order [or, until the day of on which day this Court will consider whether this order shall be further continued]. Dated, 18—. J.S., Judge. If you, the said C. D. [your servants, agents, or workmen] act in disobedience to this order, you the said C. D. will be liable to be committed by this Court, and also be liable to have your estate sequestered. To A. B. of 75. Notice to be Endorsed on the Order (292). Take notice, that unless you obey the directions contained in this order, obedience thereto will be enforced by attachment. Dated this day of 18-. Registrar of the Court. 76. Minute of the Order to be Written at the Foot of the Application. Plaintiff's solicitor, Mr. J. B., giving usual undertaking as to damages order, in terms of notice of application [or as the case may be] costs reserved till the hearing 18-. 77. Order when Application not Granted. J. S., Judge. Upon reading the application of the plaintiff dated for an order to restrain &c. [as in the application] and the affidavits of A. B. and E. F., &c., sworn in support thereof, and the affidavits of G. H., I. K., &c., sworn on behalf of the defendant, and upon hearing Mr. J. B., solicitor, on behalf of the plaintiff, and Mr. C., solicitor, on behalf of the defendant, It is ordered that the said application of the plaintiff do stand over, and that the costs incidental thereto be reserved until the hearing of this action [or, it is ordered that the said application of the plaintiff be refused, and that he do pay to the defendants his costs of and incidental thereto]. Dated 18-. 78. Order Continuing Injunction. J. S., Judge. The plaintiff undertaking &c. [as in the original order]. It is ordered that the order of this Court made on the shall be continued until the hearing of this action, and accordingly C. D., the defendant in this cause (his servants, agents, and workmen) are hereby strictly enjoined and restrained from [as in original order] until the day after the day on which this cause shall be heard, or until further order. If you the said C. D., &c. [as in the original order]. J. S., Judge. 79. Minute of the above Order. Plaintiff's solicitor, Mr. J. B., giving the usual undertaking as to damages, injunction continued till day after trial of action, costs reserved. J. S., Judge. 80. Application and Order for Solicitor to Serve Injunction Orders. (0.25, r. 40.) I, the above-named plaintiff A. B., desire that the order in the nature of an injunction made herein on the may be served by my solicitor, Mr. J. B. To the registrar. Upon reading the above application I order that a duly endorsed copy of the above-mentioned order may be served by the plaintiff's solicitor upon the said C. D. APPOINTMENT OF RECEIVERS. 81. Application. (O. 12, r 5.) The plaintiff hereby applies for an order for the appointment of Mr. E. S. of [address and description] as receiver of the assets of the partnership between the plaintiff and defendant, for the winding-up of which this action was commenced [or of the rents and profits of the real estate of O. C., deceased, for the administration of which this action was commenced; or of the rents and profits of a messuage and premises situate and being No. for the redemption of which by E. F., the mortgagor, this action was commenced, or as the case may be]. N.B.-In urgent cases the application may be made ex parte (0. 12, r. 5). 82. Notice of the Application. (0. 12, r. 5.) This may be readily framed from the form of notice of application for an injunction order (ante p. 70). 83. Affidavits in Support. Should state facts showing the expediency of appointing a receiver for the protection of the interests of the applicant or of the persons whom he represents; on this point refer to Mr. Pitt Lewis's book, p. 398. An affidavit of the respectability and responsibility of the proposed receiver is also required. 84. Affidavits in Opposition. May contest the question of the necessity for the appointment by showing that the property is already sufficiently protected, or that plaintiff has either no interest in it or that his conduct has not been free from blame. The respondent may also propose some other respectable and responsible person as receiver, and show that the nominee of the applicant is either personally unfit for the office, or that he has a personal interest which renders his appointment undesirable. 85. Order Appointing a Receiver. Upon the application of the plaintiff [or defendant], and upon reading affidavits of and upon hearing Mr. J. B., solicitor for the plaintiff [or defendant], It is ordered that of be appointed to receive [state receiver's duties]. [Add when security to be given: And it is hereby directed that the said shall give security for the sum of £- to the registrar of this Court for the faithful discharge of his duties, and the payment over of moneys]. 