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County Court Rules, 1892.
Form 38A instead of 38.-NOTICE TO PLAINTIFF OF PAYMENT INTO COURT.
under the judgment (or garnishee summons) obtained by you
[If the money is paid into Court by a garnishee add: If you elect to accept the sum paid
[N.B.—Upon your applying for the above amount it will be necessary that you should
Form 50A.-MEMORANDUM TO BE PRINTED AT THE FOOT OF EVERY JUDGMENT SUMMONS
ISSUED PURSUANT TO ORDER XXV., RULE 14a, FOR SERVICE OUT OF THE DISTRICT.
Where a judgment-creditor issuing a judgment-summons, or a judgment-debtor summoned
Form 52A instead of 52.-AFFIDAVIT TO OBTAIN LEAVE TO ISSUE JUDGMENT SUMMONS.
the above-named plaintiff (or E.F. (state name, residence,
18 , [I, or] the plaintiff obtained judgment for an
(or for £
including costs) against the
part thereof ] is still unsatisfied (and
are now in arrear].
in a house for shop] apparently of the
4. (a) The defendant, C.D., carries on the business of a [state what] in a [state what) at
at [state the name and
5. The defendant, C.D., is unmarried (or is married and has (state how many) children,
(6) If a workman.
Form 52B.--AFFIDAVIT OF SERVICE OF JUDGMENT SUMMONS.
18 at [state the place of service
[Indorse the copy judgment summons thus :—This paper, marked A., is the paper referred
County Court Rules, 1892.
Form 105A instead of 105.-NOTICE BY DEFENDANT TO THIRD PARTY. To Mr. X.Y., of (address and description]. Take notice, that this action has been brought by the plaintiff against the defendant [as surety for M.N., upon a bond conditioned for payment of 201. and interest to the plaintiff,
The defendant claims to be entitled to contribution from you to the extent of one-half of any sum which the plaintiff may recover against him, on the ground that you are his Co-surety under the said bond (or, also surety for the said M.N., in respect of the said matter, under another bond made by you in favour of the said plaintiff, dated the day of
18]. [Or, as acceptor of a bill of exchange for 501. dated the day of
18 drawn by you upon and accepted by the defendant, and payable three months after date.
The defendant claims to be indemnified by you against liability under the said bill, on the ground that it was accepted for your accommodation.]
(Or, to recover damages for a breach of a contract for the sale and delivery to the plaintiff of 100 tons of coal.
The defendant claims to be indemnified by you against liability in respect of the said contract, or any breach thereof, on the ground that it was made by him on your behalf and as your agent.
And take notice that if you wish to dispute the plaintiff's claim in this action as against the defendant C.D., or your liability to the defendant C.D., you must appear at this Court on the return-day of the summons in this action, a copy of which summons is hereunto annexed.
In default of your so appearing, you will be deemed to admit the validity of any judgment obtained against the defendant C.D. in this action, whether obtained by consent or otherwise, and your own liability to contribute or indemnify to the extent herein claimed.
(Signed) C.D. Or, L.M., solicitor for the defendant, C.D.
Form 115A instead of 115.-ORDER TO PROCEED AFTER DEATH OF A PLAINTIFF AFTER
JUDGMENT. Upon reading the affidavit of
it is ordered that E.F., the executor of A.B., the plaintiff in this action, who has died since judgment, be substituted as plaintiff for the original plaintiff, and that the said E.F. be at liberty to issue execution against C.D., the defendant (or take any such proceedings against C.D. as the deceased plaintiff was entitled to take against him), for the amount of the unsatisfied judgment and costs [or that the question whether E.F., the executor of A.B., the original plaintiff now deceased, is entitled to recover the amount of the judgment obtained against C.D., the defendant, and costs shall be tried by action to be commenced by plaint in the ordinary way, wherein the said E.F. shall be plaintiff and the said C.D. defendant.
Judge or Registrar. Form 115B.-ORDER TO PROCEED AFTER CHANGE OF INTEREST BY ASSIGNMENT OR
OTHERWISE AFTER JUDGMENT. Upon reading the affidavit of
it is ordered that E.F., the assignee (or as the case may be] of the judgment (or Order] obtained by A.B., the plaintiff (or C.D., the defendant, as the case may be] in this action be substituted as plaintiff [or defendant) in the name and by the description of E.F., of, &c., the assignee of A.B. (or C.D., the defendant], of, &c., and that the said E.F., in and by such name and description, be at liberty to issue execution, or take any such proceedings, against C.D., the defendant (or A.B., the plaintiff], as the said A.B., the plaintiff (or C.D., the defendant), was entitled to take against him (or that the question whether the said E.F., the assignee, is entitled to the benefit of the judgment (or order] obtained by A.B., the plaintiff (or C.D., the defendant), against C.D., the defendant (or A.B., the plaintiff], shall be tried by action to be commenced by plaint in the ordinary way, wherein the said E.F., by such name and description as aforesaid, shall be plaintiff and the said C.D. (or the said A.B.] defendant.
