124.-(1.) When a defendant desires to defend on behalf of others having the same interest, he shall, within seven clear days of the service of the summons, apply to the Court for leave so to defend, and shall file an affidavit of the facts on which he relies to obtain such leave, together with the names, addresses, and occupations of such persons, and the Court may thereupon make an order for the defendant so to defend, and shall add the names to that of the defendant in the Action Book, and a copy of the order shall be personally served on each of such persons, and notice sent to the plaintiff.

(2.) The plaintiff, or any of the persons whose names have been so added, may at the trial object to the defendant defending on behalf of all or any of the persons included in the order; and the Court may, if it think fit, strike the name of all or any of such persons out of the proceedings, and order the defendant to pay such costs as it shall think fit.

125.-(1.) When the defendant intends to rely upon any of the grounds of defence hereinafter mentioned, or upon any counterclaim, he shall file a notice, stating therein his name and address, together with a concise statement of such grounds, two days before the return day of the summons; the Registrar shall thereupon send a copy of such notice and particulars to the plaintiff.

(2.) If this Rule has not been complied with, and the plaintiff does not consent at the hearing to allow the defendant to avail himself of the special defence, the Court may adjourn the trial on such terms as it may think fit, to enable the defendant to give the required notice.

(3.) The notice to be given by the defendant under this Rule shall contain particulars as stated below:

1

2

Infancy

Particulars required in the Notice.

Set-off or counter-claim Particulars of counter-claim.
against plaintiff's claim

Release under any Statute
relating to bankrupts, or
for the relief of insol-
vent debtor
Statutory defence in an
action of tort

The place and date of birth as far as he is able.

The place and date of marriage, together
with the Christian and surname of her
husband, and his address and description
so far as known.

The date from which he relies that the
Statute begins to run.

The date of his certificate, discharge, or
final order, and the Court by which such
certificate, discharge, or final order was
granted or made.

The year, chapter, and section of the Statute on which he relies, or the short title thereof.

126. In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, particulars thereof shall be delivered to the other side before the return day, or such other day as the Court may fix.

127.—(1.) On the return day, or on the day when the parties are first before the Court, the Court, on the application of either party, or of its own motion, may make an order for

(a.) Pleadings.

(b.) Particulars of the plaintiff's claim, or of the defendant's counter-claim, or special defence raised under Rule 125.

(2.) Either party may at any time apply, by motion to the Court, for an order for pleadings or particulars.

(3.) When the Court makes an order for pleadings or particulars, then, unless the Court otherwise order, the pleadings or particulars which in ordinary course should be first delivered shall be delivered within fifteen days of the making of the order, and subsequent pleadings or particulars within fifteen days of the delivery to the opposite party of the previous pleadings or particulars.

(4.) Copies of pleadings or particulars, with a statement of the day on which they were delivered to the opposite party, shall be forthwith filed.

128. When, in any action, it appears to the Court that the issues of fact in dispute are not sufficiently defined, the parties may be directed to prepare issues, and such issues shall, if the parties differ, be settled by the Court.

Interlocutory and Interim Orders and Proceedings.

129. When any party desires, before trial, an order upon any of the matters following, viz. ::

(1.) For the production of any deed;

(2.) To secure the possession, detention, or preservation of any property;

(3.) To obtain security from any person for any moneys in his possession, or to enforce the payment into Court or deposit thereof pending litigation;

(4.) The sale of any goods, wares, or merchandize which may be of a perishable nature, or which the Court may think desirable to be sold at once, and the payment of the price thereof into Court; (5.) The inspection or taking samples of any goods, wares, or merchandize;

(6.) For measuring, weighing, or making any experiment upon any goods, wares, or merchandize by some person named in the order; (7.) For surveying, measuring, or making any plan, model, level, or section of any building or place;

(8.) For a view of any premises that may be in dispute;

(9.) The taking of any accounts, or making any inquiries, or for any other interlocutory or interim order or proceeding;

He may file an application for such order, and apply ex parte (i.e., without notice to the other side) to the Court, with affidavits showing the facts rendering such order immediately necessary, and upon this application the Court may either make an order absolute in the first instance, or make an order to become absolute at any period to be named by the Court, unless before that period cause is shown to the contrary, or may make such other order, or give such other directions in the matter, as the Court may think fit, and may order immediate execution. But affidavits are not necessary in the first instance unless the Court so orders.

