 1 ; and see G. 20. Order allowing renewal, form of, K. 22. Bepeal — Chancery Funds Act, 1872, repeal of section 16, §§ 30. Enactment inconsistent with Acts, repeal of any, §§ 33, Orders and rules annulled shall not be revived, O. 72, r. 1. Rules in appendix O., repeal of; see paragraph preceding 0. 1. Statutes, repeal of certain, and provisions, § 33 ; §§ 2, 4, 10^ 33, and sch. 2 ; f 24 ; +29, and sch. 2. And see Abolition. Reply- Counter-claim, reply may be delivered to a, within same time as a defence to a statement of claim, 0. 2, r. 14. Grounds alleged in counter-claim must be dealt with specifically, O. 19, r. 17. Reply to counter-claim shall be subject to rules applicable to defences, O. 23, r. 4. Defence to set-off or counter-claim arising after action may be pleaded in reply, O. 24, r. 1. Further defence or reply, setting forth new defence, O. 24, r. 2. Delivered, reply may be by plaintiff, 0. 19, r. 2. In admiralty actions within six days, and in other actions within twenty-one days after last defence, O. 23, r. 1 Forms : — Acceptance of money paid into court ... E. sec. 2. Counter-claim, reply to ... ... . . . E. sees. 1, 2. Joinder of issue ... ... ... ... „ „ Time given to principal on a guarantee . . . „ 1. Further pleadings (other than joinder of issue) shall not be pleaded without leave, and then only on terms, 0. 23, r. 2 Delivered, shall be, in four days, 0. 23, r. 3. 374 Reply {continued). Joinder of issue, O. 19, r. 18. Non-delivery of reply, pleadings shall be deemed closed, and facts in last pleadings deemed denied, O. 27, r. 13. Notice of trial may be given with reply, whether it closes the pleadings or not, O. 36, r. 11. And see Pleadings. Report — See District Registries — Referees, Official and Special. Report Office — Amalgamated with central office, :|: 5. Business of, 0. 61, r. 1 (3). Transfer of clerks to central office, ^ 6. Representative Capacity- Denial of, in pleadings shall be specific, 0. 21, r. 5. Indorsement of, on writ of summons, O. 3, r. 4. Forms : — Executor (plaintiff) ... A., part III, sec. 7, No. 1. „ (defendant) „ „ 2. „ ( „ and in personal capacity) „ 3. Heir-at-law „ „ 9. „ and devisee ... „ „ 10. Public officer (plaintiff) . . . „ „ 6. „ (defendant) „ „ 7. „ ( „ and principal) „ „ 8. Qui ta7)i action ... ... „ „ 11. Trustee ... ... ... „ „ 5. „ in bankruptcy (plaintiff) „ „ 4. Joinder of causes of action ; see that title. Joinder of parties ; see that title. And see Executors and Administrators — Trustees. Residuary Devisee- Judgment or order for administration, residuary devisee entitled thereto, may have same without serving any co-residuary devisee, 0. 16, r. 35. 375 Residuary Devisee {contimced). Originating summons in Ch. Div., devisee may take out, as of course, for determination of questions or matters affecting administration, 0. 55, r. 3. Also for a general administration order, O. 55, r. 4. Residuary Legatee — See Legatee. Restraining Proceedings — Injunction for, in Supreme Court, not granted, but stay of proceedings may be ordered upon motion in a summary way, § 24 (5) ; and see INJUNCTION. Multiplicity of legal proceedings shall be avoided, § 24 (7). Revenue Side of Q,. B. D. — Affidavits, rules of 0. 38 as to, applied, O. 68, r. 2. Amendments, rules of O. 28 as to, applied, 0. 68, r. 2, Appeals, rules of 0. 58 as to, applied, O. 68, r. 2. Costs, rules of O. 65 as to, applied, O. 68, r. 2. Divisional court, proceedings shall be heard by a, 0. 59, r. 1 (cZ). Motions, rules of O. 52 as to, applied, O. 68, r. 2. Non-compliance, rules of 0. 70 as to, applied, O. 68, r. 2. Notices, &c., rules of 0. 66 as to, applied, O. 68, r. 2. Queen's remembrancer and office uf ; see that title. Saving of existing practice and procedure, subject to the rules, 0. 68, r. 1. Special case, rules of 0. 34 as to, applied, 0. 68, r. 2. Time, rules of 0. 64 as to, applied, 0. 68, r. 2. Return — See Execution — Mandamus. Review of Taxation- See Costs, D. Revising Barristers — Appeals from, shall continue to be heard by divisional courts, O. 59, r. 1 (6). Saving as to, || 23. 37G Revivor — Sec Parties to Actions. Rolls, Master of the— Sec Master of the Rolls, The. Royal Courts of Justice — New Law Courts shall be so styled, j 2S. Rule Nisi— Abolition of, in certain cases, 0. 52, r. 2. On motions for new trials, O. 39, r. 8. Saving as to, in certain other cases, 0. 52, r. 3. In habeas corpus, 0. 59, r. 1 {(j). Rules of Court- Acts of Parliament relating to courts and judges whose juris- diction is transferred to Supreme Court, shall be construed as if the Supreme Court and its judges were named therein, § 76. Admiralty Court, rules in force in, at commencement of Act, shall, except so far as expressly varied by Act, remain in force until altered or annulled, §§ IS. Bankruptcy Court, rules in force relating to appeals, at com- mencement of Act, shall, except so far as expressly varied by Act, remain in force until altered or annulled, §§ \H. Cited, how, R. Dec. 1882, r. 1 ; paragraph preceding 0. 1. Commencement of Act, rules may be made before, §§ 17. Of rules, R. Dec. 1882, r. 2 ; paragraph preceding 0. 1. Costs, rules of court may regulate, §§ 17. Who may make, tj 19. Council of judges shall meet annually, and consider and report as to procedure, § 75. County courts, power to make rules for practice of, ^ 27. Criminal practice and procedure, subject to rules of court to be made under Act, shall remain unaltered, §§19. Divorce Court, rules in force in, at commencement of Act, shall, except so far as expressly varied by Act, remain in force until altered or annulled, §^18. 377 Rules of Court {contimied). Saving of powers of making rules under Divorce Act, 1857, section 53, §§ 18. Evidence, rules of, shall not be affected by Act, or schedule, or rules of coiirt, §§ 20. Exceptions from rules, 0. 68, r. 1. Existing forms and methods of procedure, not inconsistent with Acts or rules, may continue to be used, §§ 21 ; O. 73,r. 2. Interpretation of term ; " Rules of Court " shall include forms, §§ 100. Juries and jurymen. Acts, schedule, and rules shall not affect law as to, ^ 20. Rules of R. G. H. T. 1853 as to juries not repealed, appen- dix O. (16). Money and securities in court, rules may be made with respect to the investment and conversion thereof, % 30. Non-compliance with rules shall not render proceedings void, unless so directed, O. 70, r. 1. Orders and rules annulled shall not be revived, 0. 27, r. 1. Palatinate Courts, powers with respect to making rules in, shall be exercised in the manner provided with respect to rules of court under the Act, § 78. Parliament, when required to be laid before, shall be so laid within forty days, §| 25. Paymaster general, power to make rules concerning the, §§ 24 ; c?4 (1); , 7. Marine insurance ... ... A. part III. sec. 4, No. 36. Short Title- Judicature Acts, § 1, §§ 1, t 1, tt 1, 1 1, U 1' 8 8. Sittings- Held, may be at any time or place, § 26. Holidays ; see that title. London and Middlesex, sittings for trials by jury shall be held continuously throughout the year, § 30. Office hours ; see Offices. Vacations, sittings in, § 28. Vacation judges may sit separately or together as] a divisional court, O. 63, r. 12. Reversal or varjdng of orders of, 0. 63, r. 12. Sittings and Vacations — Christmas vacation commences 24th Dec, ends 6th Jan., O. 63, r. 4. Both days inclusive, O. 63, r. 5. Easter sittings commence Tuesday after Easter week, end Friday before Whitsunday, O. 63, r. 1. Both days inclusive, 0. 63, r. 5. 2 c 2 388 Sittings and Vacations {continued). Easter vacation commences on .Good Friday, ends on Easter Tuesday, O. 63, r. 4. Both days inclusive, O. 63, r. 5. Hilary sittings commence 11th Januaiy, end Wednesday before Easter, O. 63, r. 1. Both days inclusive, O. 63, r. 5. Holidays ; see that title. Long vacation commences 10th August, ends 24th October, 0. 63, r. 4. Both days inclusive, O. 63, r. 5. Michaelmas sittings commence 2nd November, end 21st December, O. 63, r. 1. Both days inclusive, O. 63, r. 5. Orders in council may regulate vacations, § 27. Bules of court may regulate sittings, §§ 17. Trinity sittings commence Tuesday after Whitsun week, end 8th August, O. 63, r. 1. Both days inclusive, O. 63, r. 5. Whitsun vacation commences Saturday before Whitsunday, ends Tuesday after Whitsunday, O. 63, r. 4. Both days inclusive, O. 63, r. 5. And see Vacations. Slander — See Libel and Slander. Solicitors — Admiralty action, agreement dated and signed between solici- tors in an, may if reasonable be filed, and shall thereupon become an order of court, O. 52, r. 23> Admitted, solicitors shall be by the M. R. § 87. Affidavit shall not be sworn before the party's solicitor, nor before the party's solicitor's agent or correspondent, O. 38, r. 16. Nor before the solicitor's partner or clerk, O. 38, r. 17- Attorneys shall be called solicitors of the Supreme Court, § 87. Authority to use name of any person as next friend or relator shall be filed before name is used, O. 16, r. 20. 389 Solicitors {continued). Chambers of Ch. Div., solicitor may be appointed to represent a class on proceedings in, O. 55, r. 40. Two or more parties emplo}T.ng same solicitor may be required to be represented by distinct solicitors, 0. 00, r. 41. Changing solicitors, order for unnecessary, 0. 7, r. 3. Notice of change shall be filed and served and (in Ch. Div.) left in chambers, O. 7, r. 3. Charging order for costs, form of, K. 29. Copies, solicitor answerable for accuracy of, supplied by him, 0. m, r. 7 {I). Costs improperly incuiTed, or fruitless costs, may be disallowed, and costs paid by the client may be ordered to be rej)aid to him by his solicitor, 0. 65, r. 11. Costs of rehearing proceeding in chambers taken ex parte by reason of non-attendance of opposite party, may be ordered to be paid by solicitor, 0. 