(2) The place an order of the Court is required below paragraph (1) by purpose only of paragraph (1) (a), then if, both before or after accepting the money paid into Courtroom by some only of the defendants sued jointly or in the alternative by him, the plaintiff discontinues the action against all different defendants and those defendants consent in writing to the fee out of that sum, it may be paid out without an order of the Court.
4. The indorsement of claim on a summary summons and on a special summons shall be entitled “SPECIAL INDORSEMENT OF Declare,” and shall state particularly and with all vital particulars the relief claimed and the grounds thereof. The indorsement of declare on a abstract summons or a particular summons shall be in such one of many varieties in Appendix B, Half III, moneylender firm as shall be applicable to the case, or, if none be discovered relevant, then such other equally concise form as the nature of the case could require.
(3) Where the defendant, or all of the defendants, to a probate motion, fails or fail to acknowledge service of the writ, then, until on the application of the plaintiff the Court orders the motion to be discontinued, the plaintiff might after the time restricted for acknowledging service by the defendant apply to the Court docket for an order for trial of the motion.