^ ^ •c**^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 |2£ «jBi 122 11.1 l.-^isa L2I IHu 11.6 I Sciences Corporation 23 WIST MAIN STREiT WnSTER,N.Y. MSM ( 71* ) 172-4503 <5v CIHM/ICMH Microfiche Series. CIHIVi/iCMH Collection de microfiches. Canadian Instituta for Historical Microraproductiont / Institut Canadian da microraproductions hiatoriquaa Tachnical and Bibliographic Notaa/Notaa tachniquat at bibliographiquaa Tha instituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua. which may altar any of tha imagaa in tha raproduction, or which may significantly changa tha usual mathod of filming, ara chackad balow. □ Colourad covars/ Couvartura da coulour r~l Covars damagad/ □ Couvartura andommagia Covars rastorad and/or laminatad/ Couvartura rastaurte at/ou palliculAa Covar titia missing/ La titra da couvartura manqua [~~| Colourad mapa/ D D n n Cartas gtegraphiquas an coulaur Colourad ink li.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) Colourad platas and/or illuatrations/ Planchaa at/ou illuatrationa •!% coulaur Bound with othar matarial/ Rali* avac d'autras documanta Tight binding may causa shadows or distortion along intarior margin/ La re liura sarria paut cauaar da I'ombra ou da la diatorsion la long d« la marg* intiriaura Blank laavas addad during raatoration may appaar within tha taxt. Whanavar possibia, thasa hava baan omittad from filming/ II sa paut qua cartainas pagaa blanchas ajoutias lors d'una rastauration apparaissant dana la taxta. mala, lorsqua cala Atait possibia. cas pagas n'ont paa «tA filmAas. L'Institut a microfilmi ta maillaur axamplaira qu'il lui a iti possibia da sa procurar. Las details da cat axamplaira qui sont paut-itra uniquas du point da vvm bibliographiqua, qui pauvant modifier una imaga raproduita, ou r^ui pauvant axigar una modification dans la mithoda normala da filmaga sont indiquis ci-daasous. n n D n n Colourad pagaa/ Pagaa da coulaur Pagaa damagad/ Pagas andpmmagias Pagas rastorad and/or laminatad/ Pagas rastaurias at/ou pallicuiias Pagas discolourad. stained or foxad/ Pagas d*colori«s. tachatias ou piquias Pagas datachad/ Pagas ditachias Showthrough/ Transparanca Quality of print varies/ Qualit* inigala da ('impression Includas supplamantary matari«il/ Comprand du material supplimantaira Only adition availabia/ Saula Mition disponibia Pagas wholly or partially obscured by errata slips, tissues, etc., hava been refilmed to ensure the best possible image/ Las pages totalement ou partiellement obscurcies par un feuillet d'errata. une peiure, etc., cnt iti filmies A nouveau da fapon i obtenir la mailleure imaga possible. Tl to T» P< of fii Oi bi th si( ot fir si( or Additional comments:/ Commentairas supplimentaires; Vartous pagings. Wrinkled pages may film slightly out of focus. Th ah Til wi Ml dil ani ba rig rmt m( Thia item ia filmed at tha reduction ratio chackad below/ Ce document eat filmA au taux da rMuction indiqu* ei-daaaoua. 10X 14X 18X 22X 26X 30X T 12X 16X 20X 24X 28X 32X Th« copy fllm«cl h«r« has bMn r«produc«cl thankt to tho gonorosity of: Douglas Library Quaan't Univaraity Tha imagaa appaaring hara ara tha baat quality poaaibia conaidaring tha condition and lagiblllty of tha original copy and in kaaping with tha filming contract apacif icationa. Original coplaa In printad papar covara ara fllmad baginning with tha front covar and anding on tha last paga with a printad or llluatratad Impraa- sion, or tha bacic covar whan appropKata. All othar original coplaa ara fllntad baginning on tha first paga with a printad or llluatratad impraa- sion. and anding on tha last paga with a printad or iiiustratad Imprasslon. Tha last racordad frama on aach microficha shall contain tha symbol — ^ (moaning "CON- TINUED"), or tha symbol y (moaning "END"), whichavar applias. IMaps, piatas, charts, ate may ba fiimad at diffarant raduction ratios. Thosa too larga to ba antiraly inciudad in ona axposura ara fllmad baginning in tha uppar laft hand cornar, laft to right and top to bottom, as many framas as raquirad. Tha following diagrams iliustrata tha mathod: 1 2 3 L'axamplaira film* fut raproduit griea A la gfoAroaMda: Douglas Library Quaan's Univarsity Las Imagas suK/antas ont 4ti raproduitas avac ia plus grand soin. compta tanu da ia condition at da ia nattatA da l'axamplaira film*, at an conformM avac las conditions du contrat da fllmaga. Laa axampiairaa origlnaux dont la couvartura an paplar ast ImprimAa sont fllmto an commanfant par ia pramiar plat at an tarminant soit par ia darnlAra paga qui comporta una amprainta d'Impraaalon ou d'lllustration. soit par ia sacond plat, aalon la caa. Tous laa autraa axampiairaa origlnaux aont fiimAs an commandant par la pramlAra paga qui comporta una amprainta d'impraasion ou d'illustratlon at an tarminant par la darnlAra paga qui comporta una talla amprainta. Un das symboias suhrants apparattra sur ia darniira imaga da chaqua microficha, salon la caa: la symbols — ► signifia "A SUIVRE". la symbols V signifia "FIN". Las cartas, pianchas. tablaaux, ate, pauvant Atra fllmte A das taux da reduction diff Grants. Lorsqua la documant ast trop grand pour Atra raproduit an un aaul cllchA. 11 ast film* A partir da i'angia supAriaur gaucha, da gaucha i droita, at da haut an baa, an pranant la nombra d'imagas nAcassaira. Las diagrammas suivants iliustrant ia mAthoda. 1 2 3 4 5 6 . ': ir BULES AND ORDERS 0F PRACTICE, FOB TOM mi^w^ 1891. TO WHICH IS AODEDj THE RULES AND ORDERS OF PRACTICB^ w THS FBO rcut com or APnuu. ■r .'.-V MONTREAL: PRINTED BY T. A. TURNER, No. 16, Notre.Daine Street, n}R JOSEPH NICKLESSk BOOK.S£LL£ft. 182S. ■■■»•**■ I i'f' ■ff i % \ J:. rp ni|' ,^.^ %m:.m!ko. ^^-fir-«*».;->w.'*»f-iff/"^» ^f»,-^-iir.*i(m^r^^«^.'. .•(5jr».'««N Jijf»r- ICTIOWl ICT. UJ BCT> in lOT. ivl llCT. V. ■vs t;.-! ' ^n^v'-^ 2; 'iO-*^ivr:i' f •.,.,,■■ ■:• vf-V ■^^W^XA^.jf .«-. a' A 'n •■4 v ■ ^%'■^l irx'^' -li-' i^i?^' j'ffi' I* ■ : < 1 -.'^/'■S ■^*-.^ ffJ, ! ■•'■^ ' ."■ «!••; ■''...' .ii'.-it. ^■^i. .i V, il'i: J. .. '^- .*.'• i-^iJ. uur 1 ■ . ■ . . » ^ >«. r "•■'■ % *K ■'X^.iljy^i. l^-m rr ?^- r tj^: -^iS': --.v>' *■ ,vi V A .xm .^-*Js TABLE OF CONTENTSi II . ICTION t— Of the Court. BCT. II«— Of the Habits of Officeri, Barritten, and Counsel. KT> III-«Of the SheriiF and Prothonotariet* Offices. ^ ^ EOT. IV.— Of Service of Flrocess. icT. V.-»Of the Retum of PMcesi. IccT. VIv— Of Abearance, Election of Iloimcile» and Default. MV. Vll^-^onccndng Attomies, and of their FhMecuting aftd D«« fending Causes. BCT* VIII.-.Of Capias ad retpondendim—f)t Sfeaai Bail— Of Surreil* der, and of Debtors— Detention in Prison. !T. IX.— Of Security for Costs, b^ persons prosecuting Suits, &C who are not resident within this Province. BCT. X. — Of Declarations and Pleadings thereto relating. ' Sect. XI. — Of Pli>as, £xceptions> Dihitory Pleas, and Inscription »njhur». $BCT. XII— Of Rejdications. lECT- XIII. — Of Incidental Demands. BCT. XIV.— Of Filing Deeds, &c. whereon am action may be ground- ed i — And of Filing other corroborative Written Evidence. Siwt. XV.— Of Withdrawing Exhibits. ^ $BCT. XVI.— Of Communication of Writings filed in any cause to be offered in Evidence. Ibct. XVII.— Of Records. !bct. XVIII.— Of Intervention. iscT. XIX.— Of Pleas and Issues to be fbrmed during Vacation. (i Ibct. XX.— Of Filing Declarations, &c. on Evocation of causes from the Inferior Term. Ibct. XXI..-Of General Rides for Pleading, and of other Broceedingp; 87098 - '^ij**-^-^ "-.«-- -*'-+jr<'.*- •••*•* v'*^;:- ■^^jf nr-'t^miim\''''" • t*4%Ali%#^^>,.. ^?a^^j^,* .*#*■-" •I'J i ^ €OIfTMim, Sect. XXn— Of Trial of Causes at Issue. ^ECT. XXIII.— Of Motions, and hearing thereon, Sect. XXIV. — Of Hearing on Law Issues. Sect. XXV. — Of Exception to' any Interlocutory Order or Judgment tins Court. . S9»*'r;3{J ti,,' -.^/ .v; Sect. XXVI— Of Exceptions to the Regularity of Service of Proces and Affidavits thereon, and of Exceptions to the regularity *of Filing Exhibits, i i^:^,^ Kr'^im-A'yKl'^il'-^ .K ,x^ Sect. XXXII^-Of Airest of Jud^enL ^>\t^ 3Kux'J[ '^^ Sect. XXXIII.— Of the Entry of Motions for New TriaK or in Anei of Judgment. . '7<-i.-K-.f,v.,,,-j,-,n"L i'.r.y . Sect. XXXIV. — Of Peremption, or Discontinuance of Actions. Sect. XXXV.— Of Executions. , g^^ -lijijy ^.!.-i.ri 1^ ?>itA--; b. Sect. XXXVI.— Of the Sherirs Office— Upon the Receipt and Ret of Writs — And of Levies and Sales under Execution. Sect. XXXVII.— Of Oppositions to. the Sale of Effects and Esfat ficized hy execution, or to the distribution of the proceeds of sucl^ithin t1 ^'^^ Uncials thap. 6 |sion, ] ^le 25ih Sect. XL-— Of Costs. ~ LRTICL ill, in Sect. XXXVIII. — Of Proceeding iivresqpect to Appeals. it7 .ft.^*. Sect. XXXIX^-Of Saute ArrjSt, -nio^.v;^ ■joi' Sect. XLL— Of Debtors in GaoL Sect. XUL— Of Actions of Assum|>8it. J 7 f;itv^"T.f tO-^^^-^f-c- ^ , . nv^^jfy^ * *^.»*,t*-^.j irthD; t. Paul at on e held, t and I 2.—^ h? l^rol ^'< ■ VI er' proceeds of BucJ^jthin the intent and meaning of the 7th Section of the Pro- ncial Statute of the 34rh of his Majesty George the Third, hap. 6 ; That is to say-^The first day of January, Circum- ision, Epiphany, Annunciation, only when soiemni:^ed on e 25th of March, Ascension, Good Friday, His Majesty's fv-- li; vj Birth Day, Corpus Christi or Fete Dieu, St. Pierre and t. Paul, All Saints, Conception, artd Christma^f^y : and J ?•" lat on these several Holy Days, this Court shaithot sit or held, but that on every other (Sundays excepted) it shall it and be -held in each Term respectively. 2.— And it is ordered that the office of the Sheriff and of h? Prothonotary shall be open, and attendance therein res- B ,m *i^ >*a«s*M»raLj^- ■■^- --^SMi^»=*a- I I -M \ tl ■■ Ai i\ >'•' pectivetjr given on every day at the hours by the Rules here^ in appointed, except on the above Holy-Days and Sundays] And ihat all the several Rules of this Court, vherein exception may be contained for the non-service or filing o[ pleas on a Holy-Day, shall have relation only to the Holyn Days above declared. ^ ^ . . SECTION II. Of the tidbits nf Officers^ Barristers and Counsel. It is Ordered, that the several Officers of this Court, ii the exercise of their respective offices in Court, do appeal habited in gowns, such as are worn by like officers in his Majesty's Courts in England ; and that the several BarristersJ andi Advocates do appear in Court habited in such gowna and bands as are worn by Barristers of similar degree al Westpiinster-Hall. And that this Court will not hear an] matter moved by any Barrister or Advocate, who shall no^ appear so habited when moving the same. line in )ur in le first I Ut the! )tificat| ., at luties tl afore SECTION III. OftJie Sheriff' and Prothonotaries Offices. Sheriff. — ^That the Sheriff's Office be by suitable meat publickly notified on the door thereof ; and that he do by himj self, or some proper person by him authorised, attend in hi said office every day in Term time, where free access may bej had, from the hour of eight in the morning to six in the afJ temoon, from the first of April to the twentieth of October! inclusive ; and from the hour of nine in the morning to fivt^ in the afternoon, in the Terms that may be held from th^ twenty-first of October to the first of April. And that dul ring the vacation, attendance as aforesaid shall be given it the said office from the hour of eight in the morning to noon 'i and from two to six in the afternoon, from the first of Apr' to the twentieth October, inclusive ; and from the hour q\ jine in the morning until noon, and from two till half pn^t )ur in the afternoon, from the twenty-first of October till le first of April, Sundays and Holy-Oays excepted. And lat the Sheriff do permanently expose in his office a public nification of the respective periods and times, above direct- J, at which his said office will be open for discharge of the luties thereof. :£.— That the attendance in the Sheriff's OfHce, directed aforesaid, shall not, in any manner, obstruct or excuse Personal attendance in Court, and during the continuance e Court's sitting in Term time, which is hereby enjoin- and directed* ' • ' •' Prothohotaribs.— 1. That the Office of the Protho- |>taries be by suitable means publicly notified on the door lerepf ; and that they do by themselves, or proper person persons, by them authorised, attend in the said Office or ^ffices, whereby free access may be had to the Records of m Court, and &uch other business performed as pertain to le duties of iheir office, every day during Term time, from ke hour of eight in the morning to six in the afternoon, pm the first of April to the first of November ; and from ie hour of nine in the morning to five in the afternoon, in le Terms that may be held from the first of November to kc first of April. And that during the vacations attendances aforesaid shall be given in the said Office or Offices from le hour of eight in the morning until noon, and from two U six in the afternoon, from the first of April to the first '^ November ; and from the hour of -Ane in the morning itil noon, and from two till half past four in the afternoon, )m the first of November to the first of April ; Sundays and loly-Days excepted. And that the Prothonotaries do per- lanently expose in their Office, a public notification of the pspective periods and times above directed, at which their lid office will be open for discharge of the duties thereof; 2. — That the attendance in the Prothonotaries Office,. >ove directed, shall not in any manner excuse or obstruct leir personal attendance in Court every dayj and during the bntinuance of the Court's sitting in Term time, nor a like Esrsonal attendance upon any of the Judges of this Court, at / I ft 1 1 I w il \ i any dtting that may be appointed and held during vacatioi which attendance is severally hereby enjoined, and upon t\ •aid Proihonotaries respectivelv directed. 3.— That the procemlin^ of this Court shall be regularlj entered and written in a fair hand, in a register to be kept fo this purpose by the Prothonotary, with a proper index theretc in which register shall be left sufficient spaces for enterinj the different proceedings in each cause separately, and as tht follow in successioq, until |he hnal determination thereof. 4.— I1iat 911 the causes returned into this Court shall numbered, ^o commence with number one of the causes the present term, and be continued progressively for twelvJ terms, at the expiration of which, and of every subsequc twelve terms, the said numbers ^hall be again renewed. 5. That all the records ii^ the causes in which final jud^ ment shall have been given, shall be carefully tied up an(j laid aside in a separate box, on which shall be marked thq term in which such judgments were rendered ; and all pre ceedings which may arise by opposition, or otherwise, subse quent to such final judgment, shall be joined to the rtcor<| in the originalcause as connected therewith, and when dc termincd ^all b^^pnd up and deposited amongst the cause decided in that term, in which such ulterior proceedings shal^ have been so determined. And for the greater security and the more ready access thereto. It is ordertd. 'I'hat a list of the causes, sp determined an^ deposited in each bn^-, shall be made up in the order in whicl they are so dep<»ited and remain therewith ; and when any] of the said records shall be at any time removed from their place, either by appeal or by reason of subsequent proceed* ings to be had thereon, such removal, and the cause thereofJ shall be minuted by the Prothonotary upon such 'ist. 6. — ^1 hat every writ and process, and every copy of any] judgment, rule or order, of this Court, or of any other paper j or document issuing firom the office of the Pirothonotary, shall] be written in a fair hand, without erasures or^ interlineations^ and without any figures or abbreviations of words therein,] other than may be contained in the original, and as are ne> cess>arily descriptive thereof; and every suit, process, or copyL . as aforesaid, issuing &om the said office, and not made conem of such fees and iisbursemcnts, before such bill shall be taxed* 8.— >It is ordered. That the Pruthopotaries do preserve a )ook or register, to ascertain the filing of copies of declara- tions in every cause that may be made under the rules of )ractice, to the end that the said Prothoootaries m&y at all [imes certify the exact period of filing such copies, and by ^hom so filed ; and also of the defendant or his Attorney, taking up any such copy, so being filed* for his use, and the leriod of the same being delivered, and to whom the same nay be delivered, and for every such registering the said Vothonotaries shall be entitled to charge the sum of one ' illing to the plaintiff's costs against the defendant. ^ . ^ ' SECTION IV. ^ •' ;.. , -■-. •' •'• . '■' ■ ' •' ' O/" Service of Process. 1. That on all original suits or process, requiring any efendant or person to appear in this Court to answer or de- nd, and when such person may reside whhin the town of ontreal, or at the distance of one mile therefrom, due ser- ice of such process shall be made two whole days, or forty- eight hours, previous to the return thereof. )i. And the like service of process shall be made at the several periods, and conformably to the distance of the place of residence of such defendant in the several cases following. 3.--* And where the defendant may reside out of the city and suburbs of Montreal, and within a distance not exceed- ing five leagues, due service shall be made three whole days .Jt, t>- H previous to the return ; and when such residence may be Croml five to ten leagues, the service shall be made four whole days! previous to the return ; and when such residence may bel from ten to fifteen leagues, the service shall be made five, whole days previous to the return. 4.— And when such residence may be from fifteen toj twenty leagues distance, the service shall be made six whole] days previous to the return. 5. And where from twenty to thirty leagues, the service | shall be made eight whole days previous to the return. 6. And where the defendant's residence may exceed thirty leagues, then such service shall be made conformably to tha special order of one of the Judges of this Court, upon due consideration of the season of the year and situation of the defendant's residence. 7. That the Sheriff or Coroner to whom any process or ' writ may be directed for service, and which may express a declaration to be thereunto annexed, do not make any return into this Court upon such writ, unless the declaration or writing, therein referred to, be annexed to the same. And if any such return be made, the same shall be taken from the Records of this Court, and no proceeding had there- upon. 8. On the service of any writ of capias ad respondendum^ the plaintiff shall be bound, at the time of serving the defendant with copy of such writ, to serve a notice in writing upon the said defendant, ii} forming him that a copy of the plaintifPs declaration will be left at the Prothonotaries' office for the said defendant in such case, vidthin five days from the service of such writ, and that the plaintiff making due service of a copy of his declaration, conformably to such notice, the same shall be taken and considered as sufficient, unless the defen- dant, before the expiration of the five days, do notify the plaintiff, or his attorney, of his, the defendant's, elected do- micile, within the city of Montreal, where a copy of the plain- tiff's declaration may be served upon him, such defendant. ' I 5 ~ '^BCi...^i£anm^Mjie!u£iEiS&sit(tt I.! SECTION V. Of the Return qf Process. tn 1. — ^That the first business of the Court, at every sittlttg, Je to receive the returns on the service of process, and that pie same be entered of record ; and the respective defen- pnts, where no appearance may have been entered, be openly jailed for appearance, and the legal course of proceedings iken thereon. 2. That all returns upon any process ad respondendum^ Ihall be made and signed by the oflicer to whom such writ lay be directed, and shall specify the manner, time, and klace of such service \ and particularly the parish and coun- r, in which such service has been made. 3. — It is ordered. That no writ or process of any kind piall hereafter issue at the office of the Prothonotary of this ^ourt, without a fut signed by the party demanding the ^ame, or by his Attorney, in which shall be expressed the* lam^s of the parties to the suit, their place of residence, and iddition respectively, the nature of the writ demanded, and |he day of the return thereof, which Jiat shall be filed and }reserved by the Prothonotary, who shall be entitled to der land therefore one shilling ; and in case the date.or day of Return of any writ or process so issued in conformity to such \at, or the name of any party in manner as above directed, (shall be altered or changed, no return thereon shall be admit- [ted or received by this Court. SECTION VI. Of Appearance^ Election of Domicile, and Default. 1. — ^If at the return of any processor rule of this Court, [the Defendant thereupon shall personally appear in Courts ito defend "any action, suit or rule, against him brought, he [shall at the time of such appearance make an Election of Do- licile in the town of Montreal, and which shall be consider- as his place of legal residence to all intents and purposes. / >, \*t^' ii \ I respecting and during the prosecution or the said action, rul^g or proceeding. 2.— -And where any Defendant may fail to elect such do* mlcile, the PlaintiflFmay proceed in the cause, by a regulai service of rules and other legal acts, upon the Defendant, iiJ the Prothonotary*8 Office, as his legal domicile and place of residehcie. 3.— The above I'ule for the Election of domicile shall alsc extend to all Defendants who may personally take upoi them the defence of any suit, in any stage of a cause, aJftex the returii of process. -4.-^That in atl causes where a return of service be made on any process of summons, and the Defendant may not per- sonally, nor by an Attorney, have duly entered an appearJ ance on the return day of such prdcess, and during the sit- ting of the Court, the Prothonotary do, immediately aherj the rising of the Court, on the respective days of return, en-] ter on such process a note of such non-appearance or default^ and in 6very case where such default may be so entered, the PlaintiiF may, on the third day of the Court, after said re- turn day, move that the Defendant may be called for his appearance ; and failing to appear, a judgment ot defaultl may conclusively be entered, and the merits of the Plaintiflf's demand be examined, heard and adjudged upon ex parte, atj such day as may be appointed for that purpose. 5. — It is ordered that every Attorney employed to appeal for any person, m any suit in this Court, do enter such ap-! pearance immediately after the opening of the Court, at the! return day of the process, find that in every case where no! such appearance may be entered, the Prothonotary do cause the Defendant, or person bound to appear, to be called pre- vious tomakingthe default directed by the Rules of the Court' in such case made. ., SECTION VI!. Concernitig Attotnies, and of their Prosecuting and Defending Causes^ 1. — It is ordered that no Attorney shall sign any writ,* process or declaration, nor appear for, nor defend any per- .^=if---V<~,^._-^, it' '''"*«.:_ J efending Causesj in thkr Cdurt, ir^^ess he'may be thereto duly authorised. [.—That any Attorney who may accept a warrant to ap- shall duly make appearance for such party; and mU neglecting so to do, shall be liable to be suspended from loll and Practice of an Attorney of this Court. Noc any 'Attorney be received to countermanded aiid with- such appearance without due notice to his client, and of the Court. \jt L— That no person, without a rule of this Court, or an fr of a Judge, and after due notice of the same to the ad« |e party or his Attorney, shall be admitted to change^ T or withdraw his Attorney in the cause, or fi ji*#i- Of V L— And every Attorney who may be substituted in the |eof any other, for the charee and conduct of any party cause, shall, at his peril, tauke notice of, and be bound kU rules and proceedings to which the former Attorney for would have been liable, had he continued as Attor- [in the cause. L"— That an Attorney who shall appear for any party in a I in this Court, shall be held and taken to be the Attorney iich party, in all matters and proceedings «^ whatsoever, iteral and incidenta) to such suit, as well after as before judgement. This Rule, however, shall not be held to ^nd to such proceedings, after judgement, as by special may require personal notice to a Defendant on a judg«> ^t obtained, as ruler nisi for renewing a writ of execution, the like. L— That no Attorney of this Court, upon pain of being ^dieted and struck from the Roll of Attomies, do per- lit any one to practice in his name. — ^That no Barrister, Attorney, Prothonotary, Crier, [iff or Sheriff^t Officer, shall be Bail in any action or suit brought, or that may be depending in this Court. L — ^That every Barrister, Advocate or Attorney, who be in practice in this Court, and not having absented iself for twelve months, and all the several Officers of Court, shall respectively be held and considered as per- illy present, to answer every legal claim, suit, and de- id that may be preferred against either of them by any n *■«■ "^^1 .IIIIH ■■! to pfeytdn tirhonttdever ; ^nd shall be bound to iMret* nine, without the service of proccits of summon^, re^ ring an appearance to answer any such demand i the co of proceedings being, in every other re8pect» conformi according to the general rules of practice. O.-^lliat no Barrister or Attorney, who shall be le( dismissed or sui^iended from practice, in any of his Mt]t Courts of Law, shall be admitted to practice in this Coij vntU such Barristet at Attomt^jr shall jbave been readmit to practice hi the Court |n which he hath been so Cir auspended ht>m practice. 10.— It is ordered that no person who by any contra( vmting shall hereafter become bound to serve a Clerkship irequired by Jaw to entitle him to be admitted as a Bani or Attorney in his Majesty's Courts of Law in this Provii riiall be examined upon any reference made to the Judgei this Court, unless the Indenture or other writing contt such contract shall be registered within three months the date thereof fn the office of the Prothonotaries of the i Court in a Register to be kept for that purpose, nor shall person to be examined in consequence of any such refereij in order to be admitted as a Barrister or Attorney as afa aaid or as a Notary Public until notice of the time and plac^ such examination, and the name of the person to be exai ed, shaH have been affixed npon the princi[>al door of Court House of this district, where public notices are usuti affixed, and shall there have remained for and during the spj of one week, and that no such examination shall be had til (in the case of an applicatio'n to be admitted as a Barris or Attorney) an affidavit of the person to be examined orl the Barrister, Attorney 'Clerk or Prothonotary to whoml was bound, shall be made and filed to the following eff«j viz : that according to the hitent and meaning of the ~ vincial Ordinance, 25th .