54, r. 6. So also where judge does not think it expedient to pro- ceed ex parte, O. 54, r. 7. So also where attendance is adjourned without any useful progress being -made, O. 65, r. 27, reg. 13. Costs payable out of a fund, solicitor may be directed by taxing officer to send a copy of his bill, free of charge, to his client, Avith any statement the officer may direct, and a letter of information, O. 65, r. 27, reg. bQ. Disclosure as to whether writ of summons issued by solicitor, or with his privity, O. 7, r. 1. Discovery, interrogatories, or inspection, solicitor liable to attachment for not giving notice of order for, to his client O. 31, r. 23. Guardian ad litem of an infant or person non compos, costs of solicitor appointed, may be directed to be paid by the parties to the cause or matter, or out of any fund in court, O. 65, r. 13. Inquiry and report as to improper, unreasonable, or fruitless costs, attendance of official solicitor thereon, and notice to client thereof, 0. 65, r. 11. Jurisdiction of Supreme Court over solicitors, § 87. 390 Solicitors {continued). Lien, damages or costs between parties may be set off not- \vithstanding solicitors lien, 0. 65, r. 14. London solicitor or agent appearing for a person, not a party, service upon, shall be deemed good service, except where personal service is requisite, 0. 67, r. 8. Notice by party who has sued or appeared in person, that solicitor authorised to act on his behalf, 0. 67, r 7. Notice of motion to answer matters in an affidavit, or to strike off the rolls, shall be served ten clear days before the day fixed by the notice for hearing the motion, 0. 52, r. 5. Where the motion is to strike off the rolls, the grounds of the application shall be stated in the notice, and a copy of the affidavit (if any) served therewith, 0. 52, r. 4. Officers of the Supreme Court, solicitors shall be deemed to be, § 87. _ Official solicitor ; see that title. Parties, solicitor acting for both, certain allowances for costs are not to be made, O. 65, r. 27, regs. 6, 7, 8. Pauper, no fee shall be payable by, to his solicitor, 0. 16, r. 24. Solicitor assigned to act for, cannot refuse to act without good reason, O. 16, r. 26 Pleadings shall be signed by the solicitor where not settled by counsel or special pleader, O. 19, r. 4. Pleadings, forms of, in actions against : — Claim, statement of, for negligence ... C. sec. 25, No. 8. Defence ... D. No. 5. Powers as to solicitors vested in M. R, L. C, and L. C. 3.,X[ 24. Privileges and obligations unchanged, § 87. Proctors shall be called solicitors of the Supreme Court, § 87. Registrar of attorneys and solicitors shall be called the regis- trar of solicitors, §§ 14. Roll of solicitors, provision as to care of, l\ 24. Rule nisi to answer matters in an affidavit, or to strike off the rolls, shall no longer be made, 0. 52, r. 2. Services upon solicitors; see Service of Writs, Orders AND Documents. Statutory enactments relating to solicitors, and declarations, 391 Solicitors {continued). certiticates, and forms required thereby, may be adapted by certain of the judges, §§ 14. Statutory powers as to solicitors vested in M. R,., L, C, and L. C. J., tl: 24 Taxation against client, power of taxing officer to allow costs on higher scale, 0. 65, r. 10. Taxation of costs, form of orders : — Client's application ... ... ... ... K. 41. Solicitor's ... ... ... ... ... K. 42. After action brought ... ... ... ... K. 43. Taxing officer may require any party to be represented by a separate solicitor, O. 65, r. 27, reg. 25. Trial : where trial cannot proceed by reason of solicitor's neglect to attend, or to deliver papers to court or judge, he shall pay such costs as may be awarded, O. Q5, r. 5. Undertaking, solicitor liable to an attachment for not entering appearance, or putting in bail, pursuant to his, 0. 12, r. 18. Special Case — Agreement may be entered into for the payment on judgment of a sum with or without costs. Judgment and execu- tion thereon, 0. 84, r. 6. Costs of issues of law shall follow the event unless otherwise ordered, O. 65, r. 2. Special allowance may be made for costs, 0. 65, r. 27, reg. 1. Crown side of Q. B. D., rules of O. 34 as to special cases applied, 0. 68, r. 2. Entry for argument may be b}^ either party by delivery of a memorandum (form, G. 25) to the officer, 0. 34, r. 5. Leave necessary where infant, or person of unsound mind, or certain married women, a party, O. 34, r. 4. Affidavit in support of application, O. 34, r. 4. Copy of the order giving leave shall be produced to the officer on entering the case for argument, O. 34, r. 5. Filed, shall be, by plaintiff, 0. 34, r. 3. Heard, shall be, by a divisional court where all parties so agree, 0. 59, r. 1 {h). sr)2 Special Case {continued). liil'crences, power of the court to di-.iw. on tlio nrq-iiincnt O. 84, r. 1. Interpleader, special case may be ordered to be stated wlierc- the question is one of law and the facts are not in dispute, O. 57, r. 9. O. 34, applied in such cases, 0. 57, r. 9. Judges, printed copies shall be delivered by the plaintiff for the use of the, O. 34, r. 3. Paragraphs, case shall be divided into, numbered consecu- tively, 0. 34, r. 1. Printed, shall be, by plaintiff, 0. 34, r. 3. Railway commissioners, cases stated by, shall be heard by divisional courts, 0. 59, r. 1 (/). Referee may state facts specially for decision of court, O. '10, r. 52. Revenue side of Q. B. D., rules of 0. 34 as to special cases applied to the, 0. 68, r. 2. Signed, shall be, by the j)arties, their counsel or solicitors, O. 34, r. 3. Stated, may be, by consent, by the parties after ■\^Tit issued, O. 34, r. 1. By order of a judge, 0. 34, r. 2. Under 13 & 14 Vic, c. 35, shall be deemed to be within O. 34 ; 0. 34, r. 8. Year, letter, and number of the cause or matter shall be marked on first page, 0. 61, r. 19. Special Indorsement- Claim being for a debt or liquidated demand, or for recovery of land by landlord against tenant, writ of summons may be specially indorsed, O. 3, r. 6. Costs, special allowance may be made, O. 05, w 27, reg. 1. Prolix indorsements, costs occasioned by, shall be borne by the party using the same, unless otherwise directed, 0. 2, r. 2 ; and see O. 65, r. 27, reg. 20. Default of appearance, where writ specially indorsed, plaintili may sign final judgment, O. 13, r. 3. And see Appearance, D. 0. C). 7. 9. h. 1. 10. 11. 2. 8. 12. E. sec. 2. 393 Special Indorsement {continued). Forms shall be to the effect of those in C sec. 4 ; O. 3, r. 6. Bill of exchange, indorsee v. acceptor ... C. sec. 4, No. 4. „ and drawer Payee v. drawer excusing notice Bond, obligee v. obligor Company, v. shareholder for allotment money and calls Covenantee v. covenantor Goods sold and delivered Guarantee for price of goods Creditor v. principal and surety Money had and received •Promissory note, payee v. maker Trust, debt on a Work done and materials provided Judgment under O. 14 notmthstanding appearance where writ specially indorsed, 0. 14, r. 1 ; and see JUDGMENT, B. Statement of claim, no further, shall be delivered where wiit specially indorsed, O, 20, r. 1 (a). Indorsement shall be deemed the statement of claim, 0. 20, r. 1 ((0- Special Jury — Plaintiif may give notice of, with his notice of trial, where he is entitled to a trial by jury, O. 36, r. 7 (6). Defendant, similarly entitled, may give notice for, after plead- ings closed or issues settled, and before notice of trial, or not less than six da^'s before day of trial, 0. 86, r. 7 (c). Order for trial by, may be made at any time on terms, O. 36, r. 7 ((0- Special Referees — See Referees, Official and Special. Specific Performance — Actions as to, of contracts between vendors and purchasers, and contracts for leases, assigned to Ch. Div., § 34. Indorsement of claim for, on writ, A. part III., sec. 1, No. 9. 394 Specific Performance {continued). Judgment not complied with, court orjudge, besides or instead of proceedings for contempt, may direct the act to be done by some other person, at the cost of the disobedient party, and execution may issue for the ascertained expenses and costs, 0. 42, r. 30. Pleadings, forms of: — Claim, statement of ... ... ... C. sec. 2, No. 12. Defence D. sec. 2, No. 2. Stamp — Document shall not be filed, or admitted in evidence without proper stamp, §§ 26. Provision as to unstamped document inadvertently admitted, § 26. Fees shall be taken by stamps, §§26. New trial shall not be granted by reason of judge's ruling as to, O. 39, r. 8. Using cancelled stamp is forgery, §§ 26. Statement of Claim- Admiralty action in rem, in shall be delivered within twelve days from appearance, O. 20, r. 3. Amendment may be made without amending the indorsement on the writ, O. 20, r. 4. Plaintiff may amend once without leave within time for reply and before reply, or (where no defence) within four weeks from aj)pearance of last defendant, 0. 28, r. 2 ; and see Pleadings, C. Bond, in action on, no statement of claim shall be delivered on default of appearance, but plaintiff may at once suggest breaches, O. 13, r. 14. Costs, where delivered without being required, or required by defendant unnecessarily, O. 20, r. 1 (e). Delivered, shall not be, where writ specially indorsed, O. 20, r. I(r0. In other cases may be delivered A\dth the wTit, or at any time before or after appearance, but within six weeks from appearance, O. 20, r. 1 (d). 395 Statement of Claim {continued). Notwithstanding that defendant has not required it, O. 20, r. 1 ((0- Need not be delivered \mless the defendant on appear- ance, or Avithin eight days thereafter, gives notice requiring it, O. 20, r. 1 (6). In such case shall be delivered within five weeks from such notice, O. 20, r. 1 (c). Shall not be delivered more than six weeks after appear- ance, unless by order, 0. 