4. If either party is dissatisfied with the decision of the Prothonotary in any other matter, he may, within two days from such decision, or within such further time as may be allowed by a Judge, file a request that the matter be referred to the Judge sitting in Chambers, and shall, within the same time, serve a notice of such request having been filed.

5. The matter shall thereupon be placed in the list of matters for hearing on the then next day on which a Judge shall sit for Chamber work.

6. A reference shall not operate as a stay of proceedings unless a Judge or the Prothonotary otherwise orders.

7. The costs of such reference shall be in the discretion of the Judge.

8. The scales of costs for business transacted before the Prothonotary shall be the same as are fixed for business transacted before the Judges.

9. In any case in which the Prothonotary is of opinion that the attendance of Counsel before him is unnecessary, he may give a certificate to that effect, and the taxing officer may act upon such certificate.

10. The Court fees to be taken in respect of business transacted under these rules before the Prothonotary shall be the same as those which are now taken in respect of the same business when transacted before a Judge.

11. The duties and powers of the Prothonotary under these rules may, in his absence or during his indisposition or at his request, be performed and exercised by the Deputy Prothonotary.

12. The gaoler at each gaol shall forward to the Prothonotary at the Supreme Court, Sydney, seven days before the days appointed for the regular sittings of the said Court in its Criminal Jurisdiction at Darlinghurst each year, a return in writing of all the persons detained in such gaol, otherwise than in pursuance of a sentence.

See Supreme Court and Circuit Courts (Amendment) Act, 1912, s. 8, ante, p. 54.

13. Such return shall be in the form in the Schedule hereto and shall be certified by the gaoler who transmits it.

14. Every such return shall be handed by the Prothonotary to the Associate of the Judge presiding at the sittings of the Central Criminal Court next ensuing, after such return has been forwarded. The Prothonotary shall also hand to such Associate a list of the gaolers, any, who have failed to forward the prescribed return.

if

W. P. CULLEN, C.J.

ROBERT D. PRING, J.
DAVID G. FERGUSON, J.

RULES-6th DECEMBER, 1912.

In the Supreme Court

of New South Wales

Friday, the sixth day of December, 1912.

It is hereby ordered that Cootamundra and Narrabri be added to the list of towns comprised in the Schedule to the Rules of the 15th December, 1904, at which Writs of Summons or Writs of Subpoena may be issued.

ROBERT D. PRING, J.
ALEXANDER GORDON, J.
DAVID G. FERGUSON, J.

RULES-10th DECEMBER, 1912.

In the Supreme Court

of New South Wales

Tuesday, the tenth day of December, 1912.

It is hereby ordered that Rules 106, 436, 437, 470 and 471 be repealed, and the following Rules substituted in their place :

:

106. For each day of the Sittings there shall be separate Cause Lists which shall be taken in the respective Jury Courts.

436. Before such introduction such person shall produce to the Secretary

(a) A certificate of his having passed in the University of Sydney the preliminary examination for intending articled clerks; or (b) A certificate from the Registrar of the University of Sydney

of his having passed in the University of Sydney, or some other University recognised by it, an examination entitling him to be admitted as a student in the Faculty of Arts or the Faculty of Law; or

(c) A certificate from the said Registrar of his having passed an examination equivalent to one of those mentioned in Clauses (a) and (b) hereof; or

(d) A certificate from the said Registrar of his having matriculated and attended the University course of lectures for one whole academic year; or

(e) A certificate of his having passed in England, Scotland, or Ireland, the preliminary examinations which Articled Clerks are there required to pass; or

(f) The testamur of his degree or other satisfactory evidence of his being a graduate within the meaning of Rule 427.

437. At the time of such introduction the intended master or his agent shall produce to the Judge satisfactory certificates of the character of such person and of his fitness to be admitted to articles,

the intended articles unexecuted, and a certificate by the Secretary of compliance with the last preceding Rule indorsed upon such articles.

470. Every person desirous of presenting himself for the preliminary examination for intending Articled Clerks under clause (a) of Rule 436 shall give notice thereof to the Secretary and pay to him a fee of five pounds not less than sixteen days before the day appointed for such examination.

471. Every person desiring to obtain a certificate under Clauses (b) or (c) of Rule 436 for the purpose of being admitted to articles shall give notice to the Secretary and pay to him a fee of five pounds.

ROBERT D. PRING, J.

P. W. STREET, J.

R. M. SLY, J.

ALEXANDER GORDON, J.
DAVID G. FERGUSON, J.

NOTES OF CASES

On Points of Practice in the Common Law Jurisdiction of the Supreme Court of New South Wales, decided since the publication of Rolin and Innes' Supreme Court Practice; arranged as notes to that book. The reference "S.C.P. p. 15" is to the page in Rolin and Innes' Supreme Court Practice.

66

S.C.P., p. 15.

C.L.P. Act, s. 16-Writ of summons- -Service on foreign company carrying on business here.-A foreign company may carry on business here through agents in such a way as to be resident here, and service of a writ of summons on the agents may be good service; whether, when a limited company are the agents, service on that company is good service on the principal, quaere : Spicer and Others v. The International Paper Co., (1904), 21 W.N. 136.

Service of a writ on agents within the jurisdiction set aside, the Court holding on the facts that the foreign company had not a business domicile in the State: Denham v. Armour, (1905), 22 W.N. 142.

An American steamship company represented here by an agent, held, not to be resident in this State for the purpose of being sued here: Williams v. United States and A. S.S. Co., (1909), 25 W.N. 43.

S.C.P., pp. 16, 18.

C.L.P. Act, s. 17-Service of writ of summons-Affidavit-Irregularity— Delay. The affidavit of service stated that the writ had been served by leaving it with Colin Fisher at the last known residence of the defendant.” On application to set aside judgment signed in default of appearance, held, that the affidavit was irregular; but as the application was four months after service of writ, judgment was set aside on terms only: Crawford v. Fisher, (1907), 24 W.N. 102.

C.L.P. Act, s. 17—Service of writ—Leaving with clerk at office.—Judgment for want of appearance was set aside, with costs, when the writ had been served on a clerk in the defendant's office; although there was no affidavit of merits, or that the writ had not come to defendant's knowledge : Edgley v. Rankin, (1904), 21 W.N. 143.

S.C.P., p. 24.

C.L.P. Act, s. 24-Special endorsement-Interest.-Where a claim for interest was included in the special endorsement, the Court refused to assume, in the absence of evidence to that effect, that interest was not in fact recoverable, and held the writ good: Brooks & Co. v. Smith, (1903), 20 W.N. 77. Special endorsement-Cash advanced. Where a writ was specially endorsed to amount of cash advanced by plaintiff to defendant," held, that this did not necessarily mean money lent," but a claim for money received" could be proved: Daley v. Knowles, (1905), 5 S.R. (N.S.W.) 611 ; 22 W.N. 194.

S.C.P., p. 43.

C.L.P. Act, s. 61-False plea—Striking out.-Pleas not being admittedly false could not be struck out: Hilder v. Mulcahy, 1 W.N. 70, explained: Rand v. McLean, (1903), 20 W.N. 181.

After Hilder v. Mulcahy, 1 W.N. 70, add, see Reid v. Taylor, 10 W.N. 123.

S.C.P.:-Rolin and Innes' Supreme Court Practice.