1. The contract contained a clause whereby it was provided that the plaintiff should complete the works by the 31st of March, 1904, or in default pay to the defendant $4 a day for every subsequent day during which the works should remain unfinished, and they so remained unfinished for sixtyone days to the 31st of May. The defendant counter claims $244.00. As to the first paragraph of the defence, he joins issue 2. As to the second paragraph thereof, the plaintiff accepts the $200.00 in satisfaction. The plaintiff as to the counter-claim says that The liquidated damages were waived by ordering extras and material alterations in the works. 4. The defendant waived the liquidated damages by preventing the plaintiff from having access to the premises till a week after the agreed time. Delivered (Signed) App. E. Defence, Including an Objection in Point of Law (0 25, r. 2). No. 1. [Heading.] Defence. To Action on a Guarantee for the Price of Goods. The defendant says that: 1. The goods were not supplied to E. F., on the guarantee. 2. The defendant will object that the guarantee discloses a past consideration on the face of it. Delivered (Signed) No. 2. [Heading.] Defence. To Action for Slander actionable only by Reason of Special Damage. The defendant says that: 1. The defendant did not speak or publish the words. 2. The words did not refer to the plaintiff. 3. The defendant will object that the special damage stated is not sufficient in point of law to sustain the action. Delivered (Signed) No. 3. [Heading.] Defence. To Action on a Marine Policy Stated to Contain Clauses that the Policy was to be Proof of Interest and Without Benefit of Salvage. The defendant says that 1. The defendant did not make the policy. 2. The loss was not by the perils insured against. 3. The defendant will object that the policy was avoided by 19 Geo. II. c. 37, s. 1. Delivered (Signed) App. E. See. III. App. F. Nos. 1, 2. APPENDIX F. FORMS OF JUDGMENT, ETC. No. 1. Default of Appearance and Defence in Case of Liquidated Demand (0 13, r. 3; O. 27, rr. 2, 3; O. 40, r. 2). In the Supreme Court of Judicature. Between A. B., Plaintiff, 24th February, 1906. and C. D. and E. F., Defendants. The defendants [or, the defendant C. D.] not having appeared to the writ of summons herein [or, not having delivered any defence], it is this day adjudged that the plaintiff recover against the said defendant $ and costs, to be taxed. No appearance having been entered [or, no statement of defence having been delivered] herein it is this day adjudged that the plaintiff recover possession of the land in the writ of summons [or, Statement of Claim] herein mentioned and described as (describe the property). No. 2. Judgment in Default against a Married Woman, alone or with Others. [Heading as in Form 1.] The defendant not having appeared to the writ of summons herein [or not having delivered any defence] it is this day adjudged that the plaintiff recover against the and costs [if fixed costs, insert defendant amount, if taxed, insert to be taxed] such sum and costs so far as regards the defendant [name of married woman] to be payable out of her separate property as hereinafter mentioned and not otherwise. Ante-Nuptial Debt. [If for ante-nuptial debts the form should be as follows:-] Adjudged (as above) such sum and costs to be payable out of her separate property whether subject to any restriction against anticipation or not, and not otherwise, and execution hereon is limited to such separate property. App. F. Nos. 3, 4. No. 3. Int rlocutory Judgment in Default of Appearance or Defence where No appearance having been entered to the writ of summons [or, no defence having been delivered by the defendant] herein, It is this day adjuged that the plaintiff recover against the defendant the value of the goods [or damages, or both as the case may be] to be assessed. No. 4. Judgment in Default of Appearance in Action for Recovery of Land (see O. 13, r. 8). No appearance having been entered to the writ of summons herein, it is this day adjudged that the plaintiff recover possession of the land in the indorsement on the writ described as |