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, 213 143 45 by arbitrator, 219 commissioner, 131 examiner appointed by the court, 123 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 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 appearance to, 215 default in, 52 attendance under, 215 199-200 creditor, by, 199-200 judgment for, not obligatory on, 201 further where summons not fully disposed of, 216 costs thrown away by non-attendance, 216 declaration on, 198 determination of matters arising in administration of estate, evidence on, 201 ex parte proceeding on, matters included in, carriage and service of, 201 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 PARTICULARS, breach of trust, in case of, 72 damages, of, 72 debt, expenses or damages, of, which exceed three folios, 72 other per- administrators may represent estate or beneficiaries, 57 appearance by persons not, 49 applications as to, how made, 56-9 Attorney-General, action by, as to validity of statute, 18 cestuis que trust joined as, 57 one of several, may have decree for execution of trusts, 61 change of, by death, etc., 66-8. See CHANGE (OF PARTIES). 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 defendant, added, service of amended writ upon, 59 doubt as to, alternative claims against, 57 claiming contribution against third party, 64 relief sought, need not be interested in all, 57 56 executors and administrators, representing estate, or beneficiaries, 57 heir-at-law as, .61 not necessary party to action, to execute trusts of will, 63 joinder of, as plaintiffs in whom right alleged to exist, 56 defendants, 57 severally, or jointly and severally liable on same contract, 57 land, to action for recovery of, 48 legal personal representative, where no, 63 lunatics as, 59. See LUNATICS. PARTIES (O. 16)—Continued. marriage of, 66 married women, to actions by, 59. See MARRIED WOMAN. misjoinder of, 58 motion to add, strike out, or substitute, 59 names of, in process, pleading, etc., 232 next of kin may have judgment for administration, 61 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 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 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 striking out and adding, 58 application for, 58, 59 by court or judge, 58 58 motion for, who may make, 58 accounts, taking of, assigned to Judge in Equity, 9 appearance by, 159 person having control of business but not a, 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, 160 159-60 159-60 160 claim to issue execution against another, as being a, effect of, against partner out of the jurisdiction, leave to issue execution against alleged partner, 160 service of writ on, mode of, 158 PAYMENT INTO COURT (0. 22), Payment into and out of Court, Tender, 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 |