19. Notice of Plaintiff's Application to rescind Order giving leave to Defend. N.B.-Although no provision is made by the rules for such an application, it is clear that the plaintiff is entitled to make it in accordance with the practice (before the last S. C. Rules) in the High Court. Mr. Heywood's book contains no reference to such an application; but Mr. Pitt Lewis mentions it at page 675 of his work. The authorities for the application are Agra and Masterman's Bank v. Leighton (L. R. 2 Exch. 56; 36 L. J., Exch. 33); Pollock v. Turncock (1 H. & N. 741); Esdaile v. Ramsey (10 W. R., Exch. 20).

Take notice that the plaintiff intends to apply to His Honour the Judge [or in his absence the registrar of the Court] on day the at o'clock in the forenoon, at the Court House [or the registrar's office] in for an order to rescind the order made herein on the —, giving the defendant leave to defend this action, and that the plaintiff may be at liberty to sign judgment herein on the ground that the affidavit of the defendant upon which the said order was made did not disclose a legal or equitable defence to this action, or such facts as make it incumbent on the plaintiff as the holder of the bill [or note] sued upon to prove consideration.

Or, that the plaintiff became and is the holder for value of the bill [or note] sued upon, and without notice of the facts mentioned in the affidavit of the defendant, on which the said order was made, and that the facts stated in the said affidavit do not constitute any defence to this action.

To the Defendant [or to Mr. W. C.,

solicitor for the defendant].

I, A. B. of

20. Affidavit in Support.

the above-named plaintiff, make oath and say:

1. I have read a copy of the affidavit of the defendant sworn herein on the

2. Until this action was brought the defendant never denied his liability on the bill [or note] sued upon, on the contrary, on three separate occasionsnamely, on the [state dates] after the said bill [or note] became due he saw me at my counting house in and promised payment of the amount thereof, and on the -I received from him the letter which is now produced and marked A—the following is a copy of such letter:

[Copy it.]

3. The defendant accepted the said bill [or gave me the said note] in payment for fifteen bags of horse corn which I had previously sold and delivered to him, his receipt for the said horse corn is now produced to me and marked B, and the following is a copy of it:

[If the action is brought by the holder of the bill or note the affidavit should state what consideration he gave for it and when and to whom, and should positively deny knowledge of the facts set out in defendant's affidavit, showing no consideration as between him and the person to whom he gave the bill &c.]

21. Order rescinding leave to Defend.

Upon the application of Mr. J. B., solicitor for the plaintiff, and upon hearing Mr. W. C., solicitor for the defendant, and upon reading the order of the whereby leave was given to defendant to defend this action and the affidavit of the plaintiff sworn herein on the It is ordered that the said order of the

shall be rescinded, and that the plaintiff shall be at liberty to sign judgment for the amount endorsed on the summons and for the costs of this action [if conditional add, e.g. unless the defendant do on or before the pay into Court the sum of £- by way of security for debt and costs].

Registrar.

22. Notice of Application to the Judge to set aside Judgment and for a stay of Execution in the meantime. (Bills Act, 1855, and 0. 35, r. 3.)

at

on the

Take notice that the defendant intends to apply to His Honour the Judge at the Court House in onday the o'clock in the forenoon for an order to set aside the judgment signed in this action on the ground that the defendant has a good defence to this action on the merits [and that he inadvertently omitted to apply for leave to defend, or and that the summons issued herein was not served upon him]. And take further notice that the defendant will on apply to the registrar at his offices for an order to stay the issue of an execution upon the said judgment until the hearing of the above application to set aside such judgment.

To the Plaintiff [or to Mr. J. B. solicitor for the plaintiff].

I, C. D. of 1. On the

-day the

23. Affidavit in support of both Applications.

the above-named defendant make oath and say :-
the plaintiff signed judgment in the above action.

2. [State the reasons why defendant did not apply for leave to defend, e.g. The summons issued in this action has never been served upon me, and I was not aware until the that this action had been commenced, or that the said judgment was signed on the expiration of ten days from the day on which I was served with the summons in this action.]

3. I am advised and believe that I have a good defence to this action on the merits under the following circumstances [state them explicitly].

24. Order staying Execution.

Upon hearing Mr. W. C. solicitor for the defendant and Mr. J. B. solicitor for the plaintiff and reading the affidavit of the defendant sworn on the — I do order that [if terms ordered upon payment into Court by the defendant of the sum of £- or upon the defendant giving a bond with one [or two] securities for the sum of £ in rule-form 28] execution shall be stayed upon the judgment signed herein on the, 18-, until after the hearing by the Judge of the defendant's application to set aside such judgment.

