Form, 117. Rules, 206, 207. Rules, 70, 74. Computation of time. Rule, 5. and costs, de bonis testatoris, si, &c., et si non, as to the costs, de bonis propriis, and as to the residue of the demand, if any, judgment of assets, quando acciderint. 214. Where judgment has been given against an executor or administrator, that the amount be levied upon assets of the deceased quando acciderint, the plaintiff or his personal representative may issue a summons in the form set forth in the schedule, and if it shall appear that assets have come to the hands of the executor or administrator since the judgment, the court may order that the debt, damages and costs be levied de bonis testatoris, si, &c., et si non, as to the costs, de bonis propriis; provided, that it shall be competent for the party applying to charge in the summons that the executor or administrator has wasted the assets of the testator or intestate, in the same manner as in rule 206, and the provision of rule 207 shall apply to such inquiry; and the court may, if it appear that the party charged has wasted the assets, direct a levy to be made as to the debt and costs, de bonis testatoris, si, &c., et si non, de bonis propriis. 215. Where a defendant admits his representative character, and the plaintiff's demand, and that he is chargeable with any sum in respect of assets, he shall pay such sum into court, subject to the rules relating to payment into court in other cases. 216. In actions against executors or administrators for which provision is not hereinbefore specially made, if the defendant fail as to any of his defences, the judgment shall be for the plaintiff as to his costs of disproving such defence, and such costs shall be levied de bonis testatoris, si, &c., et si non, de bonis propriis. Notices. 217. Where by these rules any party is required to give notice according to a form mentioned in the schedule, it shall be sufficient if the notice given complies substantially with such form. 218. In all cases where anything is required by the rules of practice to be done within a period of twenty-four hours, or within a period of forty-eight hours, no part of Sunday, Christmas-day, Good Friday, the Saturday next after Good Friday, or of any day appointed by royal proclamation for a public fast, humiliation or thanksgiving, or any day on which the offices of the courts shall be closed by order of the lord chan cellor, shall be included in the computation of such period. 219. All letters or process sent by post by or to the officers of the courts, or by or to parties in a cause, shall be prepaid. Statutes of Limitation. 220. Successive summonses may be issued without leave of the court for the purpose of preventing the operation of any statute whereby the time for the commencement of any action is or may be limited, and the first and each subsequent summons shall be in force for twelve calendar months from the time of issuing the same, including the day of such issuing, and such subsequent summons shall be issued before the expiration of the previous summons, and entered in the plaint book of the court: provided that on entering the plaint in the first instance the usual fee shall be paid; but for such subsequent summonses no further fee shall be paid, nor shall it be necessary that any attempt be made to serve the first summons or any successive summonses, unless the plaintiff require the same; and such successive summonses shall be a continuance of the action on and from the day on which the first summons was issued. 221. Where a summons has been served in due time to prevent the operation of a statute of limitations, and either party dies after such service and after the lapse of the period within which it is provided that an action may be brought, proceedings may be taken by or against the surviving party, or by or against the personal representative of the deceased party, within one year from the day of holding the court at which the summons required the defendant to appear. Arbitration. 222. Where a plaint is entered, the judge may, with the 9 & 10 Vict. consent of the parties, as well in cases within the ordinary c. 95, s. 77. jurisdiction of the court as in cases of agreement under sect. 23 of 19 & 20 Vict. c. 108, make an order for a reference under the provisions of sect. 77 of 9 & 10 Vict. c. 95, before, upon, or after the return-day; and all the provisions in the last-mentioned act contained as to references shall apply to a reference Form, 120. proceeding under such an order; provided that the same fees shall be paid as would have been payable on the hearing of the cause. Ejectment. 223. Every action of ejectment shall be commenced by plaint, 30 & 31 Vict. as actions are now commenced in the county courts under the c. 142, s. 11. County Courts Act, 1846, sect. 59, and all the persons in whom the title is alleged to be shall be plaintiffs, and the persons alleged to be in possession or apparent possession of the pro- Form, 125. perty sought to be recovered shall be defendants, and thereupon a summons shall be issued in accordance with the directions of that section, and the plaintiff shall, at the time of the entry of the plaint, deliver to the registrar a statement in writing containing a full description of the property sought to be recovered, and of the annual value thereof, and of the rent if there be any fixed or paid in respect thereof, and as many copies of the statement as there are defendants. 224. Every summons in ejectment shall contain the names, Forms, 125, 126. addresses and descriptions of all the plaintiffs and defendants; and there shall be annexed thereto a copy of the statement required by the last rule, sealed with the seal of the court, and the statement shall be deemed part of the summons, which summons shall be in the form provided in the schedule to these rules, and be made returnable at a court to be holden not less than forty-two (a) clear days from the day of the date thereof. 225. Every summons in ejectment shall be served in the same manner as summonses to appear to plaints in county courts are now served, except that it shall be served thirty-five clear days Rules, 51 to 62. before the return-day thereof; and if the defendant cannot be found, and his place of abode shall not be known, or admission thereto cannot be obtained for serving the summons in ejectment, a copy of the summons shall be affixed to the door of the dwelling-house or to some conspicuous part of the property sought to be recovered, and such affixing shall be deemed good service on the defendant. 30 & 31 Vict. c. 142, s. 12. Form, 127. 226. The word "writ" in the proviso to sect. 12 of 30 & 31 Vict. c. 142, shall mean any summons in ejectment issued and served under the last two preceding rules, and any order obtained under such proviso shall be lodged with the registrar before the return-day, and the registrar shall thereupon make a memorandum of such order in the plaint book, and shall transmit by post such order, together with a copy of the summons and particulars, to the "masters" of the superior court named in the order, and shall give notice to the plaintiff, by post, of such transmission. 