and each and every of them] be restrained, and an injunction is hereby granted restraining him [and them, and every of them] from [here set out the acts prohibite] until after the trial of this action, or until further order. And it is further ordered that the costs of the application [and of that before Mr. Justice on the day of 19-] be [costs in the cause (or reserved to the Judge at the trial)]. [Fit for counsel.]

7. Order for Receiver on Ex parte Application (g).

Upon the application of counsel [or the solicitor] for the plaintiff, and the plaintiff by his counsel [or solicitor] undertaking to be answerable for all sums to be received by the receiver hereinafter named [or to abide by any order the Court or a Judge may make as to damages in case the Court or a Judge shall hereafter be of opinion that the defendant shall have sustained any by reason of this order, which the plaintiff ought to pay] : It is ordered that R. R., of be in the [county] of appointed [without security] until the day of next [or further order] to receive the rents and profits of [or the moneys receivable in respect of] [here describe the property], but without prejudice to the rights of any prior incumbrancer or his possession (if any), and the tenants of the said estate are (without prejudice as aforesaid) to attorn and pay their rents in arrear and growing rents to the said R. R. so long as he shall continue to be such receiver, and that all questions as to passing his accounts and payments thereunder and all further questions be reserved until further order, the defendant to be at liberty to apply in the meantime, and the plaintiff to give notice of this order to the defendant forthwith. The plaintiff to be at liberty to take out a summons returnable on the day of, 19-, to continue the appointment of the receiver. [Costs reserved.] [Fit for counsel.]

8. Summons to continue Receiver appointed by above Order. [Formal parts as usual in application to Judge in Chambers] for an order continuing until after the trial of this action or further order the appointment of R. R., the receiver appointed by the order herein, dated the day of, 19, to receive [as in the order], and for an order that the costs of this application and of the application made by the plaintiff on the day of, 19-, be [costs in the cause].

(g) Receiver.]—The Judicature Act, 1873, s. 25, sub-s. 8 (ante, p. 218), empowers a Judge to appoint a receiver in any case where it appears to be just or convenient to do so; and this may be done when it is necessary to preserve or take care of property in dispute pending an action. The application may be made at any stage of the proceedings, even before the service of the writ, and by either plaintiff or defendant, and in urgent cases ex parte. It must be supported by an affidavit of facts. As to receivers by way of equitable execution, see post, Part VII.

9. Summons for Appointment of Receiver.

[Formal parts as usual in application to Judge in Chambers] for an order that a receiver be appointed herein to receive -, or that the plaintiff [or R. R., of -] be appointed receiver of the [stating shortly the purposes for which the receiver is required], and that the costs of this application be

10. Order thereon.

[Formal parts as usual.] Upon hearing [counsel on both sides], and upon reading the affidavits of L. M. and N. O., filed the

day of

19 [and the plaintiff by his (counsel) undertaking to be answerable for all sums to be received by the receiver hereinafter named] :

be

It is ordered that R. R., of, in the [county] of, appointed, without security [or remuneration], [or upon first giving security by bond to the satisfaction of one of the Masters of the Supreme Court (h)] until after the trial of this action or further order, to receive the rents and profits of [or the moneys receivable in respect of] [describe the property], but without prejudice to the rights of any prior incumbrancer or his possession (if any), [and the tenants of the said premises are (without prejudice as aforesaid) to attorn and pay their rents in arrear and growing rents to the said receiver so long as he shall continue to be such receiver], and that all questions as to passing his accounts and payments thereunder and all further questions be reserved until further order, the defendant [or either party] to be at liberty to apply in the meantime [or that such receiver shall, on the day of, 19 (three months from date of order (i)), and at such further and other times as may be hereafter ordered by the Master, leave and pass his accounts, and shall on (or before) the day of19-(one month after the three months (i)), and at such further and other times as may be hereafter ordered by the Master, pay the balance or balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be so paid, into Court to the credit of this action, subject to further order], and that the costs of and occasioned by this application be [costs in the cause]. [Fit for counsel.]

(h) By Ord. L., r. 16, “Where an order is made directing a receiver to be appointed, unless otherwise ordered, the person to be appointed shall first give security, to be allowed by the Court or a Judge and taken before a person authorized to administer oaths, duly to account for what he shall receive as such receiver, and to pay the same as the Court or Judge shall direct; and the person so to be appointed shall, unless otherwise ordered, be allowed a proper salary or allowance."

(i) By r. 18, "When a receiver is appointed with a direction that he shall pass accounts, the Court or Judge shall fix the days upon which he shall (annually, or at longer or shorter periods) leave and pass such accounts, and also the days upon which he shall pay the balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be paid by him."

11. Bond by Receiver, &c.

For forms of receiver's bond, and affidavit verifying his accounts, see the forms, post, Part VII.