25. Bond by way of Security. (0. 35, r. 3.)

Registrar.

The obligatory part will be in the ordinary form :

Whereas an action has been brought in the County Court of

holden at

wherein the above-named G. H. is plaintiff and the above-named A. B. is defendant on a certain bill of exchange [or promissory note] under the Summary Procedure on Bills of Exchange Act, 1855.

And whereas judgment was signed by the above-named G. H. against the above-named A. B. upon the day of 18-, for £debt and costs,

the above-named A. B. not having obtained leave to defend the said action.

And whereas the above-named A. B. has given notice of his intention to apply to the Judge of the said County Court, under sec. 3 of the said Act, to set aside the said judgment so signed as aforesaid, and to allow him the said A. B. to come in and defend the said action.

And whereas by O. 50, r. 3, of the County Court Rules, 1886, it is provided that until the Judge can hear the application, under the said section of the Act, execution shall be stayed, upon the defendant giving security to abide the decision of the Judge.

I approve this bond.

And whereas the above-named C. D. and E. F. at the request of the said A. B. have agreed to enter into the above obligation for the purpose aforesaid, and the security to be hereby given has been approved of by the registrar of the said Registrar. County Court as appears by his allowance in the margin

hereof.

Now the condition of this obligation is such that if the above-bounden A. B.

C. D. and E. F. or any or either of them shall pay unto G. H. his executors, administrators or assigns, the costs of the said application, if the Court shall so order, and shall also, in case such application shall be dismissed, pay to the said G. II., his executors, administrators or assigns the said sum of - pounds

shillings and pence, then this obligation to be void, and otherwise

shall remain in full force.

Signed, sealed and delivered by the above-bounden A. B., C. D., and

E. F. in the presence of

Upon hearing

26. Judge's Order setting aside Judgment.

It is ordered that the judgment signed herein on the be set aside and that the defendant be let in to defend this action [if upon terms state them].

27. Order dismissing the Application with Costs.

Upon hearing It is ordered that the application of the defendant to set aside the judgment signed herein on the day of 18-, be and the same is hereby dismissed and that the defendant do pay to the plaintiff his costs of and relating to such application.

28. Notice of Application to order the Deposit of the Bill in Court and for Security for Costs from Plaintiff. (Bills Act, 1855, sec. 4.)

registrar's offices] in

Take notice that the defendant will apply to His Honour the Judge [or registrar] onday the at- o'clock in the forenoon at the Court House [or for an order requiring the plaintiff to deposit forthwith with an officer of the Court the bill [or note] sued upon and that all further proceedings in this action shall be stayed until the plaintiff shall have given security for the costs thereof.

To the Plaintiff [or to Mr. J. B.

solicitor for the plaintiff].

Any order made in the action may also direct the deposit of the bill, and require security from plaintiff; but it is considered that an application for those purposes should be specially made after leave to defend has been obtained.

29. Affidavit in Support.

I, C. D. of ——— the above-named defendant make oath and say :

1. This action is brought under the Bills of Exchange Act, 1855, to recover the amount of a bill of exchange [or promissory note] 'which is alleged to have been accepted [or made] by me in favour of the plaintiff.

2. I obtained an unconditional leave to defend this action by an order dated

3.[State the facts and grounds of the defence and the circumstances which render it advisable to have the bill deposited in Court and that plaintiff ought to give security for costs, e.g. that the acceptance to the bill is a forgery, or that it was obtained from defendant by fraud on the part of the plaintiff, and that there are reasons for believing that if the bill be not deposited plaintiff may negociate it—as to security show that he has no visible means of paying defendant's costs in the event of a judgment in favour of the latter.]

Upon hearing

30. Order.

and reading the affidavit of the defendant sworn on the It is ordered that the plaintiff do forthwith deposit with the registrar of this Court the bill [or note] sued upon, and also that all further proceedings in this action shall be stayed until the plaintiff shall have given security for the costs thereof to the satisfaction of the registrar.

Judge [or registrar].

N.B.-Except as indicated by the foregoing forms the proceedings under the Bills Act, 1855, are the same as in ordinary actions.

SECTION 2.-ACTIONS OF EJECTMENT.

1. Præcipe for Plaint.

Enter plaint in ejectment and for mesne profits under sec. 11 of the County Courts Act, 1867. Herewith are the particulars required by O. 6, r. 4.

number

The plaintiff demands of you possession of [insert such a full description of the premises as will serve to identify them, e.g. a dwelling-house situate and being - in Street, in the parish of in the county of and a piece of land containing square yards or thereabouts adjoining to and occupied with the said dwelling-house].

