ORDER XXIV. ACCOUNTS AND INQUIRIES.

15.

16.

1, 2, 3. Direct how accounts are to be taken or inquiries made by the registrar, etc. (Form 275). 4. Books of account to be primâ facie evidence. 5 to 13. Relate to proceedings before the registrar in administrations (Forms 276, 277). 14. Just allowances to be made in taking account. Registrar to certify to Judge (Form 278). Certificate may be inspected (Form 280). 17. Provides for variation or confirmation of certificate. 18. If no application made, certificate to be taken as confirmed. 19. Application may be made to Judge for further directions, who may make appointment for hearing, and stay proceedings.

ORDER XXV. ENFORCEMENT OF JUDGMENT AND ORDERS.

1. Order for payment of money may be enforced as judgment for debt or damages. 2. Costs of married woman may in certain cases be enforced in her own name. 3A. Where difficulty arises in execution of any judgment or order, other than for the recovery of money, party may apply to the Judge. 4. Warrants of execution against goods to bear date of issue, and to be in force for one year. 5. Applicant for warrant to produce plaint note or summons and furnish præcipe. 6. Where no payment on judgment has been made for two years, leave to issue execution must be obtained. 7. Where default in payment is made, execution may issue. 8. Provides for execution against a firm and partners individually. 8A. Charging order against interest of partner under Partnership Act, 1890. 8B. Application by partners under same Act. 9A. When leave is required for issue of execution (Forms 115 or 228). 10A. Service of order under preceding Rule. 11. Warrant of execution against goods to be endorsed with amount to

be levied. 12. Warrants of execution against goods may be issued concurrently into one or more districts. 12A, 12B, 12c, 12D, relate to applications for private sale of goods taken in execution.

Judgment Summons.-13. To be served personally upon the judgment debtor. 14A. Judge to give leave to issue out of court district (Form 52). 14в. Relates to judgment summons against firm. 15. Not to issue, unless as a successive summons, after expiration of four months, except upon affidavit, etc. 16. Where applied for at a court in which judgment was not obtained (Form 49). 17. Where party desires commitment to enforce judgment other than County Court (Form 51). 18. Issue and service (Forms 50 or 53). 19. Where judgment debtor is about to remove or is keeping out of the way, may issue before hearing. 20A. Provides for successive summons (Form 52B). 21. Hearing may be adjourned. 22. Witness may be summoned to prove means of debtor. 23. Entries to be made by registrar. 24. Evidence by affidavit, where plaintiff or defendant is non-resident in district. 25. Bailiff to lodge warrant of execution. 26. Where commitment order is made or order is altered by Court, proceedings to be continued in that court (Form 54). 27. Registrar to enter minute that a certificate has been given. 28. Where order is sent to foreign court, the registrar of such court to endorse it (Form 56). 29. Bankrupt not to be committed. 30. No commitment when adjudication takes place after order of commitment (Form 58). 31. Relates to discharge of judgment debtor (Form 60). 32A. Certificate under three last Rules (Form 59). 33. Order of commitment cannot be enforced after the expiration of a year unless the Judge otherwise order (Form 55). 34. Payment after arrest. 35. Payment when in prison (Form 61). 36. Discharge of prisoner (Forms 62 or 63). 37. Certificate of payment (Form 61). 38. Costs on default of appearance of judgment

creditor. 38A. No costs to solicitor. 38в. No costs allowed where fresh order is made as to payment. 39. Costs of endeavours to procure or enforce judgment or order are deemed to be due upon it, unless otherwise ordered.

Warrant of Attachment.—40â. Orders are enforceable by attachment for breach of certain orders (Form 296). 40в. Sealed copy of order (Form 292D) must be served before warrant is applied for. 41a. On failure to obey order after service of copy thereof, notice to appear at court (Form 293). 42A. Relates to order of Judge for attachment (Forms 294A and 296). 42в. Order to be drawn up and copy served. 43. Discharge of person in custody to be by order of Court only. 44. Discharge by registrar (Forms 298, 299).

