WEIGHTS AND MEASURES. Administration. ORDER IN COUNCIL SPECIFYING FEES TO BE TAKEN ON VERIFICATION AND MARKING OF MEASURES UNDER THE CRAN MEASURES ACT, 1908 (8 EDW. 7, c. 17) BY INSPECTORS OF LOCAL AUTHORITIES. 1908. No. 1144. At the Court at Windsor Castle, the 21st day of PRESENT, The King's Most Excellent Majesty in Council. Whereas by the Cran Measures Act, 1908, it is (among other things) enacted that an inspector of weights and measures may take in respect of the verification and marking of a measure under that Act such fees as may be specified by Order in Council and no others: And whereas it has been made to appear that the fees specified in the Schedule hereto are reasonable and proper: Now, therefore, His Majesty, by virtue of the power vested in Him by the said Act, by and with the advice of His Privy Council, is pleased to direct that the fees specified in the Schedule hereto shall be taken by the Inspectors of Weights and Measures on the verification and marking of a measure under the said Act.* See The Cran Measures Regulations, 1908, printed under "Fishery" at p. 353 above. Order 19, Order 31, London Mayor's Court. THE MAYOR'S COURT OF LONDON, RULES, 1903. Made in pursuance of the Mayor's Court of London Procedure NOTE.-The letters and figures in the margin refer to the corresponding Rules of the Rules of the Supreme Court. ORDER I. 1. A further and better statement of the nature of the claim, or defence, or further and better particulars of any matter stated in any pleading, notice or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just. ORDER II. 1. Where inspection of any business books is applied for, the Court or a Judge may, if they or he shall think fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations. Provided that, notwithstanding that such copy has been supplied, the Court or a Judge may order inspection of the book from which the copy was made. 2. Where, on an application for an order for inspection, privilege is claimed for any document, it shall be lawful for the Court or a Judge to inspect the document for the purpose of deciding as to the validity of the claim of privilege. 3. The Court or a Judge may, on the application of any party to a cause or matter, at any time, and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any one or more specific documents to be specified in the application is or are, or has or have at any time been in his possession or power; and if not then in his possession, when he parted with the same, and what has become thereof. Such applications shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has or has at some time had in his possession or power the documents specified in the application, and that they relate to the matters in question in the cause or matter, or to some of them. ORDER III. If the Plaintiff does not within six weeks after the close of the pleadings, or within such extended time as the Court or a Judge may allow, give notice of trial, the Defendant may, before notice of trial given by the Plaintiff, give notice of trial, or may apply to the Court or Judge to dismiss the action for want of prosecution; and on the hearing of such application, the Court or a Judge may order the action to be dismissed accordingly, or may make such other order, and on such terms as to the Court or Judge may seem just. ORDER IV. Every Order of the Court or a Judge, in any cause or matter, may be enforced against all persons bound thereby in the same manner as a judgment to the same effect. ORDER V. (1.) Schedule "A" to the Mayor's Court Rules (Fees and Costs), 1890, shall be and is hereby amended as follows:In item numbered 9 therein, in lieu of the word "orders " read the word "application." (2.) In item numbered 23 therein, under column headed £20 and above," in lieu of the figure "5" read the figure "10." (3.) In schedule "B" to Mayor's Court Rules (Fees and Costs), 1890* (in Actions under £10), read in the following: any necessary attendance-3s. 4d.," and for service of any plaint in lieu of "2s. 6d." read "5s." These Rules may be cited as "The Mayor's Court Rules, 1903," and shall come into operation on the 1st day of September, 1903. Signed by me, this 3rd day of April, 1903. Order 36, Order 42, Forrest Fulton, Recorder of London. Approved by the Rule Committee of the Supreme Court. 9198 K. Muir Mackenzie, Secretary. * Printed St. R. & O. Rev., 1904, "Inferior Court, E," p. 95. 3 X THE MAYOR'S COURT OF LONDON, RULES, 1908. Rules made in pursuance of the Mayor's Court of London Procedure Act, 1857 (20 & 21 Vict., c. clvii.), and the Supreme Court of Judicature Act, 1884 (47 & 48 Vict., c. 61.). ORDER I. 1. In any action for a debt or liquidated money demand exceeding ten pounds, the Plaintiff may, on filing an affidavit made by himself, or by some person on his behalf who has knowledge of the facts according to Form A in the Appendix, cause to be issued a default plaint, according to the Form B in the Appendix. 2. Where a default plaint is issued, the Plaintiff should lodge with the Registrar a copy of the affidavit required by paragraph one of this rule, and such copy shall be annexed to the sealed copy action served therewith. 3. A default plaint shall be personally served on the Defendant, or each Defendant if more than one, or in the case of a firm in the manner provided by Order 1, Rule 3, M.C.L.R., 1892, and if any Defendant does not, within eight days after service of the summons (exclusive of the day of service), either pay the amount claimed into Court or file with the Registrar an affidavit with a copy thereof, stating that he intends to defend the action, and has a good defence thereto on the merits, and stating shortly the grounds of his defence, or stating that he has a counter-claim or set-off which he intends to set up, and stating shortly the grounds of such counter-claim or set-off, the Plaintiff shall be at liberty to sign judgment against him for the amount of his claim and costs. 4. Where a Defendant pays the amount claimed into Court, or files such affidavit, he shall be at liberty to enter an appearance. and the Court shall have power to fix a day for the trial of the action and give all such directions as to its further conduct as to the Court shall seem expedient. 5. The affidavit to be filed by the Defendant shall state whether the defence, counter-claim or set-off alleged goes to the whole or part only, and (if so) to what part, of the Plaintiff's claim, and if such defence, counter-claim or set-off applies only to a part of the Plaintiff's claim, the Plaintiff shall be entitled to have judgment entered up for that part of his claim to which the defence, counterclaim, or set-off does not apply, but the Plaintiff shall not be entitled to issue execution on such judgment, without leave of the Court, until the action is disposed of, and the action shall proceed as to the residue of the Plaintiff's claim. 6. Where any Defendant does not pay money into Court or file such affidavit as above mentioned, the Court may, upon an * Printed St. R. & O. Rev., 1904, "Inferior Court, E," p. 107, affidavit disclosing a defence on the merits and satisfactorily explaining his neglect, let in the Defendant to defend, upon such terms as may be just. 7. Where personal service cannot be effected, and the Court is satisfied by affidavit that reasonable efforts have been made to effect such service, and either that the summons has come to the knowledge of the Defendant or that he wilfully evades service of the same, the Court may order that the Plaintiff be at liberty to proceed as if personal service had been effected, subject to such conditions as may be just. 8. A default plaint shall not be issued against a Defendant who is a domestic or menial servant, a labourer, a servant in husbandry, a journeyman, an artificer, a handicraftsman, a miner, or any person engaged in manual labour. 9. The Fees and Costs under these Rules shall be regulated according to the authorised Scales of Fees and Costs in the Mayor's Court. These Rules may be cited as "The Mayor's Court of London, Rules, 1908," and shall come into operation on the first day of January, 1909. Signed by us this 25th day of March, 1908. AFFIDAVIT OF DEBT FOR ISSUE OF DEFAULT PLAINT AGAINST DEFENDANT. W THE MAYOR'S COURT, LONDON. I ake oath and say as follows: 1. : justly and truly indebted to me (or to the proposed Plaintiff) in the sum of for the price of goods sold (or for money lent), &c. And I (or the said (name of proposed Plaintiff) am (or is) desirous of tering a plaint and issuing a default plaint for the recovery of the said sum. 9198 3 X 2 |