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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.

Forrest Fulton,

Recorder of London.
F. A. Bosanquet,

Common Serjeant.
Approved,

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

Appendir A.

AFFIDAVIT OF DEBT for ISSUE OF DEFAULT PLAINT AGAINST DEFENDANT.

IN THE MAYOR'S COURT, LONDON.

I

make oath and say as follows :

1. is 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 entering a plaint and issi a default plaint for the recovery of the said sum. 9198

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.

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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.

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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 TAE 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 For 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 of Lancaster Act, 1851,+ and the Chancery of Lancaster Act, 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 :

* 13-4 V. c. 43.

+ 17-8 V. c. 82.

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.

TO

THE

REGULATIONS DATED DECEMBER 18, 1893, AS

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

AND

Application of dividends accruing on securities transferred.

1. 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. Rev., 1904, “ Company, E.," p. 20). The Act of 1890 is repealed and re-enacted

† 53-4 V. c. 63. See now the Companies Winding-up Rules, 1903 (St. R. &0. as from April 1, 1909, by the Companies (Consolidation) Act. 1908 (S Edv. 7, c. 69).

paid to the persons to whom or carried over to the credit to which the securities are to be transferred, delivered, or carried over unless such order otherwise directs. When securities in court are directed to be realised, and the whole of the proceeds paid out or carried over in one sum, or in aliquot parts (except when the realisation is to raise a specific sum of money), any dividends accruing on such securities subsequent to the date of the order directing the realisation (if the amount of such securities is specified in the order, or if not so specified, then subsequently to the time when such amount shall be ascertained) shall be added to such proceeds, and applied in like manner therewith, unless such order otherwise directs.

2. When such dividends as in the last preceding regulation when such mentioned have pursuant to a general or other previous order dividende been invested, the securities purchased with such dividends have been

invested, shall, unless otherwise directed, be transferred or delivered, and any dividends accrued in respect thereof be paid, to the persons to whom or carried over to the credit to which such first-nientioned dividends would if uninvested have been paid or carried over.

3. In every case (other than that provided for by the last Wher preceding regulation), when by an order money or dividends dividende

otherwise are directed to be dealt with so that the same ought not to be

applicable invested, and subsequently to the date of such order such have been money or dividends or any part thereof shall have been invested. invested, the securities purchased with such money or dividends shall, unless otherwise directed, be sold, and the proceeds of such sale and any dividends accrued in respect of such securities shall be applied in the same manner as the money and dividends so invested would have been applied under such order, if they had not been so invested.

4. When under any order dividends on securities in court Dividends on are directed to be dealt with, and a subsequent order is made residue. dealing with part of such securities, the dividends on the residue shall, unless such subsequent order shall otherwise direct, continue to be dealt with in the same manner as the dividends on such securities were by the prior order directed to be dealt with.

5. Regulation No. 17 of the Suitors' Fund regulations of Payment to the 11th December, 1884,* shall be read with the following person addition :

entitled to representation

to estate If no administration has been taken out to any such deceased

under £100. person who has died intestate and whose assets do not exceed the value of 1001., including the amount of the funds directed to be so paid, transferred, or delivered, to him, such funds may, be paid, transferred, or delivered to the person who, being widower, widow, child, father, mother, brother or sister

* Printed St. R. & 0. Rev., 1904, “ Lancaster (Court of Chancery),” p. 244.

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