ties] he is a mortgagee [or assignee of a mortgagee, describing the date and consideration of the assignment, or as the case may be,] of certain property therein comprised, situate and described as follows:-[describe the property particularly] for securing the sum of £ and interest, which said mortgage, and a bond given therewith, are now in his custody, (or as the case may be.) 2. That the time of payment thereof has elapsed, and that the defendant is entitled to the equity of redemption of the said mortgaged premises. 3. The plaintiff therefore prays to be paid the said sum of £ [whatever may be due] and interest, with the costs of this suit, and in default thereof, that the equity of redemption may be foreclosed, the mortgaged premises sold, and the produce thereof applied in payment of his said debt and costs, and for that purpose to have all proper directions given and accounts taken. To Mr. C. D. the above named defendant, his workmen, labourers, servants, and agents. You and each of you are hereby strictly enjoined and commanded under the penalty of £1000 to be levied on your lands, goods, and chattels, and also of imprisonment, to desist henceforth altogether and absolutely from felling or cutting down any timber, or other trees standing, growing, or being in or upon the premises situate and described as follows:-[describing them as in the Bill, or according to the circumstances] and from committing or doing any other or further waste or spoil in or upon the said premises, or any part thereof, until order shall be made to the contrary. By order of the Court, (or in case of emergency, Given under my hand the D. L. R., Clerk. day of A. D. 18.) Interrogatories for the examination of the above named defendant in answer to the plaintiff's Bill of complaint. 1. Has not a mortgage been made, given, and duly registered to of the date, for the sum, and on the premises in the said Bill mentioned, and has not an assignment thereof been made to the plaintiff of the date and for the consideration therein mentioned, or some other and what dates, sums, and premises respectively? 2. Has not the time of payment thereof elapsed, and is not the defendant entitled to the equity of redemption of the said mortgaged premises? The answer of C. D. the above named defendant, to the Bill of complaint of the above named plaintiff. In answer to the said Bill, I, C. D. say as follows: 1. I admit that the mortgage in the Bill and interrogatories mentioned has been made, given, and duly registered as therein stated (or as the case may be), and the assignment has also been` made as in the said Bill mentioned. 2. I admit the time of payment has elapsed, and that I am entitled to the equity of redemption in the mortgaged premises. Sworn, &c. [Defendant's name.]. my dwelling house), on the day of clock in the and shew cause, if he can, why an Order for the administration of the personal estate of the said should not be granted.-Dated, &c. NOTE.-If the above named Judge in Equity. do not attend either in person, or by his Solicitor, at the time and place above mentioned, such Order will be made in his absence as the Judge may think just. This Summons was taken out by J. K. the Solicitor for the above named (G) Execution against the body, &c. to enforce Order or Decree. Victoria, &c. To the Sheriff of Whereas by a certain Order (or Decree) lately made in our Supreme Court in Equity in a certain cause there depending, wherein A. B. is plaintiff and C. D. defendant, It was ordered, (or decreed) that the said defendant should pay to the said plaintiff the sum of (or should convey to the said plaintiff, &c. a certain piece of land described as follows: or a certain ship or vessel called the , or deliver certain property, as the case may be, describing it as in the Decree) as by the said Order (or Decree) remaining as of record in our said Court will more fully appear. Therefore we command you that you take the said defendant, and him safely keep in your custody until the said sum of be paid to you for the said plaintiff, (or until the said land, or vessel, &c. be conveyed according to such Decree), and if the said defendant shall not within one month from such arrest, make the conveyance aforesaid, you are hereby commanded to take and give possession of [such land, vessel, or property,] to the said plaintiff; and make return hereof when fully executed.-Witness J. C., Chief Justice, at Fredericton, the day of A.D. 18 [day of issuing]. (H) D. L. R., Clerk. Execution against Goods and Chattels. Victoria, &c. To the Sheriff of Whereas &c. [as in the last preceding form to the asterisk."] Therefore we command you that of the goods and chattels, lands and tenements of the said defendant, you cause to be made the sum of for the said plaintiff, and make return hereof when fully executed.-Witness &c. [as before in last form.] Section. CHAPTER 3. D. L. R., Clerk. Of Proceedings on a Reference. 1. Reference, when made. 2. What Summons or Warrant required. 3. When and how to proceed on Reference. 4. Examinations, how to be taken thereon. 5. Accounting parties, how to proceed thereon. Section. 6 Accounts thereon, mode of proof. 1. A Reference may be made by a Judge, on the application of either party, to any Barrister, or to any scientific person or accountant, not interested, for any enquiry or other purpose; and the person so specially appointed, on being sworn, shall thereupon become for that purpose an officer of the Court. 2. No summons or warrant shall be issued by any officer on a reference other than to require the parties to proceed, which they shall do forthwith, if required by the officer, with power of adjournment, and, on omission to adjourn, with power to proceed on notifying the parties. 3. If the party obtaining a decree or decretal order directing a reference, shall not within one month from the time of settling the same, proceed therewith before the officer named therein, or if any unnecessary delay take place on any reference, either party, or the officer, may be ordered by a Judge on good cause shewn, peremptorily to proceed with the same, on such pain of dismissal of the cause, or excluding further proof, or payment of costs, or ordering the return of the officer's proceedings and a new reference, as he may deem right. 4. No interrogatories shall be filed on a reference, commission of partition, or the like, but the examinations shall always be viva voce by question and answer. 5. Accounting parties shall in all cases be required to file with the officer, on oath, a debtor and creditor account, unless the plaintiff rely on the schedules to the answer. In either case he may supply by additional account and proof any omissions of the defendant, and the officer shall proceed thereon without requiring a charge from the plaintiff or a discharge from the defendant, unless no discharge should accompany the schedules. Any omissions may also be supplied by the defendant. Each party may be examined on oath for or against his own or the opposite party's account. The books or writings of either party, or of any person or party represented by him, or under whom he claims, may also be used in evidence for or against the party producing them, the officer reporting as to the nature of the evidence, when objected to, and the credit due to it. 6. No person shall be required to prove his account, or any part thereof, until the opposite party shall specify the objectionable items, and deny on oath their correctness, and where there are accounts of deceased persons, or of those under whom any party claims, the denial of the representing party shall be to the best of his knowledge and belief, except where he may have personal knowledge of the transactions. If the party refuse so to specify and deny, the officer shall pass the accounts on the oath or examination of the party producing them. 7. All objections on a reference shall be made and argued at the time of presenting the proof, unless postponed for further consideration, and when decided, shall be briefly noted in |