rules and orders 
 
 OF 
 
 PRACTICE, 
 
 
 /frr/~ 
 
 MADE FOR THE 
 
 Court of king's Bettcfr, 
 
 District of Montreal , 
 
 FEBRUARY TER31, 
 
 
 1811 . 
 
 Montreal: 
 
 PRINTED BY NAHUM MOWER, 
 
 AV $8, St. Paul Street* 
 
 1811 . 
 

TABLE OF CONTENTS 
 
 SECTION I—Of the Court. 
 
 SECT. II.—Of the Habit* of Officers, Barrifters, 
 and Counfel. 
 
 SECT. III.—Of the Sheriff and Prothonotaries. 
 
 SECT. IV.—Of Service of Procefs. 
 
 SECT. V.—Of the Return of Procefs. 
 
 SECT. VI.—Of Appearance, Election of Domi¬ 
 cile, and Default. 
 
 SECT. VII.—Concerning Attornies, and of their 
 Profecuting and Defending Caufes. 
 
 SECT. VIII.—Of Capiat ad respondendum —Of Spe¬ 
 cial Bail—Of Surrender, and of Debtors— 
 Detention in Prifon. 
 
 SECT. IX.—Of Security for Cofts, by perfons 
 profecuting Suits, &c. who are not refident 
 within this Province. 
 
 SECT. X.—Of Declarations, and Pleadings there¬ 
 to relating. 
 
 SECT. XI.—Of Pleas, Exceptions, Dilatory Pleas, 
 and Infcription en faux. 
 
 SECT. XII.—Of Replications. 
 
 SECT. XIII.—Of Incidental Demandt. 
 
iv 
 
 CONTENTS. 
 
 SECT. XIV.—Of Filing Deeds, &c. whereon any 
 action may be grounded ;—And of Filing 
 other corroborative Written Evidence. 
 
 SECT. XV.—Of Withdrawing Exhibits. 
 
 SECT. XVI.—Of Communication of Writings filed 
 in any caufe to be offered in Evidence. 
 
 SECT. XVII.—Of Records. 
 
 SECT. XVIII.—Of Intervention. 
 
 SECT. XIX.—Of Pleas and Iffues to be formed 
 during Vacation. 
 
 SECT. XX.—Of Filing Declarations, &c. on Evo* 
 cation of caufes from the Inferior Term. 
 
 SECT. XXI.—Of General Rules for Pleading, and 
 of other Proceedings. 
 
 SECT. XXII.—Of Trial of Caufes at Iffue. 
 
 SECT. XXIII —Of Motions, and hearing thereon. 
 
 SECT. XXIV.—Of Hearing on Law Iffues. 
 
 SECT. XXV.—Of Exception to any Interlocutory 
 Order or Judgment of this Court. 
 
 SECT. XXVI.—Of Exceptions to the Regularity 
 of Service of Procefs and Affidavits thereon, 
 and of Exceptions to the regularity of 
 Filing Exhibits, and their fufficiency. 
 
 SECT. XXVII.—Of Witnefles, and their examina* 
 tion—Of Evidence, and of Enquete. 
 
 SECT, XXVIII,—Of Commiflions Rogatoires. 
 
CONTENTS. 
 
 V 
 
 SECT. XXIX.—Of Faits and Articles. 
 
 SECT. XXX.—Of Trial by Jury. 
 
 SECT. XXXI.—Of New Trials. 
 
 SECT. XXXII.—Of Arreft of Judgment. 
 
 SECT. XXXIII.—Of the Entry of Motions for 
 New Trials, or in Arreft of Judgment. 
 
 SECT. XXXIV.—Of Peremption, or Difcontinu* 
 ance of Actions. 
 
 SECT. XXXV.—Of Executions. 
 
 SECT. XXXVI.—Of the Sheriff’s Office—Upon 
 the Receipt and Return of Writs—And of 
 Levies and Sales under Execution. 
 
 SECT. XXXVII.—Of Oppolitions to the Sale of 
 Effe&s and Eftate, feized by execution, or to 
 the diftribution of the proceeds of 
 fuch fale. 
 
 SECT, XXXVIII.—Of Proceeding in refpecl to 
 Appeals. 
 
 
 
V 
 
 Court of lung's Bencf). 
 
 MONTREAL. 
 
 jfebruarj Cmn-isn, 
 
 WHEREAS it is expedient to connect, alter, and. 
 amend the several Rules of Practice of this 
 Court, made previous to the present Perm: 
 
 It is therefore ORDERED——That all the said 
 previous Rules of Practice be Rescinded , 
 and that the several Rules and Orders, here¬ 
 after expressed, be strictly observed and con¬ 
 formed to by the several Advocates, Attor- 
 nies, Officers, and other persons whom it max 
 concern. 
 
 SECTION I. 
 Of the Court, 
 
 'HAT the feveral days here¬ 
 in after mentioned shall, in 
 
 ARTICLE 1 .^ 
 
 each Term, refpettively be held to be Holy days* 
 within the intent and meaning of the 7th Seftion 
 of the Provincial Statute of the 34th of Ilis Ma« 
 jefty George the Third, Chap. 6 ; That is to fay— 
 The firft day of January, Circumcifion, Epiphany, 
 Annunciation, Afcenfion, Good Friday, His Majes- 
 
ty’s Birth Day, Penteeofte, Corpus Chrifti or 
 Fete Dieu, St. Pierre and St. Paul, Affumption, 
 All Saints, Conception, and Chriftmas-Day ; And 
 that on thefe feveral Holy Days, this Court fhall 
 not fet or be held, but that on every other (Sun¬ 
 days excepted) it fhall fit and be held in each 
 Term reflectively. 
 
 2. And it is ordered that the office of the She¬ 
 riff and of the Prothonotary fhall be open, and at¬ 
 tendance therein refpe&ively given on every day at 
 the hours by the Rules herein appointed, except 
 on the above Holy-Days and Sundays. And that 
 all the feveral rules of this Court, wherein an ex¬ 
 ception may be contained for the non.fervice or 
 filing of pleas on a Holy Day, fhall have relation 
 only to the Holy Days above declared. 
 
 SECTION II. 
 
 Of the Habits of Officers , Barristers and Counsel.\ 
 
 IT is ordered, that the feveral officers of this 
 Court, in the exercife of their refpedive offices in 
 Court, do appear habited in gowns, fuch as are 
 worn by like officers in His Majefty’s Courts in 
 England ; and that the feveral Barrifters and Ad¬ 
 vocates do appear in Court habited in fuch gowns 
 and bands as are worn by Barrifters of fimilar de- 
 gree at Weftminfter Hall. And that this Court 
 will not hear any matter moved by any Barrifter 
 or Advocate, who fhall not appear fo habited when 
 moving the fame. 
 
SECTION III. 
 
 Of the Sheriff and Prothonotaries Offices. 
 
 SHERIFF.—That the Sheriff’s Office be by fuit- 
 able means publicly notified on the door thereof $ 
 And that he do by himfelf, or fome proper perfon 
 by him authorifed, attend in his laid office every 
 day in Term time, where free accefs may be had, 
 from the hour of eight in the morning to fix in 
 the afternoon, from the firft of April to the twen¬ 
 tieth of October, inclufive ; and from the hour of 
 nine in the morning to five in the afternoon in 
 the Terms that may be held from the twenty firft 
 of October to the firft of April. And that during 
 the vacation, attendance as aforefaid fhall be giv¬ 
 en in the faid office from the hour of eight in the 
 morning to noon : and from two to fix in the 
 afternoon, from the firft of April to the twen¬ 
 tieth of October, inclufive : and from the hour of 
 nine in the morning until noon, and from tw'o 
 till half paft four in the afternoon, from the 
 twenty firft of October till the firft of April — 
 Sundays and Holy Da\ s excepted. And that the 
 Sheriff do permanently expofe in his office a 
 public notification of the refpective periods and 
 times, above directed, at wdiich his faid office will 
 be open for difcharge of the duties thereof. 
 
 2. that the attendance in the Sheriff’s Office, 
 directed as aforefaid, fhall not, in any manner, 
 obftruct or excufe his perfonal attendance in 
 Court, and during the continuance of the Court’s 
 fitting in Term time, which is hereby enjoined and 
 directed. 
 
