( v ) CHAPTER III.-OF PARTIES AND THEIR APPEARANCEs, Applications, and Acts. Sections 27–31 are new, and contain rules as to parties, their joinder, non-joinder, misjoinder, founded to some extent on the New York Code, sections l 17, l 18, l 19, 120. Section 34.—Here we have settled a moot point by declaring that a partner is not, as such, a ‘recognized agent.” Sections 40 and 41.-Here we have authorised the Court, (a) to make one of several plaintiffs a defendant ; (b) to strike out of the plaint the name of a person improperly made a party ; (c) to stay proceedings against such a person Cha PTER iv.–Of thI, FRAME of TIII: Stsin' AND THE Forms of The PLAINT, Section 42 declares that every plaint shall, as far as practicable, be so framed as to afford ground for a single decision upon the whole subject in dispute. Sections 44 and 45 deal with the subject of multifariousness. Section 49, as to the particulars to be contained in the plaint. IIere we have added some explanations to indicate that the plaint must show (a) that where tho plaintifl'sues in a representative character, he has taken the steps necessary to enable him to sue ; (b) that the defendant is, or claims to be, interested in the subject-matter, and that he is liable to be called on to answer the plaintiff's demand. We have also provided that in money suits the plaint should, as far as practicable, state the amount sued for. Section. 32.-IIore we have explained that a plaint cannot be altered so as to convert a suit of one character into a suit of anothur and inconsistent character. Section 54.—We have provided for rejecting the plaint when it appears therefrom that the suit is barred by any positive rule of law. Section 55 provides (in accordance with a Circular Order of the High Court, Fort William), a procedure (a) on rejecting, (b) on returning, a plaint, Section 57 provides, in accordance with another Circular of the same IHigh Court, for endorsing a memorandum of documents filed by the plaintiff along with the plaint. Section à9 (= Act V of 1866, section 14) deals with suits on lost negotiable instruments. Section 67 (=section 79 of the Bill of 1865, section 48 of Act VIII) provides {hat, tho summons to appear and answer shall order the defendant to produce ‘documents containing evidence relating to the incrits of the plaintist’s case,’ and not ‘documents of which the plaintiff demands inspection.’ CIIAPTKR v1.–SERvICE oF SUMMoNs oN THE DEFENDANT. Section 81–In the Presidency Towns we have provided that the Courts so which Mofussil summonses are sent for service shall be the Courts of Small Causes. CHAPTER vii,-Of the APPEARANCI, or Tilk PARTIES, AND Consequenck or Non-APPEARANCE. Our changes in this matter are merely verbal. CHAPTER VIII.—OF W nitTEN STATeMENts. Section 103.−We have added words to show that the Court shall deal with recorded statements as if given in evidence. Section 105, as to set-off-We have amended and illustrated this section, which represents sention 121 of Act VIII of 1859. As now altered, it applies to any suit for the recovery of money ; provides that in time claim of the defendant against the plaintiff, the parties must fill