(^reo. Ill, chap. 4th, be hath J!de served a regular and continued Clerkship for and dui the space of five years, under a contract in writing (to I thereunto annexed) for that purpose made and entered ii{ with some Advocate or Attorney duly admitted and pi sing in the Courts of Civil Judicature in this Province or| some other part of his Majesty's dominions or with sc i '■n: *-■ n tk or tiegistct of seme Coart of King's itnch w Comt ippeab urithin this Province, for and duriag tile space of Hears, or that such person hath been already called to the It or entitled so to be and to practise as an Advocate or >mey in ccme Coart of Civil Jtvisdictioh within somt i of bis Majesty's dominions. ind in the case of any application to be admitted as a No> [, **tbat he hath brma /Me served a regular and continut^d rkship, for and during the space of five years under a ^ract in wriiing (to be thereunto annexed) lor that puiw made and entered into with some Notary cjuty cemmis- and appointed, and practising as such*' shtfll hsve duly ir^de and delivered to the Justice or Justices bfl^ whom such examination shall be had. [l.— That no Barrister or Attorney shall hereafter be ad* ' to practice in this Court until in addition to the state he shall have taken and subscribed upon a KoH to bO by the Prothonotharies of this Court for that purpotCji [Ipllowing Oath :— .-» ."W^ ?^ ijih .•-■^ f*i boMU a4 reipondfimluair-Qf Snecial Bful^Qf S^nrt^94ff (m if f)ebtort-— Detention in Prixon, [.— 'Ir is ordered that every plaintiff or hia Attorney, who I' obtain the Jlat of any Judge of this Comt for a writ of }\asad ^espondendunit or seizure of goods by attachment^ Saisie rettndicaiion shaU at the .time of applying to the Mhonotary for process thereupon, exhibit and nle the af> kvit upon which the said fiat was obtained. And that no Khonotary, of this Court do presume to grant ai^y writ of pias ad resfondsndum or attachment, um^ tl^e affidifk i^ ■vhMN h\ Ifi ^foresaiil shall be filed of record. And icvery defendanti be entitled to a copy of such affidavit of record as afore 2.-- That upon every Capias or process (t4 responded •upon which bail is required, or upon an order of taitie Attachment, vihcn the goods attached may be legally claii and retained, or repossessed, upon giving security, the .tomey or peirson obtaining such writ, shall indorse upon! said writ or process, that the same hath been obtained u|| .affidavit, and the amount of the sum sworn to, for wl .bail or security should be required, in the form foUowiij « issued upon the affidavit o f (expressing t/ie n/?me,)| ** the sum of — — (expressing the same in words.)** such indorsement shall be signed by the Attorney, by wh| ministry (or Plaintiff, if by him personally obtained,) the i writ or process may have issued. 3. — And it is ordered that no such process, requiring personal arrest of the body or an attachment of goods, ,be executed, unless there be thereon the indorsement at mmtioned. 4. — ^That whensoever any person arrested i: pon a CJapia respondendum or attachment, may be desirous t6 enter 'cial bail, the same shall be taken, if in Term time,' in o| Court, after due notice of two full days, or forty-eight hoi to the plaintiff or his Attorney in the cause ; in which not| shall be expressed then^mesof the Bail proposed, their: pective occupations and place of abode, to the end that I plaintiff may, at the time of putting in such bail, require | persons, so becoming bail to justify upon their sufHciencyj answer the debt and costs, in case the .defendant shall fail] . the action. And that every plaintiff who shall neglect to quire such justification,^ at the time the bail may be so putl under notice as aforesaid, shall not, it any future period, [ permitted to require justification. t,!lf» »3.i*'* 5.-— That any person, under arrest ks aforc$aud, may rjng vacation, after the first Terui, or during the vacation any future Term, (if the plaintiff's cause be not ripe for juf xQent, and under diUbere at such period) be permitted to I ter special bail, and justify upon the same, before any twcj the Judges of this Court, under and conformable to tbe[ sent rules of practice for notice in putting in and the jus^ '**!•■. . . I " ii ' i **lfS^.f ii t a,^ \ '^9 , \ of special bail.. And upon perfecting special bail at ^id, the defendant so under arrest, may be liberated ) the same, by the order of any two of the Judges afore* kr»And whereas, by the rules of practice every defen- is bound to plead within certain limited periods, it is or- , that every defendant, arrested on a writ of Capias>«rif tdtndwn or attkchmcnt, and in custody, shall be bound plead, according to the rules of this Court, whether spe> bail be put in or not, and that no delay in the cause be by reason of putting in bail or justification, as above N— That whensoever any person may be arrested upon a |t o^ Capias or attachment and shall be committed to ^zoX [want of bail, either for appearance or of special bail to faction, such person so arrested and committed by the riff (or Coroner where the Sheriff cannot legally serve [process) shall remain in custody until he may find special in the action. And where he may not find special bail \r such commitment, until two days, exclusively, after the intiff may legally have and obtain a writ of Capias ad satis* )iendum, whereupon he may charge the person so commit- ]with such judgment as the plaintiff may obtain. . — And it is further ordered, that whensoever any person ;sted upon Capias ad respondendum or attachment, shall special bail, and be afterwards surrendered in discharge ^he same ; the person so surrendered, and in custody, shall remain in prison^ under such surrender, longer than two IS after judgment shall be recovered agaipst thie debtor ; upon which a Capias ad satisfaciendum, might legally be (of which the Term when judgment may be given shall [accounted one) utiless the plaintiff shall lodge with the ?riff a writ of Ca. Sa, whereby the body of the debtor be charged and detained. < Of surrender of a Debtor in discharge of Bail, SfC, . , II.— It is ordered that whenever the Sheriff shall take Sail the appearance of the party arrested, upon Writ of Capiat respondendum'this return upon such writ shull ^bdfy th^ 4 5 i'' u » Itkiag of z\K;h ba!!, that the plaindiF niaif fom^ a: iouive thereon. S.ip^And ia cue the party to admitted |o huk do >o» pear on the dav of the return of the writ, the plaintiff i be entitled to demand and obtain from the Sheriff an ment of the bail bound for such course thereon at he rnayl advised. 9.-«>'That such asngnment of:heba»I bond shall not tonsidered, as exonerating the Sheriff, if it shall appear the bail by him taken was not at the time of taking the sai sufficient to secure to the plaintiff the rights by him ted, under such writ of Capias. I 4.-9That the defendant arrested under a writ of Cat ad retpondendum, may surrender himself or be surrc ed by his bail, at any time previous to an assignment of tlj boil bond, and the bait be thereupon discharged. 5..j.- IK L^^tt fi ordered that fn €f^ cdise Whef6 1 |>1aintiiF ititf special drcumstances of Tl>rt» Trespate, personal inju^ to bim done by the defendanti apply for a Capias ad tdemlum to hold Mich defendant to special bail in thft eounto of proceedings thereupon, he shall by his afSda^ )n that respect to be made over aiid ftbbve sVearin]!^ to a eise stfm oi damages sustained, be bound in the said afli'- |it, ftiily to iBtate th« several grounds and circumstaitces of t Torts or personal injury and da'mages In brdef that ihh . je taking! such affidavit may in his discretbn make such tr for bad as to him may appesuT reasonable from the cir. stances offsets deposed to or any lesser sum, if any such for bail may be reasonable to be made thereupon ; and lout stteh special grounds be stated as aforesaid for Torts ersonal injuries to be granted as aforesaid. |o— In as much as it is neceelsary that a potitive Oath t6 fezbtence ot a debt should be made to entitle a party to an critr for a Capias tfttf respondendum ; It is ordered ' in every case where an Attorney ad vegoUa^ for any per- absent from this province may make Oath to a debt by frence to document upon which any such debt is presu- d to arise to the constituent and be due at the period of rapplicatibn for such snit, the said affidavit shall be accom- ^ied by an Oath made by the Creditor, his Book-keeper oi: before a Judge of some Court 'of Record competent x<^ nVe such Oath, and if in 'Great Britain, such Oath to bfe ie in conformity to the Statute in such case made and kvided^ and to the existence of such debt, and without pch no wit of Capias ad respondendum shall be hereafter ited on the Oath of an Attorney ad negoUa^ "(i^ho cannot rively swear to the debt due to the Plaintiff* at th6 time of dng such Oath as aforesaid. «••--*•• • ^ - «. , - i _. ... . . ^■ ■^.wl ■ ■ '^' i> ■■ ^ ■ ^^- SECTION IX. ISeeuritif/or Costs by persons prosecuting SuitSt SfC. nho are not re» stdent within this Province. p.— It is ordered that in e-'ery case where any personfnot idem within this province, may prosecute any original or in- '::i.. iFinstiii ■.I (I a { i V ly li f [ r. 16 dentd demand or claim, bj int«rvealiaa^d^^tali,1i#< DC l^ound within two daya after the same may be caiendi Coun, to give security for cocta, if a modoii may be a for that purpoae, to answer the opposite party's costs, if i plaintiff or claimant should fiul to make good his deinand.| ti'F^And that every party legally entitled so to move* sh obtaii^ as of right, an order for security, bdnc duly enter within two days after such motion ; and on nilure the that the action, claim, demand or opposition aforesaid, be dismiued with costs. 3.— And it is further ordered that every persot who be entitled to such security for costs, shall be bound to n therefore, within the period of four days from the entry J the action or claim aforesaid ; otherwise he shall be held a considered as having waived and relinquished hb right to purity lor costs as aforesaid. „ ,. _ ^ . . ,,. . ._ . - VI f. - SECTION X. ^ Of Declarations and Pkadimgi therdo rtti^ng. That the respective parties in every suit do state, w3 clearness and precision, the nature and grounds of the if mand or action, and the defence thereto. And that in i answers, pleas or replications to be made in the suit, cular attention be given to avoid a departure from the objund to do the same previous to his making his plea or lication as the case may be. And that in any case when rty may plead to a declaration whereon exhibits are of- 1, he shall thereafter be foreclosed making an inscription lus ; and so if the plaintiff shall reply to the defendant's wherein exhibits are filed,he shall be foreclosed as afore- Provided always that this rule shall not deprive any [y from making an inscription enjaur, against any act or iment offered in evidence subsequent to the plea or re« lation, as aforesaid, if such inscription be made previous ,*««^' 20 to setting the cause down for evidence, on the Role d'Zfj qiiite^ or an appointment to be heard on matters of lawj issue between the parties and not otherwise. • - - 9.— That in all cases when the writ of process ad resj. dendum may not be made returnable and returned on the fij day of any term the defendant shall not be bound to file plea in any such action until fifteen days after the return I process may be made, and thtn accoraingto the practice this Court, as if the said writ, summons or process had be made returnable on the first day of any Term, and in casetj above delay for pleading shall extend beyond the sitting the Court in term, 'hen the same sha'l be regulated accon ing to the !9rh section of the Rules of Practice, 10. — Whereas the practice of filing general pleas upon pli( demands under an ac e anthenln/t4f ^which require |f6 evider on the part of the plaintiff and the defendant under such neral plea claiming a right of Enqvete^ or proof has been tended with great delays,— It is ordered that whensoevej plaintiff may prosecute an action upon any nctv authentK^ and upon which action no verbal testimony may be requisi to support the plainriflPs demand, that evt ry plea to the rits of the plaintifPs action i«hall contain the specific groui to be set up in pro:if t •» lessen or exonerate and dischar| the defendant from such demand^ and upon which spec! grounds evidence may be hgally adduced, and that failil such specific grounds of defence, the plaintiff may of right i down the cause on the Diary or Hnle de Droft for hearinl and judgment on the merits without proceeding to set tl cause down on the l>iarv or liofe d*Lnijuile tor proof pn vious to such hearing on the merits. 1 1 . — It is ordered that -previous' to the filing of any plc^ exception, replication, demurrer or other pleading, the A tomey or party off ring the lame do enter and inscribe il| same on thr^ list of exhibits as being so filed in such caus^ and thereon specify the day of such exhibit being so filed; and failing ^o to do that no such plea or pleading shall be ceived or emered on the record in the cause, but rejected, proceedmgs had as if no such plea or pleading as aforesa had been made or offered on the part of the party movin the same. fc^iT-.\iJCf..rf*. ' T'-^tt?^'"^*''' ' >***'^"**>"»'»i'--'- -'-'•■*(y|Fl-' '■*••*-'•♦*■*■*-.-♦,■.**». 21 bt in case a defendant donot file a plea >vithln the periods sd by the Rules of Practice, he shall be considered to default, and the plaintiff shall be thereupon entitled to ped ex parte against him and to fix his cause by motion )urt for such day as he shall see fit, either for adduction Idence or for such other proceeding as circumstances require, . ; . - i f Ik SECTION XII. Of R^lications. -That the plaintiff do, -within three days after the de- int may have filed and duly served the plaintiff with lea to the merits, or exception jpcrew/jp/oire aujond^ file ^pUcation, or such other plea as legally he hath right to and do on the same day make due service thereof, |rwise he shall be foreclosed from filing any such replica- )r plea. •And it is permitted to the plaintiff, at the time of duly L and serving a copy of such replication, to file such jer documents and writings, which the defendant's plea [have made requisite, and that were not referred to by }laintiff's declaration, or incumbent on him to file there- and whereon the said replication may be grounded ; of writings a certified statement shall be made on the [ti£P's list of exhibits, already filed in the cause, conform- I to the Rules of Practice. 1 SECTION XIII. . Of Incidental Demands. , — ^That every incidental demand shall be deemed and In to be a distinct action from the demand in chief, and not be permitted in any respect to delay the proceedings e plaintiff on his demand in chief, against which the in- tal plaintiff* may by his plea set up a cross demand. Pro- m £, ■ \ vided always that nothing in this rule shall extend or be i strued to extend to any matter of reconvention or com|| sation which shall amount to, and be pleaded as a defenc) the demand in chief. 2»— That when any incidental party may have sevi grounds of demand, he shall state and prefer the sjamel one and the same pleading ; and at the time of filing the saj shall also file all writings, deeds ^nd acts in his possess or copies thereof, duly certified, upon which the said dental claim or demand may be formed. SECTION XIV. OfJUing Deeds, 8fc. — tohereon any action may be grounded, and of ^ other corroborative 'written evidence. 1. — ^That every plaintiff at, and on the day of the ret of the writ or process, with a declaration annexed, do I in the Prothonotary's office all such deeds, bonds, notes, bi accounts!, documents and writings in his possession (or cog thereof by him or his Attorney certified as such) and ug which the suit or acdon may be grounded, as declared ud to the end that the defendant, under communication ot same, may prepare and make his full defence, and that! plaintiffdo file with all such writings a certified Va thereof,j whereon such documents or exhibits shall be ascertained, a correct reference to the nature and dates thereof, and re larly numbered, and that failing such reference, by wli the exhibits aforesaid may be ascertained, they shall notf held and taken as part of the record in the cause, and that j list be offered or hied but when it is to accompany and asc| tain papers to be adduced iaevidence.— And where copies any exhibits so certified as aforesaid shall have been filed I a plaintiff with his declaration or replication, or by a def^ dant with his plea, the original of every such exhibit slij be produced and hied in this cause, and the copy withdral previous to the hearing of the cause on the merits or on sif point in regard of which such exhibit hath been filed and f| ing so to do, such originals shall not afterwards \>q recei| or permitted to be filed in the causey -That on ihp day of the return of any writ or process^ ig out of this Court, at the instance and on behalf of any )n, not resident within this province, the Attorney suing kuch writ or process, do file with the Prothonotary of this rt, the power or authority under which such writ and s may have been sued out, and insert and describe such in the list of exhibits to be filed in the cause ; or on the day aforesaid do move the Court on the special grounds \t being able to file such power or authority, in order to a further day for filing the same. And failing to file icient power or authority for prosecuting the action a- an absentee, on such day as may .be appointed by the that no proceeding shall be had or obtained against* tefendant in such action. -That the plaintiff, in any suit before this Court, who jossess any corroborative written evidence relative to femand or defence thereto, and which were not in hfs sion at the time of ' first filing his exhibits, may, upon >roof being made, appear at any time previous to set- the cause do vn for trial, whether on an is^ueat law or ^cts, be permitted to file all such corroborative written lents as may relate to, and be connected with the mat- dispute between the parties. And that a list of such lents and writings be indorsed upon, or annexed to the jiff's list of exhibits filed in such cause, and in the man- is in the first articles of this rule above directed. SECTION XV. Of Withdratoing Exhibits. -It is ordered that the Prothonotaries of this Court do any case, where final judgment may be made, grant Ig the Term or silting of this Court, to any party in loch suit, or his Attorney, any exhibit or paper filed as Ince therein, unless under the express order of this Court Ifore J nor shall anyjparty interested obtain any such ex- Ir ii ( / 24 Iilbit in Term time, unless he shall have duly served oni other party or parties concerned in the records of suchl tion, a notice of the intended application, and to shew c( why the sa.ne should not be withdrawn from the recorc this Court, and delivered to the party so requiring the sa 2.— And if any application be made during tho vacatio withdraw any exhibit or paper filed in evidence in any cal the same shall not be granted, unless by the order of twJ the Judges of this Court, and after due notice to the advj party interested therein, of such application to shew caua the contrary, if any they may have. And if the applica be granted, a true copy of such exhibit or paper, authJ cated by the Prothonotary of this Court, shall be filed od cord before the paper applied for shall be withdrawn. 3. — That no exhibit shall be withdrawn from a record] which execution may bt issued, as directed by the rule issuing executions. — Hect. 35, 3. v^ SECTION XVI. ' Of Communication of Writings filed in any cause to be offered in evid\ 1 . — ^That it be clearly understood, and it is hereby o\ red, that every party in Court entitled to communicatiorl papers, documents or writings filed conformably to the rl of this Court, do apply to the Proihonotary's office fori same, as a matter of right, and without special motion orj plication to the Court for that purpose; and that all suchjl ties may receive the said communication of papers as afJ said, upon lodging a list and receipt at the said office for! writings so f^Ied and taken in communication. And that party so receiving the same shall be entitled to hold the i writings so long and until the period he may, by the ordij ry rules of practice, be bound to file his defence, replicaij or other plea, and no longer. 2. — It is however, expressly provided and directed, tl no act sous seing prize, or original paper writings of any ('* eription whatsoever, upon which an action or defence li "aTCM 2^ le or founded, shall be removed or taketl possession of imunication from the Prothonotary's office, for any >r pretence \ehkitsoever< i !.•.,_/»■«-'■ • to be offered in evid n 3i SECTION xvm * ' 6f Accords. -.?.-■ o; )lkh mahy of the Recoiids of this Cdiirt have, at different period^ I taken from the oKce of thje Prothonptary, contrary to the express 1 of Practice and to the repeated orders in that respect, verbal- j>re8sed by the Court ; and. such a practice, if suffered to conti- [must be attended, not only with delays, vexations, and of serious ^uehcettf tiie parties interested, but may, in a highly criminal obstruct the adtninisttatitfh of justice i-i— Ut is therefore ordered, that any Attorney or Advd- IF this Court, who by Himself, or through the ministry [clerk or other person, shall take or withdraw from the ')f the Frothonotary any pleading, exhibit or paper filed cause', or any part of a record in any cause, contrary 16th Section of the general Rules of Practice for tak- imunication of wHtmgs, filed and to be offered in |:ce, shall be considered as having committed a con- of this Court, and the same be proceeded upon accor- -And it is further ordered that no Frothonotary of this do presume to deliver, or suffer or permit the record, part of the record in any cause, deposited in his of- b be withdrawn therefrom, either by himself or through Vnistry of any clerk or person he may entrust with the By thereof, except to any of the Judged of this Court, [any of the Attornies thereof, conformable to the l6th of the Rules of Practice, in that respect, made for inication of writings, &c. upon the penalties attached open contempt of this Court, and in violation of the reposed in the discharge of his official duties. !1 4 i ' f • E «d SECTION XVIli. , ..>n:f| '{ Of Inttrvention. It is ordered, that whensoever any person legally ha rights to sustain, and who may be desirous to intervenJ become a party in any suit that may be pending in this ' ihe same shall be moved in the manner herem aftev exi sed, and previous to the cause being finally heard.— ^ 1.—- That the party intervenant, shall file a RtquSte i iervention, which shall contain the grounds of the de and several rights which are intended to be alledged ; tained in the cause, and in respect to the party beford Court in suit. 2. — That the said Requite shall also contain all iuch| elusions or claims as the party, plaintiff en intervenUc have or intend to make in the said cause, to the end tli gal issues may be taken upon the same, and the origina proceed without delay. " ^1 v, S.— That the said plaintiff en intervention shall file id Prothonotary's office, (on the day ordered upon such Ri for the party's appearance to the same,) all such writing documents in his possession whereon the demand made. ■ '-;? •' '• '- /, 4.-^That any party intervening ais aforesaid, shall, day of filing the intervention, give due notice thereof the several parties in the cause, to the end that due cij may be taken thereupon, without delay. 5. — That all and every further proceeding upon any i vention, as aforesaid, whether on exception or plea tij merits of the same, and the issues thereon to, be taken,! the filing of all writings, exhibits or documents, touij the respective interest of the parties, shall be moved, and done, conformable to the genc:> a! Rules of Practiil this Court on original actions. 6. — That whensoever a Requite en intervention ma^ made by the party interested, and not by an Attorney S 2? L such party shall at the time of making such Requite, lerein and previous to an order thereon £ot an a^ppea- fix and elect a domicile, where course may be taken ful respecting the same. , -.„ +.11,. ( •.%^Li.\ .'j-V? J ^^' SECTION XIX. Of Pleas and Issues to be formed during vacationm ordered, that in all cases where a plaintiff or defen- rouldj by the present Rules of Practice, be bound to ifter appearance, and during the sitting of this Court, ty shall be equally, and in the same manner, bound during the several vacations and out of Term. But ich as a further time may be allowed for filing such ■spectivelys tea. days are grated to the respective par* duly filing any plea or replication, of what nature [, during the vacations after Februa^ry and April terms; renty days after the vacatitm of June and October terms, le like delay is granted for filing the several exhibits, ich plea or replication, as are directed or permitted by lies of Practice of this Court. And that these rules ^uaily extend and be applied to all cases of of^positions. rvention. . , , , , I. ;-.,,. >/» (-•■ ■ ' r,-.- '^ p* • - •-.r-' • ■■•..7-i'X<^r.,f''^ SECTION XX. ^;,i }g Declarations, Sfc.~-On Evocation of Causes from, the inferior Term. !AS it may be necessary, in every case, wh^re the'evocation or il of any cause may be made and admitted from the jurisdic- iof the inferior to that of the superior Term of this Court, that plaintiff should more spieciaUy set forth the cause of action than is cribcd by the Rules of Practice, on ordinary process and proceed- before the said inferior Term. ■ i- ' . lis therefore granted and ordered, that the plaintiff shall three days inclusive from the allowance of such evo* \r\ r--' Oition or exception, file vnth the Prothonotary a declai containing the special grounds of his case and demand,! therewith file all such documents, \mting8 and evi' whereon such declaration may be grounded ; and tl defendant and plaintiff shall then after conform to the of Practice for filing pleas or exhibits, and bringing thei to issue, hearing and judgment* SECTION XXI. « Of General Rules for Pleading, and of other Proceedings, 1. — It is ordered that the Rules of this Court, dire the filing of pleadings, writings, or papers of what ni soever, be stnctly conformed to, as peremptory rules i in every cause ip. court, and that a neglect of the same be considered as a default, aiid wilft^l d^bedieace to rules ofthis Court. -^ v*--:/! t . 2.— That every rule of this Court, made in the pre of the parties, or their Attomies in Court, shall be consf ed as sufficiently notified, without the service of any rule or order being requisite to enforce the sam^ S.-o'And whereas particular circumstances and cases i at times, require an enlargement of the rules of this Co the same (upon sufficient cause shewn) will only be gra where application may be made, one day at least, prev to the expiration pf suc^i rules. 4. — And upon every groundless application for the enla m^t of any rule, the pa^ty applying shall, at the taxatio costs in the suit, be adjudged upon all such dilatory prod ings, to pay full costs. 5.