The Practice of the Supreme Court of New South Wales at Common Law: Including the Common Law Procedure Act, 1899, and Other Acts Relating to the Subject, Together with the General Rules of Court, Edited with Notes and IndexLaw Book Company of Australasia, 1903 - 512 pages |
From inside the book
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Page lx
... Registrar - General has therein made default , and during such default commences any suit or action in any court in the firm - name or for a cause of action arising out of any dealing by such firm or person in the firm - name , such ...
... Registrar - General has therein made default , and during such default commences any suit or action in any court in the firm - name or for a cause of action arising out of any dealing by such firm or person in the firm - name , such ...
Page 82
... registrar of such District Court , and the Judge of such District Court shall appoint a day for the hearing of the action , notice whereof shall be sent by such registrar to both parties or their attorneys in the manner directed by the ...
... registrar of such District Court , and the Judge of such District Court shall appoint a day for the hearing of the action , notice whereof shall be sent by such registrar to both parties or their attorneys in the manner directed by the ...
Page 151
... registrar of the District Court , and further ( in spite of the words , “ costs to abide the event " ) that plaintiff was entitled to his costs in the Supreme Court up to plea ; that those costs only should be costs in the cause abiding ...
... registrar of the District Court , and further ( in spite of the words , “ costs to abide the event " ) that plaintiff was entitled to his costs in the Supreme Court up to plea ; that those costs only should be costs in the cause abiding ...
Page 210
... registrar in equity ; ( b ) in the bankruptcy jurisdiction of such Court is the regis- trar or chief clerk in bankruptcy ; ( c ) in the matrimonial causes jurisdiction of such Court is the registrar or deputy registrar in divorce ; ( d ) ...
... registrar in equity ; ( b ) in the bankruptcy jurisdiction of such Court is the regis- trar or chief clerk in bankruptcy ; ( c ) in the matrimonial causes jurisdiction of such Court is the registrar or deputy registrar in divorce ; ( d ) ...
Page 212
... registrar in equity ; or ( d ) the registrar or chief clerk in bankruptcy ; or ( e ) the registrar or deputy registrar in divorce ; or ( the registrar or deputy registrar of probates : Provided such signature purports to be attached or ...
... registrar in equity ; or ( d ) the registrar or chief clerk in bankruptcy ; or ( e ) the registrar or deputy registrar in divorce ; or ( the registrar or deputy registrar of probates : Provided such signature purports to be attached or ...
Common terms and phrases
admission admitted affidavit aforesaid allowed amended amount appear application appointed arbitrator articled clerk attorney bail bill cause of action certificate Circuit Court claim claimant clerk Commissioner Common Law concurrent writ consent consolidated copy costs Court or Judge damages debt declaration default defendant demurrer District Court documents Dowl ejectment entered entitled Equity evidence examination execution fees filed garnishee given granted held hereby Ibid interpleader issue judgment debtor jurisdiction jurors jury Justice leave matter ment notice oath officer paid party payment person Petition plaintiff plea plea in abatement pleaded Privy Council proceed proceedings Prothonotary Provided Railway record recovered refused Registrar repealed residence respect rule nisi Schedule served Sheriff sign judgment Solicitor South Wales Statute sued supra Supreme Court sworn Sydney taxation taxed tenant therein thereof thereto thinks fit tion trial unless verdict witness writ of summons
Popular passages
Page 400 - ... shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff...
Page 172 - to a submission, or any person claiming 'through or under him, commences any 'legal proceedings in any court against 'any other party to the submission...
Page 222 - A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease, shall not be enforceable by action, or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and in any case requiring the lessee to make compensation in money for the breach, and the lessee NOB.
Page 222 - Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the Court for relief; and the Court may grant or refuse relief, as the Court, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section, and to all the other circumstances, thinks fit...
Page 307 - If any person called as a witness, or required or desiring to make an affidavit or deposition, shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the court or judge or other presiding officer, or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following; videlicet, " I, AB, do...
Page 162 - We command you, that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause...
Page 177 - ... requiring any prolonged examination of documents or accounts, or any scientific or local investigation which cannot, in the opinion of the Court or a Judge, conveniently be made before a jury...
Page 174 - To administer oaths to or take the affirmations of the parties and witnesses appearing ; and (b) to state an award as to the whole or part thereof in the form of a special case for the opinion of the Court ; and (c) to correct in an award any clerical mistake or error arising from any accidental slip or omission.
Page 180 - The award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively.
Page 315 - An Act to repeal an Act of the present Session of Parliament, intituled ' An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits;' and to make other Provisions for the Abolition of unnecessary Oaths.