(J) Seduction]. For that the defendant debauched and carnally knew M. G., then being the daughter and servant of the plaintiff, whereby the said J. G. became pregnant, and was delivered of a child; and the plaintiff thereby lost her services, and incurred expense in nursing and obtaining medical assistance and attendance for her; and the plaintiff claims £100 damages.

Above is the statement of the plaintiff's cause of action.

[N.B.-The above forms are only given as examples; and the statement of the plaintiff's cause of action must in all cases be according to the facts, and be as concise as possible.]

7. Plaintiff's Particulars of Parties (u).

[Follow the preceding form down to the asterisk, *, and then say :] The following are [&c., as in form No. 5, ante, p. 800, and see note thereto.]

8. Notice of Special Defence (u).

[Follow the form No. 6, p. 804, down to the asterisk, *, and then say :] Take notice [&c., as in form No. 6, ante, p. 800.]

9. Notice by Defendant under 6 & 7 Vict. c. 96, s. 1, in remitted Action for Libel or Slander (x).

[Title, &c., as in form No. 6, ante. p. 804.]

Being an action for libel [or slander] commenced in his Majesty's High Court of Justice, and remitted by order of a Judge [or Master, or District Registrar] thereof under section 66 of the County Courts Act, 1888, to be tried before this court.

Take notice that the defendant on the trial of this action will give in evidence, in mitigation of damages, that he made [or offered] an apology to the plaintiff for the libel [or slander] complained of, before the commencement of the action [or as soon after the commencement of the action as he had an opportunity of doing so].

(u) See ante, p. 800, n. (ƒ).

() By the C. C. Rules, 1889, Ord. XXXIII., r. 4, "Where in any action for libel or slander remitted under section 66 of the Act to be tried in a county court, the defendant intends to avail himself of the provisions of sections 1 and 2 of the Act 6 & 7 Vict. c. 96, he shall give notice in writing of such intention, signed by himself or his solicitor, to the registrar five clear days before the day appointed for the trial of the action."

Forms Nos. 9 and 10 are given in the C. C. Rules. 1889, App., Nos. 96 and 97.

[The said apology was made or offered on the by a letter from the defendant to the plaintiff.]

To the registrar of the court,

and to the plaintiff.

10. Notice by Defendant under 6 & 7 Vict. c. 96, s. 2, in remitted Action for

Libel (y).

[Title, &c., as in form No. 6, ante, p. 804.]

Being an action for libel commenced in his Majesty's High Court of Justice (y), and remitted by order of a [Judge] thereof under section 66 of the County Courts Act, 1888, to be tried before this court.

Take notice that the defendant on the trial of this action will give in evidence and rely upon the following ground of defence (that is to say) :— That the libel was inserted in the newspaper called or known by the name of without actual malice, and without gross negligence, and that before the commencement of the action [or as soon after the commencement of the action as he had the opportunity of doing so] the defendant inserted in the said newspaper [or offered to publish in any newspaper or periodical publication to be selected by the plaintiff] a full apology for the said libel, and that the defendant has paid into court £ by way of amends for the injury sustained by the plaintiff by the publication of the said libel.

[N.B.-If the libel was published in any periodical publication other than a newspaper, alter the notice accordingly.]

11. Notice of Trial (z).

[Follow form No. 6, ante, p. 804, down to the asterisk, *, and then say :] Take notice that this action will be tried at a court to be holden on the

day of

19-, at

o'clock in the [fore]noon.

[Dated, &c., as in form No. 7, ante, p. 802.]

[N.B.—To the notice sent to the defendant the registrar must annex a copy of the statement of the plaintiff's cause of action.]

12. Further Proceedings (a).

The further proceedings will be the same as those in an ordinary county court action.

(y) See n. (r), supra.

() This form, No. 11, is given in the C. C. Rules, 1889, App., No. 76.

(a) See C. C. Act, 1888, s. 66, ante, p. 802, n. (r).

SECTION III.-TRANSFER OF INTERPLEADER PROCEEDING (b).

1. Order transferring Interpleader Proceeding to County Court. See the form No. 15, ante, p. 719.

2. Particulars to be delivered by Claimant when Interplealer transferred (c). In the County Court of, holden at

Between A. B.

