be adjourned, and a copy of the order shall be sent by the registrar by post or otherwise to the defendant. 243. Where one of several plaintiffs dies before the returnday, and no application be made on the return-day by the legal representatives of the deceased plaintiff, the name of the deceased plaintiff shall be struck out, and the action shall proceed Form, 143. and be tried as between the surviving plaintiff and the defendant; and the surviving plaintiff shall have judgment for the recovery of the whole of the property mentioned in the summons if he shall prove himself entitled thereto, or if not, then for the recovery of such part or share thereof as he shall prove himself entitled to, and for costs. 244. Where judgment in ejectment is given for two or more plaintiffs, and one or more of such plaintiffs die after judgment and before execution is executed, the surviving plaintiff or plaintiffs may apply to the registrar, upon an affidavit stating the death of the deceased plaintiff or plaintiffs, to make an entry in the minute book of the death of such plaintiff, and strike out there from the name of the deceased plaintiff or plaintiffs, and to issue execution for the recovery of the possession of the entirety of the property and the costs; but nothing herein contained shall affect the right of the legal representatives of the deceased plaintiff or plaintiffs, or the liability of the surviving plaintiff or plaintiffs to such legal representatives; and the entry of possession of such surviving plaintiff or plaintiffs under such execution shall be considered as an entry of possession on behalf of such legal respresentatives in respect of the property to which they shall be entitled as such representatives. 245. Where a sole plaintiff or all the plaintiffs in ejectment shall die after judgment, but before execution executed, any person or persons entitled upon the death of the plaintiff or Form, 106. plaintiffs to the property recovered may issue execution, upon leave of the registrar, as provided by rule 201. 246. Where before or after the return-day one or more of several defendants in ejectment who defend jointly shall die, the name of the deceased defendant shall, upon application of either party, and upon proof of the death, be struck out, and the action shall proceed against the surviving defendant or defendants. 247. Where a sole defendant or all the defendants in an action of ejectment shall die before the return-day, any person or persons claiming to be entitled to the property on the death of the defendant or defendants may apply at the hearing to the judge, upon filing an affidavit stating such death and the grounds upon which he claims the property, for leave to defend in the place of the deceased defendant or defendants, and the judge may make an order granting such leave upon such terms as to adjournment and payment of costs as he may see fit, and Form, 144. Form, 145. Form, 126. Form, 146. thereupon the entry of the plaint in the plaint book shall be amended by substituting the name of the applicant for that of the deceased defendant, and the action shall proceed as if the applicant had originally been defendant. Provided, that if no such application be made the action may proceed and be tried as in the case of the non-appearance of a defendant, and the plaintiff, upon proof of the service of the summons and of his title to the property, shall be entitled to judgment for the recovery of possession. Provided also, that if no such application be made any person claiming to be entitled to the property upon the death of the defendant or defendants may apply for a new trial, upon filing an affidavit stating the death of the defendant, the grounds upon which he claims the property, and that he had no notice or knowledge of the summons before the return-day thereof: and, if the judge orders a new trial, the name of the applicant shall be substituted for that of the deceased defendant in the minute book and summons, and the action shall proceed as if the applicant had originally been defendant; and if the judge refuses a new trial, he shall have power to order the applicant to pay the costs of the application. 248. Where a sole defendant or all the defendants in ejectment shall die after judgment, the plaintiff shall nevertheless be entitled to proceed by execution for the recovery of possession, and to proceed by summons in the nature of a scire facias for the recovery of the costs against the legal personal representatives of the deceased defendant or defendants. 249. Rule 247 shall apply to the case of the death before the return-day in ejectment of one of several defendants who defends separately, whether any other defendant defends for the same property or not. 250. Where a plaintiff in ejectment is desirous of not proceeding in the action, he may give notice thereof to the registrar and to the defendant by post, and upon the receipt of such notice the registrar shall enter in the minute book judgment of nonsuit with costs up to that day. 251. Where a plaintiff in ejectment is desirous of not proceeding further in the action in respect of any portion of the property, he may give notice thereof by post to the registrar and to the defendant or defendants defending for such portion, describing in the notice such portion, and upon the receipt of such notice the registrar shall make a memorandum thereof in the plaint book, and the action shall proceed for the recovery of the remainder of the property; and the defendant or defendants receiving such notice shall not be entitled to any further costs in respect of the defence for such portion of the property than those incurred up to the receipt of such notice, unless the judge shall otherwise order. 252. Where one of several plaintiffs in ejectment is desirous of not proceeding in the action, he may apply to the judge on the return-day to have his name struck out of the proceedings, and an order may be made thereupon as to cost or otherwise, as the judge thinks fit, and the action shall proceed at the suit of the other plaintiffs. 253. A sole defendant or all the defendants in ejectment may at any time before the return-day, confess the action as to the whole of the property by signing in the presence of the registrar or of one of his clerks or of an attorney of one of the superior courts, and attested by the person in whose presence Form, 147. it is signed, an admission of the title of the plaintiff to the property and of his right to the possession thereof; and the registrar shall upon the receipt of such admission forthwith give notice thereof by post to the plaintiff, and the judge may on the return-day, upon proof of the signature of the defendant or defendants to such admission by affidavit or otherwise in case the same is not attested by the registrar or his clerk, and without any proof of the plaintiff's title, give judgment for the plaintiff for the recovery of possession and for costs; provided that, if the plaintiff receive notice of such admission before the returnday, he shall not be entitled to any costs incurred subsequently to the receipt of such notice, except the costs of attending the court on the return-day, unless the judge shall otherwise order. 