under the superintendence of an officer of that department, and to inspect the contents of such box under the same superintendence. And that after such inspection the same be re-sealed by the parties in the presence of the said officer and be re-deposited by such senior clerk at the Bank of England to the credit and account aforesaid, subject to the further order of the Court [or a Judge], and that the costs of this application be

6. Application for Order under Ord. L., r. 3, for Inspection of Property, or to take Samples, or to make Experiments, &c. (d).

[Formal parts as usual in application to Master] for an order for the inspection of the [describing the property], the subject-matter of this action, and authorizing the plaintiff [and his agent or a valuer] to enter into the house and land of for that purpose [and to take samples of the said, and to make observations thereon, or to try experiments therewith], and that the costs of this application be

situate at

7. Application for Inspection of Property (e).

[Formal parts as usual in application to Master] for an order that the plaintiff [or defendant] be at liberty by himself and witnesses to inspect the defendant's [or plaintiff's] dwelling-house and premises at [or the horse, the subject-matter of this action, or as the case may be, or it might be generally, to inspect the property in question herein], and that the costs of the application and inspection be [costs in the cause]. [If the application be by the defendant, add, and that in the meantime all further proceedings be stayed.]

The form of order may be framed from the summons.

8. Application to Inspect a Mine.

[Formal parts as usual in application to Master] for an order that the plaintiff [or defendant] be at liberty, by himself [his solicitor] and witnesses [at all reasonable times, on (days') notice], to enter and

inspect the [defendant's] mine and mining operations at

(d) See note (b), ante, p. 224.

and to

See note (b), ante, p. 224. By R. S. C., Ord. L., r. 4, "It shall be lawful for any Judge, by whom any cause or matter may be heard or tried with or without a jury, or before whom any cause or matter may be brought by way of appeal, to inspect any property or thing concerning which any question may arise therein."

By r. 5, "The provisions of Rule 3 of this Order shall apply to inspection by a jury, and in such case the Court or a Judge may make all such orders upon the sheriff or other person as may be necessary to procure the attendance of a special or common jury at such time and place, and in such manner as they or he may think fit."

inspect the working plans relating thereto, and to make measurements and drawings of the said mine and mining operations, and copies of the said plans, so far as may be necessary or proper in order to ascertain whether [&c., as the case may require], and that the [defendant] give all reasonable facilities for the inspection and other matters aforesaid, and that the costs of this application and of the said inspection be [costs in the cause]. Dated [&c., conclude as usual].

of the

at

9. Application for Order for Sale of Property under Ord. L., r. 2 (ƒ). [Formal parts as usual in application to Master] for an order for the sale mentioned in the [or that the (horse) mentioned in the paragraph of the plaintiff's statement of claim be sold on (adding such terms as may be necessary or desirable, as: without prejudice to the rights of the parties in this action, and that the proceeds of the said sale, after deducting the expenses thereof, be paid into Court to abide the event of this action)].

The order may be framed from the terms of the summons.

10. Application for Inspection in Action for Infringement of Letters Patent (g). [Formal parts as usual in application to Master] for an order that the plaintiff [or defendant] be at liberty, by himself and witnesses, to inspect the defendant's [or plaintiff's] machinery by which is made the sold or exposed to sale, or put in use by the defendant [or plaintiff], at or elsewhere [other terms may be here added, such as: for the putting in motion of machinery, &c.], and that the costs of the application and inspection be costs in the action. [If the application be by the defendant, add, and that in the meantime all further proceedings herein be stayed.]

11. Application for Delivery up of Property detained under Lien or as Security, on Payment into Court of Amount (h).

[Formal parts as usual in application to Master] for an order that the [plaintiff] be at liberty to pay into Court £ [or the amount of money

(ƒ) By Ord. L., r. 2, "It shall be lawful for the Court or a Judge, on the application of any party, to make any order for the sale, by any person or persons named in such order, and in such manner, and on such terms as the Court or Judge may think desirable, of any goods, wares, or merchandise which may be of a perishable nature or likely to injure from keeping, or which for any other just and sufficient reason it may be desirable to have sold at once."

(g) By the Patents, Designs and Trade Marks Act, 1883, s. 30, "In an action for infringement of a patent, the Court or a Judge may, on the application of either party, make such order for an injunction, inspection or account, and impose such terms and give such directions respecting the same and the proceedings thereon as the Court or a Judge may see fit."

(h) By R. S. C., Ord. L., r. 8, " Where an action is brought to recover, or a defendant

in respect of which the (defendant) claims a lien on the mentioned in paragraph of the (plaintiff's statement of claim), or as security for which the (defendant) claims to retain the mentioned in -1, and such further sum, if any, for interest or costs as the Master may direct, to abide the event of this action, and that on such payment being made the

mentioned in paragraph

with given up to the [plaintiff].

of the

[or the said

The order may be framed from the terms of the summons.

-] be forth

12. Application for Medical Examination of Plaintiff in Railway

Accident Case (i).