 PROTHONO FARIES *—i. That the Office of 
 the Prothonotaries be by fuitable means publicly 
 
 2 
 
notified on the door thereof ; and that they do 
 by themfelves, or proper perfon or perfons, by them 
 authorifed, attend in the find Office or Offices, 
 whereby free accefs may be had to the Records 
 of this Court, and fuch other bufinefs performed 
 as pertain to the duties of their office, every day 
 during Te rn time, from the hour of eight in 
 the morning to fix in the afternoon, from the firft 
 of April to the firft of November ; and from the 
 hour of nine in the morning to five in the after¬ 
 noon, in the Terms that may be held from the 
 firft of November to the firft of April. And that 
 during the vacations attendances as aforefaid ffiall 
 be given in the faid Office or Offices from the 
 hour of eight in the morning until noon, and from 
 two till fix in the afternoon, from the firft of 
 April to the firft of November ; and from the 
 hour of nine in the morning until noon, and from 
 two till half paft four in the afternoon, from the 
 firft of November to the firft of April ; Sundays 
 and Holy Days excepted. And that the Prothon- 
 otaries do permanently expofe in their Office, a 
 public notification of the refpective periods and 
 times above directed, at which their faid office will 
 be open for difcliarge of the duties thereof. 
 
 2. That the attendance in the Prothonotaries 
 Office, above directed, fliall not in any manner 
 excufe or obltruct their perfonal attendance in 
 Court every day, and during the continuance of 
 the Courts fitting in Term time, nor a like 
 perfonal attendance upon any of the Judges of this 
 Court, at any fitting that may be appointed and 
 held during vacation, which attendance is fever al¬ 
 ly hereby enjoined, and upon the laid Prothon- 
 otaries refpe&ively directed. 
 
SECTION IV. 
 
 Of Service of Process. 
 
 i. THAT on all original fuits or process, re¬ 
 quiring any defendant or perlon to appear in this 
 (. ourt to anfwer or defend, and when fuch per- 
 fon may refide within the town of Montreal, or 
 at the diftance of one mile therefrom, due iervice 
 of fuch procefs ihall be made two whole days, 
 or forty eight hours, previons to the return there¬ 
 of. 
 
 а. And the like fervice of procefs Ihall be made 
 at the feveral periods, and conformably to the dif¬ 
 tance of the place of refidence of fuch defendant 
 in the feveral cafes following. 
 
 3. And where the defendant may refide out of 
 the city and fuburbs of Montreal, and within a 
 diftance not exceeding fifteen leagues, due fervice 
 Ihall be made, five whole days previous to the day 
 of the return of the laid procefs. 
 
 4. And when fuch refidence may be from fifteen 
 to twenty leagues diftance, the fervice Ihall be 
 made fix whole days previous to the return. 
 
 5. And where from twenty to thirty leagues, 
 the fervice Ihall be made eight whole days previ¬ 
 ous to the return. 
 
 б . And where the defendant’s refidence may ex¬ 
 ceed thirty leagues, then fuch fervice (hall be made 
 conformably to the fpecial order of one of the 
 Judges of this Court, upon due confideration of the 
 fealon of the year and lituation of the defetidant’s 
 refidence. 
 
7 - T hat the Sheriff or Coroner to whom any 
 procefs or writ may be directed for fervice, and 
 which may exprcfs a declaration to be thereunto 
 annexed, do not make any return into this Court 
 upon fuch writ, unlefs the declaration or writing, 
 therein referred to, be annexed to the fame. And 
 if any fuch return be made, the fame (hall be taken 
 from the Records of this Court, and no proceed¬ 
 ing had thereupon. 
 
 8 . That on the execution of every wrifof Capias 
 ad respondendum , the fervice Ihall be held fufficient, 
 if the declaration whereon the action may be 
 grounded be filed in the Prothonotary’s Office, and 
 due fervice of a copy thereof made on the de¬ 
 fendant, two days after he may be apprehended 
 and taken on fuch writ, and not otherwife. 
 
 SECTION V. 
 
 Of the Return of Process . 
 
 I. THAT the firft bufinefs of the Court, at 
 every fitting, be to receive the returns on the fer¬ 
 vice of Procefs, and that the fame be entered of 
 record ; and the refpective Dependants, where no 
 appearance may have been entered, be openly call¬ 
 ed for appearance, and the legal courfe of proceed¬ 
 ings taken thereon. 
 
 II. That all returns upon any Procefs ad ref- 
 pondendum , Ihall be made and figned by the Officer 
 to whom fuch writ may be directed, and Ihall 
 fpeeity the manner, time, and place of fuch fer¬ 
 vice ; and particularly the Parilh and County, in 
 which fuch fervice has been made. 
 
*3 
 
 SECTION VI. 
 
 Of Appearance , Election of Domicile , and Default. 
 
 1. IF at the return of any procefs or rule of 
 this Court, the defendant thereupon Ihall perfonally 
 appear in Court to defend any a&ion, fuit or rule, 
 againft him brought, he {hall at the time of fuch 
 appearance make an Election of Domicile in the 
 Town of Montreal, and which {hall be confidered 
 as his place of legal refidence to all intents and 
 purpofes, refpe&ing and during the profcecution 
 of the faid attion, rule or proceeding. 
 
 2. And where any defendant may fail to ele<T 
 fuch domicile, the plantiff may proceed in the caule, 
 by a regular fervice of rules and other legal adts, 
 upon the defendant, in the Prothonotary's Office, 
 as his legal domicile and place of refidence. 
 
 3. The above rule for the Election of domicile 
 Ihall alfo extend to all defendants who may perfon- 
 atty take upon them the defence of any fuit, in 
 any ftage of a caule, after the return of proccfs. 
 
 4. That in all caufes where a return of fervice 
 be made on any procefs of fummons, and the de¬ 
 fendant may not perfonally, nor by an Attorney, 
 have duly entered an appearance on the return day 
 of fuch procefs, and during the fitting of the Cou t, 
 the Prothonotary do, immediately after the riling 
 of the Court, on the refpective days of return, 
 enter on fuch procefs a note of fuch non-appear¬ 
 ance or default, and in every cafe where fuch de- 
 faut may be fo entered, the plaintiff may, on the 
 third day of the Court, after faid return day, 
 move that the defendant may be called for his ap- 
 
»4 
 
 pcarancc ; and failing to appear, a judgement of 
 default may conclullvely be entered, and the me¬ 
 rits of the plaintiff’s demand be examined, heard 
 and adjudged upon ex parte , at fuch day as may 
 be appointed for that purpofe. 
 
 5. It is ordered that every Attorney employed 
 to appear for any perfon, in any fuit in this c ourt, 
 do enter fuch appearance immediately after the 
 opening of the Court, at the return day of the 
 procefs, and that in every cafe where no fuch ap¬ 
 pearance may be entered the Prothonotary do caufe 
 the defendant, or perfon bound to appear, to be 
 called previous to making the default directed by 
 the rules of the Court in fuch cafe made. 
 
 SECTION VII. 
 
 Concerning Attornies , and of their Prosecuting 
 and Defending Causes . 
 
 1. IT is order that no Attorney fhall fign any 
 writ, procefs or declaration, nor appear for, nor 
 defend any perfon, in this Court, unlefs he may 
 be thereto duly authorifed. 
 
 2. That any Attorney who may accept a war¬ 
 rant to appear, fhall duly make appearance for fuch 
 patty ; and wilfully neglecting fo to do, fhall be 
 liable to be fufpended from the Roll and practice 
 of an Attorney of this Court. Nor fhall any At¬ 
 torney be received to countermand and withdraw 
 fuch appearance without due notice to his client, 
 and leave of the Court, 
 
1 6 
 
 the ieveral Officers of this Court, fhall refpecfive- 
 ly be held and confidered as perfonally prefent, to 
 anfwer every legal claim, fuit and demand, that 
 may be preferred againft either of them by any 
 perfon whomfoever ; and fhall be bound to an¬ 
 fwer the fame, without the fervice of procefs of 
 fummons, requiring an appearance to anfwer any 
 fuch demand ; the courfe of proeedings being, in 
 every other refpecf, conformed to according to 
 the general rules of pra&ice. 
 
 9. That no Barrifter or Attorney, who fhali be 
 legally difmified or fufpended from pra&ive, in 
 any of His Majefty’s Courts of Law, fhall be ad- 
 mitted to practice in this Court, until fuch Bar¬ 
 rifter or Attorney fhall have been readmitted to 
 pra&ice in the Court in which he hath been fo 
 difmiffed or fufpended from piadice. 
 
 SECTION VIII. 
 
 Of Capias ad respondendum —Of Special Bail—’ 
 Of Surrender and of Debtors—De¬ 
 tention in Prison . 
 
 1. IT is ordered that every plantiff or his At¬ 
 torney, who may obtain the fiat of any judge of 
 this Court for a writ of Capias ad respondendum , or 
 feizure of goods by attachment, fhall at the time of 
 applying to the Prothonotary for procefs thereup¬ 
 on, exhibit and file the affidavit upon which the 
 faid fiat was obtained. And that no Prothonota¬ 
 ry, of this Court do prefume to grant any writ of 
 Capias ad respondendum or attachment, until the 
 
*7 
 
 affidavit aforefaid (hall be filed of record. And eve¬ 
 ry defendant (hall be entitled to a copy of fuch 
 affidavit of record as aforefaid. 
 