— ^That all pleadings, notice, rules, orders and ju ments,- and all other matters and proceedings, of which ^ vice is or shall be required, upon any party in any suitr pending in this Court, shall be served upon the Attomej^ iiiemy who shall have appeared in this Court for such pa And in default of such appearance by Attorney, shall be I ved at the elected domicile of such party, if he may have) m :-'\> ' V i other Proceedings, fi9 id personally ; those instances excepted in whkh penor ervice upon such party, is by Law or any Rule of Prac- [or any special order made in the suit, required &dh'ected. -That all proceedings upon >R^rits of Certiorari^ Pro- Mandamus, Quo fVarranio and Habeas Corpus, ipon each of them respectively, be in all things similar ke proceedings, upon such writs, in his Majesty's Court Ling's Bench in England, in Westminster Ilall. -'1 hat all Rules and Orders for the conduct and regu< of any Attorney or Counsel of this Court, in any cause ^n depending, shall extend to the party in such case per- lly appearing ; and where no appearance by Attorney have been entered on behalf of such party, be Rules Orders for the conduct and regulation in every respect, |ch party so personally appearing. -That every order of any Judge of this Court, which >e obtained in vacation^ shall be subject to an appeal to ^ourt, and the validity thereof impeded, by moving the to set aside the same, or to set aside the proceeding;; have been had under it. Provided, that any such or- rhich may be made with consent or otherwise acquiesced lall be as valid as any act of this Court. -That all order and rules for the conduct and regulation ^e Sheriff in the execution of his duty, or any part thereof . extend to the Coroner, in all cases in which, from any whatever such duty or any part thereof, shall or ought executed by him. >. — That no paper of any description shall be received [led in any cause, by the Prothonotary of this Court, un- the same be regularly docketed, with the title and num- >f the cause, and the general description of such paper, [the declaration and pleas, alphabetically marked in their >lar order. k — ^That all writs and process of this Court shall be tes.- >n the day on which such writ or process shall issue. J. — That a point of practice settled by a judgment of Court, and entered on the Prothonotary 's book of lies of Practice," shall not be reargued. '/ I il Vf I ■ IS*— That no reference to arbitrest or reports, or reference of any description, shall be made by rule or or of this Court, or entered by consent or otherwise, in; case before the issue or issues in such case shall be perfect(| and then only of the matters to which such issue shall rel 14.— That no writing or written conclusion be prefer to, or received by this Court, upon any Rule NiaL, or u|| any report of Arbitres, Experts, or Pracliciens, norj issue in writing be raised thereon. The validity of every sJ report or rule Nisi will be verbally heard on the respeca motions taken in due course, by the parties interested, ui specially otherwise ordered by this Court. 15.— •That on the hearing of any motion, plea or incidf tal matter, or on the trial or merits c ^ any cause, no mi than two Counsel shall, be heard ijci <>pening or in ans\ and only one in reply. And that a witness shall be examined: by one Counsel no mor^, and cross-examined by one Counsel and no mor 16.— That every affidavit or certificate of a bailiff, of; vice of any pleading, notice, rule, order, interlocutory juJ ment, subpoena, or other matters, shall particularly descr the manner, place and ho^'f of service y otherwise the shall not be received or filed. And if mm such affidavit] certificate it shall appear, that such service was made upon Sunday or Holiday, or upon any other day, before the T of six in the morning or after the hour of eight in the ev ing, such service shall be held and taken to be null and vo to all intents and purposes whatsoever, q. 1 7* — ^That in all computations of time, or delay grad upon the service of any writ, summons, rule, order, nod or judgment of this Court, and generally upon all procea ings whatsoever, not otherwise particularly provided for, day on which such writ, summons, rule, order or judgm^ shall be made, or upon which service of any such writ, ru* order, notice, judgment or other proceeding may be perfc ed, shall not be reckoned or accounted to be one, but ev£ other day to which such computation of time shall ren (Sundays and Holydays not excepted, unless the expirac of time should occasion the rule to expire on a Sunday M-* *lW»i SI Jay, in which case an enlargment of time shall be made je next day) shall be accounted to be one, and that no Eions of time shall, in any such computation, be made or ' ed. , — ^That in every case where, by the Rules of Practice, -' is to be performed at a particular period, with refc- „ to the records of :his Court, the same shall be done, le office of the Prothonotary, within the Office hours ap- \edi and at no other time. . ■ 1 '■ TU/lv ' u: .r tj- SECTION XXIIw^ ■f • . |« .5*; lYi':! • , I rr! ' i/.' '• ' it >iH * .1 * ' Ctf Trial ftf Causes at Jssm, i - ; l\. ' c ;■> ••That a roll and general list of all causes be kept by 'rothonotary, including as well causes continued as newly instituted, expressing the time issuing and of [>n of the original writ or process, the number of the the names of the parties, and those of the Attor- ippearing for each party ; also that the nature of the de- be expressed, and a blank column left for noting pro- lings thereon had. i— That another roll or list of causes shall be made by *rothonotary, to be used as a diary in each term for setting all causes for hearing, whether on matters ,of law or by Jury, or on Enquete and examination of witnesses, ^e same may be severally appointed. On which list ^ali ^pressed the number of the cause, the names of the par- md of their several Attornies, and the order or intent of appointment for hearing. And which entry shall be blusive against the parties and their Attornies. I — That the Prothonotary shall prepare and keep a sepa- : and distinct roll or list of causes for Engnile and the iiination of witnesses, as well of Enqu^ie to be had in », as out of Terra, and wherein entries may be made of leedings had thereupon. And the said entries shall be In as conclusive against the parties and their Attornies. r ■\ I at n it . 3» SECTION XXItl. Of Motums and hearing thereon. / ' r i.— That every motion to be made in any cause, 8hall^K-( impressed in writins, and si^ed by the Advocate or the ^y applying to the Court, and be delivered to the Proth tary before moving oF, or hearing the same \ nor shall motion be heard, unless for a rule to shew cause or motj for judgment, or default of appearance, or neglect to pl« or disobedience to any riite or order or interlocutory ji tnent, until due notice, of at least one day, shall have first ^ven to the adverse party or his Attorney. 2.— That all motions for enlargement of rules, or to slj icause, shall be mftde and heard at every sitting of the Coi| prior to the trial of any cause on issue joined. 3. — ^That the service of any notice of motion, to i>e he &t a succeeding day, shall be deemed regularly served if I same belnade dunhg the utting of the Court on the day ceeding tue hearing so notified. 4.^— That no motion for judgment ujion the veirdict otj Jury shall be made or reteived until after the expiration| four day? in Term, from the day on which such verdict \ have been recorded. 5.— That if any tnatter be mbved in Court in presend the Attomies, or Counsel of the parties, and the Co thereupon shall make a rule, the saihe shall not again| moved contrary to such rule. 6.— That a motion iwhich cannot be decideil, unless rule oi* order, by whicK the merits of the case will be decided, shall not be allowed. ^ ' 101 \> \-\ U ■'■'S' '• .;) SECTION XXIV. (if Heating on Lm) Issues, That whensoever any law issue may be formed in CI cause, as a temporary or perpetual Bar to the plaintiff's 8d ind such cause be regularly Inscribed on the diary for _ en droit, the same shall coioe on to be heard on the ipointed» unless ^ood cause be shewn to the contrary. I the plaihtiii shall not appear, or not shew eood cause |y the hearing so appointed, and the defendant be rea- Voceed» the plaintiff's action shall be dismissed, with >the defendant, if the conclusions taken bv the defen- Kxceptions be so made as to warrant such judgment, the plaintiff's shall Appear and be ready to proceed, defendant raising such issue shall hot appear, or not ly to proceed, or not she# good caYtse \o the contrary, ^tain a further day to be heard, his plea in Bar to the 's action, whether temporary or perpetual, shall b6 :d with costs to the plaintiff, Who may forthwith pro- due course to judgment on his prmcipal demand, ill the defendant be entitled to further notice, or ro ny further proceedings in the cause, until he shall lid the plaintiff^s costs, Which may be awai^ded as be* M. SECTION XXV. / iion to anjf Inierlocvctory, Order or Judgment of this Courtt in by an OhUnaitee passed in the 27th year of hifl Majesty's chapter 4. It is enacted that whenever the opinion of any Court fommon Pleas may be pronounced upon any law, usage, or cus- 9f this tVovince, and that any party may conceive the same to bo I injury, he shall be allowed to make an exception to the suid opi- to be preserved in the minutes ot the said Court, and which said I that respect is extended to the government and proceedings in !)ourt. It is ordered, that, in every case where such exception legally be admissible, the party making the same shall deliver the ^ during the sitting of the Court, or at the Prothonotary's nitice, course of the day on which the opinion or judgment ot the Court )e given, and against which such exception may be raised. And lany exception which may be offered, at any future day, shall not Weived nor entered on the Records of this Court. - . *^ ♦ , 41 S4 BECTION XXVl. .. I I ^ (If Exceptions to the regularity of service of Process, and Aj^avitA on, and of exceptions to the regularity of filing Exhibits fi\ Iciency. ' In order to prevent delays and expences occasione issues raised on exceptions to the regularity of suing ouj service of process, and of written exceptions or pleac" the regularity, or sufficiency of exhibits and matters oi{ dence filed of record. . » 1.— it is ordered that no writing by way of pica or tion shall hereafter be allowed to the form, service, orj matters regarding the regularity or sufficiency of any| mons, writ or process that may be Issued out of this nor to any affidavit that may be made for obtaining any! writ or process, but that every alledged defect, or irre| rity respecting the same, shall be declared, heard, judged upon motion, and not otherwise. 2. — And that only on the day of the return of such pr or at the day allowed by law for taking ofi^ a default, wise the supposed defect shall be deemed to be waived. I shall any matter concerning the sufficiency or regula any exhibit, filed or to be filed in any cau^e, be maj complained of by a written exception or other pleading] be declared, heard and adjudged upon motion, or len jections at the hearing of the cause, as the party soj jecting may consider to be most advisable, and not wise. SECTION xxvn. Of Witnesses and their Examination, of Evidence and of Enqr, 1. — The Court having taken into consideration the that are liable to be* committed by the allowance for the| poenaing and attendance of any unlimited number of ses whatsoever, in causes brought to issue in this Coun '» ■ P^,,^>i^*-.j>,. ") ;v#V •"'*'■" idence and of Enqti 9^ red that from and after this day In any cause Tvhereui ^es shall be subpoenaed to appear and give evidence in )urt, no allowance whatever on the taxation of costs, of the one party against the other, shall be made for ^aing and attendance of more than six witnesses, (if there shall be) for each issue that may be properly )etween the parties, should there be more than one :a.use. |l o the end, that all the evidence taken in any cause certainly known and established of record. — It is or* lat in all causes where the sum prosecuted for may be [wenty pounds sterling, or where an appeal may lie ^e judgment of this Court, and any depositions of wit- lay be taken, the ]|?rothonotary do "enter on the re- " this Court, except in causes tried by Jury, a regu- )f the names of the witnesses so examined, and the len, their respective depositions were taken, and also do file withthc proceedings in tjtie qause, a certified the same* -.i?/mt.^: i.\^ii : [That in every cause brought to issue in Term time, witnesses may be examined, such examination shall jred for and. appointed \n. Xcra, (if there be a day in w:hich the motion coqld be made) to be heard ^t succeeding vacation, and not otherwise. Lnd that in every cause brought to issue during vaca- [herein witnesses may be examined, such examination ! moved for hearing the next or succeeding Term, and ty failing so to move for the examination of witnesses, bound to give fourteen days notice in Term, on any subsequent to , the period of which the same might sen made for the examination of witnesses on such And in case the party shall after the period aforesaid motion might first have been made after issue joined) )r the examination of witnesses in vacation, no such lation in vacation shall be had until fourteen days after kg a rule for that purpose. hThat no examination of any witness about to depart Svince shall be had or taken m any cause, during any )rsittingof this Court, unless issue be joined on the for matters of fact in controversy between the parties; the examJnatioii of a party on. Fmis vaA ArHcks^ as pi ded by the Rules of Practice, excepted. 6...Nor shall any such examuiation of 9k witness, abov depart the Province, be had or taken in any cause on the| of the defendant, where by the Ryles of Practice, sucbj fendant ought to have pleaded to the merits, and hath done so. Nor shall any such examination of % \eitness be| or taken on the parr of the plaintiff, where by the Rule Practice he should have replied to the defendant's plea, ken issue on the merits, and hath not so done previov his application for the examination of a witness, as afore Ofwrittm 7.— That any party in suit before this Go Evidence in , , ' • ^l • r • • 1 1 ppssession of who may be m the possession of any original •n opposite trmjSient, writine, or document that may relad *' any matter in dispute between the parties r" said, shall, upon duie potice to produce the be bound to appear and produce in this Cc , (subject to its further order respecting the sai such original instruiinent, writing or docum^ and jailing so to do, the party notifying the j sessor as aforesaid may offer legal testimony or lidduce a copy of such original instrument, wiil or document - in evidence in such cause, uif good ca,use be shewn to the contrary. And it is ordered that t|ie notice above sa be served upon any party, or his Attorney in I cause, to produce any writing as aforesaid, be served, sutuect to the delays or periods re tively allowed for the service on instituting tl tion, according to the plape of residence of | party who may possess such writing tO; be pr ced as aforesaid. But that in every cayse wher party may appear by Attorney, the service of si notice for producing any writin? as aforesaid, | be legally and sufficiently served on the Attor appearing for the said par!y in the action, such delay for communication to his client, as I appear reasonable. J X { SI -h. is ordered that after issue may be joined, ler on the merits, or on any collateral point cause, for verification o£ facts alledged, it be comojetent for any. party uniting in such tto obtam an order and set the cause down |e Diary or Rolf d*Enquite, for examination Itnesses. And any party moving for further or a more distant day for such Enquite or unation aforesaid, or the continuance and de- any Enquite already appointed, shall make founds of such motion upon oath, stating in idavit, not only all the causes which have ited or may prevent the witness or witnesses ^ch party from attending, at the day gloved getting down the cause and the periods when j expected that such witness or witnesses may [ble to attendl, but also particularly depose to the party may be able or expect to prove, by testimony of such witness or witnesses, ana in addition to all other matters incidental to affidavit for continuance of an Enquite or And if any affidavit for such continuance ^ot state the above grounds and circunnstan- it shall not be received or argued. tnd it is ordered that no fee or costs shall be ^ed, in taxation of costs, in the cause for such ivit. ^— That every cause regularly set down on the or Roll d*Engu^te, for the examination of sses, whether on the merits of such cause or ly collateral issue joined therein, the hearing I examination of the witnesses shall come on, be had at the day appointed, unless good be shewn to the contrary, and so inscribed le Diary or Roll d*Enqueie by the Court, or kiining Judge. And on the part of the plain- [if no such sufficient cause be shewn, he ^all recluded from a furth(^r day, and upon mo- in Court by the defendant for that purpose, [plaintiff's ^ctioi^ if the examination aforesaid Of setting down causes for trial or > of putting off such trial A £nju£te. The catua when apf)oin- ted for £n- guite shall come on to be beard. wnleu cause be shewn to the contrary. FlaiatSfiTa action shall be dismissed for default in not proceed- ing on tho merits. ', . - i s Ijv ''' If f V ■' I & judgment against the party in do. fault upon collateral is- sues. If defendant be in default plaintiiT may proceed e«-> No witness shall beexQ^- niincd, who Irns not been ' subpoenaed,* or appeared on the first day of tlie Enquete, and so inscribed on the Diary, If a furtlier, day be gran- ted, it shall be couclu- aive, if no cause shewn, ^«nd judg- ment given as direct (id by art. 9, & 10, above. was to have been had on the merits, shall be missed, sauf ^ se pourvoir, with costs to the fendant. And if the examination was to hd been had on any collateral issue, such issue slj be taken and adjudged against the party first dering or raising tlie same with, costs, by rea of his default in not proceeding thereon. 10. — 'And- on the part of the defendant if witnesses shall not attend on the day appointed! examination on the merits, or he be not ready! proceed, unless good cause be shewn for tq non-attendance, and so inscribed on the Diary,| Roll d*JEnquete, by order of the Court or exa ning Judges, he shall be precluded from any ther day for the examination of witnesses, and| plaintiff may proceed tfjr/^orfc. ' 1 1 .— rThat no witness shall be examfned on i part of any party, in a suit, but such as have summoned to appear, or do actually appear, are called at the day first appointed, and (ifi examined) whose names have' been inscribed the Diary for examination. Nor shall any'motj at any future day, be received for the hearing any witnesses in the cause, who may not have so called, and whose name may not have been,! order of the Court or examining Judges, inscrill on the Diary, with permission expressed to be ej mined at a future periqdj or any in Court gii| by the said Judges, for hearing on,the right to( tain such further examination. 12. — ^That if reasonable cause be shewn fori non-attendance of witnesses, on the part of party in a suit, and a further precise day be gr ted for such purpose by the Court or examio^ Judges, and no attendance or examination of nesses should take place at such day, the p taming speci- directed lot the putting oa a trial or JLfi' aicauiie»,&c Noflirth* or third day ot' Enquftte allowed, but on payment of all costs, & the third day shall be ^aii> duuvei ■ '-ffSt ' ' " ? The Enqu*te being open- ed & beguD^ no allegation «ha11 be re- ceived of tlie absence of witaesses. ■ '-'■ ■» » »l ,.,tiWr.l.i iiiTi'i^i r Viliiti'iMtaii- J.^^t.-^ ,^^Aj»,i*i.^ . a I! I t J. ): < I I'l V* « And it dull be in the dis- cretion of the Court or judo gesto direct the cndr* continiiatiun oftiw EnquAte. Subject to paymeAt of costs. and if nosuf- fident cause be shewn for delay, and paiticadonot proceed, ac- tion may be diionissed, as ¥ i £ltber party Buy oppose and prevent « partial exa- mination of Vitnesaes. And there- npon shall be allowed costs of Ills witnes- ■m* attendan- ce. AndnoAir- tlier proceed- ings until tORttbe 16.-~And it shall be in the discretion of i Court or the Judges attending, to make such quete^ under the special circumstances of the where no examination may have been entcj upon, to direct the entire continuance of the gu^te, and examination of all the witnesses i future day; in which case the party movlngl such continuance, shall pa!y to the opposite pi or parties, the costs and expehces of summosl and the attendance '6f all the witnesses then atf ding for examination. Or if no sufficient q be shewn for granting a delav, and the party i ying for the Same sha\l reiuse to proceed,] judges, if the exan^nation were to be had on Court, may refer to the Court the conside of the default of any party, )*efusing to protee aforesaid, and thereupon the Court will, upon: jreference^ lor itself, where the examinations to have been had In open Court, proceed to jJ tnent According to the circumstances of the and de&ult aforesaid, either in granting a br strictly enforcing the penalties declared by| 9th and 10th articles of these Rules on Enqi 1*7. — ^Provided always, that if any ihotidni be made at the opening of any Engu^te, whe in open Court or before Judges in vacation foil partial examination of a part of the witnej in the cause, the Opposite party shall havj right to oppose the same, and insist on and o]) the entire continuance of the Enqu^e, And th upon have and obtain a full allowance of costsj examining, and the attendance of all his or i witnesses, actually attending to be examined. And no further proceedings shall be had o!i[ part of the failing party to proceed as above: for the examination of his tvitnesses^ until alls^ costs shell have been paid as above directed. ' 1 vious to th« euuninatiom |.— And whereas by the Rules of Practice, no i^,'"^^^ in any cause hath a right to tax costs against be suuninod ' )pposite party, for the examination of more ^" JJJ^y^** six witnesses upon any issue raised in such ving tbere- ; yet the opposite par^ is frequently put to gY^tS^^o^ es and expences in respect to the examina- po«ie puty, f witnesses above fhe number allowed; It is J^~4J„^ fore ordered, that no further examination of above v, pre sses above the number of six, as aforesaid, t:\ke place, unless the party moving for the do first tender and pay to the Attorney of pposite party six shillings and eight pence upon each witness so to be examined, above umber aforesaid. Nor shall any costs be tax- o any Attorney, as between Attorney and it for the examination of a greater number than ciientforexa- . • / • « inination ot tnesses, on any issue as aforesaid. >. — And it is understood and directed, that le above rules shall be equally applicable to les on a cross cause, or wherein the defendant constitute himself an incidental plaintiff, and )riginal plaintiff thereupon becomes the defen- in such incidental demand ; and also in cau- pf intervention or opposition. ). — And it is declared and ordered, that should 'ourt or the JudgeSj examining witnesses on shaii be con- [Enquete appointed, adjourn or continue the uSon"*"? le over to a future day, that the day to which thesameday* adjournment shall be made, shall be taken considered as making part of the day from h such adjournment or continuance was made, the sev( ral rules abovementioned shall be ap* ' accordingly. .-^And if on the day of Enquete to be taken re any Judges in vacation, any party is not led or does not proceed to the examination of pj«ny partoi itnesses, or any part thereof, and intends to atX' da^f a right for such examination at a future day, ^m^te, in easons or causes to be offered to the Court for bribo*und tv> G iio costs tax- ed as betweeii Attorney and witnesses above 6. Theabovs Rules to ap' ply to inci- dental plain- tiSa. An Enqneta adjourned A pal-ty not pHKCfilingto examine all V Movt on the fintd«y«rthe ouuingtcrm, for such eiOi- jnination, or be concluded ft forecloged & judgment may be given upon the 9th or lOtii rule, or upon the .circuQistancss «rthecaM., . / V.I 49 - that purpose. It is ordered, that such party j be held to move the Court on the first day of| sitting, after such Enquete so appointed in tion, to be admitted to examine such witness could not have attended at the day of Enquetej pointed, and to them shew sufficient cause for sJ examination of witnesses, otherwise the party slj be concluded from any claim or the exat tion of witnesses in the case. And the above or 10th rule shall be applied to the circumsta of the case for j udgment. " And it is ordered i '* this rule in respect to the further examinaij '* of witnesses and diligence to be done to ** the same, shall be applicable and confcMtnedj ** upon every reservation to examine any '* upon/ai75 et articles^ or the issuing of any i '* mission Rogatoire, otherwise such reservatl ** shall be held and adjudged to have been ab ** donedand relinquidlied; nor shall it be re ** site, upon any motion to'be made under the at ** rules, to give the opposite party notice ther *' but he shall be bound to consider the rese ** tion as suffideiit notice in that respect made.1 In order to prevent the delays which occun taking the testimony of witnesses, by reason! the same Attorney being employed in diffeif causes appointed for the ^examination of witne on the same day. It is ordered that the par shall be held to proceed to examine their witn ses in every cause as called in rotation from i Diary or Rdk d*Enqu^ie, and it shall not be fiidered or receiveH as an excuse of delay tij any of the Attomies in «uch causes are at the tii employed in the examination of witnesses or otbd wise in any other cause, and on default of the/ comey, or some person on his behalf attending! take the examination of witnesses in every caul fio called the adverse party shall be allowed! f^roceed ex parte. * SECTION XXVIII. Of Commission Rogatoire. ■ \ -It is ordered that whensoever any Commmion RogO' lay issue to persons, not being Judges or Judge of any [Majesty's Courts of Record in this province, the said lissioners shall at their first meeting for the purpose of jing the said commission, administer the Oath No. 1, ftermentioned to each other, and also the Oath No. 2, I clerk or clerks named and appointed by the said Com- lers for the faithful perfqrmance of their respective tin the execution of the said commission. And that lall be annexed to every such commission a copy of Id Oaths, so to be administered, and of the Oath to )tnesses to be sworn by the Commissioners ; which iths shall be delivered to the Prothonotary of this with the interrogatories and the instructions direct- the 3d and 4th articles of this rule, for the execution mm of the said commission, to be annexed to the com- rOath to be adriiinistered to each of the several Commissioners Ihemselves respectively. )u swear, that you will according to the best oft/our \and knowledgCy truly, Jdithfiilly and without partiO'^ any or either of the parties in this cause, take the ^nations and depositions of all and every witness and \sses, to be produced and examined by virtue of the ission hereunto annexed, upon the Interrogation here- ilso anexed, now produced and left with you, and you %ot publish, disclose, or make known to any person ''sons whatsoever, except to the clerk or clerks, to be by mployed and sworn to secrecy in the execution of this fission, the contents of all or any of the depositions of itnesses or any of them, to be taken by you and the commissioners, in the said commission named, or any ^x 4« ** of them by rirtue of Uic said commhson, until publicQ^ ** shall pass hy rule or order of the Court qf King's Ha ^*for the District qf MontreaL" SQ HEL? YOU GO! '\\\ No. 2t Oath to be administered by the Commissioner? to the clerk pointed for taking and transcribing the answ«rs of witnesses^ &c. '* You swear that you wilt truly, JaithJ.ully and 'without i ** tiality to any or either qf the parties in this cause, takt\ ** tcrite down, transa-the and engross the depositions •* and every witness and witnesses, produced before and\ ** mmed by the Commissioners, or any oj them named ** commission hereunto annexed, as far forth as you ar(j " reeled and employed by the said Commissioners or an •* them to take, write dawn, or engross the said deposit ** or any of them. And you shall not publish, dtsclostl *• ma^e known to ar^ person or persons whatsoever t/ul ** tents cfall or any of the depositions of the witnessed ** any of them, to be taken, wrote dascn, transcribed orj •* grossed by you, or whereto yon shall have recoursti ** be any wise privy until publication shall pass by ruhl ** ordi^r of the Court of King's Bench, for the Distria <« Monti eat," SO HELP YOU GOl 1.7 2. — It is ordered that whenever there may be anyj Commission Rogatoire to be executed by Commissiond aforesaid, the several interrogatories to be put to a wij produced (after he hath been duly sworn) by the said inissioners, shall be proposed and declared in their re order ; and that the answer of the witness sh^U be taken ^ by the clerk, to each interrogatory previous to proj or making known a second or any further interrogatory^ so continued until the whole examination may be close S. — It is ordered that aftfcr a witness hath been swor examination shall be taken in the manner above said, iii V .1 presence of at least two of the Commissioners named commission, and if the said Commissioners shall have] named the one half on the part of the plaintiff, and thee ■ tv*t*»«»»-** -~ *r- •"^^•'ij^MM'*^-* — :*^'T*ip»*wi«'**'»-n**».