Ordinary Form of Commencement and Termination of Statement of Defence (a). Ordinary Form of Commencement and Termination of a Statement of Defence and Counter-claim. Between Sir John Fletcher, Bart. (b) Plaintiff, 1. 2, &c. } [Here insert body of statement of defence.] (a) "Where a statement of claim is delivered to a defendant, he shall deliver his defence within ten days from the delivery of the statement of claim, or from the time limited for appearance, whichever shall be last, unless such time is extended by the Court or a judge." (Order XXI. r. 6.) See ante, pp. 95, 96, as to computation of time, power of Court or judge to extend the time, and effect of defendant making default in pleading. (b) See ante, p. 96, as to giving titles or dignities to plaintiff or defendant. H ter-claim. Form of Commencement and Termination of a Statement of In the High Court of Justice, Plaintiff, Rule where third party added as defendant with plain tiff on counter claim. And between Edward Smith The above-named Sir John Jones, and Henry Wood, John Harvey and John Jex. (By counter-claim.) Defence. The defendant, Edward Smith, says that: 1. 2. Defendants. } [Here insert body of statement of defence.] (a) See notes on preceding pages as to this portion of the pleading. (b) "Where a defendant by his defence sets up any counter-claim which raises questions between himself and the plaintiff along with any other persons, he shall add to the title of his defence a further title similar to the title in a statement of claim, setting forth the names of all the persons who, if such counter-claim were to be enforced by cross action, would be defendants to such cross action, and shall deliver his defence to such of them as are parties to the action within the period within which he is required to deliver it to the plaintiff." (Order XXII. r. 11.) The plaintiff as to the counter-claims says that : (Signed) [Here counsel signs.] Delivered the day of 18-, by Form of commence ment, &c., Form of Commencement and Termination of a Rejoinder, where there is a Counter-claim. In the High Court of Justice, 1883. A. No. 100. of rejoinder. The defendant as to the reply says that: (Signed) [Here counsel signs.] Where Pleadings will be commenced and ended according to one or other of the above forms, subject, however, to variation in a number of cases so far as some description of one or other of the parties named is concerned. It will be convenient here to mention some of the variations most frequent in practice : Where a plaintiff or defendant has been described in the plaintiff or defendant writ of summons by a wrong name, the commencement of the erroneously statement of claim will be varied thus: "Between J. J. described (erroneously named in the writ as H. J.), plaintiff, and H. S., defendant," or, "Between J. J., plaintiff, and H. S. (sued as J. S.), defendant." in writ. Where a surviving plaintiff is claiming, the other having died after writ issued, the variation will run, "Between J. J. (suing together with A. B., since deceased), plaintiff, and H. S. defendant." executor or Where either party is an executor or administrator, and sues, Where or is sued, in that capacity, the variation will run, "Between adminisJ. J. (executor of the last will of A. B., deceased, or trator a administrator of the personal estate of A. B., deceased, as the party. case may be), plaintiff, and H. S., defendant," or "Between J. J. plaintiff, and H. S. (executor of the last will of A. B., deceased, or administrator of the personal estate of A. B., deceased, as the case may be), defendant." either adminis deceased Where the executor or administrator of a party who has died Where after the issuing of the writ is claiming, or is a defendant, the variation will run, "Between J. J. (executor of the last will executor or of A. B., deceased since the issuing of the writ in this action, trator of and substituted as plaintiff by order of Master), or (admi- party nistrator of the personal estate of A. B., deceased, &c., &c.), since writ plaintiff, and H. S., defendant," or, "Between J. J., plaintiff, issued. and H. S. (executor of the last will of A. B., deceased, since the issuing of the writ in this action, and substituted as defendant by order of Master, or administrator of the personal estate of A. B., deceased, &c., &c.), defendant " (a). "In (a) As to the rights of an executor or administrator to sue upon contracts made with the testator or intestate, and in respect of wrongs done to his estate, and their liability to be sued for breaches of contracts and torts committed by him, see post, title Executors. In this place attention is directed to the Orders of Court which prescribe the steps to be taken to join a personal representative in cases where he has a right or is liable to be joined. Order XVII. r. 1 lays down generally, “A cause or matter shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite." Rule 2 goes on, case of the marriage, death, or bankruptcy, or devolution of estate by operation of law, of any party to a cause or matter, the Court or a judge may, if it be deemed necessary for the complete settlement of all the questions involved, order that the husband, personal representative, trustee, or other successor in interest, if any, of such party, be made a party, or be served with notice thereof in such manner and form as is hereinafter prescribed, and on such terms as the Court or judge shall think just, and shall make such order for the disposal of the cause or matter as may be just." Rule 4 is perhaps the most important: "Where by Changes in reason of marriage, death, or bankruptcy, or any other event occurring interest after the commencement of a cause or matter and causing a change or through transmission of liability, or by reason of any person interested coming marriage, into existence after the commencement of the cause or matter, it death, becomes necessary or desirable that any person not already a party bankshould be made a party, or any person already a party should be made a party in another capacity, an order that the proceedings shall be ruptcy, &c., pendente |