20, r. 1 {d). Dismissal of action for non-delivery of statement of claim, O. 27, r. 1. Distinct claims or causes of complaint shall be stated separately and distinctly, 0. 20, r. 7 ; and see Pleadings, A. Filed, shall be, where defendant has not appeared, and writ is not specially indorsed, 0. 13, r. 12. Forms : — Admiralty Actions : — Bottomry bond ... C. sec. 3, No. 3. Equipment and necessaries ... „ 4. Possession ... ... ••• » ^• Salvage ... ... ••• » "• Chancery Actions : — Accounts ... ... •.. C. sec. 2, No. 4. Administration ... ••• j> l- „ wilful default ... • • • » "- Dissolution of partnership ... » 3- Foreclosure or sale ... ... » ^• Infants, wardship and care of estates „ 14. Lien or charge, sale of property subject to „ 8. Partition ... ... ••• » ■'-"• Raising portions or charges on land „ 7. Rectification of instruments ... „ H- Redemption ... ... •.• ?> "• Sale and distribution of proceeds subject to lien or charge ... . • • » "• Sale or foreclosure ... ... » ^• „ partition ... -.• » ^^• Specific performance ... ••• » l^. 396 Statement of Claim {contmued). Trust, breach of ... . . . C. sec. 2, No. 9. „ execution of ... ... „ 10. Damages for breach of contract or duty : — Breach of i^romise ... ... C. sec. 5, No. 10. Landlord v. tenant for repairs ... „ 9. Marine policy ; against underwriters „ 6. Negligence of carrier ... ... „ 7. „ „ solicitor... ... „ 8. Sale of goods not delivered „ 1. „ „ inferior to contract „ 2. Shipowner v. charterer for detention „ 3. Shipper v. master for damage to goods „ 4. „ V. shipowner for damage to goods and short delivery ... „ 5. Debt or Liquidated demand : — Bill of exchange, indorsee u acceptor C. sec. 4, No. 4. Indorsee u acceptor and drawer ... „ 5. Payee v. drawer excusing notice ... „ 6. Bond, obligee v. obligor ... „ 7. ComiDaiiy v. shareholder for allotment money and calls ... ... „ 9. Covenantee v. covenantor ... „ 8. Goods sold and delivered ... „ 1. Guarantee for price of goods ... „ 10. Creditor v. principal and surety ... „ 11. Money had and received ... „ 2. Promissory note, payee v. maker „ 3. Trust, debt on a ... ... „ 12. Work done and materials ... E. sec. 2. General form : — ... ... see C, sec. 1. Injunctions, damages or declarations of right : — Collision of ships ... ... C. sec. 6, No. 5. Conversion of goods ... ... „ 1. Copyright, infringement of ... „ 7. Detenue ... ... ... „ 2. Fraudulent prosjiectus. . . ... „ 13. „ misrepresentation on sale „ 14. Lights, obstruction of . . . ... „ 10. C. sec. 6, No. 15. ;]. 4. 12. 11. (). 9. cS. C. sec. 7, No. 2. 1. C. sec. 5, No. 9. c. sec. 3, No. 1. 2. 397 Statement of Claim {continued). Malicious prosecution ... Negligence in driving ... „ Lord Campbell's Act Nuisance by pollution of water.., „ smells Patent, infringement of Seduction ... ... .. Trade mark, infringement of Land : — Heir-at-law v. stranger Landlord v. tenant, term expired „ „ for re]3airs Probate : — Interest suit ... Solemn form ... New assignment, amendment of claim or reply, substituted for, O. 23, r. 6. Place of trial must be stated, where elsewhere than Middlesex, O. 20, r. 5. Probate actions, in, claim shall be delivered within six weeks from appearance or time for appearance, but, where de- fendant appears, need not be delivered until eight days after defendant has filed his affidavit of scripts, 0. 20, r. 2. Interest Avhere disputed, must be alleged, O. 20, r. 9. Relief claimed shall be stated specifically, O. 20, r. 6. General relief need not be asked for, but may always be given, O. 20, r. 6. Separate and distinct claims shall be so stated, O. 20, r. 7. Special indorsement shall be deemed the statement of claim, O. 20, r. 1 («). Stated or settled account shall be alleged with particulars. O. 20, r. 8. Year, letter, and number of cause of matter, shall be marked, 0. 61, r. 19. And see Pleadings. Statute of Frauds — Shall be pleaded specially, O. 19, r. 20. Form of defence, D. sec. 4. 398 Statute of Limitations — Defence, form of, D. sec. 4. Inapplicable to express trusts, § 25 (2). Renewal of ^\Tit of summons to prevent operation of, O. 8, r. 1. Statutes- Acts of Parliament relating to the courts and judges whose jurisdiction is transferred to Supreme Court, shall be con- strued as if Supreme Court and its judges were named therein, § 76. Attorneys, adaptation of enactments, declarations, certificates, and forms to solicitors of the Supreme Court, §§14. Bills of Exchange Act, no writ shall hereafter be issued under the, 0. 2, r. 6. Chancery Funds Act, 1872, repeal of section 16, and provision as to making rules under section 18, §§ 30. And see c?4(l). Funds in Ch. Div. shall be subject to this Act, § 2. Payment into and out of court, and dealings with money in court, in Ch. Div. shall be subject to rules in force under this Act, O. 22, r. 12. Orders shall be drawn up in conformity with rules, 0. 62, r. 16. Charitable Trusts Act, 1853 : — Applications under sec. 28 shall be by summons, 0. 55, r. 13. Fees payable on proceedings before judge in chambers, O. 65, r. 24. When directed to be heard in court, O. 65, r. 25. Orders shall not be subject to appeal where the gross annual income of the charity does not exceed £100, unless by leave, O. 55, r. 14. Common Law Procedure Acts, saving of provisions as to arbitration, 0. 30, r. 10. County Court Act, 1867, sections 5, 7, 8, and 10 applied to actions in High Court, § 67. Courts and judges, statutes relating to, whose jurisdiction is transferred to Supreme Court shall be construed as i 399 Statutes {continued). Supreme Court and its judges were named therein, § 76. Existing and not inconsistent forms and methods of procedure preserved, §§ 21, 0. 72, r. 1. Inconsistent enactments repealed, §§ 33. Inferior courts, enactments relating to appeals from county courts ma}', by order in council, be applied to inferior courts, §§15. Limitations, no statute of, shall bar claim of cestui que trust in respect of an express trust against his trustee, § 25 (2). Lunatics, enactments relating to, shall be construed as if judges intrusted ^\dth the Lords Justices' jurisdiction thereon had been named therein, §§ 7. Married Women's Property Act, 1882, married women may sue and be sued, as provided by the, O. 16, r. 16. Payment, transfer or deposit in court, provisions in statutes relating to, may be modified by rules of court, §§ 24. Repeal : — Chancery Funds Act, 1872, repeal of section 16, §§ 30. Enactment, inconsistent with Acts, repeal of any, §§ 33. Rules in appendix 0., repeal of ; see paragraph preceding O. 1 Statutes, repeal of certain, and provisions, § 33 ; §§ 2, 4, 10, 33, and sch. 2 ; f 24 ; + 29, and sch. 2. Sale proceeds paid into court under statute, affidavit on appli- cation for, O. 52, r. 18. Supreme Court of Judicature Act, 1875, shall be construed as one with that of 1873, §§ 1. Trustee Relief Act, 1859, see Judicial Opinion, Advice, Direction. Stay of Proceedings — Appeal to Court of Appeal, shall be no stay unless ordered, O. 58, r. 16. Nor to judge from master, O. 54, r. 22. Nor to judge from district registrar, O. 35, r. 10. Counterclaim may be proceeded with although action stayed, O. 21, r. 16. Execution, stay of, may be ordered, O. 42, r. 17 {h). +00 Stay of Proceedings {continued). Interpleader, staying proceedings where application in an action, O. 57, r. 6. Motion for, in lieu of old injunction, § 24 (5). Order for particulars, how far same operates as a stay, O. 1 9, r. 8. Payment into court and acceptance by plaintiff where defen- dant denies liability, O. 22, r. 6 {a). Pleadings, stay of execution after judgment on the ground of facts which have arisen too late to be pleaded, O. 42, r. 27. Question of law, stay of proceedings ponding decision of, O. 34, r. 2. Writ of summons, stay of proceedings on payment of debt and costs within four da^'s after service, O. 3, r. 7. Where issued without solicitor's authority or privity, O. 7, r. 1. Where demand of partners in plaintiffs firm not complied with, O. 7, r. 2. Stipulation — In contracts, but not of the essence of, shall be construed jus in equity, § 25 (7) ; and see §§10. Stock or Shares, Charging— See Charging Stock or Shares. Stop Orders — See Charging Stock or Shares. Striking out- See Setting Aside. Subject Matter — See Property. Subpoena — Ad test, may contain any number of names, O. 37, r. 29. A separate fee is allowed for every three names; .see- appendix N, title " Writs, Summons(!S and Warrants." 401 Subpoena {continued). Forms shall be as follows, with any requisite variation, 0. 37, r. 27. General form ... ... ... ... ... J. 1. At assizes ... ... ... ... ... J. 4. At sittings of High Court ... ... ... J. 6. Chambers, subj'yoena for production of proceedings in, issues upon judge's note, 0. 87, r. 28. Costs, siibponna for, abolished, 0. 43, r. 7. Errors may be corrected before service and the subpoena resealed, 0. 37, r. 31. Duces tecum for affidavit or record of court shall not issue, 0. 61, r. 28. Nor in D. R, 0. 35, r. 22. Duces tecum shall not contain more than three names,'^and a separate subpoena for each witness may issue, if necessary or desirable, 0. 27, r. 30. Forms shall be as follows, with any requisite variation, O. 37, r. 27. General form ... ... ... ... ... J. 3. At assizes ... ... ... ... ... J. 5. At sittings of High Court ... ... ... J. 7. Duration, twelve weeks from teste, 0. 37, r. 34. Habeas corpus ad test, form of, J. 2. New writ may, if so directed, issue without further lee, where party brought up and trial or hearing post- poned, 0. 36, r. 35. PrcEcipe, G. 16. Proicipe for subpoena shall be filed, 0. 37, r. 26. Form shall be G. 21 ; 0. 37, r. 26. Service, copy shall be delivered and original produced, 0. 37, r. 32. Affidavit of service must state when, where, how and by whom served, 0. 