-f»---' 43 ILP YOU GOi ^f them on the part of the defendant, then in the pre- of two of such Commissioners, one of whom may have ' [ramed on the part of the plaintiff and the other on the >f the defendant, if the said Commissioners on the pare ^h party as aforesaid, shall attend for that purpose ; but of refusal or non>att«ndance, the examination may be id taken before the two Commissioners ready to attend Execute the said commission, and that no person or per- shall be present at the examination of any witness, but Commissioners so examining the witness and their clerk. [that previous to the examination of any witness, the lissloners aforesaid shall administer to each witness the following ;— \You swear that you tcill true answers make to all suck sstions as shall be as/red 0/ you on these iiiterroga/ories, Uhout favour or affection to either party ^ and therein, \u shall speak the truth, the whole truth, and nothing^ \t t/ie truth." 50 ^ELP ypU GOD. ( I LP YOU GOI I — ^That after the execution of the commission may have. completed, the Commissioners executing the same shaH and attach to the writ or commission, all the several linations of the witnesses, and all writings produced, and ^hich the said examinations may refer. And also annex le commission a list of the witnesses examined (which be signed by the said Commissioners) together with the il Oaths administered, and instructions transmitted with tommission previous to executing the same; and after the may be inseparably bound together under their seals. shall certify on the back of the commission, their re- of the execution of the said writ. The same shall then lut under a cover and sealed up directed to one of the Ihonotaries of this Court, and the title of the cause and les of the parties in the suit shall be thereon inscribed, [these words added, ** A Commission Bogafoire," execu- md returned by ■ naming the Commissioners had executed the same. A ^ . 46- ^»-~it is' ordered that previous to the publication of { Commission Hognioire that may have been executed this province, or in the province of Upper-Canada, by missioners, not being Judges of his Majesty's Courts of I cord in this Province, an affidavit shall be made before] of the Judges of this Court dy the person holding i commission and return, of his having received the same I some one ot the Commissioners therein named, for the| pose of being returned into this Court to be of Record ;i that the said commission is in the same state and conditio when such person received the same for return as afores 6.— Th9t notice shall be given to all the parties conceii in the said commission and return of any motion to be for the publication thereof, and all objections which can be made to such commission and return, shall be r^s<^d ; heard prior to such publication, 7. — It is ordered that ia any cause where the defend may have appeared cither personally, or by an Attorneyl this Court, (except in cases when a defendant maybe in( fault for not pleading, or otherwise) no Commission fCntoire shall be granted until after issue may be joined ween the parties on the merits. And that after the issue i be joined as aforesaid, either party who may be desirous I obtaining 'ch commission, shall move for the same, witlj four days ^ r'tcr issue may be joined as aforesaid, if in Ten and if in vacation by application, within the period afoj said, to two of the Judges of this Court, who may grant order therefore, to be sued out within such time as may considered reasonable at the period of applying for the sa on the RequHe, or petitio'n of such party to be filed of cord in the cause. And that no Commission Rogaloire shall be granted in i cause as above, unless moved or applied for within the periJ aforesaid. And that no Interrogatories or cross-lnterrop tories shall be annexed to any Commission Rogatoire for t!( examination of witnesses or of any party uponyai/5 et arlick unless by the consent of the parties expressed by their sign turcs or that of their Attomies thereto without the allowanij and order of the Court in Term, or of two of the Jut^gi^s^ ,rr- i ' c publication of | tetn executed er-Canada, by esty's Courts of I be made before j person holding :eived the same i named, for the[ • l)e of Record; I tate and conditio return as afores he parlies concer motion to be lions which can shall be r2^st:d here the defend by an Aitorneyl ndant maybe in( no Commission may be joined it after the issue: may be desirous I 3r the same, witl| resaid, if in Ten in the period afa who may grant I ich time as may j )lying for the sa to be filed of be granted in i r within the penj or cross-lnterrop Rogatoire for tij on Jails et arlick sed by their sign lout the allowanl of the Ju4g.Qsi 47 irt in vacation, made upon notice to the adverse paN us eflfect. [ordered that the Rule of Practice made by this Couit i20th day of February, 1 813, as an addition to this sec- amended in so iax as regards the allowance o£ the ^gatories or cross-Interrogatories, on faits et articles. Judges in vacation, and that the allowance of Inter- and cross-Interrogatories on ^ai/« e/ articles, may le by one Judge in vacation. upon the order being made for issuing any commis- I aforesaid, the party obtaining such order shall forth- without delay, sue out the said commission, and ^e the due execution and return thereof; otherwise it competent for the opposite party to proceed in the IS if no such commission had been moved for, or SECTION XXIX. / Iv Q^ Faits et Articles. '_,..''. ' .„ .. . ^HEREAs parties in suits are entitled to obtain an ition of the respective suitors upon Faits et Articles be deemed relevant (^jieriinem) to the matters in provided that the same may be required and had, Hardation de PinstrucUan et jugement" to the end |[e, of preventing delays by undue applications for such ^tions : It is ordered that Fails et Articles may be '")r and had " en tout Siat de cause** that is to say, Ime after filing the declaration until closing the Kiu Srovided that every party who, on the last day ap- jforthe exaniination of witnesses may move to exa- opposite party on Faits et Articles^ do apply for to be had in a reasonable delay, " sans retardation tent" and that a day be, at the time of such appiica- ped and appointed for that purpose, and the party so shall be thereby concluded ; and that no examina- ^aiis et Articks shall be granted, or had in any causs ! I 1 1 f ■' 1 1 \ } 'A 'ttfter the evidence may be closed, nor after in ventre may have issued for summoning a Jury in any cause ap ed for Kuch trial, unless upon special circumstances that) not, or reasonably could not be presumed to be in thel ledge of the party so applying for any sach ezaminatio terthe period above mentioned. 2. — That every permission for the exanlination of aoj son on Faits et Articles^ together with a copy of the i xirticles to which the party is required to answer, sh personally served on the person enjoined to answerl Fails et Articles^ unless in cases >X'here the party in tn who may be enjoined to answer as aforesaid, may hal peared in the said suit personally, or by an Attorney i Court, in which case a service of thet>rder and a copy I FaiU et Articles as aforesaid, at the actual dwellingj and domicile of the party, may be held to be sufficij J»roceedings thereon. It is ordered that the answers to the Interrogatories oil party to be examined on Faits et Articles, shall be ref and engrossed by one of the Prothonotaries of this I from the declaration of the examinant, and not in tlj sence of any Attorney of either of the parties in thel and the said answers When so engrossed shall be brou| to this Court or before the Judges sitting in vacation,! such examination be appointed to be taken in vacation to be received upon the Oath of the party to be ea and not otherwise. SiECTlON XXX. Of Trial by Jury, and the several proceedings thereorJ WuEBEAS trials by Jury in certain Civil actions, upon issue jj the parties for such trial, may be lawfully had in this Courti end of ascertaining the right of such trials, to prevent delays' ing Juries, and declare a certain regular course of proceeding o 1. — It is ordered that every suit or action to be insi where any plaintifi* may be desirous of such trial, tha shall be moved for by, the plaintiff on the day of tbe| dant's appearance* ' \ i r after a venire 49 ^And whensoever any defendant may be desirous of &, Jury, and entitled to the same by law, he shall at' ^e of pleading an issuable plea, conclude therein to- intry. iThat in every case when a plaintiff may on the de- Vs appearance, move for, and be entitled to a trial by phe defendant iu pleading an issuable plea to the merita iction shall therein conclude to the country, and the. shall in applying to the merits^ in like manner take; the country. ,j That every defendant who may be desirous of a triat shall at the time of filing his plea, and previous to' |he same, pay into th& hands of theProthonotaries of irtthe fees which the Jury raay be entitled to receiyev leir attendance or verdict whe'p. made and ready to be And the plaintiff at the time of and before suing ^nire Facias, shall in like manner pay into the hands ^rothohotary the fees of the Jiiry as aforesaid. And irty failing to pay the fees aforesaid, the Prothono- re hereby directed not to receive the plea nor issue the Venire Facias aforesaid i .y4 ..-^^■^ ;••;>; ' Of Striking the Jury. That whensoever a regular issue may be joined irjany ^here, by law, and under an order of the Court, the ereof may be had by Jury, the party applying for the ball give notice to the adverse party, or his Attorney rt, which notice shall not be less than twenty-four. jo attend at the office of the Prothonotaries for the pur- [ striking a Jury in tlie cause. And the Prothonotaries, Kme of such attendance, and in the presence of the 1 or their AttoVnies, shall from the Book of Jurors ly made and deposited in his office, and from the list lal or other Jurors, as the case may require, make a List oJ" forty-eight names, from which the plaintiff idant, or iheir Attornies, shall alternately strike a the number of twenty.four, and the remaining t wen- , \ tf'fowr persojos shall form the panel to be annexed to thd ftire Facias, or summons; and opon which writ they i be severally summoned to appear for the trial of the I joined, and a Jury therefrom miay be legally im^aneHed] sworn* i. s.— And whehsoerer the plaintiffs or defendant's iuif may not attend to strike the Jury as aforesaid, orl if attencuog, refuse to strike the names of Jurors to M panel upon which a Venire Facias may issue, the Prot^ lanes shall strike the names of Jurors fromthe list of Jur place of die Attorney not attending or refusing as afore 9.— -I1iat the issue or issues in any case fbrmed, for thel and verdict of a Jury, sbaiU not be altered, to be triei die Cottrt«, unless impopeirly formed to be tried by a Jy »;i<'s.» l^.v':*fSv' 't » -!•*.«' r (^Defendtmfs Default lo proceed. . And in every case where a plaintiff or defendant, appll for and obtaining an order for a trial by Jury, shall dr the space of two dayb after issue joined, neglect to pro therein, and to nve due notice to the opposing party tJ tend and strike tne Jury as above said, or shall not att^ atrike the said Jury, or not take out a Venire Faa\ summon the said Jury, the plaintiff, or his Attorney j ?$ve due notice to the defendant to attend and strike ury, and may after duly striking the sa^ie, in manna above sakl, take out a Venire Facias and proceed to a trial m the cause, in the same manner as if the order] audi Jury bad been obtained at the plaintiS*s instance. !^' Yt St'- Ir ■ i I) I ) 0/ Notice qf jyial. And after striking the Jury, as aforesaid, due notio trial shall be given by the parry applying for tuch Juryl suing out the Venire Facias to the opposite party, or bjl plaintiff in case of the defendant's peglect, as above, f two full days at least, before ue trial shall be had. J» ie\nic of Venire Fada$ shall be isMed four day» i, and the Jury be summoned twentyfour hours be* return of such writ and trial of the cause* and that tre Facias shall issue or be made returnable for die [a cause iatay Term alter the fifteenth day of the Of Evidence to. the Jun/i ach party be admitted to adduce m proof, at well n documents filed m the cause whereon the actioa *^?y. be founded, as all such other written evi* . >. .testimony as legally in the dUe course of trials n^; oe offered and given m evidence. But no part written evidence, except such as n^ay be filed affree^ the Rules of Practice, and whereon the demand or may be founded and referred io in the pleadings^ filed in, the cause, or make part, of the record* every case, where a plaintiff, moving for a trial \yf not during the space of two days in same Term, e joined move to set down such cause for trial, the t shall be at liberty to move for the same, and upoa ing appointed for such trials if the plaintiff do not and in due course proceed thereupon to bring the for trial so appointed, the defendant may move the r a judgment of noursuit against theplamtiff^ and e plaintiff shall shew good cause for not proceedings aforesaid, a judgmem (^non-suit shall be entered e plaintiff with costs. ,5^' Of Ferdicti ever^ case, SP soon as the Jury may be swiom, s, plaintiff and '^^m^l^ shall be called, and il neither shall appear, the Jury shall forthwith be discha But if the plaintiff, shall appear, and the defendant shaj appear, his default shall be recorded, and the evidence i plaintiff shall be heard ex parte and the verdict of the! taken thereon and judgment enter:?d, as to law and jf may pertain. ^ ». '> ^ ^ Of Non Suit. I.-'— And if the defendant being so called shall appea the plaintiff being called shall not appear, the default plaintiff shall be icecbrdedand judgment oi non suiti upon instgnter entered, dismissing the plaintiff's action,| h se pourvoir, with costs to the defendant. 2.— -That in every case in which a Jury shall be sj and the plaintiff shall choose, at any time before the verd such Jury shall be given, to become non suit, and foij purpose shall withdraw from the Court, the plaintiff sh called, and if not appearing, the default shall be reed and judgment of non suit thereupon entered instantt mining such plaintiff's action, sauj ^ se pourvoir, with] to the defendant. :>;'> ■«- '•If K-.! r>'! •: f f .■'>&•: U ,1- ii' SECTION XXXL ; Of Ncv) Trials. That all motions for New Triads shall be made prd to any motion in arrest of judgment, and within fourj exclusive of the day of Ti;ial after 'erdict had, if so days remain in the Term ; and if not, then on the fir of the next Term, and after two full days notice to ti verse party, or his Attorney in Courr ; and every suchJ shall briefly express the several grounds of, or causes which, such New Trial is to be moved for as aforesaid, every, such motion that may be so made, under notij aforesaidi and duly entered as herein after directed^ slrn % . 59 leard without furtl;ier delay. Provided, that no motioa cause has been previously made in arrest of judgment; lotion for a New Trial will be admitted i^ any cause,^ motion in arrest of judgment. :S - I SECTION xxxn, .. # ,v • Of Arrest of Judgment. LT each party in a suit having a right to move any. in Arrest of Judgment, shall be obliged to make such and may be t\illy heard thereupon, under the like ind causes therein assigned, and within a like period as is above ordered to be observed in all motions for trials, and not otherwise. whensoever any party who have moved for a new ^nd the same be refused should be desirous after such to move in Arrest of Judgment, he shall be bound to [he same and therein assign the causes therefore en the iy in Term after such motion for a new Trial may »en rejected, and if the order upon such motion for a [rial should be made on the last dav of Term, then any for Arrest of Judgment as aforesaid shall be made ou it day of the succeeding Term and not otherwise. Kkfui^' ■ii.'* SECTION XXXIII. ,nO(* Entry of Motions Jbr Ncv Trial, or in Arrest of Judgement. " " ■ . . . ■':.- ,• ir a copy of every notice of motion to be made for a trial, or an arrest of judgement, as above is expressed, * filed in the cause with the Proihonotarcis, three days yely, before theday on which the motion isto be heard. Ihe Prothonotaries shall enter, or express the same in Id^es* Book, or list of causes, two whole days before Tinhg of such motion. • ;..» hv I \' I ■'I y u 5# SECTION XXXlVi ^ Of PerempliQtit or diseon^nuanc* of AetioHS. Wherkas great debvs do often ariae in the prosecution of suits 1 this Couft, some of which remain pending .therein, even after the] ters in litigation have been settled by the palties, whereby thei ber of suits is upnecessar^y aqcumulatedr-Jt ia therefore orde 1.— Tha,t every, s.uit now pending^ before this Court,! origiual action, opposition, or intervention, or which I hereafter be instituted or made therein, and in whichl proceedings shall be had; in open Court, or upon ord/ this Court for two succeeding Terms, shall be deemed | taken to be deserted by the plaintiff, or party prosecu the same, or tnteeested therein, and thereupon be disroij with costs, upon the last day of the second Term, in wl no proceedings shall be so had, or any subsequent daj Term thereafter^ upon motion for thfit purpose of any i panies concerned. And on default of such tnotion I Court will ejp q^cio^ on the same day, or at any subseqij day, dismiss such suit, opposition, intervention, or claim, but without costs to either party. „. ,;\,. ^c- >•/ 2. — And in asmuch as every plaintiff, or demandant, shJ be bound to prosecute bis claim within a reasonable tim| a final conclusion ; It is ordered, that na cause shall- remain on the record this Court, for the purpose of any further proceedings thj in being had after twelve Terms from the institution of; action, or demand (of yfrhich the Term, in which the : was instituted shall be counted one)' unless sufficient cai be shewn to the contrary. . And that either party intered in the cause may, on the first day of the thirteenth Td or at any other subsequent period^ move for a judgeiuij declaring an absolute peremption in the said, cause,! andj missing the same as aforesaid, or this Court ex officio, the certificate of the Prothonotaries that the said cau^l been entered in this Court durii^ twelve Terms,, as aforesi "will dismiss such cause, and adjudge an absolute pereiDpi| of the same, with costs. V ,' V. in on the record 33 SECTION XXXV. ? lAT 1M> execution shall issue en any judj^ement of irt, subject to appcpt- until alter the expurarion of ays from the **' « ^ch judgement. I : '•>! the twenty days iiv.A th«. ^te of such iudgmei..t Where f, meaniiig to appeal therefrom, shall have lodged 1 siifficient security to prosecute the same with effect. ind whereas it is proper, that all the evidence of re- rhereon any judgement may have been made, should [n the said record, so long as the judgment remains sd, and any execution to be sued out thereupon— It ordered, that no writ of execution do issue on a It, in any cause wherein the several exhibits and filed in the said cause ; may not remain of record, / the original evidence, or such authenticated cc^ies as this Court, on hearing the pany applying to with- Ich original, may have specially ordered. that a separate bock and register shall be made and [the Prothonotaries, of all executions whkh may be >m this Court, specifying therein the description of and against what it may be particularly directed, *s in the cause, the number of such cause, the name jittomey or person at whose instance the writ may e amount to be levied by virtue thereof, the cause of the date of the judgment on which the writ may be the day on whidi the writ may issue, and the the return thereof; and to which Register shall be at the end, and in the same book, an alphabetical fferring to the parties and execution that may have led, as aforesaid. And that no execution do issue Court, until after an entry thereof shall have been the register aforesaid, in the manner above directed. ^the Attornies of this Court, or persons liaving suits nay, at all times, during office hours, liave free access Kd register, gratis, IhdX no execution, taken out to levy monies from ) t '. I "■' .1 '' f.,- "•'( the chattels of any debtor, shall be made returnable { period beyond the next ensuing Tqrm>of this Court, vrhich such execution may Issue. And on the back oft execution shall be indorsed the number of the case, or rei of the cause, on which such writ shall have issued. •S.— ThatXio executions shall issue to levy monies firoq reiol estate of any debtor, (not especially assenting then until after a return of an execution to levy the amouij such judgment from the personal estaie of the debtor. 6.^— And v/hereas inconvenience and hardship may to creditors, by a delay for a day in Term to return a I of Ft. Fa. to levy moni^ from the chattels aforesaid] whereon no chattels have been attached^ or such only asl in part satisfy the plaintifTs debt ; It is permitted that! writ of Fi. Fa. may be returned in vacation, after duej gence in the execution thereof, to be certified by the ing officer, and whe/'eupon an execution may issue to| from the debtor's real estate* 7.-**Whereas doubts have arisen on the right of a ment creditor, who may have caused his debtor to be ed, according to law, and may lie in prison, under I arrest, to obtain a writ of Capias ad satisjaciendum, whij the debtor may be charged in execution, for the payma a judgment obtained. It is ordered, that, upon evcfry final judgment obd against any person, who may be in prison under procil Capias or attachment, or a surrender of the debtor, whof have been attached or held to bail, the judgment era may, after fifteen days from the date of such judgment! tain from the Prothonotaries of this Court, a writ of (~ against the debtor, for the amount of the judgment afor unless the debtor, defendant, shall have lodged goodj sufficient security in the Prothonotaries* Office of this ' to prosecute an appeal from the said judgment $ in case no Writ of Ca, Sa. shall issue. And every person| may lie in Gaol under a writ of Capias ad respondenda be committed after a surrender by the debtor or his I and not be charged in execution upon a writ of Ca, Sa.\ in two days after the period at which the plaintiflFi legally have had and obtained such a writ, to charg r-. I every such debtor, held anci detained in 6ao), under ^ Capias ad nspondendum, or surrender as aforesaid, may be discharged by the order of this Court, or le b/the Judges tnereOT, in vacation. 1 prison, under j SECTION XXXVI. riff"s Office, Upon the Receipt and Return of Writs, And qf* Levies and Sales, under Execution. is Ordered, That the Sheriff of this^ District do U Writs, Executions and Process to him directed^ turn day expressed in such Writ, Process, or £xe- respectively, which regularly may be done without pal rule, or order for that puraoise. lat whensoever the Sheriff of this District shall, by any Writ of Execution, or Executions, sell an^r , or Real Estate dF one and the same debtor, he shall, ^turn, distinguish, how much he has levied and made sale of chattels, or personal property, and how >m the sale of Lands and Tenements, or Real Estate^ teal Estate, to whom sold, and the conditions on le same may be sold. And shall also state, by his ^m, an account of the particular disbursements, as the sale of the personal, as upon the Real Estate^ ^ein specify his several charges for fees allowed by Lnd ^iihensoever the Sheriff may, in virtue of any j|n, or Executions, attach and seize various and dif- il Estates, of one and the same person, in order to satisfy one or more judgments, he shall expose, the de separately, and, when sold, shall, in so far as [keep separate and distinct the several disbursements^ charges, about the sales thereof, in the manner be- cted. the sale of chattels and personal property, he shall le manner expose the same to sale, by so many lots ;ls, as may be most likely to produce the best pric^ Chattels so to be sold. ^. 4. — ^That the Sheriff do keep a book of regbter of allj of execution that may come to his hands for levy andi tion. That therein shall be specified the description vrit of execution, the names of the pardes, the nui the case, the name of the Attorney, or person by such writ Khali have been sued out, the amount to be I under and by virtue of the said writ, the date of thej ment, whereon such execution issued, the return dayi of, and the day on which the same shall have been re into the Prothonotaries* office, the amount levied, the i by which the same had been levied, the day ot sale real estates, to whom sold, and as well the amoa disbursements as of his fees, upon the levy aforesaid. ^ And upon the «de6 of all real estates, where any op[ may be made, a seperate book of register shall be kept i in, in addition to the albove entries, he do insert said register the nature of the opposition made, and of receiving the same, the name of the Attorney, or | by whom such opposition may be made, and, if withd the time of withdrawing the same. That he do indo all oppositions, filed in his office, the period of receivuj same. And on the return of every execution, whereon the be oppositions filed, he do make a schedule thereof iii regular order, according to the time, and in respect tol oppo^ons in the same case, and if any oppoation hm withdrawn, he do state the same ; and alphabetically| and state the several oppositions in his return aforesaid 5.'