Order V. rule 6a. Order VII. rule 6a. Order VII. rule 8a. Order VIII. rule 6a. Order IX. rule la. Order IX. rule 8a. Order IX. rule 17. Notice of claim to contribution, indemnity, &c. to be given. ORDER V. 8. In Order V. rule 6 (f), for the words "the trial," the words "any stage of the proceedings" are hereby substituted. ORDER VII. PARTICULARS AND STATEMENT OF CLAIM. 9. In Order VII. rule 6 (g), for the figures "1875" the figures "1867" are hereby substituted. 10. In Order VII. rule 8 (h), for the words "such service" the words "service of such notice shall be substituted. ORDER VIII. PLAINT NOTE AND SUMMONS. 11. Order VIII. rule 6 (i), shall be read as if the last nine words of the rule were not therein. ORDER IX. SPECIAL DEFENCES (k). 12. A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not. 13. Order IX., rule 8 (1), is hereby annulled, and the following shall stand in lieu thereof: Where the defendant intends to rely upon a set-off or counter-claim against the claims of the plaintiff, his statement shall contain particulars of such set-off or counter-claim. 14. Where a defendant by his defence sets up any counter-claim which raises questions between himself and the plaintiff along with any other person, he may apply to the court, under Order XVII., rule 12 (m), to add the name of such person as a party to the counter-claim. ORDER X. (n). Order X. is hereby annulled, and the following order shall stand in lieu thereof: ORDER XA. CLAIM FOR CONTRIBUTION, INDEMNITY, &C. 15. (1.) Where a defendant is or claims to be entitled to contribution, indemnity, or other remedy or relief over against any person not a party to the action, he shall, five clear days before the return-day, file a notice, which notice may be in the form or to the effect of the form in the schedule, with such variations as circumstances may require, and (f) Ante, p. 90. (k) See ante, p. 98. the registrar shall seal such notice and deliver it to the defendant, who shall serve the same, together with a copy of the summons on the plaint Form 312. and of the particulars annexed thereto, upon the person against whom such claim is made; and such service shall be regulated by the rules as to service of default summonses. default in deemed to 16. (2.) If any person served with a notice under the last preceding If person rule desires to dispute the plaintiff's claim in the action as against the served makes defendant on whose behalf the notice has been given, he must appear at appearing, he the court on the return-day mentioned in the summons, or on any day is to be to which he may have received notice from the registrar that the trial admit vahas, under Order XXXVII., rule 30 (0), been postponed; and in default lidity of of his so doing he shall be deemed to admit the validity of the judg- judgment ment obtained against such defendant, whether obtained by consent or fendant. otherwise. against de directions as to conduct of 17. (3.) Any person served with a notice under the last preceding Application rule but one, or the defendant in the action, may apply at or before the to judge for trial to the judge for directions as to the conduct of the action, and as to any proceedings or notices therein, and upon such application the judge may order such person to be substituted for, or to be joined with, the defendant in the action, upon such terms as to security or otherwise as may seem just, and generally may direct such proceedings to be taken and give such directions as he shall think proper. ORDER XII. XXXVIL rule 30.) 18. Order XII., rule 1 (p), is hereby annulled, and the following Order XII. shall stand in lieu thereof: rule la. action. If the plaintiff desires to discontinue the action or matter against all Disconor any of the parties thereto, he shall give notice (which shall, if tinuance of required, be in writing) thereof to the registrar, and, by post or otherwise, to the party or parties as to whom he so desires to discontinue the action or matter, and after the receipt of such notice the party may Form 284. apply ex parte for an order against the plaintiff for the costs incurred before the receipt of such notice, and of attending the court to obtain the order. rule ba. Where payment made after notice of defence given. 