86. Order refusing the Application. Upon reading the application of the plaintiff dated for an order for the appointment of as receiver of [follow the words of the application] and upon, reading affidavits of and upon hearing Mr. J. B., solicitor for the plaintiff, and Mr. W. C., solicitor for the defendant, It is ordered that the said application of the plaintiff be refused on the ground that the Court does not deem it expedient at the present time to appoint a receiver of the said [or as the case may be] and that the costs of the said application be defendant's costs in the action. A minute of the order should be recorded on the application. 87. Bond to be given by Receiver. Know all men by these presents that we, A. B., of &c., and C. D., of &c., and E. F., of &c., are jointly and severally held and firmly bound to G. H., registrar of the County Court of holden at, in £, to be paid to the said G. H. or his certain attorney, executors, administrators or assigns. For which payment to be made we bind ourselves and each and every of us in the whole, our and each of our heirs, executors and administrators, jointly and severally firmly by these presents. Sealed with our seals and dated this Whereas a plaint has been entered in this Court by A. B. against C. D. for the purpose of [here insert object of suit]. And whereas the said A. B. has been appointed by order of the abovementioned Court to receive [state terms of order]. Now the condition of this obligation is such that if the above bounden A. B. do and shall duly account for all and every the sum and sums of money which he shall so receive on account of at such periods as the said Court shall appoint and do and shall duly pay the balances which shall from time to time be certified to be due from him as the said Court hath directed or shall hereafter direct, then this obligation shall be void and of none effect otherwise shall remain in full force and virtue. Signed, sealed, and delivered by the above in the presence of (A. B. (L.S.) C. D. (L.S.) This bond requires to be stamped. The conditions of O. 29, r. 4, as to the justification of the sureties, should be complied with before the bond is completed. If the receiver deposits money in lieu of giving a bond the memorandum accompanying the deposit (which does not require a stamp) may be in accordance with the next form. 88. Memorandum on depositing Money in lieu of giving a Bond. Whereas the plaint in the above action has been entered for the purpose of [here insert object of suit]. And whereas [recite as in the above form of bond]. And whereas I have this day deposited with the registrar of this Court cash to the amount of the said sum of £ SO Now the condition of such deposit is [follow terms of the condition of the bond down to and include the word "direct," and add] then the said sum of £ deposited by me shall be returned to me, otherwise the same shall be applied by the registrar of the Court in or towards payment of the balances which shall from time to time be certified to be due from me as aforesaid. 89. Registrar's Notice to Receiver to produce his Accounts for Audit (258). DISCOVERY BY INTERROGATORIES. 90. Application to Judge or Registrar for leave to deliver Interrogatories. The plaintiff [or defendant] hereby applies for leave to deliver interrogatories in writing for the examination of [any one or more of the opposite parties]. A copy of the proposed interrogatories is hereto annexed and marked A. 91. Order (83). In the absence of special directions, the costs of obtaining discovery are to be allowed as part of the costs of the party seeking it, where it appears to the Judge at the trial, or, if there be no trial, to the registrar on taxation, to have been reasonably asked for (O. 16, r. 20). Before delivery of interrogatories the party seeking the discovery must pay into Court 208., and if the interrogatories exceed five folios, 28. further for each additional folio. He must also, with the interrogatories, serve a copy of the registrar's receipt for the payment. 92. Application for leave to deliver Interrogatories to a Member or Officer of a Corporation or Joint Stock Company (r. 6). The plaintiff [or defendant] hereby applies for leave to deliver interrogatories in writing for the examination of [name, address, and description] being a member [or officer, to wit, the secretary or manager] of [name of the body corporate or joint stock company] the above-named defendants [or plaintiffs] who are a body corporate [or joint stock company]. to A copy of the proposed interrogatories is hereto annexed and marked A. Upon hearing &c. It is ordered that the 93. Order thereon. be at liberty to deliver interrogatories in writing [name, address, and description] being a member [or officer] &c. [as in the application] and that the said do on or before the day of answer the interrogatories in writing by affidavit and return such answers to me for filing on or before the day of, and that the costs of the application for end of this order be costs in the action [or otherwise as ordered]. Dated the day of 18-. 94. Interrogatories-General Form (84). Registrar. Interrogatories on behalf of the above-named plaintiff [or defendant] for the examination of the above-named defendant [or plaintiff]. 1. Did not &c. [each interrogatory to be written in a separate paragraph and numbered]. 