day of herein, dated the 19, to carry on and prosecute the proceedings in this action [according to the terms of the order]. Dated the (Signed) Of ·(e). [whose address for service is -], 4. Application to vary or discharge Order (f). [Formal parts as usual upon application to Master] for an order that the order herein, dated, whereby it was ordered that the further proceedings in this action be continued between terms of order] be discharged [or be varied by and follow the stating the variation desired], and that the costs of and occasioned by such order and this application be paid by [The application should, as a rule, be supported by an affidavit stating shortly the grounds on which it is made.] 5. Application to compel Executor of deceased Plaintiff to proceed (g). [Formal parts as usual upon application to Master] for an order that unless E. E., the executor [or administrator] of the above-named plaintiff A. B. who has died, do within [seven] days from the date of such order proceed with this action, by obtaining leave to carry on the same against (e) If this address be beyond three miles from the Royal Courts of Justice, an address for service within three miles thereof must be added. (See ante, p. 71, n. (c).) (f) Variation or Discharge of Order.]—By Ord. XVII., r. 6, "Where any person who is under no disability or under no disability other than coverture, or being under any disability other than coverture, but having a guardian ad litem in the cause or matter, shall be served with such order as in Rule 4 mentioned, such person may apply to the Court or a Judge to discharge or vary such order at any time within twelve days from the service thereof." By r. 7, "Where any person being under any disability other than coverture, and not having a guardian ad litem in the cause or matter, is served with any order as in Rule 4 mentioned, such person may apply to the Court or a Judge to discharge or vary such order at any time within twelve days from the appointment of a guardian ad litem for such party, and until such period of twelve days shall have expired such order shall have no force or effect as against such last-mentioned person." (g) Proceedings where Party dies and Action is not continued.]—By Ord. XVII., r. 8, "When the plaintiff or defendant in a cause or matter dies, and the cause of action survives, but the person entitled to proceed fails to proceed, the defendant (or the person against whom the cause or matter may be continued) may apply by summons to compel the plaintiff (or the person entitled to proceed) to proceed within such time as may be ordered and in default of such proceeding, judgment may be entered for the defendant, or, as the case may be, for the person against whom the cause or matter might have been continued; and in such case, if the plaintiff has died, execution may issue as in the case provided for by Order XLII., Rule 23." the defendant [or against F. F., the executor (or administrator) of the above-named defendant who has died], the defendant [or the said F. F.] be at liberty to sign judgment for the costs of the defence herein and of this application, and to issue execution thereon. And that the said E. E. pay the costs of and occasioned by this application in any event. [The application should be supported by an affidavit of the facts.] 6. Certificate of Abatement of Cause or Matter, or Change of Interest (h). [Title, &c., as usual.] I hereby certify that this action [or matter] has become abated [or that a change of interest has taken place in this action (or matter)] by reason of [here state the cause of the abatement or change of interest]. Dated the day of 19-. (Signed) X. Y., 7. Application for Leave to issue Execution where a Change has taken place by Death or otherwise in the Parties entitled or liable to Execution. See the forms, ante, p. 457. CHAPTER III. PROCEEDINGS BY AND AGAINST PEERS AND MEMBERS OF PARLIAMENT. The forms of proceedings by and against peers and members of parliament are the same as in ordinary cases. A peer should be described by his christian name and title, for instance, thus :— The Most Noble J. J. R., Duke of R. The Most Honourable T. H., Marquis of B. The Right Honourable F. T., Earl of C. The Right Honourable W. V., Baron F. The Right Reverend W., Lord Bishop of O. (h) Certificate of Abatement or Change of Interest.]—By Ord. XVII., r. 9, “Where any cause or matter becomes abated, or in the case of any such change of interest as is by this Order provided for, the solicitor for the plaintiff or person having the conduct of the cause or matter, as the case may be, shall certify the fact to the proper officer, who shall cause an entry thereof to be made in the Cause Book opposite to the name of such cause or matter." By r. 10, "Where any cause or matter shall have been standing for one year in the Cause Book marked as 'abated,' or standing over generally, such cause or matter at the expiration of the year shall be struck out of the Cause Book." If a party has a courtesy title, it should be stated; for instance, thus :The Honourable M. M., commonly called Lord M. M. There is no occasion to state that peers have privilege of peerage. Nor is there any occasion to state that a member of parliament is such, or that he has privilege of parliament. As to the privilege from arrest, see In re Anglo-French Co-operative Society, 14 Ch. D. 533; In re Gent, 40 Ch. D. 190; In re Armstrong, [1892] 1 Q. B. 327; 2 Pract. 