ORDER XVII. JOINDER OF CAUSES OF ACTION. such causes action. 1. Subject to the following rules, the plaintiff may unite in the Joinder of same action and in the same statement of claim several causes of causes of action; but, if it appear to the Court or a judge that any of action cannot be conveniently tried or disposed of together, the Court or judge may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof. 3. Claims by a trustee in bankruptcy as such shall not, unless by leave of the Court or a judge, be joined with any claim by him in any other capacity. 4. Claims by or against husband and wife may be joined with claims by or against either of them separately. 5. Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator. 6. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant. 7. The last three preceding rules shall be subject to Rule 1 of this Order, and to the rules hereinafter contained. action. 8. Any defendant alleging that the plaintiff has united in the same Confining action several causes of action which cannot be conveniently disposed of in one action, may at any time apply to the Court or a judge for an order confining the action to such of the causes of action as may be conveniently disposed of in one proceeding. 9. If, on the hearing of such application as in the last preceding rule mentioned, it shall appear to the Court or a judge that the causes of action are such as cannot all be conveniently disposed of in one action, the Court or a judge may order any of such causes of action to be excluded, and may direct the statement of claim, or, if no statement of claim has been delivered, the copy of the writ of summons and the indorsement of claim on the writ of summons to be amended accordingly, and may make such order as to costs as may be just. Action by lunatics, &c. ORDER XVIII. ACTIONS BY AND AGAINST LUNATICS AND PERSONS OF In all cases in which lunatics and persons of unsound mind not so found by iniquisition might respectively before the passing of the Act have sued as plaintiffs or would have been liable to be sued as defendants in any action or suit, they may respectively sue as plaintiffs in any action by their committee or next friend in manner practised in the Court of Chancery before the passing of the said Act, and may in like manner defend any action by their committees or guardians appointed for that purpose. Pleadings: brief and facts only. ORDER XIX. PLEADING GENERALLY. 1. The following rules of pleading shall be substituted for those heretofore used in the High Court of Chancery and in the Courts of Common Law, Admiralty, and Probate. 2. Unless the defendant in an action at the time of his appearance shall state that he does not require the delivery of a statement of complaint, the plaintiff shall within such time and in such manner as hereinafter prescribed, deliver to the denfendant after his appearance a statement of his complaint and of the relief or remedy to which he claims to be entitled. The defendant shall within such time and in such manner as hereinafter prescribed deliver to the plaintiff a statement of his defence, set-off, or counter-claim (if any), and the plaintiff shall in like manner deliver a statement of his reply (if any) to such defence, set-off, or counterclaim. Such statements shall be as brief as the nature of the case will admit, and the Court in adjusting the costs of the action shall inquire at the instance of any party into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same. These and the following rules apply to petitions on protest and against the report of the registrar as well as to ordinary pleadings (J. A., 1873, s. 100, and O. i., r. 3). The briefness must necessarily depend on the circumstances of each particular case, but it was pointed out under the old Admiralty procedure, upon which these rules are modelled, that not every material fact need be pleaded, but such only as if proved or admitted would establish the plaintiff's (or defendant's) case (The West of England, 1 L. R. Ad. 307). On the other hand, every material fact in which the parties intend to rely must,-it will be seen under r. 4,-be pleaded. And it was held (under the old practice) that a fact was not to be implied from a general allegation, but to be distinctly stated. This decision is still applicable (The Marpesia, L. R. 4 P. C. 212; 26 L. T. N. S. 333). set-off. 3. A defendant in an action may set off, or set up by way of Countercounter-claim against the claims of the plaintiff any right or claim, claims and whether such set-off or counter-claim sound in damages or not, and such set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross-claim. But the Court or a judge may, on the application of the plaintiff before trial, if in the opinion of the Court or judge such setoff or counter-claim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof. tion of By this rule cross-actions, such as those for damage by collision are no longer necessary, for any cross-claim or setoff which a defendant may have can be pleaded by way of counter-claim so long as it can be conveniently disposed of in the