«~That all the Attomies and suitors in this Coi rested in the levy of monies, under writs of executic have at office hours, firee,gacce8Sy gratis, to examine til ^ster of the Sheriff aboiTe directed ; and more especii examine all the several oppositions to the levy of anyi on sales of chattels or real estate. 6.— That '.o each of the said Registers be annexed,] end thereof, an alphabetical index or reference to thes causes and entries therein made. 7. — And that the Sheriff do, on the first day of Ja every year, return into the Prothonotaries* office, a < ^-itfciSii-a-ii ,-i^ ..,^.tr^iA-i.\ :«>ii fe--^-* hitn signed, of the book of Registers of executions Hrected. ^hereas the execution of writs of Saisie revendica* ■ Saisie arrit'm the hands of the Defendant are fre- [ attended with unreasonable charges upon the Shf rifTs id dutv, and may be highly prejudicial to the rij^ts IS in tne legal possession of chattels and effects so It is ordered that every plaintiff suing out such writ \ bound upon the delivery of any such process to the f to make and deliver to tne said Sheriff sufficient ad- money, for the necessary expences in the execution such writs, or otherwise satisfy and secure the for the prompt payment thereof, and failing so to d1 Mkion, all and li he may pret id die said opf :tipn of the opf ! shall be annexe! B of this Court, ( ich opposition, ired not to receiv affidavit so SMU ly real estate, an made before tli on may be agait I made before tl Sn de conserver\ sonal estate, thej 1 office hours tii ion, under whic otherwise, d, or admitted! in his behalf, fa to have, touchin have been claii riginal or first od >refer and makq le Prothonotarie IS, or moyens i£\ Lven to file tbes 1 and every his I soever, and vrh issue taken, anil moyens ^^\M\ 01 ceived from the same person, to the same levy and ihat every person, who may file any such cause or \d^opposiUrefered by opposition, shall be stric'W adhered to, lies for proceeding thereupon. To the end, that all persons interested in the levy and [of execudons to be issued out of this Court, n)ay be when such returns are made. — it is ordered fhat khonotaries of this Court do, from time to time, on ^y when any execution may be returned by the She- filed of record, fix and place to public view, in their ''rothonotaries* office, a list of such returns, express, lames of the parties, plaintiiF and defendant. That of this Court respecting oppositions to be made af- :tum of executions, shall be considered to apply to V V \ I \ I ii: r \ *. the period that the said list was so afixed by the Pk'otI taries, in the office aforesaid. 8. — Whereas it frequently happens that in causes \rl| it appears that a defendant is in a state of deconfiturel tions are made and orders granted for calling in the sevJ creditors of such debtor ta appear in the cause and ai their respective claims upon the eBcects and estate of the I debtor previous to a distribution of the same; it is ordJ that the plaintiff or defendant or any one of the creditoij such debtor may object to any claim which may be mad consequence of any advertisement and public notice as a{| saidr and controvert and oppose the same, provided plaintiff or defendant, or any creditor as aforesaid, shall in the space oi ten days after filing such claim file his 0|| sition thereto, and if the opposant may reside in this cityl have elected a domicile therein^ he shall give notice to| claimant of such opposition, and require the said claima support his claim before this Court, by such, legal cour is observed in this respect for the support of claims or oJ sitions ; and it is further ordered that every claim maiij consequence ot any public notice as aforesaid, by any pe residing in this city, or who. may have elected a dor therein, and such election of domicile be entered on with the claim aforesaid, and which may not be oppos aforesaid, shall be considered and held to be admitted bj the parties mterested thereupon as legal and just, and so| judged by this Court upon the distribution of any deb effects and estate as aforesaid. And it is further ordered that the above rules shall ; and be considered as binding wherever creditors of anjj ceased person may by publig notice be called before this f to assert their respective credit upon the effects and estaij such deceased person. That the present rule shall be held also to extend tj claims made by opposition, qfin de conserver upon] monies levied and returned by the Sheriff, on any Execution sued out from this Court. 9th — It is ordered that the Prothonotaries of trus Cd do enter in a separate book or register the returns of I Sheriff, upon every writ of Execution, in which register ( 1...,.^^ It in causes m 63 kted as well the oppositions annexed to every such re- ] as all the oppoations which may at any time afterwards pd in this Court, touching such return, in the order the time every such opposition shall be so filed ; and ch register all parties interested shall have free access required^ and it is further ordered, that the rules of )urt, respecting oppositions so returned smd filed, and [oceedings to be had thereon, shall be considered to ap- id have effect only from the time that every opposition pave been inscribed on such register, nor shall any op- ^n be admitted or received, nor be considered as regu- iled, until the same shall have been so inscribed and •.: U..,.- SECTION XXXVIlt. ^ *, I.. ^ ' t Vf Proceedings in respect to Appeals. "That on the allowance of every writ of Appeal, tfee ^notaries in making up the record, for a due return to rit, do mark numerically and progressively, in the re- rourse of proceedings had in such cause, every paper ' record in such cause, beginning with the writ of sum- and continuing the same mark at the head of «ich se- [paper until the whole be concluded. That he do then )ut an Indek, or list of reference to the whole, to each iber, title and description under his signature to be " to such record, previous to the return. ^ he do preserve and file in his office a copy of such Index of the several papers so to be transmitted with lord. [■That upon the return of the record, so transmitted in he do enter on the register of this Court, a copy of Igment made in appeal, with a reference to the saine [ing part of the record in such case. hat the Prothonotaries, do keep a book to be entitled \es and Judgments in Jlppeal,** wherein shall be en- le title of the cause, or names of the parties, the No. 1 } and Term, at which the suit was prosecuted, the fiUbje the demand, an abstract of the judgment, and the day itl given, the period of the appeal, and an abstract of the j ment^ in appeal : To which book shall be annexed an of alphabetical reference to the parties and causes jud|^ed. / ■ SECTION XXXIX. OfSaine ArrSt. Whereas under tlbe present Course of Practice it| happen that upon the service of a Saisie arrit at the de^ domicile of the Saisi certified, final judgment may bei against the Tiers Saisi for the principal debt due tol Plaintiff, although the Tiei'S Saisi, may never have rec| the writ of Saisie nor have had such reasonable knovflj of the same, as 'under the peculiar circumstanfces of hisl ati(Mi, he was unable to appear thereupon and make hij claratioA conformable to Law. In drder therefore tol vem the manifest injustice tliat may foe done 1>y such co siVe ijudgment. It is ordered, that in future nocondud !final judgment shall t>e made against the Tiers Saia^ paymeht of ~the Plaintiffs Debt, by reason of his non^i dance and hot answering as aforesaid, unless it shall that the service of snch Saisie Arrit and notice hadi person&Uy made to and upon th6 Tiers Saisi, and th every other case of legal services at the domicile, the] ment to be awarded against a Tiers Saisi, in defa*ilt provisional admitting such Tiers Smsi to appear at a : day and tafke off such deflult and make answer to the* or attachment or shew cause upon the irregularity ^rvice of such writ^ SECTION XL. Of Costs. \'r is ordered that ho general rule of this Court fees upon certain business to be performed in causes tff 65 ^d shall in any manner be considered to extend to restrain any judgment or order of this Court upoa tters before it wherein the Court from the circum- of such matter or business, shall award and ad« specific sum to any jparty thereupon. And axkf rticular order or judgment for costs that may bd ill determine and conclude the rights of every person iterested ; And it is further ordered that no general ^e of Fees, by any Tari£F or Rule of this Court, shall lered as grantmg a right to such fees for any busi- formed whensoever this Court or any Judge thereof^ cation of costs, shall not consider such business tQ ;n regularly and necessarily performed. SECTION XLI, Of Debtors in Gaol. lordered that in future every alimentary pension to ired to Debtors in Gaol shall be paid each Monday, on ^e twelve o'clock in the forenoon, to prevent the dif* [and inconveniencies which frequently arise from the low following of paying the aiimentsiry allowance to \ in Gaol. lordered therefore that the alimentary allowance tp ]ln the Gaol of this District, shall in future be paid [aoler, who is hereby directed and enjoined to receive ly the same to such Debtors without delay. svery Debtor claiming a right to be discharged from reason of the non payment of such alimentary aU I shall be bound to state upon Oath a demand made »r by some person on his behalf, on the Gaoler for ^ent of such allowance, before such Debtor shall be his discharge. |he Gaoler shall keep a separate book or register in le shall regularly and truly inscribe and certify the ^receiving and paying such alimentary allowance, to }ok access and reference may ha had at all times inired. \-' 66 And it is further t>rdered that copies of the present and orders in the English aind French Languages be J put and certified by the Prothonotaries of this Court,] that the said copies be posted up by the said Gaoler inj conspicuous manner in the Debtors' Ward in the said I SECTION XLII. • ^f Actions of Assumpsit. XVhereas actions are frepuently inssituted and decl thereupon framed, conformable to actions, in England^ sumpssit, with General Counts therein contained, for] sums thereby claimed, without stating in such declarf what part thereof mav have been paid, or should not r| ably be claimed or adjudged to the plaintiff and to wluj tions general pleas of non assumpsit, have been ma various grounds of defence thereupon raised, and made of evidence to be adduced, that could not havJ ioreseen by the plaintiff, under such general pleas and! may be highly prejudicial to the parties ; it is therefcj dered that on any such actions, the plaintiff shall ge state all such deductions, from the gross sums clain may be in his knowledge and shall by his demand decla claim the precise balance of monies due by reason ( assumpsit, undertaking or promise as aforesaid, and I recovery of which the defendant may be sued, and ti the return day of the writ, in such action the plaintlffj file an exhibit stating the precise amount of his dema in such statement shall insert and set down all mattei may have been received, whether in money or other j ble things, which ought to be reduced from the gross ; of such general demand as aforesaid, and upon which < «hall be written a notice to the defendant, of the amount of the plaintiff's claim, and for recovery off the defendant is prosecuted in the said action, and fail| do the defendant shall not be bound to answer the pli iiemand or be adjudged in default in the notice alord every plea to any^such action of assumpsit shzM cent-. specifiq grounds of 4^f-):, ■"1 'td-i'^ti sfVw.V 'iK i.'X.::<^ i' ■,: h . ,.-.- -■ '.■;'< -a!.-, O"? .\ M *> ' f.*- ffi'- V^ ^■ vC-*;^'^ V'ir '.? "•■ i<^/„ '.-• UJ , '*;■■> if' ■ his ?ees in this.cause. 1 f— To the plaintiff's Attorney when the judgment, is by default without £n- quete. 2 S — ^To the same on Enqu^te. 2 4— To the same when the judgment is by confession. 1 v 10 6 And to the defendant's Attorney. 10 15 5— To the plsuntiff*s 'Attorney, when the action may be settled before the return. 1 3 €— To the same when the action may be settled after the return, but before is- sue joined. 1 10 6— -And to the defendant's Attorney for all his Fees in such case, if a plea be filed. 16 But if jad plea be filed* 12 »*i'^»»,.'ti-j..t' ■'^■j-'i'^-^^o: s ih0 JtU or the entthaUbeoiUuntd^ trrencjf. -To the plaintiff's Attomey itrhen the 'JB s. «. action is settled after isuse joined, but before hearing or before judgment. 2 6 8 -And to the defendant's Attomey for all his Fees in the last mentioned case. 1 C 8 [the Actions above £20 currenetff And not exceeding £30 cutreneft \ above cases. I— To the plaintiff's Attorney. 5 6 To the defendant's Attomey. S 10 4» To the defendant's Attorney inthe se- cond case. 2 6 b -To the plamtiff's Attomey. 2 13 '4 -To the plaintiff's Attorney. S 2 » -To the plaintiff's Attorney. "2 -And to the defendant's Attomey. I -To the plaintifi^s Attomey. 1 JO -To the plaintiff's Attomey. 2 To the defendant's Attorney. , J 2 2 To the defendant's Attorney, in the 2d, case. 16 8 •To the plaintiff^s Attorney. 3 2 2 And to the defendant's Attorne^^ » Q 9 ! I i tl Fees to the iwo above tables, luhen the caxs toil, f^oj^ptn. -To the plaintiff's Attorney on defen- dant's taking off a default. 6 « 1 -11 II) i > i 1 AtoT. 9— On suinp; out a Capias ad responden- £ hi duin, saisie arret, saisie gagene or en- tiercement. 10 10 — To the plaintifTs or defendant's Attor- ney for drawing and engrossing a Bail piece with notice of putting in Bail znd service of the same. 6 And to the adverse party on do. O 8 ..K 11 — To the plaintifTs or defendant's Attor- ney suing out a commissiun rogatoire. iS iS — And to the adverse party's Attorney joining in the same. Hi '13-^To ;Ii? Attorney attending the execu- tion of such commission, when issued ^ from another District. 1 01 ^M ^f And to the adverse party's Attorney on do. 11 * 14-^To the plaintffPs or defendant's Attor- ney suing out a venire facias and con- ^ ducting a cause tried by Jury, 1 Cii And on suing a second or other venire Jacias when diligence has been done on the first. 10 To 'the adverse party's Attorney "Who may attend at striking the Jury. ir^| . And to the same for attending Fees on the trial of the cause. 10 ' l5— On every Incidental demand to the In- . cidental plaintiff's Attorney. 1 10|| * And to the Incidental defendant's At- torney. . 1 fj sponden- £ •ne or en- 1. 10 t's Alter- ing a Bail I Bail znd do, 3 it's Attor- 1 rogatoire. 1^1 Attorney lul the execu- len issued 1 ■\ 79 [a — To the plaintifTs or defendant's Attor- £ s. d. ney, on every exception by motion to the form for irregularities in the ser- vice of process, or in the declaration, or in the proceedings. 10 O r-^To the plaintifTs or defendant's Attor- ney on every plea of exception oth^r than plea to the merits. 13 4 ^-^To the defendant's Attorney on obtain- ing the certificate of the Prothonotaries required by the 34th Section of -the Rules of Practice. 3 4 ) — To the defendant's Attorney suing out execution and motion of the return for orders for the delivery of the money. 10 " That no other allowance be gran- ** ted against the defenJant on the suing " out of a second or alias writ of exe- "cution." -To the plaintiff's Attorney on a rule nisi in the nature of scire Jacias for all U 1 3 4 his Fees into final decision. -But if the rule is contested. And to the defendant's Attorney if suc- cessfully. -To the plaintifTs or defendant's Attor- [ney or an inscription en Jaux for all "lis Fees. -To the plaintifTs Attorney on salsi nretm the hands of third persons after ^dgn»ent, in original actions, for all his ?ees to final judgment. ;. nd to the defendant's Attorney on do. O 15 O M O 16 8 1 3 4 1 15 O 11 i Al^T. 24— To the plalntifF's or defendant's At- £ i\ torney for drawing and engrossing bill of costs, copy, notice and attending tax- ^ ation. O i\ . ^ And to the adverse party for attending the taxation of cost. OS] II 25— On every evocation from the Inferior Term, when the said evocation Is dis- missed to the plaintiff's Attorney. 1 3] Fres to be taken by Aitornies and Advocates on real and mtxt aciii in actions Jbr sums above .€30 currency. Art. 1 — ^Taking instructions to prosecute or de- fend. lj| 2 — Warrant of Attorney when filed in the cause. 3| 3 — Drawing every Declaration. 13| 4— Each copy thereof, O . 5 — ^Drawing and engrossing any affidavit requisite to be made in such case. 6 — ^For all attendances before the Judges, or other Prothonotaries* or SherilFs office, including jf{^/ to obtain any writ. O 5^]. 7 — Attendance at the return of the writ. 3. 8 — ^For drawing lists of exhibits, and at- tendance filing the same. O 3^ 9 — ^For drawing an appearance for a defen- dant, and filing the same. m 10 — ^To the plaintiff's Attorney on defendant taking off default, (V, le Inferior ■ ition is dis- . .1 mey. 1 1 real and mixt adici^l currenci/. cute or de- ijH filed in the M ' ''' ■. • ^ 'V ■i' •- sfl ny affidavit i case. sP the Judges, r SherilPs M n any writ. the writ. S^-'s [ — For putting in Bail, and notice of the jt s. d. same, 6 8 •Receiving notice of the same an^l taking instructions thereon, 3 4 -Arguing exceptions upon putting in bail when excepted, J -For every necessary attendance in Court or at the Prothonotaries* Office, for communication of papers, when not otherwise provided, O S 4 -For every necessary motion, including a motion after Judgment, by the suc- cessful party for withdrawing exhibits, 3 4 -For drawing the same, 10 -For every notice of the same copy and service, 3 4 -Attending in Court on notice of mo- tion, and opposing the same if success- fully, 6 8 -Ditto, ditto, on consentmg thereto, 5 -Attendance and Counsel's fee, on argu- ing every Law Issue on Pleadings, 13 4 -For drawing and engrossing every plea, I answers, or replication, 6 8 ^For every copy of such plea, answers, lor replication, 3 4 ►Fyling and signifying the same to the I adverse party, O 3 4 rFiat for Subpcena or Subpoenas in each [ cause. 10 i'^iw'fl {■ { Akt. 25— Fee on examination of every witness, jf sJ allowed by rule of practice, o si 26 — And for the cross examination of each of them, U 27— For objections to the competency of any witness, or to the pertinancy of any question, and arguing the same, if suc- cessfully, 3i • ^8— Drawing and engrossing Interrogatories for examining witnesses on a commis- sion roga^toire, loj 29— Copy for the adverse party, 3! So — And for Cross Interrogatories, one half of the foregoing fees, SI — Attendance and Counsel's fee, en ar- guing the merits of the case, X 3j 32 — Ditto, ditto, where there is an inciden- tal demand, 1 1j 33 — Ditto, ditto, in case of an interventioa heard along with the merits of the principal cause, 1 15j 34 — Ditto, ditto, when the intervention is heard separately, 1 31 35 — For drawing and engrossing every Pe- tition in judicial proceedings, 5'\ 36 — For every Copy, when necesssry, and service thereof, 3 37 — Notice to strike a Jury and service, 3 38 — Attendance striking the same, 6 59 — On issuing the venire znd delivering it to the bheriif, 2 I i' 77 o s. d« S 4 a commis- 3 — ^Notice of Trial and service, -Attendance ?nd Advocate's fee on trial before a Jury, including the examina- tion of witnesses, 2 6 8 -Drawing and engrossing and settling a special verdict, 11 8 -Drawing and engrossing every bill of exception in such case. Oil S -Drawing and encrossing every motion for a rule nisi to obtain a new trial on an arrest of judgment, notice and ser- vice. 6 8 -Attendance and fee on argument of the je, en ar- ■*^ » 1 3 -tJ in incidcn- '-'§? 1 J5fl| tervention ^m ts of the 1 u^'% M vention is ■ '1 1 3 "i every Pe- >» sssry, and i''% ;rvice, 3i| » ^ 1 ivering it 2- -1 same. O 10 —Drawing and engrossing every special rule of reference to arbitrators or ex- perts, 5 -Term fee in original causes only, and in which there have been an appearance I and pleadings, but no more than two I to be allowed pf ten shillings each, O lO O -Bill of costs, copy, notice, and attend- ance at the taxation, 7 6 -To the adverse p^rty attending the tax- ation, 3 4 -Fiat for Execution, attendance obtain- ing the same, delivering it to the Sher- |iff, and motion of the return thereof for order for the dehvery of the mo- ney, 15 .0 I i i i i \ I Hi" ' y A v: 78 Art. 50 — *' That no other allowance be made i€ " against the Defendant, on the suing ^ **out of a second or alias writ of ex- " ecution." 51 — For all fees on a rule nisi, in the nature of a .wre/fl!C|««q»f'> -^■fc-'-AlVS— fH-M ....^ ,..,Vv-'S- 80 Art. 2 — Do. on a judgment by default without ^ s, f^ Enquete. 15 3 — ^Do. with Enquete, , , j,^, ^ 1 o 4— Do. on a judgment by confession. 15 5 — ^When no return for the summons and entry of Fiat only. O 4 6 — On any action entered and settled be- fore issue joined. O 10 7 — On any action entered and settled after issue joined, and before the argument^ ■ or before judgment, viz. : From plaintiff. From defendant* 15 O 10 jlnd in actions above £20 currency, and not exceeding £30 curreni:\j\ the above cases. V(' Art. l—From plaintiff. From defendant. 2— do. do. 3 — do. do. 4 — do. do. 5— do. do. 6 do. do. 7 — ^From plaintiff. From defendant. 1 I 1 1 1 6 6 I 4 15*^ 1 O 13 iy^ I'-. , -. -f ' ithout £ 15 ( ■ >.^ 1 1 1 I. b 15 as and d after ument^ .?'■ ' 15 10 ding £30 currencjj 6 6 4 15 1 13 fkioiidl Fees to the two above tables when the eases wiU happen, £ s. d. |8^0n defendant taking oflp a default. 3 4 -For a saisi arrSt, saisi gagerie, or intier- cement. s 4 'The above charge not to include the sums.) )— 'For every bail piece security for costs or recognizance. 5 [l — ^For a commission rogatoire. 5 |2 — ^When the adverse party joins in do. O 2 {•—For the execution and retumof any such commission issued from other Districts. 5 -For a venire facias and proceedings on the same, when the trial takes place. 13 4 But in case the trial goes off then be al- lowed. O 6 S r^e above charge to include 3s. Jor the Venire.) |[ — On every incidental demand videlicit From incidental plaintiff, OlO 07 qi^ p From incidental defendant, 7 63 -For proceedings and judgment on eve- ry exception to the form for irregula- rities in the service or in the declaration, or writ, or in the proceedings. 3 4 -For ditto or plea of exception other than plea on the merits. 5 -For search and official certificate on de- fault of proceedings in execution of the rule of practice sect. 34. 3 L \[ ■^ lit ^ Art* 19-rrFor every execution and for the entries j^ of the orders on the return thereof, for 4elivery of the money, and for the copy of the said order to be paid on suing out the execution. O So—- For the entry of the motion for a rule nisi in the nature of scire facias to re- vive a judgment and to obtain an exe- cution on alias execution or contrainte par corps and copy of the same. 21— 'And for all procev^dings on the said rule from the return thereof to final decision or discontinuance. S O 10 22— On an inscription en faux for the entries of all proceedings and copies of rules unto final decision or discontinuance. O 1 1 23 — On every sai.sie arret in the hands of third persons after judgment on an ori- ginal action for all proceedings to final judgment including 3s. 4d. for the writ. 16 24 — On every bill of costs presented to be taxed there be allowed for the verifica- tion of the charges and for the official certificate. O 2 25— On money paid in Court for keeping and paying over the same one per cent. 2fr— For a copy of Judgment not exceeding 400 words. 2 And fcr ; very lOO words exceeding the above number, O 27— For searching and delivering papers or- dered to be delivered in any cause ad- judged upon or discontinued, entering and filing the order and receipt for papers, 1 IS-^On evitf evocation jfrom the inferior i? s. d. term wheii the Hid evocation is dis- missed. IS 4. ^^.^Por every suhpcend not including more than four witnesses and necessary co- pies. \^.^ .n If ^J^ '■ ^ tC* Jl b* BK O S I'A m \be aUofmed to the Proihonotaries (vihen not otherioite provided Jbr. J 1 — For Office copies of papers, for every jP s. d. hundred words. 6 [2 — For searching the records or the regis- ters for any given J ear. . ^. ,. O 1 O And for every other year. 10 Note—** The above fee is not chargea- " ble when particular copies of t-'.. «« any record or judgement are requisite, the date being giv- i (( en. tt ON ACTS OF TUTORSHIP, J— For every act of tutorship or curator- £ s. d. ship including a copy thereof and of the petition proceeding the same. O 7 a -For every act to emancipate a minor or for the sale of property of minors or for authorising a tutor to any other parti- cular purpose including a copy as above mentioned. O 10 -For every act of interdiction, proces verbal (i*enquete, depositions of witnes- ses, copies and certificate. 1.5 X ft* 1/ -.i^. (J.! M m A*T. 6 — ^For the hbmologation of every act of an jf ansfmbUe de parens drawn by notary •^ authorised by the Judge. And for every copy thereof at the rate of sU pence every hundred words. O 7— For every entry of an inventory, and closing the same, and the certificate. t— For every act of renonciation when done before the Judges. O *T '''"■• ' X .wt W 'r ►v' ..v\j I O 1 ' Oy INSINUATIONS. 9 — ^For every order of the Judges for the registering of any act. 10— For certificate of registry. II —For registering any renonciation to a^ community or succession any donation between conjoints in their contract de manage^ or any dons mutuaux or any donation whatsoever or will or any other act, for ever) hundred words. , Ol ,12 — For drawing and engro5?sing the order of the Judge on the petition of a testa- mentary executor or administrator, for the probate of any will, taking and draw- ing depositions of witnesses, taking the oathb of office (exclusive of the registry as above provided.) G li 14 — For makinfj up the record in any cause with the lists and returns thereof, and transmitting the same to the Court of Appeals. ^ .. 1 And for engrossing tht» transcript of the proceedings for every hundsed words. J .i( X m II ^^'-Forevery attendanceatthe examination jf of a candidate for the profeKsion of the law, or as a notary, giving the necessary notice and drawing the certificate of the Judges thereon. O 10 t. d. ♦ ♦ IICT lEAL 1 TnunsDAT, 20th February, 1823. 