130. Where an action is brought to recover, or a defendant in his defence seeks to recover by way of counter-claim, specific property other than land, and the party from whom it is claimed does not dispute the title of the claimant, but claims to retain the property by virtue of a lien or otherwise as security for any sums of money, the Court, upon being satisfied by affidavit or otherwise of the existence of such lien or security, may order that the claimant shall be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum (if any) for interest and costs as the Court shall direct, and that upon such payment being made into Court, the property shall be given up to the party claiming it.

131. The drafts of all orders under the two preceding Rules shall be prepared beforehand by the party applying, and if the Court approves of the application, it shall settle and sign the draft, which shall be delivered by the applicant to the Registrar, who shall draw up the order in conformity with the draft, and seal and file the same, and issue a copy under the seal of the Court to the Marshal for service.

Where, from any cause, the party is unable to prepare the draft order, it shall be prepared by the Court.

132. When orders under sub-sections 5, 6, and 7 of Rule 129 specify the performance of an act by a person named in the order, they may include an order for the Registrar, or some other person named in the order, to examine upon oath and take the deposition of the person first named as to the measure, weight, or inspection, or the correctness of the survey, or the result of the experiment, or the fairness of the samples, or the accuracy of the plan or model, and such order may also empower any or either party to give the deposition so taken in evidence upon any trial or proceeding.

133. An order under Rule 129, sub-section 7, may also give authority to a person to be named in the order to enter, with such persons as may be necessary for his assistance, upon any lands or tenements to be described in the order, in the possession of any party to the action, for the purpose of executing the order.

Discontinuance, Disclaimer, Admission, and Payment into Court.

134. A plaintiff who desires to discontinue the action or matter against all or any of the parties thereto shall give written notice to the Registrar and to the parties as to whom he wishes to discontinue the action or matter, and thereupon the party may apply ex parte for an order against the plaintiff for the costs incurred before the receipt of the notice, and of attending to obtain the order.

135. A defendant may file a statement

(1.) Disclaiming any interest in the subject matter of the action; (2.) Admitting or denying any of the statements in plaintiff's particulars;

(3.) Raising any question of law in any such statement without admitting its truth;

(4.) Stating concisely any new fact or document upon which he intends to rely as a defence, or to bring to the notice of the Court;

And a copy thereof shall be transmitted by the Registrar to the plaintiff.

The fact of a defendant having or not having availed himself of this Rule shall be taken into account in the consideration of the question of costs.

136. When a defendant desires to admit the truth of the statement in the plaintiff's particulars, and to submit to the judg ment of the Court thereon, he may, at any time before the return day, sign an admission in the presence of the Registrar, aud such admission shall be filed at least two clear days before the return [1899-1900. XCII.] 2 S

day, and the Registrar shall transmit a copy thereof to the plaintiff or his solicitor.

Unless by order of the Court, the plaintiff shall not be allowed any costs incurred in relation to the proof of the matter so admitted, after the service upon him of such an admission.

137.-(1.) When a defendant desires to pay money into Court on an ordinary summons, except under a defence of tender, he shall do so at least two clear days before the return day, with Court fees proportionate to the amount paid in, and the solicitor's costs, if any, and the Registrar shall immediately send to the plaintiff notice thereof.

(2.) When such payment is made less than two clear days before the return day, or without the costs, the Registrar shall in the same way send notice to the plaintiff'; but the Court may order the defendant to pay such fees and costs as the plaintiff shall have incurred in entering the plaint, preparing for trial, and attending the Court, but no hearing fee shall be charged.

(3.) If the plaintiff elects to accept the money paid into Court in full satisfaction of his claim, including costs, and gives the Registrar and defendant notice before the retuin day, within reasonable time after the payment, the action shall abate and the plaintiff shall not be liable to further costs; but if he does not give such notice the action may proceed.

(4) When a defendant pays into Court any sum admitted by him to be due after deducting any amount claimed by him as a set-off or counter-claim, he shall pay therewith Court fees proportionate to the total amount of the sum paid in and the sum claimed as set-off or counter-claim.

(5.) When a defendant pays into Court in part payment of the amount claimed, or under the defence of tender, and the plaintiff does not accept the sum paid in satisfaction of the action, the money shall not be paid out until after the judgment; and then, if any costs have been awarded to the defendant, the amount of such costs shall be deducted from the amount paid in and delivered to the defendant.

Discovery and Inspection.

138.-(1.) In any action either party may, by leave of the Court, deliver interrogatories in writing for the examination of the opposite parties, or any one or more of such parties, in which latter case they shall have a note at the foot, stating which of the interrogatories each person is required to answer.

(2.) Neither party shall deliver more than one set of interrogatories to the same party without an order of the Court.