 2. That upon every Capias or procefs ad respon¬ 
 dendum, upon which bail is required, or upon an 
 order of saisie and attachment, when the goods 
 attached may be legally claimed and retained, or 
 repoffeffed, upon giving fecurity, the Attorney or 
 perfon obtaining fuch writ, fhall ir.dorfe upon the 
 faid writ or procefs, that the fame hath been ob¬ 
 tained upon affidavit, and the amount of the fum 
 fworn to, for which bail or fecurity fhould be re¬ 
 quired, in the lorm following :—“ lffued upon the 
 “ affidavit of —— ( expressing the name,) for the 
 
 “ fum of-( expressing the same in words And 
 
 fuch indorfement fhall be figned by the attorney, 
 by whofe miniftry (or Plaintiff, if by him perfon- 
 ally obtained,) the laid writ or procefs may have 
 iffued. 
 
 3. And it is ordered that no fuch procefs, re¬ 
 quiring a perfonal arreft of the body or an attach¬ 
 ment of goods, fhall be executed, unlefs there be 
 thereon the indorfement above mentioned. 
 
 4. That whenfoever any perfon arrefted upon 
 a Capias ad respondendum or attachment, may be 
 delirous to enter fpecial bail, the fame fhall be taken, 
 if in Term time, in open Court, after due notice of 
 two full days, or forty-eight hours to the plaintiff 
 or his Attorney in the caufe ; in which notice fhall 
 be expreffed the names of the Bail propofed, their 
 refpettive occupations and place of abode, to the 
 end that the plaintiff may, at the time of putting 
 in fuch bail, require the perfons, fo becoming bail 
 to juftify upon their fufficiency, to anfwer the debt 
 and cofts, in cafe the defendant fhall fail in the ac¬ 
 tion. And that every plaintiff who shall neglect 
 
 3 
 
to require fuch juftification, at the time the bail 
 may be fo put in, under notice as aforefaid, fhall 
 not, at any future period, be permitted to require 
 juftification. 
 
 5. That any perfon, under arreft, as aforefaid, 
 may, during vacation, after the firft Term, or dur¬ 
 ing the vacation of any future Term, (if the plain¬ 
 tiff’s caufe be not ripe for judgment, and under 
 delibere at fuch period) be permitted to enter fpeci- 
 al bail, and juftify upon the fame, before any two 
 of the Judges of this Court unaer and conformable 
 to the prelent rules of practice for notice in putting 
 in and the juftification of fpecial bail. And upon 
 perfecting fpecial bail, as aforfaid, the defendant fo 
 under arreft, may be liberated from the fame, by the 
 order of any two of the Judges aforefaid. 
 
 6. And whereas, by the rules of practice every 
 defendant is bound to plead within certain limited 
 periods, it is ordered, that every defendant, ar¬ 
 retted on a writ of Capias ad respondendum or at¬ 
 tachment, and in cuftody, fhall be bound to plead, 
 according to the rules of this Court, whether fpeci- 
 al bail be put in or not, and that no delay in the 
 caufe be had, by reafon of putting in bail or justi- 
 fication, as above faid. 
 
 7. That whenfoever any perfon may be arretted 
 upon a writ of Capias or attachment and lhall be 
 committed to Gaol for want of bail, either for ap¬ 
 pearance or of fpecial bail to the action, fuch per¬ 
 fon fo arretted and committed by the Sheriff (or 
 Coroner where the Sheriff cannot legally ferve the 
 procefs) shall remain in cuftody until he may find 
 fpecial bail in the action—And where lie may not 
 find fpecial bail, after fuch commitment, until two 
 days, exclufiyely, after the plaintiff may legally 
 have and obtain a writ of Capias ad satisfaciendum , 
 
*9 
 
 whereupon he may charge the perfon fo commit¬ 
 ted with fuch judgment as the plantiff may obtain. 
 
 8. And it is further ordered, that whenfoever 
 any perfon, arretted upon Capias ad respondendum 
 or attachment, fhall give fpecial bail, and be after¬ 
 wards furrendered in difcharge of the fame ; the 
 perfon fo furrendered, and in cuftody, fhall not re¬ 
 main in prifon, under fuch furrrender, longer than 
 two Terms after judgment fhall be recovered a- 
 gainft the debtor ; and upon which a Capias, ad 
 satisfaciendum , might legally be had (of which the 
 Term when Judgment may be given fhall be ac¬ 
 counted one) unlefs the plaintiff fhall lodge with 
 the Sheriff a writ of Ca. Sa. whereby the body of 
 the debtor may be charged and detained. 
 
 Of surrender of a Debtor in discharge of Bad, &c. 
 
 1. IT is ordered that whenever the Sheriff fhall 
 take bail for the appearance of the party arretted, 
 upon writ of t apias ad respondendum , his return 
 upon fuch writ fhall fpecify the taking of fuch bail, 
 that the plaintiff may purfue a regular courfe 
 thereon. 
 
 2. And in cafe the party fo admitted to bail do 
 not appear on the day of the return of the writ the 
 plaintiff fhall be entitled to demand and obtain from 
 the Sheriff an affignment of the bail-bond for fuch 
 courfe thereon as he may be advifed. 
 
 3. That fuch affignment of the bail bond fhall 
 not be confidered, as exonerating the Sheriff, if it 
 fhall appear that the bail by him taken was not, at 
 the time of taking the fame, fufficient to fecure to 
 the plaintiff the rights by him profecuted, under 
 fuch writ of Capias. 
 
4 - That the defendant, arrefted under a writ of 
 Capias ad respondendum, may furrender himfelf, or 
 be furrendered by his bail, at any time previous to 
 an aflignment of the bail bond, and the bail be 
 thereupon difcharged. 
 
 5. That after the aflignment of the bail bond 
 or an action brought thereon, a like furrender may 
 be made, at any time before judgement, againft the 
 bad on payment, of all colts that have arifen by 
 reamn of the aflignment of the bail bond, or of 
 profecuting the bail ; or at any time previous to a 
 
 She , nff to brin S in ^e Body, or pay 
 the debt due to the plaintiff from the perfon fo ar. 
 
 cWed IbZiT ’ UP0 ” hU n ' glca ’ be ‘"« <** 
 
 rtV?* f U - h FU,e U P° n the Sheriff ^ bring in 
 r ? C,rg reafon of his ne g le,a or other 
 abiolute ihall charge and render 
 the Sheriff liable to pay the debt and colls which 
 1 e plaintiff may eftablish againft the plaintiff's 
 original debtor arrefted and bailed. 
 
 a J plaint , iff may take an aflignment of a 
 bail bond and profecute thereon ; but Ihall not ob- 
 tain juagmer.t untd he may have eftablilhed his 
 t againft the defendant on the original fuit 
 pon which the bail became furety, either upon 
 
 fpedaTs t rat i: m for appearince ’ 0r “1™ 
 
 8 . That a furrender of a debtor may be made hv 
 
 any“ 0r of t L h V? ecial f 1 .’.*" before 
 
 ji ( . of , th J ud 8 es of thls court,—and fuch 
 
 difctoge'of Si? ,lK C '“ t0dy ° f ““ » 
 
SECTION IX. 
 
 Of Security for Costs by persons prosecuting Suits y 
 &c. who are not resident within this Province. 
 
 1. IT is ordered that in every cafe, where any 
 perfon, not refident within this Province, may 
 profecute any original or incidental demand or 
 claim, by intervention or oppofition, he {hall be 
 bound, within two days after the fame may be 
 entered in Court, to give fecurity for colts, if a 
 motion may be made for that purpofe, to anfwer 
 the oppofite party’s cofts, if fuch plaintiff or 
 claimant Ihould fail to make good his demand. 
 
 2. And that every party legally entitled fo to 
 move, lhall obtain as of right, an order for fecurity 
 being duly entered within two days after fuch mo. 
 tion ; and on failure thereof, that the a&ion, claim 
 demand or oppofition aforefaid, lhall, be difmiffed 
 with cofts. 
 
 3. And it is further ordered, that every perfon 
 who may be entitled to fuch fecurity for cofts, 
 lhall be bound to move therefor, within the period 
 of four days from the entry of the action or claim 
 aforefaid ; otherwife he lhall be held and confid- 
 ered as having waived and relinquilhed his right 
 to fecurity for cofts as aforefaid. 
 
 SECTION X. 
 
 Of Declarations and Pleadings thereto relating. 
 
