the intestate in the plaint in this action named, living at the time of the intestate's death on the 18-. The said C. B. is the only surviving brother of the said A. B., and the said E. B. is the only child of O. B., the deceased brother of the said A. B. The said intestate was never married, his father, F. B., and his mother, H. B., both died in his lifetime, and except the said C. B. and O. B. the intestate had no other brothers and he had no sisters. 48. Particulars of Claim of Heir-at-law. Take notice that C. B. of &c., claims to be heir-at-law of A.B., late of deceased, the intestate in the plaint in this action named, living at his (the intestate's) death on the , 18-. The said C. B. is the father of the said intestate who died a bachelor. 49. Particulars of Claim of Legatees. Take notice that C. B., of —, J. B., of &c., and L. B., of, claim to be entitled to the legacy of £300, bequeathed by the will of A. B., late of deceased, the testator in the plaint in this action named to the his (the testator's) brother H. B. children of The said C.B., J.B., and L.B., are respectively the lawful children of the said testator's brother H.B., by E.B., his wife, to whom he (the said H. B.) was married after banns [or by licence] at the parish church of on the 50. Registrar's Notice to produce Pedigree and Proof of Relationship. You are hereby required to produce [or transmit] to me at my office in on day the, 18-, at o'clock in the forenoon, a pedigree of your relationship as heir-at-law [or next of kin] of A. B., the intestate in the plaint in this action named, and to verify such pedigree by affidavit and certificates in the usual manner. Registrar of the Court. 51. Affidavit verifying Claim. of &c., make oath and say: I, now deceased, with 1. I was present at the marriage of A. B., late of J. M., and such marriage took place at the parish church of day of—, 18-. 2. The said A. B. and J. M. are the persons respectively named and described as "A. B., bachelor," and "J. M., spinster," in the certificate marked A, now produced and shown to me and purporting to be a copy of an entry of the said marriage in the register book of marriages for the said parish of- for the year 18—. 3. The said A. B. had two children only by his said wife, namely, C. B., who was born on the day of 18. The said C. B. is the person named and described as "C., son of A. and J. B." in the certificate marked B., now produced and shown to me and purporting to be a copy of the entry number in the register of births in the district of in the county of the year 18 4. The said A. B., died on the 18--, he is the person named in the certificate marked C., now produced and shown to me, and purporting to be a copy of the entry number in the register of deaths in the district of in the county of for the year 18—. 52. Notice of Allowance of Claim. (0. 24, r. 11.) The claim sent in by you as heir-at-law [or next of kin] of A. B., the intestate in the plaint in this action named. Or to the legacy of £300 bequeathed by the will of A. B. &c., to the children of his (the testator's) brother, H. B., has been allowed with £- for costs. Registrar of the Court. 53. Registrar's Certificate (278). 54. Notice that the Certificate may be Inspected (280). 55. Ord r for Sale of Outstanding Debts (262). 56. Order for Sale of Real Estate (263). 57. Order on further Consideration when Assets Insufficient to pay Debts. This action coming on for further consideration and upon reading the order of this Court made on the - [original order for accounts and inquiries] and the certificate of the registrar dated the day of 18-, made in purand suance of the said order and the orders of this Court dated the and upon hearing the solicitors for [names of parties appearing] and no one appearing for though served with notice of the said order, and it appearing that the testator's [or intestate's] personal estate is not sufficient for the payment of his debts in full: It is ordered: 1. That the defendant do pay the amount of the plaintiff's taxed costs to Mr. J. B., his solicitor out of the sum of £-being the balance by the certificate of the registrar found to be due from the defendant on account of the personal estate of A. B. the testator [or intestate], and that the defendant do also out of such balance retain the amount of his taxed costs. 2. That the balance of the said sum of £ after payment of the said costs be apportioned among the creditors of the testator [or intestate] in proportion to the amounts which in the first schedule to the said certificate are certified to be due to them respectively, and that the defendant do pay the several amounts so apportioned to the said creditors. 58. Order on further Consideration in an Action by the Next-of-kin. Upon hearing &c. [as in lust form]: It is ordered : : 1. That out of the sum of £- now in Court there shall be paid the amount of the plaintiff's taxed costs to Mr. J. B., his solicitor, and the amount of the defendant's taxed costs to Mr. L. M., his solicitor. 2. That the residue of the moneys then in Court shall be applied and paid out as follows:-One-third share thereof to the plaintiff as the brother, and one of the next-of-kin of E. F., the intestate, one other third share thereof to the defendant as the brother, and one other of the next-of-kin of the intestate, and the remaining one-third share of the said residue to M. T. as the brother and the other next-of-kin of the said intestate. 