26. Claim by Trustees under an Assignment for the Benefit of Creditors. As solicitor for and on behalf of E. F., of &c., and G. H. of [addresses and descriptions] I give you notice that the goods taken in execution in the above action were (with other property) assigned on the [a date before the levy] by the said defendant C. D. to the said E. F. and G. H., as trustees for all the creditors of the said C. D. To the High Bailiff of the said County Court and to the Plaintiff A. B. 27. Claim to Goods hired or lent to the Execution Debtor. As solicitor for and on behalf of E. F., of &c., I give you notice that the goods taken in execution in the above action are his property, and were hired [or lent] by him to the above-named defendant C. D., on the under the terms of an agreement in writing of that date and made between the said E. F. of the one part and the said C. D. of the other part. To the High Bailiff of the said County Court and to the Plaintiff A. B. 28. Notice to the Registrar to retain Proceeds of the Execution Pending an Application to set it aside. Take notice that the defendant intends to apply to the Court on the for an order to set aside the judgment in this cause and the execution issued thereon, on the ground that such judgment was irregularly [or improperly] signed [or as the case may be] and that the money paid into your hands under such execution may be paid back to the defendant. And you are hereby requested to retain such money in your hands until the said application has been disposed of. To the Registrar of the said County Court. (b.) By Equitable Execution through the Appointment of a Receiver of Rents, and Equitable Interests in Real and Personal Estate. By sub-sec. 8 of sec. 25 of the Judicature Act, 1873, a receiver may be appointed by an interlocutory order of the High Court in all cases in which it shall be just or convenient that such order shall be made, and by sec. 89 of the Act the provisions of sub-sec. 8 have been applied to County Courts. An order for appointment of a receiver may be made after as well as before judgment (Smith v. Cowell, 43 L. T. Rep. (N.S.) 528). In Rawlins v. Stevenson, and Stevenson v. Rawlins (reported in the Law Times of June 14th, 1884, p. 121), Sir Richard Harrington, the Judge of the Warwick Court, appointed a receiver of income arising from the investments of personal estate for the purpose of obtaining payment of moneys due upon judgments of his Court. It is presumed that the application for a receiver may be made ex parte on proof by affidavit or oral evidence that defendant has no chattels available for an execution, and stating the particulars of and the nature of the party's equitable interests in real or personal estate. The judgment creditor may be appointed receiver, and generally speaking, without giving security. 29. Affidavit in Support of the Application. the above-named plaintiff [or defendant] make oath and say: - I recovered judgment in this Court for payment by the defenof the sum of £- debt and costs [or £ dant to me on or before the for costs]. 2 defendant's [or plaintiff's] but the high bailiff was 2. On the I issued an execution against the goods to enforce payment of the said sum of £ unable to find any goods belonging to him, and I believe he has no goods on which the said execution can be levied. 3. The said judgment debt is still wholly unsatisfied. 4. Under and by virtue of the will of E. F., late of deceased, the defendant [or plaintiff] is equitably entitled for his life to the rents and profits arising from [describe the property] [or is equitably entitled to receive during his life the income arising from the investments of the testator's personal estate]. 5. and of are the present trustees under the said will [property] [or of the said investments]. of the said of 30. Order Appointing Receiver. Upon the application of the plaintiff [or defendant] and upon reading the affidavit of - and upon hearing Mr. solicitor for the plaintiff] [or defendant]. It is ordered that of &c. be appointed to receive during the life of the plaintiff [or defendant] the rents and profits arising from [property] [or the income arising from the investments of the personal estate of late of deceased] but without prejudice to the rights of any prior incumbrancer thereon, who may think proper to take possession of the same by virtue of his security, or if any prior incumbrancer is now in possession thereof, then without prejudice to such possession. £ 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 money. 31. Bond by Receiver (260). 32. Notice to Receiver to bring in his Accounts for Audit (258). (0.3, r. 5.) 33. Order on Receiver to pay Money into Court to the Credit of Judgment Debt. Upon the application of It is ordered that A. B. of -, appointed by an order of this Court, dated - the receiver in this action do pay to the registrar to the credit of the plaintiff's [or defendant's] judgment debt at the end of each quarter [or otherwise as ordered] the money received by him during the quarter as such receiver, after deducting his own remuneration and all other proper disbursements, and that he be allowed such payments in passing his accounts. (c.) By Attachment of Debts. 