 THAT the refpective parties in every fuit do 
 ftate, with clearnefi and precifion, the nature and 
 grounds of the demand or action, and the defence 
 
22 
 
 thereto. And that in all anfwers, pleas or replica¬ 
 tions to be made in the fuit, particular attention 
 be given to avoid a departure from the object of 
 the demand or aCtion, as every inefficient declara¬ 
 tion or plea to the aCtion, and every departure in 
 pleading that may introduce irregularity in the 
 fuit, and in the iffue to be joined upon clear and 
 certain points affirmed and denied, will be reject¬ 
 ed and difmiffed by the Court, with coils, to be 
 taxed againft the party failing to conform to this 
 rule and order. 
 
 SECTION XI. 
 
 Of Pleas-—Exceptions—Dilatory Pleas—And 
 Inscription en faux. 
 
 1. IT is ordered, that all pleas or exceptions, 
 declinatoire , dilatoire, or peremtoire , d la forme , ihall 
 be filed the day after the return of the wiit or 
 proceis or appearance of the defendant. 
 
 2. That in every cafe where the parties, plaintiff 
 or defendant, may have right and be fo advifed, 
 every anfwer to any exception declinatoire , dilatoire , 
 peremptoire a la forme , and alfo every rejoinder to 
 fuch anfwer where permitted to be made, ihall re- 
 fpectively be filed within a like period of time al¬ 
 lowed for filing fuch exception or declinatory or 
 dilatory plea as aforefaid. 
 
 And due fervice ihall be made of a copy of every 
 fuch plea, exception declinatoire , dilatoire or peremp¬ 
 toire, and of every fuch anfwer and rejoinder as a- 
 forefaid. 
 
 3. And whereas the practice of filing pleas of 
 general exception hath been frequently ufed for 
 the purpofe of evafion and delay: It is or dered 
 
/ 
 
 23 . 
 
 that no plea of exception, whether deelinatoire, pe- 
 remptoire a la forme, or delatoire or peremptoire au 
 droit, or by whatever denomination or term fuch 
 plea or exception may be defcribed, lhall be re¬ 
 ceived or filed in any caufe, unlefs fuch plea or ex¬ 
 ception (hall contain all the ipecial grounds upon 
 which the fame may be founded, and upon which 
 the party excepting is to be heard upon argument 
 before the Court ; and no general exception or 
 plea as aforefaid, not containing fpecial grounds, 
 lhall be received or filed in any caufe. 
 
 Nor lhall any fuch plea or exception be amend¬ 
 ed, alter the fame hath been filed; nor any fuch plea, 
 except an exception peremptoire en droit be received 
 by the Prothonotary of this Court, unlels at the time 
 of prefenting the fame to be filed, the party lhall de- 
 polit with the Prothonotary f 2 6 8, on account 
 of the cofts that may be adjudged upon fuch plea, 
 if the fame Ihould be difmilfed. 
 
 And it is declared, that no exception declinatoire , 
 peremptoire a la forme, or delatoire, lhall require an 
 anfwer from the plaintiff in the caufe, or any plea- 
 ding or iffue, if the plaintiff fees fit to have the 
 fame heard on its merits, without anfwer. And 
 a verbal motion may be made by the plaintiff im¬ 
 mediately after receiving fuch plea for argument 
 thereupon, without any notice to the defendant 
 for that purpofe ; and the fame lhall be heard forth¬ 
 with, or fo loon as the Court may fee fit to order 
 the fame. It is, however, declared that the plain¬ 
 tiff fo moving for hearing without anfwer, doth 
 thereby confefs the matters of faff contained in 
 fuch declinatory or dilatory plea. 
 
 And in every cafe where the plaintiff 1 lhall think 
 fit to anfwer fuch declinatory or dilatory plea or 
 exception, and the anfwer may be general and not 
 containing any fpecial matter to which the defend¬ 
 ant fhall be bound to reply, the anfwer aforefaid 
 
44 
 
 fliall form the iffue between the parties upon the 
 matters of fuch plea to be argued and adjudged 
 and no replication fliall be filed thereupon. “ * 
 
 4. That every defendant who may not plead ei¬ 
 ther of the pleas abovementioned, (hall, within three 
 days after his appearance entered, file his defence or 
 plea to the merits of the plaintiff’s action, and alfo 
 file all fuch writings and documents in his poffef- 
 fion, or certified copies thereof, and upon which 
 the pica or defence is made and grounded, with a 
 certified lift of the fame. And that the defendant 
 at the day of filing fuch plea do make due fervice 
 thereof. 
 
 The above Rule is not to be conftrued to debar 
 or prevent a defendant, perfonally appearing, from 
 making fuch verbal anfwer or plea to the plaintiff’s 
 demand and declaration as by law is permitted to 
 be done and entered. 
 
 5. It is ordered that every exception peremp - 
 /o/re, or plea which refpedts the right and not the 
 form of the demand, as well as all other matters or 
 ground of plea to the merits of the plaintiff’s de¬ 
 mand, which might have been in the knowledge 
 of the defendant, at the time of making fuch ex. 
 ception peremptoire or plea, fhall be contained and 
 fet forth in one and the fame pleading and, filed 
 within the period allowed for filing a plea to the 
 merits of the plaintiff’s aftion. 
 
 6. That whensoever any defendant may have made 
 a plea or exception declinatcirc, dilaioirc, or peremp* 
 toire a la forme , or the plaintiff may have made 
 any exception whereon hearing and judgment may 
 be made, the parties refpectively, after the judgment 
 made as aforefaid, fliall be bound to file a plea or 
 replication or rejoinder, as the cafe may require 
 within the period allowed for pleading to the merits 
 
*5 
 
 of any adtion, or replying to any plea to the merits, 
 and without any fpecial motion or order for that 
 purpofe. And the party neglecting fo to do may 
 be adjudged as in a cafe of default for want of a 
 plea. And if fuch neglect be on the part of the 
 plaintiff not filing a replication or other plea which 
 of right he might have filed, he fhall be foreclofed, 
 and the caufe proceed without the liberty to file a 
 replication or other plea in the action. 
 
 7 * That whenfoever a defendant may be com¬ 
 mitted to Gaol upon a Capias ad respondendum , or 
 under the order of this Court for want of fpecial 
 bail, being entered in the action, he fhall be bound 
 to plead to the plaintiff’s action within the periods 
 allowed by the rules of this Court to any other 
 defendant, after the plaintiff may have duly ferved 
 the defendant, fo in cuftody, with a notice to plead 
 in the action, conformable to the rules of pra&ice 
 in that behalf made and provided. 
 
 Inscription en Faux. 
 
 8 . It is ordered that whenfoever any party in a 
 caufe may be entitled to make an infcription de 
 faux againft any a& or inftrument offered in evi¬ 
 dence by the oppofite party, he fhall be bound to 
 do the fame previous to his making his plea or re¬ 
 plication as the cafe may be. And that in any cafe 
 when a party may plead to a declaration whereon 
 exhibits are offered, he fhall thereafter be foreclof¬ 
 ed making an infcription en faux ; and fo if the 
 plaintiff fhall reply to the defendant’s plea wherein 
 exhibits are filed, he fhall be foreclofed as aforet 
 faid. Provided always that this rule fhall not de¬ 
 prive any party from making an infcription en 
 faux , againft any act or inftrument offered in evi¬ 
 dence fubfequent to the plea or replication, as 
 
26 
 
 aforefaid, if fuch infeription be made previous to 
 fetting the caufe down for evidence, on the Pole 
 d’enquete, or an appointment to be heard on mat¬ 
 ters of law in iffue between the parties, and not 
 otherwife. 
 
 SECTION XII. 
 
 Of Replications. 
 
 1. THAT the plantiff do, within three days after 
 the defendant may have filed and duly fei ved the 
 plaintiff within his plea to the merits, or exccpdon 
 peremptoire au fond , file his replication, or fuch other 
 plea as legally he hath right to make, and do on 
 the fame day make due fervice thereof,otherwife he 
 Ihall be foredofed from filing any fuch replication 
 or plea. 
 
 2. And it is permitted to the plantiff, at the time 
 of duly filing, and ferving a copy of, fuch replica¬ 
 tion, to file inch further documents and writings 
 which the defendant’s pk a may have made requflte, 
 and that were not referred to by the Plaintiff's de¬ 
 claration, or incumbent on him to file therewith, 
 and whereon the faid replication may be grounded y 
 of which writings a certified ftatement {hall be 
 made on the plaintiff’s lift of exhibits, already filed 
 in the caufe, conformable to the rules of practice. 
 
SECTION XIII. 
 
 Of Incidental Demands. 
 