pending action. Thus, the limitation of liability For limitaunder M. S. Act, 1862, s. 54, can be claimed in this manner liability. (e.g. The Clutha, 45 L. J. Ad. 108; 35 L. T. N. S. 36). Though it has been held that it may be properly pleaded as a partial ground of defence (Wahlberg v. Young, 45 L. J. C. P. 783); see further on limitation of liability, ante, pp. 54, 55. It has been laid down as a principle that the set-off claimed must be connected with the original cause of action" (Padwick v. Scott, 2 Ch. D. 736; 45 L. J. Evidence not to be pleaded. Delivery of pleadings. Date of Ch.350). As to striking out counter-claims, see post, O. xxii., r. 9; but, even with this limitation, the Admiralty jurisdiction in this matter is much enlarged, since it was formerly more or less confined to actions for wages (see The Don Francisco, Lush. 468; 5 L. T. N. S. 460). 4. Every pleading shall contain as concisely as may be a statement of the material facts on which the party pleading relies, but not the evidence by which they are to be proved, such statement being divided into paragraphs numbered consecutively, and each paragraph containing as nearly as may be a separate allegation. Dates, sums, and numbers shall be expressed in figures and not in words. Signature of counsel shall not be necessary. Forms similar to those in Appendix (C) hereto may be used. As to some of the rules of pleading, see ante, r. 2. 5. Every pleading which shall contain less than ten folios of 72 words each (every figure being counted as one word) may be either printed or written, or partly printed and partly written, and every other pleading, not being a petition or summons, shall be printed. 6. Every pleading or other document required to be delivered to a party, or between parties, shall be delivered in the manner now in use to the solicitor of every party who appears by a solicitor, or to the party if he does not appear by a solicitor; but, if no appearance has been entered for any party, then such pleading or document shall be delivered by being filed with the proper officer. This rule supersedes the old practice of filing pleadings in the registry, except in cases of objection to the registrar's report. 7. Every pleading in an action shall be delivered between parties, delivery of and shall be marked on the face with the date of the day on which it pleadings. is delivered, and with the reference to the letter and number of the action, the division to which and the judge (if any) to whom the action is assigned, the title of the action, the description of the pleading, and the name and place of business of the solicitor and agent, if any, delivering the same, or the name and address of the party delivering the same if he does not act by a solicitor. Statement of relief claimed. 8. Every statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and may also ask for general relief. And the same rule shall apply to any counterclaim made or relief claimed by the defendant in his statement of defence. If the plaintiff's claim be for discovery only, the statement of claim shall show it. 9. Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct facts, they shall be stated, as far as may be, separately and distinctly. And the same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off, or counter-claim founded upon separate and distinct facts. 10. Where any defendant seeks to rely upon any facts as sup- Set-off. porting a right of set-off or counter-claim, he shall in his statement of defence state specifically that he does so by way of set-off or counter-claim. 11. If either party wishes to deny the right of any other party to claim as executor or as trustee, whether in bankruptcy or otherwise, or in any representative or other alleged capacity, or the alleged constitution of any partnership firm, he shall deny the same specifically. 17. Every allegation of fact in any pleading in an action, not Admission being a petition or summons, if not denied specifically or by in pleadnecessary implication, or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition.1 It was decided under the old practice that an admission of law could not be made in pleadings, and r. 17 by implication supports this decision (The Peerless, Lush. 103; 13 Moo. P. C. 484). ings. of material facts. 18. Each party in any pleading, not being a petition or summons, Allegation must allege all such facts not appearing in the previous pleadings as he means to rely on, and must raise all such grounds of defence or reply, as the case may be, as if not raised on the pleadings would be likely to take the opposite party by surprise, or would raise new issues of fact not arising out of the pleadings, as, for instance, fraud, or that any claim has been barred by the Statute of Limitations, or has been released. Before these rules the defence of non-communication with owners to an action on a bottomry bond was held to be one which should be specially pleaded, and it clearly should be still set out in the defence (see The Olivier, Lush. 484. 1 The five preceding rules are omitted, as inapplicable to Admiralty actions. |