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6. Memorandum of Appearance when entered in a District Registry (g).

[Title, &c., of action as in form No. 1, ante, p. 760.]

Enter an appearance for [the above-named defendant] C. D. in this action.

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7. Notice of Entry of Appearance in a District Registry. [Use the form No. 7, ante, p. 72, adding the name of the district registry to the title of the action, as in form No. 1, ante, p. 760.]

8. Judgment in Default of Appearance or Pleading (k).

[Use the forms, ante, pp. 80-82 and pp. 147–150, adding the name of the district registry to the title of the action.]

(g) Appearance.]-By R. S. C., Ord. XII., r. 4, "If any defendant to a writ issued in a district registry resides or carries on business within the district, he shall appear in the district registry."

By r. 5, "If any defendant neither resides nor carries on business in the district, he may appear either in the district registry or at the Central Office."

By r. 6, "If a sole defendant appears, or all the defendants appear in the district registry, or if all the defendants who appear, appear in the district registry, and the others make default in appearance, then, subject to the power of removal in Order XXXV., Rules 13 to 16 provided, the action shall proceed in the district registry."

By r. 7, "If the defendant appears, or any of the defendants appear in London, the action shall proceed in London; provided that if the Court or a Judge shall be satisfied that the defendant appearing in London is a merely formal defendant, or has no substantial cause to interfere in the conduct of the action, such Court or Judge may order that the action may proceed in the district registry, notwithstanding such appearance in London."

(h) R. S. C., Ord. XII., r. 10 (ante, p. 71, n. (c)), requires the address for service to be within the district.

(i) R. S. C., Ord. XII., r. 11 (ante, p. 72, n. (e)), requires the address for service to be within the district.

(k) Judgment in Default of Appearance or Pleading.]-By Ord. XXXV., r. 2, "Where the writ of summons issues out of a district registry, and the plaintiff is entitled to enter interlocutory judgment under any of the Rules of Order XIII., or where the cause or matter is proceeding in the district registry and the plaintiff is entitled to enter interlocutory judgment under any of the Rules of Order XXVII., in either case such interlocutory judgment, and when damages shall have been assessed

9. Pleadings in Actions in District Registry (1).

[The ordinary forms, given in Part IV., ante, pp. 99 et seq., may be used, the name of the district registry being added to the title, as in form No. 1, ante, p. 760.]

the

10. Summons in District Registry (m).

[Title, &c., of action as in form No. 1, ante, p. 760.]

Let all parties concerned attend the District Registrar at the office of District Registry at, in

day, the day of

19. at

[naming the place], on o'clock in the [fore]noon,

on the hearing of an application on the part of the plaintiff [or defendant] [here insert the nature of the application. See the various forms throughout this work under the respective titles in the Index].

for

Dated the day of

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This summons was taken out [&c., conclude as in form No. 1, ante, p. 730].

11. Notice of Application to District Registrar.

[Title of action as in form No. 1, ante, p. 760.]

Take notice that the above-named plaintiff [or as the case may be] intends to apply to the District Registrar at the office of the

Registry at 19-, at

-day, the

District

[address of office], on day of o'clock in the [fore]noon, for [further directions in this [state the order to be applied for].

action, viz., for] an order that

Dated the

To Mr. Z.,

Solicitor for

day of

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(Signed) X. Y.,

Of
Solicitor for

final judgment, shall be entered in the district registry, unless the Court or a Judge shall otherwise order."

By Ord. XIII., r. 11, "Where a defendant fails to appear to a writ of summons issued out of a district registry, and the defendant had the option of entering an appearance either in the district registry or in the Central Office, judgment for want of appearance shall not be entered by the plaintiff until after such time as a letter posted in London on the previous evening in due time for delivery to him on the following morning ought, in due course of post, to have reached him.”

(1) By Ord. XXXV., r. 19, “Where a cause or matter is proceeding in a district registry, all pleadings and other documents required to be filed shall be filed in the district registry."

(m) Application to Registrar.]-By R. S. C., Ord. XXXV., r. 6, "Where a cause or matter is proceeding in a district registry the district registrar may exercise all such authority and jurisdiction in respect thereof as may be exercised by a Judge at Chambers, except such as by these Rules a Master is precluded from exercising." As to the authority of a Master, see ante, p. 729.

By r. 7, "Every application to a district registrar shall be made in the same manner in which applications at Chambers are directed to be made by these Rules."

12. Reference by District Registrar to Judge (n).

[The registrar should indorse the summons, or notice of application, thus:] This matter appears to me to be a proper one for the decision of a Judge, and under Order XXXV., Rule 8, of the Rules of the Supreme Court, I refer the same to the Judge at Chambers in London accordingly.

13. Notice of Appeal from District Registrar (0).

[See the form, ante, p. 732.]

14. Notice of Removal of Action from District Registry when removed as of

Right (p).

[Title, &c., of action as in form No. 1, ante, p. 760].

Take notice that the defendant C. D. desires this action to be removed to London.

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(n) Reference to Judge.]-By Ord. XXXV., r. 8, "If any matter appears to the district registrar proper for the decision of a Judge, the registrar may refer the same to a Judge, and the Judge may either dispose of the matter or refer the same back to the registrar with such directions as he may think fit."

(0) Appeal to Judge.]-By Ord. XXXV., r. 9, “Any person affected by any order, finding, or decision of a district registrar may appeal to a Judge. Such appeal may be made notwithstanding that the order or decision was in respect of a proceeding or matter as to which the district registrar had jurisdiction only by consent. Such appeal shall be by way of indorsement on the summons by the registrar at the request of any party, or by notice in writing to attend before the Judge without a fresh summons within six days after the party complaining has notice of the order, finding, or decision complained of, or such further time as may be allowed by a Judge or the registrar."

