(6)
XLIX.
Where the name or description of a Plaintiff in the Summons is insufficient or incorrect, it may, at the hearing, he 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.
L.
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 amendinent 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 therein, the Defendant may be named and described in the same manner.
LI.
In Actions by or against a Husband if a 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.
LII.
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.
LIII.
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 terins 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 inade parties; and if such Person shall either at the hearing or 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 the adjournment thereof Judgment of non-suit shall be entered.
LIV.
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.
LV.
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.
LVI.
Monies paid on a Judgment shall be appropriated first in satisfaction of the Costs, and after- wards in satisfaction of the original demand."
LVII.
Costs of Warrants against the Goods whether executed or unexecuted or unproductive shall be allowed against the Defendant unless the Judge shall otherwise direct.
LVIII.
No possession fee shall be payable where an Execution is paid out at the time of the levy; buk 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.
(7)
Orders.
LIX.
338
Orders for payment of to be served, shall in all cases be prepared by the Clerk and delivered to the Bailiff who shall cause them to be delivered 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 favor any order has been made to prove previously to his taking proceedings thereon that it was sent or reached the opposite party.
money, or costs, or both, and orders of adjournment, when directed
LX.
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.
Warrants of Execution against the Goods. LXI
Warrants of Execution against the Goods shall bear date on the day on which they are issued.
LXII.
The precise time when any application shall be made to the Clerk to issue a warrant against the Goods of a Party shall be entered by him in his book and on the warrant, and when more than one such warrant shall be delivered to the Bailiff to be executed he shall execute them in the order of the times so entered.
LXIII.
The Clerk of the Court 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.
Interpleader. LXIV.
Where any claim is made to or in respect of any goods or chattels taken in execution or in respect of the proceeds or value thereof by any landlord for rent, or by any person not being the party against whom such process has issued, and Summonses have been issued on the application of the Bailiff such Summonses shall be served in such time and mode as herein before directed for a Summons to appear to a plaint, and the case shall proceed as if the claimant were the Plaintiff and the Execution creditor the Defendant, and the claimant shall as soon as possible after the receipt of the Summons deliver to the Bailiff, or leave at the Office of the Clerk of the Court a particular of any goods or chattels alleged to be the property of the claimant, and the grounds of his claim or in case of a claim for rent of the amount thereof, and for what period and in respect of what premises the same is claimed to be due, and the name, address and description of the claimant shall be fully set forth in such particular, and any money paid into Court under the execution shall be retained by the Clerk until the claim shall have been adjudicated upon; provided that by consent an interpleader claim may be tried although this Rule has not been complied with.
LXV.
Interpleader Summonses shall be issued by the Clerk of the Court on the application of the Bailiff without leave of the Court.
LXVI.
The Forms applicable to the provisions of the two last Rules are contained in Schedules 10 to 14 inclusive, and shall be used with such variations as the circumstances of each case may require.
Security. LXVII.
In all cases where a party proposes to give a bond by way of security, he shall serve, on the opposite party and the Clerk of the Court at his office, notice of the proposed sureties in the Form set forth in Schedule 15. And the Clerk shall forthwith give notice to both parties of the day and hour on which he proposes that the bond shall be executed and shall state in the notice to the obligee that should he have any valid objection to make to the suretie, or either of them, that it must then be made.
LXVIII.
The sureties shall make an affidavit of their sufficiency before the Clerk of the Court in the form in Schedule 16, unless the opposite party shall dispense with such affidavit.
LXIX.
The bond shall be executed in the presence of the Clerk of the Court, but it shall not be necessary for it to be attested.
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