59. Order on further Consideration in an Action by a Legatee. Upon hearing Mr. J. B., solicitor for the plaintiff, and Mr. L. M., solicitor for the defendant, and upon reading the certificate of the registrar dated the day of, 18-: It is ordered: day of 1. That the defendant C. D., the executor of E. F. the testator, do on or before the pay into Court the sum of £——, being the amount found by the said certificate to be due from the defendant on account of the personal estate of the said testator. 2. [Insert paragraph 1 in last form.] 3. That after making such payments the amounts due to the several legatees as stated in the schedule to the registrar's certificate shall be paid to them respectively. 4. And the residue (if any) of the moneys then in Court shall be paid to the residuary legatee. N.B.-Under sec. 88 of C. C. Act, 1846, and sec. 21 of the C. C. Equitable Jurisdiction Act, 1865, the Judge has as absolute a discretion over the costs of the action as the Judges of the High Court have under S. C. O. 65, r. 1 (Plumb v. Craker, 54 L. T. (N.S.) 404). 60. Order of Transfer of Action to the High Court (289). 61. Order for payment of a Legacy into the High Court (288). SECTION 5.-- FORECLOSURE AND REDEMPTION OF MORTGAGES. 1. Particulars in Foreclosure Action where the Debt is under £50, and Plaintiff claims that Defendant may be ordered to Pay the Debt (268). 2. Particulars in Foreclosure Action where no Claim is made against Defendant personally. By an indenture of mortgage, dated the day of —, 18—, and made between the defendant of the one part, and the plaintiff of the other part, the defendant conveyed [or assigned] to the plaintiff, his heirs [or executors, administrators] and assigns a freehold [copyhold or leasehold] cottage, with the garden and appurtenances, situate at within the jurisdiction of this Court, for securing payment to the plaintiff of the principal sum of £, with interest thereon, after the rate of £5 per centum per annum, subject to redemption on payment by the defendant of the said principal and interest sums on the day of 18-. There is now due from the defendant to the plaintiff the sum of £- for principal and interest on the said mortgage. The said mortgage does not exceed in amount the sum of £500. The plaintiff claims that the Court will order the defendant to pay him the said sum of £, with such further sum for interest as may accrue between the entry of this plaint and the day of payment, and also the costs of this suit, on some day to be named by the Court, and in default that the equity of redemption of the said mortgaged premises may be foreclosed, or that the said premises may be sold, and the proceeds applied in payment of the said principal and interest sums and costs. 3. Particulars in an Action for Redemption of a Legal Mortgage. [Insert statement as in the first paragraph of the last form.] On the day of 18-, the defendant entered into the receipt of the rents of the said premises, and has thereby received sums which were sufficient not only to keep down the interest but to pay off a part of the said principal sum of £ The plaintiff has applied to the defendant for an account of his receipts and payments in respect of the said mortgaged premises, but he refuses to furnish the same. The plaintiff has offered, and is still willing to pay, the defendant what is justly due and owing for principal and interest; the defendant has nevertheless threatened and intends to sell the said mortgaged premises under the power contained in the said mortgage. The plaintiff claims :— 1. That an account may be taken of the principal money and interest (if any) due on the said mortgage. 2. An account of the rents and profits of the said mortgaged property received by the defendant. 3. That the plaintiff may redeem the said premises, and that the defendant may be ordered to re-convey [or re-assign] the same to him upon payment of what may be found to be due to the defendant, with such costs (if any) as the Court may order, and that the Court will give all proper directions for the preparation and execution of such re-conveyance [or re-assignment], and doing such other acts as may be necessary to put him into possession of the said premises freed from incumbrances. 4. That in the meantime the defendant may be restrained from selling or disposing of, or attempting to sell or dispose of, the said mortgaged premises. 4. Order Restraining Sale by Mortgage. The plaintiff undertaking by his solicitor to abide by any order this Court may make as to damages in case this Court shall hereafter be of opinion that the defendant shall have sustained any, by reason of this order, which the plaintiff ought to pay. Now therefore C. D., the defendant in this cause, his solicitors and agents, are hereby strictly enjoined and restrained from selling or disposing of, or attempting to sell or dispose of, the [describe mortgaged premises], or any part thereof, until the day after the day upon which this cause shall be heard, or until further order [or until the day of, upon which this Court will consider whether this order shall be further continued). If you the said C. D., your solicitors or agents, 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. 