the Koran, and puts the other hand on his forehead, bringing his forehead down to, and in contact with, the book. He then looks up for some time. 7. For a Parsee.]--The witness, placing his hand on the Zendavesta, says I swear that the evidence I shall give shall be the truth, by God, God Omnipresent, God Omnipotent, the God Almighty. 8. For a Chinese.]-- The witness kneels down: a china saucer being placed in his hand, he strikes and breaks it: this oath is then administered: You shall tell the truth, the whole truth, and nothing but the truth: the saucer is cracked, and if you do not tell the truth, your soul will be cracked like the saucer. 4. Affirmation on giving Evidence vivâ voce. 1. By a Witness who objects to be sworn, and states as the ground of such objection that he has no religious belief, or that the taking of an oath is contrary to his religious belief (i).]--I, A. B., do solemnly, sincerely and truly declare and affirm that the evidence I shall give to the Court [and jury, or as the case may be] touching the matters in question shall be the truth, the whole truth, and nothing but the truth. [He must use the words of the oath prescribed by law, omitting any words of imprecation or calling to witness.] 2. By a Quaker or Moravian (k).]—I, A. B., being one of the people called Quakers [or one of the United Brethren called Moravians], do solemnly [&c., as in the last form, supra]. 3. By a former Quaker or Moravian (1).]—I, A. B., having been one of the people called Quakers [or one of the United Brethren called Moravians], and entertaining conscientious objections to the taking of an oath, do solemnly [&c., as in the last form but one, supra]. 5. Oath on stating Matters to the Court. You shall true answer make to all such questions as the Court shall demand of you [or as shall be put to you (m)]. So help you God. 6. Oath for Interpreter in Court. You shall well and truly interpret and explanation make to the Court [the jury] and the witness, of all such matters and things as shall be required of you, to the best of your skill and understanding. So help you God. (i) See the Oaths Act, 1888 (51 & 52 Vict. c. 46), ss. 1, 2. (7) See 1 & 2 Vict. c. 77. (m) This is the form in general use at Judge's Chambers. CHAPTER VI. NOTICES, APPLICATIONS FOR TIME-MONTH'S NOTICE TO PROCEED. 1. General Form of Notice (a). [Title, &c., of action as usual.] Take notice that [here state concisely the subject-matter of the notice. See the form under the particular title in the Index]. Dated the To C. D., the day of above-named defendant [or L. M., solicitor (or agent, &c.) for C. D., the above-named defendant]. 2. Application for Time (b). [Title, &c., of action as usual.] Take notice that the plaintiff [or defendant] requires further time to [deliver his statement of claim herein, or as the case may be], and I hereby (a) By R. S. C., Ord., LXVI., r. 1, “All notices required by these Rules shall be in writing, unless expressly authorized by a Court or Judge to be given orally." (b) Extension of Time by Consent.]-By R. S. C., Ord. LXIV., r. 8, "The time for delivering, amending, or filing any pleading, answer, or other document may be enlarged by consent in writing, without application to the Court or a Judge." Order for Extension of Time.]—By Ord. LXIV., r. 7, “The Court or a Judge shall have power to enlarge or abridge the time appointed by these Rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed." Costs of Application for Extension of Time.]—By Ord. LXV., r. 27, sub-r. 24, "The costs of applications to extend the time for taking any proceedings shall be in the discretion of the taxing officer unless the Court or Judge shall have specially directed how the costs are to be paid or borne. The taxing officer shall not allow the costs of more than one extension of time, unless he is satisfied that such extension was necessary, and could not, with due diligence, have been avoided. The costs of a summons to extend time shall not be allowed in cases to which Rule 8 of Order LXIV. applies, unless the party taking out such summons has previously applied to the opposite party to consent, and he has not given a consent, to a sufficient extension of time, or the taxing officer shall consider there was a good reason for not making such application; and in case the taxing officer shall not allow the costs of such summons, and shall consider that the party applying ought to pay the costs of any other party