PAGE ADMINISTRATION &c.-continued. Notice that the certificate may be inspected Order for sale of outstanding debts. Order for sale of real estate Order on further consideration when the assets are insufficient to pay 358 358 358 358 358 358 358 359 359 SECTION 5. FORECLOSURE AND REDEMPTION OF MORTGAGES. Particulars in foreclosure action where the debt is under £50 and 359 359 359 360 Particulars in an action for redemption of an equitable mortgage 360 Order for reference in a foreclosure by a legal mortgagee 360 Order for sale in an action by a legal or equitable mortgagee or person Order in an action for foreclosure or sale where an immediate sale is 360 Judgment for foreclosure 360 The like where the debt is under £50 and plaintiff claims that de- 360 360 Judgment for redemption of a legal or equitable mortgage or lien SECTION 6. SPECIFIC PERFORMANCE AND DELIVERY UP AND CANCELLATION OF AGREEMENTS Particulars in an action by vendor for specific performance of a contract 361 The like of an agreement to grant a lease. 361 The like by vendor for specific performance of an agreement 361 The like by purchaser for specific performance of agreement to sell real 361 Particulars in an action for delivery up and cancellation of an agree ment for sale 362 The like for delivery up and cancelling an agreement for the purchase 363 Notice of application for an interlocutory order restraining action by 364 Interlocutory restraining order 364 Judgment in an action for specific performance of an agreement for 364 The like for the purchase of leaseholds 364 Judgment in an action for specific performance, vendor against EXECUTION OF TRUSTS. Particulars in action against trustee Particulars in action by cestui que trust under a marriage settlement 375 Notice of application to restrain action pending the hearing of the 375 Affidavit in support 376 Order restraining proceedings. 376 Notice to registrar of building societies of the commencement of the 378 Advertisement of sitting for the appointment of official liquidator 378 Proposal for appointment of official liquidator 378 Affidavit of fitness. 379 Order appointing official liquidator 379 Order appointing provisional official liquidator. 379 Recognisance of official liquidator and his sureties 379 Affidavit of taking recognisance 380 Affidavit of sureties 380 Sanction of appointment of solicitor of official liquidator 380 Summons against a contributory banker, &c., to enforce payment of money, for delivery of books, &c., to the official liquidator THE WINDING UP OF SOCIETIES AND COMPANIES-continued. Notice to creditors to come in and prove their debts Notice to liquidator of filing affidavit Certificate of registrar as to debts and claims Notice to creditor to attend to receive debt PAGK 381 385 385 385 385 385 387 387 387 Notice to contributories of appointment to settle list Affidavit of service of notice Supplemental list of contributories and affidavit in support 388 388 389 Certificate of registrar's settlement of list of contributories. Summons on application by an alleged contributory to vary the list of Affidavit of official liquidator in support of proposal for a call Affidavit in support of application for order for payment of call from Affidavit of non-payment of money directed to be paid into the bank Memorandum of sanction of Judge to accept bill of exchange Sanction of Judge for acts to be done by the official liquidator Certificate of the society being completely wound up and of the passing of the liquidator's final account 402 Order to dissolve the society 403 Notice to registrar of building societies of the termination of the Petition for winding-up after a special resolution of the society 404 Petition (after demand) by a creditor 405 Petition by an unsatisfied execution creditor 3. Winding-up of joint stock companies registered under the Companies Act, 1862 405 406 PRECEDENTS OF BILLS OF COSTS AND AFFIDAVITS OF INCREASE. PAGE PRECEDENTS OF BILLS, &C.-continued. 3. Total of items of plaintiff's solicitor's costs to be entered on a default summons. Higher scale 4. The like to be entered on an ordinary summons 5. Plaintiff's costs on judgment after trial. Lower scale 6. Defendant's costs on judgment after trial. Lower scale 7. Plaintiff's costs on entering up judgment on a default summons. Higher 11. Plaintiff's costs in an action of tort transferred from the High Court 12. Defendant's costs in a like action 13. Plaintiff's costs of judgment after trial of an issue pursuant to an order of the High Court. 423 424 424 425 425 426 427 434 436 437 439 14. Defendant's costs after trial of an issue 442 Affidavits of increase after trial of an issue 443 15. Plaintiff's costs as claimant in interpleader proceedings transferred from the High Court 443 16. The like of defendant as execution creditor. 445 17. Applicant's costs of motion to the High Court for a new trial, or to enter judgment after the trial of an issue 445 18. The like respondent's costs 446 19. Appellant's costs on an appeal from the County Court. 447 20. The like respondent's costs 448 PRACTICAL DIRECTIONS IN PROCEDURE. BOOK I. SECTION 1.-PRACTICAL DIRECTIONS IN REFERENCE TO PROCEDURE GENERALLY, WITH EXAMPLES OF FORMS IN Ordinary Proceedings. Unless otherwise specially directed, proceedings in County Courts are commenced by action wherever there is a person against whom it can be brought, and where there is no such person the proceeding must be commenced by petition (O. 51, r. 25). In cases within the ordinary jurisdiction of the Courts an action is commenced by entering a plaint, for which purpose a præcipe (or instruction paper) is delivered to the registrar, and when during the progress of the action it becomes necessary to apply to him to issue a summons, notice, warrant of commitment, execution, or other process, a carefully prepared præcipe should be handed in. Præcipe on entering Plaint. The forms in the Appendix to the Rules do not include precedents of any præcipe (except in Admiralty actions), but printed forms for some purposes may usually be obtained at the office of the registrar. The author has provided forms of præcipe in numerous cases, and where necessary other forms may easily be framed from the examples given. The following particulars are required to be correctly stated in the præcipe for a plaint (0. 5, rr. 4 and 5): (a.) The Christian name and surname, description and residence, or place of business of the plaintiff. (b.) The surname (and subject to r. 9 of the order), the residence or place of business of the defendant, and (where known) his Christian name and description-the number of his house or place of business, and the name of the street in which it is situate. (c.) A short statement of the cause of action, or remedy, or relief sought, and the amount of the debt or damages claimed. B |