Imatges de pÓgina
PDF
EPUB

THE MAYOR'S COURT OF LONDON, RULES, 1908.
DATED MARCH 25, 1908.

[blocks in formation]

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.

[ocr errors]

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.

[blocks in formation]

HE MAYOR'S COURT, LONDON.

Recorder of London.

Appendir A.

Common Serjeant.

Loreburn, C.
Alverstone, C.J.

Herbert H. Cozens-Hardy, M.R.
J. Gorell Barnes, P.
Arthur R. Jelf, J.
R. J. Parker, J.
Christopher James.

FIDAVIT OF DEBT FOR ISSUE OF DEFAULT PLAINT AGAINST DEFENDANT.

oath and say as follows :

tly 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.

1I (or the said (name of proposed Plaintiff) am (or is) desirous of ng a plaint and issuing a default plaint for the recovery of the said sum.

18

3 X 2

2. The Defendant has admitted his liability to this Claim, (or) I (or the proposed Plaintiff) have (or has) received no intimation that the proposed Defendant disputes or intends to dispute his liability to pay the whole or any part of the claim, and I verily believe that there is no defence to the proposed action.

3. The proposed Defendant is not a domestic or menial servant, a labourer, a servant in husbandry, a journeyman, an artificer, a handicraftsman, a miner, or a person engaged in manual labour.

4. I am a person in the employ of the proposed Plaintiff (or as the case may be), and that the facts herein deposed to are within my own knowledge, and that I am duly authorised by the proposed Plaintiff to make this affidavit. I do order that the above-named

be at liberty to enter a default plaint against the above-named

Judge or Registrar.

[blocks in formation]

TAKE NOTICE that the above Action has been commenced against you under Order 1, Rule 1, of the Mayor's Court Rules, 1908, and unless within Eight days from the service hereof you pay the amount of the Plaintiff's Claim into Court or file an affidavit stating that you intend to defend the Action and have a good defence thereto on the merits, and stating shortly the grounds of your defence, or that you have a counter-claim or set-off which you intend to set up, and stating shortly the grounds of such counter-claim or set-off, judgment will be signed against you by default.

If you file such affidavit, you must within such Eight days enter an appearan and serve notice thereof, together with a copy of the affidavit on the plaintif: Solicitors.

[merged small][ocr errors][ocr errors][merged small]

:

:

and £

for Costs, and in case the Plaintiff obtains an order for substituted service the further sum of £

If the amount claimed be paid to me within Eight days from the service hereof, all further proceedings will be stayed.

Yours, &c.,

Plaintiff's Solicitor.

of

To Mr.

the above named Defendant.

LANCASTER COURT OF CHANCERY.

REGULATION, DATED AUGUST 26, 1887, AS TO THE PAY-
MENT OF DUTIES OUT OF FUNDS IN COURT MADE BY
THE CHANCELLOR OF THE DUCHY AND COUNTY PALA-
TINE OF LANCASTER, WITH THE ADVICE AND CONSENT
OF THE VICE-CHANCELLOR OF THE COUNTY PALATINE.

From and after this 26th day of August, 1887, if and when any duty has been or shall be directed to be paid out of a Fund in Court, whether to a Solicitor or to any other person or in any other manner, and a requisition for such payment shall have been, or shall be made by or on behalf of the Commissioners of Inland Revenue, then and in such case, and notwithstanding any such direction as to other modes of payment as aforesaid, such duty shall be paid in manner following, that is to say:

A cheque for the amount of duty mentioned in the requisition shall be drawn by the Registrar in favour of the Receiver-General of Inland Revenue, and shall be crossed "Bank of England for Revenue."

The cheque shall be signed by the Registrar, and transmitted to the Comptroller for his signature, and when signed by him, shall be transmitted by him to the said ReceiverGeneral.

John Manners,

Henry Fox Bristowe,
V. C. Lancaster.

GENERAL ORDER AND RULE OF THE COURT OF CHANCERY OF THE COUNTY PALATINE OF LANCASTER. DATED MAY 13, 1891.

The Right Honourable John James Robert, Duke of Rutland, Chancellor of the Duchy and County Palatine of Lancaster, with the advice and consent of Sir Henry Fox Bristowe, Knight, Vice-Chancellor of the said County Palatine of Lancaster, doth hereby in pursuance and execution of the powers and authorities in this behalf given to him by the Court of Chancery of Lancaster Act, 1850, and the Court of Chancery f Lancaster Act, 1854,† and the Chancery of Lancaster Act,

*

13-4 V. c. 43.

+ 17-8 V. c. 82.

Application of dividends accruing on securities transferred.

1890,* and in pursuance and execution of all other powers and authorities enabling him in this behalf, order and direct as follows, that is to say:

The general rules made pursuant to section 26 of the Companies (Winding-up) Act, 1890,† so far as they relate to the procedure in the High Court of Justice. shall be and are hereby made rules and orders of this Court; substituting throughout for the word "Judge" the words "Vice-Chancellor," and for the words "Chief Clerk" the word "Registrar," and for the words "Chambers of the Judge" and "Judge's Chambers," the words "Chambers of the Registrar."

Dated this 12th day of May, 1891.

Rutland, Chancellor.

Henry Fox Bristowe, Vice-Chancellor.

Approved the 13th day of May, 1891.

Halsbury, C.
Coleridge, C.J.
Esher, M.R.
Lindley, L.J.
Kay, L.J.

C. E. Pollock, B.
A. L. Smith, J.

REGULATIONS DATED DECEMBER 18, 1893, AS TO THE
SUITORS' FUND AND FEE FUND ACCOUNTS DIRECTED
BY THE CHANCELLOR OF THE DUCHY AND COUNTY
PALATINE OF LANCASTER, WITH THE ADVICE AND
CONSENT OF THE VICE-CHANCELLOR OF THE COUNTY
PALATINE, TO BE OBSERVED FROM AND AFTER THE
31ST DAY OF DECEMBER, 1893.

I. Payment, Delivery, and Transfer of Funds out of Court, and other dealings with Funds.

1. When securities in court are directed to be transferred, delivered out, or carried over, dividends accruing thereon subsequently to the date of the order directing the transfer, delivery, or carrying over (when the amount of the securities to be transferred, delivered, or carried over is specified in such order, or if not so specified then subsequently to the time when the amount of such securities shall be ascertained) shall be

* 53-4 V. c. 23.

† 53-4 V. c. 63. See now the Companies Winding-up Rules, 1903 (St. R. & 0. Rev., 1904, "Company, E.," p. 20). The Act of 1890 is repealed and re-enacted as from April 1, 1909, by the Companies (Consolidation) Act. 1908 (8 Edw. 7, c. 69)

« AnteriorContinua »