19. Where a notice of defence under section one of "The County Order XII. Courts Act, 1875" (q), has been given, and the defendant, before notice of the day fixed for the trial by the registrar has been sent to the plaintiff, pays into court the amount claimed, together with the fees and costs charged on the summons, he shall not be liable for any further costs. Where notice of trial has been so sent, it shall be lawful for the court to order the defendant to pay such further fees and costs as the plaintiff may have, prior to receiving notice from the registrar of the payment into court, incurred in preparing for trial, and may incur in attending court on the day fixed for the trial to obtain this order, and such order shall be for payment forthwith; and the costs of any proceeding special to admiralty actions in rem, may be allowed on the principle of the scale of costs applicable to actions in general. Order XII., rule 6 (r), is hereby annulled, and the following shall stand in lieu thereof : rule 6a. Order XIL 20. Where a defendant pays into court any sum admitted by him to Where amount (0) Ante, p. 146. (p) Ante, p. 102. (q) Ante, p. 3. (r) Ante, p. 105. admitted includes amount of a set-off or counterclaim. Order XVII. rule 12a. Notice to an added defendant. Order XVIII. rule 38a. Order XIX. rule 9a. Order XIX rule 20a. Order XXIV. rule 4a. Service on a firm or company. Order XXXI. rule 21a. Order rule 6a. Order XXXIII. rule 10a. be due after deducting any amount he may claim as a set-off or counterclaim, he shall pay therewith court fees proportionate to the total amount of the sum paid in, and of the sum he claims by way of set-off or counter-claim. ORDER XVII. 21. Where a defendant is added a copy of the order of the court adding him as a defendant in the action, together with a copy of the summons on the plaint, and a notice as to the day upon which he is to attend at the court, shall be served according to the rules as to service of ordinary summonses. ORDER XVIII. 22. Order XVIII., rule 38 (t), is hereby annulled. ORDER XIX. ENFORCEMENT OF JUDGMENTS AND ORDERS. 23. Order XIX., rule 9 (u), shall be read as if the words "or is employed" had been inserted after the word "business" in such rule. 24. In Order XIX., rule 20 (x), for the words "no such order shall issue, or if issued but not executed, shall be recalled," the words "such order shall not issue: but, if issued and not executed, it shall be recalled," are hereby substituted. ORDER XXIV. ATTACHMENT OF DEBTS (y). 25. Where the garnishee is a firm or is a company or other corporation the summons need not be served personally, but it may be served as provided by Order VIII. (z), with respect to the service of an ordinary summons. ORDER XXXI. PROCEEDINGS UNDER TRUSTEE RELIEF ACT, &c. 26. In Order XXXI., rule 21 (a), for the words "the preceding rules relating" the words "such of these rules as relate" are hereby substituted. ORDER XXXIII. 27. Order XXXIII., rule 6 (b), shall be read as if the words "enter a plaint, and" had been inserted after the word "shall" in such rule. 28. In Order XXXIII., rule 10 (c), for the word "admiralty" the word "justice" is hereby substituted. (8) See ante, pp. 109-111. (t) Ante, p. 116. (u) Ante, p. 117. (x) Ante, p. 118. (y) See ante, p. 124. (z) See ante, pp. 94-98. (a) Ante, p. 134. (c) Ante, p. 136. ORDER XXXVI. COSTS. 29. Order XXXVI., rule 13 (d), shall be read as if the words “and Order costs were not therein. XXXVI. rule 13a. 30. Item 2 in Part I. and item 3 in Part II., and 3 and 4 in Part III., Order and a moiety of any item for " affidavit of service with copy of summons XXXVI. annexed, attending to file, and entering up judgment by default," in the rule 14. scale of costs for actions not exceeding 201. (e), shall not be entered on the summons; and where counsel is employed, and an amount of not less than five pounds is claimed, one pound three shillings and sixpence may be allowed by the court in addition to the item for the attendance in court of a solicitor. XXXVI. 31. Where a counter-claimant fails to establish his counter-claim, he Order may be ordered to pay to the plaintiff costs on such scale as the court rule 15. may think just, and where he succeeds in establishing his counterclaim, the plaintiff may be ordered to pay to him costs on such scale as the court may think just. XXXVI. rule 16. 32. In admiralty actions in rem where the amount claimed does not Order exceed twenty pounds, the costs shall be allowed on the scale in actions above twenty pounds, unless the judge shall be of opinion that proceedings in rem ought not to have been taken, and shall otherwise order ; and the costs of any proceeding special to admiralty actions in rem may be allowed on the principle of the scale applicable to actions in general. ORDER XXXVII. PRACTICE. 