10.-(1) Applications to the County Courts under paragraph (b) may be made: (i.) in the case of an application for leave to levy any distress, to the court in the district of which the premises are situate; (ii.) in the case of an application to take resume, or enter into possession of any property, or to exercise any right of re-entry, or to foreclose or realise any security on any premises, to the court in the district of which the property or premises is or are situate; (iii.) in any other case, to any court which would have jurisdiction in the matter without leave granted under section 74 of the County Courts Act, 1888, if the creditor were a plaintiff and the debtor a defendant in an action brought to enforce the remedy which the creditor desires to enforce. (2) Provided as follows: (i) If in any case any other court would, if the creditor were a plaintiff and the debtor were a defendant in an action brought to enforce the remedy which the creditor desires to enforce, have jurisdiction in the matter if leave were granted under section 74 of the County Courts Act, 1888, to commence the action in such other court, the creditor may apply to such other court for leave to make his application therein, on filing an affidavit showing that the court would have such jurisdiction; (ii.) The provisions of Order V., Rule 13, of the County Court Rules shall, with the necessary modifications, apply to any application under this paragraph; and if leave is granted a copy of the affidavit, with a copy thereon of the order granting leave, shall be annexed to and served with the summons mentioned in the next following rule. [Substituted for E.P., 5 (1).] 11. Applications under paragraph (b) shall be made by means of a summons according to the form in the Appendix, entitled "In the Matter of the Courts (Emergency Powers) Act, 1914.” [E.P., 5 (2).] 12. A summons under paragraph (b) shall be served on every person affected thereby four clear days at least before the day fixed for the hearing of the summons, unless the judge or registrar gives leave for shorter service. Service shall be effected in accordance with the County Court Rules as to service of notice of an interlocutory application. [A.R., 4] 13 An application under paragraph (b) may be made to the registrar, subject to the provisions of Rule 16. [E P., 5 (3).] 14. Where rent is claimed under section one hundred and sixty of the County Courts Act, 1888, and the bailiff is required to distrain for the same, leave so to distrain shall not be required. [New.] Substituted Service. 15. The practice of the courts as to substituted services of notices and summonses shall apply to notices of applications and summonses under these Rules. [Substituted for EP., 3 (4).] Applications to Registrar. 16. Where under these Rules an application may be made to the registrar, the following provisions shall apply: (i) the registrar may in any case refer the matter to the judge; (ii) where the amount of the subject matter of the application exceeds five pounds, the registrar shall, on the application of either party, refer the matter to the judge; and (iii) the judge may vary or rescind any order made by the registrar, and may make such order as may be just. [E.P., 5 (3).] Evidence in Support of Application. 17. It shall not be necessary in the first instance for a creditor to support any application either under paragraph (a) or under paragraph (b) by any affidavit or other evidence, except such evidence, if any, as may be required to show the nature and extent of the relief required by him. But the court may in any case make such requirements or give such directions as to evidence on the part of either party or both parties as the case shall require. [E.P., 9.] Power to Hear Cases in Private. 18. The court may at any stage of the proceedings on an application under the Act order that the case shall thenceforward be heard in private. [E.P. 16.] Forms. 19.