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ORDER XXVII.

AMENDMENT OF PLEADINGS. 1. The Court or a judge may, at any stage of the proceedings, allow either party to alter his statement of claim or defence or reply, or may order to be struck out or amended any matter in such statements respectively which may be scandalous, or which may tend to prejudice, embarrass, or delay the fair trial of the action, and all such amendments shall be made as may be necessary for the purpose of determining the real questions or question in controversy between the parties.

2. The plaintiff may without any leave amend his statement of claim once at any time before the expiration of the time limited for reply, and before replying, or, where no defence is delivered, at any time before the expiration of four weeks from the appearance of the defendant who shall have last appeared.

3. A defendant who has set up in his defence any set-off or counterclaim may, without any leave, amend such set-off or counter-claim at any time before the expiration of the time allowed him for pleading to the reply, and before pleading thereto, or in case there be no reply, then at any time before the expiration of twenty-eight days from the filing of his defence.

4. Where any party has amended his pleading under either of the last two preceding Rules, the opposite party may, within eight days after the delivery to him of the amended pleading, apply to the Court or a judge to disallow the amendment, or any part thereof, and the Court or judge may, if satisfied that the justice of the case requires it, disallow the same, or allow it subject to such terms as to costs or otherwise as may seem just.

5. Where any party has amended his pleading under Rule 2 or 3 of this Order, the other party may apply to the Court or a judge for leave to plead or amend his former pleading within such time and upon such terms as may seem just.

6. In all cases not provided for by the preceding Rules of this Order, application for leave to amend any pleading may be made by either party to the Court or a judge in chambers, or to the judge at the trial of the action, and such amendment may be allowed upon such terms as to costs or otherwise as may seem just.

7. If a party who has obtained an order for leave to amend a pleading delivered by him does not amend the same within the time limited for that purpose by the order, or if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid, or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the Court or a judge.

8. A pleading may be amended by written alterations in the pleadings which has been delivered, and by additions on paper to be interleaved therewith if necessary, unless the amendments require the insertion of more than 144 words in any one place, or are so numerous or of such a nature, that the making them in writing would render the pleading difficult or inconvenient to read, in either of which cases the amendment must be made by delivering a print of the pleading as amended.

9. Whenever any pleading is amended, such pleading when amended shall be marked with the date of the order, if any, under which the same is so amended, and on the day on which such amendment is made, in manner following, viz. : “Amended day of

10 Whenever a pleading is amended, such amended pleading shall be delivered to the opposite party within the time allowed for amending the same.

11. The Court or a judge may, at any stage of the proceedings, allow the plaintiff to amend the writ of summops in such manner, and in such terms, as may seem just.

ORDER XXVIII.

DEMURRER.

1. Any party may demur to any pleading of the opposite party, or to any part of a pleading setting up a distinct cause of action, ground of defence, set off, counter-claim, reply, or as the case may be, ou the ground that the facts alleged therein do not show any cause of action or ground of defence to a claim or any part thereof, or set off or counterclaim, or reply, or as the case may be, to which effect can be given by the Court as against the party demurring:

2. A demurrer shall state specifically whether it is to the whole or to a part, and if so, to what part of the pleading of the opposite party. It shall state some ground in law for the demurrer, but the party demurring shall not, on the argument of the demurrer, be limited to the ground so stated. A demurrer may be, in the form 28 on Appendix (Č) hereto. If there is no ground, or only a frivolous ground of demurrer stated, the Court or a judge may set aside such demurrer with costs.

3. A demurrer shall be delivered in the same manner and within the same time as any other pleading in the action.

4. A defendant desiring to demur to part of a statement of claim, and to put in a defence to the other part, shall combine such demurrer and defence in one pleading. And so in every case where a party entitled to put in a further pleading desires to demur to part of the last pleading of the opposite party, he shall combine such demurrer or other pleading.

5. If the party demurring desires to be at liberty to plead as well as to demur to the matter demurred to, he may, before demurring, apply to the Court or a judge for an order giving him leave to do so ; and the Court or judge, if satisfied that there is reasonable ground for the de. murrer, may make an order accordingly, or may reserve leave to him to plead after the demurrer is overruled, or may make such other order and upon such terms as may be just.

6. When a demurrer either to the whole or part of a pleading is delivered, either party may enter the demurrer for argument immediately, and the party so entering such demurrer shall on the same day give notice thereof to the other party. If the demurrer shall not be entered and notice thereof given within ten days after delivery, and if the party whose pleading is demurred to does not within such time serve an order for leave to amend, the demurrer shall be held sufficient for the same purposes and with the same result as to costs as if it had been allowed on argument.

7. While a demurrer to the whole or any part of a pleading is pending, such pleading shall not be amended unless by order of the Court or a judge; and no such order shall be made except on payment of the costs of the demurrer.

