PAYMENT INTO COURT-continued. In other cases, to abide event, 288 by debtor, &c., sued for debt assigned, 28 sequestration, &c., to enforce order for, 382 statutory provisions as to, may be adapted to the new courts, 115 PENSIONS. See Salaries and Pensions. PER-CENTAGES, power to fix fees and per-centages, 116-120 PERSON, defined, 444 PETITION, "plaintiff" applicable to petitioner, 93 "petitioner" applicable to applicant by motion or summons, 93 "pleading" applicable to petition, 93 exception of petitions from certain rules of pleading, 259 As to election petitions, see Election Petitions. PETTY SESSIONS, appeals from, how heard, 55 no appeal from High Court without leave, 55 PLAINTIFF, definition of, 93 PLEADING, defined, 93 General provisions, abolition of old rules, 248 ordinary pleadings, and costs of prolixity, 248 set-off, and counterclaim, 249, 255, 263. See Set-off, Counter- claim. contents of pleading, 252, 253 signature of counsel, 252 pleading evidence, matters of law, &c., 253 printing, 253 delivery of pleadings between the parties, 253, 254, 413, 414 filing in lieu of delivery in case of non-appearance, 253, 254 delivery of copies of pleadings to make up record, 324, 361 not to be delivered in Long Vacation, 412 statement of relief sought, 254, 255 distinct claims or defences, 255. of Action. See also Joinder of Causes denial of representative character, &c., of party, 256 denial of interest in Probate action, 256 pleas in abatement abolished, 256 new assignment abolished, 256 defence in action for land, 257 PLEADING continued. General Provisions—continued. not guilty by statute, 257 admission of allegations not denied, 258, 286, 360 inconsistent pleadings, 259 specific denial, 259 evasive denial, 260 scandalous or embarrassing matter, 275 contents of documents, 260 denial of contract, 260 Statute of Frauds, 260 implied contract, 261 Statute of Limitations, 258 malice, fraud, notice, 261 burden of proof, 261 statement of claim, 264-267. See Statement of Claim. pleadings subsequent to reply, 259, 273, 274 demurrer, 278-282. See Demurrer. Forms, 488-540 Preliminary Act in Admiralty action, 262 effect of joining issue, 259. See also Joinder of Issue. judgment on admissions, 359, 360 Matters arising pending action, defence to claim, 263, 264 defence to counterclaim, 263 confession of defence, and costs, 263 Amendment, (a) by party pleading, general power to Court to allow, 274, 276 of claim without leave, 276 of defence, &c., without leave, 276 disallowance of amendments without leave, 277 pleading to amended pleading, 277 application in other cases for leave to amend, 277 failure to amend after order, 277 reprint, or inserting amendments, 277, 278 marking, and delivery of amended pleading, 278 (b) at instance of opposite party, striking out pleadings, 275, 276 application to amend or strike out, 277 See also Amendment. Default of pleading, non-delivery of claim, 282, 283 non-delivery of defence, 283-286 non-delivery of reply or other pleadings, 273, 274, 286 POWERS, MISCELLANEOUS, powers not incident to jurisdiction transferred with jurisdiction, 7 PRACTICE. See also Procedure. power to regulate by rules of Court, 109, 115 saving for old, when not inconsistent with new, 112 effect of conflict in common law and equity, rules of practice, 112 PRELIMINARY ACT, required in cases of damage by collision at sea, 262 PRESIDENT, of Division. See the respective divisions. of Divisional Court. See Divisional Court. PRINTING, requisites generally, 411, 604-607 pleadings, when to be printed, 253 amendments of pleadings, when, 277, 278 affidavits of evidence in action, deposition, 349, 604, 605 footnote of every affidavit filed, 606 other affidavits by consent or order, 604 affidavits, how printed, 343, 411 evidence in appeals, Court of Appeal, 426, 427 cases and appendix in appeals, House of Lords, 677, 678 directions for binding printed cases, appeals, House of Lords, 684 how printed, 343, 411 answer to interrogatories, 295 judge's discretion to