 1. THAT every Incidental demand Ihall be deem¬ 
 ed and taken to be a dltHncf action from the de¬ 
 mand in chief, and Ihall not be permitted in any 
 refpecl to delay the proceedings of the plaintiff 
 on his demand in chief, againft which the inci¬ 
 dental plaintiff may by his plea fet up a crofs de¬ 
 mand. Provided always that nothing in this rule 
 Ihall extend or be conllruui to extend to any 
 matter of reconvention or compenfation which 
 fhali amount to, and be pleaded as a defence 
 to the demand in chief. 
 
 2. That when any incidental party may have 
 feveral grounds of demand, he (hall ftate and 
 prefer the fame by one and the fame pleading ; 
 and at the time of filing the fame, ihall aifo file 
 all writings, deeds and acts in his poffeffion, or 
 copies thereof, duly cetified, upon which the faid 
 incidental claim or demand may be formed. 
 
 SECTION XIV. 
 
 Of fling Deeds , Ssfr .—whereon any action may he 
 grounded , and of fling other corrobo¬ 
 rative written evidence\ 
 
 i. THAT every plaintiff at, and on the day of 
 the Teturn of the writ or procefs, with a declara¬ 
 tion annexed, do file in the Prothonotary’s office 
 
28 
 
 all fuch deeds bonds, notes, bills, accounts, docu. 
 ments and writings in his poffeflion (or copies 
 thereof by him or his Attorney certified as fuch) 
 and upon which the fuit or addon may be ground- 
 ed, as declared upon, to the end that the defendant, 
 under communication of the fame, may prepare 
 and make his full defence and that the plaintiff do 
 file with all fuch writings a certified lift thereof, 
 and whereon fuch documents or exhibits fliall be 
 afcertained, by a corredl reference to the nature 
 and dates thereof, and regularly numbered, and 
 that failing fuch reference, by which the ex¬ 
 hibits aforefaid may be afcertained, they {hall 
 not be held and taken as part of the record in the 
 caufe, and that no lift be offered or filed but when 
 it is to. accompany and afeertain papers to be ad¬ 
 duced in evidence. 
 
 2 . That on the day of the return of any writ 
 or procefs, iffning out of this Court, at the inftance 
 and on behalf of any perfon, not refident within 
 this province, the Attorney fuing out fuch 
 writ or procefs, do file with the Prothonotary of 
 this Court, the power or authority under which 
 fuch writ and proceft may have been fued out, 
 and infert and deferibe fuch power in the lift of 
 exhibits to.be filed in the caufe ; or on the return 
 day aforefaid do move the Court on the fpecial 
 giounds of not being able to file fuch power or au¬ 
 thority, in order to obtain a further day for filing 
 the fame. And failing to file a fufficient power or 
 authority, for profecuting the action againft an 
 abfentee, on fuch day as may be appointed by the 
 Court, that no proceeding {hall be had or obtained 
 againft any defendant in fuch action. But that he 
 be permitted to proceed to judgment for difmiffmg 
 the plamtm s aftion, or otherwife, as may be ad- 
 vjfed. 
 
29 
 
 3. That the plaintiff, in any fuit before thisCourt, 
 who may poffefs any corroborative written evi¬ 
 dence relative to any demand or defence thereto, 
 and which were not in his pofieflion at the time 
 of firft filing his exhibits, may, upon due proof 
 being made, appear at any time previous to fetting 
 the caufe down for trial, whether on an iffue at 
 law or on facts, be permitted to file all fuch corro¬ 
 borative written documents as may relate to, and 
 be conne&ed with, the matters in difpute between 
 the parties. And that a lift of fuch documents and 
 writings be indorfed upon, or annexed to,the plain¬ 
 tiff’s lift of exhibits filed in fuch caufe, and in the 
 manner as is in the firft articles of this rule above 
 dire&ed. 
 
 SECTION XV. 
 
 Of Withdrawing Exhibits. 
 
 i. IT is ordered that the Prothonotary of this 
 Court do not, in any cafe where final judgment 
 may be made, grant during the Term or fitting of 
 this Court, to any party in any fuch fuit, or his 
 attorney, any exhibit or paper filed as evidence 
 therein, unlefs under the exprefs order of this Court 
 therefor ; nor fhall any party interefted obtain any 
 fuch exhibit, in Term time, unleft he fhall have du¬ 
 ly ferved on the other party or parties concerned 
 in the records of fuch a&ion, a notice of the in¬ 
 tended application, and to fhew caufe why the 
 fame fhould not be withdrawn from the records of 
 this Court, and delivered to the party fo requiiing 
 the fame. 
 
3 ° 
 
 a. And if any application be made during the 
 vacation, to withdraw any exhibit or paper filed in 
 evidence in any caufe, the fame fhall not be grant¬ 
 ed, unlefs by the order of two of the Judges of this 
 Court, and after due notice to the adverfe party 
 interefted therein, of fuch application to Ihew caufe 
 to the contrary, if any they may have. And if the 
 application be granted, a true copy of fuch exhibit 
 or paper, authenticated by the Prothonotary of this 
 Court, fhall be filed of record before the paper ap¬ 
 plied for fhall be withdrawn. 
 
 3. That no exhibit fhall be withdrawn from 3. 
 record, op which execution may be iffued, as di¬ 
 rected by the rule upon iffuing executions. 
 
 [Section 35. 3] 
 
 SECTION XVI. 
 
 Of Communication of Writings fled in any cause 
 to be offered in evidence . 
 
 1. THAT it be clearly underftood, and it is here¬ 
 by ordered, that every party in Court entitled to 
 communication of papers, documents or writings 
 filed conformably to the rules of this Court, do, ap¬ 
 ply to the Prothonotary’s office for the fame, as a 
 matter of right, and without fpecial motion or ap¬ 
 plication to the Court for that purpofe ; and that 
 all fuch parties may receive the faid communication 
 of papers as aforefaid, upon lodging a lift and re¬ 
 ceipt at the faid office for the writings fo filed and 
 takon in communication. And that the party fo re¬ 
 ceiving the fame fhall be entitled to hold the faid 
 writings fo long and until the period he may, by 
 the ordinary rules of pra&ice, be bound to file his 
 defence, replication or other plea, and no longer. 
 
3 1 
 
 2. It is, however, exprefsly provided and direct* 
 ed, that no act sous seing prive, or original paper 
 writings of any defcription whatfoever, upon which 
 an action or defence may be made or founded, fhall 
 be removed or taken poffellion of in communica¬ 
 tion from the Prothonotary’s office for any caufe 
 or pretence whatfoever. 
 
 SECTION XVII. 
 
 Of Records. 
 
 WHEREAS many of the Records of this Court 
 have, at different periods, been taken from the 
 office of the Prothonotary, contrary to the express 
 Rules of Practice and to the repeated orders 
 in that respect verbally expressed by the Court ; 
 and such a practice, if suffered to cont 'mue, 
 must be attended not only with delays, vexations , 
 and of serious consequence to the parties inte¬ 
 rested, but may, in a highly criminal degree, ob¬ 
 struct the administration of justice :— 
 
 f. IT is, therefore, ordered, that any Attorney or 
 Advocate of this Court, who by himfelf, or through 
 the miniftry of his clerk or other perfon, fhall take 
 or withdraw from the office of the Prothonotary 
 any pleading, exhibit, or paper filed in any caufe, 
 or any part of a record in any caufe, contrary to 
 the 16th Section of the general Rules of Praftice 
 for taking communication of writings, filed and to 
 be offered in evidence, fhall be considered as hav¬ 
 ing committed a contempt of this Court, and the 
 fame be proceeded upon accordingly. 
 
3 * 
 
 6 . And it is further ordered, that no Prothono- 
 tary of this Court do prefume to deliver, or fuffer 
 or permit the record, or any part of the record, in 
 any caufe, depofited in his office, to be withdrawn 
 therefrom, either by himfelf or through the minis¬ 
 try of any clerk or perfon he may entruft with the 
 cuftody thereof, except to any of the Judges of this 
 % Court, or to any of the Attornies thereof, conform¬ 
 able to the 16th Sedion of the Rules of Practice, 
 in that refpeft made for communication of writ¬ 
 ings, &c. upon the penalties attached to an open 
 contempt of this Court, and in violation of the 
 truft rcpofed in the difcharge of his official duties. 
 
 SECTION XVIII. 
 
 Of Intervention . 
 
 IT is Ordered, That whenfoever any perfon legal¬ 
 ly having rights to fuflain, and who may be defirous 
 to intervene and become a party in any fuit that 
 may be pending in this Court, the fame (hall be mo¬ 
 ved in the manner herein after expreffed, and previ¬ 
 ous to the caufe being finally heard._ 
 
 i. THAT the party intervenant, Ihall file a Re- 
 queteen intervention , which fhall contain the grounds 
 of the demand and feveral rights which are intend- 
 ed to be alledged and fuftained in the caufe, and in 
 relpect to the party before the Court in fuit. 
 