Judge or Registrar. N.B.-No proceedings under a judgment or Order, either by judgment summons or otherwise, are sanctioned by the Rules after any change of interest in the parties entitled to the benefit of the judgment or Order without an Order in one of the above forms.
VOL. 61.-ORDERS AND RULES.
County Court Rules, 1892.
Form 145A instead of 145.-SUMMONS TO WITNESS TO GIVE EVIDENCE. You are hereby required to attend at [the court-house in
] on the day of
18 , at the hour of of in the
noon, and so from day to day, until the above action is tried, to give evidence in the above action on behalf of the plaintiff or defendant, as the case may be].
In default of your attendance you will be liable to a penalty of 101.
Registrar of the Court.
Form 146A instead of 146.—SUMMONS TO WITNESS TO PRODUCE DOCUMENTS. You are hereby required to attend at [the court-honse in
] the day of 18 at the hour of
noon, and so from day to day, until the above action is tried, to give evidence on behalf of
and also to bring with you and produce the several documents hereunder specified (and all other books, papers, writings, and other documents relating to the above action, which may be in your custody, possession, or power]. In default of your attendance you will be liable to a penalty of 101. Dated this
day of To
Registrar of the Court. [Here insert list of documents required to be produced.]
Form 155A instead of 155.-AFFIDAVIT FOR LEAVE TO SUMMON GARNISHEE. I, A.B., of in the county of
[or I, C.D., of, &c., solicitor to), the above-named plaintiff, make oath and say: 1. That I [or A.B.], on the day of
recovered judgment (or obtained an order] in the County Court of
in this action (or matter) against the above-named defendant for the sum of £
debt and costs (or for payment of the sum of £
for costs]. 2. That the said judgment is still wholly unsatisfied (or is still unsatisfied as to the sum of £
1. [or 2. That the whole (or £
part] of the sum payable under the said Order is still unsatisfied]. 3. That M.N., of
in the county of
is indebted to the defendant in the sum of £
4. That the said M.N. resides or carries on business within the district of this honourable Court (or that the cause of action between the said defendant and the said M.N. arose wholly or in part within the district of this honourable Court, or that the said M.N. dwelt or carried on business within the district of this honourable Court, within six calendar months of this the day of
, 18 ) Sworn, &c.
Form 156A instead of 156.-SUMMONS TO GARNISHEE. Between A.B., plaintiff [address and description), and C.D. defendant [address and description) and M.N., garnishee (address and description). Whereas the plaintiff at a Court holden at
18 obtained a judgment (or an Order] against C.D., of (name, address, and description] for (or for payment of] the sum of
and costs, which judgment (or order] remains unsatisfied. And whereas the plaintiff having filed an affidavit stating that you are indebted to the said C.D., you are hereby summoned to appear at a Court to be holden at
18, at the hour of
noon, to show cause why an order should not be made upon you for the payment of the amount of the said judgment (or payable under the said order] or so much thereof as shall equal the amount of the debts due and owing and accruing from you to the said C.D.
And take notice, that from and after the service of the summons upon you all such debts are attached to answer the said judgment [or order), and that if you shall pay the said debts to the said C.D., or otherwise dispose of them, you will be liable to be committed for contempt.
County Court Rules, 1892.
And further take notice, that if you shall pay to the Registrar of the Court the amount of such debts, or so much thereof as will satisfy the debt under the judgment or order, five clear days before the day upon which you are required to appear, you will incur no costs. To the garnishee.
