1853. REG. GEN. the said courts, with respect to the matters hereafter Writ of summons, 2. Attorney and guardian, 3. Payment of money into court, 5. Venue, change of, 6. Judge's order for judgment, 8. Jury; view, 13. New trial; motions in arrest of Costs; setting off damages and Execution, 19. Revivor and scire facias, 21. Entry of satisfaction on roll, 21. Causes removed from inferior Penal actions, compounding of, 30. against, 31. Sheriffs; rules to return writs or Rules, summonses, and orders, 36. Awards and annuities, 39. Forms of proceedings, 42. Indorsement of of summons. WRIT OF SUMMONS. 1. When a writ of summons is indorsed in the special 1853. REG. GEN. tion. Where the plaintiff's attorney, at the time of issuing the writ, claims more than the sums fixed as above, the indorsement on the writ of summons in respect of costs shall be as follows: "Such sum as shall be allowed on taxation, for costs." And, in case the plaintiff shall be Costs of taxafound not entitled to more costs than such fixed sums, or if more than one sixth shall be disallowed, the plaintiff's attorney shall pay the costs of taxation. So, if the attorney has indorsed on the writ one of the fixed sums for the costs of judgment, and claims more costs on signing judgment, and on taxation shall be found not entitled to more than such sum, or if more than one sixth be taken off on taxation, the plaintiff's attorney shall in like manner pay the costs of taxation. (s (ss. 25, 27, Sched. A, No. 4.) APPEARANCE. two or more defendants. 2. If two or more defendants in the same action shall Appearance by appear by the same attorney, and at the same time, the names of all the defendants so appearing shall be inserted in one appearance. ATTORNEY AND GUARDIAN. 3. An attorney not entering an appearance in pur- Undertaking suance of his undertaking, shall be liable to an attach ment. to appear, 4. No attorney shall be changed without the order of Changing a judge. attorney. 5. A special admission of prochein amy, or guardian, Admission of to prosecute or defend for an infant, shall not be deemed guardian. an authority to prosecute or defend in any but the particular action or actions specified. JOINDER OF PARTIES. 6. Whenever a plaintiff shall amend the writ, after Amendment of notice by the defendant, or a plea in abatement of a non B 2 writ after notice, or plea of non-joinder. 1853. REG. GEN. joinder by virtue of the Common Law Procedure Act, 1852, sect. 36, he shall file a consent in writing of the party or parties whose name or names are to be added, together with an affidavit of the handwriting, and give notice thereof to the defendant, unless the filing of such consent be dispensed with by order of the court or a judge. (s. 34.) Time to declare. Waiver of plea, &c. after demurrer. Time for pleading not 10th August. PLEADINGS. 7. No side-bar rule for time to declare shall be granted. 8. The defendant shall not be at liberty to waive his plea, or enter a relicta verificatione after a demurrer, without leave of the court or a judge, unless by consent of the plaintiff or his attorney. 9. In case the time for pleading to any declaration, or expiring before for answering any pleadings, shall not have expired before the 10th day of August in any year, the party called upon to plead, reply, &c., shall have the same number of days for that purpose after the 24th day of October, as if the declaration or preceding pleading had been delivered or filed on the 24th of October. Date of judg ment, &c., on plea of judg. ment recovered. 10. Where a defendant shall plead a plea of judgment recovered, he shall in the margin of such plea state the date of such judgment, and, if such judgment shall be in a court of record, the number of the roll on which such preceedings are entered, if any; and, in default of his so doing, the plaintiff shall be at liberty to sign judgment as for want of a plea; and, in case the same be falsely stated by the defendant, the plaintiff, on producing a certificate from the proper officer or person having the custody of the records or proceedings of the court where such judgment is alleged to have been recovered, that there is no such record or entry of a judgment as therein stated, shall be at liberty to sign judgment as for want of a plea. PAYMENT OF MONEY INTO Court. 1853. REG. GEN. out of court. 11. No affidavit shall be necessary to verify the plain- Taking money tiff's signature to the written authority to his attorney to take money out of court, unless specially required by the master. (s. 72.) 12. When money is paid into court in respect of any particular sum or cause of action in the declaration, and the plaintiff accepts the same in satisfaction, the plaintiff, when the costs of the cause are taxed, shall be entitled to the costs of the cause in respect of that part of his claim so satisfied, up to the time the money is so paid in and taken out, whatever may be the result of any issue or issues in respect of other causes of action; and, if the defendant succeeds in defeating the residue of the claim, he will be entitled to the costs of the cause in respect of such defence, commencing at "Instructions for plea," but not before. Costs, where money paid into court as to part of the cause of action. actions. 13. Where money is paid into court in several actions In consolidated which are consolidated, and the plaintiff, without taxing costs, proceeds to trial on one, and fails, he shall be entitled to costs on the others up to the time of paying money into court. DEMURRER. in demurrer. 14. The party demurring may give a notice to the op- Notice to join posite party to join in demurrer in four days, which notice may be delivered separately, or indorsed on the demurrer, otherwise judgment. (s. 89.) 15. No motion or rule for a concilium shall be required; but demurrers, as well as all special cases, special verdicts, and appeals from county-courts, shall be set down for argument in the special paper at the request of either party, four clear days before the day on which the same are to be argued; and notice thereof Setting down demurrers, special cases, and appeals from county courts. 1853. REG. GEN. Delivery of demurrerbooks and special and appeal cases. shall be given forthwith by such party to the opposite party. 16. Four clear days before the day appointed for argument, the plaintiff shall deliver copies of the demurrer-book, special case, special verdict, or appeal cases, with the points intended to be insisted on, to the Lord Chief Justice of the Queen's Bench or Common Pleas, or Lord Chief Baron, as the case may be, and the senior puisne judge of the court in which the action is brought; and the defendant shall deliver copies to the other two judges of the court next in seniority; and, in default thereof by either party, the other party may, on the day following, deliver such copies as ought to have been so delivered by the party Consequence of making default; and the party making default shall not be heard until he shall have paid for such copies, or deposited with the master a sufficient sum to pay for such copies. If the statement of the points have not been exchanged between the parties, each party shall, in addition to the two copies left by him, deliver also his statement of the points to the other two judges, either by marking the same in the margin of the books delivered, or on separate papers. default. Points for argument. 17. When there shall be a demurrer to part only of the declaration or other subsequent pleadings, those parts only of the declaration and pleadings to which such demurrer relates, shall be copied into the demurrerbooks; and, if any other parts shall be copied, the master shall not allow the costs thereof on taxation, either as between party and party, or as between attorney and client. VENUE, CHANGE OF. 18. No venue shall be changed without a special order of the court or a judge, unless by consent of the parties. |