Directory_and_Chronicle_1871 — Page 362

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Leave to defend, when.

Decree.

Proceedings after decrce.

Deposit of bill.

Security for costs.

Holder's expenses.

One summons against all or any of the parties,

Appeal.

In what cares.

38

RULES OF SUPREME COURT

commenced by summons (Form 4,) and may be heard and determined in a summary way as hereinafter is provided.

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 consideration, or such other facts as the Court deem 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 decree, and may, if necessary, set aside execution, and may give leave to defend the suit, if it appears to the Court reason- able so to do, and on such terins 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 proceeded on to be forthwith deposited in the Court, and further to order that all proceedings he stayed until the plaintiff give 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 incurred other wise 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 the 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 defendant 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 V.--SUITS FOR SUMS OF 100 DOLLARS AND UPWARDS.

such suit does not lie, except by special leave.

Petition.

26. Subject to the foregoing provisious, 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

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