O. XVI, rr. 18-20. 95 Consent of next friend. appointment of such guardian shall be necessary, but the solicitor by whom he appears shall previously make and file an affidavit as in the last Rule mentioned. O. 16, r. 18, (E). 18. Before the name of any person shall be used in any [Cf. R. 198, (O)], action as next friend of any infant, or other party, or as relator, such person shall sign a written authority to the solicitor for that purpose, and the authority shall be filed with the proper officer. O. 16, r. 20, (E), am; C. S. 1903, c. 112, s. 39. 96 Consent as to procedure by person under disability. Person 97 appointed to represent a class. 19. In all causes or matters to which any infant or person of unsound mind, whether so found by inquisition or not, or person under any other disability, is a party, any consent as to the mode of taking evidence or as to any other procedure shall, if given with the consent of the Court or a Judge by the next friend, guardian, committee, or other person acting on behalf of the person under disability, have the same force and effect as if such party were under no disability and had given such consent. Provided that no such consent by any committee of a lunatic shall be valid as between him and the lunatic unless given with the sanction of the Court or a Judge. O. 16, r. 21, (E). III.-Administration and Execution of Trusts. 20.—(1) In any case in which the right of an heir-at-law, or the next of kin or a class shall depend upon the construction [Cf. R. 201, (0)], which the Court or a Judge may put upon an instrument, and it shall not be known or shall be difficult to ascertain who is or are such heir-at-law, or next of kin or class, and the Court or Judge shall consider that in order to save expense or for some other reason it will be convenient to have the questions of construction determined before such heir-at-law, next of kin, or class shall have been ascertained by means of inquiry or otherwise, the Court or Judge may appoint some one or more persons to represent such heir-at-law, next of kin, or class, and the judgment of the Court or Judge in the presence of such persons shall be binding upon the heir-at-law, next of kin, or class so represented. O. 16, r. 32 (a), (E). Power to appoint person (2) In any other case in which an heir-at-law, or any next of to represent kin or a class shall be interested in any proceedings, the Court or Judge may, if, having regard to the nature and extent of the absent parties. interest of such persons or any of them, it shall appear expedient, on account of the difficulty of ascertaining such persons, or in order to save expense, appoint one or more persons to represent such heir, or to represent all or any of such next of kin or class, and the judgment or order of the Court or Judge in the presence of the persons so appointed shall be binding upon the person's so represented. O. 16, r. 32 (b), (E). O. XVI, rr. 21-26. 98 legatee or [R. 203 (1) (a), 21. Any residuary legatee or next of kin entitled to a Residuary judgment or order for the administration of the personal next of kin. estate of a deceased person, may have the same without serv- (0)). ing the remaining residuary legatees or next of kin. O. 16, r. 33, (E); C. S. 1903, c. 112, s. 114, r. 1. 99 interested in realty. 22. Any legatee interested in a legacy charged upon real Legatee estate, and any person interested in the proceeds of real estate proceeds of directed to be sold, and who may be entitled to a judgment or R. 203 (1) (b), order for the administration of the estate of a deceased person, may have the same without serving any other legatee or person interested in the proceeds of the estate. O. 16, r. 34, (E); C. S. 1903, c. 112, s. 114, r. 2. 100 devisee or 23. Any residuary devisee or heir entitled to the like Residuary judgment or order, may have the same without serving any heir. co-residuary devisee or co-heir. O. 16, r. 35, (E); C. S. 1903, (0)). c. 112, s. 114, r. 3. [R. 203 (1) (c), 101 Cestuis que any trustent. 24. Any one of several cestuis que trustent under deed or instrument entitled to a judgment or order for the [R. 203 (1) (d), execution of the trusts of the deed or instrument, may have the same without serving any other cestui que trust. 0.16, r. 36, (E); C. S. 1903, c. 112, s. 114, r. 4. 102 property. 25. In all cases of actions for the prevention of waste or Protection of otherwise for the protection of property, one person may sue [R. 203 (1) (e), on behalf of himself and all persons having the same interest. O. 16, r. 37, (E); C. S. 1903, c. 112, s. 114, r. 5. (O)]. 103 etc., for 26. Any executor, administrator, or trustee entitled there- Executor, to may have a judgment or order against any one legatee, administra next of kin, or cestui que trust for the administration of the (R. 203 (1) (f), estate or the execution of the trusts. O. 16, r. 38, (E); C. S. 1903, c. 112, s. 114, r. 6. (O)]. 27. The Court or a Judge may require any person to be made a party to any action or proceeding, and may give the conduct of the action or proceeding to such person as he may think fit, and may make such order in any particular case as he may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question. O. 16, r. 39, (E); C. S. 1903, c. 112, s. 114, r. 7, am. 28. Wherever, in any action for the administration of the estate of a deceased person, or the execution of the trusts of deed or instrument, or for the partition or sale of any hereditaments, a judgment or an order has been pronounced or made any 106 Order for liberty to attend not necessary. (c) Affecting the rights or interests of persons the Court or a Judge may direct that any persons interested 29. It shall not be necessary for any person served with notice of any judgment or order, to obtain an order for liberty to attend the proceedings under such judgment or order, but such person shall be at liberty to attend the proceedings upon entering an appearance in the same manner, and subject to the same provisions, as a defendant entering an appearance. Memorandum A memorandum of the service upon any person of notice of the judgment or order in any action under Rule 28, shall be entered with the Registrar upon due proof by affidavit of such service. O. 16, rr. 41, 42, (E). of service. 