1 Esauires, , j Judge*. PROTHONOTARIES' FEES. Present, The Hon. James Reid, The Hon. L. C. Foucheb Court, upon the representations made to them by l^rothonotaries, doth hereby rescind the Tarif of fees ?d to the said Prothonotaries, as fixed and established Seventh of June, One Thousand Eight Hundred and 1, in (;auses of and above Thirty Pounds, and in all [and mixed actions, where the matters are contested ; loth order, that in future the following fees be allowed ^id by the parties intt. rested, to the said Prothonotaries : 1 — That there be paid by the Plaintiff, or Plaintiffs, his, or their Attorney, to the said Prothonotaries, for all their fees in causes of the above description, from the institution of the action until final judgment entered, not including the Writ of Summons or other mesne Pro- , cess. s. 10 d. 1 2 — That there be paid by the Defendant, or Defendants, or his Attorney, ISO 1 8 — And in case of an incidental demand, there shall be paid by the Plaintiff or t Plaintiffs, on such demand, his or their Attorney, a further sum of • 10 a 'n ir ';4 :f? 1 n i,i.,ieiftt^f"i—-^'-n^ "- "\af *;"•'."'': ■'"• '■'^'^•^ ■-* M' m Art. 4«-'AhcI by the Defendant or Defeitdints, jf |\, ( on such incidental dt^iinind, a further sum of S 5— That there he paid by the Defendant or Defciui.ints, his or their Attorney, '» upon eve'-y motion to quash the Writ 'oi' Proces!:., by nason of the insuffi- ciency of service or other irregularity, inciudini): all 'the proceedings of such motion, when unsuccessful, 10 A ' And when successful, " " l5 6 — And rhat there be paid by the plaintiffor Plaintiffs, his or their Attorney, in case the Writ or Process shall be quashed on such motion, IS 7 — And in case the action shall be dismis- sed upon any plea of exception, with- out etiquele or hearing on the mcri'8, oi there shall be paid by the Plaintiff or Plaintiffs, his or their Attorney, .1 5 (^ And by the defendant or defendants, his or their Attorney, - ^ 10 8 — And in case the action thall be discon- tinued before enqutte on the merits, there shall be paid by the Plaintiff or Plaintiffs, his or their Attorney, 1 S And if such discontinuance be made sfier enquete, * 1 10 That on such discont'nuance before eiu quite J there be paid by the Defendant or Defendants, his or their Attorney, 15 But after enquile^ 1 9— That there be paid by the Defendant or Defendants, his or their Attorney, on taking off a default and entering X •-•Jfi" -^'^n.v^ > > ntiffor incase uashed II dismis- »„ , with- =^' men's, ktiff or i 5 f^ idants. 1 h Jiscon- mcrits, itifF or made s. 6 d. 1 5 I 10 )re eiu endant ;1 orney, 15 o€ i O ?ndant orney, Ltering •7 ftppearaiicc when nothing further !s done by such Defendant or Defendants in the cause, 10— That there be paid by the party apply- £ iflg for atid obtaining an order for pro- • • ceeding by inscription en Jaux upon any Act, Deed, or Writing, produced » by the adverse party, for all fe the Prothonotaries, until final J nent rendered on such proceeding \ io be paid before any motion maue 'l- lowed in his behalf, 1 4» And by the Defendant or DLfendant"?, on such inscription en faux, to be paid at the time of filing his or their answer to the moyens de faux, 5 © ,1 — That in all actions en guarantee^ and on demands en enttrvcntions, in real and mixed actions, and in causes of and above thirty pounds, there be paid by the parties. Plaintiff and Defendant, on every such action en guarantee or in- tervention when the same is contested on half of the fees above allowed in original actions and when such ac ioa en guarantee or infervaition is by de- faults or not contested, there be paid by the party Plaintiff thereon, -And when such action en guarante(; or intfrvtnlioti is made for a sum or in a cause tinder thirty pound, ?nd the same is contested, there be paid by the party Plaintiff thereon. And by the Defendant, But if such action en garantie or inter- vention be not contested, or be by de- a 15 O 1 O 6 10 O \ \ t M ':k I IMAGE EVALUATION TEST TARGET (MT-3) //^.-^i^ K^ !.0 I.I K&iia 12.5 ■tt l&i 12.2 £ |£° 12.0 lit IL2^ III 1.4 Photographic Sciences Corporation 23 WBST MAIN STRUT WIBSTfR.N.Y. 145S0 (716) •72-4503 ) f> ^ V i» faVilt, there shall be pa!d by the party ' Plaintiff, on every such demand, ^ 16 And It is ordered, that the above fees on actions m^ ontie and en intervention^ be paid t^y the parties respecti 1y to the Pf dthonotaries in the sanie manner and at same time as the fees on original actions, are herein directed to be paid. ' And it is further ordered, that in the following cases, fees herein after mentioned shall be allowed and paid toi 'Said Prothonotaries, in lieii of what they might have bt entitled to claim by the aforesiaiid Tariff of the Vth Jo 1815. Art. I—That theire be paud bv the Plaintiff oir Plaintiffs, his or their Attorney, in all cases by default of or above thirty * pounds; when the cause is dismissed from want of proceedings during two terms, O 15 '2 — ^And if t^e cause be contested, 15 3 — And by the Defendant or Defendants, his or their Attorney, to be paid be- fore motion made or allowed in this behalf, O 15 4— And by the Plainti^ or \ti& Attorney, in causes by de&ult, when the cause is discontinued, ]5 ]-— If the cause be under thirty pounds, and by default, there be paid by the (■ Plaintifl^ or Plaintiffs, his or their At- torney, Id 2 — But if the cause be contested^ b 15 S— And by the defendant of defendents, his or their Attorney, 10s. when on his er their motions, to be paid before 9» tach modon made or aUowed. £ s. d. O 10 O -And by the plaintiff or plsdntiffs, his or their Attorney in dl causes by defeult when the cause is discontinued. 10 "Hat in all causes of and aDb^^-thiity pounds, and in all real and mixed ac- tions when the judgment is entered by default, or on confessicm, there be paid to the Prothonotaries as follows ; In causes by confessions. loo hi causes by de&ult where no EnquSte is had. 15 And m causes wh^e an Enqu^te is had. 2 ' cases of opposiHottt ihfi JoUomng hi aUawed and paid to the Wtaries oy the parties interested. On every opposition afincPannueUer, ^ s. d. qfin de distrmre^ox (^de cAor^e, there be paid by the opposent on motion for die discontinuance of any such opposi- tion, and before such motion made or allowed. O 10 And before modon made or allowed for I hearing on the merits of such opposidon I for all Fees undl judgment entered thereon. 15 [On all oppositions ajin de conserver [where modon shall be made for discon- [tinumg the same, and before such mo- tion made or allowed. O ( 5 (H M On the admission of any such opposi- j^ tion for a sum of or above thirty pounds, and for entering judgment thereon. 5 And for entering judgment, dismissing such opposition, to be paid by the par- ty making the motion in his behalf, and^. , before the same be recdved or allowed. 10 Upon every order or judgment, on motion for the payment of monies le- vied on Execution 5s, to be allowed in all cases as well below as above thirty pounds, and to be paid by the person demanding such order. 8. d. 5 In cases of opposition afin de conserver for any sum below thirty pounds, there be paid by the opposant discontinuing the same, and before motion made or allowed in this behalf. 5 On admission of any such opposition, and entering judgment thereon. 5 And for entering judgment, dismissing such o|^position on motion to be paid as above. 7 6 • . ■ Tor entering every judgment ofdistribtUion, and engrossing a copy thereof, there be paid andaiknoed asJbUovos t i »•• ^ ^ , When the sum levied ant) Se distri- £ $. d. "" buted, exceeds One Hun . Pounds, there be paid to the Prothonotaries. 17 6 "Whtn the sum levied exceeds Fifty Poui>d^:, and not more than one Hun- dred there be paid. o'l2 6 •If'*' «,' 91 i- j£ 8. d. h 5 'B r- id,. , d. 10 >n ie- in ty on 5 jre or 5 3n, 5 ng as 7 6 tg n copy thereof, i- £ %, d. O 17 6 ty ■n- O 12 6 When the sum levied exceeds Thirty j£ s. d. Pounds, but not more than Fifty there be paid. O 10 And when the sum levied is under Thir- ty Pounds there be paid. / 7 6 To be paid by the person demanding and receiving the copy of such judgment. And for all other duties performed or to be performed by (he said Prothonotaries in their office, for the deposit of mo- ney in their hands, the execution of Commission Rogatoires, writs of execution, copies of judgment, or rules or orders of the Court, the said Prothonotaries shall be entitled to de- mand and receive the allowances made to them by the afore- said Tarif of the 7th of June, 1815. And it is ordered that in future all Fees due or to become due and payable by suitors in this Court, or their Attomies, fofs b}]isinQss done or to be done in. Court, in any suit, cause or matter or thing no\y therein pending, or hereafter to be therein instituted, prosecuted or made, as well below as above Tl;)irty Pounds currency, shall be advanced and paid by such suitors or Attornies in the following manner. That in every cause by default or on confession, the fees due to the Prothonotaries shall be paid by the PlaintiHF or Plaintiffs, his or their Attorney, before motion made or al- lowed for final hearing and Judgment, or before motion made or allowed for discontinuing the qauses whether the same be by default or contested. That in all contested causes there shall be paid by the PlainiifF or Plaintiffs, his or their attorney to the said Protho- notaries, the amount of their fees until final judgment enter- ed in the causes, before motion made or allowed for final hearing thereon — and in case such hearing is to be had upon any motion or exception upon which the process may be quashed or the cause dismissed, the fees due to the Protho- notaries thereon, shall in like manner be paid before motion for such hearing made or allowed. i aatgg'-:::::.:;:.:::.^ f2 That thei^ be paid to the said Prothonotaries by the de% fendant or defendants, his ov their attorney, at the time of making any motion to quash the writ of process or of, filing any plea ot exception or plea to the merits apd before such motion ^|iall be made or allowed or such plea shall be recei- ved or filed all such fees as the. said I^omonotaries may be entitled to claim from such defendant or defendants^ until final judgment entered on such motion or plea. That upon all judgments entered and recorded in this] Court during the present term or hereafter to be entered and recorged, the Frothonotaries shall not be held or bound to expedite or deliver any writ of execution thereon, until the] fees due to them in the causes by the person or party. deJ manding such writ of execution shall haye been ^t paid. Ar' ■I ! SHERIFFS FEES, ♦IrT. 1 — ^For the slervice of every Writ of Sum^ j^ s. A mons, including a Copy of the same, in personal action, not exceeding 20/. Currency, 5 2 — For the like, in actions above 20/. Cur- rency, and not exceeding SO/. Curren- ''f cy, O e 8i ■ .f 3 — For the like, in actions above SOL •^ Currency, and in real and^ mixed ac- tions, > - 8 4 4— For every additional Copy, when more than one I^etiendant, one half more. 5 — ^For the service of every Writ of attach- ment, or «a*s/e-taries may be fendants^ until • orded in this to be entered held or bound reon, until the I or part^.dei II i^t paid. n- j^ s. dv. ne. 5 ir- ;n- O 6 fli 8 4 (re Art. 6-e»For the lervice on liert same oi every «f 8. ^ * writ of attachmeoit after Judgment, (the service of summons to the said lierji taisie included) exclusive of the service of summons on the Defendant. 3 4 7— The same fee for such service on every other iieri saisie when more than one. S 4 ' 8— f Warrant on every such writ and on every execution against . the chattels, the body or real property. 8 6 9 — ^For the service of every writ of Cap, ad resp, exclusive of the warrant and of the service of summons according to the above cases. 6 8 10-— For drawing and engros^g a bail bond and execution thereof. 10 O 2 6 1 i — ^For the assignment of the same. < 12— For service of a venire Jhcias for a spe- cial Jury. 2 13-— Ditto in causes above £50, 2 10 1, G 9 (The above io include all the duHes on such service together •with the returns. J 14— For every return of nulla bona or non £ s, d. est inventris on. every writ of bxecvLtion. 3 4 }S — For the execution of every order to re- deliver goods attached, or for the dis- charge of a person arrested. Q S Q 16 — For the entry of every opposition. 5 1 7- — For the return of the same. 2 6 94 AtLT, 18— For the return of everv writ of ezecu- £ a* d^ tion when proceedings have had therie- on with the said proceedings. 0^0 19 — ^For the service, levy and sales, on every execution whereby chattels or realties have been sold, two and a half percent ^ on the amount of sale. 20 — ^For every deed of sale of lands not ex- ceeding £30 currency. 1 O O 21 — ^For ditto above jf 30 currency, and not exceeding j^lOO. I 22— For ditto above jf 100. 2 23— For the service of a writ of possession and return. 1 ART 24^— For ditto with the aid oinosse comitate* 2 10 o 3 6 2J — For drawing advertisements and copies, for the Printer and tp publish at the Church door. O 16 26 — ^Ditto condition of sale. 6 O a a 8 a Fees to he allwoed to the Cryer and Assistant Cryer or Bailiff' diendin^ the Court and Judges, and to each of them. Art. 1 — On every summons, «?Oii every rule of nUi to obtadn an exe- £ s. 6» cudon or cap, ad aai, or conlrainte pat corps. 16 S — On every venire for a Jury. 16 6— And to the person attending and keep- ing the Jury. 05 1 O a 1 10 2 a L 1 3 4 1. 2 6 a s. e 16 8 6 a \ailiff attending Whkh abene Jees the Prothonotariea qf this Court are authorised and ordered to dernaud and receive on deUvering the Writs or Copies qf Rules, and of uhich fees they shedl render to the said Crtfer and AtsisUmt Cryer a true account every Term. £ 8. d. O 1 6 2 6 y3 4 11; :* V r i r h '' i / • i r •■■ -:■■ iV^vs^'^i-^- -- f -• A; 4ffidaviu Secti Fftgo. tJPON which a Camtit ad rttp. Sature of goods br attach- ment, or Saisie ReveHdicatton, may be applied for under the^fiat of a Judge, to be filed before the writ isauci. Appeals. Of Proceedinga in respect to . . m , . Directions Yor nu^i^ up the Record . m . . 8 11 S8 63 ib ib Appearance, Upon every appearance of a t)efendant in person, to defend any action, suit, or rule, he shall, at the time, make an Election of Domicile in the Town of A|ootreal, and where he may fail to elect such domicile, Plaintiff may proceed by a regular service of llules upon him, in the Prothono- tary's Office. - - - 6 7 No appearance to be withdrawn by an Attorney, without due notice to his client, and leave of the Court - - 7 9 Arbitres, No refei'ence to be made to, by Rule or order, or by consent before issue joined, and then only of the matter to which such Issue shall relate. .... ^i . 21 No Issue in wnriting to be raised upon the report of any, un- less specially ordered by the Court, but the same to be verbally heard on motion. - . . - - ib Arrest, 3d ib Of judgment. Motion for, when and how to be made, Pro- thonotary to enter the same in the Judges Book. - 33 53 ' When and how a motion in arrest of judgment is to be made by a party whose motion for a New Trial has been rejected 32 ib N . [I I ■ -■-■,(% '* 98 'l'i Attachment: No writ or, to he issued before affidavit filed. How to be indorsed. . . . • . Attomles, Every Attorney employed to enter an appearance for any person in any suit shall enter such appearance immediately after the opening of the Court, at the return day of the process. ......... 6 No Attorney shall sign any writ or declaration, nor appear for, nor defend any person in this Court, unless he may be duly authorised so to do. Evcrr Attomev who may accept a warrant to appear, and * wilfully neglect so to do, shall be suspended from the roll and practice of an Attorney. • - • 7 ib ib •ib ib ib No Attorney to countermand and withdraw his appearance, without due notice to his client and leave of the Court. ib No person shall change, shift, or withdraw his Attorney, in any cause, without a rule of th'is Court or an order of a Judge, after due notice to the adverse party or his Attor< ney. - - -. ib Every Attorney substituted in the place of another shall take notice of and be bound by all rules and proceedint^s, to which the former Attorney was or would have been liable, ib An Attorney who shall appear for any party in a suit shall be held and taken to be the Attorney of such party, in all matters and proceedings collateral and incidental to such suit, as well after as before final judgment. This rule not to extend to such proceedings after judgment as by special rules may require personal notice to a defendant on a judg. ment obtained, as rules Nisi for renewing arwrit of execu. tion, &c. »• - 7 9 No Attorney shall permit any one to practice in his name, upon pain of being interdicted and struck from the roll. ib ib No Attorney, Barrister, or Officer of the Court, to be Bail in any action .'■S?'. !•( % I ib ib Sect. Page ^ttomitt, consider 8 11 without ib 12 littomicfl of His A in this Ci which th lO Candida examinee he has the ProtI thereof- been affi] door of tl unless th( have stud continue! alreadv b tome Civi I case of a davit necc lath require be adinitti pedal, hon low taken i all taken b; specified ii the party be intitled ich assign! taken is nc Sect. Page 8 11 ib 12 in lil in 6 8 7 ib ib 9 ib ib ib ib ib ib 99 Sect. Page. I^ttornltt, Barriitera, and other Oflcen of the Court, to be considered aa pretent, and bound to answer any demand without service of sumraona. ..... 79 ttomies when dismissed or suspended from practice in any of His Majesty's Courts shall not be admitted to practice in this Court until readmitted to practice in the Court from which they have been so dismissed or suspended. - ib 10 io candidate for admission to practice at the Bar shall be examined by the judges, unless the contract under which he has served his clerkship shall have been cnregiatered in the Prothonories OiRce within three months from the date * thereof — nor unless notice of such examination shall have been affixed to and shall have remained on the principal door of the Court-House one week before the same ;— nor unless the candidate or the person with whom he shall have studied shall have made an affidavit of his regular and continued clerkship conformably to Law, or of his having / slready been called to the Bar, or entitled so to be, in tome Civil Court in His Majesty's dominions. - ib ib 1 case of application to be admitted as a Notary, what affi- davit necessary. -, - • • . • ib 11 lath required to be taken by Barrister'or Attorney before he be admitted to practice. - - • - ib ib 7 9 ib ib ib ib ' Bail, pecla], how taken in Term. - -. • •. 8 13 - low taken in vacation. - - - - ib ib . f lail taken by the Sheriff for the appearance of a party, to be ^ specified in his return upon the writ. - ib IS Bail Bond. the party does not appear on the return day, plaintiff* shall be intitled to an assignment of the Bail Bond. - ib 14 ich assignment not to exonerate the Sheriff if the Bail taken is not sufficient to secure the plaintiff^a debt • ' ib ib - "■» - • \\ lOQ Sect. Fkgi. Befendant iniij|r lurreader himself; ctr %e Mnrtniled bj kit Bail, at any time previous to an avsigmiMat of the Bail soad. A like surrender may be made at amr time before judgment against the Bail* or previous to a Rule upon the Shoiff to bring in the hpdy on payment of aH cost*. 8 U ib ib A Plaintiff may take an Asaignmnnt of a Bail Bond, and pro* secute thereon, but shall not obtain judigment until He may have established his debt agauist the defendant in the tm- ginal action. - - •, ' r - 3> Bai/iff: Every affidavit or certificate of a, respecting the service of any pleading, notice, &c. shall desdibe the manner, place and hour of such service.— Tn what cases the service may be deemed iasoPcieot. - - ■ -; SI SQ ih c. Capias ad Respondendum. • May ifsue without being accompanied by a dedantioii, which, however, must be filed in the Prothonotaries office within five days after the arrest, or upon the defendant if he elects a domicile in this city withm that time. AH returns to any Process Ad Respondendum^ to be signed by. the Officer to whom the writ is directed, and specify the manner, time, and place of such senic^. None to issue before affidavit filed. How to be indorsed. - - ... Bail thereon, how to be taken. - . • Persons arrested under, when to plead. To be committed to gaol until special hail given, and where no special bail is found, until two days wxx Plaintiff may have obtained a Writ of Ca. So. ■ - - When Cajp. ad Resp. is applied for under special circumstan- ces of Tort, Trespass or personal injury.^davit must spe- cify such circumstances. .... 4 « 5 7 8 11 ib 12 ib ib ib 13 ib ib ib 15 Sect. Ffegi, kit od. 8 H gment iriffto id pro* [p mar heim- fl> ill * i^ rice of- ', place xmay 81 SO B office lant if - * « nedby ify the 5 7 - 8 11 • ib 12 - ib ib - ib IS where b may ib ib Instan- Istspe- ib IS IDl Sect Pagt. |f an Attorney ad n^;otia, wishing to obtain a Cep. dd Besp. ca^ot swear lo a personal knowledge of the debtf he must produce an affidavit of the Creditor, his clerk or book- keeper. - - - - - - ® ^r In all cases where the writ of Cop. ad Rew. is not made re- turnable on th^ first day of Term, Defendant to have fifleen days to plea. - - - • 11 2ft Capias ad Satisfaciendum. Upon every 6nal judgment, obtained against any person, in prison, under a Capias, or Attachment, the judgment cre- ditor may, after fifteen days from the date of such judg- ment, sue out a writ of Ca, Sa. against the Debtor, unless he shall have lodged! security in the Prothonotary's Office to prosecute an Appeal. - -. - - d& J6 ^very person who ittay be confined under a Writ of Capias ad Respondendum, or be committed after surrender by his Bail, and not charged in execution upon a Writ of Ca. Sa, within two days after the Plaintiff might legally have ob- tained such Writ, shall be dismissed by an onler of the ()ourt, or of ai)y opie of the judges thereof in vacation. ib ik Certiorbri^ Writ of, AH proceedings upon, to be similar to the proceedings upon such Writ, in Westminster HaU* - - - - 21 29 Commission Rogatoire, Direction for the execution o^ - ' - - « 28 43 Form of the Qadi to b'* taken by the CommiMioners, - ib ib Do. by the Clerk, - ■ . . . ib 44 Do. by the Witnesses, ? . » . « • ib 45 Manner of examining the Witnesses, • - • ib 44 How the Commission is to be returned, • - • ib 45 l^ot to issue until after issue joined on the merits, except in cases of default, ^ . - - ' - ib 46 To be moved for four days after issue joined, if in Term, and if in Vacation by Petition, within the siUd period, to two o^ the Judges, for an Order therefore, - . ib ik \ I' n '} M 1! I JOS •fr^' /^ SecL Page Ilule 21st. of Sect. 27^ to be conformed to -in the iuuing of Commissiont Rogatoiret. • - •, - 27 IS No interrogatories or cross-interrogatories to be annexed to Com, Rog. (unless by consent of the parties, expressed by tlieir signatiires or that of their Attorneys thereto,) with- out an Order of the Court in Term, or of one Judge in vacation, notice having been given to adverse party, - 28 46 Computation of Time* On dclf ys granted upon the service of Summonses, Rules, &c. how to be accounted, • • - • 21 30 Coroner, All orders and rules for the conduct and regulation of the Sheriff, in the execution of his duty, to extend to the Coroner, where any part thereof shall be executed by him ib 2S^ Corroborative Written Evidence, Relative to any demand or defence may be filed before set- ting down the cause for trial, upon due proof being made that such evidence was not in the possession of the party at the time of filing his exhibits, • * • 14 28 ^ ^.'■'- * ,s• 22 ^l Causes when appointed for Enqufite or Examination of wit* nesses, to be inscribed on the Roll, and come on to be heard, unless cause be shewn to the contrary, - 27 37 Plaintiff's action shall be dismissed for default, in not pro- ceipding on the merits, and judgment entered against the party in default - - - - < ib ib If Defendant be in default, Plaintiff may proceed Exparte ib 38 No Witness shall be examined who has not been Subpoe- naed, or appeared tn the first day of the Enquete, ib ib If a further day be granted, it shall be conclusive, if no cause be shewn, and no further day allowed but on pay- ment of all costs, - - , - - ib 39 After the Enqudte opened and begun, no allegations shall be received of the absence of witnesses. - - 27 39 Every motion for delay to be supported by Ahidavit, and it shall be in the discretion of the Court or Judges, to direct the entire continuation of the Enquete, subject to pay- . • ment of Coats, and if no sufficient cause be shewn for ^M delay, and the party do not proceed, the action may be ,>^ distnissed, as by Art. 9 & 10 of this Section. ib 39 Either party may oppose and prevent a partial examination of Vitnesses, and thereupon he allowed costs of his wit-/ nesses'. attendance, and no further proceedings until costs t be paid. - . - - - - - ib «j Any Enqufete adjourned, shall be considered a continuation df the same day, - - - - - ib 41 A party not proceeding to e:;amine all or any part of his witnesses at the day of Enquete in vacation, shall be y-f bound to move on the first day of the ensuing Term for such examination, or he concluded and foreclosed, judg- nient may be awarded upon the circumstances of the case ib 41 id« hi 1 ; J h '.') K . 4" 'i r *:0- Sect Page) WItneues to be examined in every cause as called in rota> tion— attention of an Attorney to die examination of wit- ' nesses in one cause, not to be considered an excuse for non-tattentipn to another — and, in case of non-attendance of the Attorney or some one on his behalf, evidence to ^ be taken exparte. - • • • «• 17 48 Evidence Wriitetu In possession of an adverse I^^y> hbW otAafaied. ■ ^ , Evocation, 6f Causes (irom the Inferior Term. A Declaration contain- ing the special grounds of the demand to be filed by the Plaintiff within three days, inclusive, from the allowance of such Evocation, the parties to conform to the general rules of practice for filing pleas and exliibits, and bringing - the cause to issue, hearing, and judgment. - ib 86 ■**• -*?5 Ejrceptions, Declinatoire, dilatoire, or pcremptoire a la forme when txt be tiled, - • •• - - - - None *to be received or filed, unless such exception contain the, special grounds, ' - " ."" Deposit of money oh filing thereof^ : i . To be heard without answei*, if moved for by the Plaintifl', If a general answer be thereto made, no replication to* be filed, - - . - An exception peremptoire, which respects the right and not the form of the demand, and all other matters or ground of plea to the merits, shall be contained and «et forth in one and the same pleading, • c. . ' ,i < - To any interlocutory order or judgment, when to be filed, To be preserved among the records in the cause , To the regularity of sueing out and service of process and regularity of nling exhibits, ... When to be made, - v v ^, , ^ To be heard and adjudged, upon motion; ' "; 20 27 11 17 ib ib ib ib ib ib 11 It ib ib 25 33 ib ib 26 34. ib ib ib ib ■w.^.-H'^ -.» Sect Pag«i 17 42 ^i'C ib 86 ^ 27 11 17 ib ib ib ib ft, ib ib be . 