R. 5. Unless otherwise ordered the costs of and incidental Rr. 5—7. to an order of arrest shall be costs in the cause. R. 6. Upon payment into Court of the amount mentioned in the order, a receipt shall be given, and upon receiving the bond or other security a certificate to that effect shall be given, signed or attested by the plaintiff's solicitor, if he have one, or by the plaintiff if he sue in person. The delivery of such receipt or a certificate to the sheriff, or other officer executing the order, shall entitle the defendant to be discharged out of custody. Ibid. Costs. Ibid. Payment into Court. R. 7. The sheriff or other officer named in an order to Ibid. arrest shall within two days after the arrest, indorse on the Return by order the true date of such arrest. sheriff. FORM NO. 31. Order for Arrest (Capias) under Debtors Act. In the High Court of Justice, Division day of 18 between defendant, upon hearing, filed the be arrested and im from the date of his arrest, including the day of such date, unless and until he shall sooner deposit in Court the sum of £ or give to the plaintiff a bond executed by him, and two sufficient sureties in the penalty of £ or some other security satisfactory to the plaintiff, that And it is further ordered, that the sheriff of do within one calendar month from the date hereof, including the day of such date, and not afterwards, take the defendant for the purpose aforesaid, if he shall be found in the sheriff's bailiwick For Forms of Orders of Committal of Judgment Debtors, see Forms Nos. 48, 49, Appendix (K) to R. S. C., 1883. APPENDIX (G). Rr. 7-16. Ord. 61. RULES OF SUPREME COURT, 1883, APPLI- And see New Rules, December, 1883, Appendix (M). R. 7. All copies, certificates, and other documents appearing Seal evidence to be sealed with a seal of the Central Office, shall be preof office copies. sumed to be office copies, or certificates, or other documents, issued from the Central Office, and if duly stamped may be received in evidence and no signature or other formality, except the sealing with a seal of the Central Office, shall be required for the authentication of any such copy, certificate, or other document. Ibid. necessary. Deeds to be enrolled. Ibid. Acknowledgments, how made. Ibid. Where kept. Ibid. petitions, sub- Ibid. R. 8. It shall not be necessary to enrol any judgment or order, whether dated before or since the commencement of the principal Act. R. 9. All deeds which by any statute or statutory rule are directed or permitted to be enrolled in any of the Courts whose jurisdiction has been transferred to the High Court of Justice may be enrolled in the Enrolment Department of the Central Office. R. 12. All acknowledgments required for the purpose of enrolling any deed or other document may be made before the Clerk of Enrolments, or before a Master as occasion may require. R. 13. The records of all deeds and recognizances enrolled shall be sent by the Clerk of Enrolments so long as that office shall continue, or by the proper officer of the Enrolment Department, to the Public Record Office, Rolls Yard, within two years from the time of the enrolment thereof. R. 15. No order made on a petition, and no order to make a submission to arbitration, or an award, an order of Court; and no judgment or order wherein any written admissions of evidence are entered as read, shall be passed, until the original petition, submission to arbitration, or award or written admissions of evidence shall have been filed in the Central Office, or where the proceedings are taken in a district registry, in the district registry, and a note thereof made in the judgment or order by the proper officer. R. 16 Upon every pleading or other proceeding which is R. S. C. 1883, APPLICABLE TO BILLS OF SALE. 761 filed in the Central Office, the date of filing the same shall be Rr. 16-26. printed or written. Date of filing. R. 17. Proper indexes or calendars to the files or bundles of all documents filed at the Central Office shall be kept, so that the same may be conveniently referred to when Indexes to be required; and such indexes or calendars and documents shall at all times during office hours, be accessible to the public on payment of the usual fee. kept. R. 18. There shall also be entered in proper books kept for Ibid. the purpose the time when any certificate is delivered at the Entry of time Central Office to be filed, with the name of the cause and the of certificate date of the certificate; and the like entry shall be made of the granted. time of delivery of every other document filed at the Central Office, and such books shall at all times during office hours, be accessible to the public on payment of the usual fee. R. 19. Every judgment, order, certificate, petition, or Ibid. document made, presented, or used in any cause or matter, Form of shall be distinguished by having plainly written or stamped certificate. on the first page thereof the year, the letter, and the number by which the cause or matter is distinguished in the books kept at the Central Office. R. 20. There shall also be entered in the cause books the Ibid. date of every judgment, order, and certificate, made in every Entry of cause or matter. judgments. R. 21. The entry of every judgment and order in such Ibid. cause books in the Chancery Division shall contain a reference to the date and folio of the Registrar's book in which the judgment or order has been entered. R. 22. The Registrar of judgments shall not receive any Ibid. memorandum of a judgment, execution, lis pendens, order, Time when rule, annuity, Crown debt, or other incumbrance, or any receivable. memorandum of satisfaction relating to the same, for registra tion after