chambers, from orders made in, 217-33-35-37 County Court, from, 238-9 Court of Appeal, to, 8, 233 custody of infant, order respecting, from, 180 default judgment. 92-116 Divorce and Matrimonial Court, from, 237 evidence, admitting further, on, 234. See APPEAL TO COURT OF APPEAL interpleader, in, 209 Judge in Chambers, from, 217-33-35-37 not to sit on, from order made by himself, 8 judge's notes, copy of, to be supplied, 235-6 judgment by default, from, 92-116 pronouncing of, in Court of Appeal, in absence of judge, 8 jurisdiction of Court of, 8 Official Referee, from, 120 Registrar to Judge in Equity, 12 time for, 217-33-35-37. See APPEAL TO COURT OF APPEAL. trial division, from, Judge of, 8 APPEAL TO COURT OF APPEAL (O. 67), 233–39. See APPEAL-NEW County Court, from, to, 238-9 costs of, printing evidence, etc., on. See TABLE OF COSTS (App. B.) length of, 234–5 time for giving, 234 directions incidental to, may be made by single Judge, 17 Divorce and Matrimonial Court, from, 237 entry of, 235-38-39 evidence on, as to question of fact, mode of bringing before Court, 235 interlocutory applications, in, 234 Judges's notes, of, 235-36 printing, 236 shorthand writer's notes of, 235-36 ex parte application, from refusal of, 235 hearing by two judges, 8 inferences of fact on, 234 APPEAL TO COURT OF APPEAL (O. 67)—Continued. length of notice of, from, 233 notice of appeal from, need not be printed, 235 Judge's notes, production of, on, 235-6 motion, to be by, 134, 233 new trial, power of court to order, on, 234 upon motions for, 135 notice, to be by, 134-233 cross-appeal, 234-35 printing of, 134 respondent, by, not necessary, 234 to state what part of order is appealed from, 233 part of order, against, 233 pending, interim order to prevent prejudice, 17 printed case, on, 236 Probate Court, from, 237 shorthand writer's notes on, 235-36 setting down of, 237 settling case on, 235-36 stay of execution on, time for, 217-33-37 APPEARANCE (O. 12), 47-9 action for recovery of land, in, as landlord, 48 person in possession, 48 not necessary before moving to set aside writ, 49 default of, 49-52. See DEFAULT OF APPEARANCE. defendants, by, in person, 48 of, by solicitor, 47-8 several, by same solicitor, 48 delivery of pleadings where no, 73 entry of, with Registrar, 47 mode of, 47 time for, 48 infants, by, 59. See INFANTS. judgment, after, 48 landlord not named in writ, by, 48 limiting defence by, 49 memorandum of, 47 contents of, 47 filing of, 47 form of, 47, 272 service of, 47 motion to set aside writ before entering, 49 new party, of, 67 notice of, 47 APPEARANCE (0. 12)—Continued. originating summons, of person served with, default of, 52 party not named in writ, of, 49 served with notice of judgment, by, 62 person, in, 48 not a party, by, 49 served with notice of judgment, by, 62 protest, by person under partnership, in action against, 159 representative of deceased party, by, 63 notice of, 49 service out of the jurisdiction, time for, to be fixed, 47 setting aside, 48 writ before, 49 solicitor, by, 42, 47 defendants by same, of, 48 not entering, after undertaking, 48 third party, by, 64 time for, 48 counterclaim, to, appearance after, 48 80 in case of service out of the jurisdiction, 47 APPLICATIONS, at chambers, 214-17. See CHAMBERS. converted into hearing on motion for judgment, 137 to court to be by motion, 211 judge in court, to be by motion, 211 ARBITRATION (O. 64)—Continued. award in writing, 218 finalty of, 219 time for, 218 enlarging, 219 books and documents, production of, before arbitrator, 219 examination of parties and witnesses, 219–24 official referee to, 220 revocation, 218 special case stated, 224 stay of proceedings, 220 costs, 219-24 evidence on, 219-22 application for, 220 ARBITRATOR. See ARBITRATION; REFEREE. appointment of, by the court in certain events, 221 notice for, 221 setting aside, 221 vacancy, in case of, 220 award, 218-22. See ARBITRATION. death of, 220 disagreement between, 218 misconduct of, 223 oaths, administration of, by, 219–22 powers of, affirmation, to take, 219 award, correcting clerical error in, 222 costs, as to, 219 examination of parties and witnesses as to, 219 oaths, of administering, 219-22 special case, to state, 224 umpire, as to appointment of, 218 refusal of, to act, 220-21 remitting matters, to, 222 removal of, 223 ARREST. See BAILABLE PROCEEDINGS-ATTACHMENT. Act relating to, and imprisonment and examination of debtors, construction notice of, express, debtor, to, 22 trial division, to, from judge in equity, 10 title pendente lite, of, 66-7. See CHANGE OF PARTIES. carrying on proceedings after, 67. ASSISTANT REGISTRAR, 29, 30 ATTACHMENT (O. 43), 146 application for, 146 notice of, 146 bench warrant in aid of subpoena, 129 ATTACHMENT (0. 43)—Continued. application for, 146 discovery, for non-compliance with order for, 103 judgments enforceable by, 140 memorandum indorsed on judgment, 138 motion for, must show grounds, 212 order for, service of, 259 referee cannot order, relief from, 146 120 rule nisi or order to show cause for, not to be made, 211-12 writ of, 146 ATTORNEY-GENERAL, action by, as to validity of statute, 18 perpetuation of testimony, when, should be party to action for, 130 AUDITA QUERELA, proceedings by, abolished, 144 AWARD. See ARBITRATION. BAILABLE PROCEEDINGS, 225-32 affidavit to hold to bail, in, before whom may be sworn, 133 filing of, 232 names of parties in, 232 duty of plaintiff to prosecute action without delay, 231-32 render of defendant in discharge of bail, 227-28 transmission of bail piece, where put in before commissioner, 228-30 |