37, r. 33. Miist be made within twelve weeks from teste, 0. 37, r. 34. Substituted Service — See Service of Writs, Orders and Documents — Writ of Summons, D. 2 D 402 Suit— Interpretation of term when used in Act, § 100 And see Action. Sufficiency of Answers — See. Answers to Interrogatories. Summary Judgment- See Judgment, B. Summons — See Chambers. Summons Book — See Chambers. Summons for Directions — General summons, one, may be taken out at any time by any party, O. 30, r. 1. Form shall be K. 8, with any requisite variation 0. 30, r. 2. All, or as many matters as can conveniently be dealt with shall be included, O. 30, r. 2. Subsequent applications which could, or ought to have been included, shall be granted only at the cost of the party applying, O. 30, r. 3. Order may include any matter, whether applied for or not, 0. 30, r. 2. Form shall be K. 4, with any requisite variation, O. 30, r. 2. Party served with summons, may, at hearing, apply for any order or directions he may desire, 0. 30, r. 2. Judge may direct notice to be given to any parties, O. 'SO, r. 2. Returnable, summons shall be, in not less than four days, 0. 30, r. 2. Served and addressed, siuumons shall be, on all parties who may be affected thereby, 0. 30, r. 2. Summons, Originating — See Administration and Trusts — Chambers, B. 403 Summons, Writ of— See Writ of Summons. Sunday — Act or proceeding to be done or taken in the offices and falling due on a Sunday, may be done or taken next day, O. 64, r. 3. Not reckoned where time limited is less than six days,0. 64, r. 2. Supreme Court- Divisions of, shall be two, the H. C. and C. A., § 4. Pay office of the, § 1. Union of all existing courts into one, § 3. Taxation of Costs — See Costs, D. Technical Objections- Shall not be raised to pleadings on the ground of want of form, 0. 19, r. 26. Tender — Costs, where directed to be taxed in case the parties differ, O. 65, r. 27, reg. 34. Defence, setting up a, money tendered must be brought into court, 0. 22, r. 3. Petition in Ch. Div., served with notice that costs of appear- ance in court will be objected to, tender of costs for perusal shall be £1 10s., O. 65, r. 27, reg. 19. Terms- Abolition of, except as a measure of time, § 26. Interpretation of words and terms used in Act ; see Words. 2 D 2 404 Third Parties — A. Under Order 16, by Nutice; B. Under Order 21, by Service of Counter-claim. A. Under Order Id, by Notice. Amendments may be ordered as may be proper for having questions determined, 0. IG, r. 53. Appearance by third party should be within eight days from service of notice, O. 16, r. 40. Contribution or indemnity or other relief or remedy, where defendant claims any, against any third party, he may, by leave, issue a third party notice, 0. 16,r. 48. When he claims same against any other de- fendant, 0. 16, r. 55. Form of order gi^ang leave, K. 23. Filed and sealed, notice shall be, as a writ, 0. 16, r. 48. Form of notice, may be B. 1, with any requisite variation, 0. 16, r. 48. Served, shall be, with copy statement of claim, or (if none) with copy writ of summons, \\ithin time for defence, 0. 16, r. 48. Costs, court or judge may decide and give directions as to all, as between third party and an}- other parties, O. 16, r. 54. Default of appearance by thu'd party, within eight days from service, admits validity of judgment obtained against defendant, and his own liability to contribute or indemnify, 0. 16, r. 40. Judgment against third party on default of ap- pearance, and wliere defendant also .suffers judgment by default, 0. 16, r. 50. Documents may be ordered to be delivered and amend- ments made, 0. 16, r. 53. Directions as to mode of trial, order may be made as to, on application of defendant serving the notice, if there be a question proper to be tried, O. 16, rr. 52, 53. If there is no question proper to be tried as to the liability of the third party, judgment may be given against him, O. 16, r. 52. 405 Third Parties {confintied). A. Under Order 16, by Notice {continued). Discharge or vary order, form of order to, K. 14. Execution by and against third parties, 0. 42, rr. 26, 51. Judgment may be entered against third party on default of appearance, and where defendant also suffers judgment by default, 0. 16, r. 50. After satisfaction by defendant of amount recovered against him, 0. 16, r. 51. Or where there is no question proper to be tried as to the liability of the third party, 0. 16, r. 52. Trial resulting in plaintiffs favor, O. 16, r. 51. Leave to defend may be given to third party on terms, if it appear desirable to do so, 0. 16, r. 53. Mode and extent in which third party shall be bound, may be directed by order, 0. 16, r. 53. Party to action, third party, when served, shall be deemed a, with all rights, § 24 (3). Pleadings, see Documents swpra. Proceedings "may be directed and directions given, O. 16, r. 53. Relief, all, claimed by defendant against third party, shall be granted as if he were a defendant, § 24 (3). Time for appearance shall be eight daj's from service of notice, 0. 16, r. 49. Form of appearance, A., part II., No. 5. Leave to appear may be given after the eight days, upon terms, 0. 16, r. 49. Trial, directions as to, may be given on defendant's appli- cation, where there is a question proper to be tried, 0. 16, r. 52. Leave may be given to third party to appear at, and take part therein, 0. 16, r. 53. Trial, where verdict for plaintiff, and third party has not entered appearance, judge may enter judgment for defendant against third party, but execution shall not issue without leave until after satisfaction by defendant of the judgment against him, 0. 16, r. 51. 406 Third Parties {continued). B. Under Order 21, hy Service of Counter-claim. Counter claim affecting third parties shall be served as a writ, O. 21, r. 12. Indorsement to be made thereon, B. 2 ; 0. 21, r. 12. Appearance, third party shall appear, 0. 21, r. 13. Form of appearance. A., part II., No. 7. Exclusion of claim on application of third party or plaintiff, 0. 21, r. 15. Reply, third party may deliver a, within the time within which he might deliver a defence to a statement of claim, O. 21, r. 14. Time- Abridgement of, 0. 64, r. 7. In admiralty actions, 0. 64, rr. 9, 10. Days, not being clear days, are reckoned exclusively of the first and inclusively of the last day, 0. 64, r. 12. Holidays, act or proceeding falling due on, may be done or taken on the day the offices are next open, 0. 64, r. 3. Enlargement of time after expiry, O. 64, r. 7. May be by consent, 0. 64, r. 8. Costs are in the discretion of the taxing master ; one extension only shall be allowed unless more be necessary and unavoidable, 0.65, r. 27, reg. 24. Taxing officer may limit or extend time for any pro- ceeding before him, 0. 65, r. 27, reg. 57. When appearance entered after proper time, 0. 12, r. 22. Judgments, etc., shall not be register. d nftor 2 p.m., 0. 61, r. 22. Long vacation shall not be reckoned in tlie times appointed for pleadings, O. 64, r. 5. Months shall be calendar months, 0. 64, r. 1. Months' notice to proceed where no proceeding had for a year, O. 64, r, 13. Orders simply enlarging time need not be drawn up, O. 52, r. 14. Saturdays, services effected after 2 p. m., shall be deemed to have been effected on the following Monday, 0. 64, r. 11. 407 Time {continued). Security for costs, time between day of service of order, and day on which security given, both inclusive, shall not be reckoned in time to plead, answer, or take any proceeding, 0. 64, r. 6. Services effected after 6 p.m. shall be deemed to have been effected on the following day, 0. 64, r. 11. Sittings and vacations, how computed, O. 63, r. 5. Stipulations as to time not of the essence of contracts shall be construed as in equity, § 25 (7). Sundays, Christmas Day, and Good Friday, when reckoned, 0. 64, r. 2. Time for pleading after delivery of particulars, 0. 19, r. 8. Title- Commissioners to administer oaths, § 84. Court of Appeal, § 4. Defendant's title in action for recovery of land need not be pleaded unless equitable, 0. 21, r. 21. High Court of Justice, § 4. Judges, ordinary, of the Court of Appeal, §§ 4, -|"f- 4. Judges of the High Court of Justice, § 5, ■f--|- 4. Short title of the Acts, § 1, % 1, f 1, ff 1, j 1, +| 1, \-ith a jury shall be held by a single judge unless otherAvise speciall}- ordered, O. 36, r. 9. Questions of law may be ordered to be tried before issues of fact, O. 34, r. 2. Referee, official or special, cause or matter may be tried before, by consent, or without consent where same requires a prolonged examination of documents or accounts, or any scientific or local investigation, § o7. Assessors, trial before referee may be had with, 0. 36 r. 7 {a). 411 Trial {continued). A. Modes of Trial {continued). Trial may be ordered to be held before an official or special referee, with or without assessors, O. 36, r. 7 (a). Separate trials may be ordered w^here causes joined cannot be conveniently tried together, 0. 18, r. 1. Special jury, notice for, may be given by plaintiff with notice of trial, where he is entitled to a trial by jury, 0. 36, r. 7 (6). Defendant similarly entitled may give notice for, at any time after pleadings closed, or issues settled, and before notice of trial, or not less than six days before day of trial, O. 36, r 7 (c). Order for trial by, may be made at any time on terms, O. 36, r. 7 {d). B. Place of Trial. Change of, by order, O. 36, r. 1. Local venues abolished, except statutory, 0. 36, r. 1. Middlesex, place of trial shall be, unless otherwise named or directed, O. 36, r. 1. Notice of place of trial shall be served on defendant within six days after appearance, where no statement of claim has been delivered or required, O. 36, x. 1. Place, unless ^.liddlesex, shall be named in statement of claim, O. 20, r. 5. May be appointed by judge, 0. 