8. Where a demurrer to the whole or any part of a pleading is allowed upon argument, the party whose pleading is demurred to shall, unless the Court otherwise order, pay to the demurring party the costs of the demurrer.

9. If a demurrer to the whole of a statement of claim be allowed, the plaintiff, subject to the power of the Court to allow the statement of claim to be amended, shall pay to the demurring defendant the costs of the action, unless the Court sball otherwise order.

10. Where a demurrer to any pleading or part of a pleading is allowed in any case not falling within the last preceding rule, then (subject to the power of the Court to allow an amendment) the matter demurred to shall as between the parties to the demurrer be deemed to be struck out of the pleadings, and the rights of the parties shall be the same as if it had not been pleaded.

11. Where a demurrer is overruled, the demurring party shall pay to the opposite party the costs occasioned by the demurrer, unless the Court shall otherwise direct.

12. Where a demurrer is overruled, the Court may make such order and upon such terms as to the Court shall seem right for allowing the demurring party to raise by pleading any case he may be desirous to set up in opposition to the matter demurred to.

INDEX.

ABATEMENT,

pleas in, abolished. See PLEADINGS.
ACCEPTANCE,

under 17th section of Statute of Frauds. See SALE OF Goods.
ACCEPTOR. See Bills OF EXCHANGE.
ACCIDENT. See NEGLIGENCE.

not necessarily evidence of negligence, 461
ACCOMMODATION BILL. See Bills OF EXCHANGE.
ACCORD AND SATISFACTION, 105

what constitutes, ib.
accord without satisfaction or satisfaction without accord no defence, ib.
payment of a smaller sum no satisfaction for larger amount, ib.
aliter where greater amount unliquidated, ib.
acceptance of, by one joint creditor binds others, ib.

an answer to action for libel. See DEFAMATION.
FORMS-

statement of defence of, to action for negligence, 105, 106
reply to preceding defence alleging fraud and misrepresentation, 106
statement of defence of, to action for malicious prosecution, 431

statement of defence of, to action for breach of warranty, 642
ACCOUNT STATED,

need not be in writing, 107
when items may be re-opened, ib.

mistake, ib.

miscalculation, ib.
FORMS-

statement of claim on, ib.
statement of claim on, (facts different), 107, 108
claim on account stated in the alternative, 114

other alternative claims on an account stated, 384, 452
ACTION,

local, now abolished. See VENUE.
statement of form of, unnecessary. Sce PLEADING.

combining causes of, in statement of claim. See PLEADING.
ADMININISTRATORS. See EXECUTOR.
AGENTS. See COMMISSION.

where no time of engagement agreed on principal may revoke authority, 108
unless agent has authority coupled with interest, ib.

AGENTS- continued.

bound to exercise reasonable amount of care and skill, 108
mercantile, have implied authority to sell at such times, places, and prices

as they think advantageous, ib.
not generally liable for price of goods sold on credit, 109

aliter, if del credere agents, ib.
FoRMS. See forms under COMMISSION.
statement of claim in action against agent for selling on credit contrary to

instructions, and for selling at lower price than directed, 108-110
statement of defence and counterclaim to preceding claim, 110—112
reply, 112
rejoinder, ib,
statement of claim, in action against agent for not accounting or paying

for goods consigned to him for sale, alleging alternatively a del credere

liability, 112, 113.
statement of claim in action by agent for losses on sales and re-sales for

defendant, 113, 114.
AGISTMENT,

Duty and liability of an agister of cattle, 114
FORMs—
statement of claim for loss of cattle through negligence and misconduct of

agister, 114-116
statement of defence to preceding claim, 116–118

reply, 118, 119
AGREEMENT,

as to mode of setting out in pleading. See PLEADING.
ALTERATION,

effect of, on a contract, 119.
instances of alterations which vitiate, ib.
when made by a stranger, ib.

effect of, when made by mutual consent, ib.
FORMS-

statement of defence of, to action on deed or written contract, ib.

statement of defence of, to action on promissory note, 184
ALTERNATIVE PLEADINGS. See PLEADINGS.
AMENDMENT. See PARTIES, PLEADINGS.
ANCIENT LIGHTS. See EASEMENTS.
ANIMALS. See FEROCIOUS ANIMALS.

ANNUITY. See Bond.

APOLOGY. See DEFAMATION.

“Defence under Lord Campbell's Act."

APOTHECARIES. See MEDICAL PRACTITIONERS.

APPRAISEMENT. See DISTRESS.

APPRENTICE,

what constitutes the contract of apprenticeship, 120
must be in writing, ib.
not bound after 21, ib.
covenants by master and bondsman independent, ib.
master bound to maintain apprentice though ill, 120, 121
master may moderately chastise, 121

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