SCHEDULE I. Court may make any order which it may think right respecting the costs of such reference. Ord. 9. Proof of compliance with Rules. Completion of Court may of Bill, Deed, &c. 6. In proving compliance with these rules, it shall not be necessary for any practitioner in the first instance to prove the contents of the bill of costs which he may have delivered, but it shall be sufficient to prove that a bill of costs was delivered in accordance with the provisions of this Order. 7. Upon the completion of the taxation of any bill referred, as aforesaid, the taxing officer shall submit for the approval of the Court the result of his taxation including costs, and the amount approved by the Court shall be final and conclusive as to the amount to be recovered, provided that the Court may in its discretion review any such approval: and it shall be lawful for the Court to order that judgment be entered for the amount approved, unless the retainer is disputed, or to make such other order as the Court may deem proper. 8. It shall be lawful for the Court to make an Order for the order delivery delivery by any practitioner of any bill of costs for business done by him; and the Court shall have the same powers as the High Court of Justice in England with respect to making orders for the delivery up by a practitioner of any deeds, documents, or things in his possession, custody, or power, belonging to a client. Applications to be by motion. Agreements for fixed Remuneration. Interpretation. 9. All applications made under this Order shall be by motion in the matter of the practitioner concerned. 10. Nothing in this Order contained shall be construed to prevent any practitioner from transacting any business for a fixed remuneration agreed upon between the said practitioner and his client, provided that the agreement be concluded prior to the commencement of the business, and be in writing and signed by the party to be charged, or by his agent thereunto lawfully authorized; and any practitioner may sue for and recover any sum agreed to be paid to him in the manner herein before provided, at any time after the completion of the business agreed to be done, as a simple contract debt, provided that the sum so agreed to be paid as aforesaid do not appear to the Court to be excessive and extortionate, in which case the Court may order the agreement to be set aside, and may direct the practitioner to deliver a bill of costs in accordance with the provisions of this Order. 11. In this Order "practitioner" includes every person enrolled as a practitioner in the Supreme Court of the Colony, and the executor, administrator, or assignee of any such person; and "Court 99 means a Divisional Court of the province in which the business which is charged for or any part thereof was done. In Civil procedure. THE SECOND SCHEDULE. ORDER I.-APPLICATION OF THE RULES. 1. The Rules in this Schedule shall be applied in all Civil causes, matters, and proceedings to which they extend. ORDINARY PROCEDURE IN A SUIT. I. The Institution of Suits. ORDER II.-FORM AND COMMENCEMENT OF SUITS. SCHEDULE II. 1. Every Suit shall be commenced by a Writ of Summons to be Commenceissued by the Registrar. The Summons shall issue without appli- of Summons. cation in writing. ment by Writ 2. It shall contain the name and place of abode of the Plaintiff Contents of and of the Defendant so far as they can be ascertained; it shall Writ of state briefly and clearly the subject-matter of the claim, and the Summons. relief sought for, and the date (called the Return-day) and place of hearing. 3. Every Writ of Summons, and also every other Writ, shall Date. bear date on the day on which it is issued. 4. Any alteration of the Writ without leave of the Court shall Void if altered render the Writ void. without leave. 5. No Writ of Summons for service out of the particular juris- No Service diction, or of which notice is to be given out of the particular juris- out of jurisdiction, shall be issued without leave of the Court. diction without leave of 6. In case service of the Writ shall not have been effected within Court. one year from the date thereof, the same shall become void. The Limitation Court may at any time before the expiration of the current period and renewal from time to time renew the Writ for a further period, not exceeding six months at any one time. of Writs. 7. The Plaintiff in any Suit may at the time of, or at any time Concurrent during twelve months after the issuing of the original Writ of Writs. Summons, issue one or more Concurrent Writ or Writs, each Concurrent Writ to bear teste of the same day as the original Writ, and to be marked by the Registrar with the word "Concurrent" and the date of issuing the Concurrent Writ: provided always that such Concurrent Writ or Writs shall only be in force for the period during which the Original Writ in such Suit shall be in force. A Writ for service within the jurisdiction may be issued and marked as a Concurrent Writ with one for service, or whereof notice in lieu of service is to be given out of the jurisdiction: and a Writ for service, or whereof notice in lieu of service is to be given, out of the jurisdiction, may be issued and marked as a Concurrent Writ with one for service within the jurisdiction. ORDER III.