-(1) The forms in the Appendix hereto, with such modifications as may be necessary, shall be used for notices of applications to and summonses issued by the County Courts. Every such notice or summons shall have appended thereto a note in the form in the said Appendix. [E.P., 3 (1, 2), 4 (4); A.R., 5.] (2) The registrar of any court may apply to the Treasury for any of the said forms to be printed and supplied to him, and if the application is granted may obtain such forms and supply the same without charge for the use of parties requiring the same [New.] Preparation, Filing, &c., of Notices and Summonses. 20. A notice of an application, or a summons (other than a judgment summons or a garnishee summons), shall be prepared by the applicant and filed with the registrar, with as many copies as there are parties to be served: Provided that any notice or summons, with the necessary copies, may, if the registrar so thinks fit, be prepared in his office: And the registrar shall examine, complete, seal, and where necessary sign the same, and shall, where notice of an application under paragragh (a) is pursuant to Rule 1 or Rule 3 to be observed with the original or judgment summons, annex the copy of the notice to the copy summons for service, and shall in any other case return the copies of the notice or summons to the applicant for service. [A.R., 6.] Orders on Applications. 21. An order giving leave to proceed under paragraph (a) if made pursuant to Rule 1 at the time when the judgment or order is entered or made, shall be entered in the minute book and be included in the judgment or order. In any other case, where an order is made under either paragraph (a) or paragraph (b), the registrar shall make a note of the order on the notice of application or summons, but no order need be drawn up or served unless the order is made subject to conditions, or the courts so directs. If the order is made subject to conditions, or the court so directs, an order shall be prepared and sealed by the registrar and delivered to the bailiff, who shall within twenty-four hours send the same, by post or otherwise, to the party against whom the order is made; but it shall not be necessary for the party in whose favour it is made to prove, previously to taking proceedings thereon, that it was posted or reached the opposite party. [A.R., 7.] of Powers to impose Conditions. 22. The conditions on which under sub-section (2) of section 1 of the Act the court may stay execution or defer the operation any of the remedies therein referred to may, if the court thinks fit, include the giving of any undertaking or the deposit in court or otherwise of any securities, or the appointment of a receiver or the granting of an injunction. [E. P., 11.] Revocation or Variation of Orders. 23. Any order made under the Act or these Rules may, should subsequent circumstances render it just so to do, be suspended, discharged, or otherwise varied or altered on interlocutory application to the court which made the order. [E.P., 12.] Process issued, etc., pursuant to Order. 24. Where process is issued by or any proceeding taken in the court pursuant to any order made under either paragraph (a) or paragraph (b), it shall be stated on the face of the process or proceeding that it is issued or taken by leave of the court. [A.R., 8.] FEES. 25. The following fees shall be payable under Schedule B, 6d. in the £ or part of £ on the amount of the subject-matter of Provided that where leave to proceed is given at the time when the judgment or order is entered or made, no fee shall be payable under this rule in respect of any notice of application under Rule 3, paragraph 1. The fee on a notice of application or summons shall include drawing, sealing and issuing the order (if any), other than an order for the appointment of a receiver, and the fee prescribed by paragraph 12 of Schedule B, Part I., of the Fees Order, shall not be taken. The court may remit or excuse in whole or in part any fees paid or payable under his rule. [Substituted for E.P., 13.] Costs. 27.