rule, the summons shall be served in the mode, if any, prescribed by the Act, under which any such institution or society is established or regulated (a), and if no mode of service be thereby prescribed, then at the usual place of business of the institution or society, and if there be no such place of business, then according to the ordinary practice of the court. The order of the Commissioners of the Treasury, dated November 21st, 1856, sanctioning a schedule of fees to be taken on certain proceedings in the county courts, directs that for proceeding under the Friendly Societies Act, 1855, and the Industrial and Provident Societies Act, 1852, the same fees shall be taken as upon the entry and hearing of a plaint in the county court, regard being had to the amount in dispute; and if the application to the court is not for the payment of money, the fees shall be estimated upon the amount of the sum of money or penalty which the applicant may state that he shall apply to the court to order the payment of, in default of the other party refusing or neglecting to comply with the order of the court. The fees to be taken for the above proceedings are in no case to be estimated on more than £20. Rules of Practice and Forms of Proceedings in the Sheriff's Court of the City of London, under the Friendly Societies Acts, 18 & 19 Vict. c. 68, and 21 & 22 Vict. c. 101; allowed the 8th August, 1859. 1. The judge shall from time to time appoint the days for holding courts for the hearing and determination of all matters then pending in court relating to Friendly Societies, and a notice of the day on which such court will be holden shall be affixed in some conspicuous place in the office of the clerk of the court, and whenever any day so appointed for holding the court shall be altered, notice of such alteration shall immediately be posted in like manner. (a) See 21 & 22 Vict. c. 101, s. 7, supra, p. 67. 2. The judge may adjourn the court from time to time, or may refer any matter then pending in court, to be further considered and adjudicated upon at chambers. 3. The clerk of the court, the chief bailiff, and such other officers of the court as may be required, shall attend all the sittings of the court, and all adjournments thereof, and all sittings of the judge at chambers. 4. The clerk of the court and chief bailiff shall respectively keep books in the forms now used in the Sheriff's Court, which books shall be called " The Friendly Societies' Books," in which all proceedings taken and all orders made, in matters relating to Friendly Societies, and all fees taken and paid for, or in respect thereof, shall be duly entered, authenticated, and audited by the proper officers. 5. The person taking proceedings against any officer of a Friendly Society, in respect of a claim arising to him as a member thereof, or generally in relation to any Friendly Society, shall be deemed the plaintiff, and the person or persons, or society, summoned to answer his complaint, shall be deemed the defendant or defendants, and shall be so designated in the orders and proceedings of the court, but it shall be competent for the judge to direct in any case what person or officer of a society, or additional person, shall be made a party to the proceedings, either as plaintiff or as defendant, and thereupon if need be, and on such terms as to him shall seem fit, to adjourn the further hearing of the cause till such person or society be duly summoned to appear. 6. The enactments of the "London (City) Small Debts Act, 1852," shall so far as they relate to the costs of proceedings in the Sheriff's Court, and regulate the procedure thereof, be and be considered orders of court and rules of practice, as fully as if the same were herein verbatim repeated, and the rules of practice and orders for the time being in use in the court shall, subject to these orders, be adopted and used in reference to proceedings under the Friendly Societies Acts, so far as the same are applicable mutatis mutandis. 7. The plaintiff shall in all cases on entering his plaint, deliver at the office of the court as many copies of his demand or cause of complaint as there are defendants, and an additional copy to be filed with the proceedings. The demand or cause of complaint shall be considered part of the summons, and as nearly as may be in the form given in the schedule No. 1. 8. On entering his plaint the plaintiff shall receive a plaint note, according to the form in the schedule No. 2, and a summons according to the prescribed form, No. 3, shall, thereupon, be issued, served, and proceeded upon as nearly as may be, con, sistently with these rules and orders, according to the ordinary practice of the court. 9. Where it is sought to make any defendant or co-defendant, sued as a trustee, member of the committee of management, treasurer, or other officer of a Friendly Society individually responsible, service of the summons, or of any order of the court shall be effected, either by delivering a copy thereof to the defendant or by leaving such copy for him at his usual place of business or abode, according to the ordinary practice of the court. 10. In any proceeding against a Friendly Society, or in which a Friendly Society is a co-defendant, service of the summons, or of any order of the court or the society, shall be effected either by delivering a copy thereof to the secretary or other officer who has been made the defendant in such proceeding, or by leaving such copy for him at his place of abode, or at the usual place of business of the society within the district of the court. 11. An order that a party shall do some act, or that in default of doing it he shall pay a certain sum of money, shall be in the form of the schedule No. 5, and upon proof being made to the satisfaction of the court or judge by affidavit or otherwise, that the said order has been duly served, and that a demand has been thereupon made by the party entitled to have such order obeyed, and that the same has not been obeyed within the time limited for the performance thereof, an order shall issue in the form in the schedule No. 6. 12. The plaint note, summons, and other proceedings, and all the formal documents used or filed in court, shall be printed, or fairly and plainly written on good paper of one uniform size, that is to say, on the blue paper usually called foolscap, without unnecessary alterations or interlineations, and shall in all cases be entitled in the court and of the cause, and be otherwise entitled and numbered according to the forms in the schedule. Documents not in accordance with this rule shall be rejected, and any person failing to comply with it may be ordered to amend at his own cost, and if an adjournment be ordered, to pay in addition the costs of the day incurred by the other party or parties to the proceedings. 13. The forms in the schedule shall be used when applicable, but these forms may be varied and adapted to the circumstances of each particular case to which they do not directly apply. And we do further order and direct that notice be put up in some conspicuous place in the court, and in the clerk's office, that in respect of proceedings in the said Sheriff's Court under the said Friendly Societies Acts, the same fees are to be taken as in proceedings within the ordinary jurisdiction of the said court under "The London (City) Small Debts Extension Act, 1852," regard being had to the amount, if any, claimed by the plaintiff'; and that if the application to the court is not for the payment of money, the fees are to be estimated upon the amount of the sum of money or penalty which the plaintiff may state that he shall apply to the court to order the payment of, in default of the other party refusing or neglecting to comply with the order of court, the fees to be taken in no case being estimated at more than twenty pounds. TABLE OF DISTRIBUTION OF PERSONAL ESTATE OF INTESTATES. [22 & 23 Car. II. c. 10; 29 Car. II. c. 30.] If the Intestate die, Wife and child, or children...... Wife only. No wife or child His personal representatives take as follows: One-third to wife, rest to child or children; and if children are dead, then to their representatives (that is, their lineal descendants), except such child or children not heirsat-law, who had estate by settlement or intestate, in his lifetime, equal to other shares. Half to wife, rest to next of kin in equal degrees to intestate, or their legal representatives. All to next of kin and to their legal representatives. Child, children, or representa- All to him, her, or them. tives of them. Children by two wives Equally to all. If no child, children, or repre- All to next of kin in equal de grees to intestate. Half to child, half to grandchild, who takes by representation. Whole to him. Whole to father. |