-PARTIES. 1. If the Plaintiff sues, or any Defendant is sued in any repre- Suit on behalf sentative capacity, it shall be expressed on the Writ. The Court of others. may order any of the persons represented to be made parties either in lieu of, or in addition to, the previously existing parties. 2. Where a person has jointly with other persons a ground for Joint ground instituting a Suit, all those other persons ought ordinarily to be made parties to the Suit. 3. Where more persons than one have the same interest in one Suit, one or more of such persons may be authorised to sue or to defend in such Suit for the benefit of or on behalf of all parties so interested. of Suit. Where joint interest Parties may be authorised to sue or defend for others. SCHEDULE II. 4. Where a person has a joint and several demand against more Ords. 3-4. persons than one, either as principals or as sureties, it is not necessary for him to bring before the Court as parties to a Suit concerning that demand all the persons liable thereto, and he may proceed against any one or more of the persons severally or jointly and severally liable. Where a Defendant claims contribution, indemnity, or other remedy or relief over against any other person he may apply to have such person made a party to the Suit. Joint and several Demand. Non-joinder or Mis joinder. 5. If it shall appear to the Court, at or before the Hearing of a Suit, that all the persons who may be entitled to, or who claim some share or interest in the subject-matter of the Suit, or who may be likely to be affected by the result, have not been made parties, the Court may adjourn the hearing of the Suit to a future day, to be fixed by the Court, and direct that such persons shall be made either Plaintiffs or Defendants in the Suit, as the case may be. In such case the Court shall issue a notice to such persons, which shall be served in the manner provided by the Rules for the service of a Writ of Summons, or in such other manner as the Court thinks fit to direct; and on proof of the due service of such notice, the person so served, whether he shall have appeared or not, shall be bound by all proceedings in the cause: Provided that a person so served, and failing to appear within the time limited by the notice for his appearance, may, at any time before judgment in the Suit, apply to the Court for leave to appear, and such leave may be given upon such terms (if any) as the Court shall think fit. The Court may at any stage of the proceedings, and on such terms as appear to the Court to be just, order that the name or names of any party or parties, whether as Plaintiffs or as Defendants, improperly joined, be struck out. Proceedings 6. Any persons claiming or being liable as co-partners may sue by or against or be sued in the name of their respective firms (if any); and any Partnerships. party to an action may in such case apply to the Court for a statement of the names of the persons who are co-partners in any such firm, to be furnished in such manner and verified on oath or otherwise, as the Court may direct. Distinct in one Writ. 7. In case a Writ states two or more distinct causes of Suit by Causes of Suit and against the same parties, and in the same rights, the Court may, either before or at the Hearing, if it appears inexpedient to try the different causes of Suit together, order that the trials be had separately, and make such order as to adjournment and costs as justice requires. Misjoinder of In what Cases. 8. In case a Writ states two or more distinct causes of Suit, but not by and against the same parties, or by and against the same parties but not in the same rights, the Writ may, on the application of any Defendant, be amended or dismissed, as justice may require. ORDER IV-PAPERS ANNexed. 1. Where a party seeks (in addition to or without any order for the payment of money) to obtain as against any person any general or special declaration of his rights under any Contract or Instru- SCHEDULE II. ment, or to set aside any Contract, or to have any Bond, Bill, Note, Ords. 4-5. or Instrument in writing delivered up to be cancelled, or to restrain any Defendant by Injunction, or to have an account taken between himself and any other party, and in such other cases as the nature of the circumstances makes it necessary or expedient, the Plaintiff or Defendant may, in the Writ of Summons or in any pleading, refer to and briefly describe any documents on the contents of which he intends to rely, and annex copies of such documents to the Writ or Pleading, or may state any reason for not annexing copies which he may have to allege. 2. Such party shall allow the opposite party to inspect any such Inspection of documents as are in his possession or power. ORDER V.-PARTICULARS OF DEMAND. Documents. 