himself or themselves of any set-off or other defence to which he or they would be entitled if all the persons answerable were made defendants.

Amendment.

91. Where a person other than the defendant appears at the hearing, and admits that he is the person whom the plaintiff intended to charge, his name may be substituted for that of the defendant, if the plaintiff consents, and thereupon the cause shall proceed as to set-off and other matters as if such person had been originally named in the summons, and the costs of the person originally named as defendant shall be in the discretion of the Judge.

92. Where a party sues or is sued in a representative character, but at the hearing it appears that he ought to have sued or been sued in his own right, the Judge may, at the instance of either party, and on such terms as he shall think fit, amend the proceedings accordingly, and thereupon the cause shall proceed as to set-off and other matters as if the proper description of the party had been given in the summons.

93. Where a party sues or is sued in his own right, but at the hearing it appears that he ought to have sued or been sued in a representative character, the Judge may, at the instance of either party, and on such terms as he shall think fit, amend the proceedings accordingly, and thereupon the cause shall proceed, as to set-off and other matters, as if the proper description of the party had been given in the summons.

94. Where the name or description of a plaintiff in the summons is insufficient or incorrect, it may at the hearing be amended at the instance of either party by order of the Judge, on such terms as he shall think fit, and thereupon the cause shall proceed as to set-off and other matters, as if the name or description had been originally such as it appears after the amendment has been made.

95. Where the name or description of a defendant in the summons is insufficient or incorrect, and the defendant appears and objects to the description, it may at the hearing be amended at the instance of either party by order of the Judge, on such terms as he shall think fit, and thereupon the cause shall proceed, as to set-off and other matters, as if the name or description had been originally such as it appears after the amendment has been made; but if no objection is taken to the name or description the cause may proceed, and in the judgment and all subsequent proceedings founded thereon, the defendant may be named and described in the same manner.

96. In actions by or against a husband, if the wife be improperly joined or omitted as a party, the summons may at the hearing be amended at the instance of either party by order of the Judge, on such terms as he shall think fit, and thereupon the cause shall proceed, as to set-off and other matters, as if the proper person had been made party to the suit.

97. Where it appears at the hearing that a greater number of persons have been made plaintiffs than by law required, the name of the person improperly joined may, at the instance of either party, be struck out, by order of the Judge, on such terms as he shall think fit, and thereupon the cause shall proceed as to set-off and other matters, as if the proper party or parties had alone been made plaintiffs.

98. Where it appears at the hearing that a less number of persons have been made plaintiffs than by law required, the name of the omitted person may, at the instance of either party, be added, by order of the Judge, on such terms as he shall think fit, and thereupon the cause shall proceed, as to set-off and other matters, as if the proper persons had been originally made parties; and if such person shall, either at the hearing or at some adjournment thereof, personally or by writing, signed by him or his agent, consent to become a plaintiff in manner aforesaid, the Judge shall then pronounce judgment as if such person had originally been made a plaintiff; but if such person shall not consent to become a plaintiff in manner aforesaid, either at the hearing or at an adjournment thereof, judgment of nonsuit shall be entered.

99. Where it appears at the hearing that a greater number of persons have been made defendants than by law required, the name of the person improperly joined may, at the instance of either party, be struck out by order of the Judge, on such terms as he shall think fit, and thereupon the cause shall proceed as to set-off and other matters, as if the proper party or parties had alone been made defendants, and the costs of the person improperly joined as a defendant shall be in the discretion of the Judge.

100. Where two or more persons are made defendants, and some of them have not been served, the name or names of the defendant or defendants who have not been served, may, at the instance of either party, be struck out, by order of the Judge, on such terms as he shall think fit; and thereupon the cause shall proceed as to set-off and other matters, as if the party or parties whose name or names have not been struck out, had alone been made defendant or defendants.

Costs.

101. The Judge shall in each case direct what number of witnesses are to be allowed on taxation of costs, between party and party, and their allowance for attendance shall in no case exceed the highest rate of the allowances mentioned in the scale in the schedule.

