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modes of, 161

mortgaged property, of, on decree or order, 166-70

originating summons,

201

order for, 161

originating summons for,

201

partition, in lieu of, 171

perishable goods, of, 149

possession, delivery of, to purchaser after, 161
power of Court to order, 161

private contract, by, 161

real estate, of, 161

power of Court to order, 161

referee, to be by, 161, et seq.

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SECURED AND UNSECURED CREDITORS. See INSOLVENT ESTATE.
rules applicable to, in administration of insolvent estate, 23

SECURITY FOR COSTS, 244-6

amount of, 244-6

bond for, to whom to be given, 246

computation of time where, ordered, 242

default in giving, 245

dismissal of action where, not given, 245

ex parte order for, 245

giving, mode of, 246

payment into court in lieu of, 246

out of court of money paid in for, 246

plaintiff residing out of the Province to give, 245

temporarily within Province, but ordinarily resident out of
Province, to give, 245

residence abroad, in case of, 245

though plaintiff temporarily within the juris-
diction, 245

stay of proceedings pending, 246
time for giving, 245

not to be reckoned in computing time allowed to take pro-
ceedings in cause,

242

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judgments enforceable by, 141, 145–6

leave to issue, application for, 145

order to do act within limited time, to enforce, 145-6
payment into court, to enforce, 145

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memorandum of, to be entered with Registrar, 62
mode and time of, when not personal, 259

no appearance or address, where, 260

notice in lieu of, of writ, 47

of application for guardian ad litem, etc., 49
judgment, of, 62-3

motion, of, 212.

See MOTION.

payment into court, 82

to produce witness for cross-examination, of, 134

orders, of, original need not be shown on, 259

original order need not be shown on, 259

attachment, except, 259

out of jurisdiction, 45-7. See SERVICE OUT OF JURISDICTION.
person not a party, on, 261

personal, 42

petition, of, 214. See PETITION.

prepaid registered post, by, 260

solicitor, on, of party formerly appearing in person, 260

person not a party, 261

statement of claim, of, 47

substituted, 43-4-260. See SUBSTITUTED SERVICE.

time of day for, 242

writ of summons, of, 42-5. See SERVICE OF WRIT OF SUMMONS, infra.

SERVICE OF WRIT OF CAPIAS, 226-7. See BAILABLE PROCEEDINGS.

SERVICE OF WRIT OF SUMMONS (0.8), 42-5. See SERVICE.

absent or concealed person, on, 47

acceptance of, to be in writing, 42

adult inmate, on, 42

advertisement, by, form of, 287

SERVICE OF WRIT OF SUMMONS (0.8)—Continued.

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married woman, on,

mode of, 42-4

43

out of jurisdiction, 45-7. See SERVICE OUT OF JURISDICTION.

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substituted, 43-44-260. See SUBSTITUTED SERVICE.

undertaking by solicitor to accept, 42

unsound mind, person of, on,

vacant possession, where, 44

wife, on, 42

44

SERVICE OUT OF THE JURISDICTION (0. 11), 45-47

administration, in case of, 45, 46

affidavit in support of, 46

appearance to, time for, 47

application for leave to effect, 46

assets within the jurisdiction,

breach of contract, 45

evidence upon, 46

47

order on,
in case of, 46

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order for, setting aside, 49

form of, 38

how effected, 47

statement of claim to be served with,
when, 47

to fix time for appearance, 47
winding-up, 46

person, on, ordinarily domiciled within jurisdiction, 45

setting aside, 49

substituted, 47-260

time, for appearance, 47

tort, in actions for, 45

winding-up proceedings, notice or order in, 46

writ not issued for, without leave,

statement of claim with, 47

38-45

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where, and balance in defendant's favor, 80

lien of solicitor, allowed against, 247

misjoinder of plaintiffs, not affected by, 56

refusal to allow, in action,

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interrogatories, 99

72

judgment, 92-136. See JUDGMENT.

proceedings, non-compliance with Rules of Court, for, 262
writ of capias, 231

summons, 49

SETTLED ACCOUNT,

how pleaded, 78

SHERIFF,

affidavit by, of service of writ of summons,

44

answer to interrogatories, affidavit in, in action by or against, 104

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meaning of, 262

44

no order to issue to, for return of any writ, etc., 213

to bring in the body of any person, 213

no rule nisi or order to show cause for payment into court by, 212
notice to, to return writ, or bring in body of person to be attached, 213
ex-sheriff to bring in body of person arrested, 213

officer of court, 16

replevin proceedings, duties and powers under, 155-57
return of writ of summons through office of, 44

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SLANDER,

evidence in mitigation of damages in action for, 117
trial of action for, with jury, 24

SOLICITOR,

acceptance of service by, 42

form of, 284

address of, for service, 40-48

appearance by, 47-8

for several defendants, 48

not entering, in pursuance of undertaking, 48

attachment of, 104

attorney, includes, 262

authority of, disclosure of, 41

breach of undertaking to appear,

48

costs ordered to be paid by, 216-44-6. See COSTS.
disbursements, affidavit by, of, 248

disclosure by, 41

discovery, service of order for, on,

103

distinct, to represent parties, required by judge, 216

guardian, ad litem, 247

lien of, set-off is not interfered with, by, 247

pleadings, signature of, by, 72

separate proceedings by, on behalf of two or more defendants, costs of, 250
service on,

260-1

of order for discovery, 103

to continue proceedings, 67

special case, signature of, by, 112

undertaking of, to accept service of writ, effect of, 42

how enforced,

48

SPECIAL BAIL. See BAILABLE PROCEEDINGS.

SPECIAL CASE (0. 34),

112-14

agreement for relief or to pay money according to judgment on,
application to have question of law decided by,

arbitrator, stated by, 224

costs of, agreement to pay, 113

cause or matter, in any, 112

counsel, signature by, of, 112
court may draw inferences on,

112-113

112

113

documents referred to in, 112-13
entry of, for argument, 113

memorandum of, form of, 113

filing of, 112

form of, 112

inferences of fact or law may be drawn by court on,

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leave for, when married woman or infant or person of un-
sound mind is party, 112

signature to, 112

application for to be supported by evidence; 112

trial of preliminary question of law by, 112

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