The appellant must enter the appeal in the Judge's Chamber list in London, and should request the Registrar to send to the Summons and Order Department, R. C. J., all necessary papers, to be used on the hearing of the appeal, which are filed in the registry (Central Office Pr. Rules, No. 20).

By r. 10, "An appeal from a district registrar shall be no stay of proceedings unless so ordered by a Judge or the registrar."

By r. 11, "Every district registrar and other officer of a district registry shall be subject to the orders and directions of the Court or a Judge as fully as any other officer of the Court, and every proceeding in a district registry shall be subject to the control of the Court or a Judge as fully as a like proceeding in London."

(p) Removal from District Registry by Notice.]-By R. S. C., Ord. XXXV., r. 13, “In any action which would, under the foregoing Rules, proceed in the district registry,

15. Certificate that Defence not delivered, and Time for Delivery not

expired (q).

[Title, &c., of action as in form No. 1, ante, p. 760.]

I hereby certify that the defence of the above-named defendant has not been delivered, and that the time for delivering the same has not expired. Dated the 19-. (Signed) D. Z., Solicitor for the above-named defendant

day of

[or C. D., the above-named defendant].

16. Summons to remove Action to or from District Registry (r).

Formal parts as usual] for an order that this action be removed from [or to] the District Registry to [or from] London [and that the costs of this application be].

[The order will follow the terms of the summons. The Registrar may add such terms as he may think fit.]

the action may, subject to Rule 14, be removed from the district registry as of right in the cases, and within the times, following

"(1) Where the writ is specially indorsed under Order III., Rule 6, and the plaintiff does not within four days after the appearance of such defendant give notice of an application for an order against him under Order XIV.; then such defendant may remove the action as of right at any time after the expiration of such four days, and before delivering a defence, and before the expiration of the time for doing so :

"(2) Where the writ is specially indorsed and the plaintiff has made such application as in the last paragraph mentioned, and the defendant has obtained leave to defend in manner provided by Order XIV.; then such defendant may remove the action as of right at any time after the order giving him leave to defend, and before delivering a defence, and before the expiration of the time for doing so : "(3) Where the writ is not specially indorsed under Order III., Rule 6, any defendant may remove the action as of right at any time after appearance, and before delivering a defence, and before the expiration of the time for doing so." By r. 14, " Any party or person desirous to remove an action as of right under the last preceding Rule may do so by serving upon the other parties to the action, and delivering to the district registrar, a notice, signed by himself or his solicitor, to the effect that he desires the action to be removed to London, and the action shall be removed accordingly: Provided, that if the Court or a Judge shall be satisfied that the defendant giving such notice is a merely formal defendant, or has no substantial cause to interfere in the conduct of the action, or that there is other good cause for proceeding in the district registry, such Court or Judge may order that the action may proceed in the district registry notwithstanding such notice."

(q) By Ord. XXXV., r. 15, “Except in Admiralty actions in rem, the notice for removal shall be accompanied by a certificate signed by the defendant or his solicitor that his defence has not been delivered, and that the time for delivering the same has not expired."

(r) Application to remove.]—By Ord. XXXV., r. 16, "In any case not provided for by Rules 13 and 14, any party to a cause or matter proceeding in a district registry may apply to the Court or a Judge, or to the district registrar, for an order to remove C.F. 49

17. Notice of Defendant's Address for service in London.

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

Take notice that, this action having been removed from the

District

Registry to London, my address for service in London in this action is [insert address within three miles from the principal entrance of the central hall at the Royal Courts of Justice].

To [Mr. Z., the solicitor (or agent) for] the above-named plaintiff.

(Signed) C. D., of

[Or X. Y., of (agent for W. Z., of -), solicitor for the above-named defendant.]

18. Entry for Trial in District Registry (s).

[Use the form, ante, p. 348, adding the name of the registry to the title.]

19. Julgment (†).

[The ordinary forms may be used, the name of the registry being added

to the title.]

the cause or matter from the district registry to London, and such Court, Judge, or registrar, may make an order accordingly, if satisfied that there is sufficient reason for doing so, upon such terms, if any, as shall be just."

By r. 17," Any party to a cause or matter proceeding in London may apply to the Court or a Judge for an order to remove the cause or matter from London to any district registry, and the Court or Judge may make an order accordingly, if satisfied that there is sufficient reason for doing so, upon such terms, if any, as shall be just." By r. 18, "Where, under the preceding Rules of this Order, a cause or matter is removed from a district registry, the defendant shall, upon such removal, give notice to the plaintiff of an address for service in London, in all respects as if the appearance had been originally entered in London."

Transmission of Documents to Central Office.]-By Ord. XXXV., r. 20, "Whenever a defendant appears in London to a writ issued out of a district registry, or any proceedings are removed from the district registry to London by notice under Rule 14 of this Order, or by order of the Court or a Judge, the district registrar shall transmit to the Central Office all original documents (if any) filed in the district registry, and a copy of all entries of the proceedings in the books of the district registry."

Removal of Documents from Registry.]—By Ord. XXXV., r. 22, “No affidavit or record of the Court shall be taken out of a district registry (except upon removal of the proceedings to London) without the order of a Judge or of the district registrar, and no subpoena for the production of any such document shall be issued."

(8) See ante, pp. 349, 350.

(t) Entry of Judgment.]-By Ord. XXXV., r. 3, "Where a cause or matter is proceeding in a district registry, and the judgment or any other order therein is directed to be entered in the Central Office, the same shall be so entered, and an office copy of every such judgment or order shall be transmitted to the district registry to be filed with the proceedings in the action."

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