102. The costs of witnesses, whether they have been examined or not, may, in the discretion of the Judge, be allowed, though they have not been summoned.

103. Money paid into Court on a judgment shall be appropriated first in satisfaction of the costs, and afterwards in satisfaction of the original demand.

104. Costs of warrants against the goods, whether executed or unexecuted or unproductive, shall be allowed against the defendant, unless the Judge shall otherwise direct.

105. Costs of warrants of commitment, whether executed or unexecuted, shall be allowed against the defendant, unless the Judge shall otherwise direct.

106. No possession fee shall be payable where an execution is paid out at the time of the levy; but if the officer shall necessarily remain in possession more than half an hour, and the execution shall be paid out on the day of levy, the possession fee for that day shall be charged.

107. No appraisement is to be made until the fifth day of the bailiff's holding possession of the goods under an execution, unless where the

goods are of a perishable nature, or are sold at the request of the party, before the expiration of four days, or unless the goods are removed.

Orders.

108. Orders for payment of money or costs, or both, and orders of adjournment, when directed to be served, shall in all cases be prepared by the Registrar of the Home Court, and delivered to the bailiff, who shall send them by post or otherwise to the parties on whom they are respectively directed to be served: provided always, that it shall not be necessary for the party in whose favour any order has been made to prove, previously to his taking proceedings thereon, that it was posted or reached the opposite party.

109. Where the Court gives leave to take any proceeding, it shall not be necessary to draw up any order, nor shall any order be drawn up to warrant such proceeding.

Instalments, payment by.

110. When an order is made for the payment of any sum of money by instalments, such instalments shall be payable at such periods as the Judge shall order; and if no period be mentioned, the first shall become due on the twenty-eighth day from the day of making the order, and every successive instalment shall become due at a like period of twentyeight days from the day of the previous instalment's becoming due; and such instalments shall be paid into Court in accordance with sect. 45 of 19 & 20 Vict. c. 108.

111. When an order is made for payment by instalments or otherwise, the Registrar shall give notice to the plaintiff by post, in the form set forth in the schedule, of every payment made: provided that such notice shall not be given where the instalment does not exceed ten shillings.

Proceeding on a Judgment more than Six Years old.

112. No warrant against the goods, or judgment-summons, shall, without leave of the Judge, issue on a judgment more than six years old, unless some payment has been made into Court under such judgment within twelve months previously; but no notice to the defendant, previous to applying for such leave, shall be necessary, and such leave shall be expressed on the warrant or summons under the seal of the Court.

Warrants of Execution against the Goods.

113. Warrants of execution against the goods shall bear date on the day on which they are issued, and shall continue in force for twelve calendar months from such date, and no longer.

114. Where a defendant has made default in payment of the whole amount awarded by the judgment or of an instalment thereof, a warrant of execution, without leave of the Court, may issue against his goods; and such execution shall be for the whole amount of the judgment and costs then remaining unsatisfied, unless in the case of instalments, the Judge shall otherwise direct at the time of giving judgment.

115. The Registrar shall, on issuing a warrant of execution against the goods, indorse on such warrant the amount to be levied, distinguishing

the amount adjudged to be paid, and the amount of the fee for issuing the warrant; and shall prepare and deliver to the bailiff with the warrant a notice in the form contained in the schedule; and the bailiff, upon levying, shall deliver such notice to the party against whom the execution has issued, or leave the same at the place where the execution is levied.

116. Warrants of execution against the goods may be issued concurrently into one or more districts, provided that the costs of more than one warrant shall not be allowed against the execution debtor, unless by order of the Judge.

Judgment-Summons.

117. A judgment-summons may issue at any time, without leave of the Court, except in cases provided for either by sect. 48 of 19 & 20 Vict. c. 108, or by Rule 112, and shall be forthwith delivered by the Registrar to the bailiff, and shall be served personally not less than five clear days before the day on which the party is required to appear to such summons, unless at the hearing the Judge is satisfied, on the evidence on oath before him, that such party was about to remove from his dwelling or place of business, or was keeping out of the way to avoid service, in either of which cases service upon the party at any time before the time appointed for the appearance of such party shall be sufficient.