the hour of two in the afternoon. R. 23. The Clerk of Enrolments and each of the following Ibid. Registrars, namely, (a) The Registrar of Bills of Sale; (b) The Registrar of Certificates of Acknowledgments of Deeds by Married Women; Bills of Sale. (c) The Registrar of Judgments, shall, on a request in Searches may writing, giving sufficient particulars, and on payment of the be made. prescribed fee, cause a search to be made in the registers or indexes under his custody, and issue a certificate of the result of the search. R. 25. The Masters shall execute the office of the Registrar Ibid. for the purposes of the Bills of Sale Act, 1878, and the Bills of Masters to be Sale Act (1878) Amendment Act, 1882, and any one of the registrars. Masters may perform all or any of the duties of the Registrar. R. 26. A Memorandum of Satisfaction may be ordered to be Ibid. Memorandum Rr. 26-32. written upon a registered copy of a bill of sale, on a consent to the satisfaction, signed by the person entitled to the benefit of of satisfaction, the bill of sale, and verified by affidavit, being produced to the Registrar and filed in the Central Office. Ibid. obtained. R. 27. Where the consent in the last preceding rule menWhen and how tioned cannot be obtained, the Registrar may on applica tion by summons, and on hearing the person entitled to the benefit of the bill of sale, or on affidavit of service of the summons on that person, and in either case on proof to the satisfaction of the Registrar that the debt (if any) for which the bill of sale was made has been satisfied or discharged, order a memorandum of satisfaction to be written upon a registered copy thereof. Ibid. R. 28. No affidavit or record of the Court shall be taken Records not to out of the Central Office without the order of a Judge or be removed. Master, and no subpoena for the production of any such document shall be issued. Ibid. officer. R. 29. Any officer of the Central Office, being required to Attendance of attend with any record or document at any assizes, or at any Court or place out of the Royal Courts of Justice, shall be entitled to require that the solicitor or party desiring his attendance shall deposit with him a sufficient sum of money to answer his just fees, charges, and expenses, in respect of such attendance, and undertake to pay any further just fees, charges, and expenses, which may not be fully answered by such deposit. Ibid. Deposit of deeds, &c. Ibid. petitions, cer- Ibid. Forms. R. 30. Where any deeds or other documents are ordered to be left or deposited, whether for safe custody or for the purpose of any inquiry in Chambers, or otherwise, the same shall be left or deposited in the Central Office, and shall be subject to such directions as may be given for the production thereof. R. 31. All certificates of the Chief Clerk of a Judge, and all petitions and written admissions of evidence whereon any order is founded, and all submissions to arbitration made orders of the Court, shall be transmitted to and left at the Central Office to be there filed or preserved. And all office copies thereof, or of any part thereof that may be required, shall be ready to be delivered to the party requiring the same within forty-eight hours after the same shall have been bespoken. R. 32. The forms contained in the appendices shall be used in or for the purposes of the Central Office with such variations as circumstances may require. APPENDIX (H). I FORMS OF BILLS OF SALE. See FORM 24.* Affidavit on Registration of Bill of Sale. In the High Court of Justice, Division of 18 No. make oath and say as follows: 1. The paper writing hereto annexed and marked A., is a true copy of a bill of sale, and of every schedule or inventory thereto annexed or therein referred to, and of every attestation of the execution thereof, as made and given and executed by 2. The said bill of sale was made and given by the said on the day of 18 3. I was present and saw the said bill of sale on the said 4. The said day of duly execute the said resides at (state residence at time of swearing affidavit), and is (state occupation), 5. The name subscribed to the said bill of sale as that of the witness attesting the due execution thereof, is in the proper handwriting of me, this deponent 6. I am a solicitor of the Supreme Court, and reside at 7. Before the execution of the said bill of sale by the said I fully explained to Sworn, &c. the nature and effect thereof (see note *). Form for entry of satisfaction on a registered bill of sale: see Appendix K., R. S. C., 1883, Form No. 58. Forms. Bill of Sale of Personal Chattels according to the Statutory Form (a). THIS INDENTURE made between A. B. (mortgagor) of (describing Form of Bill of * Although the above form has been given in the new Rules of 1883, yet it will be seen it is at variance with the Amendment Act (see s. 10), by which attestation by one or more credible witness or witnesses (not being a party or parties thereto), is sufficient, and no attestation by a solicitor or explanation is required, therefore paragraphs 6 and 7 must now be omitted. (a) It is clear that the form in the statute (see schedule) is wholly inapplicable to a variety of common securities, and must, as a form, be to some extent departed from, and yet the recent decisions in the cases of Davis v. Burton, 10 Q. B. D. 414, and 52 L. J. Q. B. 636; and Ex parte Pearse, re Williams, W. N. 1883, p. 182, will show how difficult it is to frame a form of bill of sale in all respects in accordance with the form in the Act, and yet which will enable the grantee to possess a reasonable security. As the result of the case of Davis v. Burton it would appear that although the whole Sale. |