5. Particulars in an Action for Redemption of an Equitable Mortgage or Lien. On the the plaintiff deposited with the defendant the title-deeds and writings relating to a freehold messuage and farm, called Black Acre, situate at for securing payment to the defendant of the sum of £300 and interest thereon at the rate of £5 per centum per annum. The said principal sum of £300 is still due and owing to the defendant on the said equitable mortgage, but all interest in respect thereof has been paid up to the On the the plaintiff tendered and offered to pay to the defendant the said sum of £300 with £- for interest then due thereon, but the defendant refused to accept the same on the ground that a further sum of £- was due to him for costs and expenses in respect of the said equitable mortgage. The plaintiff refused to pay such sum of £- because he was under no liability therefor. The plaintiff is ready and willing, and hereby offers to pay to the defendant the said principal sum with the interest thereon, and such costs (if any) as he may be liable to pay in respect of the said equitable mortgage. The plaintiff claims that an account may be taken of what is due to the defendant for principal and interest money, and costs (if any) on the said equitable mortgage, and that the plaintiff may redeem the same on payment thereof. 6. Order for Reference in a Foreclosure Action by a Legal Mortgagee (264). 7. Order for Sale in an Action by a Legal or Equitable Mortgagee or Person entitled to a Lien (265). 8. Order in an Action for Foreclosure or Sale where an Immediate Sale is directed under Section 25 of the Conveyancing and Real Property Act, 1881 (267). 9. Judgment for Foreclosure (266). 10. Judgment in Foreclosure where the Debt is under £50, and Plaintiff Claims that Defendant may be ordered personally to Pay the Debt (269). 11. Judgment for Redemption of a Legal or Equitable Mortgage or Lien. It is ordered that it be referred to the registrar to take an account of what is due to the defendant for principal and interest on the mortgage [or equitable mortgage or lien] mentioned in the plaintiff's particulars (making allowance on one side or the other for any rents or profits received by the defendant, and for any sums of money lawfully expended by the defendant about the mortgaged premises), and to tax the defendant's costs, and upon the plaintiff paying into Court what shall be certified to be due to the defendant for principal and interest as aforesaid, together with the said costs, it is ordered that the defendant do (re-convey the said mortgaged premises free and clear from all incumbrances done by him, or any person claiming by, from, or under him, and do) deliver up to the registrar all deeds and writings in his custody, or power relating thereto, and that upon such (re-conveyance being made and) deeds and writings being delivered up the registrar shall pay out to the defendant the said sum so paid in as aforesaid, for principal interest and costs, and the registrar shall deliver the said re-conveyance deeds and writings to the plaintiff, but in default of the defendant paying into Court such principal interest and costs within the time aforesaid, It is ordered that this action be dismissed with costs to be taxed by the registrar. [N.B.-Where the state of the account is ascertained at the first hearing instead of the order of reference to the registrar, begin: It is declared that the sum of £is now due to the defendant for principal and interest on the mortgage [or equitable mortgage or lien] mentioned in the plaint, and it is ordered that the registrar do tax the defendant's costs of this action, and that —] An equitable mortgagee for £65 suing in the High Court for a foreclosure was allowed costs on the County Court scale only (Crozier v. Dowsett, 53 L. T. (N.S.) 592.) SECTION 6.-SPECIFIC PERFORMANCE AND DELIVERY UP AND CANCELLATION OF AGREEMENTS FOR THE SALE OR LEASE OF PROPERTY. (C. C. Act, 1865, sec. 9.) 1. Particulars in an Action by Vendor for Specific Performance of a Contract to Purchase a Freehold House (270). 2. Particulars in an Action for Specific Performace of an Agreement to 3. Particulars in an Action by Vendor for Specific Performance of an day of By an agreement in writing dated the —, 18-, and signed by C. D. the defendant, the plaintiff agreed to sell to the defendant and the defendant agreed to purchase of the plaintiff a messuage called, and the outbuildings and garden thereto belonging, situate at for the residue of a term of years granted by an indenture of lease dated the day of 18-, and made between X. Y. of the one part and the plaintiff of the other part. The purchase-money for the said premises was the sum of £450, and on account thereof the defendant paid £50 to the plaintiff. By the terms of the said agreement the said purchase was to be completed day of last. on the The plaintiff has on several occasions applied to the defendant to pay the balance of the said purchase-money and to accept an assignment from the plaintiff of the said premises, but the defendant has refused and still refuses to do so. The purchase-money does not exceed £500. The plaintiff claims that the said agreement be specifically performed by the defendant. The plaintiff has always been ready and willing and hereby offers specifically to perform the said agreement on his part. The plaintiff claims £50 damages from the defendant for breach of the said agreement. 4. Particulars in an Action by Purchaser for Specific Performance of an 18-, and signed by plaintiff and the plaintiff £450 a freehold estate By an agreement in writing dated the day of the defendant, the defendant contracted to sell to the agreed to purchase of the defendant at the price of situate at -, and consisting of a dwelling-house, outbuildings and garden, then in the occupation of E. F. The said sale and purchase were to be completed on the day of last. The plaintiff has accepted the defendant's title to the said estate as disclosed by the abstract thereof delivered by him to the plaintiff. It appears by such abstract that the defendant is entitled to the said premises for an estate of inheritance free from incumbrances. |