254. Where one of several defendants who defends separately for a portion of the property for which no other defendant defends is desirous of confessing the action as to such Form, 148. portion and admitting the plaintiff's title thereto, he may sign a like admission as is provided for by the last preceding rule, describing in the admission such portion, and similar proceedings shall be taken thereupon as in the case of a confession of the action as to the whole of the property, and the action shall Form, 149. proceed against the other defendants. 255. Where proceedings to recover possession of a tenement can be taken under the provisions of the County Courts Act, 1856, no action of ejectment shall be brought under the County Courts Act, 1867. 256. Where an action of ejectment shall be brought by any mortgagee or any person claiming under him for the recovery of the possession of any mortgaged property, and no suit shall be then depending in any superior court of equity or in any county court, touching the foreclosure or redemption of such mortgage, a defendant or any of the defendants who shall have the right to redeem such mortgage may, ten clear days at least before the return-day, pay into court such sum of money as may be due for principal and interest on such mortgage, and for costs, and the registrar shall thereupon give notice by post Form, 150. to the plaintiff of such payment into court, and on the returnday if the plaintiff shall not appear, or if he shall appear and agree to accept the sum paid into court for principal, interest and costs, or if the judge shall determine that the sum paid Form, 151. Form, 152. 30 & 31 Vict. c. 142, s. 12. Form, 153. 30 & 31 Vict. c. 142, s. 12. into court is sufficient, the court shall order the plaintiff within a certain time, at the defendant's expense, to re-convey the mortgaged property, and to deliver up to the defendant all the title deeds and writings relating thereto; but if the judge shall determine that the sum paid into court is not sufficient, he shall determine what further sum is due to the plaintiff for principal, interest and costs, and shall order the same to be paid into court by the defendant on a day to be fixed, and shall further order that upon such further payment into court the plaintiff shall, within a certain time, at the defendant's expense, reconvey the mortgaged property, and deliver up to the defendant all the title deeds and writings relating thereto, and that, upon default being made in payment of such further sum, that execution shall issue for the recovery of possession of the property and costs provided that where the judge finds the payment into court insufficient, and the defendant makes default in payment of the further sum found by the judge to be due, and the plaintiff issues execution for the recovery of possession, then the registrar shall, upon the application of the defendant, repay to him the sum before paid into court; provided further, that the registrar shall not pay out to the plaintiff the sum paid into court under this rule, except the costs last mentioned, unless he shall be satisfied by the affidavit of himself or of his attorney that the plaintiff has re-conveyed the mortgaged property to the defendant, and has delivered up to him all the title deeds and writings relating thereto. Title to Land, Corporeal or Incorporeal Hereditaments, 257. Actions brought in county courts under sect. 12 of 30 & 31 Vict. c. 142, other than actions of ejectment, shall be commenced, prosecuted and tried in the same manner, and subject to the same rules, regulations and practice in and subject to which actions are now commenced, prosecuted and tried in the county courts, except that, whatever the amount of damages claimed may be, the plaintiff shall, at the time of the entry of the plaint, deliver to the registrar a concise statement in writing, signed by himself or his attorney, of his cause of action, and of the particulars thereof, together with as many copies of such statement as there are defendants, and a copy of such statement, sealed with the seal of the court, shall be annexed to the summons, and such statement shall be deemed part of the summons. 258. Any action brought under sect. 12 of 30 & 31 Vict. c. 142, 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. Replevin. 259. In actions of replevin no other cause of action shall be 9 & 10 Vict. joined in the summons. 260. On entering a plaint in replevin, the plaintiff must specify and describe in a statement of particulars, the cattle, or the several goods and chattels taken under the distress, and of the taking of which he complains. c. 95, s. 119. 9 & 10 Vict. c. 95, s. 119. 261. All actions of replevin in cases of distress for rent in Forms, 154, arrear, or for damage feasance, shall be tried in a summary way 155, 156, 157. as other actions in the courts holden under the authority of the act of the 9 & 10 Vict. c. 95, and the judgment therein, in ordinary cases, whether for plaintiff or defendant, shall be according to the forms set forth in the schedule. 262. Where the distress is for rent, and the defendant succeeds in the action, if the defendant require, the judge shall, if the cause be tried without a jury, and the jury shall, if the cause be tried with a jury, find the value of the goods distrained, and if the value be less than the amount of rent in arrear, judgment shall be given for the amount of such value, Form, 158. but if the amount of the rent in arrear be less than the value so found judgment shall be given for the amount of such rent, and may be enforced in the same manner as any other judgment of the court. 263. Where the distress is for damage feasance, and the defendant is entitled to judgment for a return, if the plaintiff Form, 159. require, the judge shall, if the cause be tried without a jury, and the jury shall, if the cause be tried with a jury, find the amount of the damage sustained by the defendant, and judgment shall then be given in favour of the defendant, in the alternative, for a return, or for the amount of the damage so found. Detinue. 264. The judgment in detinue, if for the plaintiff, shall be for the value of the goods detained, together with a sum to be Forms, 160, stated in the judgment by way of damages for the detention 161. and costs; but it may be made part of the order that on payment of damages for the detention, and costs, and return of the goods on or before a day to be named, satisfaction shall be entered. Confessions under the County Courts Act, 1850. 265. All confessions under sect. 8 of 13 & 14 Vict. c. 61, shall 13 & 14 Vict. be delivered to the registrar five clear days before the return- c. 61, s. 8. day: provided that, at any time before the cause is called on, the defendant may confess and admit the claim according to the Forms, 100 to form set forth in the schedule, subject, however, to an order by the judge to pay such costs as the plaintiff has incurred in con 103. |