11 It ■ ib ib d. 2B 33 ' ib ib and 26 34. ib ib ib ib 105 Ejcecution^ Sect. Page No Execution to issue on any judgment subject to appeal, until after fiiteen days from the date thereof, nor until twenty days from the date of such judgment, where the party, meaning to appeal, shall have given good and suffi- cient security, to prosecute the same, - •> 35 55 No Execution to issue on a judgment in any cause, wherein the several exhibits and evidence filed, may not remain of record, - - - . ^ - ib ib Register of writs of, to be kept by the Prothonotary, Entries therein, how made, - Access thereto allowed gratis. .' • . > ib ib ib ib ib ib 35 5& >fo Execution, to issue to levy monies from the Real Estate, until after a return of the execution to levy from the Per- sonal Estate, unless the debtor shall specially assent thereto, - - - - - ib 56 No execution for the levy of monies from chattels to be made returnable at a period beyond the next, ensuing Term. An execution to levy monies from the sale of chattels, and whereon no chattels have been attached, or such only as may in part satisfy the Plaintiff's debt, may be returned in vacation,' and upon the returning officer certifying that due diligence has been made, in the execution thereof, an exe- cution niiay issue to levy from the Heal Estate. . •• 135 56 Exhibits. Not to be withdrawn from any cause, after final judgment, un- - less by express order of the Court in Term, or by the order of two Judges in vacation, after due notice to the adverse party. - - - - " - - 15 23 Copies of such exhibits to be filed of record, before the ori- ginals are withdrawn. - - - - ib 2'1< Communication of e^^hibits filed, how obtained and for what length of time. - - - » - 16 ib No exhibit or act sous seing privc, or original paper writings, to be taken in communication. - - - ib ib |Dclay granted for filing of, with a plea, &c. in vacation. 19 27 *i' I '^ ,1- ) ■ (1 100 Sect Page. ^■} No exhibit nor paper of any description, shall be received or filed, in any cause unless the same be regularlv docketed with the title and number of the cause and the general description of such paper. .... 21 29 ^ Vide Arbitres. Experts, fV F. Fails et Articles, May be moved for at any time, after fiUn^ the deckuration until closing the Enquae, provided a motion be made that the same be had in b reauonable delay, satu retardation du JugemetU. - - - - - -29 4't No examination to be had after the evidence closed, nor af- ter a Venire Facias, issued for summoning a jury, unless upon special circumstances. ... . • . 29 ib A copy of the order for the examination on Faits et Articles^ ana a copy of the articles to be personally served on the party enjoined to answer, unless in cases where the said party may have appeared personally or by an Attorney, in which case the service of the order, and copy of the Paits et Articles at the actual domicile of the party may be held sufficient for proceedings thereon. • - - ib 4^ Bule 21 of Sect. 27, to be conformed to upon evely reserva- tion to examine on^its et articles. • ^ - • 27 42 No interrogatories or cross-interrogatories to be annexed to faits et articles (unless by consent of the parties, expressed oy their signatures or that of their attornies thereto,) with- out an order of the Court in Term or -of one judge in vaca- tion. -- -- . - -28 46 Answers to interrogatories to be taken by one of the Protho- notaries, without the presence of either Attorney; and, when engrossed, to be laid before the Court in Term or , one judge in vacation. • * * ^ 29 48 \^rit of, / Sect Page. 'edor keted ineral 21 29 ration ethat iondu lor af- unless 29 4t 29 ib b n the le said ley, ia FaUs held iserra- :ed to ressed with* vaca- rotho- ; and, irm or ib 4d 27 42 28 4^ 29 48 tor H. Habeas Corpus, Sect. Pag* \yrit of, proceedings on. 21 29 Habits qf Officer St Barristers and Counsel, ; To be the same as worn iq Westminster Hall. • • ^'"'"i. I, Incidental Demands, Nature of.- . . . Not to delay the Plaintiffs -. > Exceptions in cases of reconvention and compensation. 3e¥eral grounds of, to be stated in the same plea. The documents or exhibits on which the same may be ground- ed, to he filed therewith. Inscription enfmuc. When to be made. IS 21 ib ib ib ^ ib ib ib ib 11 19 Not to be allowed after Plea or Replication filed, except against any act or instrument offered in evidence, subse- 3uent to the plea or replication, if made previous to setting own the cause, on the Roll d'EnquSte or appointment for hearing on any issue at law. -. s- - Intervention, ib Hk To be moved for and filed, previous to the cause being finally heard — Notice thereof to be given to the parties interested. 18 26 Requite en, — ^how to be made • • ^ 18 it> Notice to be given to the party intertsted - • 14 ib ^i. .m' J 108 Ftroceedinffs thereon to be had conformable to the general Ruleb of Practice, respecting original actions When n6t made bv an Attorney of this Court, an election of Domicile to be made - - - - Sect. Pfegt 14 2G ib ib I". l,om Issues, In Bar to the Plaintiff's Action • - • 24* St To be heard on the day appointed, unless good cause be shewn to the contrary - - - - - ib Si M. Mandamus, Writqf, Ph)ceeding8 on, how regulated, Motion, >_.fr^ m^'- 21 29 Every motion to be made in writing and signed by the Ad" ,, vocate of the party making the same -' - 23 S2. When notice thereof is necessary • - ib ib. When to be made, for judgment upon the verdict of a jury, ib ib. When to be mt^de for Arrest of Judgment • • 32 43 •, ;/' "■.v. ^. 'V. . , , , H "ifci'v • New Trial Motion for, when and how made . - - - Not allowed after motion in Arrest of Judgment Frothonotary to enter motion in the Judges Book :•'.■', - . ,■_''•■ ■■"•',: 31 52. 1 for tl ib 53 1 ^ 33 ib 1 ;/ •/ **•_..., ^- Sect Fige. eral bioa 14 26 ib ib be 24 St ib 34 21 29. ■tC-U. : fid- 23 82. ib ib. ury ib ib. 32 ^3 31 52. ib 53 33 ib 109 O. Sect. Pnje Oppositions, How made and filed, > To contain election of domicile. I'annuller, ^ listraire, \ :harge, t :onstTver, j Afin de d'l Afin de distraire, Afin de charge Afin de conscrver, when to be made, 87 59 ib 60 37 60 Reasons of opposition to be filed by every opposnnt after due notice given, together with the several documents and writings, whereon the said opposition is grounded, and a certified list thereot, The rules of practice respecting original suits, and the course of proceedings therei-:, to be observed as the rules for proceeding upon claims preferred by opposition, Prothonotary to place up to public view in his ofiice, a list of the return of executions, on every day as soon as any execution is returned and filed. Mode and time of opposition to claims made in consequence of an Order for calling in the Creditors of a Defendant in a state of decotifiture, - - . Same rule to apply where the creditors of a deceased person are called in before the Court, and to claims by opposition afin de conserx'er, - . - - - Prothonotaries to keep a Register of the SherifiTs returns on ' Writs oi lixecutiun, '. . ^, . Orders. / ib ib ib 61 ib ib ib 62 ib ib ib ib Of a Judge in vacation, subject to an Appeal unless made by consent. - - - - - - 21 29 For the conduct and regulation of the Sherifi" to extend to the Coroner. - - - - - ib ib t^ ■ i--J,, %■. .■.■.'V.i;''-'i .'' 'i >V :\ "-J ■ ! '. 1 ; 1- 110 N I :-, Sect. ?•!••, Peremption or discontinuanet oj AciioM*^ At] suits pending before the Court, hy original opposition or. intervention, in which no proceedines shall have been had in open Court for, two succeeding lV?rms, to be deemed and taken as deserved 6y the party prosecuting the same, and be dismissed with costs, tipon the last day of the second Term in which no proceedings shall be so had, on motion for that purpose or any of the parties concerned, > and on default of such motion, the Court will ex officio dismiss the same, but without costs to either party, - Si 54 No cause shall remajn on the records after twelve Termf, unless sufficient cause be shewn to the contrary, and ei- ther party may on the first day of the thirteenth Term, move for and obtain a judgment of absolute perempUoi^ with <;o8ta. ■■ - - ' -. 34 S*^ Plea, When to be filed, - -t. > - \i 17. Every insufficient plea to an action, and every departure in, pleading to be oiamjssed with costs. - . ' 10 IGt Exhibitson which, a plea is, grounded, to be filed with the plea. - - - - . - 11 18 Fleas to actions founded solely on an acfe authenlique, to be special, not general ; otherwise no Enquite allowed the Defendimt. -. - -^ . . • ib 20 Before any plea, exception, replication, demurrer or other pleading be file«|, it must be entered on the list of exhibits, ' " and the date of filing be inscribed 00 such plea, &c. other- wise it will be rejected. - - ,^ - ib ib If a plea be not filed within the time directed by the Holes of Practice, the Plaintiff may proceed ex parte. - ib 21 Delay granted for filing pleas in vacation. ' . , 19 27 Pofwer of Attorney, ■ When to be produced and filed by the Attorney sillying out ■' any writ or process, at the instance of any person not resi- dent within this Province. - . - - 14 23 Plaintiffs Attorney failing to produce such power, at a day given by the Court, the Plaintiff'B action to be dismissed, ib ib i (/ .) • ""1. Sect Pkft.. in. 34 % 34 54^ 11 17 10 1^ 11 18 ib 20 ib ib ib 21 19 27 14 23 ib ib vS III Practice, Sect. Fagf. 29 ib SO Any point of, MtUed by judgment and entered on tj^e Pro- thonoUir's ** Book of the Rulet of Practice" ihall not be rearguea. ..--.- 21 PractkicHS, Mo reference to be made to, by rule pr order of this Court, or by consent before issue joined ; and then only of the matters to which such issue shall relate. No issue in wri- ting to be raised upon the report of any, unless specially ordered by the Court. . . . • Process, Service of, delays between service and return how rieckonM. 4 5&6 « No writ or process directed for service, which may express a declaration to be thereunto annexed, to be returned by the Sheriff or Coroner, unless the declaration or writing there<- in referred to, be annexed to the same. - - 4 6 On service of any Cap. ad Reap, notice to be given to defifen- dant, at- the time of serving the writ> that a copy of the ,; declaration will be ^eft for him at the Prothonotaries' office within five days fi'om such service. But Defendant, by notif^ine, withm the said five days, liis election of a domi- ile m this city, to Plaintiff or his Attorney, may require noi cile said copy to be served at such domicile. The returns of process to be made on t^e return dAy and en- tered of record, and the respective Defendants, where no appearance has been entered, to be openly called. All returns of process on Capias ad Respondendum to be signed by the officer to whom the writ may be directed, and speafy the manner, time, and place of sudi service, ib No writ or process to'lssue from Prothonotaries' Office with* out a Fiat : — the form thereof, tod consequence of altera- tion. - - - - - . - ib ib 5 7 ib Prohibition, , Writ of, proceedings on, how regulated. ^ Prothonotaries* ib ib 21 2d The place of keeping their office to be publicly notified on the door thereof. • - - • • S S i lit Sect Page'. Iloiiri of attcndnncc ia their office during Term time, to be porniunently hung up and exposed to public view in the ollicc. - » " - • • • Their attrndanec in Court particularly enioined during iti Hittin;; in Term, and aNo upon any of the Judges at any tinii* appointed in vocation. . . . • A fairly written Register of causes, with the proceedings therein, to be kept by them. - • • How causes are to be numbered. '• - • Tlocords of causes in which fmal judgment has been given t6 be depusiti'd in a box ; and a list of sucli causes in each liox to be deposited therein. . . . • All writings issuing from their office to be fairly written, without erasure or interlineation, figures or abbreviation, other than those necessarily descriptive of originals; other- ■mae, to be not considered authentic nor paid for. Attornibs presenting for taxation Bills of coat wherein there are charged disbursements to Protlionotaries, must pro- duce a receipt for payment from the latter, before such bills shall be taxed. - . - . - Prothonotarles to keep a register of the copies of declarations filed, the date of their being filed, and the dat^ of their being taken up by the Defendant or his Attorney. No Prolhonotary to be bo!) in any action pending in Court. Quo Warranto* Writ of, proceedings thereon. - - ib ib ib ib ib ib lb 7 4 4 ib ib ib ib ib 5 i^ 9 ai 29 - ■>", ■ R. ■ :■-.-■-:;■■ ' Records, No pleading, exhibit, or paper, filed in any cause, or any part or the record in a cause to be taken or withdrawn from the Prothonotaiy's office contrary to the sixteenth section of the Ilules of fVactice. - - - * 17 U Sect Page; ib ib ib ib ib 4 jb 4 ib ib ib ib ib 5 ib ii> 7 9 n ^ ...f- When to be filed, 119 Replication* fleet. Pagti 12 21 A list of the exhibits on which the replication it grounded to be filed therewith. - - • • • ib ib RottdPEnquite, For the examination of witnesses as well in Term, as out of . Term, and wherein entries of the proceedings hud tlicrc* upon may be made. - t Roll of Causes, To be kept by the Prothonotary, - -,%..* Mode of making out the same, - - Boll or diary for setting down causes,;, for hearing on mat- ters of Law or trial by jury, or for the examination of witnesses in Term, - ■ ^ - - ib A-:. ' , *:- :. \ Rules CgeneralJ for Pleadirtg, S;n 22 81 22 31 ib ib ib 17 M The rules of this Court, directing the filing of pleadings, writings, or papers, to be considered as peremptory, and ';' a neglect thereof as a default, - - - 21 23 Every rule made in the presence of the parties, or their At- tornies in Court, to be considered as suificiently notified without service thereof, . • - • ib ib How and when enlarged, . . . . ib ib Where service thereof shall be required, the same to be made upon the Attorney ad litem, and if no Attorney shall have appeared, such service sliall be made at the elected domicile of the party, . . . ib ib AH rules and orders, for the conduct and regulation of an Attorney, to extend to the party personally appearing, ib 29 Every order of a Judge, Obtained in vacation, to be subject to an appeal to the Court, . . . . i 3 ib Unless made with consent or otherwise acquiesied in, . ib ib P • -J ■•1*"- -*-» *'■ ]U Sect. Page. !No paper of any description to be received or filed by the Prothonotury, unless the same be docketed, with the title and number of the cause, » . . 21 29 Rule Nisi, No writing or written conclusions to be received on any, unless specially ordered by the Court, the validity of every such rule to be verbally heard, . . ib 30 s. Shetif. His office to hk publicly notified on the door thereof. Hours of attendance therein, . , Public notice of the office hours to be exposed to view in the said office, not exenapted fi-om personal attendance in Court during its sitting in Term time. How to make his returns, . . ^ - . Time specified between the service and the return, . . Not to execute process upon which bail is required,, without indorsing it, . . . ' . May be compelled to assign the Bail Bond, Not exonerated, if the bail is insufficient to secure the Plaintiff's rights. On his neglect to bring in the body, on th& rule for that purpose declared absolute, liable to pay the debt and costs, . . , •. . To return all writs, executions, and process at the return day, . . ... To distinguish in his return to writs of execution, how much he has levied from the sale of Chattels, and how much from the lands and tenements. To express in his return, to whom tlic lands or real e»tate were sold, and the conditions of sale, s t ib ib ib 3 5 7 4 5&6 ib 6 8 U ib ib ib ib 36 57 ib ib ib ib ! ■) Sect. Page. 21 29 ib 30 3 « • ib ib in in • ib 3 • 5 7 • 4 5&6 mt • ib 6 8 U ib ib ib ib rn . 36 57 ib ib ib ib US Sect. Page. To state by bis return the particular disbursements as well upon the sale of the personal as upon that of the real estate, and his several charges for fees, . . When different estates of one and the same person are seized under any writ of execution, to satisfy one or more judg- ments, the same shall be exposed to sale separately, and the several disbursements, fees, and charges, about the sale thereof, shall be kept separate and distinct, To keep a register of. executions and oppositions, Entries thereon, . . . . . A schedule of the oppositions, made on any writ of execu- tion, to be returned with the writ in Alphabetical order, Free access to be had to the Sheriff's. Register of Execu- tions gratis, . . . . . A copy thereof, with an Alphabetical index or reference, to be returned into the Prothonotary's office, on the first of January of each year, . . Every person sueing out a Writ of Sfiisie Revendication or Saisic Arret, must, on delivery of such process to the Sheriff, advance him a sufficient sum for the necessary expences of the execution thereof, Surrender^ Persons surrendered in discharge of special bail, not to remain in prison more than two Terms, afler judgment recovered, upon wfiicli a Ca. Sa. might be obtained, unless a Ca. Sa. is lodged with the Sheriff, whereby the debtor may be charged and detained, Z(j 57 ib ib ib 58 ib ib ib ib ib ib ib ib. ib 59 8 12 A defendant may surrender himself, or be surrendered by his l)ail, at any time previous to an assignment of the Bail Bond, .... 8 A like surr?nder may be made at any time before judgment against the hail, or previous to a rule upon the ShcvUf Ui bring in tiic body on payment of all costs, tl.at lave arisen by reason of tlie assignment of the Bail Uond, or of pro- secuting the bail, . . . ib 14 iD A debtor maybe surrendered and chan:frd to tbe custody of the Shta-ift" iu vaaitlcn, btl'oi-e one of the Judges, ib Ib \\, 116 Sect. Page. k »* ' f Trial by Jury, .-.f Notice to be given by the party applying for a Jury to the adverse party to attend to strike the Jury, How the Jury is to be struck, . . • Proceedings that may be taken if Plaintiff or Defendant, obtaining an order for trial by Jury, neglects to proceed during two days after issue, joined. Notice of trial to be given by the party applying for such jury to the opposite party, two fuU days at least before the trial shall be had, # Venire Facias to issue four days inclusive and the jury sum- moned twenty four hours before the return of the writ and the trial of the cause. ..... No venire facias to issue or be made returnable for the trial of a cause in any term, after the 15th day of the month. No written evidence, except such as may be filed in the cause, and wbereon the demand or defence may be found- ed and referred to in the pleadings, to be given to tlie jury or make part of the record. .... After the jury me sworn, the parties, Plaintiff and Defendant shall be called, and if neither appear the jury shall be forth- with discharged. If the Plaintiff appear, and the Defen- dant do not appear, his default shall be recorded and the evidence of the Plaintiff shall be heard exparte, and the verdict of the jury taken and judgment entered thereon. If the Defendant appears and the Plaintiff do not appear, the Plaintiff's default shall be recorded, and judgment of non suit thereupon entered, dismissing the Plaintiff's ac- tion, sattj'a se pourvoir, with costs to the Defendant. 30 If after the jury sworn, the Plaintiff shall choose at any time before verdict to become nonsuit, and he shall withdraw from the Court, the Plaintiff shall beealledand his default recorded, and judgment of nonsuit tlitreupon entered, dis- missing lii^ action saufa sc pourvoir, witli costs to the De- fendant. . . . .. . . ib ib 30 49 ib ib ib 50 ib 50 ib 51 ib 51 ib ib ib ib 52 For sumr jury sur writ and No ven/rel of a caul To be exi e\aaiin« No allowa each iss List of, to About to I sue joi The exam To be tes No genei Court ! td by ness, ! sluill 1 and ne 117 Sect. Page. . . 30 49 ib ib ib 50 ib 50 ib 51 ib 51 ib ib ib ib 30 52 ib ib - Sect. Page. ■."•■• V ' ' Venire Facias, For summoning a Jury to issue four days inclusive, and the jury summoned twenty four hours before the return of such writ and trial of the cause. . . . . ib 51 No venire facias to issue or be made returnable for the trial of a cause in any Terra after the 15th day of the month. 30 51 Witness. To bo examined by one Counsel and no more, and cross- examined by one Counsel and -no more. . . 21 30 Witnesses, No allowance to be made for subpccning more than six for each issue joined. . . . List of, to be filed in the proceedings. About to depart the Province, not to be examined until is- sue joi -d on the merits. The examination of, in vacation, to be moved for in Term. Writs. To be tested on the day they issue. . . . 21 29 ADDITIONAL. . Costs. No general vS^c respecting costs shall limit the ordor of the Court made under ijpecial circumstances, c.ui i a feci ar lut- ed by Tarilf or Rule for the perf()n..;ince of ccrla'i. busi- ness, sliall be deniar.dable when the Cian-t <.-■•: a J iJge shall not consider sucli business to have been rcj^ularly .•md necess;irily pciforuicd. . . , " . 40 QS 27 35 ib ib ib ib ib ib •r 118 Sect. Pag( Of Debtors in Gaol Their alimentary pension to be paid into the hands of the gaoler on Monday on or before twelve o'clock in the fore- noon. ■,.:» ■ ' * ■'■' » ■ ■■'• ■^■0'*\ Debtors claiming to be discharged in consequence of non- payment thereof, must make oath that a demand had been made, by themselves or some one on their behalf, on the gaoler. . • • :' . • . The Gaoler to keep a register containing the hour of recei- ving and paying the same. Copies of those three Rules, in both languages and certified by the Prothonotaries, to be conspicuously posted up in the Debtors' Ward in the Gaol. . ♦ 41 ib. ib ib ib ib ib 66 Actions of Assumpsit. In such actions, the Plaintiff must specify in his declaration all such declarations from the gross amount claimed as may be in his knowledge ; and to conclude for the remain- der only — And, he also, must file an Exhibit specifying ' such deductions and containing a notice of the precise amount of his demand. . . . . 42 66 Every plea must contain the specific grounds of defence ; — and no evidi'nce will be received unless in support of the special matters mentioned in the Plea or Declaration. ib 67 " Saide Arret, No final judgment shall be made against a Tiers Snhi in consequence of non attendance, unless i^ shall be proved that the service has been made on him personally — and, in every other case of legal services at his domicile, the i'ldgment against the Tiers Saisi in default, shall be pro- visional, admitting to appeal' on a future day. . 39 6i ( . Sect. Pag( II of the ' fore- 41 ik non- been n the • ib ib recei- • ib ib rtified up in ib 66 s )J ..'-. 'ation ed as main- ifying recise • 42 66 ce;— )f the . ib 67 >\ :* V lit m roved -and, , the ( pro- 39 6i f I 1 K ■ :t ^t^U^/.^' i^r^'i'H/' 5 RULES AND ORDERS OF PRACTICE IN THE PROVINCIAL ) : i : J I* ■A- tROVINCE 1 of > In tihe Provincial Court of Appeals Lowek-Canada. ) of the Term of Januaty, in the tortj' ninth year of the Reign of Our Sove* , . . , reign Lord GEORGE the THIRD, ' " b^ the Grace ofGOD, of the United ' ' Kingdom of Greta-Britain and Ire- .V.'!. landy KING, Defender of the Faith.. THURSDAY, 19M JANUARY, 5 3 t>RESENTi v -'•..■'* The Honorable Jonathan Sewell, Chief Justice of the Province, The H''»»»<^»' v^- and every Attorney hereafter to be admr.ted shall irUt, lerWia upon his admission make and file a like entry : and "•■'■"'^■»' f"^- as otten as any such Attorney shall change^ his ut'abn(!owhc« place of abode he shall make and file a like entry •«»*«'^"»^ o^ such change, and all Pleadings, Summonses, Orders, Rules md Notices which do not require - personal service, shall be deemed and taken to be sufficiently served, on such Attorney, if a copy thereof be left at the place last entered as aforesaid by such Attorney, with any grown person resident ut or belonging to such place ; and il any Attor- ney shall neglect to make such entry, he shall be deemed and taken to be resident without the limits of the City of Quebec, and bound to constitute an agent as herein-after is directed. VII. That every Attorney who not being resi- dent within the limits of the City of Quebec shall intend hereafter to practice in this Court shall, by an appointment in writing, under his signature, constitute some other Attorney of this Court, re- sident within the limits of the said City of Quebec ,u1cs'ac. on his agent, which appointment shall specify the ■««"«? whe* placeof such agent's abode, shall be subscribed or * indorsed with an acceptance of such appointment by such agent under his signature, and shuU be filed in the Oflice of the Clerk of this Court and by him be recorded in the register ; ant! all plead- ings. Summonses, Orders, Rules, Judgments and Notices which shall be served, as herein before or- dered in cases of service upon Attorneys, upon any agent so appointed shall be deemed and taken to be well and sufficiently served upon the Attorney who shall have so appointed such agent, and upon the party or parties for whom such xlttorney in the suit or suits to which such pleadings, Summonses, Orders, Rules, Judgments and Notices respec- tively relate, shall have appeared, unless the ap- pointment of such agent shall have been superse- ded by the appointment of another agent made in . ) Attorne;':' t •. sident out ii^ tliu liniits of Q(iel>er, (•> constitute a- gents, pLMiaU ty for ni'glocf, service of 1 1 'M >. y Postage of Records to be deposited u- poa issuing ths writ in Appeal from I 6 like tnannef , with leave of the Court upon motfbtr for that purpose, first had and obtained, or the matter be such an shall require a personal service thereof upon such party or parties ; and from and after the first day of March next, no Attorney who shall be resident without the limits of the City of Quebec shall sue out any writ of appeal or other- wise practice as an Attorney of this Court in any manner whatsoever, until such appointment of an agent as is herein-bcfore directed shall be made, filed and registered as herein-before is ordered. — And all suits now pending in this Court undeter- mined, in which any Attorney not resident within the limits c^ the City of Quebec shall have appear- ed for any party or parties, appellant or appellants therein, and shall not, on or before the said first day of March next file such appointment of an agent, as herein before directed, shall be deemed and taken to he deserted by such appellant or ap- pellants, and thereupon dismissed with costs ac- cordingly, upon the first or any subsequent day in term thereafter, upon motion for that purpose on the part of the respondent or respondents or either of them or by the Court Ex QfficiOj without such motion as may happen ; and all suits now pending in this Court undetermined in which any Attorney not resident within the limits of the City of Que- bec shall have appeared for any party or parties, respondent or respondents iherem, and shall not on or before the said first day ©f March next file such appointment of an agent as is herein before directed, shall be deemed and taken to be in the same plight and concirion as if no appearance for such respondent or respondents had ever been entered, and such course shall and may be had thereupon as in suits ex parte is by law directed. VIII. — That no writ of appeal from any interlo- cutory or definitive judgment given in the Court of King's Bench for the district of Montreal or in the Court ot King's Bench for the district of i \-^i » \ pon motiott ned, or the onal service id from and ttomey who the City of ?al or other- curt in any ment of an II be made, 1 ordiered.