Warrant of Possession.-45 to 49. Relate to recovery of land (Forms 226, 227).

Warrant of Delivery.-50. Relates to execution for the recovery of property other than land or money; 51, to the form of warrant for delivery (Forms 250, 251, 252); and 52, to examination of judgment debtor as to his means.

ORDER XXVIA. ATTACHMENT OF DEBTS.

1 to 14. Relate to proceedings where a judgment creditor can enforce the payment of money owing to his judgment debtor by a third person, who is termed a garnishee (Forms 38A, 49, 155A, 156a, 157A, 158).

ORDER XXVII. INTERPLEADER.

1 to 14. Relate to proceedings which are to follow if goods are seized under an execution, and are claimed by a third person. The ownership may be determined on an interpleader summons (Forms 134, 135, 136, 137, 138, 178, 179, 180, 181).

ORDER XXVIII. TRANSMISSION OF PROCEEDS OF WARRANTS FROM FOREIGN DISTRICTS.

1 to 3. Relate to the duties to be performed by officers of the court (Form 174 and M.).

ORDER XXIX. SECURITY.

1. Where security by bond is required, notice of sureties proposed to be given (Form 120); objection thereto (Form 122). 2. Sureties to make affidavit as to sufficiency of means (Form 121). Bond to be executed in presence of Judge, registrar, commissioner, or clerk to take affidavits. 4. Money may be deposited in lieu of bond-notice to be given. 5. Bond to be deposited. 6. Officer of court not to be surety.

ORDER XXX. PROCEEDINGS BY AND AGAINST

EXECUTORS AND ADMINISTRATORS.

1. In an action by an executor or administrator if the plaintiff fails, he has to pay the costs out of his own pocket, unless the Court otherwise orders. 2 to 12. Relate to actions in which executors or administrators are either plaintiffs or defendants, and the different forms of judgment which may be given therein, according to the conduct of the parties and the condition of the deceased's estate (Forms 200, 201, 202, 203, 204, 205, 206, 208).

ORDER XXXI. NEW TRIAL.

1A. Application for a new trial may be made on day of trial, or after notice at first court held after the expiration of twelve days from trial, or subsequently by leave of the Judge. 2. Judge may direct new trial to be had before a jury.*

ORDER XXXII. APPEALS. 1, 2, 3, and 4.
Amended by 57 & 58 Vict. c. 16 (1894).*

*See Chapter XVII., Appeals and New Trial.

ORDER XXXIII. ACTIONS, ETC., REMITTED FROM OR TO HIGH COURT.

1 to 11 deal with actions or matters remitted from or transferred to the High Court of Justice, and refer to the requisite forms.

ORDER XXXIV. REPLEVIN.

1 to 6. Relate to proceedings to obtain redelivery of goods which have been wrongfully distrained or taken. No other cause of action can be joined with this (Forms 34, 247, 248, 742).

ORDER XXXV. BILLS OF EXCHANGE ACT, 1855. 1A, 2, 3, and 4 relate to summary procedure under 18 & 19 Vict. c. 67, §§ 2 and 3.

ORDER XXXVI. REGISTRY OF JUDGMENTS. 1. Relates to registrar's duties.

1 to 4. Relate to equity matters; 5 to the examination of a married woman's interest in fund.

ORDER XXXVIII. TRUSTEE RELIEF ACTS, SETTLED
LAND ACT, COUNTY COURTS ACT, 1888, § 70.
1 to 29 deal with matters under the above-named
Acts, and need not be summarised here.

ORDER XXXIXB.

ADMIRALTY ACTIONS.

1 to 80. Relate to proceedings in actions which pertain to maritime matters.

ORDER XL. AGRICULTURAL HOLDINGS (ENGLAND) Аст, 1883.

1. Gives interpretation of terms in certain cases under 46 & 47 Vict. c. 61. 2 to 6. Relate to proceedings as to appeals; and 7 to referee or umpire.