12. Summons for Interlocutory Mandamus (k).

[Formal parts as usual in application to Judge in Chambers] for an order that the defendant [or respondent] be ordered and commanded, and that a mandamus [or mandatory injunction] be granted ordering and commanding him that he do [here set out the nature of the mandamus

or mandatory injunction sought].

(k) See the Judicature Act, 1873, s. 25, sub-s. 8, ante, p. 218, n. (a). A mandatory injunction should be worded in a direct mandatory form (Jackson v. Normanby Brick Co., [1899] 1 Ch. 438).

CHAPTER XIII.

INTERLOCUTORY ORDERS AS TO CUSTODY, INSPECTION, SALE, &C., OF PROPERTY.

1. Application for Order for Preservation or Interim Custody of Property, &c., under Ord. L., r. 1 (a).

[Formal parts as usual in application to Master] for an order that the [describe the property], referred to in paragraph of the statement

or as the case may order [or that the

(state the proposed

of claim herein [or as the case may be], may be deposited in Court [or with the Bank in the joint names of and require] pending the trial of this action or further preservation of may be secured by being method for preserving the property)] [or that some other order may be made for the preservation or custody of the said -], and that the costs of and occasioned by this application may be costs in the cause.

The order will vary according to the requirements of each particular case.

2. Application for Order under Ord. L., r. 3, as to Detention or Preservation of Property (b).

The preceding form, which may be easily adapted to meet this case, may used.

be

(a) Preservation, Custody, &c., of Property in Case of Contract.] - By R. S. C., Ord. L., r. 1, "When by any contract a primâ facie case of liability is established, and there is alleged as matter of defence a right to be relieved wholly or partially from such liability, the Court or a Judge may make an order for the perservation or interim custody of the subject-matter of the litigation, or may order that the amount in dispute be brought into Court or otherwise secured."

By r. 7, "An application for an order under Rule 1 of this Order may be made by the plaintiff at any time after his right thereto appears from the pleadings; or, if there be no pleadings, is made to appear by affidavit or otherwise to the satisfaction of the Court or a Judge."

The application should be made at Chambers in the summons for directions or by notice thereunder. A Master has jurisdiction.

(b) By Ord. L., r. 3, "It shall be lawful for the Court or a Judge, upon the application of any party to a cause or matter, and upon such terms as may seem just, to make any order for the detention, preservation, or inspection of any property or thing, being the subject of such cause or matter, or as to which any question may arise therein, and for all or any of the purposes aforesaid to authorize any person or persons to enter upon or into any land or building in the possession of any party to such cause or matter, and for all or any of the purposes aforesaid, to authorize any samples to be taken, or any observation to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence."

the

day of

3. Order for Deposit of Deeds, &c., in Central Office (c). [Formal parts as usual.] It is ordered that the defendant, on or before. 19-, place in a box [or envelope], in the presence of the solicitors of the plaintiff, the [describe the deeds or other things to be deposited], such box [or envelope] to be indorsed "In the High Court of Justice, King's Bench Division, B. v. D., 19—, No.-," and to be sealed in the presence of the solicitors of the plaintiff and defendant. And that the defendant on or before the day of -, 19-, deposit such sealed box [or envelope] in Court, and that the same shall not be opened or removed without the further order of the Court or a Judge. And that the costs of this application be

Dated the

day of

4. Order for Deposit of Property in Bank of England.

[Formal parts as usual.] It is ordered that the defendant [or his solicitor] place in a box, in the presence of the solicitor of the plaintiff, the several articles of specified in the schedule to the order, and that such box be sealed up by the defendant or his solicitor in the presence of the plaintiff's solicitor at the Law Courts Branch of the Bank of England, and be there deposited to the credit of this action on or before the day of —, 19—, and that the costs of this application be

Dated

5. Order for Inspection of Property deposited in Court.

Ledger credit to

[Title of cause or matter.]

[If same as title of cause, say] As above.

[and upon

which lodged: Upon hearing -1: It is ordered that the sealed box, indorsed "In the High Court of Justice, King's Bench Division [&c., following the words of the indorsement]," deposited in Court and lodged to the above Ledger Credit at the Bank of England (Law Courts Branch) on account of the Paymaster-General for and on behalf of the Supreme Court of Judicature, pursuant to the order of the Court [or a Judge] dated the day of 19-, be delivered out to the senior clerk for the time being of the General Filing Department of the Central Office of the High Court of Justice, and that the above-named [plaintiff] A. B. [and] be allowed to open the said box in the said General Filing Department

(e) By Ord. LXI., r. 30, "Where any deeds or other documents are ordered to be left or deposited, whether for safe custody or for the purpose of any inquiry in Chambers, or otherwise, the same shall be left or deposited in the Central Office, and shall be subject to such directions as may be given for the production thereof; but no effects of the suitors consisting of jewels or plate or other articles of a like nature, or negotiable securities, are to be deposited." See Central Office Practice Rules, r. 22.

C.F.

15