dispense with, 296 furnishing printed copies, 605 credit for amount payable for printed copies, 605 office copies, 606 production of office copy, 606 application for and furnishing copies where not printed, 606 furnishing copies in certain ex parte cases, 606 endorsement on copy, solicitor answerable, 607 marking folios, 607 when copy not furnished on request, 607 expense of printing, &c., how borne and allowed, 607, 617, 619 PRIVY COUNCIL, jurisdiction in Admiralty and Lunacy Appeals transferred to Court PROBATE, COURT OF, consolidated with Supreme Court, 9 Judge of, High Court, and President of Division, 40, 41 exclusive jurisdiction of, assigned to division, 49, 105, 193 PROBATE, COURT OF-continued. rules of, in force in new courts, where not altered, 111 suit commenced by citation or otherwise, superseded by action, 175 PROBATE DIVISION. See Probate, Divorce, and Admiralty Division for and Admiralty Division for matters peculiar to Divorce and Ad- rules of Probate Court remain, save where altered, 111 business disposed of by single judge, 53 Divisional Courts, when, 55 power of making rules, to whom given, 111 when cause or matter assigned to may be heard by other judge, 55 parties in Probate actions, 234 Probate actions include what proceedings, 444 writ, place of issue of, 191, 192 indorsement on writ, 188 forms of indorsement, 470 affidavit verifying indorsement, 195 appearance, notice by central office, how given, 210 service of, out of jurisdiction, 209 substituted service, 201 form of order for, 584 default of appearance, 219 pleading to be according to new rules, 248 denial by plaintiff of defendant's interest, 256 time for delivering statement of claim, 266 form of affidavit of scripts, 481 proof in solemn form, notice requiring, 270 default in filing and delivering defence and demurrer, 285 Registrar, jurisdiction of, 401 assignment to judge on transfer of action to, 393 officers attached to shall follow appeals from, 432 what officers transferred to central office, 78 form of pleadings in interest suit, 523 PROBATE, DIVORCE, AND ADMIRALTY DIVISIONS, for Admiralty proceedings. See Admiralty Division and Admiralty for divorce. See Divorce Division and Divorce Court. for probate. See Probate Division and Probate Court. president, judges of, 40, 163 judges of High Court, 3 any judge may hear cause or matter assigned to, when, 55 Divisional Courts, where, 55 Admiralty jurisdiction to be exercised by whom, 54, 55 judge hereafter appointed may be required to go circuit, 101 PROBATE, DIVORCE, AND ADMIRALTY DIVISIONS-continued. business assigned to, 49, 105, 193 business not to be assigned to, 105 rules of, remain when not altered, 111, 443 president or judge, power of, to make rules, 111 existing officers attached to, 432 registrars, jurisdiction of, 401 assignment to judge on transfer of action to, 393 acts of Parliament relating to former Courts, how construed, 74 lower scale of costs applicable to proceedings in, 608 PROCEDURE, power to regulate by rules of Court, 109, 115 saving for old, where not inconsistent with new, 112 effect of conflict between common law and equity rules, 36, 112 matters excepted from the rules of Court, 443 non-compliance with the rules, 431 PROCTORS, made solicitors of the Supreme Court, 87, 88 PRODUCTION OF DOCUMENTS, for inspection, &c. See Discovery. district registry, may be in, 68 PROHIBITION, cause in High Court or Court of Appeal not to be restrained by, 22 injunction, when substituted for, 30 PROMISSORY NOTES. See Bills of Exchange. PROPER OFFICER, interpretation of, 444 PROPERTY, interim order for preservation of, 394, 395 defendant abroad, but action as to property within the jurisdiction, See also Land. PROTHONOTARIES, 78, 79. See Officers. QUARTER SESSIONS, appeals from, how heard, 55, 56 no appeal from High Court without leave, 55 QUEEN'S BENCH, COURT OF, Chief Justice of, see Chief Justice of England. consolidated with Supreme Court, 2 puisne judges, made judges of Division and of the High Court, 3, 40 |