36, r. 8. Referee, place of trial before, shall be that which he deems most convenient, O. 36, r. 48. Regulation of venues by order in council, §§ 23. . C. Notice of Trial. Affidavit, notice of trial by, shall be given at the same time after the close of the evidence as is provided after the close of the pleadings, O. 38, r. 30. Assizes, notice shall be deemed to be for the first day of the then next assizes, O. 36, r. 18. Contents : notice shall state whether it is for the trial of the cause or matter, or of issues therein, and, in 41-2 Trial {continued). C. Notice of Trial {continued). Q. B. D., the place and day foi- ^vhi(:•]l it is entered, O. 3G, r. 13. Form of notice shall be B. 1(5, witli any requisite variation, 0. 36, r. 13. Countermanded, shall not be, except by consent or leave, 0. 86, r. 19. Defendant may give notice of trial, on plaintiffs failure for six weeks after close of pleadings, O. 36, r. 12. Dismiss, defendant may apply to, where plaintiff fails to give notice of trial for six Aveeks from close of pleadings, 0. 36, r. 12. Dispensing with, in admiralty actions, 0. 64, r. 9. Entry for trial, notice of trial shall be giv6n before, O. 36, r. 15. In London or Middlesex, if trial is not entered within six days, notice of trial shall be no longer in force, 0. 36, r 16. Jury, defendant may give notice of trial, by Avithin four days from notice of trial, in certain cases, O. 36, r. 2. London or Middlesex, notice shall operate for any day after its expiration on which trial may come on in its order, 0. 86, r. 17. Notice of trial may be given by plaintiff with his repl}', whether it closes the pleadings or not, 0. 86, r. 11. Short notice of trial shall be four days, 0. 36, r. 14. Ten days notice of trial shall be given, unless by consent or order, 0. 86, r. 14. D. Entry for Trial. Assizes ; either party may, after notice of trial is given and before the day next before the commission day, enter the trial at the assizes in the D. R., 0. 36, r. 22. Any vacant number may be selected by the party entering, O. 36, r. 24. Associate, trial may be entered with the, at the assize town, 0. 36, r. 22. 418 Trial {continued). D. Entry for Trial {continued). List shall be open for inspection at the D. K, 0. 86, r. 24. Trial entered by both j^arties, shall be tried in order of plaintiff's entry,- and defendant's entry shall be vacated, O. 86, r. 28. Entry may be made notwithstanding that j^leadings are not closed, provided notice of trial has been given, O. 36, r. 15. Lists for trial at the assizes, 0. 36, r. 27. Separate lists of trials with and without juries for trial in London and Middlesex shall be prepared, and trials shall be tried at such times as the L. C. J. may arrange, O. 36, r. 29. London and Middlesex, if party giving notice of trial omits to enter the trial on the day of, or day after, giving notice of trial, opposite party may enter within four days, O. 36, r. 20. If not entered by either party within six days, notice of trial shall be no longer in force, 0. 86, r. 16. Notice of trial shall be given before entry, O. 36, r. 15. Prcecipe on entering, G. 22. Printed copies of the pleadings (two) shall be delivered to the officer, O. 36, r. 30. Withdrawal by consent, O. 26, r. 2. Notice shall be immediately given to registrar where action entered in D. R., O. 36, r. 25. E. Proceedings after Entry and at Trial. Addresses to jury, 0. 86, r. 36. Adjourn or postpone trial, judge may, for such time, to such place, and on such terms, as he thinks fit, O. 36, r. 34. Certificate of associate or master, a sufficient authority to officer to enter judgment, 0. 86, r. 42. Form of certificate shall be B. 17, with any requisite variation, 0. 36, r. 42. Costs ; where trial struck out for plaintiff's defect, and 414 Trial {continued). E. Proceedings after Entry and at Trial {continued'). again set down, costs of first setting down shall bi,' defendant's, O. 65, r. 27, reg. 50. Counterclaim or set-off may be established by defendant notwithstanding misjoinder of a plaintiff, 0. 16, r. 3. Cross examination, disallowance of vexatious and irrele- vant questions, 0. 36, r. 38. Default of appearance at trial of plaintiff, defendant appearing shall be entitled to judgment of dismissal, and may prove his counterclaim, 0. 36, r. 32. Default of appearance at trial of defendant, plaintiff appearing may prove his claim, 0. 36, r. 31. Directions ; judge may direct judgment to be entered for any or either party, or adjourn the case for further consideration, or leave any party to move for judgment, O. 36, r. 39. Judgment shall not be entered after trial without an order, 0. 36, r. 39. Entry by associate or master of findings and judges, directions and certificates, 0. 36, r. 41. Evidence, saving as to, on trials by jury, §§ 20. Mitigation of damages, evidence in, in libel and slander, O. 36, r. 37. Witnesses shall be examined viva voce in open court, unless otherwise ordered or agreed, 0. 37, r. 1. Further consideration, case may be adjourned for, 0. 36, r. 39. Inspection by judge of any property or thing concerning which any question may arise, 0. 50, r. 4. Note of times at which trial commences and terminates, shall be made by officer, registrar or master, for communication to taxing officer, 0. 36, r. 40. Point of law raised on pleadings shall be disposed of at or after, or (by order) before trial, O. 25, r. 2. Postpone trial, power of judge to, 0. 36, r. 34. Rio-ht of parties to have issues submitted to the jury with a proper and complete direction upon the law and as to the evidence, §§ 22. 415 Trial {continued). E. Proceedings after Entry and at Trial {continued). Questions, judge must be asked to put all, to the jury, or new trial cannot be applied for, 0. 39. r. 6. Thii'd party may have liberty to appear at trial and take part therein, 0. 16, r. b'd. Verdict or judgment obtained where one party does not appear may be set aside, on apj^lication within six days, on terms, 0. 36, r. 33. Where trial cannot proceed by reason of solicitor's neglect to attend or to deliver papers for court or judge, he shall pay such costs as may be awarded, O. 65, r. 5. F. Trial before Referee or luitk Assessors. Adjourn to, or hold trial at, any place, referee may, 0. 36, r. 48. Assessors, cause or matter may be tried wholly or partially with aid of, § 56. Trial may be had with, 0. 36, r. 7 (a). Trial shall take place in such manner and on such terms as court or judge shall direct, 0. 36, r. 43. Attachment, orders of referee cannot be enforced by, or otherwise, O. 36, r. 51. Authority of referees shall be the same as that of a judge of the H. C, 0. 36, r. 50. Cases in which cause or matter may be tried before referee, § 57. Commit to prison, referee has no power to, 0. 36, r. 51. Inspection, referee may have any, that he deems expedient, O. 36, r. 48. London, duties of referee shall be performed in, or in the country, as may be ordered, § 83. Order for trial before referee, form of, K. 33. Place of trial shall be that which referee deems most convenient, 0. 36, r. 48. Proceed de die in diem referee shall, unless otherwise ordered, 0. 36, r. 48. Question, any, may be submitted by referee for the decision of the court, 0. 36, r. 52. 41() 'rial {continued). F. Trial hcforo .Referee or tritli As.^essors (^continiwd). Report of referee may be adopted wholly or partially, and enforced as a judgment, § 56. Ecjuivalent to verdict of a jury, unless set aside, § oS. Sittings of referees, hours and days of, O. 08, r. 1(J. Special referee shall have the same powers, and proceed in the same manner, as an official referee, § 57. Specially, facts may be stated, by referee for decision of the court, O. 36, r. 52. Trial before referee shall be conducted as a trial before the H. C, § 57, or a judge, 0. 86, r. 49. Evidence shall be taken, 0. 86, r. 49. View, referee may have any that he deems expedient, 0. 86, r. 48. Witness, attendance of, before referee, may be enforced by suhpcena, O. 36, r. 49. G. Trial on Affidavit. Consent recjuisite for trial of action on affidavit instead of on vivd voce evidence, O. 87, r. 1. Plaintiffs affidavits shall be filed, and a list thereof delivered, within fourteen days after consent, or within such time as may be agreed, or ordered, 0. 38, r. 25. Defendant's affidavits shall be filed, and a list thereof delivered, within fourteen days after delivery of plaintiff's list, or within such time as may be agreed, or ordered, O. 38, r. 26. Plaintiffs affidavits in reply (confined to matters strictly in reply) shall be filed, and a list thereof delivered, within seven days after the expiration of the defendant's fourteen days, or such time as may be agreed, or ordered, O. 88, r. 27. Cross-examination of deponent, notice for, may be served within fourteen days after time for filing affidavits in reply, or such time as may be specially appointed, O. 38, r. 28. Form of notice of cross-examination, B. 20. 4ir Trial {continued). G. Trial on A;^.dar it {continued). If deponent is not produced, his afS davit shall not be used, unless by special leave, O. 38, r. 28. Deponent's attendance may be compelled by the part}' receiving the notice, O. 38, r. 29. Deponent's expenses shall not be demanded in the first instance, O. 38, r. 28. Examiner, any witness may, by oi'der, be examined bj interrogatories or otherwise before a commissioner or examiner, 0. 37, rr. 1, 5. Form of order, K. 35. And see Eviden(;e, C. Fact, any particular, may be ordered to be proved by affidavit, 0. 37, r. 1. Affidavit of any witness may, by order, be read at the trial, O. 37, r. 1, But such order shall not be made if the other party bond fide desires to cross-examine the witness, 0. 