33. In Order XXXVII. rule 1 (f), for the words "one month" the Order words "two months" shall be substituted. XXXVII. rule la. Order 34. Order XXXVII. rule 23 (g), is hereby annulled. 35. Where the time for doing any act or taking any proceeding XXXVII. expires on a Sunday, or other day on which the offices are closed, and rule 23a. by reason thereof such act or proceeding cannot be done or taken on Order that day, such act or proceeding shall, so far as regards the time of rule 34a. doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open. ORDER XXXIXA. THE LOCAL LOANS ACT, 1875. XXXVII. 36. An application to a county court for the appointment of a Order receiver under the provisions of section twelve of "The Local Loans XXXIX. Act, 1875" (h), shall be made by petition, and the same procedure shall (d) Ante, p. 143. (h) This act (38 & 39 Vict. c. 83), amending the law relating to securities for loans contracted by local authorities, gives a remedy by action (in which a mandamus may be claimed) in default of payment of any sum due. Sect. 12 provides that Application for appoint ceiver to be ment of a re- be followed and the same fees be paid and costs allowed as on any other petition to the court in which the subject-matter of the petition exceeds 100%. by petition. Application for rectifica tion of register of nominal securities to be by petition. To what 37. An application to the judge of a county court for the rectification of a register of nominal securities under the provisions of section twenty-five of "The Local Loans Act, 1875" (i), shall be made by petition, and the same procedure shall be followed, and the same fees be paid, and costs allowed, as on any other petition to the court in which the subject-matter of the petition exceeds 201. and does not exceed 100l. 38. The court to which petitions shall be presented under the two court petition last preceding rules shall be the court of the district in which the local authority exercises its authority. to be pre sented. shall from time to time raise, as hereinafter mentioned, by or out of the local rate or property charged, sufficient money to pay the amount the payment of which is so in default, and all sums due while he is receiver on or in respect of any such security, together with all costs, charges and expenses incurred in or about the appointment of such receiver, and the execution of his duties under this section, including a proper remuneration for his trouble, and shall render to the defaulting authority the balance, if any, remaining in his hands after making the said payments." The same section, after giving power to the receiver to raise the amount by means of the local rate, and by receipt of rents and profits when the amount due is charged on other property, enacts that, "a county court may appoint a receiver under this section with respect to any local rate levied, or any property situate wholly or partly within the jurisdiction of such court, and may remove such receiver and appoint another in his stead, and so from time to time; and may make such orders and give such directions as to the powers and duties of the receiver, and otherwise as to the disposal of the moneys received by him, as may be thought fit for carrying this section into effect." (i) By the act cited a register of securities is required to be kept, including the names and addresses of owners, and by s. 25, "if the name of any person is without sufficient cause entered in or omitted from the register, or if default is made or unnecessary delay takes place in making any entry in such register, the person aggrieved or the local authority may apply to the court for an order that the register may be rectified." The court may either refuse the application with or without costs, or make an order for the rectification of the register, and make an order as to costs or damages, and decide any question relating to the title to have a name entered or omitted from the register, and generally any question necessary or expedient to decide for the rectification of the register. The court means (6 any of her Majesty's superior courts of law or equity, or any court to which the jurisdiction of such courts may be transferred, and, where the value of any security or securities to which the application relates does not exceed 50l., shall include a county court, and the jurisdiction by this act given to a superior court may be exercised in a summary manner by any judge or judges of such court sitting in chambers or otherwise." |