to the clerk of the court under the provisions hereof or if no such address has been given to his last known post office address. No. 5 of 1894, s. 44.

erroneously

procedure or

less than $100

616. Unless the judge shall otherwise order, in case any ac- Suit tion falling within the class provided for in this order is brought brought under under the general procedure and the plaintiff suc- general ceeds or in case in an action of debt brought under the general recovery of procedure to recover over $100 the plaintiff recover less than that sum he shall recover only such costs as he would have recovered had the action been brought under the provisions of this order and the defendant in any such action shall be entitled Costs to tax his costs of suit between advocate and client and so much thereof as exceeds the taxable costs of defence which would have been incurred had the proceedings been had under this order shall on entering judgment be set off and allowed by the clerk against the plaintiff's costs to be taxed or against the costs to be taxed and the amount of the judgment if it be necessary and if the amount of the costs so set off exceeds the amount of the plaintiff's judgment and taxed costs the defendant shall be entitled to judgment for the excess against the plaintiff. No. 5 of 1894, s. 45. .

fees

617. In every case where an action is defended and an advo- Advocate's cate is employed by the successful party the clerk in addition to all other costs shall unless otherwise ordered by the judge tax to the successful party an advocate's fee equal to ten per cent. of the amount of the judgment recovered if such fee is taxable to the plaintiff or equal to ten per cent. of the amount claimed by the plaintiff in the action if such fee is taxable to the defendant:

Provided that in no case shall the fee so taxable be less than $1 and except as herein provided no other counsel or advocate fee shall be taxable or payable as between party and party. No. 5 of 1894, s. 46.

618. There shall be paid to the clerk or deputy clerk and Clerk's and sheriff or deputy sheriff respectively for their services in actions sheriff's fees and suits within the provisions of this order the fees prescribed by the tariffs of clerk's and sheriff's fees in The Small Debt Tariff contained in the schedule hereto. No. 5 of 1894, s. 47.

interpreter

619. Witnesses and interpreters in actions and suits within Witness and the provisions of this order shall be entitled to the fees and re-fees muneration set forth in The Small Debt Tariff contained in the schedule hereto and such fees shall be taxable to or against the successful party as the case may be to the same extent as they are taxable in other cases under this Ordinance:

evidence by

Provided that the judge may in any case direct the taxation Cost of to either party of the reasonable costs and expenses of obtain commission, ing evidence by commission or otherwise. No. 5 of 1894, s. 48. etc.

620. Except as to the matters specially provided for in this Adoption of order the procedure or practice under the preceding orders and procedure

general

Præcipe and indorsement unnecessary

Informalities

rules where not inconsistent herewith shall be adopted and applied in actions brought under this order. No. 5 of 1894, s. 49.

621. It shall not be necessary upon the commencement of any proceeding or the issue of any process in actions coming under the provisions of this order for any party to file a præcipe nor shall it be necessary to indorse upon any such process the name of the person by whom or on whose behalf the same was issued. No. 5 of 1894, s. 50.

622. No proceedings under this order shall be deemed invalid for informality provided the same are a substantial compliance with the requirements of this order as to such proceeding. No. 5 of 1894, s. 51.

SCHEDULE.

FORM A.

(Rule 1.)

WRIT OF SUMMONS.

In the Supreme Court of the North-West Territories.

VICTORIA, (or name of the reigning Sovereign as the case may be) by the Grace of GOD of the United Kingdom of Great Britain and Ireland, QUEEN (or as the case may be), Defender of the Faith, etc., etc., etc.

To the above named defendant:

You are notified that the plaintiff has entered an action against you in the above named court for the recovery of the claim or demand a statement of which is filed in court and annexed to this summons.

And you are commanded that if you dispute the said claim either in whole or in part you do within days from the service of this writ on you, exclusive of the day of such service, cause to be entered for you in the office of the clerk of this court an appearance and within six days thereafter file with the clerk a statement of the grounds on which such dispute is based.

And take notice that in default of your so doing the plaintiff' may proceed in his said action and judgment may be given in your absence and without further notice to you.

MEMORANDA TO BE INDORSED ON WRIT.

N.B. This writ is to be served within twelve months from the date thereof; or if renewed within six months from the day of the last renewal including the day of such date and not afterwards.

This writ was issued by the plaintiff who resides at

and (if residence over three miles from the clerk's office) whose "address for service" is at

of

Or, This writ was issued by advocate for the plaintiff whose "address for service" (if the advocate's office is over three miles from the clerk's office) is at

FORM B.

(Rule 355.)

WRIT OF EXECUTION.

In the Supreme Court of the North-West Territories.

VICTORIA, (or the name of the reigning Sovereign as the case may be) by the Grace of GOD of the United Kingdom of Great Britain and Ireland, QUEEN (or as the case may be) Defender of the Faith, etc., etc., etc.

To the Sheriff of the

Judicial district;

You are commanded that of the goods (or lands as the case may be) of district, you cause to be made

cents which

in the

judicial dollars and

lately

by the judgment (or order as the case may be) of the said court recovered against him and that you have the said money and in what manner you shall have executed this writ make appear to the said court at , immediately after the execution thereof together with this

before the said court at

FORM C.

(Rule 384)

GARNISHEE SUMMONS.

In the Supreme Court of the North-West Territories,
Judicial District of

Between

of

Plaintiff,

and

of

Defendant.

and

of

Garnishee.

To the above named Garnishee,

You are hereby notified that a suit has been entered in this court in which the plaintiff claims of the defendant the sum of as shown by his

statement of claim filed in court a copy of which is hereto annexed (or You are hereby notified that the plaintiff has recovered a judgment in this court against the defendant for

and it is alleged on affidavit filed that you are indebted to the said defendant.

And you are required within ten days from the service hereof to appear at the clerk's office and state in writing whether or not there is any debt due or accruing due from you to the defendant (or judgment debtor) and, if so, what debt and why you should not pay the same into court to the extent of the plaintiff's claim and costs.

FORM D.

(Rule 417.)

WRIT OF ATTACHMENT.

In the Supreme Court of the North-West Territories,
Judicial District of

VICTORIA, (or the name of the reigning Sovereign as the case may be) by the Grace of GOD of the United Kingdom of Great Britain and Ireland, QUEEN (or as the case may be), Defender of the Faith, etc., etc., etc.

To the Sheriff of the

Judicial district :

You are commanded to attach, seize and safely keep all the personal estate, credits and effects together with all evidences of title, debts, books and book accounts or other documents, vouchers or papers belonging thereto or otherwise of the above named defendant to secure and satisfy the plaintiff the sum of with his costs of action and to satisfy the debt and demand of such other creditors of the said defendant as shail prosecute their claims to judgment and lodge executions with you the said sheriff within the time allowed by The Creditors' Relief Ordinance to entitle them to share in the distribution of the proceeds.

And we command you the said sheriff that so soon as you shall have executed this writ you do return the same with an affidavit of service and a certificate of your action thereunder.

In the Supreme Court of the North-West Territories,

Judicial District of

VICTORIA, (or the name of the reigning Sovereign as the case may be) by the Grace of GOD of the United Kingdom of Great Britain and Ireland, QUEEN (or as the case may be), Defender of the Faith, etc., etc., etc.