227. Any person not named as defendant in a summons in ejectment shall by leave of the registrar be allowed to appear and defend, on filing, twelve clear days before the return-day, an affidavit, together with as many copies thereof as there are plaintiffs and defendants, showing that he is in possession, either by himself or his tenant, of the property mentioned in the summons, or some part thereof (such part being described in the affidavit with reasonable certainty). 228. Upon such affidavit being filed, the registrar shall enter the name, address, and description of the person filing the same in the plaint book as defendant, in addition to the names of the person or persons originally made defendants, and shall, ten clear days before the return-day, give notice by post or otherwise to the plaintiffs and defendants that the person filing the affidavit has filed the same, and will appear and defend at the trial of the action, annexing to each notice a copy of the affidavit. 229. Any defendant in ejectment may give notice in writing, signed by himself or his attorney, to the registrar twelve clear days before the return-day, that he intends to limit his defence (a) It was necessary to give this time to enable a defendant to avail himself of sect. 12 of 30 & 31 Vict. c. 142. to a part only of the property mentioned in the summons, describing that part in such notice with reasonable certainty, and with such notice he shall deliver to the registrar as many copies thereof as there are plaintiffs, and the registrar shall, ten clear Form, 128. days before the return-day, send the same, sealed with the seal of the court, by post to each of the plaintiffs. 230. Want of "reasonable certainty" in the description of the property or any part of it in any summons or notice shall not nullify it, but the judge may, if he sees fit, order the description to be amended at the hearing, or he may order an amended description to be delivered, subject in either case to such terms as he may think fit. 231. Any action of ejectment may, if either party require a jury to be summoned, be tried by a jury in the same manner and subject to the same rules as actions have heretofore been tried by juries in the county courts. 232. Every action of ejectment shall be tried in the same Forms, 129, manner as actions in the county courts have heretofore been 130, 131, 133. tried, and the question at the trial shall, except in the cases hereafter mentioned in rules 239 and 242, be whether the statement in the summons of the title of the plaintiffs is true or false, and if true, then which of the plaintiffs is entitled, and whether to the whole or part, and if to part, then to which part, of the property mentioned in the summons; and the judgment shall be in the form in that behalf provided in the schedule to these rules, or to the like effect, with such modifications as may be necessary to meet the facts. 233. Where the title of the plaintiff shall appear to have existed as alleged in the summons, and at the time of the service thereof, but it shall also appear to have expired before the Form, 132. trial, the plaintiff shall be entitled to a judgment according to the fact that he was so entitled, and for his costs of suit, unless the judge shall otherwise order. 234. Where at the hearing any defendant appears and the plaintiff does not appear, the case shall be struck out, and the defendant appearing shall have judgment for his costs; and if the plaintiff appears and no defendant appears, the plaintiff, on Form, 134. proof of the service of the summons, and of his title, shall be entitled to judgment for the recovery of possession. 235. Where all parties to any action of ejectment agree upon the facts they may, by leave of the registrar, state a case for the opinion of the judge, and the action shall in such case be heard and determined by the judge upon the facts stated in such case; provided, that if the parties state a case under this Form, 135. rule they shall deliver to the registrar, six clear days before the return-day, two copies, signed by the parties or their respective attorneys, of such case, with the points to be argued stated in the margin, and the registrar shall seal both copies, and forthwith send one of such copies to the judge and file the other. Form, 136. Form, 136. Forms, 138, 139. Forms, 140, 141. Form, 142. 236. Where in an action of ejectment judgment is given for the plaintiff, execution may issue upon a day to be named in the judgment, and if no day be named then it may issue after the expiration of fourteen clear days from the day on which judgment shall have been given, unless the judge shall otherwise order. 237. Where any judgment in ejectment has been obtained for recovery of possession and costs, there may be either one warrant or separate warrants of execution for the recovery of pos session, and for the costs, at the election of the plaintiff. 238. Where a judgment in ejectment is given for the defendants or any of them, execution may issue for costs against the plaintiffs upon a day to be named in the judgment, and if no day be named then it may issue after the expiration of fourteen clear days from the day on which judgment shall have been given, unless the judge shall otherwise order. 239. Where upon the trial of any action of ejectment it shall be proved that the defendant is joint tenant, tenant in common, or coparcener with the plaintiff, then, unless also an actual ouster of the plaintiff shall be proved, the defendant shall be entitled to judgment and costs, but if such ouster be proved, then the plaintiff shall be entitled to judgment for the recovery of possession and costs. 240. The death of a plaintiff or defendant shall not cause an action of ejectment to abate, but it may be continued as provided by the next nine following rules. 241. Where any party to an action of ejectment dies before the return-day, the surviving party or parties thereto shall appear in court on the return-day. 242. Where a sole plaintiff, or one of several plaintiffs in ejectment claiming otherwise than as joint tenants, dies before the return-day, it shall be lawful for the heir or other legal representative of such deceased plaintiff, on the return-day, to apply to the judge, upon filing an affidavit of the death of the deceased plaintiff, and of his own heirship or other representative character, for leave to continue the action in his own name as plaintiff, and the judge may make an order granting such leave upon such terms as to adjournment, and payment of costs, as he shall see fit, and thereupon the entry of the plaint in the plaint book shall be amended by substituting for the name of the deceased plaintiff the name of the applicant as heir or other legal representative, as the case may be, of the deceased plaintiff; and the substituted plaintiff shall not recover unless he shall prove the title of the deceased plaintiff as stated in the summons, and also that he is heir or other legal representative of the deceased plaintiff, but upon proof of such title and of his representative character as alleged he shall be entitled to judg ment for the recovery of possession and costs: provided that if the defendant do not appear on the return-day, the cause shall |