34. Notice of intention to examine Defendant at the hearing as to Debts owing to him (153). (0.26, r. 1.) Take notice that the above-named plaintiff is desirous if he succeeds in obtaining a judgment against the defendant of having him examined forthwith after such judgment as to whether or not the following debts are due to him from the following persons, viz. :— The power to attach the wages of a servant, labourer, or workman was abolished by sec. 1 of 33 & 34 Vict. c. 30, but salary due to the secretary and accountant of a Company may still be attached, he not being a servant, &c., within the meaning of the Act (Gordon v. Jennings, 46 L. T. (N.s.) 534). The assignee of a judgment debt is entitled to apply for a garnishee order (Goodman v. Robinson, 82 L. T. 120). 35. Order when Garnishee present (154). (0.26, r. 2.) 36. Affidavit for Leave to Summon Garnishee (155). (0.26, r, 3.) I, A. B. of 1. That I fon the recovered a judgment in the above Court [or in the County Court of holden at] in this action against the above-named defendant, for the sum of £-debt and costs. 2. That the said judgment is still wholly unsatisfied [or is still unsatisfied to the sum of £- part of the judgment so recovered as aforesaid]. 3. That M. N. of in the sum of £ in the county of is indebted to the said defendant 4. That the said M. N. resides or carries on business within the district of this Honourable Court [or that the cause of action between the said defendant and the said M. N. arose wholly or in part within the district of this Honourable Court, or that the said M. N. dwelt or carried on business within the district of this Honourable Court, within six calendar months of this the day of 18-]. 37. Præcipe for Plaint against Garnishee. Enter plaint against E. F. of [address and description], to attach a debt of £owing by him to the defendant [or plaintiff] against whom plaintiff [or defendant] obtained judgment on the 18-, for £- - which is still unsatisfied-or unsatisfied to the extent of £ 38. Præcipe for Plaint when Garnishee is out of the Jurisdiction of the Home Court. The applicant must lodge in the Court in which the garnishee resides or carries on business a certificate of the judgment and a copy of the affidavit filed in the Home Court. The plaintiff alleges that the said E. F. is indebted to the defendant C. D., and having on the 18—, obtained a judgment against the said C. D. in the above Court [or in the County Court of holden at] for the sum of £- for debt [or damages] and costs, which judgment still remains unsatisfied [or unsatisfied to the extent of £- -], the plaintiff claims an order to be made upon the said E. F. for payment of the amount due upon such judgment or so much thereof as shall equal the amount of the debts due and owing and accruing from the said E. F. to the said C. D. 40. Summons upon the Garnishee (156). (O. 26, r. 3.) 41. Order requiring Appearance of a Third Party who claims the Debt. at It is ordered that the hearing of this action be adjourned until the o'clock in the forenoon, and that G. H., of do then appear before this Court and state the nature and particulars of his claim to the debt of £-, which is sought to be attached in this action. 42. Statement of the Claim of Third Party. The following is a statement of the nature and particulars of the claim of G. H., of -, upon the debt which is sought to be attached in this action:On the the said defendant by deed [or an instrument in writing] of that date made between himself of the one part and myself of the other part assigned to me the debt of £- then owing to him by the said E. F., to whom notice of such assignment was forthwith given. [Or, On the the said defendant by deed of that date made between &c. assigned to the said G. H. (inter alia) all debts and sums of money then owing to him from all persons whomsoever, upon the trusts therein mentioned for the benefit of the creditors of the said C. D. At the date and execution of such deed the debt of £—, which is sought to be attached in this action was owing by the said E. F. to the said C. D. [Or, On the the said defendant by a memorandum under his hand charged the debt of £-, which is sought to be attached in this action (and which was then owing to him by the said E. F.), with the payment to me of the sum of £ then lent and paid by me to the said defendant. 43. Order barring Claim of the Third Party and ordering Payment by the Garnishee. (23 & 24 Vict. chap. 126, sec. 30.) It is ordered that G. H., of who has made a claim upon the debt sought to be attached in this action, and who does not appear before the Court as required by an order of the (which was duly served upon him) [or who now appears before the Court in support of such claim, as required by an order of the -] shall be and he is hereby barred from prosecuting such claim. And it is also ordered that the said E. F. do pay into Court the sum of £—, being the amount of the debt due from him to the above-named defendant [or being so much of the debt due from him to the above-named defendant as is sufficient to satisfy the judgment debt of the plaintiff] on the [Add any direction as to payment of costs.] 