APPENDIX. PART II. GENERAL RULES Agreed upon by the Judges of all the Courts, in pursuance of the Statute 2 W. IV. c. 39. § 14. MICHAELMAS TERM, 3 W. IV. (1832.) defendants in one writ. I. IT IS ORDERED, that every writ of summons, capias, and de- Joining several tainer, shall contain the names of all the defendants (if more than one,) in the action; and shall not contain the name or names of Ante, 67. any defendant, or defendants, in more actions than one. II. IT IS FURTHER ORDERED, that the following fees shall be Fees allowed for taken: For signing all writs for compelling an appearance, whether of summons, distringas, capias, or detainer, and whether the same shall be the first writ, or an alias or pluries writ, and whether the same shall issue into the same county as the preceding writ, or into a For entering an appearance for every defendant ..... Unless an appearance shall be entered for more than one defendant, by the same attorney, and in that case for every additional defendant signing and sealing writs. £ s. d. Ante, 73. III. IT IS FURTHER ORDERED, that the person serving a writ of Indorsement of summons shall, within three days at least after such service, indorse day of service on such writ, the day of the week and month of such service; on writ of sum mons, when made, and con sequence of not making it. Ante, 74. Of true day of execution, on writ of capias. Ante, 97. Amount of debt and costs to be indorsed on writ of summons, &c. Ante, 71. Alias and pluries writs of summons, and capias, into another county. Ante, 77. 98. Forms of. Ante, 77. 98. No additional fee for non omittas clause, in distringas. Ante, 82. IV. IT IS FURTHER ORDERED, that the sheriff, or other officer or person to whom any writ of capias shall be directed, or who shall have the execution and return thereof, shall, within six days at the least after the execution thereof, whether by service or arrest, indorse on such writ, the true day of the execution thereof; and in default thereof, shall be liable, in a summary way, to make such compensation for any damage which may result from his neglect, as the court or a judge shall direct. V. IT IS FURTHER ORDERED, that the second rule of Hilary term, 1832a, shall be applicable to all writs of summons, distringas, capias, and detainer, issued under the authority of the said act, and to the copy of every such writ. VI. IT IS FURTHER ORDERED, that any alias or pluries writ of summons may, if the plaintiff shall think it desirable, be issued into another county; and any alias or pluries writ of capias may be directed to the sheriff of any other county; the plaintiff in such case, upon the alias or pluries writ of summons, describing the defendant as late of the place of which he was described in the first writ of summons; and upon the alias or pluries writ of capias, referring to the preceding writ or writs, as directed to the sheriff to whom they were in fact directed. VII. IT IS FURTHER ORDERED, that the alias or pluries writ of summons, into another county, shall be in the following form: William the Fourth, &c. (For this form, see Append. Part III. Chap. IV, &c. § 14.) And that the alias and pluries writ of capias shall be in the following form: William the Fourth, &c. (For this form, see Append. Part III. Chap. VII, &c. § 15.) VIII. IT IS FURTHER ORDERED, that in every writ of distringas, issued under the authority of the said act, a non omittas clause may By this rule it is ordered, "that upon every bailable writ and warrant, and upon the copy of any process served for the payment of any debt, the amount of the debt shall be stated, and the amount of what the plaintiff's attorney claims for the costs of such writ or process, arrest, or copy and service, and attendance to receive debt and costs; and that, upon payment thereof, within four days, to the plaintiff or his attorney, further proceed ings will be stayed: but the defendant shall be at liberty, notwithstanding such payment, to have the costs taxed; and if more than one sixth shall be disallowed, the plaintiff's attorney shall pay the costs of taxation." For observations on this rule, see 2d Supplement to Tidd Prac. 9 Ed. 15. and Ryley v. Boissomas, 1 Dowl. Rep. 383. 4 Leg. Obs. 26. S. C. per Taunton, J. be introduced by the plaintiff, without the payment of any addi tional fee on that account. IX. IT IS FURTHER ORDERED, that when the attorney actually Indorsement of attorney's name suing out any writ, shall sue out the same as agent for an attorney and place of in the country, the name and place of abode of such attorney in abode, on writ the country shall also be indorsed upon the said writ. sued out by X. IT IS FURTHER ORDERED, that if the plaintiff, or his attorney, shall omit to insert in, or indorse on any writ, or copy thereof, any of the matters required by the said act to be by him inserted therein, or indorsed thereon, such writ, or copy thereof, shall not on that account be held void; but may be set aside as irregular, Ante, 71. upon application to be made to the court out of which the same shall issue, or to any judge. XI. IT IS FURTHER ORDERED, that upon all writs of capias, where the defendant shall not be in actual custody, the plaintiff, at the expiration of eight days after the execution of the writ, inclusive of the day of such execution, shall be at liberty to declare de bene esse, in case special bail shall not have been perfected: And if there be several defendants, and one or more of them shall have been served only, and not arrested, and the defendant or defendants so served shall not have entered a common appearance, the plaintiff shall be at liberty to enter a common appearance for him or them, and declare againt him or them in chief, and de bene esse against the defendant or defendants who shall have been arrested, and shall not have perfected special bail. XII. IT IS FURTHER ORDERED, that in case the time for pleading to any declaration, or for answering any pleading, shall not have expired before the tenth 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 twenty-fourth day of October, as if the declaration, or preceding pleading, had been delivered or filed on the twenty-fourth day of