— art undeter- dent within lave appear. )r appellants he said first tment of an I be deemed ellant or ap- ith costs ac* qucnt day in I purpose on nts or either irithout such low pending ly Attorney ity of Que- er parties, shall not on next file rein before be in the earance for ever been lay be had w directed, any interlo- the Court ntreal or in district of Three-Rivers, shall issue in any suit until the party appellant in such suit shall have dt>posited in the hands of the Clerk of this Court the sum of four pounds to defray the postage of the i ecord in suit} and the overplus if any there be, &hall by the Clerk of this Court be paid to such appellant upon demand. IX. — ^That every writ of appeal as well from an interlocutory as fxpm a definitive judgment to be hereafter issued, shall be tested upon the date on which the same shall issue ; and every such writ shall be returnable in fifteen days from the day of the test thereof. X. — ^That every Prothonotary who without law- ful cause shall refuse or neglect to make return of any writ of appeal which shall be issued in any suit and by him be received within the period thereby allowed for the return thereof shall be deemed and taken to be guilty of a contempt of this Court. i,. XI.— That no writ of Appeal from any defini- tive or interlocutory Judgment sued out by an Attorney of this Court shall issue in any suit >mtil an appeara^nce for the appellant or appellants in such suit and a praecipe for such writ under the signature of sudi Attorney or of his agent in his behalf shall l>e filed in the office of the Clerk of this Court 4 and no other appearance for such ap- pellant or appellants shall be required or received except in the case of a change of Attorneys upon motion for that purpose, and the order ot this Court thereupon. XII. — That every writ of appeal as well from an interlocutory as from a definitive Judgment, which shall hereafter be issued shall be signed by the attorney of this court upon wliosc praecipe such writ shall issue or by the agent of such Attorney oh his behalf, if such Attorney be not resident whhin the limits of the City of Quebec. XIII.— That personal service of any writ of Ap- Montreol Bn<1 lUrM-luvur:. VMt« »f Ap. to U: tiiktiid. Trothonota. rica neglei'U iiig or refu- ^iiijK without lawful cause, to return •writs of Ap- peal guilty of cunti'iiipt. Writ of Ap. pai'an> cu for the vp- .pi'llant and ^ tpracipf. Every writ of ap]>eal to b(.> sinned by tl.- Atfoviiey for UiL-'appcl- Liiit or lUii a- gent. Wh.Tt ser- vice k4' 0. wxil 11 ( ) if appeal Rimll 1«e sufficient. i i ;i- ! if. > IPapera com- posing a re- cord, to be numbered & accompanied with an index. ■.-■•■•',, ^- .■• Appciuranc^ ftwlherespon- 'dent, when to be fyled, pen- .alty for neg- lect. tteosons of appeal, when to be iyied if demanded, penalty for %sg\aet. peat upon the Attorney ivB'o has appealf^d in tVe Court below, for the respondent or respondents, or in default of such service upon the respondent or respondents, at his, ha* or their domicile or iii de- fault of such domicile, upon the Attorney <»(/ n€g6' tia upon record in such suit, shall be held and ta- ken to be a good and sufficient service of such writ, with respect to such respondent or r^spondetits so served in such cases respective)^. XIV. — That the writs, pleading, exhibits and other paper writings which shall form and com- pbse any record to be hereafter transmitted to this Court, shall be marked at the head of each res- pectively, by the Prothonotary of thfe Court trans- mitting such record^ separately, liumerically, and progressively, from number one to the number iii- dicating the entire number pf such writs, pleadings, exhibits and 6ther paper writhigs, and that an m- dex of referente to the whole and to each by num- ber, title and description, under the signature of such Frothonotary, be by him annexed to such record. XV.— -That the. respondents in every suit and appeal depending in this Court, and each of theih do file their appearance in such suit in the office of the Clerk of this Court, on or before the eighth day hext after the day of the return of the writ of Appeal in such suit issued, and in default thereof such respondent or respondents shall be precluded filing any appearance in such 6uit, and thereu][K)h this Court will proceed to hear the matter of such suit and of the Appeal therein depending e.r partd on the part of the appellant only, and proceed to judgment therein without the intervention of such respondent or respondents. X VI.-That the reasons of Appeal in every suit be filed within eight days after the return of th^ writ and the transmission of the record and pro»i ceedings, without any motion or other application for that purpose, and if the reasons of Appeal shall ^t be s pondent by notic to the A demand of Appe notice a tibnofti due proc and -a ce such rea ahd the ifiissed V xvn. the reasc Caiendai \frritof A acnd taki p^Uantsi son of A a'ccordin day in T pose on 1 or eithei without i XVIII shall be < the answ( the answi every sui the reasc and if th< not be so lant's Ati by notice ed to the to deman and if su of such u iat^d in the indents, or pondent or ie or in de» ey ad neg^ lieldand ta- •f such writ, pondents so exhibits and 1 and com- mitted to thi^ of each res- Gourt trans- ericaily, and \ number in- s, pleadings, 1 that an m- aich by num- signature of ked to such ;ry suit and dch of theih the office of e the eighth F the writ of ault thereof le precluded i thereuj^ji Iter of such ng ex parti 1 proceed to tion of such n every suit turn ofthi rd and pro>i > application \.ppeal shall ^t be so filed, it shall be competent to the res* pondent's Attorney and to' his agent, on his behalf by notice in ixrriting, under his signature directed to the Attorney for the appellant in such suit, to dema^nd the reasons of Appeal, and if the reasons of Appeal \nthin four days after service o( sucl^ notice and demand, shall not be filed, upon mo* tion of the respondent by his Counsel founded upon ' due proof of the service of such notice and demand, . and ia certificate of the Clerk of this Court that such reasons of Appeal were not so filed, such suit ' ahd the Appeal therein depending, shall be dis* inissed with costs. XVn.— That every Suit and Appeal in which the reasons of Appeal shall not be filed .vithin one Calcfndar month troiti the day of the return of the \^rit of Appeal issued in such suic, shall be deemed aaid taken to be deserted by the appellant or ap« pfeUsuiitsin such suit so neglecting to file such rea* s6n of Appeal, and ther^pon di&>missed with costd accordingly, upon the first (or any subsequent) day in Tefin thereafter, vpon motion for that pur- pose on the part of the respondent or respondents, or dther of them, or by the Court Kx Officio without such motion, as may happen. XVIII.— That the issue in every suit in Appeal shall be completed by 'the reasons of Appeal, and the answers to such reasons of Appeal, and that the answers to the reasons of Appeal be filed in every suit within four days from the day on which the reasons of Appeal in such suit shall be filed ; and if the answer to such i'easons of Appeal shall not be so filed, it shall be competent to the appel- lant's Attorney, and to his agent, on his behalf, by notice in writing, underlies signature, direct- ed to the Attorney ifor the respondent in such suit, to demand the answers to the reasons of Appeal, and if such answers within two days after service of such notice and demand, shall not be filed, such •. • • . ^ * -" • . ..■-;■ 1:1 y/t->- R«aaon f% fqr a^. C»|nes bf M pleadings to be lenred, penal^ fb^ Cafwt, wnwe snd when to be iyled, penalty fir neglect. 1« rasppQden^ upon mot^n 9I tlie appelli^t by hit Counsel fouodeil upon due prooj^ of the service o£ buch notice and demand, and a certi|icaite oif t^e clerk of this court that suck ansvr^rs were not so filed, shall be wholly precluded from filing answers to such reasons o^ Appeal and thereupoa this court wUl proceed to hear the matter of such suit and of the Appeal therein depending, ^x parte on the part of the Appellant only, and proceed to judgment therein, without the intervention of such respondent. XlX.-x— That every suit in which the answers to the reasons of Appeal shall not be filed within ted, days from the day on which th^ reasons of Appeal in such suit shall be filed^ shfdl be deemed and taken to be deserted by the respondent aiid res- pondents in such suit so neglecting, to file, ^i^ph answers, and such respondent and respon^enta wholly preclu^^d from filing answers tjo such reasons of Appeal and thereupon this court will proceed to hear the matter of si^chsuit and the Appeal therein depending, ex parte, on the part of^the Appellant only, and proc(;ed to, judgment tberdn without the mtervention of sucn respon* dent. XX.-^Tfaat a copy of each pleading which shall be filed in any suit depending in this court duly certified under the si^ture of the Attorney bv whom the same shall be filed or his agent, shall be served upon the Attorney of the adverse pai in such suit or his agent, upon the day on whicl such pleading shall be filed, and in default ther< such pleading shall not be deemed or taken to be filed, and such course thereupon shall and may be had in such suit as might be pursued if such plea- ding had never been tiled. XXI. — ^That the cases of the Appel^t and respondent in each suit and Appeal to the number of six on each side shall from hencjeforth be filed by the Appellant and respondent respectively in Ihe offi AFtcr th him dis sh^llsi each s\ tile Ap deenied lahtj ai the first upbii m respond jpeali oi" without when th without shall tio Appeal his ctaset have so to be de lant heai tibn of I ^nd suet law and- stny sue! XXII. to the r( shall be 1 in sticK such sui such pai on a roll this Coui and two the adve pi^oof of to be h( thereafte and App tviihfbut ' -i- ■ .-yll --J . ilUi^t by hit the senrice^ certiAcaie o^ x&vfers vfere L £rom filing 1 thereupon (it^r of such. ag,^j: parte 1 proceed tQ itipnof such s answers to d within teoi IS of Appeal deemed and ;ntajtid r^ to file §^ph re^pon^enta in tfi such is court will mit an4 the on the part :o judgment ucn respon* which shall I court duly Aittorney by agent, shall verse party ly on which ault thereot taken to be and maybe such plea- peiiant and the number »rthbi^ filed pectively in we\, : > t r -*4 Ihe office of the clerk of this court within teil dayj^ iSvst the filing of the reaisons of Appeal knd be bf him distributed to the members of this CoUrt whd sh^U $it Br heating of such suit and Appeal, atid ' each suit, and Appeal iia which the Attorney ibir the Appeilaht shall hot so file his cases shul b,e (deemed and taken t6 be desmed by'suth Appef- lahtj and thereupon dismissed iccordiiigly uoidn the first or any subseqiieiit day in tenh thereaxter, upon motion for that purpose oii the psirt of the respondent or respondents, ih such suit and Ap^ jlieali oi" either of them or by the court Eof Officid without such motioil, as mky happeii, tirith costi wheii the respondent shall have filed hii casei, and without costs to either party when the res|M)nde>ht shall hot have filed his cases; and each Sblt and Appeal in which fhe Appellant shall have so filed his jpellant, Appeali, when to be set down for hpa» ring by the Court it nude before the day so fixed (if any other than thi^ first day of term) upon some sufficient ground to be authenticated by affidavit after one day's notice to the adverse party and due proof of the servic^. of such last mentioned notice. XXIII.— That when and so soon as the respoUf dent or respondents in any suit, as the case may. be, shall be precluded from appearing or having appeared shall be precluded from filing answer^ in such suit, it shall be competent to the Appelf lant or Appellants in such suit having filed his or their reasons of Appeal and cases to set down such suit for hearing upon such day ia term4 as. he or they shall see fit, by inscribing such suit on ih9 roll for hearing, without notice thereof to the re&r pendent or respondents so precluded, or to any, or either of them, and no suit so fixed foir hearing shall be put off without a special application to tho Court to be ^ade before the day so fixed (if any other than the first day of term,) upon some suf^ ficient ground authenticated by affidavit. XXlV.-^l hat all suits and Appeals which shall not be set down for hearing upon the motion o^ the Appellant or of the respondent in each syit; and Appeal respectively, on or beiore the last day of the term next after the day upon which the reasons of Appeal in such suit and Appeal shailt be filed shall forthwith by the ClerH of this Court be inscribed upon the roll for hearing in succes- sion, according to the days uppn which the reasons of Appeal in each such suit and Appeal respecti- vely shall be filed, and such suits and Appeals so inscribed and each of them shall thenceforth b^ and remain, set down for hearing until heard or otherwise disposed of, and if not otherwise dispos- ed of shall be called on and come on to be heard upon the first and subsequent days of the then next ensuing term and terms in the order in which they shall be so inscribed, and no suit or Appeal so inscribed upon the roll for hearing shall be taken ther than the It ground to day's notice. i£ the servic^. B the respoOf the case may- ig or having ilinfir answer^ the Appelf ; filed his or ;;t down such ^rm. as. he or fuit on ih9 di to the rcs« i, or to any, 1 fo^ h6eal respecti- l Appeals so nceforth b? itil heard or rwise dispos* to be heard of the then ier in which >r Appeal so all be taken herefrom, nor shall the hearing thereof be putofT without a special application to the Court upon some extraordinary and sufficient ground to be authenticated by affidavit after two days notice to the adverse party, an4 due proof of the service of such notice. XXV.Tr-That all suits which byoder of the ^ourc ej: (^ciOy or upon motion shall be set down for hearing on any particular day, shall be called on and heard upon such day (or as soon thereafter ^ Counsel be heard) according to the dates of such orders respectively and such suit f o set down being heard, ^he suits inscribed upon the roll for hearmg by the Clerk of this Court under and by virtue of the next preceding rule of practice and not otherwise disposed of, shall then be called on and heard as therein is directed. XXVI. — That every suit and Appeal fixed for liearing, in which (such suit being called on) the Appellant and respondent do not appear or are not ready to proceed shall be dismissed without qosts to either party. 1 hat every syit and Appeal fixed for hearing, in which (such suit being called on) the Appellant doth, not appear, and the res- pondent doth appear, shall be dismissed with costs to such respondent, and that every suit and Appeal fixed for hearing in which (such suit being called on) the respondent doth not appear and the Ap- pellant dotn appear and be ready to proceed, shall be heard on the behalf of suqh Appellant so ap- pearing i<> parte^ and sych order and decree thereupon made as to law and justice shall apper- tain, without costs in such case to such respondent. XXVII. — ^That, in all suits which shall hereaf- ter be heard in this Court, no more than two Counsel shall be heard, in opening or in answer, and one only in reply. XX VIII.— That when and so often as this Court shall be moved in any suit upon any special matter jiot appearing upon the record or proceedings filed * • .\ •.A ■ «*> ..^ Ordcr» U hearing for cause* set down to Iw heard. : J>i-* Course to be punued when the ap- pellant & re- spondent res- pectively, do not appear on the day fixed for the hear- ing or are not then ready to proceed. Counsel, how n:nny may be heard. Motion upon special mat- ten not ap- pearingontiw / , i )/ ■i u i>und«4 on Affidavit ami in such Buk, «uch spetUl tniittei', shall prtviotisT^ be authenticated by affidavit duly made before on6 of the Judges of this Cdtirt, tt^'.d a copy thereof and twodays notice of.such motion ihall be duly served ttpon theopjponent ot opponems, if such there b« iii such suit, ot the oarty making such motion* And no such motion shall be made or nkrdved until such affiibvit of such special matter and an affidavit of such service oC ^Uch notice aS aforesaid* shall be read and filed. XXIX.- ->1 hat in like mann^ir when and so ohcti as this Court shall be moved in any suit on the part of the appellant or respondent Upon any Sugges- tion or complaint of diminufion or of an irregular^ imperfect or undue return u\ any res|>ect, or upon any application to dispense with, change or mode- rate security, all facts essential to the support of su(^h motions br either of them not appearmg upon the record or proceedings filed in such suit shall previously be authenticated by affidavit duly made ix-forc ^ne of the Judges of this Court, and a copy £iwl^sw thereof, and two days notice of such motion shafr •iwweni tn. be duly Served upon the opponent (or opponents, kS*^il^^iSS if such there be in such suh) of the party mikiiig to midte wurji. such, motion. And no such motion shall be madft^ thS niL <"" received until vsuch affidavit of such facts (if such ^^ there be) and an affidavit of such service of such notice as afiiresaid, shall be read and fijed* Nor shall any such. motion be made and received in any suit (in which the retords and proceedifigs in suciV' suit shall have been transmitted by the Court be- low,) at any time after the filing of the reasons of Appeal, by such appellant or of the answers to the reasons of Appeal, by such respondent respective- ly, those cases excepted, in which the right of making such motions upon the iace of such rea- sons, or answers respectively shall be expressly- saved and reserved. Every mo- XXX. — Ihat when and so often as this Court Hw for «a sijaii be moved in any suit for an Appeal from any AIKkdsM- •cntial to tho iiipport of Motions Dp- on tlio coin> pliuiiUot' dj- minutioit,&c. to bv authen- ticated by af. tdavit, two. tlayNooUcfeof audi motiona t/t Im* givcil, and no tilch modoni to b«. revived after I prcTioustf before oh€ thereof and duly served I thereby ill ion. And no : until such affidavit oC it shall be nd so oftem on the part ny suggw- n irregular^ ct, or upon ;e or mode' support of >armg upon h suit shall duly made iand a copv lotton shall^ opponents, rty mslking tU be mad6^ cts(ifsuch ce of such iled. Nor Ved in any igs in sudi' Court be- reas(Mis of iverstothfi respective- e right of suchrea- expressly his Court from any tinterlocutory judgment, spch motion shall be ac- cofnpanied wuh copies of such interlocutory judg. inent, and of the pleadings filed in such suit, to- gether with copies of all exhibits filed, and of all J proceedings had in. such suit in the Court below rom the cotfunencement thereof until the entry of such Judgment in any way essential to the support of such motion ( And every such inotion which shall no^ be accompanied with such copies duly Certified, under the Signatiire of the Protbot^otary '<}f the CQiiUrt b^ow, sfii^U be dismissed with^ costs,, a^ no sucht potion shall be made or received at any tiime whatever after the first day of the term, of this Coitft ^^xt after the day of the date of such inter LpputQry Judgment, the April term of this Court excepted, during which any such mo- tion shaU h^ received until the sixth day of the tfi^vfi inclusive. XXXI.— Th^^t dveiy writ of appeal which shall be granted/or awarded from any interlocutory Judgment shall ^e su^d out within twodays after the date of the rule or order of this Court by Ayhich such, writ shall be so granted or awarded, and in default liiereof such writ shall not issue, imd such Rule or Ord^r shall no longer operate as a supersedeas of all or any .proceedings in such; «uit, in the Coui^t below. XXXIL— That all Pleadings, Notices, Sum- monses, Rdes, Orders and JudgiQents, y some Rule or Or- •der of practice or by some especial Rule o^; OidjE^ s^ade in such suit* expressly directed. i an iiiti'ilo* cutorjr JuUk* tncnl (u h» at'conipuniud witli i-opiM of Uio pliudingt and of all •xltibits and priicMUing* t'Kiienlinl to iht) Niipimrt of th« motion. Such mo. tion« fvliuii tw Every writ of appeal froaa ail interlocu- tory judg' ment to be ia- «ued withia two days af« tcr the allow, aiue tbaaaC, notJccH, Afc huwio.baiaau vwL .'jtl- i If \lf ^if i ' 'TWayt, ht. how to b« rwBputML CopiM at judgments in appeal, to be transmitted with the re- cord to the Court below. Ulieae rules extended to all suits in Error. Fees to be •flowed to Couiud, &C. XXilll.— That in all computations of time o* delay upon any Writ, Summons, Rule, Order or Judgment of this Court, or upon the filing or ser^ vice of any such Writ, Summons, Rule, Order or Judgttiehr, or df any pleading or notice, lind gene* rally upon and in all proceedin,^ whatsoever not otherwise particularly provided for, the day on' which such Writ, b>\immons. Role, Order oi^ Judgment shall be made, or upon which the filing or service of any such Writ, Riile, Ord^r, Judg)» ment, or of any such Summons, Pleading or No'-^ tice shall be had, or upon which such other pro** ceedings aforesaid shall in like manner be hadv shall not be reckoned 6r counted to be one, but every other day to which such computation of time shall refer Sundays and Holidays not except- ed, shall be reckoned and counted to be one, and no fractions of time shall in any such computation - be made or allo>wed, it being nevertheless provided that in all cases, in which any period allowed by any Writ, Summons, Rule, Onief, Rule of Practice or Judgment of this CouH, shall ekpire upon a Sunday or Holiday, such period shall ipsn facto stand enlarged until the then next juridical day. XXXIV.— That a copy of each and every judg- ment in consequence or by virtue whereof any record in any suit depending in this Court shall be remitted to any Court below, shall be annexed to such record and therewith remitted under the certificate and signature of the Clerk of this Court. XXXV. — That the rules and orders of practice herein before provided for suits in appeal, shall be deemed and taken respectively to extend to all suits in error. XXXVL— That the several fees by the Ordi- nance made and passed in the 20th year of the reign of our present Sovereign Lord Gborgb the Third, intituled, " An Ordinance for the rfegu- lation and establishment of fees" allowed to the Counsel, Attorneys and Officers of the Court of of time d^ , Order or ing or ser^ , Order or , tend gene* ifloever not he day on Order oi^ h the filing rd*r, Judg)» ing or No* other prO!» er be hadv )e one, but >utation of lOt except- c one, and )mputation- is provided iVfd by any of Practice ire upon a ipsn facto teal day. jvcry i ud^- lereor any irt shall be mnexcd to under the this Court, of practice lU shall be end to all * Appeal for serrices by them done and performed, shall continue and bo alluwcd to the CouiKsel, At- torneys and Officers of this Court for the like services when done and performed by them res* pectively until a table of tees shall be made and published. XXXVII.->-That all Rules and Orders of Prac- fwmet rui** tice heretofore made by the Provincial Court of JEJ"'""' Appeals for the late Province of Quebec and adopted by this Court and all Rules and Orders of Practice heretofore made by this Court be and the same and each and every of them are hereby rescinded and annulled. the Ordi* ?ar of the BO ROE the the r6gu- ed to the B Court of (i (J Ill l\ \ ': ;.' i'. >i ■ii- , \ ' ' V i' . .' ^' ' . -.' , ' * u V Ill recor IV \ A»^j ,,*.- 'n.t,\ f^ I , ^' r- ^ «*. SSTIDliSS i. — Court to be opened at 10 o'clock. IJ.~King'i Ceuniel, &e. to be habited in block, &e. III^—OfRce of the Clerk to be kept in the Court House of Qudioi^ recordi not to be thence removed witltout order. IV. — Office hours appointed. Attendance to be given, and Attomeyi^ Sec. to have tree access to the rccordit during office hours. V. — Schedule of Suits to be kept by the Clerk, and laid down before the Court on the Brat day of each term. VI. — Every Attorney to fyle an entry of his name and place of abode. Penalty for neglect, service of rules, &c. at sucli place uf abode whea sufficient. VII.— Attorneys resident out of the limits of Quebec, to constitute Agents. Penalty for neglect. Service of Rules, &c. on Agents when sufficient. VIII. — Postage of tlie records to be deposited upon issuing the writ, jn Appeals from Montreal and Thret-Rivers. JX. — ^Writs of Appeals when to be tested. X. — Prothonotaries neglecting, or refusing, without lawful cause, to return writs of appeal, guilty of Contempt. XI. — ^Writ of Appeal, not to issue without an appearance for the ap- pellant and a praecipe. XII — Every Writ of Appeal to be signed by the Attorney for the Appellant or his Agent. XIII.— What service of a Writ of Appeal shull be sufficient. XIV. — Papers composing a record, to be numbered and accompanied with an Index. XVtr-Appearance for the respondent, when to be fyled. Penalty for neglect. XVI — Reason^ of Appeal when to be fyled if demanded. Penalty for neglect. XVII.— Reasons of Appeal when to be fyled, if not demanded. Pen- ^ty for neglect. V5'- srs- / '■J )^C^ h v If XVIII. — Answer* wfien to bo fyled, if demanded. Penalty for neg« lect. luuu how completed. XIX. — Answer! when to be fyled, if^not denumded. Penalty for neglect. XX. — Copies of all pleadings to be served. Penafty for neglect. XXI. — Cases where and when to be fyled. Penalty for neglect. XXII. — Appeals when to be set down for hearing upon issue joined, by the partien, XXUI. — Appeals when to be set down for hearing ex parte by the Appellant. XXIV. — AppcaU when to be set down for hearing by the Cmirt. XXV.~^Order of hearing for causes set down ^o be heard. XXV'I. — Cou.'se to be pursued when the appellant and respondent Tespoctively do not appear on the day fixed for the hearing or are not then ready to proceed. X^VII. — Counsel, how many may be heard. < XXVIII Motions upon special matter not appearing on the record, to Lo founded on Affidavit, and two days notice. XXIX. — All facts essential to the support of the motions upon com- plaititB of diminution, '&c. to be authenticated by affidavit, two days notic;; of such motions to be given, and no such motion to be received after the fyling of the reasons or answers respectively, unless the right to make such mution !>e therein reserved. XXX. — Every motion f )r an \ppeal from an interlocutory judgment, to be iccompanJed with c >pi''s o'' the pleadinj^s and of dl exhibits and proceedings essential to the support of the motion. Such motion when to be made. • XXXI. — ^ivery writ of Appeal from an inteilocutory judgment, to be ssued wititin two days after the allowance thereof. ^ XXXII. — Pleadings, notices, &c. how to be served. XXXIIl. — Delay, &c. how to be computed. XXXIV. — Copies of Judgments in appeal, to be transmiited with the record to the Court below. XXXV. — These rules extend to all suits in Error. ^ XXXVI. — Fees to be allowed to Counsel, &c. * XXXVII.>»Former rules of practice rescinded. ■/", ■ ■> #,^ , ■ C , ■ "' naltjr for neg* Penalty for r neglect. neglect. I iMUC joined, K parte by the te Court, •d. id respondent ig or are not n the record, >n9 upon com- yit, two days to be received less the right ►ry judgment, I exhibits and Igment, to be itted mth the