3. Judgment for Defendant dismissing Action where Plaintiff does not appear at Trial.

[Title, &c., as usual.]

Dated and entered the

This action having on the

hearing before, and the

plaintiff having failed to appear, and the defendant having thereupon become entitled under Order XXXVI., Rule 32, to judgment dismissing the action, and the said ordered that judgment be entered accordingly :

having

Therefore it is adjudged that this action do stand dismissed out of this Court with costs. And it is further adjudged that the defendant recover against the plaintiff his costs to be taxed.

The above costs [&c., as usual].

SECTION V.-MEMORANDUM TO BE INDORSED ON JUDGMENT REQUIRING ANY ACT TO BE DONE (p).

If you, the within-named A. B., neglect to obey this judgment [or order] by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the same judgment [or order].

of

SECTION VI.-AMENDMENT OF JUDGMENT.

Application to amend Clerical Mistake, &c. (pp).

[Formal parts as usual] for an order that the judgment herein [or order

R. S. C., Order XXVIII., Rule 11, by that the costs of this application be

-, 19-, be corrected, pursuant to [state correction desired] [and

-].

(p) By R. S. C., Ord. XLI., r. 5, "Every judgment or order made in any cause or matter requiring any person to do an act thereby ordered shall state the time, or the time after service of the judgment or order, within which the act is to be done, and upon the copy of the judgment or order which shall be served upon the person required to obey the same there shall be indorsed a memorandum in the words or to the effect" given above.

(pp) By Ord. XXVIII., r. 11, “ Clerical mistakes in judgments, or orders, or errors arising therein from any accidental slip or omission may at any time be corrected by the Court or a Judge, on motion or summons, without an appeal." See also r. 12, ante, p. 232.

SECTION VII.-EXTENSION OF JUDGMENT TO OR FROM SCOTLAND OR IRELAND (q).

1. The Certificate where Applicant is Plaintiff (r).

day of

I, M. M., a Master of the Supreme Court of Judicature in England, hereby certify that A. B., of, in the county of, in [England], [state the name and title, trade or profession, and usual or last known place of abode of plaintiff'], on the one thousand nine hundred and obtained judgment against C. D., of, in the [state the name and title, trade or profession Division

county of

in

and usual or last known place of abode of defendant], before the of the said High Court of Justice, for payment of the sum of £, on account of [state shortly the nature of the claim or ground, with the sum for costs, if any, and in case of a judgment obtained in an action, state whether it was obtained after appearance made by the defendant or after service (personal or otherwise) of the writ of summons on the defendant, as the case may be, e.g.: on account of] £- I due from the said C. D. to the said A. B. for the price of goods sold and delivered by the said A. B. to the said C. D., with the sum of £ for costs; which judgment was obtained after personal service of the writ of summons in the action on the said C. D., and in default of appearance by the said C. D. thereto [or as the case may be, stating on what step, default, or consent the judgment was obtained. Dated this 19-.

day of

(Signed) M. M.,

A Master of the Supreme Court of
Judicature in England.

2. The Certificate where Applicant is Defendant.

[Follow the preceding form down to the asterisk*, and then say] that C. D. [here state name, title, trade or profession, and usual or last known place of

(9) By the Judgments Extension Act, 1868 (31 & 32 Vict. c. 54), a judgment of the English or the Irish High Court, or the Scotch Court of Session, may be registered in any other of these Courts, and upon registration it acquires the force and effect of a judgment of the Court in which it is registered. Registration is obtained by presentation of the prescribed certificate. Under s. 3 of the Act "a decreet of registration in the books of Council and Session" may be registered in England, provided that it be capable of being enforced in Scotland by execution for debt, damages or costs.

(r) This form and the next are framed from those given in the schedule to the above-mentioned Act,

The Master's signature to the certificate is obtained by leaving the certificate ready

abode of the defendant], on the day of, 19-, obtained judgment against A. B. [here state name, title, trade or profession, and usual or last known place of abode of the plaintiff], before the King's Bench Division of the High Court of Justice in England, for payment of the sum of £ as costs of suit.

Dated this

day of

19-.

(Signed) M. M., A Master of the Supreme Court of Judicature in England.

[If the judgment was obtained in respect of a counter-claim, upon trial and verdict, adapt form No. 1, by stating that the defendant obtained judgment "for payment of the sum of £- on account of a counter-claim by the said C. D. against the said A. B. for(stating shortly the nature of the counter-claim), with £ for costs: which judgment was obtained upon the verdict at the trial of the (action and) counter-claim, at which trial the plaintiff appeared (or as the case may require) "].

3. The Certificate, where given by a District Registrar (s).

Use one or other of the preceding forms, but insert in the heading the naine of the district registry, and substitute for the name and title of a Master that of the District Registrar.

4. Affidavit to obtain the Certificate.

[Title, &c., of action as usual.]

