APPEARANCE—continued.

The solicitor of a defendant appearing by solicitor shall state in the memorandum his place of business, and (if the appearance is entered in London) a place to be called his "address for service," which shall not be more than three miles from Temple Bar, and (if the appearance is entered in a District Registry) a place to be called his "address for service," which shall be within the district (Ord. 12, r. 7). And if the address is illusory or fictitious, the appearance may be set aside by the Court or Judge on the application of the plaintiff (Ord. 12, r. 9).

[The application is by summons before a Master.]

Appearance by partners. Where partners are sued in the name of their firm they are to appear individually in their own names; but all subsequent proceedings shall, nevertheless, continue in the name of the firm (Ord. 12, r. 12). And where any person carrying on business in the name of a firm apparently consisting of more than one person is sued in the name of the firm, he shall appear in his own name; but all subsequent proceedings continue in the name of the firm (Ord. 12, r. 12a).

Appearance in actions for the recovery of land. Any person not named as defendant in the writ may by leave appear and defend, on filing an affidavit, showing that he is in possession of the land either by himself or his tenant (Ord. 12, r. 18).

Any person appearing to defend as landlord in respect of property, whereof he is in possession only by his tenant, shall state in his appearance that he appears as landlord (Ord. 12, r. 19).

[The tenant will not, by the landlord being joined,

be precluded from setting up any defence which he may have as tenant in possession (Doe d. Wawn v. Horn, 3 M. & W. 333).]

APPEARANCE-continued.

Where a person not named as defendant in the writ has obtained leave of the Court or Judge to appear and defend, he shall enter an appearance according to the Rules, intituled in the action against the party or parties named in the writ as defendant or defendants, and shall forthwith give notice of such appearance to the plaintiff's solicitor, or the plaintiff in person (Ord. 12, r. 20).

Any person appearing to a writ shall be at liberty to limit his defence to a part only of the property mentioned in the writ, describing that part with reasonable certainty in his memorandum of appearance, or in a notice intituled in the cause (Ord. 12, r. 21).

[The notice is to be served within four days after

appearance; and an appearance where the defence is so limited shall be deemed an appearance to defend for the whole.]

APPLICATION for Disclosure by for Disclosure by Solicitors or Plaintiffs.

Every solicitor whose name is indorsed on the writ shall, on demand in writing by or on behalf of any defendant who has been served therewith, declare forthwith whether such writ has been issued by him or with his authority or privity; and if the solicitor shall declare that the writ was not so issued by him, all proceedings are to be stayed, and no further proceedings shall be taken thereupon without leave of Court or Judge (Ord. 7, r. 1).

[Solicitor's authority. A solicitor acting for

a common law corporation must be retained under its common seal (Arnold v. Poole, 2 Dowl. N. S. 574), or else he cannot recover his costs. But this is not required under the Companies Act, 1862 (Companies Act, 1867, 30 & 31 Vict. c. 131, s. 37; and South of Ireland Colliery Co. v. Waddle, L. R., 4 C. P. 617, Ex. Ch.).]

APPLICATION for Disclosure by Solicitors or Plaintiffs-cont.

When a writ is sued out by partners in the name of their firm, the plaintiffs or their solicitors shall, on demand in writing by or on behalf of any defendant, declare the names and places of residence of all the persons constituting the firm, and if the plaintiffs do not comply with such demand, all proceedings are to be stayed. When the names of the partners are declared, the proceedings continue in the name of the firm (Ord. 7, r. 2).

AMENDMENT of Writ.

The Court or Judge may, at any stage of the proceedings, allow the plaintiff to amend the writ of summons in such manner and on such terms as may seem just (Ord. 27, r. 11).

Should the defendant fail to enter an appearance to the writ, the next step to be taken by the plaintiff is to sign

JUDGMENT in Default of Appearance.

The nature of the judgment and the mode and time of signing depend upon the nature of the indorsement upon the writ and other circumstances, which are as follows:

1. Where the writ is "specially indorsed" for debt or liquidated demand. Where the defendant fails to appear, before taking proceedings for default the plaintiff must file an affidavit of service, or of notice in lieu of service, as the case may be (Ord. 13, r. 2).

Where the defendant does not appear, the plaintiff may sign final judgment for any sum not exceeding that

JUDGMENT in Default of Appearance-continued.

indorsed on the writ, with interest at the rate specified (if any) to the date of judgment, and a sum for costs (Ord. 13, r. 3).

Where there are several defendants, and one or more of them appear to the writ and the other or others do not appear, plaintiff may enter final judgment against those not appearing, and may issue execution without prejudice to his right to proceed against those who have appeared (Ord. 13, r. 4).

Setting aside judgment. It shall be lawful for the Court or Judge to set aside or vary such judgment upon such terms as may seem just (Ord. 13, r. 3).

[And under Ord. 29, r. 14, any judgment by default

may be set aside by the Court or a Judge upon such terms as to costs or otherwise as such Court or a Judge may think fit.]

2. Where plaintiff's claim is for a debt or liquidated demand, the writ not being specially indorsed. In this case, should the defendant fail to appear, no statement of claim need be delivered, but the plaintiff may file

(a) An affidavit of service of the writ, or of notice in lieu of service, as the case may be, and

(b) A statement of the particulars of his claim; and he may, after eight days, sign final judgment for the amount shown in the statement, and costs to be taxed, provided that the amount be not more than the sum indorsed on writ besides costs (Ord. 13, r. 5).

3. Where plaintiff's claim is for detention of goods and pecuniary damages. No statement of claim need be delivered, but an affidavit of service must be filed, and plaintiff may sign interlocutory judg

JUDGMENT in Default of Appearance-continued.

ment, and a writ of inquiry shall issue to assess the value of the goods and damages.

[But the Court or a Judge may order that, instead of writ of inquiry, the value and amount of the damages shall be ascertained in any way in which any question arising in an action may be tried (Ord. 13, r. 6).]

4. Where writ specially indorsed for an account. Before taking steps in default, the plaintiff must file affidavit of service, or of notice in lieu of service, &c. (Ord. 13, r. 2).

In default of appearance, unless the defendant by affidavit or otherwise satisfy the Court or a Judge that there is some preliminary question to be tried, an order for the account claimed, with all directions now usual in the Court of Chancery in similar cases, shall be forthwith made (Ord. 15, r. 1).

[The application for such order as above mentioned is to be made by summons, supported by an affidavit on behalf of the plaintiff, stating concisely the grounds of his claim to an account. The application may be made at any time after the time for appearing has expired (Ord. 15, r. 2).]

5. In action for the recovery of land. If no appearance be entered, or if an appearance be entered, but the defence be limited to part only, the plaintiff shall be at liberty to enter judgment that the person whose title is asserted in the writ shall recover possession of the land (Ord. 13, r. 7).

[The plaintiff must file the affidavit of service, &c.

required by Ord. 13, r. 2.]