CHAPTER XII.

TRIAL AND JUDGMENT.

SECTION I.-TRIAL.

1. Judgment at Trial by Judge without a Jury.

[Date and Title.] THIS action coming on for trial [the day of, and] this day, before this Court, in the presence of counsel for the Plt and for the Defts if any persons not named in the title appear, name them, or, if some of the Defts do not appear, for the Plt and the Deft B., no one appearing for the Defts C. and D., although they were duly served with notice of trial as by the affidavit (if filed before date of judgment, of &c., filed the day of, if filed after date of judgment, as by affidavit appears, this being supplemented by the Registrar's note in the margin of the judgment stating the name of the Deft and date of filing)], And upon reading the writ of summons issued and the pleadings delivered in this action (enter other evidence, v. inf. pp. 142 et seq.), and upon hearing (for forms of entering vivâ voce evidence, see Forms 21 and 22, post) what was alleged by counsel on both sides [or for &c.]: This Court doth declare &c., And this Court doth order and adjudge &c.

See also, R. S. C., App. F., Form 6. For forms of entering evidence, and for schedule of witnesses and exhibits when they are numerous, v. inf. pp. 144, 145 et seq.

2. If standing for Judgment.

THIS Court did order that this action should stand for judgment, and this action standing for judgment this day in the paper, in the presence of counsel for the Plt and the Defts: This Court doth &c.

For forms of orders as to trials of issues or questions of fact, or of fact and law before a Judge with or without jury or assessors, v. inf. Chap. XXII., "ISSUES"; or by a referee, Chap. XXVI., “REFERENCES.

MODES OF STATING UNDERTAKINGS, &C., AND OF READING
EVIDENCE IN JUDGMENT.

3. Waiver and Undertaking.

THE Deft B. having by his counsel waived and relinquished [or by his counsel waiving &c.] his right, if any, to charge or be allowed

compound interest under or by virtue of the several instruments in the pleadings mentioned, or any or either of them, and having also undertaken [or, and also undertaking] not to take any proceedings against the Defts C. &c., or either of them, under or in respect of such instruments, or any or either of them, without the leave of this Court, Let &c. see Moss v. Bainbrigge, 6 D. M. & G. 335, 344; L. JJ., 17 Feb. 1855, B. 485.

4. Submission and Waiver.

THE Plts by their counsel submitting to account as this Court may direct, and the Deft by his counsel waiving all claim to compensation for delay alleged to have been occasioned by the Plts in the execution. of the works in &c., done, or to be done, Let &c.-E. L. Ry. v. Hattersley, V.-C. W., 6 July, 1849, A. 1923; 8 Ha. 95.

5. Acts of Parliament.

An Act of Parliament passed in the

year of the reign of her late Majesty Queen Victoria, intituled, "An Act" &c., or of his present Majesty King Edward VII.

6. Wills, Probate, Letters of Administration.

The will of A., dated &c. [Thirty years from the date of the death of the testator.]

The probate of the will of A., granted on the day of to B.
Letters of admon to the estate of A., granted on the

19-.

day of -,

Letters of admon to the estate of A., with his will annexed, granted on the day of to B.

A certified official extract of the will of A., proved by B. on the day of -.

The confirmation of the nomination of B. and C., as exors of the will of A., granted by the Commissary Court of Aberdeenshire, on day of, 19—, and re-sealed by the Probate Division on day of, 19.

the

the

Testament dative of A. granted by the Commissary Court of B. on day of, 19, to C., and re-sealed &c.

the

7. Opinion of Scotch Court on Case.

A certified copy of the opinion, pronounced at Edinburgh, on the -day of, by the Lords of the (First Division of the) Court of Session in Scotland, on the case and questions set forth in the Schedule to the order dated &c.-Trappes v. Meredith, L. C., 24 Dec. 1871,

B. 3301.

8. Extract from the Land Registry.

An official extract from the record of title to lands on the register of the office of Land Registry, of estates with an indefeasible title No. 327.-Re Winter, M. R., 25 Jan. 1873, B. 158; 15 Eq. 15€.

9. Institution of Clerk.

An official extract from the registry of the diocese of L., of the admission and institution of C. (Clerk), M.A., to the rectory of H., in the county of G., diocese of L.-Re Rector of Hallingbury, V.-C. W., 30 June, 1871.

