Land
Misce
10
Where a Plaintiff sues any Person as Agent for some other person, not seeking to fix such Agent with any personal liability, the court, on the fact coming to its knowledge, shall, if the person really sought to be fixed with liability is within the Jurisdiction, forthwith order his name to be substituted, and stay proceedings until the order is complied with: But if he is not within the Jurisdiction, shall refuse to proceed further in the matter, unless and until the person sued as Agent undertakes, by writing under his hand, to defend the suit, and personally to satisfy any decree or order for debt or damages and costs therein.
In the latter case the person sued as Agent shall further within such time as the court orders and before the hearing of the suit, procure and file with the proceedings a sufficient Authority in writing from the party on whose behalf such Agent is affecting to act, to substitute the name of the principal as defendant for his own, and to defend the suit, or otherwise act in it on behalf of such principal.
Such Agent shall not, however, be deemed discharged by such Authority and substitution from his personal undertaking and liability to satisfy any decree or order in the suit, such Authority and substitution being in all cases strictly required as a protection against collusive decrees which might affect absent persons.
In case a petition states two or more distinct causes of suit, by and against the same parties, and in the same rights, the court may, either before or at the hearing if it appears inexpedient to try the different causes of suit together, order that different records be made up, and make such order as to adjournment and costs as justice requires.
In case a petition states two or more distinct causes of suit, but not by and against the same parties, or by and against the same parties but not in the same rights, the petition may on the application of any defendant be dismissed.
In case such application is made within the time for answer, the petition may be dismissed, with substantial costs to be paid by the plaintiff to the defendant making the Application; but in case the Application is not made within the time for answer, the petition, when the defect is brought to the notice of the court, may be dismissed without costs, or on payment of court fees only, as to the court seems just.
Defective Petition.
Where a petition is Defective on the face of it by reason of non-compliance with any provision of these Rules, the court may, either on Application by a defendant or of its own motion, make an order to stay proceedings until the defect is remedied.
The court may of its own motion, make an order to stay proceedings on a Defective petition, where the defect is patent and serious, and comes to the knowledge of the court before service of the petition on the defendant.
Copies for Service.
Where there is only one defendant, one copy of the petition, and of any schedule thereto, for Service, is to be left with the court, together with the original; where there are two or more defendants, as many copies as there are parties to be served, are to be left together with the original.
Service of Petition.
As soon as practicable after the filing of the petition, the plaintiff shall cause a copy thereof under the Seal of the court to be served upon the Defendant and such copy shall contain a Memorandum endorsed thereon (Form) requiring the Defendant to enter an Appearance to the Suit within Eight Days from the Day of such Service.
Defence on Ground of Law.
Where a Defendant conceives that he has a good legal or equitable Defence to the petition, so that even if the Allegations of fact in the Petition were admitted or clearly established, yet the plaintiff would not be entitled to any decree against him (the Defendant), he may raise this Defence by a Motion that the petition be dismissed without any answer being required from him.
338
Land
Misce
10
Where a Plaintiff sues any Person as Agent for some other person, not seeking to fix such Agent with any personal liability, the court, on the fact coming to its knowledge, shall, if the person really sought to be fixed with liability is within the Jurisdiction, forthwith order his name to be substituted, and stay proceedings until the order is complied with: But if he is not within the Jurisdiction, shall refuse to proceed further in the matter, unless and until the person sued as Agent undertakes, by writin under his hand, to defend the suit, and personally to satisfy any decree or order for debt or damages and costs therein.
In the latter case the person sued as Agent shall further withing such time as the court orders and before the hearing of the suit, procure and file with the proceedings a sufficient Autho- rity in writing from the party on whose behalf such Agent is affecting to act, to substitute the name of the principal as defen- dant for his own, and to defend the suit, or otherwise act in it on behalf of such principal.
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Such Agent shall not, however, be deemed discharged by such Authority and substitution from his personal undertaking and liability to satisfy any decree or order in the suit, such Autho rity and substitution being in all cases strictly required as a pro- tection against collusive decrees which might affect absent persons. In case a petition states two or more distinct causes of suit, by and against the same parties, and in the same rights, the court may, either before or at the hearing if it appears inexpedient to try the different causes of suit together, order that different records be made up, and make such, order as to adjournment and costs as justice requires.
In case a petition states two or more distinct causes of suit, but not by and against the same parties, or by and against the same parties but not in the same rights, the petition may oa the application of any defendant be dismissed.
In case such application is made within the time for answer, the petition may be dismissed, with substantial costs to be paid by the plaintiff to the defendant making the Application; but in case the Application is not made within the time for answer, the petition, when the defect is brought to the notice of the court, may be dismissed without costs, or on payment of court fees only, as to the court seems just.
Defective Petition.
Where a petition is Defective on the face of it by reason of non-compliance with any provision of these Rules, the court may, either on Application by a defendant or of its own motion, make an order to stay proceedings until the defect is remedied.
The court may of its own motion, make an order to stay proceedings on a Defective petition, where the defect is patent and serious, and comes to the knowledge of the court before ser- vice of the petition on the defendant.
·
Copies for Service.
Where there is only one defendant, one copy of the petition, and of any schedule thereto, for Service, is to be left with the court, together with the original; where there are two or more defendants, as many copies as there are parties to be served. are to be left together with the original
Service &f Petition.
As soon as practicable after the filing of the petition, the plaintiff shall cause a copy thereof under the Seal of the court to be served upon the Defendant and such copy shall con- tain a Memorandum `endorsed thereon (Form
requiring the Defendant to enter an Appearance to the Suit within Eight Days from the Day of such Service.
Defence on Ground of Law.
Where a Defendant conceives that he has a good legal or equitable Defence to the petition, so that even if the Allega- tions of fact in the Petition were admitted or clearly established. yet the plaintiff would not be entitled to any decree against him (the Defendant), he may raise this Defence by a Motion that the petition be dismissed without any answer being required from
him.
338
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