 2 *i Requite fhall alfo contain all fuch 
 
 conclufions or claims as the party, plaintiff en inter- 
 vention y may have or intend to make in the faid 
 
33 
 
 «aufe, to the end that legal iflites may be taken upon 
 tne lame, and the original fuit proceed without de- 
 
 * & ? at , thc faid P lain,iff en intervention Hull file 
 m the Prothonotary’s office, (on the day ordered 
 
 fom^ ^ the Party’s appearance to the 
 
 me) all fuch writings and documents in his pof. 
 leluon whereon the demand may be made. 
 
 a , ± T , hit ^ypaftyintervening, as aforefaid, (hall, 
 at the day of filing the intervention, give due no. 
 tice thereof to all the feveral parties in the caufe, 
 
 on. wichout'dly" mly ^ takcn thCT '“P- 
 
 5. That all and every further proceeding imnn 
 any intervention, as aforefaid, whether on^xceo 
 
 S !h P ^ t0 * 5 ® mCritS 0f the fame > the if. 
 fues thereon to be taken, and the filing of all writ¬ 
 ings, exhibits or documents, touching the refpective 
 intereft of the parties, Hull be moved made and 
 one, conformable to the general rules of pra&ice 
 of thu Court on original actions. P “ 
 
 b /* w henfoever a Requite en intervention may 
 be made by the party interefted, and not by 
 
 «f m C i° f Court » fuch party IhaJl, at the time 
 
 of making Inch requite, and therein and prev^s 
 Jrder ., ther u eon an appearance, P fix and 
 
 *&&&££?“* ” ay be “ k ™ - ««*. 
 
 SECTION XIX. 
 
 Of Pleat and ijfues to be formed during vacation . 
 
 or'lLlt'"*’ 'h 1 ' afcs ' »'>ere a paintiff. 
 or defendant, would, byUe prefent rules of ptac- 
 
34 
 
 «••••» 
 
 tice, be bound to plead after appearance, and during 
 the fitting of this Court, fuch party thall be equal- 
 l v an( j i n the lame manner, bound to plead, during 
 the leveral vacations and out of Term. But inas¬ 
 much as a further time may be allowed tor filing 
 fuch pieas refpettively, ten days are granted to 
 the relpeftive parties for duly filing any plea or re¬ 
 plication, of what r.a'ure foever, during the vaca. 
 lions after February and April Terms ; and t wen. 
 ty days after the vacation of June and October 
 Terms. And the like delay is granted tor fiybng 
 the feveral exhibits, with fuch plea or replication, as 
 are dire&ed or pet mined by the rules otpraflice 
 of this Court. And that thefe rules fhall equally 
 extend and be applied to all cafes of oppofiuons or 
 intervention. 
 
 SECTION XX. 
 
 Of fling Declarations , &c.—On Evocation of 
 Causes from the inferior Term. 
 
 WHEREAS it may be necessarry, in every case y 
 •where the evocation or appeal of any cause may 
 be made and admitted from the jurisdiction of 
 the inferior to that of the superior Term of this 
 Court , that the plaintiff should more specially 
 set forth the cause of action than is prescribed 
 by the rules of practice, on ordinary process and 
 proceedings before the said inferior Term. 
 
 IT is therefore granted and ordered, that the 
 plaintiff fhall within three days, inclusive from the 
 allowance of fuch evocation or exception, file witn 
 
35 
 
 • • • ./ 
 
 theProthonotary a declaration, containing the fpe- 
 qial grounds of his cafe and demand, and therewith 
 file ah luch documents, writings and evidence 
 whereon l'uch declaration may be grounded; and that 
 the defendant and plaintiff lhall then alter conform 
 to the general rules of practice for filir g pleas or 
 exhibits, and bringing the caufe to iffue,hearing and 
 jud 0 ment. 
 
 SECTION XXI. 
 
 Of General Rules for Pleading and of other 
 Proceedings. 
 
 t. IT is ordered. That the Rules of this Court, 
 directing the filing of pleadings, writings, or pa¬ 
 pers, of what nature foev$r, be ftrictiy conformed 
 to, as premptory rules made in every caufe in court, 
 and that a neglect of the fame {hall be confidered 
 as- a default, and witful uifobedience to the rules of 
 this Court. 
 
 a That every rule of this Court, made in the 
 prefence of tlie parties, or their Attornies in Court, 
 fhall be confidered as fufiiciently notified, without 
 the fervice of any fuch rule or order being requi- 
 fite, to enforce the fame. 
 
 3. And whereas particular circumftances and 
 cafes may, at times, require an enlargement of the 
 rules of this Court, the fame (upon fumcient caule 
 Ihewu) will only be granted where application may 
 be made, one day at leaft, previous to the expira¬ 
 tion of fuch rules. 
 
 4. And upon every groundleis application for 
 the enlargement of any rule, the party applying, 
 
36 
 
 fiiall, at the taxation of cofls in the fuit, be adjudz- 
 f n u P on ad f°ch dilatory proceedings, to pay full 
 
 Coirs. r J 
 
 . 5 * That all pleadings, notice, rules, orders, and 
 judgments, and all other matters and proceedings 
 of which fervice is or fhall be required, upon any 
 party in any fuit depending in this Court, fhall be 
 lerved upon the Attorney ad litem , who fhall have 
 appeared in this Court for fuch party. And in de¬ 
 fault of fuch appearance by Attorney, fhall be fer- 
 ved at the eledted domicile of fuch party, if he may 
 have appeared perfonally ; thofe inftances except¬ 
 ed in which perfonal fervice upon fuch party, is by 
 law, or any rule of practice, or any fpecial order 
 made in the fuit, required and dire&ed. 
 
 _ ,^ at ad proceedings upon writs of Certiorari, 
 Prohibition , Mandamus , Quo Warranto, and Habeas 
 Corpus, and upon each of them refpe&ively, be in 
 all things fimilar to the proceedings, upon fuch 
 writs,inHis Majefty’s Court of King’s Bench in Eng. 
 land, in Weflminfter Hall. *• • 
 
 7. That all rules and orders for the conduct and 
 regulation of any Attorney or Counfel of this 
 Court, in any caufe therein depending, fhall extend 
 to the party in fuch cafe perfonally appearing ; and 
 where no appearance by Attorney fhall have been 
 entered on behalf of fuch party, be rules and 
 orders for the conduct and regulation, in every re- 
 fpect, of fuch party fo perfonally appearing. 
 
 , 8 * e L ver y order of an y Judge of this Court, 
 which fhall be obtained in vacation, fhall be fubiect 
 . 0 an appeal to this Court, and the validity thereof 
 impeded, by moving the Court to fet afide the 
 ame, or to fet afide the proceedings which have 
 
37 
 
 been had under it- Provided, that any fuch order 
 which may be made with confent, or otherwife ac- 
 quiefced in, fliall be as valid as any aft of this 
 Court. 
 
 9. That all orders and rules for the conduft and 
 regulation of the Sheriff, in the execution of his 
 duty, or any part thereof, fliall extend to the Cor¬ 
 oner, in all cafes in which, from any caufe whatev¬ 
 er fuch duty, or any part thereof, fliall or ought to 
 be executed by him. 
 
 10. That no paper of any defcription Ihall be 
 received or filed in any caufe, by the Prothonotary 
 of this Court, unlefs the fame be regularly docket¬ 
 ed, with the title and number of the caufe, and the 
 general defcription of fuch paper, and the declara¬ 
 tion and pleas, alphabetically marked in their regu¬ 
 lar order. 
 
 11. That all writs and procefs of this Court fliall 
 be tefted on the day on which fuch writ or pro¬ 
 cefs fliall iffue. 
 
 12. That a point of praftice fettled by a judg¬ 
 ment of this Court, and entered on the Prothono- 
 tary’s book of “ Rules of Praftice,” fliall not be 
 reargued. 
 
 13. That no reference to ar bit res, or reports, or 
 other reference of any defcription, fliall be made 
 by rule or order of this Court, or entered by con. 
 fent or otherwife, in any cafe before the iffue or 
 iffues in fuch cafe fliall be perfefted ; and then on¬ 
 ly of the matters to which fuch iffue Ihall relate. 
 