I, X. Y., of, a solicitor of the Supreme Court of Judicature in England, the solicitor in this action for the above-named plaintiff A. B. [or defendant C. D], make oath and say as follows:

1. To the best of my knowledge, information and belief, the usual [or last known] place of abode of the above-named plaintiff A. B. is at in the [county] of [state the place of abode to be inserted in the certificate], and the said A. B. is a - [describe the plaintiff according to his title, trade or profession, as he is to be described in the certificate].

2. To the best of my knowledge, information and belief, the usual [or last known] place of abode of the above-named defendant C. D. is at in the [county] of [state the place of abode to be inserted in the

for his signature at the Writ Department of the Central Office, together with the requisite affidavit (form No. 4, infra), which must be filed.

(8) Where judgment has been signed in a district registry, the registrar has jurisdiction to give the certificate by R. S. C., Ord. XXXV., r. 6.

certificate], and the said C. D. is a

[describe the defendant according to

his title, trade or profession, as he is to be described in the certificate].

Sworn [&c., as usual].

This affidavit is filed [&c., as usual].

5. Minute of Presentation to be appended to the Certificate (t).

Presented for registration in terms of the Judgments Extension Act,

1868.

Y. Y.,

Signature of solicitor, lawagent or creditor, presenting for registration.

[Solicitor for the (plaintiff)].

6. Fieri Facius for Debt and Costs on an Irish or Scotch Judgment extended

In the High Court of Justice.

King's Bench Division.

to England.

On extension from the [King's Bench] Division of the
High Court of Justice in Ireland [or the Court of
Session in Scotland].

Edward the Seventh [&c., as usual (post, p. 390) to the word "lately," and then say:] before us in the [King's Bench] Division of our High Court of Justice in Ireland [or our Court of Session in Scotland] in a certain action there depending wherein A. B. is plaintiff and C. D. is defendant, by a judg ment of the said Division of our said Court in Ireland [or a decreet of our said Court in Scotland], bearing date the day of, 19—, adjudged [or decreed] to be paid by the said C. D. to the said A. B., together with the sum of £ for costs, as appears by a certificate registered on the day of, 19-, in the Register of Irish [or Scotch] Judgments in our High Court of Justice in England pursuant to the Judgments Extension Act, 1868. And that of the goods and chattels of the said C. D. in your bailiwick you further cause to be made the said sum of £ [the costs], together with interest thereon at the rate of £4 per centum per annum from the day of 19, and also the sum of £, being the reasonable costs and charges attendant upon the obtaining and registering the said certificate, as appears by a Master's certificate dated the - day of, 19—, together with interest thereon at the rate of £4 per centum per annum from the 19. And that you have that

day of

money and interest [&c., concluding as usual; see post, p. 391].

(t) This form is given in the schedule to the above-mentioned Act of 1868. If the judgment is more than twelve months old, the certificate cannot be registered without leave of the Court, or a Judge of the Court, in which registration is desired. (See the Act, ss. 1-3.)

7. The like, by a Defendant, for Costs.

[Follow the preceding form down to the asterisk*, and then say :] by the said A. B. to the said C. D. for costs, as appears by a certificate registered on the day of, 19, in the Register of Irish [or Scotch] Judgments in our High Court of Justice in England pursuant to the Judgments Extension Act, 1868. And that of the goods and chattels of the said A. B. in your bailiwick you further cause to be made the sum of £, being the reasonable costs and charges attendant [&c., as in the preceding form].

SECTION VIII.-REGISTRATION OF JUDGMENT IN YORKSHIRE

REGISTRY (u).

Memorial of Judgment or Order of Court for Registration in Yorkshire (x).

Title of cause

[fill in the title of, and names of the parties to, the action

or matter: or other proceeding in which the order was made].

Parties:

Order: [set out so much of the order as affects any lands within the Riding (2)).

Townships: [set out the names of any township, parish or place for which a separate poor rate can be made, wherein any of the lands are situate.] (Signed and sealed) [John Smith, (L.S.)

Of No. 2, John Street, Wakefield, hotel-keeper (a).]

(u) A judgment or order affecting any land situate within the district of a Yorkshire registry should be forthwith registered in that registry; otherwise it will (except in cases of fraud) be defeated by an assurance of later date if first registered. (See 47 & 48 Vict. c. 54.)

Registration is effected by presenting the prescribed memorial for enrolment in the registry.

(☛) This memorial is in the form No. 9 prescribed by Rule 6 of the West Riding of Yorkshire Registry Rules, 1885, which are identical with those of the North and East Riding Registries.

(y) These blanks will be filled in by the registry officials.

(z) An office copy of the order must be produced to the registrar, who will indorse thereon a certificate of registration (Yorkshire Registries Act, 1884, ss. 8, 9).

(a) The memorial must be under the hand and seal of the person on whose behalf it is to be registered, and his residence and occupation must appear somewhere on the face of it.

C.F.

25