Excerpt from Practice Under the Judicature Acts: Being Reports of Points of Practice Arising Under the Judicature Acts, 1873 and 1875, Decided in Judges' Chambers

Acts. I am, therefore, of Opinion that in the case supposed a plaintifi' would be entitled to the discovery now sought, and that the appro riate form of remedy is by administering interroga tories. E protection accorded to the defendant by the Act of Will. 4 will attach to the answer which he makes to this interro tory, as it would have attached to the answer to the bill of 'scov The second point is provided for by the 22nd section of the? Of 1873. By that section the High Court is to have the same jurisdiction in relation to pending actions as if the same had been originally commenced therein, and it goes on to say the. So far as regards the form and manner of procedure, such causes may be continued and concluded either in the same or the like manner as they would have been continued and con cluded in the court from which they shall have been transferred, or according to the ordinary course of the High Court of Justice (so far as the same may be applicable thereto), as the Court may think fit to direct. It is clear that if the Judicature Acts had not passed the plaintiff might now have filed a bill of discovery, and no reason has been suggested why she should be deprived of the substituted remedy here.' The defendant will not be in a worse position by being required to answer the interrogatory than he would have been if such a bill had been filed. I therefore direct that this action be continued according to the course of the High Court of Justice, and allow the interrogatory. As the trial may come on at the latter end of the next week, and as the question is one which will require no time, and will put the defendant to no inconvenience to answer, I must require him to file his answer on or before Monday next. Solicitor for the plaintiif, A. Howard. Solicitor for the defendant, Riches.o. XI.

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