37, r. 1. This rule does not apply, in P. D. and A. Div.. to default actions in rem, references in actions, oc actions for limitation of liability, unless so ordered, O. 38, r. 30. Notice of trial shall be given at the same time after tht- close of the evidence as is provided after the clost- of the pleadings, 0. 38, r. 30. Printed, affidavit evidence shall be, 0. 38, r. 30. Depositions filed for use on trial shall be printed unless otherwise ordered, 0. QQ, r. 5. But not if the deposition or affidavit has been previ- ously used without being printed, O. GC r. 6. And see Printing. Trinity Sittings — Commence Tuesday after Whitsun week, end 8th Augast^ O. 63, r. 1. Both days inclusive, O. 63, r. 5. 2 E 41 S Trustee — Cause or matter, ti'ustee may ho made party to any, on devolution of any estate, or ])ankruptcy of any party, 0.17, r. 2. May sue and be sued without joining beneficiaries, but the latter may at any stage be ordered to be joined, O. 1 6, r. 8. Bankruptcy trustee, claims by, shall not, unless by leave, be joined with other claims, O. 18, r. 3. Cestui que trust, claim of, against trustee under an express trust, shall not be barred by any statute of limitations, § 25 (2). Costs, trustees who have not inireasonably instituted, carried on, or resisted any proceedings, shall not be deprived of right thereto out of the estate or fund, 0. Go, r. 1. Sale of property in adminstration proceeding shall be under conduct of trustees, unless otherwise ordered, 0. 50, r. 10. Statement of claim (and special indorsement on writ) in an action against trustees for a debt on a trust, C. sec. 4> No. 12. ' Trustee Relief Act, 1859- See JuDTci.vL Opinion, Advice or Dihection. Trusts— See Administration and Execution of Trusts. u TJndertaking — Acceptance of service of writ and undertaking to appear ren- ders service unnecessary, O. 9, r. 1. Solicitor liable to an attachment for not appearing, or putting in bail in an admiralty action, pursuant to his undertaking, O. 12, r. 18. I 419 Underwriters — Form of order for production of documents, K. 19. Pleadings, forms of :^ Claim, statement of . . . ... ... C. sec. 5, No. 6. Defence „ D. sec. 5. Writ of summons, form of claim on, A. part III. sec. 4, No. 36. Unsound Mind, Person of— See Lunatic. Vacations and Holidays — Christmas Day and Good Friday not reckoned in any limited time of less than six days, O. 64, r. 2. Where an act cannot be done by reason of the offices being closed, it may be done on the day on which the offices shall next be open, O. 64, r. 3. Christmas vacation commences 24th December, ends 6th January, 0. 63, r. 4. Both days inclusive, O. 63, r. 5. Easter vacation commences on Good Friday, ends on Easter Tuesday, O. 63, r. 4. Both days inclusive, O. 63, r. 5. Good Friday ; see Christmas Day, supra. Holidays in offices of Supreme Court, O. 63, r. 6. Where an act cannot be done by reason of the offices being closed, the same may be done on the da}- on which they shall next be open, O. 64, r. 3. Long vacation commences 10th August, ends 24th October, O. 63, r. 4. Both days inclusive, 0. 63, r. 5. Pleadings shall not be amended or delivered in, unless directed, 0. 64 r. 4. 2 E 2 420 Vacations and Holidays {continued). Time of, .shall not be reckoned in pleadings, unless directed, O. 64, r. 5. Office hours in offices of Supreme Court, 0. 63, r. 9. Office sittings shall extend over the whole of the four periods between the vacations, O. 68, r. 3. Orders in council may regulate vacations, § 27. Queen's birthday, C. A. and H. C. need not sit on day ap- pointed to be kept as, O. 63, r. 2. Saturdays, offices shall close at 2 p.m., O. 63, r. 8. Services effected after 2 p.m. shall be deemed to have been effected on the following Monday, 0. 64, r. 11. Sunday not reckoned in any limited time of less than six days, O. 64, r. 2. Where an act cannot be done by reason of the offices being closed, it may be done on the day on which the offices shall next be open, O. 64, r. 3. Taxation of costs in vacation ; one master shall attend daily, O. 61, r. 3. Vacation courts and judges; provision shall be made for the hearing by judges of the H. C. and C. A. of applications requiring to be immediately or promptly heard, § 28. Two judges of H. C. shall be selected, O. 63, r. 11. May sit separately or together as a divisional court, O. 63, r. 12. Interval between sittings of H. C. shall, as to the disposal of business by the vacation judges, be deemed vacation, O. 63, r. 15. Orders made by, reversal or variation of, 0. 63, r. 12. Masters ; see Masters. Judgments or orders may be prosecuted before any judge in the interval between the close of any sittings and the commencement of the next sittings, O. 63, r. 14. Single judge of C. A. may during vacation make interim orders, § 52. Vacation judge, or any judge of Ch. Div., may is.su e .summonses in Ch. Div., returnable after vacation, O. 63, r. 13. 421 Vacations and Holidays {continued). Whitsim vacation commences Saturday before Whitsunday, ends Tuesday after Whitsunday, 0. 63, r. 4. Both days inclusive, O. 63, r. 5. Manchester district registry shall not be open on five days following Whit Monday, 0. 63, r. 10. Venditioni Exponas— Form of, H. 4. Prcecipe for, G. 3. Saving of writ of, 0. 43, r. 5. When same may issue, 0. 43, r. 2. Vendors and Purchasers — Actions for specific performance assigned to Ch. Div., § 34. Venue — Abolition of local venues, except statutory, 0. 36, r. 1. Change of place of trial by order, 0. 36, r. 1. Notice of place of trial shall be served on defendant within six days after appearance, where no statement of claim has been delivered or required, 0. 36, r. 1. Place of trial shall be Middlesex unless otherwise named or ordered, 0. 36, r. 1. Named shall be in statement of claim unless it be Middlesex, O. 20, r. 5. May be appointed by judge, 0. 36, r. 8. Regulation of venvies by order, in council, §§ 23. Verdict- See Trial, E. Vice Admiralty Courts- Saving clause as to, -f 23. View- Order may be made for inspection by jury and for attendance of special or common jury, O. 50, r. 5. 422 w Waiver — Judgment or order, where condition on which same granted is not complied with, 0. 42, r. 2. Warrant to Arrest in Admiralty Action- Affidavit to lead warrant, O. 5, r. 16 (a). Form shall be A., part I. No. 17, with any requisite variation, O. 5, r. 16. Issued, may be, at any time after writ of summons has issued, 0. 5, r. 16. Notice of action against foreign ship to consul in suit for wages or possession, 0. 5, r. 16 (h). May be waived by court or judge, O. 5, r. 17. Service, how effected, O. 9, r. 12. Translation of bottomry, bond required if in foreign language, O. 0, r. 16 (c). Wardship of Infants- Actions as to, assigned to Ch. Div., § 34. And see Infants. Waste- Equitable, right to commit, shall not be implied, § 25 (8). Injunction may be granted against threatened or apprehended waste, § 25 (8). One person may sue on behalf of all persons interested, 0. 16, r. 37. Whitsun Vacation — Commences Saturday before Whitsunday, ends Tuesday after Whitsunday, O. 63, r. 4. Both days inclusive, O. 63, r. 5. Holidays in offices of Supreme Court, O. 63, r. 6. In Manchester district registry, O. 63, r. 10. 423 Winding up — Appeal to Court of Appeal shall be brought within twenty- one days, O. 58, r. 9. Bankruptcy rules shall prevail, §§ 10. Transfer of cause or matter to court in which winding up is proceeding, 0. 49, r. 5. Withdrawing Action, Defence, or Record — See DiSCONTINUAXCE. Witness- Arbitrator, form of order for attendance before, K. 25, With documents, K. 26. Chief clerk, power of, to summon witnesses, O. 55, r. 16. Form of summons, L. 1. Compelling attendance of witness before referee, O. 36, r. 49. For cross-examination on his affidavit, O. 38, r. 28. Cross-examination, power of judge to disallow vexatious or irrelevant questions, O. 36, r. 38. Examination of witness before trial may be ordered, 0. 37, r. 5. By interrogatories or otherwise, O. 37, r. 1. Forms of orders : — Examination before examiner Short order for commission Long Prcec'//)e for commission Writ of commission, oaths and direction Officer of central office required to attend court ^vith any document, deposit and undertaking for his fees, charges and expenses, 0. 61, r. 29. Trial by jury, oral evidence on, |§ 20. Witnesses shall be examined vlvd voce and in open court, in the absence of any agreement or order, O. 37, r. !, And see Evidence. Words — " Action," § 100 ; when used in rules, O. 1, r. 1. " Assizes," % 23. " Cause," §100. " Central office," when used in rules, O. 7J, r. 1. K. 35. K. 36- K. 37. G. 17. J. 13. i2i "Words {continued). " Court of Appeal in Chancery, the," § 100. " Crown cases reserved," § 100. " Defendant," § 100. " Existing," § 100. " High Court of Chancery, the," § 100. Interpretation clause, § 100. Application of § 100 to the rules, 0. 71, r. 1. " Issuing execution against any party," when used in rules, O. 42, r. 8. " Judgment," § 100. "" London Court of BankrujDtcy," § 100. " Lord Chancellor," § 100. "Master," when used in rules, 0. 71, r. 1. « Matter," § 100. " Oath," § 100. " Order," § 100, " Order of course ; " appendix N. title " Attendances." " Originating Summons," when used in rules, 0. 71, r. 1. " Party," § 100. " Pension," § 100. " Person," when used in rules, 0. 71, r. 1. "Petitioner,"! 100. "Plaintiff," §100. "Pleading," § 100. "Plural" includes singular when used in the rules, O. 71 ; r. 2. " Probate action," when used in rules, 0. 71, r. 1. "Proper officer," when used in rules, 0. 71, r. 1. " Receiver," when used in rules, 0. 71, r. 1. " Rules of Court," § 100 ; 0. 63, r. 2. "Singular" includes plural when used in the rules, 0. 71 r. 2. "Suit," § 100. • Taxing officer," when used in rules, 0. 71, r. 1. " The principal Act," when used in rules, (). 71 , r. 1 . " The Acts," whrn used in rules, 0. 71, r. 1. ' Treasury, the," § 100. ■'Writ of execution," when >ised in rules, 0. 