JOINDER of Issue by Plaintiff.

1. Issue upon the defence may be joined by the plaintiff in his reply; and

2. Each party in his pleading, if any, subsequent to reply, may join issue upon the previous pleading (Ord. 19, r. 21).

Such joinder of issue is to be subject to Ord. 19, r. 20; and is to operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit, and shall then operate as a denial of the facts not so admitted (Ord. 19, r. 21).

As soon as either party has joined issue upon any pleading of the other party, without adding any further or other pleading thereto, the pleadings as between such parties shall be deemed to be closed (Ord. 25).

[Joinder of issue is usually necessary after reply where the statement of defence also contains a counter-claim; for this being to all intents and purposes a statement of claim in a cross action, the plaintiff's reply is equivalent to a statement of defence thereto, and the subsequent joinder of issue by the defendant to his reply.]

JOINDER of Issue by Defendant.

Each party in his pleading (if any), subsequent to reply, may join issue upon the previous pleading (Ord. 19, r. 21).

[And see also Ord. 25, supra.]

PLAINTIFF'S Application to change Place of Trial.

There is to be no local venue for the trial of any action, but when plaintiff proposes to try elsewhere than in Middlesex, he shall, in his statement of claim, name

PLAINTIFF'S Application to change Place of Trial—continued.

the county or place in which he proposes to try, and the action shall, unless a Judge otherwise orders, be tried in the county or place so named (Ord. 36, r. 1).

Any order of a Judge as to such place of trial may be

(a) Discharged; or

(b) Varied;

by a Divisional Court of the High Court (Ord. 36, r. 1).

DEFENDANT'S Application to change Place of Trial.

[See "Plaintiff's application" for the same purpose.] [The venue in all actions will be transitory in future. (See Mostyn v. Fabrigas, Smith's L. C. 623, on the subject of Venue.) The application to change the place of trial is by summons to a master, and either party can take it out. It should be supported by a strong affidavit, showing the greater convenience of trying in the new place suggested.]

[An application may always be made to change the place of trial: if made by the plaintiff, it will usually be allowed on his paying the costs of the application; but the application is more usually made by the defendant, and he must show that it would be more convenient and a saving of expense, or that, by reason of local prejudice or otherwise, he cannot obtain a fair trial in the place originally proposed.]

NOTICE of Trial (by Plaintiff).

Subject to the provisions of the subsequent rules, the plaintiff may

(a) With his reply, or

(b) At any time after the close of the pleadings,

NOTICE of Trial (by Plaintiff)—continued.

give notice of trial, and thereby specify one of the modes mentioned in Ord. 36, r. 2 (Ord. 36, r. 3).

[The modes of trial specified in Ord. 36, r. 2, are as follows:

1. Before a Judge or Judges.

2. Before a Judge sitting with assessors.

3. Before a Judge and jury.

4. Before an official referee with assessors.
5. Before an official referee without assessors.
6. Before a special referee with assessors.
7. Before a special referee without assessors
(Ord. 36, r. 2).]

Subject to the provisions of the following rules, if the plaintiff does not

(a) Within six weeks after the close of the pleadings, or

(b) Within such extended time as a Court or Judge allows,

give notice of trial, the defendant may, before notice of trial given by the plaintiff, give notice of trial, and thereby specify one of the modes mentioned in Ord. 36, r. 2; and in such case the plaintiff, on giving notice within four days that he desires a trial before a Judge and jury, may have the issues of fact so tried (Ord. 36, r. 4).

Where the plaintiff has not given notice

(a) Under the preceding rule that he desires to have the issues of fact tried before a Judge

and jury, or

(b) In any case within the 57th section of the

act,

if he desires to have the action tried in any other way than that specified in the notice of trial, he shall apply to the Court or a Judge for an order to that effect—

A.C.L.

(1.) Within four days from the service of the

notice, or

E

NOTICE of Trial (by Plaintiff)—continued.

(2.) Within such extended time as a Court or
Judge may allow (Ord. 36, r. 5);

subject to the preceding rules, the Court or a Judge may,
in any action at any time or from time to time, order—
(a) That different questions of fact be tried by
different modes of trial, or

(b) That one or more questions of fact be tried
before the others,

and may (1) appoint the place or places for such trial or trials,

.

and (2) may in all cases order one or more issues of fact to be tried before the others (Ord. 36, r. 6).

Every trial of any question or issue of fact by a jury shall be before a single Judge, unless such trial be specially ordered to be held before two or more Judges (Ord. 36, r. 7).

Notice of trial shall state

(1.) Whether it is for trial (a) of the action, or (b) of issues therein, and

(2.) [In actions in the Queen's Bench, Common Pleas, and Exchequer Divisions,] the place and day for which it is to be entered for trial (Ord. 36, r. 8).

Ten days' notice of trial shall be given, unless the party to whom it is given has consented to take short notice, which is four days; and ten days' notice shall be sufficient in all cases, unless otherwise ordered by the Court or a Judge (Ord. 36, r. 9).

And notice is to be given before entering the action for trial (Ord. 36, r. 10).

Unless within six days after notice the cause is entered for trial, the notice is to be no longer in force. This rule not to apply where notice already given, nor to trials not in London or Middlesex (Ord. 36, r. 10a).

NOTICE of Trial (by Plaintiff)-continued.

Notice of trial is not to operate for any particular sittings, but shall be deemed to be for any day after the expiration of the notice on which the action may come on for trial in its order upon the list (Ord. 36, r. 11).

Notice of trial elsewhere than in London or Middlesex shall be deemed to be for the first day of the then next assizes at the place for which notice of trial is given (Ord. 36, r. 12).

Countermand. No notice of trial shall be countermanded, except

(a) By consent, or

(b) By leave of the Court or a Judge, which leave may be given subject to such terms as to costs or otherwise as may be just (Ord. 36, r. 13).

NOTICE of Trial (by Defendant).

Subject to the provisions of the subsequent rules of Ord. 36, if the plaintiff does not

(a) Within six weeks after the close of the pleadings; or

(b) Within such extended time as a Court or Judge may allow,

give notice of trial, the defendant may (before notice given by plaintiff) give notice of trial, and thereby specify one of the modes mentioned in Ord. 36, r. 2 (Ord. 36, r. 4).

Instead of giving notice of trial, the defendant may apply to the Court or Judge to dismiss the action for want of prosecution; and on the hearing of such application the Court or a Judge may (a) order the action to be dismissed accordingly, or (b) make such order and on such terms as may seem just (Ord. 36, r. 4a).

[And see Ord. 36, rr. 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 (supra)].