14th ed. 1036. CHAPTER IV. ACTIONS AGAINST PUBLIC AUTHORITIES. [As a rule, notice of action is not necessary, but the action must be brought within six months next after the act, neglect or default complained of (a). For forms as to tender of amends before action, see ante, 'p. 26. For form of demand of copy of warrant from constable or gaoler, see ante, pp. 25, 26. As to actions against justices of the peace, &c., see 2 Pract. 14th ed. 1038 et seq.] 1. Writ of Summons. The same as in ordinary cases. 2. Plea of Tender of Amends before Action (b). The defendant did the alleged acts complained of, if at all, in pursuance or execution or intended execution of [state the statute, or public duty or authority, relied on, e.g., intended execution of (section of) the Public Health Act, 1875, or intended execution of his public duty or authority as and being sheriff of ]; and subsequently before action brought the defendant on the day of 19-, tendered and offered to pay to the plaintiff £— as amends for the said alleged acts, the same being sufficient amends therefor, but the plaintiff refused to accept the same; and the defendant [whilst denying liability] brings into Court £ and says that that sum is sufficient to satisfy the plaintiff's claim in respect of the said alleged acts. 3. The like Plea. The defendant says that the plaintiff's claim in this action is in respect of alleged neglects or defaults by the defendant in the execution of (a) See the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61). As to costs, see s. 1 (b), (c), (d). (b) See the P. A. P. Act, 1893, s. 1 (c). [state the statute, or public duty or authority; see the preceding form], and subsequently before action brought the defendant [&c., adapting the preceding form]. 4. Plea that Action was not brought within the prescribed Time (c). The plaintiff's claim in this action is in respect of alleged acts, neglects and defaults committed, if at all, in pursuance, execution or intended execution of [state the Act of Parliament, or public duty or authority, relied on]; and the same were committed, if at all, and the alleged injury and damage, if any, ceased, more than six months before the commencement of this action; and this action is barred by the Public Authorities Protection Act, 1893. 5. Plea of General Issue. As a rule, this plea is not now permissible (d). CHAPTER V. ACTIONS AGAINST INHABITANTS OF DISTRICT. 1. Writ of Summons (a). [The same as usual, but describing the defendants as:] men inhabiting within the [state nature of district] of --, in the [county] of 2. Fi. fa. against the Inhabitants of a District. Proceed as in the ordinary form of a fi. fa. on a julgment for plaintiff as ante, p. 390, down to the words the goods and chattels of, inclusive, and then proceed thus: the men inhabiting within the [state nature of district] called in your bailiwick, you cause to be made [&c., proceed as usual, describing the defendants as in the writ, and conclude as in ordinary cases; see ante, p. 391.] (e) See the P. A. P. Act, 1893, s. 1 (a). (d) See the P. A. P. Act, 1893, s. 2 (d). (a) By R. S. C., Ord. IX., r. 8 (ante, p. 76, n. (e)), a writ of summons issued against the inhabitants of a hundred, or other like district, may be served on the high constables thereof, or any one of them. If there is no high constable, the writ may be served on any other acting chief officer of police of the county. By the Riot (Damages) Act, 1886 (49 & 50 Vict. c. 38), actions to recover compensation for damage to property damaged by persons riotously and tumultuously assembled together, must now be brought against the "police authority," as defined by that Act, and not, as formerly, against the hundredors. The claim for compensation must be made and prosecuted in the manner directed by the Act. The county council is now a "police authority" under the above Act (see 51 & 52 Vict. c. 41, s. 3 (xiv.)). CHAPTER VI. PROCEEDINGS BY AND AGAINST CORPORATIONS, COMPANIES, ETC. (@). II. Banking Companies suing or being sued in the Name 521 III. Companies established by Letters Patent under 7 Patent 526 IV. Railway and similar Companies under Companies V. Companies registered under the Companies Acts, 1862 to 1900 VI. Friendly and other Societies, and Trades Unions SECTION I.-CORPORATIONS IN GENERAL. 527 The forms are the same as in ordinary cases, the corporation being named by its corporate name, for instance, thus : The Mayor, Commonalty and Citizens of the City of L. The Mayor, Aldermen and Burgesses of the Borough of T. As to the service of the writ on a corporation, see Ord. IX., r. 8 (ante, p. 76, n. (e)) (b). As to interrogatories, see Ord. XXXI., r. 5 (ante, p. 266, n. (c)). As to discovery in aid of execution, see Ord. XLII., r. 32 (ante, p. 452, n. (s)). By R. S. C., Ord. XLII., r. 31, "Any judgment or order against a corporation wilfully disobeyed may, by leave of the Court or a Judge, be enforced by sequestration against the corporate property, or by attachment against the directors or other officers thereof, or by writ of sequestration against their property." See ante, pp. 435 et seq., 469 et seq. See, further, 2 Pr. 14th ed. 1050. 2. Affidavit of Service on Foreign Corporation. [Formal parts, &c., as usual (see, for instance, form No. 7, ante, p. 78), but describe the service thus] I did on the day of 19-, at in (a) See, generally, 2 Pr. 14th ed. 1050 et seq. The Stannaries Act, 1869 (32 & 33 Vict. c. 19), s. 13, enables mining associations conducted on the cost-book principle to sue their members for calls in the name of the purser of the mine as nominal plaintiff. (b) The Rule provides that a writ of summons issued against a corporation aggregate |