42, r. 8. 425 Work done — Claim, statement of, in an action for, and materials, E. sec. 2. Writ of summons, forms of indorsement of claim where no special indorsement. A., part III. sec. 2, Nos. 13, 21. Special indorsement, E. sec. 2. Writ of Attachment- See Attachment. Writ of Delivery — See Delivery, Writ of. Writ of Distringas — See Charging Stock or Shares — Distringas against Ex- Sheriff. Writ of Elegit— See Elegit. Writ of Execution — See Execution. Writ of Injunction — See Injunction. Writ of Inquiry — See Inql^iry, Writ of. Writ of Mandamus — See Mandamus. Writ of Ne Exeat Regno— See jSTe Exeat Regno. Writ of Possession — See Possession, Writ of. Writ of Sequestration — See Sequestration. 420 Writ of Summons — A. Place of Is.^ite and hmu Issued ; B. Form, Date and Teste; C. Indorsements ; D. Service; E. Amendment ; F. Concurrent; G. Duration and Renewal; H. Dlx- dosure by Solicitors and Plaintiffs; I. For Service out of Jurisdiction. A. Place of Issue and hoiu Issued. Action shall be commenced by writ of summons, O. 2, r. 1. Cause book, action shall be entered in, 0. o, r. 18. Central office, every writ not issued in a D. R. shall be issued in, 0. 5, r. 2. Department of, for issuing wTits, 0. 61, r. 1. Copy shall be left Avith the officer, 0. o, r. 12. Entered, shall be, in the cause book, 5, r. 1 3 Filed, shall be, 0. 5, r. 13. Notice to officer, copy shall be, of division to which action assigned, 0. 5, r. 14. District registry, plaintiff wherever resident may issue writs out of, § G4. Except in probate actions, 0. 5, r. 1. Lost writ, copy may be ordered to be sealed and ser\ ed in lieu of, O. 8, r. 3. Probate actions in, affidavit shall be filed verifying indorsement, O. 5, r. 15. Writ cannot issue in district registry, 0. o, r. 1. Sealed, shall be, by the proper officer, 0. o, r. 0. B. Form, Date and Teste. Action, every, shall be commenced by writ of summons, O. 2, r. L Admiralty action in rem, writ of summons in, shall be in form A., part I. Nos. 11 and 12, with any requisite vaj-iation, O. 2, r. 7. Bills of Exchange Act, no writ shall be issued under, O. 2, r. 6. Costs incurred by the use of other or more prolix forms of writs or indorsements shall be borne by party using the same, unless otherwise ordered, 0. 2, r. 2. Date shall be date when issued, O. 2, r. 8. 427 Writ of Summons {continued), B. Form, Date and Texte [confinued). District registry writs ; where defendant neither resides nor carries on business within the district, there shall be a statement that defendant may appear at district registry or at central office, O. 5, r. 3. Where defendant resides or carries on business in district, there shall be a statement that defen- dant do appear at district registry, 0. 5, r. 4. Forms shall be those in A., part I., with any requisite variation, O. 2, rr. 3, 5, 7. Admiralty action in rem District registry Central office, general form Specially indorsed Service out of jurisdiction Specially indorsed .. District registry, general form . . Specially indorsed Service out of jurisdiction Specially indorsed . . , Indorsement ; see Indorsements, C. infra. Marked, shall be, with name of D. R. whence issued, O. 5, r. 13. And with the division to which action assigned, 0. 2, r. 1 ; § 33. Plaintiff may choose division, §§11. P. D. and A. Div., action shall not be assigned to, unless it could have been commenced in P. D. or A. Courts before the Act, §§11. Actions within the non-exclusive cogni- zance of the High Court of Admiralt}', plaintiff ma}' assign to any division, O. 5, r. 5. Chancery actions, writs shall be marked by the officer Avith the name of the judge to whom * same assigned, O. 5, r. 9 (a). Year, letter, and number shall be marked, O. .5, r. 13. .., part I., , No. 11. „ 12. „ 1. 2. ,, .5. „ S. 428 Writ of Summons {continued). B. Form, Date and Tede {continued). Tested, shall be, in the name of the L. C, or if vacant of the L. C. J., 0. 2, r. 8. Written or printed, writ shall be, or partly written and partly printed, on paper, 0. 5, r. 10. C. Indorsements. Account, where plaintiff in the first instance desires to have an account taken, the writ shall be so indorsed, 0. 3, r. 8. Address ; where writ issued in central office, plaintitTs solicitor shall indorse plaintiff's address, and his own name and place of business, and (if necessary) his address for service, and (if issued as agent) the name and place of business of the principal solicitor,0. 4, r. 1. Plaintiff suing in person shall indorse his residence and occupation, and (if necessary) his addi'ess for service, 0. 4, r. 2. Address ; where writ issued in district registry, plaintiffs solicitor shall indorse plaintiff's address, and his own name and place of business, and (if necessary; his address for service, and where defendant does not reside in district, an address for service in Loudon, and (if issued as agent) the name and address of the principal solicitor, O. 4, r. 3. Plaintiff suing in person shall indorse his rcsideuce and occupation, and (if necessary) his address for service, and where defendant does not reside in district, an address for sendee in Lon- don, O. 4, r. 3. Claim, the, shall be indorsed on every writ before it is issued, O. 3, r. 1. Precise ground of relief or remedy claimed need not be set forth, O. 3, r. 2. Forms shall be those in A., })art III., 0. 3, r. 3. Admiralty actions : Cargo, damage to ... A. part 1 TL sec. 6. No. 3. „ by collision „ „ 2. 420 rit of Summons {continued). C. Indorsements {continued). Collision, damage to vessel by A. part III. sec. 6,No. 1. Necessaries „ jj 15. Part owner ... ... ... „ » 10. Possession ... ... ... „ » 4. „ in respect of share ... „ „ 5. „ part earnings ... „ » (]. „ as against master ... „ „ 7. „ under a mortgage ... „ }■> 8. „ as assignee of bottomry bond )> 9. „ as owner of derelict ... „ )5 11. Salvors ... ... ... „ J) 12. Seamen's wages ... ... „ 5J 14. Towage „ 5> 18. Chancery actions : Administration by creditor A. part III. sec l,No. 1. „ legatee }} 9. Cancellation of deed ... „ 33 8. Execution of trusts ... „ 33 7. Mortgagee ... „ 33 4. Mortgagor ... „ 33 0. Partnership ... „ 33 3. Raising portions ... „ 3J 6. Rectification of deed ... „ 8. Specific performance ... „ 33 9. Damages and other claims : Account A. part III. sec 4, No. 1. Agent, breach of contract to employ 33 2. „ wrongful dismissal ... „ 33 8. „ wrongfully quitting employ 33 4. Apprenticeship ... ... „ 33 6. Arbitration ... ... „ ?> 7 Assault ... ... ... „ 33 8,9. Award, non-compliance with ... „ 33 7. Bailment ... ... ... „ 33 11. Banker ... ... ... ,, 33 14. Bill, non-acceptance of • • . „ » 15 4:{0 Writ of Summons ^continued). ('. I iKlorsements {continued). Bond A. ])art III. Breacli of proniiso of raarriage „ Carrier, refusal to carry g(jods „ plaintiff „ „ carriage of goods by railway Charter party ... ... ... „ Cheque, refusal to pay ... „ Contract, breach of, to employ agent „ land ; see Land infra. „ non- delivery of goods ... „ „ promise to marry ... „ „ sale of goods ... „ „ warranty, breach of ... „ „ work ... ... „ „ wrongful dismissal ... „ „ wTongfuU}^ quitting employ Conversion of goods ... ... „ Cop}Tight „ Covenant ... ... ... „ Defamation, libel ... ... „ „ slander ... „ Detinue of goods ... ... „ Distress ... ... ... „ „ replevin for ... ... „ Dower ... ... ... ... „ Ejectment ... ... ... „ Factor ... ... ... „ False imprisonment ... ... „ Fishery ... ... ... „ Fraudulent misrepresentation „ Guarantee ... ... „ Hire ... ... ... „ Indemnity ... ... ... „ Injunction ... ... ... „ Innkeeper ... ... ... „ Insurance, breach of contract of „ sec. 4,No.l6. )> 47. » 17. » 18. » 19. » 20. » 21. j> 14. » 2. » 51. » 47. » 50. j> 52. ,, 69, 70. » 8. » 4. j> 28. j> 67. 5> ' 40,56,78. » 24. J> 25. )) 11,12,22. J> 27. » 26. » 30. n 28. 5> 5. J> 8,9. „ 31. » 32, 33. >) 34, 35. » 13. >> 35. » 75. J> 73. »> 38. 4:J1 rrit of Summons {continued). C. Iiulorsnuents (contviued). Insurance, fire ... ... A. part III. sec 4, No .87. „ marine » }> 36. Land, breach of contract to sell )> }> 58. „ „ to let a house „ 54. ^ , „ and fixtures, &c.„ 55. , „ covenants , 56 7s. ) , establishing title to ... 9. , mesne profits ... 76. nuisance to, by vapours 71. „ possession, recovery of 28 , rents, account of 77. , „ arrears of 77. , „ recovery of 29. , support 58. , trespass to 57. Landlord and tenant, repairs 39. „ „ covenants 40. Libel 24. Light ... 64. Malicious prosecution 8. Mandamus ... 74. Marriage, breach of promise . . . 47. Medical man... 41. Mesne profits ... 76. Mischievous animal ... 42. Negligence, bailment of goods 12. „ custody of goods 11 ,13. ) , hire of goods . . . 13. . , injury in driving 43. , Lord Campbell's Act „ 46. , medical man . . . 4L „ railway 44. „ railway station » >i 45. „ solicitor ... » » 10. Nuisance, noxious vapours ... )> )> 71. „ noise »> }) 72. Pa sti ire, infringement of right 63. 4.S2 Writ of Summons {continued). C. Tii(l<)rse)}U'/nts (continued). Patent infringement A. part III sec. 4, Nc .. 66. Pledge „ )> 12. Promise of marriage, breach of„ „ )> 47. Quare impedit „ )> 4 oO. „ non-delivery ... „ » rA. „ breach of warranty >> o2. Sale of land ; see Land, Hiq)ra. Seduction ... ... ... „ 5> 49. Slander ... ... ... „ » 25. Solicitor, negligence ... „ » 10. Sporting ... ... ... „ » 65. Support ... ... ... „ >J 58. Trade mark ... ... ... „ „ 68. Trespass to land ... ... „ » 57. Warranty, breach of . . . ... „ » 52. Watercourse, diverting, &c. ... „ ;> 60. ,, obstructing ... „ „ 60 ,62. „ wrongful discharge ,, )> 61. Way „ 3) 59. Work, breach of contract to „ „ 69 ,70. Money claims, wJtere no special indorsemient : Award ... ... ... A. part III. sec. 2, No. 41- Banker's balance ... ... „ ?