 14. That no writing or written conclufion be 
 prefered to, or received by this Court, upon any 
 Rule Nisi, or upon any report of arbitres , 
 
Experts , or Praticiens, nor any iffue in writing be 
 raifed thereon. I he validity of every fuch report 
 or rule Nisi will be verbally heard on the relpec- 
 tive motions taken, in due courfe, by the parties 
 interefled, unlefs fpecially otherwife ordered by this 
 Court. 
 
 15. That on the hearing of any motion, plea, or 
 incidental matter, or on the trial or merits of any 
 caufe, no more than two counfel fhall be heard in 
 opening or in anfwer, and only one in reply. 
 
 And that a witnefs fhall be examined by one 
 counfel and no more, and crofs examined by ope 
 counfel and no more. 
 
 16. That every affidavit, or certificate of a bailiff, 
 of fervicc of any pleading, notice, rule, order, in¬ 
 terlocutory judgment, fubpeena, or other matters, 
 fhall particularly defcribe the manner, place and 
 hour of fervice ; otherwile the fame fame fhall not 
 be received or filed. And if from fuch affidavit or 
 certificate it fhall appear, that fuch fervice was made 
 upon a Sunday or Holiday, or upon any other day, 
 before the hour of fix in the morning or after the 
 hour of eight in the evening, fuch fervice fhall be 
 held and taken to be null and void, to ail intents 
 and purpofes whatfoever. 
 
 17. That in all computations of time, or delay 
 granted upon the fervice of any writ, fummons, 
 rule, order, notice or judgment of this Court, and 
 generally upon all proceedings whatfoever, not 
 otherwife particularly provided for, the day on 
 which fuch writ, fummons, rule, order or judg¬ 
 ment fhall be made, or upon which fervice of any 
 fuch writ, rule, order, notice, judgment or other 
 proceeding may be performed, fhall not be reck¬ 
 oned ar accounted to be one, but every other day 
 
39 
 
 • * • • • 
 
 to which fuch computation of time (hall refer, 
 (Sundays and Holidays not excepted,unlefs the ex¬ 
 piration of time fhould occafion the rule to expire 
 on a Sunday or Holiday, in which cafe an enlarge¬ 
 ment of time ihall be made to the next day) lhall 
 be accounted to be one, and that no fractions ot 
 time lhall, in any fuch computation, be made or al¬ 
 lowed. 
 
 18. That in every cafe where, by the Rules of 
 Practice, a duty is to be performed at a particular 
 period, with reference to the records of this Court, 
 the fame lhall be done, at the office of the Prothon- 
 otary, within the Office hours appointed, and at no 
 other time. 
 
 SECTION XXII. 
 
 Of !Trial of Causes at Issue. 
 
 r. THAT a roll and general lift of all caufes be 
 kept by the Prothonotary, including as well caufes 
 continued as thole newly inllituted, expreffing the 
 time of iffuing and return of the original writ or 
 procefs, the number of the caufe, the names of the 
 parties and thofe of the Atorrnies appearing for 
 each party ; alfo that the nature of the demand be 
 expreffed, and a blank column left for noting pro¬ 
 ceedings thereon had. 
 
 3. That another roll or lift of caufes lhall be 
 made by the Prothonotary, to be ufed as a diary in 
 each Term for fetting down all caufes tor hearing, 
 whether on matters of law or trials by Jury, or on 
 Enquile and examination of witneffes, as the fame 
 pu y be fcverally appointed* On which lift fhaL 
 
40 
 
 be expreffed the number of the caufe, the names of 
 the parties and of their f evera , Atto^es, and the 
 
 A»?°lT nt ° f K a PP oint ment for hearing. 
 
 d which entry fhall be conclufive againft tlfe 
 parties and their Attornies. 6 ac 
 
 3. That the Prothonotary fhall prepare and keen 
 a feparate and diftind roll or lift of caufes for eI 
 quete and the examination of witneffes, as well of 
 Enquete to be had in Term as out of Term and 
 wherein entries may be made of proceedings had 
 thereupon. And the faid entries fhall be taken as 
 conclufive againft the parties and their Attornies. 
 
 SECTION XXIII. 
 
 Of Motions and hearing thereon. 
 
 n'\ ™ AT e Y. er y motion, to be made in any caufe, 
 fliall be expreffed in writing, and figned by the Ad- 
 vocate or the party applying to the Court, and be 
 delivered to the Prothonary before moving of, or 
 
 inlT f he f T e ; !^ 0r 1111,1 an y motion be heard, 
 unlefs for a rule to fhew caufe or motion for judg- 
 
 u r f- efaU t of a PP earan ce, or negled to plead, 
 or difobedience to any rule or order or interlocu- 
 or y judgment, until due notice, of at leaft one day, 
 
 to Zo^ey'" ^ '° ,h = 3dVerfc P a «y 
 
 _ That a11 motions for enlargement of rules, or 
 t ; n ^7 f f aU ^ e ’ 511,1 be made and heard at every fit- 
 
 2 j0in^ 0Ur,,Pn0r< ° ' hc ““ “y caufe o 
 
 3. That the fervice of any notice of motion, to be 
 heard at a fucceeding day, fhall be deemed regular. 
 
4 * 
 
 ly fcrved if the fame be made during the fitting of 
 the Court on the day preceeding the hearing fo 
 notified. 
 
 4. That no motion for judgment upon the ver¬ 
 dict of a Jury fliall be made or received until after 
 the expiration of four days in Term, from the day 
 on which fuch verdict fliall have been recorded. 
 
 5. That if any matter be moved in Court in 
 prefence of the Attornies, or Counfel of the parties, 
 and the Court thereupon fliall make a rule, the 
 fame fliall not again be moved contrary to fuch 
 rule. 
 
 6. That a motion which connot be decided, un- 
 1 efs by a rule or order, by which the merits of the 
 cafe will be alfo decided, fliall not be allowed. 
 
 SECTION XXIV. 
 
 Of .hearing on Law issues . 
 
 THAT whenfoever any law iflue may be form¬ 
 ed in any caufe, as a temporary, or perpetual Bar 
 to the plaintiff’s action, and fuch caufe be regularly 
 inferibed on the diary for hearing en droit , the fame 
 fliall come on to be heard on the day appointed, 
 unlefs good caufe be fliewh to the contrary. And 
 if the plaintiff fliall not appear, or not fliew good 
 caufe to delay the hearing fo appointed, and the 
 defendant be ready to proceed, the plaintiff’s action 
 Ihall be difraiffed, with cofts to the defendant, if the 
 6 
 
conclufions taken by the defendant, exceptions be 
 fo made as to warrant fuch judgment. And if the 
 plaintiff*s fhall appear and be ready to proceed, and 
 the defendant raifing fuch iffue fhall not appear, or 
 not be ready to proceed, or not fhew good caufe to 
 the contrary, and obtain a further day to be heard, 
 his plea in Bar to the plaintiff’s aftion, whether 
 temporary or perpetual, fhall be difmiffed with cofts 
 to the plaintiff, who may forthwith proceed in 
 due courfe to judgment on his principal demand. 
 Nor fhall the defendant be entitled to further no¬ 
 tice, or to make any further proceedings in the caufe 
 until he fhall have paid the plaintiff’s cofts, which 
 may be awarded as before faid. 
 
 SECTION XXV. 
 
 Of Exception to any Interlocutory. Order, or Judg¬ 
 ment of this Court . 
 
 WHEREAS by an ordinance passed in the 2~tb 
 year of His Majesty s Reign , Chapter 4, It 
 is enacted that whenever the opinion of any 
 Court of common picas may be pronounced upon 
 any law , usage . or custom of this province t and 
 that any party may conceive the same to be to his 
 injury , he shall be allowed to make an exception 
 to the said opinion , to be preserved in the min¬ 
 utes of the said Courts and which said act in 
 that respect is extended to the government and 
 proceedings in this Court, It is ordered\ that , 
 
in every case where such exception may legally 
 be admissible , the party making the same shall 
 deliver the same , during the sitting of the Court , 
 or at the Prothomtary s office , in the course of 
 the day on which sueb exception may be raised. 
 And that any exception which may be offered , 
 at any future day , shall not be received nor en¬ 
 tered on the Records of this Court. 
 
 SECTION XXVI. 
 
 Of Exceptions to the regularity of service of pro¬ 
 cess , and affidavits thereon , and of except¬ 
 ions to the regularity of filing ex¬ 
 hibits or their sufficiency. 
 
 IN order to prevent delays and expences occafion- 
 ed by iffues railed on exceptions to the regularity of 
 fuing out and fervice ofprocefs, and of written ex¬ 
 ceptions or pleadings to the regularity, or fufficien- 
 cy of exhibits and matters of evidence filed of re¬ 
 cord. 
 
 i, IT is ordered that no writing by way of plea 
 or exception Ihall hereafter be allowed to the form, 
 fervice, or other matters regarding the regularity 
 or fufficiency of any fummons, writ, or procefs 
 that may be iffued out of this Court, nor to any 
 affidavit that may be made for obtaining any 
 fuch writ v proe- ;fs, but that every alledged de- 
 
44 
 
 feet, or irregularity refpeaing the fame, Ihall be 
 declared, heard, and adjudged upon motion, and 
 not otherwife. 
 