occasioned thereby, he may direct such payment, or deal with such costs, in the manner provided by Regulation 21." on his behalf apply to you for a consent to his having [a week's] time from this date for that purpose. The application may be, and generally is, embodied in a letter, but the above formal application may be used. 3. Consent to give Time. [Title, &c., of action as usual.] I hereby on behalf of the plaintiff [or defendant] consent to the defendant [or plaintiff] having [a week's] further time from the date instant, or last] to [deliver his 4. Summons or Notice of Application for Extension of Time. [Formal parts as usual] for an order that the plaintiff [or defendant] have a week's time [or further time] to [stating the act or thing for which time is required, or when the application is made after the time limited by the Rules has expired, say that notwithstanding the time limited by the Rules of the Supreme Court for his so doing has expired, the plaintiff be at liberty to]. [See form of notice of motion to extend time for appealing to the Court of Appeal, ante, p. 490, and of petition to extend the time for appealing to the House of Lords, ante, p. 501.] (c) The above form is given in R. S. C., App. K., No. 5. By Ord. LII., r. 14 (ante, p. 725), no order simply enlarging time need be drawn up. 6. Month's Notice to proceed (d). [Title, &c., of action as usual.] Take notice that the plaintiff [or defendant] intends to proceed in this cause after the expiration of one calendar month from the date hereof by [here describe the step which the party intends to take]. Dated the day of 19-. To the defendant [or plaintiff], and to Mr. Z., his solicitor [or agent]. Yours, &c., X. Y., Plaintiff's [or defendant's] solicitor. (d) Month's Notice to proceed.]-By R. S. C., Ord. LXIV., r. 13, "In any cause or matter in which there has been no proceeding for one year from the last proceeding had, the party who desires to proceed shall give a month's notice to the other party of his intention to proceed. A summons on which no order has been made shall not, but notice of trial although countermanded shall, be deemed a proceeding within this Rule." It is usual to state in the notice the proceeding intended to be taken (see Burlington v. Richardson, 22 L. J. Q. B. 385). PART XIII. PROCEEDINGS IN DISTRICT REGISTRIES (a). 1. Writ of Summons in ordinary Action issued out of District Registry. Edward the Seventh, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, (a) What Proceedings may be taken therein.]—By R. S. C., Ord. V., r. 1, “In any action other than a probate action, the plaintiff, wherever resident, may issue a writ of summons out of any district registry." By R. S. C. of May, 1887, r. 1, “ Originating summonses may be sealed and issued in the district registries of Liverpool and Manchester respectively, and appearances thereon shall be entered in the same respective registries. . ." By R. S. C., Ord. XXXV., r. 1, "Where a cause or matter is proceeding in a district registry, all proceedings, except where by these Rules it is otherwise provided, or the Court or a Judge shall otherwise or er, shall be taken in the district registry, down to and including the entry of final judgment, and every final judgment and every order for an account, by reason of the default of the defendant, or by consent, shall be entered in the district registry in the proper book, in the same manner as a like judgment or order in an action proceeding in London would be entered in the Central Office." By rr. 5 and 5A, "Where a cause or matter is proceeding in a district registry, all proceedings relating to the following matters, namely: "(a) Leave to enter judgments under Order XVI., Rules 50 and 51 ; (b) Leave to issue or renew writs of execution; "(c) Examination of judgment debtors for garnishee purposes, or under Order XLII., Rule 32; (d) Garnishee orders; "(e) Charging orders nisi; (f) Interpleader orders; shall, unless the Court or a Judge shall otherwise order, be taken in the district registry." Forms.]-By R. S. C., Ord. XXXV., r. 24, “The forms contained in the appendices shall, so far as they are applicable, be used in and for the purposes of district registries, with such variations as circumstances may require." The forms Nos. 1 to 5 here given are framed from those given in R. S. C., App. A., Pt. I., Nos. 3 to 8 and 10. (b) Name of Registry.]-By R. S. C., Ord. V., r. 13, every action is to be dis |