Ord. 9.

shall have delivered to the party to be charged there with, either SCHEDULE I. by serving the same personally, or by sending through the post by registered letter to, or by leaving at the office, place of business, dwelling house, or last known place of abode of, such party a bill of costs, signed by himself (or in case of a partnership by any of the partners either in his own name or in the name of the partnership) or enclosed in, or accompanied by, a letter signed in like manner and referring to such bill.

Court to tax

2. Upon application to the Court either by the practitioner Either Party making the demand or by the party to be charged within such may apply to time as in the last preceding rule mentioned, the Court shall refer the Bill. the bill and the demand of the practitioner to be taxed and settled by the taxing officer of the Court, and the Court shall restrain such practitioner from commencing any suit touching such demand pending such reference.

Provided that :

within Six

(a) It shall be lawful for such reference as aforesaid to be made Reference upon the application of either party at any time within may be made six months from the date of the delivery of the bill, with Months: such directions and subject to such conditions as to the Court may seem just, and the Court may restrain the practitioner from commencing or prosecuting any suit touching his demand pending such reference.

Judgment.

(b) No such reference as aforesaid shall be directed after but not afterjudgment shall have been obtained in any suit for the wards: recovery of the demand of any practitioner, unless or nor after until such judgment shall have been reversed or set aside, or, after the expiration of six months from the date of the delivery of the bill as aforesaid, except under special circumstances to be proved to the satisfaction of the Court to which application shall be made.

3. Upon any reference as aforesaid, if either party refuse or Non-attendneglect to attend the taxation after due notice, the taxing officer ance on may proceed to tax and settle the bill ex parte.

Taxation.

4. In any reference as aforesaid the costs of taxation shall be Costs of paid according to the event (except as in Rule 5 provided), that Taxation. is to say, if such a bill when taxed be less by more than a sixth part than when presented for taxation, then the practitioner shall pay such costs, and in any other case the party to be charged shall pay such costs.

5. Every order to be made for any reference as aforesaid shall Form of direct the taxing officer to certify what shall be found due to or Order. from the practitioner in respect of the bill referred including the Special Cases. costs of the reference. Provided that the taxing officer may certify any special circumstances relating to the bill or reference, and the Court may make any order which it may think right respecting the costs of such reference.

6. In proving compliance with these rules, it shall not be Proof of necessary for any practitioner in the first instance to prove the compliance contents of the bill of costs which he may have delivered, but

with Rules.

SCHEDULE I. it shall be sufficient to prove that a bill of costs was delivered in accordance with the provisions of this Order.

Ord. 9.

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 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.

9. All applications made under this Order shall be by motion. in the matter of the practitioner concerned.

10. 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 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.

Commence

ORDINARY PROCEDURE IN A SUIT.

I. The Institution of Suits.

ORDER II.-FORM AND COMMENCEMENT OF SUITS.

1. Every Suit shall be commenced by a Writ of Summons to be ment by Writ issued by the Registrar. The Summons shall issue without

of Summons.

Contents of
Writ of
Summons.

Date.

application in writing.

2. It shall contain the name and place of abode of the Plaintiff and of the Defendant so far as they can be ascertained; it shall state briefly and clearly the subject-matter of the claim and the 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 bear date on the day on which it is issued.

4. Any alteration of the Writ without leave of the Court shall SCHEDULE II. render the Writ void.

Ords. 2-3.

without leave.

5. No Writ of Summons for service out of the particular juris- Void if altered diction, or of which notice is to be given out of the particular jurisdiction, shall be issued without leave of the Court.

The

6. In case service of the Writ shall not have been effected within one year from the date thereof, the same shall become void. Court may at any time before the expiration of the current period from time to time renew the Writ for a further period, not exceeding six months at any one time.

No Service out of jurisdiction without leave of

Court. Limitation and renewal 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.

Notice.

8. Whenever a Writ of Summons shall be issued on the appli- Hearing cation of any person, the Registrar shall forthwith give or cause to be given to such person or his agent applying for the Summons a Hearing Notice. Such notice shall also be served upon the Defendant together with the Writ of Summons.

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 of Suit. 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.

Where joint interest

Parties may be authorised to sue or

others.

Joint & nd

4. Where a person has a joint and several demand against more defend for 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 several concerning that demand all the persons liable thereto, and he may Denind. proceed against any one or more of the persons severally or jointly and severally liable. Where a Defendant claims contribution,

SCHEDULE II. indemnity, or other remedy or relief over against any other person he may apply to have such person made a party to the suit.

Ords. 3-4.

Non-joinder or Mis

joinder.

Proceedings by or against Partnerships.

Distinct Causes of Suit in one Writ.

Misjoinder of
Suits.

In what cases.

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.

6. Any persons claiming or being liable as co-partners may sue or be sued in the name of their respective firms (if any); and any 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.

7. In case a Writ states two or more distinct causes of Suit by 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.

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 Instrument, or to set aside any Contract, or to have any Bond, Bill, Note, 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

Ords. 4-6.

or Defendant may, in the Writ of Summons or in any pleading, SCHEDULE II. 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.

Trial.

5. Any variance between the terms 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.

ORDER VI.-PLAINTIFF OUT OF JURISDICTION.

1. Where a Plaintiff, on whose behalf or by whom a Suit is To assign instituted or carried on, either alone or jointly with any other Service. place for