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TABLE OF CONTENTS.
ACT AND RULES OF COURT.
PAGE
Table of Corresponding English and New Brunswick Rules
The Judicature Act, 1906
X
1
Preliminary Orders
37
ORDER
I.
II.
Writ of summons and procedure, etc.-Rules 1 to 6....
Indorsement of claim-Rules 1 to 7....
1. Generally-Rules 1 to 13
II. Persons under disability-Rules 14 to 19
Administration, etc.-Rules 20 to 34......
Third parties-Rules 35 to 43
XX.
XXI.
XXII. Payment into Court, tender, etc.-Rules 1 to 15
XXIII. Reply and subsequent pleadings-Rules 1 and 2
XXIV. Matters arising pending the action-Rules 1 to 3
XXV. Proceedings in lieu of demurrer-Rules 1 to 5
XXVII. Default of pleading-Rules 1 to 15
XXVIII. Confession of judgment-Rules 1 to 8
Amendment-Rules 1 to 13....
XXX. Summons for directions-Rules 1 to 7
XXXI. Discovery and inspection-Rules 1 to 25
Admissions-Rules 1 to 9..
XXXIII. Issues, accounts and references-Rules 1 to 25
XXXIV. 1. Special case-Rules 1 to 10
III.
IV.
XVIII.
XVIIIA.
XVII. Change of parties by death, etc.- Rules 1 to 8
Joinder of causes of action-Rules 1 to 9
Trial without pleadings-Rules 1 to 6
XIX.
XXIX.
98
XXXII.
104
106
112
II. Issues of fact without pleadings -Rules 11 to 14
IV. Perpetuating testimony-Rules 35 to 38
XXXVIII.
XXXIX.
XL.
XLI.
Affidavits and Depositions-Rules 1 to 16...........
Trial on affidavit-Rules 17 to 22
Motion for new trial-Rules 1 to 6....
Motion for judgment-Rules 1 to 9
I. Generally-Rules 1 to 3
II. Examination of witnesses-Rules 4 to 27
III. Subpoena-Rules 28 to 34
XXXVII. Affidavits:-
1.
121
122
128
129
130
133
134
136
Settlement of and entry of judgments--Rules 1 to 12
Execution-Rules 1 to 28
137
140
XLII.
XLIII.
Writs of execution and sequestration-Rules 1 to 4.
Attachment-Rules 1 to 3
145
146
XLIV. Memorials of judgments, etc -Rules 1 and 2
XLV. Writ of possession-Rules 1 to 4
Interlocutory orders as to injunctions, etc.—Rules 1 to
15....
L. Actions by and against firms and persons carrying on busi-
ness in names other than their own-Rules 1 to 11
Sales by the Court:-
Sales of infants estates, etc.-Rules 8 to 14
Sales of lunatics' estates, etc.-Rules 15 to 23
Foreclosure sales and mortgage actions-Rules 24 to 33
v. Partition actions and sales-Rules 34 to 42
Vesting of titles and execution of conveyances, etc., by
order of Court Rules 43 and 44
Admeasurement of dower-Rules 1 to 20
Custody and adoption of infants, etc:--
1. Custody of infants-Rules 1 to 4
II. Adoption of infants-Rules 5 to 11
Guardians of infants, etc.-Rules 12 to 18
LIV. Commissions in lunacy-Rules 1 to 7
LV. Estates of habitual drunkards-Rules 1 to 27
LVII. Declaration on originating summons-Rules 1 to 4
LVIII. Administration and trusts; foreclosure and redemption; in-
158
161
162
166
170
173
174
179
180
182
184
186
194
LXI. Applications and proceedings at Chambers-Rules 1 to 19.
Consolidation of actions-Rule
214
217
Application of Rules in Crown and matrimonial cases-Rules
1 to 3
II. Money claims where no special indorsement under O. 2, r. 5
III. Indorsement for costs
275
278
IV. Damages and other claims
V. Indorsements of character of parties
282
APPENDIX (B).-PART I.
AFFIDAVITS OF SERVICE.
1. Personal service of writ of summons (within or without the jurisdic-
tion)
2. Acceptance of service of writ by solicitor
284
285
286
7. Of notice of writ by advertisement..
287
15. Issue
16. Notice of trial
17. Certificate of officer after trial with a jury.
17a Notice of trial without pleadings
18 Notice of discontinuance
19.
20.
66
cross-examination of deponents at trial
"renewal of writ of execution
21. Affidavit under Order XIV
296
297
298
299
FORMS OF STATEMENTS OF CLAIM TO BE USED PURSUANT TO ORDER XIX.,
III. Actions included in Order II., Rule 5, Classes A, B, C, D, E, and F
IV. Actions for damages for breach of contract or duty arising out of
311
contract
316
V. Actions claiming injunctions, damages, or declarations of right
founded on wrongs
VI. Actions for recovery of land, etc...
321
327
APPENDIX (D).
FORMS OF DEFENCE OF CLAIM TO BE USED PURSUANT TO ORDER XIX.,
RULE 4.
General form
329
II. To actions of an equitable nature: Appendix C, Sect. II.
III. To actions included in Order II., Rule 5, Classes A, B, C, D, E, and F
IV. To actions for damages for breach of contract or duty: Appendix
C, sect. IV.
330
334
338
V. To actions claiming injunctions, damages, or declarations of right,
founded upon wrongs: Appendix C, Sect. V.
339
VI. To actions for recovery of land: Appendix C, Sect. VI.
VII. Counterclaims
342
APPENDIX (E).
FORMS OF REPLY, ETC., TO BE USED PURSUANT TO ORDER XIX., RULE 4.
I. General form
II. Example of a statement of claim, defence, and reply
III. Defence, including an objection in point of law
APPENDIX (F).
FORMS OF JUDGMENT.
1. Default of appearance and defence in case of liquidated demand, and
recovery of land
343
344
346
348
2. Judgment in default against a married woman, alone or with others
3. Interlocutory judgment in default of appearance or defence where
demand unliquidated
349
5.
damages
6. Final judgment after assessment of damages by an official referee
4. Judgment in default of appearance in action for recovery of land
and defence after assessment of
350