10. Receipt for Legacy Duty on Residue.

The residuary account of the estate of A., deceased, Reg. A. 1872, folio 59, and the official receipt for legacy duty indorsed thereon, dated &c.

11. Receipt for Duty on Legacy.

The official receipt, dated &c., Reg. A. 1872, folio 52, for legacy duty payable in respect of the legacy of &c., under the will of &c.

12. Receipt for Succession Duty.

The official receipt, dated &c., Reg. A. 1872, folio 52, for duty, payable in respect of the succession of &c., arising on the death of &c., under the will of &c.

13. An Indenture.

The indenture in the pleadings mentioned, dated &c., and made between &c. [and if not thirty years old, an affidavit of A., filed &c. proving the execution thereof by &c.].

14. A Deed Poll.

The deed poll in the pleadings mentioned, dated &c., under the hand and seal of &c. [and if not thirty years old, an affidavit of &c.].

15. Power or Letter of Attorney.

A deed poll [or power of attorney] under the hand and seal of A., and an affidavit of &c., proving the execution thereof [or if so, verifying the signature of the said A. to the said power of attorney].

16. Pleadings.

The statement of claim.

The statement of defence of the Deft B.

The reply of the Plts.

But the usual mode is to enter them as

the pleadings" simply.

Where the order is made upon admissions of fact in pleadings under O. XXXII, 6, the pleadings are entered as read.

17. Affidavit in Answer.

The affidavit of the Deft B. filed &c. in answer to the interrogatories delivered by &c.

18. Depositions.

The depositions of C. filed &c., and the exhibits therein referred to, the exhibit marked X. being &c. [or the proofs taken in this action].

19. Evidence rejected.

The deposition of C., except paragraph No.-, the said paragraph of the deposition of the said witness and the exhibit marked X. therein referred to, having been tendered as evidence on behalf of the Defts, and rejected by this Court.-See Moseley v. Baker, V.-C. W., 19 Feb. 1848, B. 1163.

20. Affidavits in Schedule where Parts rejected.

The several affidavits of the deponents named in the schedule hereto, and the exhibits therein referred to, except such portions of the affidavits in the first part of the said schedule as are specified in the fourth column of the said part of the said schedule, such portion having been tendered as evidence on the part of the Plts and rejected by the Court: Commrs. of Sewers v. Glasse, M. R., 24 Nov. 1874, B. 552.

Page of Affidavit.

7

Robert Allen... 21st May, 1876. Par. 10. To the E. F. G.

word "but" in
line 27, page 7.

21. Evidence taken vivâ voce.

The evidence of A. on his examination [or cross-examination] taken orally before this Court on the day of &c., and upon production to the said A. upon such examination [or cross-examination] of the exhibits marked X., Y., Z. &c., the said exhibit X. being an indenture dated &c., and made between &c., and the said exhibit Y. being a letter dated &c., written by B. to C.

22. The like-with Schedule.

The evidence of the several persons named in the schedule hereto, on their examinations taken orally before this Court [upon the several days set opposite their names in the second column of the said schedule] and upon production to [if so, add, some of] such persons of the exhibits set opposite to their names in the third column of the said schedule.

The words in the first square brackets in Form 22 are now usually omitted.

23. Notice and Admissions of Documents-0. XXXII, 2.

A notice, dated &c., to admit certain documents as evidence, and the admissions thereof signed by &c., and the several documents therein referred to. See Moss v. Gregory, M. R., 9 March, 1860, B. 413.

24. Notice and Admission of Facts-0. XXXII, 4.

A notice, dated &c., to admit certain facts and the admissions thereof signed by &c.

24a. Findings of the Court as to Facts.

And the Plt [or Deft] having by her counsel proved to the satisfaction of the Court the following facts, that is to say: [or the facts in the Schedule hereto].-See Re Glenfield, G. v. G., Farwell, J., 24 June, 1901.

25. Mutual or Voluntary Admissions.

The admissions in writing, dated &c., and signed by (Mr., the solr for) the Plt A., and by (Mr., the solr for) the Deft B., and the several documents therein referred to.

26. Documents admitted at the Trial.

And upon hearing the following documents produced in evidence. and admitted by counsel on both sides, that is to say, six documents produced by the Deft and marked one to six, both inclusive, read &c.

27. The like-Schedule.

The several documents mentioned in the schedule hereto admitted by all parties.

Where there are no admissions in writing, and the documents are admitted at the trial, each document must be marked by the registrar.

VOL. I.

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