Directory_and_Chronicle_1907 — Page 399

326

Decree.

Proceedings after decree.

Deposit of bill,

Becurity for costs.

Holder's

expenses.

One summons against all or any of the partics.

Appeal.

In which cases.

Contents of petition.

RULES OF SUPREME COURT

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 decrec.

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 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 prescut 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 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 incurred 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 the sub- sequent 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. Any 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.

27. The petition shall contain a narrative of the material facts, matters, and circumstances on which the plaintiff relics, such narrative being divided into paragraphs numbered consecutively, each paragraph containing, as nearly as may be, a separate and distinct statement or allegation, and shall pray specifically for the relief to which the plaintiff may conceive himself entitled, and also for general relief.

The petition must be as brief as may be consistent with a clear state- ment of the facts on which the prayer is sought to be supported and with information to the defendant of the nature of the claim set up.

Documents must not be unnecessarily set out in the petition in hæc verba, but so much only of them as is pertinent and material may be set out or the effect and substance of so much only of them as is pertinent and material may be given, without needless prolixity.

Dates and sums shall be expressed in figures and not in words.

Digitized by Oogle

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