-(1) The costs of any application under the Act shall be in the absolute discretion of the court. (2) The court may either fix the amount of such costs, or allow them on the scale applicable to an interlocutory application in an action for the amount of the subject matter of the application ; provided that Column B of the scale shall apply to all cases above twenty pounds to the exclusion of Column C. (3) Where the amount of the subject-matter does not exceed ten pounds, there may be allowed for all work done by a solicitor in relation to the application If the amount exceeds £2, but does not exceed £5 3s. If the amount exceeds £5, but does not exceed £10 5s. (4) The court may direct that any costs allowed shall be payable forthwith, or that they shall be included in the sum recovered under the judgment or order, or added to the costs of the proceedings authorised to be taken for the enforcement of the judgment or order, or, in the case of an application under paragraph (b), to the costs of any proceedings (other than proceedings by way of distress) authorised to be taken. [Substituted for E.P., 16.] The 20th day of November, 1914. by means of an order committing you the defendant to prison for your default in payment of the sum of £ payable in pursuance of the said judgment [or order], and for an order providing for the costs of the application. Dated this day of NOTE. The effect of the above-mentioned Act is to prevent execution on or the enforcement of the judgment [or order] in question, if the court is of opinion that you the defendant are unable immediately to make the payment thereby directed by reason of circumstances attributable directly or indirectly to the present war. If this is the case, or if you have any other cause to show why an order committing you to prison should not be made, you should attend the court at the time and place mentioned in the judgment summons and show cause accordingly. NOTICE TO BE SERVED ON DEBTOR WITH COPY OF GARNISHEE SUMMONS. The Courts (Emergency Powers) Act 1914. No. of plaint. plaintiff defendant. Take notice, that on the entry of any judgment or the making of any order in this action [or matter] for the payment or recovery of a sum of money by or from you the defendant I [or we] intend without any further notice to apply to the court under the Courts (Emergency Powers) Act 1914 for leave to proceed to execution on or otherwise to the enforcement of such judgment or order, and for an order providing for the costs of the application. [Or, where a default summons has been issued, and a notice in the above form has not been served therewith, and notice of intention to defend has not been given, or leave to defend has not been obtained, on Take Notice that I [or we] intend to apply to the Court at the office of the Registrar situate at the day of at the hour of noon, to have judgment entered up in this action. in the And further take Notice, that I [or we] intend at the time and place above-mentioned to apply without any further notice to the Court under the Courts (Emergency Powers) Act 1914 for leave to proceed to execution on or otherwise to the enforcement of such judgment, and for an order providing for the costs of the application. Dated this day of NOTE. The effect of the above-mentioned Act is to prevent execution on or the enforcement of any judgment or order which may be entered or made against you the Defendant in this action [or matter], if the Court is of opinion that you are unable immediately to make the payment thereby directed by reason of circumstances attributable directly or indirectly to the present war. It is for you to attend in person or by your solicitor at the hearing of this action [or matter] [or at the time and place above mentioned] and show this to the court if it is the case. A.B. C.D. M.N. : No, of plaint. plaintiff defendant garnishee. Take Notice, that the garnishee summons, a copy of which is hereto annexed, was issued on the served on the day of And that I [or we] intend to apply under the Courts (Emergency Powers) Act, 1914, to the court on in the the day of at the hour of noon, on the hearing of the said summons for an order that I [or we] may be at liberty to proceed to the enforcement of the judgment [or order] given [or made] against you the defendant on the day of in the above-mentioned action, by means of an order the garnishee named in the