2. Has not &c. (The defendant E. F. is required to answer the interrogatories numbered answer 95. Registrar's Receipt for Deposit. Received of the plaintiff [or defendant] the sum of £-, being a payment under O. 16, r. 21, by way of security for the costs of discovery by interrogatories delivered to the defendant [or plaintiff]. 96. Interrogatories by Plaintiff in Particular Actions. (a.) Actions for Goods Sold and Delivered. 1. Did you not for about a year, or for some other and what time previously to the [date of first item in the account sued for] buy and receive horse-corn and other food for your horses from the plaintiff and whether or not upon verbal orders given to him from time to time by one J. G., a groom in your service? 2. Did you not and whether or not by cheques upon your bankers pay the plaintiff's bills for the said horse-corn and other horse food? 3. Did not the said J. G. continue in your service as groom from the said day of 18-, until the [date of last item sued for]? 4. Did you not on or about the [a date after delivery of plaintiff's bill] call at the plaintiff's shop in Street, and inform him and whether or not whilst one of his shopmen was present that you would send him a cheque for his account of £- [amount sued for] in the course of a few days? Or, I. Did you not see the plaintiff on or about the Street, at his shop in Street, and request him to supply, on your credit, to your brother E. D., of tailor, such provisions as he should apply to the plaintiff for during the then next three months, not exceeding in prices £2 per week? , 2. Did you not also on the same occasion direct the plaintiff to send to your said brother's house the following goods or some and which of them [the first item in plaintiff's account]? 3. Did you not on the occasion referred to in the first interrogatory request the plaintiff to send to you at the expiration of the said three months his bill for the goods supplied to your said brother, and promise that you would pay the amount of such bill within a week after receiving it? 4. Were you not aware during the said period of three months that your said brother did from time to time apply to plaintiff for, and also receive from him, supplies of provisions? 5. Did you not on or about the call at the plaintiff's said shop and inspect in his ledger an account of the goods supplied by him to your said brother, and did you not after examining such account express your satisfaction therewith? (b.) Action against an Executor de son tort. 2. Did you not in about a week or at some other and what time after his death go to the late residence of the said C. D. in and take into your personal possession money to the amount of £— or some other and what sum belonging to him at the time of his death? 3. Did you not soon afterwards, and if so when, pay the said money into the Bank at to the credit of your own account? 4. If you did not so dispose of the said money, when and how or to whom and for what purposes did you dispose thereof? 5. Did you not at some time, and if so when, after the death of the said C. D. remove from his said late residence to your own house in Street, - the following or some other and what articles of furniture which belonged to him at the time of his death, namely [describe them]? 6. Are not such articles of furniture, or some and which of them, still in your possession? if you have disposed of any of the said articles you are required to state the circumstances of such disposal and the prices or amount of money received by you therefor, and also whether you did not pay the same to your own credit at the said Bank? 7. Did you cause a valuation to be made by an appraiser of all the articles of furniture of which you took possession as aforesaid? if so, state the amount of such valuation. in (c.) Action against a Master for the Negligent Driving of his Servant. 1. Do you not carry on the business of a provision merchant at number Street, -? 2. Have you not for about two years last past employed one E. S. as your carter and servant to take goods from your warehouse in carts belonging to you, drawn by horses also belonging to you, and by means of such horses and carts to deliver the said goods to the shops of your customers in different parts of the town of B.? 3. Were not several parcels or lots of goods placed in one of your carts at about 10 o'clock in the morning of the for delivery to certain of your customers in B.? 4. Did not one A. L., a person in your employ, and whether or not in the ordinary course of his duty direct the said E. S. to deliver the said parcels or lots of goods to your said customers? 5. Did not the said E. S. thereupon, and whether or not at or about 11 o'clock in the morning of the said day, harness and attach a brown mare belonging to you to the cart containing the said parcels or lots of goods and drive the same from your said warehouse for the purpose of delivering such goods to the customers for whom they were respectively intended? 6. Did not the said E. S. inform you when he returned from delivering the said goods that, whilst driving your said horse and cart on his way to your customers, he had come into collision in Street with a horse belonging to the plaintiff? |