> 12. Bill of exchange ... ... „ » 46 48. „ accommodation ... „ j> 37. Board and lodging ... ... „ )> 22. „ „ and tuition „ }> 28 Bond „ » 43. CalLs upon shares ... ... „ » 52. Carriage of goods ... ... „ „ 18. Cheque ... ... ... „ „ 45. Commission ... ... ... „ » 14. Contribution by co-debtor ... „ 3> 39. surety ... „ J> 38. Writ of Summons (^continued). C. Indorsements {continued). Crops ... ... Del credere agent Demurrage Fees ... Foreign judgment ... ... „ Freight ... ... ... „ General average ... ... „ Goods sold ... ... ... „ „ carriage of ... ... „ „ hire of ... ... „ Guarantee ; see Surety, infra. Interest ... ... ... „ Lighterage ... ... ... „ Market tolls „ Medical attendance ... ... „ Money entrusted to agent ... „ lent ... ... ... „ obtained by fraud ... „ overpaid ... ... „ paid for the defendant „ „ by mistake ... „ „ on accommodation bill „ on a consideration that has ,, by surety for defendant „ „ for calls received ... ... „ Penalties ... ... ... „ Policy, life ... ... ... „ Premiums, return of . . . ... „ Promissory note ... ... „ Rent ... ... ... ... „ Salar}' ... ... ... ... „ Schooling ... ... ... „ Shares, return of deposit ... „ Solicitor ... ... ... „ Stakeholder ... ... ... „ Stallage ... ... ... „ A.part III. sec. 2, No. 53. 51. 8.- 13, 25. 44. 8. 7. 1. 18. 20. failed 6. 9. 10. 15. 30. 2. 31. 26, 27. 36. 32. 37. 33, 34. 35. 40. 24. 11. 42. 16. 47. 4. 5. 23. 34. 13. 28, 29. 10. 2 F 434 Writ of Summons {continued). C. Indorsements {continued). Surety A. part III. sec. 2, No. 49. „ and principal ... ••• „ „ 50. „ contribution by... ... „ „ 38. „ money paid by for defendant „ 35, 40. Tenant, out-going ... ... ,, „ 53. Tolls „ „ 10. Use and occupation ... ...» ,, 19. Warehouse rent ... . . . „ „ 17. Waygoing crops, &c. ... • . • „ » 53. Work done as solicitor ... ., „ 13. „ „ surveyor ... „ „ 21. Probate Actions : Grant of administration, when interest disputed ... A. part III. sec. 5, No. 4. Revocation of probate ... „ „ 2. „ administration „ „ 3. Solemn form, probate in ... „ „ 1. Debt or liquidated demand, in, indorsement shall state amount claimed for debt and costs, and that on payment in four days further proceedings will be stayed, 0. 3, r. 7. Costs may be taxed, and if one-sixth taxed off, plaintiffs solicitor shall pay costs of taxation, O. 3, r. 7. Form of this indorsement shall be A., part III, sec. 3 ; O. 3, r. 7. Debt or lirjuidated demand, or in actions by landlord against tenant for recovery of land, ^vrit may be specially indorsed, 0. 3, r. G. Forms shall be to the effect of those in C. sec. 4. Bill of exchange ; Indorsee v. acceptor ... C. sec. 4, No. 4. „ „ and drawer „ 5. Payee r. drawer excusing notice „ 6. Bond, obligee v. obligor ... „ 7. Company r. shareholder for allotment money and calls ... ,, 9. 435 Writ of Suramons {cotttimied). G. Indorsements {continued) Covenantee v. covenantor A. part III. sec. 5, No. 8. Goods sold and delivered ... „ 1. Guarantee for price of goods „ 10. Creditor ^'. principal and surety „ 11. Money had and received ... „ 2. Promissory note, payee v. maker „ 8. Trust, debt on a ... ... „ 12. Work done and materials ... E. sec. 2. Special indorsement shall be deemed the statement of claim, 0. 20, r. 1 («)• Special allowance for costs, 0. 6.5, r. 27, reg. 1. Probate actions, in, character in which plaintiff sues shall be shown, 0. 3, r. 5. Prolixity in indorsements shall be borne by the party using the same unless otherwise directed, 0. 2 r. 2. Representative character of plaintiff or defendant shall be shown, 0. 3, r. 4. Forms shall be those in A. part III. sec. 7. Executor (plaintiff) A. part III, sec. 7, No. 1. „ (defendant) „ „ 2. „ „ a nd in personal capacity) „ „ 3. Heir-at-law ... „ „ 9. „ and devisee „ „ 10. Public officer (plaintiff) „ „ 6. „ (defendant) „ „ 7. „ (and principal) „ „ 8. Qui ^am action ... „ „ 11. Trustee ... ... „ „ 5. „ in bankruptcy (plaintiff) „ 4. Service, person effecting, shall within three days indorse the day of the month and week of service, O. 9, r. 15. D. Service. Acceptance of service by solicitor renders service unneces- sary, O. 9, r. 1. Solicitor liable to attachment for not entering an 2 F 2 436 Writ of SuinniL.ns {cojitinued). D. Service {continued). appearance in pursuance of liis undertaking, 0. 12, r. 18. Added or substituted defendant shall be served, O.IG, r. 13. Corporation, statutory mode of service on, may be folloAved ; in the absence thereof, service may be on mayor, town clerk, treasurer, secretary, etc. 0. 9, r. 8. Firms ; see Partners, infra. Husband and wife, both shall be served, unless otherwise ordered, O. 9, r. 3. Indorsement of ser\ice shall be made within three days. Affidavit of service shall mention the day on which indorsement made, O. 9, r. 15. Infant, service on the father, or guardian, or, if none, on the person with whom the infant resides, shall, unless otherwise ordered, be good service, provided that the court may order that service on the infant shall be good service", 0. 9, r. 4. Land, in case of vacant possession, writ may be served by posting a copy on the door or other conspicuous part of the jjroperty, 0. 9, r. 9. Lunatic or person of unsound mind, service on the com- mittee, or person with whom he or she resides, shall, unless otherwise ordered, be good service, 0. 9, r. 5. Partners, when sued in the name of the firm, service may be either upon one or more of the partners, or at their principal place of business upon any person having its control or management, O. 9, r. 6. Where one person only carries on business in the name of a firm, writ may be served at the principal place of business on any person having its control or management, O. 9, r. 7. Where partnership has been dissolved, every person sought to be made liable shall be served, 0. 16,r. 14. Personal, service shall be, wherever practicable, 0. 9, r. 2. Statutory provision for service upon any society or body corporate, writ may be served in the manner so pro- vided, O. 9, r. 8. 437 Writ of Summons {continued). D. Service (continued). Substituted service may be ordered where plaintiff is unable to effect prompt personal service, O. 9, r. 2. Application for order shall be supported by affidavit, O. 10. Form of order, K. 21. Indorsement of service shall be made within three days, and same shall be mentioned in affida\it of service, O. 9, r. 5. E. Amendnient. Indorsement may be amended at any stage on terms, 0. 28, r. 1. Unnecessary to amend indorsement where statement of claim amended, O. 20, r. 4. Order for, need riot, be drawn up ; notice of order shall be served, O. 52, r. 14. Proecipe on, G. 19. • Where defendant added or substituted, writ shall be amended, O. 16, r. 13. F. Concurrent. Duration shall be that of original writ, O. 6, r. 1. Issued m,ay be within twelve months of the issue of original writ, O. 6, r. 1. Renewal of, by leave, O. 8, r. 1. Seal shall bear the date of issuing, O. 6, r. 1. Teste shall be the same as that of original writ, O. 6, r. 1. Writs for service within, may be concurrent with those for service without the jurisdiction, and vice versa, O. 6, r. 2. G. Duration and Beneiucd. Concurrent writs may be renewed, O. 8, r. 1. Duration, writ shall not remain in force for more than twelve months unless renewed, 0. 8, r. 1. Evidence of renewal and commencement of action, production of sealed writ shall be sufficient, 0. 8, r. 2. 438 Writ of Summons {continued). G. Duration and Renewal {continued). Leave to renew is necessary, O. 8, r. 1. Order allowing renewal, form of, K. 22. Memorandum of renewal shall be A. part I., No. 18, with any requisite variation, O. 8, r. 1 : and see G. 20 . Sealed, renewed Avrit shall be, 0. 8, r. 1. Statute of limitations, renewal of writ prevents operation of, O. 8, r. 1. H. Disclosure by Solicitors and PlaAntips Demand, solicitor shall on declare n writing whether writ issued oy mm or with his authority or privity, 0.7 Firm, where writ issued by partners in name of a, the plaintiffs or their solicitor shall on demand declare the names and residences of all persons constituting the firm, O. 7, r. 2. Proceedings may, by order, be stayed on default, O. 7, r. 2. Upon compliance, action proceeds in name of firm but with same consequences as if partners were named in writ, 0. 7, r. 2. Summons for names of partners may be issued, 0. 16, r. 14. /. For Service out of Jurisdiction. Form of writ shall be one of the following, O. 2, r. 5. Central office ... Specially indorsed District registry Specially indorsed..-. Issued, shall not be, without leave, 0. 2, r. 4. Form of order, K. 20. Leave, when it may be given, O. 11, r. 1. Affidavit for leave, O. 11, r. 4. Order giving leave shall limit time for appearance, O. 11, r. 5. Need not be drawn up, 0. 52, r. 14. A. part I. No. 5. )> )) ;! 6. }> )) 7. 8. 439 "Writ of Suminons {mitinxed). J. For Service out of Jurlsdki'ioi) [continued). Notice ill lieu of service shall be given in the manner in which writs are served, O. 11, r. 7. Form shall be A. part 1, Nos. 9 or 10, with any requisite variation, O. 2, r. 5. Notice of the writ and not the writ itself is to be served where the defendant is not a British subject and not in British dominions, 0. ll,r.G. Setting aside writ, notice of motion may be served before appearance, O. 12, r. 30. Cordingley & Sharpe, Printers, Hammersmith, London, W. i CD LAW LIBRARY UNIVERSITY OF CALIFORNL^ ^ f\a AMnir.L.RS v:^ ^=n^M g^^'^ ^'j' k > ^ li iwrn^^ ^•UBRARYQa 5 1 ir-^ ^ ^aoiiivjjo'^ -^tUBKAHYd// ^^OJIlVJiO'^ T-'L/i i ^•lOSAWCElij^ J" ^.OFCAIIFO/?^ ^OfCAllFO/?^ ■3 >— 'I I' ^ § 1 ir^ i §''*'"' ^ 1 ? so S ^rf>^ %fn■ll■IVl-i(^'^' ^5i\EUNIVER% >>lOSANCner> /^ — ^ -< .M,^ ^^' ri i\ ai^ ^Aii. ^^WEUN1VER% ^lOSANCElZf/ -&A«vHan-i^^ -< -^^^'E•UBRARYO/ ^lUBRAfiYO/ S 2 ^A WVnJITVI.JlxV' S^ \WEUNIVER% ,>>lOSANCElf/v ''^ifj'ii'Uft'.cm?^ V/CHUiKiniuS:^ 'Toji a • T J O y=: m ^ ^ £7 :5 ivrei-//. 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