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NOTICE-Continued.

motion, of, 212. See MOTION.

for new trial, 134

one month's, to be given before fresh proceeding in cause after delay of

one year, 243

payment into court, of, 82

pleaded, how to be, 75

referee's report, on settlement of, to attend, 110

renewal of writ of execution, of,

service of, 259. See SERVICE.

out of the jurisdiction,

sheriff, to, to bring in body, 213

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143

45

by arbitrator, 219

commissioner, 131

examiner appointed by the court, 123
registrar of court, 12

forms of, for clerks, 376

commissioners, 376

interpreters, 376

witnesses, 376

include affirmation and declaration, 5

to judge on appointment, 16

OFFER TO SUFFER JUDGMENT BY DEFAULT, 85-86

OFFICE COPIES,

authenticated by seal of court, made evidence, 256

OFFICIAL REFEREES, 28–106–111–119–202–207–220. See REFEREE.

OPINION OF COURT. See SPECIAL CASE.

advice to trustee, 196

originating summons, obtained by, 198

special case, obtained by, 112

ORDER. And see JUDGMENT.

admission of facts, upon, 105

amendment of errors in, 96

chambers, in, appeal from, 217-33-35-37

change of parties, to carry on proceedings on, 67

costs, for payment of, enforcing, 142

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mandatory, carried out at expense of disobedient party, 144–5

meaning of, 5

on summons, form of, 217

vesting, 173

warning to be indorsed on, 138

ORIGINATING SUMMONS, 199, et seq.

accounts, none or insufficient, order on, where, 202
adjournment into Court or chambers, 216-17
administration of estate of deceased, for,

appearance to, 215

default in, 52

attendance under, 215

199-200

creditor, by, 199-200
order upon, where no
accounts or insufficient
rendered, 202

judgment for, not obligatory on, 201

further where summons not fully disposed of, 216
non-attendance, proceeding ex parte, 215

costs thrown away by non-attendance, 216

declaration on, 198

determination of matters arising in administration of estate,
or trust of deceased person, for, 199

evidence on,

201

ex parte proceeding on,

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matters included in,

carriage and service of, 201
216

53

opinion of court by, 196-8

order on, where no accounts or insufficient rendered, 202

preparation of, 214

sale or letting of land held in trust,

sealing of, 214-256

service of,

198-200

197

executor, administrator or trustee, where taken out by, 196-200

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PARTICULARS,

breach of trust, in case of, 72

damages, of,

72

debt, expenses or damages, of, which exceed three folios, 72

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other per-
son than, 201

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administrators may represent estate or beneficiaries, 57
amendment as to, 58

appearance by persons not, 49

applications as to, how made, 56-9

Attorney-General, action by, as to validity of statute, 18
beneficiary rights of, 57

cestuis que trust joined as, 57

one of several, may have decree for execution of trusts, 61
represented by trustees, etc., 57

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change of, by death, etc., 66-8. See CHANGE (OF PARTIES).
class represented by party appointed by court, 60

some members, 58

trustees, 57

compromise, approval of for absent,

conduct of action by one of, 62

58

consent of person added as next friend, 58, 60

costs, by reason of misjoinder of plaintiff, 56

counterclaim, defendant added by, 79

death of, 66

not affected by misjoinder of plaintiff, 56

person entitled, failing to proceed, 68
deceased, having no representative, 63

defendant, added, service of amended writ upon, 59
adding, 58

doubt as to,

alternative claims against, 57

claiming contribution against third party, 64
jointly and severally liable, 57

relief sought, need not be interested in all, 57
who may be joined as, 57

56

executors and administrators, representing estate, or beneficiaries, 57
may have judgment for administration, 61

heir-at-law as, .61

not necessary party to action, to execute trusts of will, 63
infants, actions by and against, 59. See INFANT.

joinder of, as plaintiffs in whom right alleged to exist, 56

defendants, 57

severally, or jointly and severally liable on same contract, 57
two or more defendants, when plaintiff in doubt, 57

land, to action for recovery of, 48

legal personal representative, where no, 63
legatees, to administration actions by, 61
liberty to attend, having, 62-3

lunatics as, 59. See LUNATICS.

PARTIES (O. 16)—Continued.

marriage of, 66

married women, to actions by, 59. See MARRIED WOMAN.
meaning of, 4

misjoinder of, 58

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motion to add, strike out, or substitute, 59

names of, in process, pleading, etc., 232

next of kin may have judgment for administration, 61
non-joinder of, effect of, 58

numerous, having same interest, 58

objection for want of, when to be taken, 58-9

partners, 158. See PARTNERS.

plaintiff, adding and substituting, 58-9

application by summons,

Attorney-General, 18

consent of party added as,

59

58

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who may be joined as, 56

wrong, or doubtful, substitution where, 56

protection of property, in action for, 61

representation, numerous parties, in case of, 58
representative capacity to be shewn by indorsement, 38

legal, where, no,

63

of heir, next of kin, or class, 60

plaintiff in actions to prevent waste, etc., 61

residuary legatee may have judgment for administration, 61
separate trials, order for, where joinder of, an embarrassment, 56
service on added, 59

striking out and adding, 58

application for, 58, 59

by court or judge, 58
defendants,

58

motion for, who may make, 58
plaintiffs, 58

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accounts, taking of, assigned to Judge in Equity, 9
actions between, 160

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appearance by, 159

person having control of business but not a,
protest, under, 159

attachment of debts due from, 160

160

159

co-partners, 158

denial of position as, 150

disclosure of names of, 158

application by summons for, 158

staying proceedings on default of, 158

demand in writing for, 158

dissolution of contract between, actions for, assigned to

Judge in Equity, 9

execution of judgment against,

firm, application of rules as to, to person trading as a, 160
judgment against firm, effect of,

159-60

159-60

160

claim to issue execution against another, as

being a,

effect of, against partner out of the jurisdiction,
160

leave to issue execution against alleged partner, 160
names of, to be given, where suing or sued as firm, 158
rules as to, apply to person trading as a firm, 160
service of writ on, 159

service of writ on, mode of, 158

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PAYMENT INTO COURT (0. 22), Payment into and out of Court, Tender,
and Offer to suffer judgment by Default), 81-6. See FUNDS IN COURT.
acceptance of sum paid in before defence, 83

admissions by, 81

commission to officer on, 82

consolidated actions, in, 84

costs after, 84

counterclaim, in answer to, 84

notice of, 84

debt or damages, in actions for, 81

defence, to be signified in, 82

defendant may make, before defence, 81-2

defendant may make, before defence, notice of, 82

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