118. Upon the issue of a judgment-summons against a party the bailiff shall return into Court any warrant of execution against the goods of such party, which may have been issued upon a judgment in the cause.

119. Where a judgment-summons is heard in a Court other than that in which judgment was obtained, and the order of such last-mentioned Court is altered by the Judge of the Court in which the judgment-summons is heard, all payments under such order shall be made into, and execution thereupon against the goods shall be issued by, the Court which alters the order.

120. Where a certified copy of a judgment is obtained, the Registrar shall make on the minute of the judgment a memorandum of having given such certificate, and no warrant of execution against the goods or judgment-summons shall issue upon such judgment from the Court in which the judgment was obtained, unless it be shown to the satisfaction of the Court or Registrar, that no order has been made against the execution debtor in any other Court.

Commitment.

(See 19 & 20 Vict. c. 108, s. 59.)
(Form No. 55.)

121. When a defendant does not dwell or carry on business in the district of the Court to which he has been summoned to appear to a plaint, he shall not be liable at the hearing of such summons to be committed under sect. 101 of 9 & 10 Vict. c. 95, whether he appears to such summons or not.

122. In cases of commitment under sects. 99 or 101 of the 9 & 10

Vict. c. 95, the amount of the judgment, and all costs payable by the defendant shall be indorsed on the warrant.

123. When a warrant of commitment for nonpayment of money is issued, the defendant may, at any time before his body is delivered into the custody of the gaoler, pay to the bailiff the total amount indorsed on the warrant, and on receiving such amount the bailiff shall discharge the defendant, and shall, within twenty-four hours after receiving such amount, pay over the same to the Registrar.

124. In all cases of commitment for nonpayment it should be made part of the order of commitment that on production of a certificate signed by the Registrar, stating that payment or satisfaction of the sum or of the instalment thereof and costs remaining due at the time of making the order for commitment, together with all subsequent costs, has been made, the defendant shall be discharged out of custody, without further leave of the Judge.

125. Warrants of commitment against the same party may be issued concurrently into one or more districts; provided that the costs of more than one warrant shall not be allowed against such party unless by order of the Judge.

Transmission of Process and Proceeds of Warrants to and from Foreign Districts.

126. In all cases of warrants, whether against the goods or the person, to be executed in a foreign district, the Registrar of the Foreign Court shall immediately on the receipt of the warrant, enter it in "The Foreign Executions Re-issued Book."

127. Where, by virtue of any warrant sent to a foreign district, any money shall have been received by the bailiff of the Foreign Court, such bailiff shall, within twenty-four hours from the receiving of such money, pay over the same to the Registrar of the Foreign Court, and shall, unless an interpleader summons as to such money be pending, make a return in writing of the amount received; and, in the case of a levy having been made, the bailiff shall state in the return the gross amount produced by such levy, the particulars of the appraiser's and broker's charges, and the fees allowed for keeping possession, and pay over to the Registrar of the Foreign Court the amount levied, less such charges and fees; and the Registrar of the Foreign Court shall certify in the said return the amount paid into Court, and the correctness of the said charges, and shall account for and pay over such amount to the treasurer of his Court at such time as the treasurer shall require; and the high bailiff shall thereupon transmit such return to the high bailiff of the Home Court, as directed by sect. 104 of 9 & 10 Vict. c. 95, and such latter bailiff shall, within twenty-four hours from the receipt of such return, deliver the same to the Registrar of his Court, who shall thereupon pay out of any money in his hands, to the plaintiff in the cause, the amount certified in such return to have been received by the Registrar of the Foreign Court, as the proceeds of the execution, and shall enter in a book the amount so certified in the form set forth in the schedule, and the Registrar of the Home Court shall file such return, and the Registrar shall be allowed by the treasurer of his Court, at his audit, the amount so paid.