The annual value of the said dwelling-house and land is £15 [add if the fact, and the rent fixed or paid in respect thereof is £ per annum].

[If mesne profits are claimed add:

The plaintiff also claims the sum of £15 as and for mesne profits of the said premises from the 18- (on and since which date he claims to have been

entitled to the possession thereof) until this date.

3. Confession of Plaintiff's Title (219). (0.9, r. 6.)

I, the above-named defendant hereby confess and admit the plaintiff's title to the property mentioned in the statement annexed to the summons in this action, and sought to be recovered therein and that the plaintiff is entitled to the immediate possession thereof.

I also confess and admit that the plaintiff is entitled to recover in this action the sum of £- as and for mesne profits of the premises.

Signed by the defendant,

in the presence of

To the Registrar of the Court.

4. Confession by Defendant defending separately for part of the Premises
of Plaintiff's Title to such Part (237). (O. 9, r. 6.)

I, C. D., one of the above-named defendant's defending separately for [here describe the part for which C. D. defends, e.g. the close of land called "The Kilts," situate at -] being part of the property mentioned in the statement annexed to the summons in this action and for which no other person defends, do hereby confess and admit the plaintiff's title to the above-mentioned part of the said property and that he is entitled to the immediate possession thereof. Signed by C. D., one of the defendants,

in the presence of

To the Registrar of the Court.

Confessions in actions of ejectment (unless attested by the registrar or his clerk) are to be verified by the affidavit of the solicitor or his clerk (O. 9, r. 8).

5. Registrar's Notice to Plaintiff.

I hereby give you notice that the defendant has filed a statement confessing and admitting your title to the property sought to be recovered by you in this action, and that you are entitled to the immediate possession thereof-and also that you are enabled to recover in this action the sum of £ as and for mesne profits of the premises.

[describe the part for

Or that the defendant C. D. defending separately for which he defends] being part of the property sought to be recovered by you in this action has filed a statement confessing and admitting your title to the above-mentioned part of the said property and that you are entitled to the immediate possession thereof.

6. Notice by a Defendant Tenant to his Landlord. (C. L. P., 1854, sec. 209.) [To be entitled in the Action.]

Take notice that Mr. C. D. of —, the above-named defendant, was on the served with a summons which was issued against him in the above action to recover possession of the messuage and land at which he holds as your tenant [or as tenant to Mr. E. F. of

To Mr. E. F. [or to Mr. G. H., bailiff or receiver for Mr. E. F.].

-].

7. Affidavit by Landlord or other third Person to obtain leave to Defend.

(0. 10, r. 4.)

1. This action is brought to recover possession of · [describe the premises]. 2. The defendant C. D. is my tenant of the said premises [or, I am in the actual possession of the said premises and claim to be entitled thereto as against the plaintiff, or I am in possession of part of the said premises to wit, describing the part with reasonable certainty and so that it can be identified] and claim &c. [as above].

8. Registrar's Notice of Leave given to Defend (217).

9. Notice by Defendant limiting Defence to part of the Property (218).

(O. 10, r. 5.)

Take notice that the above-named defendant C. D. will at the trial of this action limit his defence to a part only of the property mentioned in the statement annexed to the summons that is to say [here describe the part to which the defence is limited with reasonable certainty].

To the Registrar of the Court

and to the Plaintiff.

10. Memorandum accompanying Payment into Court of Mortgage Moneys in order to stay Action brought by Mortgagee. (C. L. P. Act, 1854, sec. 219.) Pursuant to the provisions of sec. 219 of the Common Law Procedure Act, 1854, the defendant herewith pays into Court the sum of £, being the amount of the principal moneys and interest due from the defendant to the plaintiff upon and by virtue of a mortgage dated the of the messuage and land for the recovery whereof this action is brought, and also the costs of this action. To the Registrar.

11. Registrar's Notice of Payment to the Mortgagee (239).

12. Notice accepting Amount paid into Court.

Take notice that the plaintiff accepts the sum of £- paid into Court by the defendant in discharge of the principal and interest moneys due to him upon a mortgage executed by the defendant and of all costs of this action.

To the Defendant and to the Registrar.

13. Order discharging Mortgage and directing a Reconveyance to the Defendant Mortgagor (240).

14. Order for Payment of a further Sum by the Mortgagor (241).

15. Notice of Withdrawal of Action as to the Whole or Part of the Property (216).

(O. 9, r. 1.)

Take notice that I, the above-named plaintiff, will not proceed further in this action [or in respect of that portion of the property hereinafter described, that is to say [here describe the portion referred to].

To the Registrar and to the Defendant.

Plaintiff.