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ORDER XLI. FRIENDLY SOCIETIES ACT, 1875, ETC.

1. Disputes in connection with Friendly Societies Acts, Industrial and Provident Societies Acts, Building Societies Acts, Literary and Scientific Institutions Act, 1854, shall be referred by plaint and summons in the ordinary way.

2. In proceedings, the claiming or aggrieved member (or other person) shall be the plaintiff, and the society shall be defendant.

3. Particulars of demand shall be filed. They shall state concisely the nature of the dispute referred, and the relief or order which the plaintiff claims.

4. Applications to the Court by trustees or officers of the society (under § 20 of 38 & 39 Vict. c. 60), shall be by action, commenced by plaint or summons, in which the society shall be plaintiff, the other person defendant.

5. Applications to the Court (under 37 & 38 Vict. c. 42) against officers of the society shall be by plaint and summons, the society being plaintiff and the officer proceeded against defendant.

6. Particulars of demand to be filed under Rules 4 and 5 of Order.

7. Where bond is not in suit, particulars to state shortly the nature of the thing required to be done, or neglect complained of.

8. Where property is required to be given up, the particulars shall contain a description of such property.

ORDER XLII. WINDING UP COMPANIES OR SOCIETIES.

The provisions of the Companies Acts, 1862 to 1890, and the Rules made thereunder, so far as they relate to winding up, shall apply to the winding up of Building Societies, Industrial and Provident Societies, and shall be conducted in all respects as if they were companies under the said Acts. Costs

to be taxed according to the scale of the Supreme Court.

ORDER XLIIA. BRINE PUMPING, COMPENSATION FOR SUBSIDENCE ACT, 1891.

1 to 4 relate to appeals to County Courts under above Act.

ORDER XLIIB. LUNACY ACT, 1890.

Applications to Judge under §§ 132 and 300 shall be by petition; the same procedure shall be followed, fees paid, and costs allowed, as on petition under Order XXXVIII.

ORDER XLIII. LOCAL LOANS ACT, 1875.

1 to 3. Applications to the Court for appointment of a receiver under §§ 12 and 25.

ORDER XLIV. EMPLOYERS' LIABILITY ACT, 1880.

Rules 1 to 15, 16A and 17 are given in Chap. XIII., Employers' Liability—which see.

ORDER XLV. INFERIOR COURTS JUDGMENTS
EXTENSION ACT, 1880.

1 to 11. Relate to proceedings in case of judgment not being satisfied, the granting of certificate, costs, etc. (Forms 314, 315).

ORDER XLVI. MARRIED WOMEN'S PROPERTY ACT, 1882.

1. Where application is made under § 17 of the Act, particulars of question to be submitted to the Court shall be filed, and thereupon a summons shall issue (Form 316). Same fee and proceedings as upon entry of plaint. Subsequent proceedings to be in accordance therewith. 2. The Judge shall direct as to scale of costs,

ORDER XLVII. GUARDIANSHIP OF INFANTS ACT, 1886.

1 to 9. Applications to be by petition; by next friend, guardian, mother or father, etc. Judge to direct as to service of petition, which must show age of infant, nature and amount of fortune and income, and what relations infant has.

ORDER XLVIII. CHARITABLE TRUSTS ACTS.

1 to 20. Record to be kept (Form 341). Relate to proceedings by private persons; by AttorneyGeneral; summons (Form 338); notice to attend (Form 339); service of; registrar may issue notices (Form 340); Judge to direct as to service; note to be sent to Charity Commission; to AttorneyGeneral; copy of proceedings to Charity Commission; fees to be paid; who may appear; effect of order conclusive; general practice of County Courts to be adopted; registrar to file trustees' accounts.

ORDER XLIX. PROBATE OR LETTERS OF ADMINISTRATION.

1 to 12. Relate to applications to commence proceedings (Form 347); lodgment of caveat; person to be plaintiff; proceedings (Form 348); issue of notice; serving notice; to district registrar (Form 349); certificate (Form 350); hearing (Form 351); transmission of action from High Court (Form 348). Where no practice provided, rules and practice of High Court to be followed, etc.

ORDER LA. COSTS.

1 to 32. Relate to taxation and delivery of costs, and proceedings with respect thereto.

ORDER LI. GENERAL PROVISIONS.

1 to 8. Relate to the employment of solicitor and counsel, notices, etc. (Forms 29, 30, 31, 287); 9 and

10A to advertisement of action. 11 to 29. Relate to proceedings in conduct of action, administration of estates and legacies; documents, notices; times and holidays; service on defendant, procedure, etc. (Forms 30, 31).

court.

ORDER LII. INTERPRETATION OF TERMS.

"The Act" means the County Courts Act, 1888. Affidavit-statutory declaration or affirmation, etc. Clear days-excludes first and last days named. Court Judge or registrar, in chambers or open Default summons-that issued on entry of plaint, and required to be served personally. Ordinary summons-that issued on entry of plaint, not required to be served personally. Foreign Court that of a district into which process is issued from another court. High Bailiff—either, if more than one. Home Court-that from which process originally issued. Home District-the district of home court; Foreign District-that of foreign court. Judgment-final decision of Court in any action. action. Month-calendar mouth. Orderfinal or other decision of the Court, or of the Judge or registrar in any interrogatory application. Trial-hearing of any action or matter in court. Vessel-any description of vessel used in navigation, not propelled by oars only.

Dated 1st January, 1889.

Amended Rules-5th February, 1892.

CHAPTER XVII.

LAW AND PROCEDURE AS TO APPEAL, AND NEW TRIAL.

THE provisions of the law and the methods of procedure as regards appeals have considerably changed since the last edition of this work, and therefore it is very desirable that the whole matter pertaining to appeals should be brought together into one chapter. This is all the more necessary because the Summary Jurisdiction Act, 1884, and more especially the Supreme Court of Judicature (Procedure) Act, 1894, aim at uniformity of proceedings as regards appeal, and the rules of procedure have contributed to that end. By the Summary Jurisdiction Act, 1884 (the 47 & 48 Vict. c. 43), § 4 and the schedule, the subsections of § 20 of the Trade Union Act, 1871, and the sub-sections of § 12 of the Conspiracy and Protection of Property Act, 1875, relating to the conditions and regulations respecting appeal, are repealed.

I. Appeals are now regulated by "The Summary Jurisdiction Act, 1879" (42 & 43 Vict. c. 49), as follows:

"§ 19. Where, in pursuance of any Act,

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