R. 1-3. Entry. O.XXX. far as the same affect the interest of such married R. 3, 4. O. XXXI. woman, infant, or person of unsound mind, are true. 4. Either party may enter a special case for argument by delivering to the proper officer a memorandum of entry, in the Form No. 13 in Schedule (B) hereto, and also if any married woman, infant, or person of unsound mind be a party to the action, producing a copy of the order giving leave to enter the same for argument. Area of district registries. What proceedings to be taken in district registries. What entries to be made and how. Proceedings in District Registries. 1. For the purpose of these rules the district of every district registry in the county of Lancaster shall mean the district thereto assigned by any order of Her Majesty in Council, and the district of every district registry elsewhere than in the county of Lancaster, shall mean a circle with a radius of three miles, as the crow flies, from the registry. 2. Where an action proceeds in the district registry all proceedings, except where by these rules it is otherwise provided, or the Court or a Judge shall otherwise order, shall be taken in the district registry, down to and including the entry for trial of the action or issues therein; or if the plaintiff is entitled to enter final judgment or to obtain an order for an account by reason of the default of the defendant, then down to and including such judgment or order; and such judgment or order as last aforesaid shall be entered in the district registry in the proper book, in the same manner as a like judgment or order in an action proceeding in London would be entered in London. 3. Where an action proceeds in the district in London registry the judgment and all such orders therein as require to be entered, except such judgment or orders for account as mentioned in the last preceding rule, and except orders made by the district registrar under the authority and jurisdiction vested in him under these rules, shall be entered in London, and an office copy of every judgment and order so entered shall be transmitted to the district registry to be filed with the proceedings in the action. O. XXXI. When writs of execution district 4. Where an action proceeds in the district registry all writs of execution for enforcing any judg- to issue from ment or order therein shall issue from the district registry. registry, unless the Court or a judge shall otherwise direct. registrar. 5. Where an action proceeds in a district registry Authority of the district registrar may exercise all such authority and jurisdiction in respect of the action as may be exercised by a judge at chambers, except such as by these Rules a Master of the Queen's Bench, Common Pleas, or Exchequer Divisions is precluded from exercising. to registrars. 6. Every application to a district registrar shall Applications be made in the same manner in which applications at chambers are directed to be made by these Rules. registrar to a 7. If any matter appears to the district registrar Reference by for the decision of a Judge, the registrar may judge. proper refer the same to a Judge, and the judge may either dispose of the matter or refer the same back to the registrar with such directions as he may think fit. registrar and 8. Any person affected by any order or decision Appeal from of a district registrar may appeal to a Judge. Such how. appeal shall be by summons within four days after the decision complained of, or such further time as may be allowed by a Judge or the registrar. 9. An appeal from a district registrar shall be no No stay of proceedings. stay of proceedings unless so ordered by a Judge or the registrar. control of 10. Every district registrar and other officer of a Registrar district registry shall be subject to the orders and subject to directions of the Court or a Judge as fully as any judge. other officer of the Court, and every proceeding in a district registry shall be subject to the control of the Court or a Judge, as fully as a like proceeding in London. O. XXXI. R. 11-13. Appeals in chancery division. When de fendant may remove 11. Every reference to a Judge by or appeal to a Judge from a district registrar in any action in the Chancery Division shall be to the Judge to whom the action is assigned. 12. In any action which would, under the foregoing rules, proceed in the district registry, any defendant may remove the action from the district. registry as of registry as of right in the cases, and within the times, following: action from district right. How defend ant may remove action. Where the writ is specially indorsed under sect.. 7 of the schedule, and the plaintiff does not. within four days after the appearance of such defendant give notice of an application for an order against him under Order XIII.; then such defendant may remove the action as of right at any time after the expiration of such four days, and before delivering a defence, and before the expiration of the time for doing so : Where the writ is specially indorsed and the plaintiff has made such application as in the last paragraph mentioned, and the defendant has obtained leave to defend in manner provided by Order XIII.; then such defendant may remove the action as of right at any time after the order giving him leave to defend, and before delivering a defence and before the expiration of the time for doing so : Where the writ is not specially indorsed any defendant may remove the action as of right at any time after appearance, and before delivering a defence, and before the expiration of the time for doing so. may 13. Any defendant desirous to remove an action as of right under the last preceding rule do so by serving upon the other parties to the action, and delivering to the district registrar, a notice, signed by himself or his solicitor, to the effect that he desires the action to be removed to London, and the action shall be removed accordingly: Provided, that if the Court or a Judge shall be satisfied that the defendant giving such notice is a merely formal R. 13-15. defendant, or has no substantial cause to interfere O. XXXI. in the conduct of the action, such Court or Judge O.XXXII. may order that the action may proceed in the district registry notwithstanding such notice. R 1-3. to remove in 14. In any case not provided for by the last two Application preceding rules, any party to an action proceeding other cases. in a district registry may apply to the Court or a Judge, or to the district registrar, for an order to remove the action from the district registry to London, and such Court, Judge, or registrar, may make an order accordingly, if satisfied that there is sufficient reason for doing so, upon such terms if any, as shall seem just. mission of in removed cases. 15. Whenever any proceedings are removed Transfrom the district registry to London the district documents registrar shall transmit to the proper officer of the High Court of Justice all original documents (if any) filed in the district registry, and a copy of all entries in the books of the district registry of the proceedings in the action. ORDER XXXII. Trial. 1. Subject to the provisions of the following rules, the plaintiff may, with his reply, or at any time after the close of the pleadings, give notice of trial of the action, and thereby specify one of the modes mentioned in Rule 30 of the schedule to the Act. How and of when notice trial may be given. plaintiff to 2. If the plaintiff does not within six weeks Default by after the close of the pleadings, or within such ex- give notice. tended time as a Court or Judge may allow, 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 Rule 30 of the schedule to this Act. for mode of trial not 3. If the plaintiff or defendant desires to have Application the action tried in any other mode than that specified in the notice of trial, he shall apply to the Court, or a Judge, for an order to that effect, mentioned in notice. R. 3-11 O. XXXII. within four days from the time of the service of the notice of trial, or within such extended time as a Court or Judge may allow. Contents of notice of trial. Form. Length of notice. 4. Notice of trial shall state whether it is for the trial of the action or of issues therein; and in actions in the Queen's Bench, Common Pleas, and Exchequer Divisions, the place and day for which it is entered for trial. It may be in the Form No. 14 in Schedule (B), with such variations as circumstances may require. 5. Ten days' notice of trial shall be given, unless the party to whom it is given has consented to take short notice of trial; and shall be sufficient in all cases, unless otherwise ordered by the Court, or a Judge. Short notice of trial shall be four days' notice. 6. Notice of trial shall be given before entering before entry. the action for trial. Notice notice in Middlesex. Operation of 7. Notice of trial for London or Middlesex shall London and not be or operate as 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. Elsewhere. How notice to be countermanded. Default to enter cause 8. 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. 9. No notice of trial shall be countermanded, except by consent, or 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. 10. If the party giving notice of trial for London after notice. or Middlesex omits to enter the cause for trial on the day or day after giving notice of trial, the party to whom notice has been given may, unless the notice has been countermanded under the last rule, within four days enter the cause for trial. Entry for trial 11. If notice of trial is given for elsewhere than in London or Middlesex, either party may enter the action for trial. If both parties enter the action for trial, it shall be tried in the order of the plaintiff's entry. |