[Address and description],

and

C'. D.

[Address and description].

Being an interpleader proceeding commenced in the High Court of Justice and transferred to this court by order of a Judge at Chambers or Master, or District Registrar] under section 17 of the Supreme Court of Judicature Act, 1884.

The following are the names and addresses of the parties and solicitors to the interpleader proceeding directed to be transferred to this Court by order dated the - day of

Viz.

19-:

of the claimant : A. B., of [&c., address and description].

of his solicitor C. D., of [&c., address and description].

of the execution creditor: E. F., of [&c., address and description]. of his solicitor: G. H., of [&c., address and description].

(b) Transfer of Interpleader Proceeding.]-By the Judicature Act, 1884, s. 17, if it appear to the Court or a Judge that any proceeding commenced in the High Court by way of interpleader, in which the amount or value of the matter in dispute does not exceed £500, “may be more conveniently tried and determined in a county court, the Court or Judge may at any time order the transfer thereof to any county court in which an action or proceeding might have been brought by any one or more of the parties to such interpleader against the others or other of them, if there had been a trust to be executed concerning the matter in question."

(e) By the C. C. Rules, Ord. XXXIII., r. 9 (1), “Where a proceeding by way of interpleader has been transferred to a county court under the powers given by section seventeen of the Supreme Court of Judicature Act, 1884, the claimant shall lodge with the registrar the order transferring the proceeding, or a duplicate or copy thereof, under the seal of the High Court of Justice, together with office copies of all affidavits used on the application to the High Court of Justice, and a copy of the issue, if any, directed to be delivered between the parties by any order of the said High Court, and also a statement in writing setting forth the names and addresses of the several parties to such proceeding, and their solicitors, if any, and concisely the nature of the proceeding transferred, together with a request to enter the same for hearing. The registrar shall thereupon enter the proceedings for hearing and give notice of the day, time, and place for the hearing of the proceedings to the London agent of the undersheriff, and to the execution creditor, and to the claimant ten clear days before such day, unless any shorter notice be directed in the order transferring the proceeding." The above form is given in the C. C. Rules, App., No. 77. As to the further proceedings in the county court, see those Rules, Ord. XXIII., rr. 9A et seq.

The proceeding transferred is an issue to try whether certain goods seized by the sheriff of under an execution from the High Court in an action in which the said E. F. was plaintiff and J. K. defendant, are the property of the said A. B., the claimant, or of the said E. F., the execution creditor (sic) (d).

I request that the said issue may be entered for hearing.

To the registrar.

(Signed) A. B. [or C. D.],

[Solicitor for the] claimant.

(d) Cf. the issue as stated in form No. 16, ante, p. 720, which seems preferable.

CHAPTER IV.

REMOVAL OF ACTIONS FROM INFERIOR COURTS.

SECTION I. Removal before Judgment

II. Removal after Judgment in Aid of Execution

PAGE

. 810 817

SECTION I. REMOVAL BEFORE JUDGMENT.

1. Application to remove Action from County Court, under the County Courts Act, 1888, s. 126 (a).

In the High Court of Justice.

King's Bench Division.

In the matter of a plaint in the County Court of

at

[Formal parts as usual in application to Master] for an order that the above-mentioned action commenced in the county court of—, holden between A. B., plaintiff, and C. D., defendant, plaint No. be removed into the King's Bench Division of the High Court of Justice, pursuant to the County Courts Act, 1888, section 126 [and that the costs of and occasioned by this application and the removal of the said action. be].

Dated [&c., concluding as usual].

(a) By the County Courts Act, 1888, s. 126, "It shall be lawful for the High Court or a Judge thereof to order the removal into the High Court, by writ of certiorari or otherwise, of any action or matter commenced in the court under the provisions of this Act, if the High Court or a Judge thereof shall deem it desirable that the action or matter shall be tried in the High Court, and upon such terms as to payment of costs, giving security, or otherwise, as the High Court or a Judge thereof shall think fit to impose." (See also s. 124, ante, p. 784.)

The application for removal should, as a rule, be made to a Master in Chambers ex parte, but the Master often directs a summons. As to a second application, where one has already been refused, see ante, p. 794, n. (k).