PART IV. in the case of money, or the transfer ticket in the case of stock,] has this CHAP. III. day delivered to me, the registrar of the court, a receipt dated [name of officer of the Post Office Savings Bank], for the sum of £ stating that [state receipt], [or, a transfer ticket of the Governor and Company of the Bank of England, stating that [state as in ticket]. Registrar of the court. Certificate of Deposit or Security (p). In the County Court of holden at In the matter of "The County Courts Act, 1867," In the matter of this (Seal.) and I hereby certify that [state the name, address, and description of the party depositing with the registrar the security], has this day deposited with me, the registrar of this court, in the name of myself and the treasurer [here state the nature of the security deposited]. Registrar of the court. Notice of Payment into Post Office Savings Bank or of Transfer of Stock or Deposit of Security (q). day of and of Take notice, that on the day [state name, address, and description of party who has paid in the money] under the said act paid into the Post Office Savings Bank at in the name of me, the registrar of this court, the sum of £ and in his affidavit filed in this court on the shortly described the instrument creating the trust, and stated the names of the person interested in or entitled to the fund, to the best of his knowledge and belief, as follows, that is to say [state from the affidavit the paragraph containing the names of the persons interested or entitled] [or, "transferred into the names of and of me, the registrar of this court, in the books of the Governor and Company of the Bank of England, the sum of £ Bank £3 per Cent. Consolidated Annuities, in trust to attend the orders of this court, or deposited with me in the names of of of me the registrar of this court in trust to attend the orders of this court [here describe security"]. of and And further, take notice, that any person interested in, or entitled to, the said fund, may apply to this court respecting the investment, payment out, or distribution of the fund, or of the income thereof, according to the practice of the court. Registrar of the court. (p) County Court Forms in Equity, 1868, No. 52. day of Take notice, that on the [state name, address, and description of party who has deposited the security] under the said act deposited with the registrar of this court, in the names of yourself and myself, in trust to attend the orders of this court (here describe security). Registrar of the court. To E. E., Treasurer, (or as the case may be.) Letter to Commissioners of Treasury as to Drawing out Money (8). (Seal.) My Lords, County Court Office, I have the honor to request that an authority may be addressed to the postmaster-general to allow me to draw out of the Post Office Savings Bank the sum of £ [here insert the sum desired to be drawn out, adding, where the sum is not to pay interest], being the sum I am directed to draw out by order of court dated the 187 . day of I am, my Lords, Your obedient servant, Registrar of the County Court PART IV. CHAP. III. The Order and Rules provide that "The high bailiff shall serve all documents issued to him by the registrar for service, and execute all warrants" (t). "Every document the mode of serving which is not specially defined by these orders, may be served, and the service thereof may be proved in conformity with the practice that has heretofore prevailed in the county courts as to the service of summonses, excepting so far as the same relates to the time of service” (u). "Where by reason of the absence of any party, or from any other sufficient cause, the service of any summons, notice, proceeding or document cannot be made, or ought in the opinion of the judge to be dispensed with, the judge may wholly dispense with such service, or may, at his discretion, order any substituted service or notice by advertisement or otherwise in lieu of such service" (x). Order XXI. Services and executions. Order XXIII. Rule 3. Service. Rule 14. Substituted service. "The fee for service of process shall be taken in respect of each Order XXIII. PART IV. defendant to be served, and where the process is to be served in a CHAP. III. foreign district, a fee for each affidavit of service" (y). Order I. Rule 9. Service of summons. Rule 10. Service of Summons in Proceedings by Plaint and Summons under Sect. 2.]-The summons, with a copy of the plaint annexed thereto, shall be issued by the registrar to the bailiff forthwith, who shall serve the same within seven days, and the service thereof shall be proved, in conformity with the present practice of the county courts; provided always, that the court may, upon facts duly verified by affidavit, allow substituted service where justice requires it" (z). "Where a defendant shall be out of England, the judge, or in his Service when absence the registrar, may, upon an affidavit of the fact, direct the service of the plaint and summons to be effected within such time and in such manner as the judge or registrar may think fit” (a). defendant is out of jurisdiction of county courts. Order XI. Registrar to Rule 22. Service of Affidavit in support of Application for substituted Service (b). I, J. S., of [address and description], make oath and say as follows:State facts showing that defendant has been within the jurisdiction of the county courts at some time not more than two years before the plaint was filed, and that he is beyond the seas. Or, that upon inquiry at his usual place of abode (if he had any), or at any other place or places where prior to the time when the plaint was filed he might probably have been met with, he could not be found so as to be served, and that in either case there is just ground to believe that he has gone out of the realm or otherwise absconded to avoid being served, and that service on J. N. will be effective to reach C. D. at Then state deponent's means of knowledge of the facts deposed to. Order for substituted Service (c). It appearing to me, upon the affidavit of that it is desirable for the purposes of this suit that service of the plaint be made upon Dated this day of J. S., Judge. Service of Petition or Notice in Proceedings under Sects. 