Registrar. Form 157a instead of 157.-JUDGMENT AGAINST GARNISHEE. Whereas the Plaintiff at a Court holden at
18 , obtained a judgment (or an order] against C.D., of for (or for payment of] the sum of £
and for costs, and which judgment (or order] remains now unsatisfied. And whereas the plaintiff having filed an affidavit stating that the said M.N. was indebted to the said C.D., the said M.N. was summoned to shew cause why he should not be ordered to pay the amount of the said judgment (or payable under the said order], or so much thereof as should equal the amount of the debts due and owing and accruing from him to the said C.D.; and the said M.N. having failed to appear before the Court this day (or appeared before the Court this day, and having failed to shew cause why he should not be ordered to pay such debts, or having shewn sufficient cause why he should not be ordered to pay such debts]:
It is ordered, that the plaintiff do recover against the said M.N. the sum of £ [here insert the amount of the debt under the judgment or order, or so much thereof as the debts amount to when the same are less than the debt under the judgment or order], and £ for costs, amounting together to the sum of £ (or that the plaintiff do pay the sum of
for the costs of the said M.N.] It is ordered that the said M.N. [or plaintiff] do pay the same to the Registrar of the Court on the day of
18 [or, where judgment for plaintiff, and the Judge 80 orders, by instalments of
days; the first instalment to be paid on the day of
18.] Form 1694.—NOTICE OF APPLICATION FOR SALE OF Goods OTHERWISE THAN BY
AUCTION. Take notice that I, the undersigned A.B., the execution creditor (or execution debtor] herein, shall on the
o'clock in the noon at [state where application will be made, apply to his Honour the Judge (or to the Registrar) of this Court for an order that a sale of the goods seized under the execution herein may be made other. wise than by public auction, that is to say [e.g., by private sale to (state name of intending purchaser if known)].
The grounds of the application are as follows [state the grounds].
A.B. and to E.F., G.H., &c. [name the other persons to be served]. Form 292A instead of 292.—NOTICE TO BE INDORSED ON ORDER UNDER ORDER XXV.,
RULE 40a. To A.B., of
Take notice, that, unless you obey the directions contained in this order, you will be guilty of a contempt of Court and be liable to be committed to prison. Dated this
Registrar. Form 294A instead of 294 and 295. ORDER OF COMMITTAL FOR BREACH OF OR NEGLECT
TO OBEY ORDER. Whereas by an order of this Court, dated the
18 [here recite the order): Now, upon the application of the plaintiff, and upon hearing the defendant, [or if the defendant does not appear, reading the affidavit of x.Y., or where service has been by boiliff, the indorsement of L.M., a bailiff of this Court, or the County Court of holden at
shewing (or being satisfied on oath) that a copy of the said order and notice of this application have been severally served upon the defendant C.D.,) and upon reading the affidavit of, &c. for such other evidence as may have been given], the Court being of opinion, upon consideration of the facts disclosed by the said affidavit (or affidavits, or such other evidence as may have been given), that the said defendant C.D. has been guilty of a contempt of this Court by a breach of (or by neglecting to obey] the said order, that is to say, by [here set out the particular matter of contempt], doth order that the said defendant C.D. do stand committed to [here insert prison used by the Court] for his said contempt, and that a warrant of attachment for the arrest of the said C.D. be forthwith issued.
It is further ordered that any application for his release from custody shall be made to the Judge.
County Court Rules, 1892.
HOLDINGS (ENGLAND) Act, 1883.
The Agricultural Holdings (England) Act, 1883. In the County Court of
between A.B., appellant, and 0.D., respondent.
Take notice, that you are required within seven days of the delivery of this notice to you to file in Court a statement, signed by you or your solicitor, in reply to the grounds of appeal sent herewith, and that your statement must disclose the following matters :, (1.) Whether you dispute the validity in law of all or any and which of the grounds of
objection to the award ? (2.) Whether you dispute the truth in fact of all or any and which of the grounds of
appeal ? (3.) Whether you admit the validity in law and truth in fact of all or any and which of
the grounds of appeal ? (4.) Whether you pray that the case may be remitted to be re-heard. (5.) Your name and address, and that of your solicitor, if the statement be delivered
through a solicitor. Dated this
18 To the above-named Respondent.
Registrar of the Court.
Form 322A.--AFFIDAVIT OF JUSTIFICATION.
one of the proposed sureties for
make oath and say that I am worth more than the sum of pounds after the payment of all my debts. Sworn at in the county of
189 A Commissioner for Oaths.
Form 3228,-NOTICE OF BAIL.
holden at No.
The “ Between plaintiff, and
defendant. Take notice that bail has been given in the sum of £ on behalf of the above-named to answer judgment in this action by
and that such bail has been taken before
a Commissioner to administer oaths in the Supreme Court of Judicature. Dated this day of
Solicitor for the To
Solicitor or Agent.
Form 3220.–AFFIDAVIT OF SERVICE OF NOTICE OF BAIL.
holden at No.
The " Between plaintiff, and
clerk to of the same place, solicitor for the
in this action, make oath and say as follows: That I did on the
189 , at of the clock in the noon serve on solicitor or agent for the
a notice of bail in the words and figures following, viz. :
(Copy notice of bail, omitting heading.) Sworn at in the county of
1891. A Commissioner for Oaths.