October; but in such cases, it shall not be necessary to have a second rule to plead, reply, &c. XIII. IT IS FURTHER ORDERED, that in case a judge shall have made an order in vacation, for the return of any writ issued by authority of the said act, or any writ of capias ad satisfaciendum, fieri facias, or elegit, on any day in vacation, and such order shall have been duly served, but obedience shall not have been paid thereto, and the same shall have been made a rule of court in the term then next following, it shall not be necessary to serve such rule of court, or make any fresh demand of performance or indorsements, on writ, or copy. Declaring de bailable process. Ante, 123, 4. bene esse, on Consequence of time for pleading, &c. not expiring before 10th August. Ante, 101. Attachment for order to return writ, when made disobedience of in vacation. Ante, 109. Proceedings to be stayed, on attorney's declaring that writ was issued without his autho rity. Ante, 70. 105. Mode of entitling declaration. Ante, 121, 2. 150, 51. 196. Pledges discontinued. Ante, 122. 150. Direction of writs of capias, and distringas, into county palatine. thereon; but an attachment shall issue forthwith, for disobedience of such order, whether the thing required by such order shall, or shall not have been done in the mean time. XIV. IT IS FURTHER ORDERED, that if any attorney shall, as required by the said act, declare that any writ of summons, or writ of capias, upon which his name is indorsed, was not issued by him, or with his authority or privity, all proceedings on the same shall be stayed, until further order. XV. IT IS FURTHER ORDERED, that every declaration shall in future be entitled in the proper court, and of the day of the month and year on which it is filed or delivered; and shall commence as follows: (The commencements of declarations, here referred to, will be found in the Appendix, Part III. Chap. XVII. § § 6, 7, 8, 9.) And the entry of pledges to prosecute, at the conclusion of the declaration, shall in future be discontinued a XVI. IT IS ORDERED, that the writ of capias, and distringas, which shall hereafter be issued out of the superior courts of law at Westminster, into the counties palatine of Lancaster or Durham, shall be directed to the Chancellor of the county palatine of LanAnte, 81, 2. 90. caster, or his deputy there, or to the Bishop of Durham, or his chancellor there; and shall be in the following form: (For the form of the writ of distringas, into the county palatine of Lancaster or Durham, see Append. Part III. Chap. IV, &c. § 21; and for the notice to be subscribed thereto, id. § 22: and for the form of the writ of capias into those counties, see id. Chap. VII. &c. § 3.; and for the memorandum to be subscribed thereto, warning to the defendant, and indorsements thereon, id. §§ 4, 5, 6. b) Judge's order to bring in body, in vacation. Ante, 110, 11. HILARY TERM, 3 W. iv. (1833.) IT IS ORDERED, that in case a rule of court, or judge's order, for returning a bailable writ of capias shall expire in vacation, and the sheriff, or other officer, having the return of such writ, shall return cepi corpus thereon, a judge's order may thereupon issue, requiring the sheriff, or other officer, within the like number of days after the service of such order, as by the practice of the court is prescribed, with respect to rules to bring in the body issued in term, to bring the defendant into court, by forthwith a The foregoing rules were signed by all the judges, including the late Lord Tenterden. b The latter rule was signed by all the judges, except the late Lord Tenterden. putting in and perfecting bail above to the action: And if the sheriff, or other officer, shall not duly obey such order, and the same shall have been made a rule of court in the term next following, it shall not be necessary to serve such rule of court, or to make any fresh demand thereon; but an attachment shall issue forthwith, for disobedience of such order, whether the bail shall or shall not have been put in and perfected in the meantime. TRINITY TERM, 3 W. iv. (1833.) soners. I. IT IS DECLARED and ordered, that in all cases in which a de- Time for declarfendant shall have been, or shall be detained in prison, on any writing against priof capias, or detainer, under the statute 2 W. IV. c. 39, or, being Ante, 113. arrested thereon, shall go to prison for want of bail, and in all cases in which he shall have been, or shall be rendered to prison before declaration, on any such process, the plaintiff in such process shall declare against such defendant, before the end of the next term after such arrest or detainer, or render and notice thereof; otherwise such defendant shall be entitled to be discharged from such arrest or detainer, upon entering an appearance according to the form set forth in the aforesaid statute 2 W. IV. c. 39. Sched. No. 2, unless further time to declare shall have been given to such plaintiff, by rule of court, or order of a judge. II. IT IS ORDERED, that from the present day, in all actions against prisoners in the custody of the marshal of the Marshalsea, or of the warden of the Fleet, or of the sheriff, the defendant shall plead to the declaration at the same time, in the same manner, and under the same rules, as in actions against defendants who are not in custody. Time for plead- Time to render plaintiff proprincipal, when ceeds by action cognizance of of debt on re III. IT IS ORDERED, that from and after the tenth day of July next, where the plaintiff proceeds by action of debt on the recognizance of bail, in any of the courts at Westminster, the bail shall be at liberty to render their principal, at any time within the space of fourteen days next after the service of the process upon but not at any later period; and that upon such render being duly Ed. 283, 4. made, and notice thereof given, the proceedings shall be stayed, upon payment of the costs of the writ, and service thereof only. them, bail. Tidd Prac. 9 IV. K.B. The following rule was agreed upon by the judges of the court R. Mich. 3 W. of King's Bench, in pursuance of stat. 2 W. IV. c. 39. § 18. and took effect on the first day of Michaelmas Term, 1832. |