22817-1911-Supplementary-Bill-to-be-read-a-first-time--Code-of-Civil-Procedure-Amendment — Page 3

9. Section 138 is repea'ed.

493

7. Repeals Section 133.

10. In section 135, the third sub-section is repealed and 15. Amends replaced by the following :--

(3.) Where leave to defend is given under section 23 or 24, it shall not be necessary to file a fur- ther statement of claim, unless otherwise ordered at the hearing of the summous for judgment.”

11. Sections 331, 332 and 333 are repealed.

section 135.

17. Repeals sections 331, 332 and 333.

12.-(L.) Section 347 shall be repealed and there shall 7. Amends be substituted therefor the following section :---

sections 317 and 348.

*347. If the judgment of the Court is reserved at Reserved

the trial the Court shall, either then or on some Judgment, subsequent day cause the parties to be informed

of the day on which judgment will be deli-

vered."

(2.) In sub-section (2) of section 348 the words “served with notice to attend and heat judgment" shall be deleted and there shall be substituted therefor the words "informed

of the day on which judgment will be delivered “.

13. In section 349, after the words " Provided that the 25. Amends Court may

there shall be inserted the words “on good section 349.

cause shown",

14. In section 368, the second sub-section is repealed. Amends and the figure “(1)“.

section 368.

15. In section 386, the second sub-section is repealed 75, Amends and replaced by the following

"(2.) The order for immediate excention shall be in writing and shall be sufficient authority to the bailiff to proceed at once to excention of the judgment by seizure of the person of the party against whom judgment is given: pro- vided that the party obtaining the order shall, as soon thereafter as practicable, comply with the requirements of the following section: Pro- vided Turther that if the party against whom the order has been made satisfies the Judge that he has sufficient means and intends to satisfy the judgment, the Judge may discharge the order for immediate execution.”

16. Section 389 is repealed.

17. Section 443 shall be amended as follows:-

(4.) in sub-section (1) thereof by the deletion of the word “apply" and the substitution therefor of the words make written application "; (b.) in sub-section (2) thereof by the insertion after the word "affidavit at the end thereof of the words and shall be forwarded by the appli- eant's solicitor, or, if he have no solicitor, by the Superintendent of the Gaol, to the Registrar": e. in sub-section (3) thereof by the deletion of the words "On the application being made”, and by the substitution therefor of the words "On the application being received, the Registrar shall forthwith bring it to the notice of the Court and":

*

d.) in sub-section (3) thereof by the deletion of the words appear on the hearing of and the substitution therefor of the words “signify his intention of appearing and opposing ":

(e.) by the addition at the end of sub-section (3)

thereof of the following proviso :--

ཡ་

"Provided always that the judgment creditor shall not be allowed to appear and oppose the application unless within the period fixed as aforesaid he shall have signified in writing to the Registrar his intention of so appearing and opposing the applica- tion":

section 386.

H. Repeals Section 389.

7. Amends section 143