1. It shall be sufficient for the Plaintiff to state his Claim in the Particulars of Writ of Summons briefly in a general form, but he may deliver to Claim. the Registrar at the time of making application for the Writ of Summons particulars of his demand in any form which shall give the Defendant reasonably sufficient information as to the details of his Claim. Whenever the Plaintiff shall deliver such Particulars he shall also deliver to the Registrar as many duplicates thereof as there are Defendants. Any Judge or Commissioner may, in his discretion, refuse to sign any Writ of Summons until the Plaintiff shall have delivered to the Registrar such Particulars and duplicates provided that where the Plaintiff is illiterate and unable to furnish particulars in writing, the Particulars and duplicates thereof shall be prepared by the Registrar from the dictation of the Plaintiff or his agent. The Registrar shall annex the Particulars to the Writ of Summons, and shall annex a duplicate thereof to each copy of the Summons for Service. 2. The Court may, on the application of the Defendant, or on Further its own motion, order further or better particulars. Particulars. 3. The Plaintiff shall not, at the Hearing, obtain a judgment Effect thereof. for any sum exceeding that stated in the Particulars, except for subsequent interest and the Costs of Suit, notwithstanding that the sum claimed in the Writ for debt or damages exceeds the sum stated in the Particulars. 4. Particulars of Demand shall not be amended except by leave Amendment of the Court, and the Court may, on any application for leave to thereof. amend, grant the same on its appearing that the Defendant will not be prejudiced by the amendment. Otherwise the Court may refuse leave or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires. 5. Any variance between the items contained in the Particulars Amendment and the items proved at the Hearing, may be amended at the thereof at Hearing, either at once or on such terms as to notice, adjournment or costs, as justice requires. Trial. SCHEDULE II. To assign place for Service. Court may require Security in respect of Counterclaims. By Divisional ORDER VI.-PLAINTIFF OUT OF JURISDICTION. 1. Where a Plaintiff, on whose behalf or by whom a Suit is instituted or carried on, either alone or jointly with any other person, is out of the jurisdiction, or is only temporarily therein, he shall assign a fit place within the jurisdiction where notices or other papers issuing from the Court may be served on him. 2. If it shall be made to appear on Oath or Affidavit to the satisfaction of the Court that the Defendant has a bona fide counterclaim against such Plaintiff which can be conveniently tried by the Supreme Court, it shall be lawful for the Court in its discretion to stay proceedings in the Suit instituted by such Plaintiff until he shall have given such security to comply with the orders and judgment of the Court with respect to such counter-claim as the Court shall think fit. ORDER VII.-ISSUE OF WRIT. 1. The Writ of Summons may be sued out and issued either in the Divisional Court where the Suit is to be tried, or by the ComDistrict Commissioner of the District where the Defendant resides. missioner. Court may appoint Guardians to dants and ORDER VIII.—GUARDIAN FOR PURPOSES OF SUIT. 1. Where on default made by a Defendant in answering or otherwise defending the Suit, after service of the Writ, it appears Infant Defen- to the Court that he is an infant, or a person of weak or unsound mind, so that he is unable of himself to defend the Suit, the Court may, if it thinks fit, on the application of the Plaintiff, or of its own motion, appoint by order some fit person to be Guardian of the Defendant for the purposes of the Suit, by whom he may defend it. Persons of weak mind. Notice and Service thereof. Suits by Suits relating to Land. 2. Before such an order is made the Court shall cause such notice as it thinks reasonable to be served on, or left at the dwelling-house of the person with whom, or under whose care, the Defendant is, and also, unless the Court sees good reason to the contrary, in the case of an infant not residing with or under the care of his Guardian to be served on or left at the dwelling-house of his Guardian. 3. Infants or persons of weak or unsound mind may sue as Plaintiffs by their Committee or next friend, on such terms as to the liabilities for costs and otherwise of such Committee or next friend as the Court shall deem just. ORDER IX.-PLACE OF TRIAL AND OF INSTITUTING SUITS. Subject to the provisions of the Ordinance respecting transference, the place for the trial of any Suit or matter shall be regulated as follows: 1. All Suits relating to land, or any mortgage or charge thereon, or any other interest therein, or for any injuries thereto, and also all actions relating to personal property distrained or seized for any cause, shall be commenced and determined in the Province in which the land is situated, or the distress or seizure took place. |