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 private contract, by, 161 real estate, of, 161 power of Court to order, 161 referee, to be by, 161, et seq. SECURED AND UNSECURED CREDITORS. See INSOLVENT ESTATE. 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 residence abroad, in case of, 245 though plaintiff temporarily within the juris- stay of proceedings pending, 246 not to be reckoned in computing time allowed to take pro- 242 judgments enforceable by, 141, 145–6 leave to issue, application for, 145 order to do act within limited time, to enforce, 145-6 memorandum of, to be entered with Registrar, 62 no appearance or address, where, 260 notice in lieu of, of writ, 47 of application for guardian ad litem, etc., 49 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. 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. married woman, on, mode of, 42-4 43 out of jurisdiction, 45-7. See SERVICE OUT OF JURISDICTION. 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, order for, setting aside, 49 form of, 38 how effected, 47 statement of claim to be served with, to fix time for appearance, 47 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 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, interrogatories, 99 72 judgment, 92-136. See JUDGMENT. proceedings, non-compliance with Rules of Court, for, 262 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 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 officer of court, 16 replevin proceedings, duties and powers under, 155-57 SLANDER, evidence in mitigation of damages in action for, 117 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. 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, 250 260-1 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, arbitrator, stated by, 224 costs of, agreement to pay, 113 cause or matter, in any, 112 counsel, signature by, of, 112 112-113 112 113 documents referred to in, 112-13 memorandum of, form of, 113 filing of, 112 form of, 112 inferences of fact or law may be drawn by court on, leave for, when married woman or infant or person of un- signature to, 112 application for to be supported by evidence; 112 trial of preliminary question of law by, 112 |