107 Form of memorandum. 30. Notice of a judgment or order served pursuant to Rule 28 shall be entitled in the action, and there shall be endorsed thereon a memorandum in the Form No. 22 in Appendix G. O. 16, r. 43, (E). 31. Notice of a judgment or order on an infant or person of unsound mind, not so found by inquisition, shall be served in the same manner as a writ of summons in an action. O. 16, r. 44, (E). O. XVI, rr. 31-84. 108 Service of notice of judgment on infants, etc., 109 not necessary to execute 32. In any cause or matter to execute the trusts of a will Heir-at-law it shall not be necessary to make the heir-at-law a party, but party in suit the plaintiff shall be at liberty to make the heir-at-law a trust. party where he desires to have the will established against him. O. 16, r. 45, (E). 110 personal Court may resentative. 33.—(1) If in any cause, matter, or other proceeding it where no shall appear to the Court or a Judge that any deceased person representative who was interested in the matter in question has no legal appoint a reppersonal representative, the Court or Judge may proceed in (Cf. R. 194, (O)). the absence of any person representing the estate of the deceased person, or may appoint some person to represent his estate for all the purposes of the cause, matter, or other proceeding on such notice to such persons (if any) as the Court or Judge shall think fit, either specially or generally by public advertisement, and the order so made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased had been a party to the cause, matter, or proceeding. O. 16, r. 46, (E); C. S. 1903, c. 112, s. 116. (2) Where probate of the will of a deceased person, or letters of administration to his estate have not been granted, and representation of such estate is required in any cause, matter or other proceeding, the Court or a Judge may appoint an administrator ad litem. See R. 195, (O). tion. 111 Chambers, 34. In any cause or matter for the administration of the Administraestate of a deceased person, no party other than the executor Appearance at or administrator shall, unless by leave of the Court or a Judge be entitled to appear either in Court or in Chambers, 204, (0)). or before a Referee, on the claim of any person not a party to the cause or matter against the estate of the deceased person in respect of any debt or liability. The Court or a Judge may direct or give liberty to any other party to the cause or matter to appear, either in addition to or in the place of the executor or administrator, upon such terms as to costs or otherwise as they or he shall think fit. O. 16, r. 47, (E), am 0. XV1, rr. 35-37. 112 Third party notice, where, contribution or indemnity claimed. 113 third party. Default of appearance. IV.-Third Party Procedure. 35. Where a defendant claims to be entitled to contribution, or indemnity from or any other relief over against any person not a party to the action, he may, by leave of the Court or a Judge, issue a notice (hereinafter called the third-party notice) to that effect. A copy of such notice shall be filed with the proper officer and served on such person according to the rules relating to the service of writs of summons. The notice shall state the nature and grounds of the claim, and shall, unless otherwise ordered by the Court or a Judge be served within the time limited for delivering his defence. Such notice may be in the form or to the effect of the Form No. I. in Appendix B., with such variations as circumstances may require, and therewith shall be served a copy of the statement of claim, or if there be no statement of claim, then a copy of the writ of summons in the action. O. 16, r. 48, (E), am.; R. 209, (O). Appearance of 36. If a person not a party to the action, who is served as mentioned in Rule 35 (hereafter called the third party), desires to dispute the plaintiff's claim in the action as against the defendant on whose behalf the notice has been given, or his own liability to the defendant, the third party must enter an appearance in the action within eight days from the service of the notice. In default of his so doing, he shall be deemed to admit the validity of the judgment obtained against such defendant, whether obtained by consent or otherwise, and his own liability to contribute or indemnify, or as may be, to the extent claimed in the third-party notice. Provided always, that a person so served and failing to appear within the said period of eight days may apply to the Court or a Judge for leave to appear, and such leave may be given upon such terms, if any, as the Court or Judge shall think fit. O. 16, r. 49, (E), am.; R. 210, (O). Leave to appear. 114 Judgment against third party on default of appearance. 37. Where a third party makes default in entering an appearance in the action, in case the defendant giving the notice suffer judgment by default, he shall be entitled at any time, after satisfaction of the judgment against himself, or before such satisfaction by leave of the Court or a Judge, to enter judgment against the third party to the extent of the contribution or indemnity or relief over-claimed in the third |