under the Act shall be intituled in the same manner as the affidavit or request on which the funds were lodged. All other applications under the Act, not made in any pending cause or matter, shall be intituled in the matter of the trust (described so as to be distinguishable) and of the Act. Every petition or summons for a vesting order, or the appointment of a person to convey, shall state the section or sections of the Act under which it is proposed that the order shall be made (g). The Trustee Act, 1893, provides that trustees, or the majority of trustees, having in their hands or under their control money or securities belonging to a trust, may pay the same into the High Court; and the same shall, subject to Rules of Court, be dealt with according to the orders of the High Court (h). (g) Ord. LIVв. r. 4a. (h) Trustee Act, 1893, s. 42. Cp. Trustee Relief Act, 1847 (10 & 11 Vict. c. 96), s. 1. For the practice under the Trustee Relief Acts, see Morgan, 56-61; CHAPTER V. PROCEDURE IN THE COUNTY COURT. MOST of the rights and remedies exercisable by an assignee, and by the other parties concerned in an assignment of a chose in action, may be equally enforced in the County Court. By virtue of the Judicature Act, 1873, similar powers to those of the High Court are conferred upon the County Court. The interpleader remedy given to debtors, trustees, &c. by sect. 25 (6) of that Act is also available in the County Court (a). The party applying for interpleader must apply to the registrar within five days of the service of the summons for a summons against the assignor or other claimant. The application must be supported by affidavit stating that the applicant claims no interest in the subject-matter in dispute, &c., and is willing to submit to the order, &c. of the Court, and at the same time copies of this affidavit for the plaintiff and the claimant must be filed with the registrar (b). On filing this affidavit, &c., or subsequently to the issue of the interpleader summons, the defendant may pay the debt or money, or bring the chose in action, &c. into Court to abide its decision (c). Upon the registrar being satisfied upon the above matters, the trial will be adjourned pending the (a) Judicature Act, 1873, s. 89; County Court Rules [1889], Ord. XXVII. r. 13▲. (b) C. C. R. Ord. XXVII. r. 13A (2). (c) Id. r. 13A (6). hearing of the interpleader for which an early day will be appointed, and notice, &c. thereof given by him to all parties concerned (d). Provisions are similarly made whereby the claimant must deliver particulars of his title, &c. to the subjectmatter in the action, and copies thereof will be sent by the registrar to the other parties (e). But the interpleader issue may still be tried by consent, or by the direction of the judge without consent, though the claimant has not filed the particulars of his claim, &c. (e). Discovery and inspection apply to these proceedings as far as possible (ƒ). And further, similar provisions are made as to trial of the issue, barring claim, &c., as obtain in the corresponding proceedings in the High Court (g). ATTACHMENT OF DEBTS. Garnishee proceedings are also available in the County Court. A judgment creditor may apply to the judge or registrar of the County Court for an order that the judgment debtor or any other person be orally examined as to what debts are owing to the judgment debtor, and for the production of any books or documents (h). The judgment creditor may then file with the registrar an affidavit stating that the judgment debt is unsatisfied, and setting forth the names and addresses of the persons who owe money to the judgment debtor, together with the respective amounts of such debts, (d) C. C. R. Ord. XXVII. r. 13A (4). (e) Id. r. 13 (5). (ƒ) Id. r. 13 (8). (g) Id. r. 13 (7b), (7c), (8). And see Ann. C. C. Prac. I. 146 -148. (h) C. C. R. [1889], Ord. XXV. r. 52. and that the same are within the jurisdiction of the Court(); if without the jurisdiction, similar steps must be taken in the garnishee's Court, coupled with filing therein a certificate of the judgment or order made in the judgment creditor's Court (j). This affidavit will be sufficient if it states on information and belief that the said person or persons are so indebted to the judgment debtor. The garnishee or garnishees are thereupon summoned to show cause (k); the summons must generally be served personally on the garnishee (), unless upon a firm or company (m). If the garnishee pays the amount into Court five clear days before the return day, he will be free from all costs incurred by the judgment creditor (n). Similar provisions as to the determination of the liability by trial, and enforcement of orders, &c., are made as apply in the High Court (0). It was formerly held that a garnishee had no right of appeal against the order fixing him with liability as he was not actually an original party to the proceedings (p); but by the County Courts Act, 1888, a right of appeal is afforded to any party in any action or matter, including a garnishee (7). COMMITTAL. The Debtors Act, 1869, gives power of committal to prison for default in payment in compliance with an order of the Court; and most of what has been hereinbefore stated with respect to this procedure applies to the County Court (r). In such cases the proceedings are generally these : A judgment summons is issued and served upon the judgment debtor calling him to Court to show cause why he should not be committed to prison for default in complying with the Court order for payment. Upon the return day this summons imposes upon the judgment creditor the duty of proving to the satisfaction of the judge that the judgment debtor has, since the day of the judgment or order, had the means of complying with the judgment or order. Upon the judge being satisfied, he may order a committal forthwith against the judgment debtor, sending him to prison for a term not exceeding six weeks; or he may, if he thinks fit, suspend the operation of such committal pending payment by the debtor by instalments or otherwise; but the judge cannot add to an order to pay by instalments, which he may make instead of committal, a direction that in default of payment the debtor do stand committed (s). EQUITABLE EXECUTION AND RECEIVERS. The remedies as to equitable execution generally, and by appointment of a receiver in particular, of the fund in question, are also within the jurisdiction of the County Court by virtue of the Judicature Act, 1873 (t). The appointment of a receiver in the County Court may be made before or at the trial, and whether asked for or not (u). (r) Debtors Act, 1869, s. 5. See ante, p. 376. (8) Stonor v. Fowle, 13 Ap. Ca. 20; R. v. Brompton C. C., 18 Q. B. D. 213. (t) Judicature Act, 1873, s. 89. (u) C. C. R. [1889], Ord. XIII. r. 1. |