Leave to defend, when.
Decree.
Proceedings after decree.
Deposit of bill
Security for costs.
Holder's expenses.
One surumions against all
or any of the parties.
Appeal.
In what canPS.
38
RULES OF SUPREME COURT
19. The Court shall, on application within seven days from the service of the summons, give the defendant leave to defend the suit on his paying into Court the sum indorsed, or on evidence on oath showing to the satisfaction of the Court a good legal or equitable defence, or such facts as would make it incumbent on the holder to prove con- sideration, or such other facts as the Court deems sufficient to support the application, and on such terms as to security and other things as to the Court seems fit; and in that case the Court may direct proceedings to be taken and carried on by petition in the ordinary way.
20. If the defendant does not so obtain leave to defend, the plaintiff, on proof of due service of the summons, shall be entitled as of course at any time after the expiration of such seven days to an immediate absolute decree for any sum not exceeding the sum indorsed on the summons, together with interest at the rate specified (if any) to the date of the decree, and a sum for costs to be fixed by the Court in the decree.
21. After decree the Court may, under special circumstances, set aside the decrce. and may, if necessary, set aside excention, and may give leave to defend the suit if it appears to the Court reasonable so to do, and on such terms as to the Court may seem just, the reasons for any such order being recorded in the minutes of proceedings.
22. In any proceedings under the present provisions, it shall be competent to the Court to order the bill or note sought to be pro- ceeded on to be forthwith deposited in the Court, and further to order that all proceedings be stayed until the plaintiff gives security for
costs.
23. The holder of a dishonoured bill or note shall have the same remedies for recovery of the expenses incurred in the noting of the same for non-acceptance or non-payment, or incured otherwise by reason of the dishonour, as he has under the present provisions for recovery of the amount of the bill or note.
24. The holder of a bill or note may, if he thinks fit, obtain one summons under the present provisions against all or any of the parties to the bill or note; and such summons shall be the commencement of a suit or suits against the parties therein named respectively; and all subsequent proceedings against such respective parties shall be carried on, as far as may be, as if separate summonses had issued.
But the summons or its indorsement must set forth the claims against the parties respectively, according to their respective alleged liabilities, with sufficient precision and certainty to enable each defend- ant to set up any defence on which he individually may desire to rely. 25. An appeal from a Provincial Court to the Supreme Court in respect of any decision, decree, or order given or made in any such suit does not lie, except by special leave.
V.-SUITS FOR SUMS OF 100 DOLLARS AND UPWARDS.
Petition.
26. Subject to the foregoing provisions, where the claim which any person desires to enforce by proceedings in the Court relates to money, goods, or other property of the amount or value of 100 dollars or upwards,—or relates to or involves directly or indirectly a question respecting any matter at issue, of the amount or value of 100 dollars or upwards, or is for the recovery of damages of the amount of 100' dollars or upwards,-proceedings shall be commenced by the filing of a petition (Form 5.)
Page 321 Page 321
Digitized by
Page 321 Page 321
i
No comments yet.
Private notes are available after approval.