[Formal parts as usual in application to Master] on the hearing of an application on the part of the defendants for an order that the plaintiff may be medically examined by, the defendants' medical adviser [or some other duly qualified medical practitioner to be named in the order], with regard to his alleged personal injuries complained of in this action, and that the costs of this application be

Dated [&c., conclude as usual].

13. Order thereon (k).

[Formal parts as usual.] It is ordered that the plaintiff be medically examined with regard to the personal injuries alleged to have been sustained by him for which this action is brought, by, the defendants' medical adviser, in the presence of the medical adviser of the plaintiff, at [plaintiff's house, or as the case may be], the defendants' solicitors to give to the plaintiff's solicitor [twenty-four hours'] notice of the time for such. examination. And that the costs of this application be.

in his defence seeks by way of counter-claim to recover specific property other than land, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court or a Judge may, at any time after such last-mentioned claim appears from the pleadings, or, if there be no pleadings, by affidavit or otherwise to the satisfaction of such Court or Judge, order that the party claiming to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum (if any) for interest and costs as such Court or Judge may direct, and that, upon such payment into Court being made, the property claimed be given up to the party claiming it."

(i) By 31 & 32 Vict. c. 119, s. 26. "Whenever any person injured by an accident on a railway claims compensation on account of the injury, any Judge of the Court in which proceedings to recover such compensation are taken, or any person who by the consent of the parties or otherwise has power to fix the amount of compensation, may order that the person injured be examined by some duly qualified medical practitioner named in the order, and not being a witness on either side, and may make such order with respect to the costs of such examination as he may think fit."

(k) The usual order is that the plaintiff be examined by the defendants' medical man in the presence of the plaintiff's medical man.

CHAPTER XIV.

COMPOUNDING PENAL ACTIONS (a).

1. Notice to Crown Officer, where Part of Penalty goes to the Crown (b).

This action is brought for the recovery of penalties to the amount of £, alleged to have been incurred by the above-named defendant under an Act of Parliament passed in the year of the reign of

intituled "An Act "And it has been agreed between the said plaintiff and defendant to apply to the King's Bench Division of the High Court of Justice for leave to compound this action, upon the defendant paying the sum of £- to our lord the King, and £- to the said plaintiff, together with the costs of this action, and of the said application, to be taxed [state the agreement according to the fart]: And take notice that the said King's Bench Division of the High Court of Justice will be moved instant [or next], or so soon thereafter as counsel can be heard, for leave to make the said composition.

on the

Dated

Το Esq.,

Master of the Crown Office.

Yours, &c., X. Y.,

Plaintiff's [or defendant's] solicitor.

2. Notice to the Treasury Solicitor, in the same Case.

Use the preceding form, but address it to "The solicitor for the affairs of his Majesty's treasury."

(a) See 1 Pr. 14th ed. 440.

(b) By R. S. C., Ord. L., r. 13, “ Leave to compound a penal action shall not be given in cases where part of the penalty goes to the Crown, unless notice shall first have been given to the proper officer; but in other cases it may be given without notice to any officer."

3. Affidavit to ground Motion for Leave to compound, where Part of Penalty goes to the Crown (c).

We, A. B., of

[Title, &c., as in preceding form.]

the above-named plaintiff, and X. Y., of his solicitor in this action, severally make oath and say as follows:And first I, the said A. B., for myself say,

1. This action is brought for the recovery of a certain penalty [or penalties], amounting to £, alleged to have been incurred by the above-named defendant under au Act of Parliament passed in the year of the reign of, intituled "An Act" [&c., here mention the stage of the action, as: and I have delivered a statement of claim in the said action against the defendant, and he has delivered his statement of defence thereto, &c.].

2. It has been agreed between me the said A. B. and the said defendant that an application should be made to this Honourable Court by and on behalf of myself and the said defendant for leave to compound the said action, upon the said defendant paying £— [half the composition] to our lord the King, and £- to me, together with the costs of this action and of the present application, to be taxed [state the agreement between the parties according to the fact].

3. What is above stated to be the agreement between me the said A. B. and the said defendant respecting the compounding the said action contains wholly and truly the terms upon which this action is intended to be compounded.

4. I, the said A. B., have not, nor has nor have any other person or persons for my use, received any sum or sums of money whatever for or on account of compounding the said action, nor is nor are any other person or persons by my order or by my appointment, or for my use or for the use of any other person or persons by my knowledge, or with my privity or consent, at any time or times hereafter, nor am I, to have or receive for or on account of compounding the said action more than the aforesaid sum of £——, and the costs to be taxed as above mentioned.

And I, the said X. Y., for myself say,

5. That I did on

last [or instant] serve, Esq., the solicitor for the affairs of his Majesty's treasury, with a true copy of the notice following,

that is to say [here copy the notice served on him].

Sworn [&c., as usual; see post, “ Affidavits "].

A. B.

Χ. Γ.

(c) When the Crown is concerned, and the consent of the Attorney-General has been obtained, the Court will generally grant the application almost as of course, but in other cases they often refuse to do so.