said summons, to pay to me [or us] the debt alleged to be due from the garnishee to you, or so much thereof as may be sufficient to satisfy the sum due to me [or us] from you under the said judgment [or order], with the costs of the garnishee's proceedings, and of the application and this notice. on M.N., And further take Notice that, if you have any cause to show why the court should not make an order according to my [or our] intended application, you must appear at this court on the day and at the time above mentioned and show such cause accordingly. To the registrar of the court, and To the defendant (naming him). Plaintiff [or Plaintiff's Solicitor.] NOTE.-The effect of the above-mentioned Act is to prevent execution on or the enforcement of the judgment [or order] in question, if the court is of opinion that you the defendant are unable immediately to make the payment thereby directed by reason of circumstances attributable directly or indirectly to the present war. It is for you to attend in person or by your or; nt. of J. S Endart ons to Further A. B. of the endact C. D. defendant. Take notice, that I [or we] intend to apply under the Courts levy a distress for rent amounting to due from you to him on premises situate at and known as ; or ; or (b) that the said may be at liberty to take, resume or enter into possession of certain chattels held by you under a hire-purchase agreement made between the said and by the said (c) that the said may be at liberty to resume or enter into possession of certain property situate at (d) that the said may be at liberty to exercise his right of re-entry on certain property situate at and held by you under him; or (e) that the said may be at liberty to foreclose on or to realize a security for the sum of £ given by you to the said [or, if the application is for the enforcement of the judgment or To the Registrar of the cou t, and To the defendant (naming him) NOTE.-The effect of the above-mentioned Act is to prevent execution on or the enforcement of the judgment [or order] in question if the court is of opinion that you the defendant are unable immediately to make the payment thereby directed by reason of circumstances attributable directly or indirectly to the present war. It is for you to attend in person or by your solicitor at the time and place above mentioned and show this to the court if it is the case. Take Notice, that you are hereby summoned to attend this court [or if the application is intended to be made to the Registrar, at the office of the Registrar of this court situate at the hour of noon, on the hearing of an application on the part of of that, notwithstanding the provisions of section 1, sub-section 1 (b), of the above-mentioned Act, the applicant may be at liberty to exercise the following remedy for the purpose of enforcing the payment or recovery of a sum of money due from you to the said [or in default of the pay ment or recovery of a sum of money due from you to the said ] that is to say: [here state the remedy which the applicant desires to enforce, according to examples in Schedule] and for an order providing for the costs of the application. Dated this NOTE.-The Courts (Emergency Powers) Act, 1914, provides that during its operation certain remedies for the payment or recovery of money, or in default of the payment or recovery of money (including the remedy above mentioned), shall not be enforced except upon application to the court, and that if on any such application the court is of opinion that time should be given to the person liable to make the payment on the ground that he is unable immediately to make the payment by reason of circumstances attributable directly or indirectly to the present war the court may, in its absolute discretion, after considering all the circumstances of the case and the position of all the parties, by order defer the operation of any such remedies for such time and subject to such conditions as the court thinks fit. If you desire to take advantage of the Act you should attend in person or by your solicitor at the time and place above ; or may be at liberty to forfeit