RECEIVER-Continued. equitable execution, by way of, 152 bond, form of, 152-434 interest charged on default of, 153 default by, consequences of, 153 equitable execution by appointment of, 152. See EXECUTION. recognizance by, 152-432 interest on money in hands of, 153 interlocutory application for, 149 railway, 107. (See C. S. 1903, c. 92, s. 5). recognizance by, 152 form of, 432 remuneration of, 152 award of, appeal from, 223 setting aside, enforcing or remitting, by rule nisi abolished, damages, ascertainment of, by official, 119 decision of, how enforced, 223 119 documents, discovery and production of, before, 119-20 evidence at trial before, fees to. See TABLE OF COSTS (App. B). further consideration by, 120 211-2 REFEREE-Continued. inquiry and report by, 223 issues of fact, trial of, by, 120 judgment to be entered, may direct, 120 official, accounts and inquiries, to be taken by, 106 application for reference to, by either party, 107 attendance of witnesses before, 110 conduct of reference before, 108-11 continuance in office of present, 28 court may dispose of business without reference to, 107 121 delay in proceeding with business before, 108 distribution of business among, 107 documents, discovery and production of, before, 119-20 disqualified from practicing when, 28 employment of assistance by, 108 evidence before, 109 security by, 28 selection of, in county other than where land lies, 107 settlement of report before, 110 view by, 119 223 account, of matters of, 223 consent, where parties, 223 documents, of matters requiring prolonged investi- gation of, 223 issues of fact, of, 223 local investigation of, matter requiring, 223 scientific investigation, of matter requiring, 223 settling by, 137-8 jurisdiction conferred upon, 11-12 money paid into court, to be paid by, to Receiver-General, 27 reference to Judge in Equity by, 12 recognizance payable to, 257 salary of, 29 security by, 29 sittings by at Saint John, etc., 12 taxation of costs by, 29 transmission of papers by, 257 writs to be signed and sealed by, 29-256 RELATOR, not to be made a party without his written authority, 60 RELEASE. pleading, as defence, 74 RELIEF. See PLEADING. claimed, nature of, to be stated in writ, 37 to be specifically stated in statement of claim, 77 equitable, 19, 20 founded on separate facts to be stated, 78 general, need not be claimed, 77 jurisdiction to grant, to avoid multiplicity of proceedings, 21 RENEWAL OF WRIT OF SUMMONS (0.7), 41. See WRIT OF SUMMONS. RENT, 22 and profits, mortgagor may sue for, in his own name, in specially indorsed writ, 39 REPEALED ORDERS, pleading to, 91 not revived by subsequent repeals, 263 REPRESENTATIVE CAPACITY, specific denial of, 76 writ of summons to show, of plaintiff or defendant, 38 RESIDUARY, devisee, administration at suit of, 61 RETAINER, COUNSEL, OF, fee on, not allowed as between party and party, 255 RETURN DAYS, 24 REVIVOR. See CHANGE OF PARTIES. of parties, 66-8 RIGHTS, equitable, to be recognised, 20 RULE, included in order, 5 RULE NISI, application for, not to be made in certain cases, 211-2 rescission of, by, 35 interpretation of terms in, 37-262 Judges, powers of, to make, 35 jurisdiction of Court, to be exercised subject to, and Act, 17 legislature, to be laid before, 35 making, as to, 34 non-compliance with, 262 part of Act, 35, 36 power to regulate practice by, 34-5 proclamation declaring in force, 36 repeal of former, 37 rescission of, by Governor in Council, 35 saving of existing, 263 title of, 37 RULES OF LAW, APPLICABLE TO ALL COURTS, 23 SALE (0.51), 161-72 action for, of real estate assigned to Judge in Equity, 9. advertisement of, 161, et seq. conduct of, to be by referee, 161-6-71 in case of trust estates, 151 conveyance, effect of, etc., 162 on sale, etc., 162 |