Page:UKSRO 1890.pdf/128

This page needs to be proofread.

92

of the jurisdiction or are dead, the fact of the residence of the party or parties not sued being without the jurisdiction, or the death of such parties, shall appear on the face of the process.

2. Where a plaintiff proceeds against only one or more of several persons jointly liable, the defendant or defendants sued may avail himself or themselves of any set-off or other defence to which he or they would be entitled if all the persons liable were made defendants.

3. All persons may be joined as plaintiffs in whom the right. to any relief claimed is alleged to exist, whether jointly, severally, or in the alternative; and a decree may be made for such one or more of the plaintiffs as may be found to be entitled to relief for such relief as he or they may be entitled to without amendment. Any additional costs occasioned by joining unnecessary parties shall be in the discretion of the Judge.

4. All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative; and a decree may be made against such one or more of the defendants as may be found to be liable according to their respective liabilities without any amendment. The costs of the parties against whom no decree may be made to be in the discretion of the Judge.

5. It shall not be necessary that every defendant to any action or suit shall be interested as to all the relief thereby prayed for, but the Judge may from time to time make such orders as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in such action or suit in which he may have no interest.

6. Where in any action or suit the plaintiff is in doubt as to the persons against whom he is entitled to relief, he may join two or more defendants, to the intent that in such action or suit the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties to the action or suit.

7. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives without joining any of the parties beneficially interested in the trust or estate and shall be considered as representing such parties; but the Judge may, at any stage of the proceedings, or from time to time, order any of such parties to be made parties to the action or suit, either in addition to or in lieu of the previously existing parties thereto.

8. When the action is brought under section I. of the 37 & 38 Vict. c. 66, or any Act extending or amending the same, to recover any lands, all the persons in whom the title is alleged to be shall be plaintiffs, and the person or persons alleged to be in possession or apparent possession of the lands sought to be recovered shall be defendant or defendants.