a deposit of made under a contract made between him and you (state nature of contract) ; or (g) that the said may be at liberty to enforce the lapse of a certain policy of insurance for the sum of £ granted to you by the said [or as the case may be]. To surrender at the High Court of Justice, in Bankruptcy. ALCOCK, WINIFRED DOROTHY, and COCKS, ELLEN MARY (late trading as the Misses Alcock and Cocks), late Upper-ter, Hampstead, spinsters. Nov. 17. ARMSTRONG, AGATHA HENRIETTA SYBILLA, Clifton-grdns, managing director of a limited company. Nov. 16. BAKER, W. T., Downham-rd, Kingsland, confectioner. Nov. 17. Nov. 16. Cox, GLEN ELMSLIE, Acacia-rd, St. John's Wood, commercial clerk. Νον. 17. To surrender at their respective District Courts. COLGATE, THOMAS, late Crayford, grocer. Ct. Rochester. Nov. 17. DE MOYLAND, HENRI STEENGRACHT, Loudwater, a baron of the German EVANS, GEORGE SPENCER, Irlams o' th' Height, dairyman. Ct. Salford. FROST, HARRY STANLEY, Camborne, late tobacconist. Ct. Truro. Nov. 17, GREEN. WILLIAM, Hugglescote, late boot dealer. Ct. Burton-on-Trent. Nov. 16. HARDMAN, ABRAHAM. Glyn-neath, draper. Ct. Neath and Aberavon. LLEWELLYN, EDWARD, Gelli Pentre, grocer. Ct. Pontypridd, Ystradyfodwg, and Porth. Nov. 17. LLOYD, WILLIAM, Manchester, tailor. Ct. Manchester. Nov. 17. MACKRILL, EDWARD, Kingston-upon-Hull, jeweller. Ct. Kingston-uponHull. Nov. 18. MATTHEWS, F. M. (trading as Matthews Stores), Barking, butcher, spinster. Ct. Chelmsford. Nov. 18. PALMER, FRANCISCO CHARLES, Southery, cycle agent. Ct. King's Lynn. Nov. 17. Ct. PHILLIPS, CHARLEY, Southampton, butcher. Ct, Southampton. Nov. 16. SPREAG, WILLIAM JOHN, Cheltenham, pork butcher's salesman. Cheltenham. Nov, 18. GAZETTE, Nov. 24. To surrender at the High Court of Justice, in Bankruptcy. HERBERT S. STONEHAM AND Co., London-wall, late stockbrokers. Nov. 12. ZADIG, ARTHUR, Queen Victoria-st. Nov. 14. To surrender at their respective District Courts. BRANSON, VICTOR, and BRANSON, HUGH BERNARD (trading as Branson ELLIOTT, JOHN L, late East Grinstead, a convict. Ct. PortsCt. Maidstone. FORD, ERNEST, and OAKES, JOHN, Kidsgrove, stonemasons. Ct. Hanley. Nov. 21. JORDAN, ELIZABETH FRANCES, Hastings, fancy draper. Ct. Hastings. Nov. 21. PARKINSON, WILLIAM (trading as J. H. Cope), Wakefield, confectioner. Ct. Wakefield. Nov. 20. PEIRSON, CHARLES JAMES, Petersfield, late tobacco dealer. mouth. Nov. 17. Ct. Ports PURCHASE, BERTRAM (trading as Purchase Brothers), Smethwick, grocer. Ct. West Bromwich. Nov. 20. SAHLER, HERMANN CARL, Isleworth, baker. Ct. Brentford. Oct. 13. VAUGHAN, ARTHUR THOMAS, Dinas, general blacksmith. Ct. Pontypridd, Ystradyfodwg, and Porth. Nov. 21. WOOD WILLIAM HENRY, Birmingham, electrical engineer. Ct. Birmingham. Nov. 20. ADJUDICATIONS. GAZETTE, Nov. 20. ADAMS, GEORGE WILLIAM, Colwyn Bay, clothier. Ct. Bangor. Nov. 17. ANGELL, JOHN, Charles-st. Ct. High Court. Nov. 17. Ct. Kingston upon-Hull. Nov. 16. BAILEY, ALFRED, Westhorpe, baker. Ct. Bury St. Edmunds. Nov. 17. BARDER, SAMUEL, late Southport, furrier. Ct. High Court. Nov. 16. BARNETT, FRANK, and BARNETT, THOMAS FREDERICK (trading as Barnett Brothers), Nantwich, plumbers. Ct. Nantwich and Crewe. Nov. 16. BEVAN, THOMAS GRIFFITH, Swansea, labourer. Ct. Swansea. Nov. 18. BINNS, THOMAS, late Knutsford, coal merchant. Ct. Manchester. Nov. 16. COGGAN, JAMES, and COGGAN, EDWARD (trading as J. Coggan and Son), Ealand, grocers. Ct. Sheffield. Nov. 18. COLGATE, THOMAS, late Crayford, grocer. Ct. Rochester. Nov. 17. Cox, GLEN ELMSLIE, Acacia-rd, St. John's Wood, commercial clerk. D'OMBRAIN, EDITH ZOE MAUDE, St. Albans, schoolmistress, spinster. Ct. St. Albans. Nov. 17. GEE, ARTHUR WILLIAM, Wolseley Bridge, engine driver. Ct. Stafford. Nov. 17. GREEN, WILLIAM, Hugglescote, late boot dealer. Ct. Burton-on-Trent. Nov. 16. HARRISON, JOHN, Settle, late cattle dealer. Ct. Bradford. Nov. 18. JONES, CHARLES, and PARKER, JOHN EDWARD (trading and described in the receiving order as the King Cross Motor Company), Halifax, motor dealers. Ct. Halifax. Nov. 17. JONES, JOHN, late Holt, tailor. Ct. Wrexham and Llangollen, Nov. 17. JONES, MORRIS, Lledr Valley, farmer. Ct. Portmadoc and Festiniog. Nov. 16. KETTERINGHAM, CHARLES, Norwich, horse dealer. Ct. Norwich. Nov. 17. LLEWELLYN, EDWARD, Gelli Pentre, grocer. Ct. Pontypridd. Ystrady fodwg, and Porth. Nov. 17. LLOYD, WILLIAM, Manchester, tailor. Ct. Manchester. Nov. 17. PHILLIPS, CHARLEY, Southampton, butcher. Ct. Southampton, Nov. 16. ROUARD, EUGENE, late Soho, restaurant manager. Ct. Wandsworth. Nov. 16. SILKE, VICTOR AUGUSTUS, Combwich, grocer. Ct. Bridgwater. Nov. 17. WOOD, HORACE, Aldermanbury-bldgs, umbrella manufacturer. Ct. High X To Readers and Correspondents. 