44. Order allowing Claim of the Third Party and giving Plaintiff leave to pay off his Lien or Charge. It is adjudged that the claim of G. H., of to the debt [or to a lien or charge to the extent of £- upon the debt] of £-, which is sought to be attached in this action, shall be and the same is hereby allowed [in case of a lien or charge add, if so ordered, And it is ordered that the said C. D. do pay into Court the sum of £-being the amount of the debt due from him to the abovenamed defendant [or being so much of the debt due from him to the abovenamed defendant as is sufficient to satisfy the before-mentioned lien or charge of the said G. H. and also the said judgment debt] on the And further that out of the amount to be so paid by the said C. D., or to be recovered from him under the process of this Court, the registrar shall in the first place pay to the said G. H. the sum of £— in satisfaction of his said lien or charge and shall pay the residue of such amount to the said A. B. in discharge in whole or in part [as the case may be] of his said judgment debt. [Add any direction as to costs.] 45. Judgment against Garnishee (157). (O. 26, r. 8.) 46. Præcipe for an Execution against Garnishee's Goods. Issue execution against the goods of E. F., of, for £, being the amount of the debt owing by him to the defendant and ordered to be paid into Court towards satisfaction of the judgment debt due to the plaintiff. 47. Warrant of Execution (158). (0.26, r. 2.) (d.) By Removal of Judgment into the High Court for better enforcing it. (C. C. Act, 1856, sec. 49.) The object of removing the judgment will be to effectuate either of the following purposes :— 1. To register it under 1 & 2 Vict. chap. 110, sec. 19, and the amending statutes in order to affect defendant's interests in lands. Or, 2 to enforce it (a) Against his lands by writ of elegit. (b) By a charging order against stocks or shares under 1 & 2 Vict. chap. 110, sec. 14, and 3 & 4 Vict. chap. 82. (c) By equitable execution through the appointment of a receiver of the rents and profits of defendant's lands or his equitable interests in rents or personal estate. (d) By a writ of sequestration, under r. 6, O. 43, of the rules of the Supreme Court, 1883. (e) Under the Judgments Extension Act, 1868, against property or goods in Ireland or Scotland (the principle of which Act has now been extended to Inferior Courts by the Inferior Courts Judgments Extension Act, 1882). In Bennett v. Powell, 3 Drew, 326, 24 L. J. Ch. 736, it was held that the Chancery Division of the High Court will enforce the judgments of a County Court against equitable interests. By virtue of sec. 89 of the Judicature Act, 1873, a receiver of such interests may be appointed by the Judge of the County Court. The judgment to be removed must be for an amount exceeding £20 exclusive of costs, and it must be shown that the debtor has no goods "which can be conveniently taken" to satisfy it. As by the terms of the section, the judgment, when removed, is to have "the same force and effect" as a judgment of the High Court, it is conceived that the judgment debt will then carry interest at the rate of 4 per cent. until it is satisfied (see 1 & 2 Vict. chap. 110, sec. 17). The costs of applying for and obtaining the removal of a judgment will be allowed, but the order must contain a direction to that effect (see Practice Masters' Office Rules in Lely and Foulkes' Judicature Acts and Rules, p. 598). 48. Affidavit in Support of the Application. In the High Court of Justice, Queen's Bench Division. I, A. B. of - make oath and say : [address and for the sum of £ 1. On the 18-, I obtained judgment against C. D. of description] in the County Court of holden at in an action in that Court in which I was the plaintiff and the said C. D. was the defendant. A certificate of such judgment is hereunto annexed marked A. 2. The said C. D. has no goods or chattels which can be taken to satisfy the said judgment [or the goods and chattels of the said C. D. were before the said judgment assigned by him to E. F. by way of mortgage for securing £being the full value of the said goods and chattels, and the same are still subject to such mortgage [or the only goods and chattels of which the said C. D. is possessed are, as I am informed and believe, certain goods which are now on board a ship which left London for the Cape of Good Hope on the –]. 3. The said judgment still remains in force and is wholly unsatisfied. [To be endorsed: This affidavit is filed on behalf of A. B.] 49. Order. In the High Court of Justice, Queen's Bench Division. Master in Chambers. In the matter of a plaint in the County Court of A. B. is plaintiff and C. D. is defendant. Upon reading the affidavit of A. B., filed the —, 18-, and the certified copy of the judgment in the plaint above-mentioned, It is ordered that a |