3 & 4.]-" The registrar, upon receiving any such petition or notice and the copies thereof, shall issue the copies under the seal of the court to the bailiff for service upon the respective persons to whom they are addressed, together with a notice, signed by himself and under the seal of the court, informing them of the day and hour on which the petition or application will be heard, and that if they do not attend, either in person or by their attorneys, such order will be made and proceedings taken as the judge may think just and expedient" (d). "The bailiff of the court shall, four days at least before the hearing, petitions and serve all copies of such petitions and notices" (e). notices. As to service in general, see ante, Vol. I., pp. 160, 298, 444. (y) This is an additional rule given (b) County Court Forms in Equity, 1868, No. 2. See form of heading (d) County Court Orders and Rules CHAPTER IV. THE DEFENDANT'S PROCEEDINGS IN A SUIT. §1.-ADMISSION. § 2.-DISCLAIMER OR ANSWER. § 3. STAYING PROCEEDINGS. § 1.-ADMISSION. "Where any defendant desires to admit the truth of the allegations in the plaint, and to submit to the judgment of the court, he may, at any time before the return-day of the original summons, in the presence of a registrar of a county court, or in the presence of one of his clerks, or of an attorney of one of the superior courts, sign an admission in the form contained in the schedule to these orders; and the signature of the defendant thereto shall be verified by affidavit, unless signed in the presence of the registrar of the court in which the suit is, or of one of his clerks" (a). "The admission shall be delivered to the registrar, together with a copy thereof for each of the plaintiffs, or, where the plaint is filed by an attorney, with a copy for such attorney only; and the registrar shall forthwith file the same, and transmit a copy by post to each plaintiff, or the attorney, as the case may be, and after the receipt of such copy the plaintiff shall be entitled to the costs then already incurred, and to the further costs of attending the court and obtaining the decree or order to be made upon such admission, but to no other costs" (b). Defendant's Admission (c). I, the undersigned defendant, admit the truth of the allegations in the plaint, and hereby submit to the judgment of the court thereon. Signed in the presence of (Signed) C. D., defendant. [This paper marked (A.) is the paper referred to in the annexed affidavit.] Affidavit of Signature to Defendant's Admission (d). of gentleman, an attorney of her Majesty's Court at Westminster, make oath and say, that I was present on one thousand eight hundred and sixty I, of the day of (a) County Court Orders and Rules in Equity, 1868, Order XI. Rule 1. (b) Id. Rule 2. and Order II. Rule 1. Admission. Rule 2. Notice of admission. PART IV. CHAP. IV. did see the above-named C. D., the defendant, sign the statement hereunto annexed, marked with the letter A., and that the name set to the said statement is in the handwriting of the defendant, and that the name set to the said statement as the witness attesting the same is in my handwriting. § 2.-DISCLAIMER or Answer. It seems doubtful whether a defendant in any suit in equity in the county court is compelled under any circumstances to give notice of a special defence, as in the case of actions (e). "The County Courts Act, 1846" (9 & 10 Vict. c. 96), sect. 76, provides, that "no defendant shall be allowed to set-off any debt or demand claimed or recoverable by him from the plaintiff, or to set up by way of defence and to claim and have the benefit of infancy, coverture or any statute of limitations, or of his discharge under any statute relating to bankrupts, or any act for relief of insolvent debtors, without the consent of the plaintiff, unless such notice thereof as shall be directed by the rules made for regulating the practice of the court shall have been given" (f). "The County Courts Act, 1865" (28 & 29 Viet. c. 99), giving the equitable jurisdiction to county courts, requires the above (and other) acts to be read and construed as one act. The question is, therefore, whether the County Court Rules direct notice of the above defences to be given in equitable suits. The County Court Rules relating to special defences are the "Common Law Rules," as distinguished from the "Orders and Rules in Equity;" the latter orders and rules, however, expressly provide that "the rules and forms and practice in actions in the county courts shall, subject to these orders, be adopted with reference to suits and proceedings in equity, so far as they shall be respectively applicable" (g). Are the Common Law Rules, then, relating to special defences applicable to suits in equity? A difficulty in answering in the affirmative arises from the fact, that the rules relating to defences require notice to be given, not only in the cases mentioned in "The County Courts Act, 1846," but also where a defendant relies on "an equitable or statutory defence" (h). An "equitable defence," then, clearly means an equitable defence to an action; and it is clearly impossible to contend that notice is required, if the rule is applicable to suits in equity. The safest course seems to be, to treat the rules relating to any special defence mentioned in "The County Courts Act, 1846," as applicable to suits in equity, and (e) See ante, Vol. I., pp. 188192. (f) See the section, ante, Vol. I., p. 189. (g) County Court Rules and Orders in Equity, 1868, Order XXIII. Rule |