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Advertisements must reach the office not later than five o'clock on Thurs day afternoon, and must be accompanied by a remittance Post-Office Orders payal le to the FIELD & QJEEN (HORACE COX) LTD Vol. 133.-No. 374). HOUSE OF LORDS. ASSESSMENT COMMITTEE OF MARYLEBONE 2'. CONSOLIDATED LONDON PROPERTIES LIMITED.-Metropolis -Valuation list-Rateable value... 553 COMMENTS ON CASES AND SUPREME COURT OF JUDICATURE. HIGH COURT OF JUSTICE. KING'S BENCH DIVISION. HARRIS v. TAYLOR.-Foreign judg meut-Enforcement of Manx judgment in Engli h Court ........ LONDON COUNTY COUNCIL (apps.) v. LEE (resp.). Locomotive Licence HOPE (app.) v. DEVANEY (resp.).Public health-Child in foul and filthy condition LEE (app.) v. WALLOCKS (resp.).Markets-Sale in street-Hawker's licence-Licence of corporation REX . LICENSING JUSTICES AND COMPENSATION AUTHORITY FOR THE CITY OF CHESTER; Ex parte BENNION.-Licensing 104 1.5 THE CONVEYANCER..... 111 'OUNTY COURTS. Sittings of the Courts- Recent Decision: Risdale (app.) v. Owners of Kilmarnock (resps.). 113 CRIMINAL LAW AND THE JURISDIOTION OF MAGISTRATES. Borough Quarter Sessions -- 114 LEGISLATION.-Topics ........ 115 BANKRUPTCY LAW AND PRACTICE. 564 Topics..... 116 OCCASIONAL NOTES 116 PARLIAMENTARY PRACTICE AND 569 CONSTITUTIONAL LAW.-Topics...... 117 IRISH NOTES............................. 118 INTERNATIONAL, FOREIGN, AND 571 575 COLONIAL LAW. - Neutrals Supplies for Belligerents-Prize Court: The Schlesien...... GENERAL INTELLIGENCE.-Insurance 573 Notes-Defence of the RealmAppointments under the Joint Stock Winding-up Acts- Creditors under Estates in Chancery-Credi tors under 22 & 23 Vict. c 35........ 121 LAW STUDENTS' JOURNAL.-Students' Societies.... and 119 128 579 BEX. CLERK OF THE PEACE FOR MISSION COURT. LAW SOCIETIES.-The Law Society- COURT PAPERS Supreme Court of THE GAZETTES......... 586 BIRTHS, MARRIAGES, AND DEATHS The Law and the Lawyers Emergency Legislation. 128 129 129 130 A SUFFICIENT period has now elapsed to enable the effect of the Postponement of Payments Act and the Courts (Emergency Powers) Act to be properly appreciated. It was only right and proper that legislation should have been passed to enable persons, temporarily embarrassed owing to the outbreak of war, to meet their obligations by extending their time for payment, and this was effected by the first of the abovementioned statutes and the proclamations thereunder. As was only inevitable, it provided another bulwark of defence for those persons who never pay unless compelled by process of law. but a more effective weapon for that class has been furnished by the Courts (Emergency Powers) Act. That statute, instead of allowing a defendant to seek the protection of the court when unable to meet his obligations owing to the war, has compelled plaintiffs, as a condition precedent for proceeding with their just claims, to make a preliminary application to the court, thus enabling dishonest debtors to take further steps to protect themselves in case the necessary leave to proceed is forthcoming. In fact, the whole method upon which the procedure has to be worked is wrong, and has placed a large amount of extra work upon the officials to whom the applications have to be made. One would have thought that those responsible for its drafting would have foreseen this result, as plenty of time for consideration was afforded by the period of the moratorium. Defence of the Realm. WE publish this week in another column the proclamation under the Defence of the Realm Consolidation |