 2. And that only on the day of the return of 
 fuch procefs, otherwife the fuppofed defeft fhall be 
 deemed to be waived, unlefs the party making the 
 fame can (at the day allowed by law ior taking off 
 a default) make it appear by good and fufheient 
 reafons that until that period he was prevented 
 from making fuch exceptions. Nor Ihall any mat¬ 
 ter concerning the fufficiency or regularity of 
 • any exhibit, filed or to be filed in any caule, be 
 made or complained of by a written exception or 
 other pleading, but be declared, heard and adjudg¬ 
 ed upon motion, or legal objections at the hearing 
 or the caufe, as the party fo obje<fting may confi- 
 der to be moft advifable, and not otherwife. 
 
 SECTION XXVII. 
 
 Of Witnesses and their examination , of Evidence 
 and of Enquete. 
 
 i. THE Court, having taken into confideration 
 the abufes that are liable to be committed by the 
 allowance, for the fubpocnaing and attendance of 
 any unlimited number of witneffes whatfoever, in 
 caufes brought to iflue in this Court—It is order¬ 
 ed, that from and after this day, in any caufe 
 wherein witnefles Ihall be fubpoenaed to appear and 
 give evidence in.this Court, no allowance whatev¬ 
 er, on the taxation of cofrs, in favor of the one 
 
45 
 
 party againft the other, (hall be made for fubpcen- 
 aing and attendance of more than fix witneffes, (if 
 fo many there (hall be) for each iffue that may be 
 properly joined between the parties, fliould there 
 be more than one in any caufe. 
 
 2. To the end, that all the evidence taken in any 
 caufe may be certainly known, and eftablifhed of 
 record—It is ordered, that in all caufes where the 
 fum profecuted for may be above twenty pounds 
 fterling, or where an appeal may lie from the judg¬ 
 ment of this Court, and any depofitions of wit. 
 neffes may be taken, the Prothonotary do enter on 
 the regifter of this Court, except in caufes tried by 
 Jury, a regular lift of the names of the witneffes fo 
 examined, and the period when their rcfpeclive 
 depofitions were taken, and alfo that he do file with 
 the proceedings in the caufe, a certified copy of the 
 fame. 
 
 3. That in every caufe brought to iffue in Term 
 time, wherein witneffes may be examined, fuch, 
 examination fhall be moved for and appointed 
 
 ' in Term, (if there be a day in Term, in which 
 the motion could be made) to be heard the next 
 fucceeding vacation, and not otherwife- 
 
 4. And that in every caufe brought to iffue dur¬ 
 ing vacation, wherein witneffes may be examined, 
 fuch examination fhall be moved for hearing, the 
 next or fuceeding Term, and the party failing fo to 
 move for the examination of witneffes, fhall be 
 bound to give fourteen days notice in Term, on any 
 motion fubfequent to the period of which the fame 
 might h ave been made for the examination of 
 witneffes on fuch iffue. 
 
 5. That no examination of any witnefs about to 
 depart the Province, Hull be had or taken in any 
 
caufe, during any Term or fitting of this Court, 
 unlefs iffue be joined on the merits or matters of 
 fad in controverfy between the parties ; the exami¬ 
 nation of a party on Fails and Articles,, as provided 
 by the Rules of Pradice, excepted. 
 
 6. Nor (hall any fuch examination of a witnefs, 
 about to depart the Province, be had or taken in 
 any caufe on the part of the defendant, where, by 
 the Rules of Pradice, fuch defendant ought to have 
 pleaded to the merits, and hath not done fo. Nor 
 fhall any fuch examination of a witnefs be had or ta¬ 
 ken on the part of the plaintiff,where,by the rules of 
 Pradice, he fhould have replied to the defendant’s 
 plea, or taken iffue on the merits, and hath not fo, 
 done previous to his application for the examina¬ 
 tion of a witnefs, as aforefaid, 
 
 7. That any party in fuit before this 
 .. . Court, who may be in the poffeffion of 
 
 Of written •• 1 • ri . F , 
 
 Evidence in any original muniment, writing, or doc- 
 ument, that may relate to any matter in 
 paftj? p0il e difpute between the parties aforefaid, 
 fhall, upon due notice to produce the 
 fame, be bound to appear and produce in 
 this Court, (fubjed to its further order 
 refpeding the fame,) fuch original inftru- 
 ment, writing, or document; and failing 
 fo to do, the party notifying the poffdibr 
 as aforefaid may offer legal teflimony of 
 and adduce a copy of fuch original inftru- 
 ment, writing, or document in evidence 
 in fuch caufe, unlefs good caufe be fhewn 
 to the contrary. 
 
 And it is ordered, that the notice above 
 faid to be ferved upon any party, or his 
 
attorney, in any caufe, to produce any 
 writing as aforefaid, ihall be ferved, fub- 
 jed to the delays or periods refpedively 
 allowed for the fervice on inilituting the 
 adion, according to the place of refidence 
 of the party who may poffefs fuch wri¬ 
 ting, to be produced as aforefaid. But 
 that in every caufe where the party may 
 appear by Attorney, the fervice of fuch 
 notice for producing any writing as 
 aforefaid, may be legally and iufficiently 
 ferved on the Attorney, appearing for the 
 faid party in the action, under fuch delay 
 for communication to his client, as may 
 appear reafonable. 
 
 8 . It is ordered, that after iifue may be 
 joined* whether on the merits, or on any 
 collateral point in the caufe, for verifica¬ 
 tion of fads alledged, it ihall be compe¬ 
 tent for any party uniting in fuch iifue to 
 obtain an order and fet the caufe down 
 on the diary or roll d'Enquete for examin¬ 
 ation of witneffes. And any party mov¬ 
 ing for further time, or a more diftant 
 day for fuch Enquete or examination afore¬ 
 faid, or the continuance and delay of any 
 Enqu£te already appointed, ihall make the 
 grounds of fuch motion, upon oath. Hat¬ 
 ing in an affidavit, not only all the caufes 
 which have prevented or may prevent the 
 witnefs, or witneffes of fuch party from 
 attending, at the day moved for fetting 
 down the caufe and the periods when it 
 is expected that fuch witnefs or witneffes 
 may be able to attend, but alfo particu¬ 
 larly depofe to what the party may be a- 
 ble or exped to prove, by the teftimony 
 
 Of setting 
 down causes 
 for trial or 
 Enqu&c, and 
 of putting off 
 such trial fir 
 ErtquQtc, 
 
<8 
 
 of fuch witnefs or witneffes, and this, in 
 addition to all other matters incidental to 
 fuch affidavit for continuance of an En- 
 quete or trial. And if any affidavit for 
 iuch continuance {hall not {late the above 
 grounds and circumftances, it {hall not 
 be received or argued. 
 
 And it is Ordered, that no fee or cofts 
 {hall be allowed, in taxation of cofts, in 
 the caufc for fuch affidavit. 
 
 T^e car.se 9 ’ That every caule regularly fet down 
 
 med n ro?£t 0n . the . diar y or r ? U XEnquete, for the ex- 
 queze shall animation of witneffes, whether on the 
 
 J^d°“ t0 . b . e . ITiCrit . s . of fuch ca . ufe or on any collateral 
 iffuc joined therein, the hearing and exa¬ 
 mination of the witneffes fhall come on, 
 and be had at the day appointed, unlefs 
 he /hewn’to g°? d caufe be ^ewn to the contrary, and 
 the com. ary. io in fcribed on the diary or roll d'Enquete 
 by the Court or examining Judge. And 
 Plaintiff’s on the part of the plaintiff, if no fuch fuf. 
 be dismissed caufe be {hewn, he {hall be preclud- 
 
 for default in ed from a further day, and upon motion 
 ing P on CC tbe * n Court by the defendant for that pur- 
 mems. pofe, the plaintiff’s action, if the examin¬ 
 ation aforefaid was to have been had on 
 the merits, fliall be difmiffed, sauf a se 
 pouf voir , with cofts to the defendant. 
 
 & judgment And if the examination was to have been 
 pfrtyhi do- b:ld on any collateral iffue, fuch iffue fhall 
 fault upon be taken and adjudged againft the party 
 , u „. hr It tendering or raffing the fame with 
 
 cofts, by reafon of his default in not pro¬ 
 ceeding thereon. 
 

 49 
 
 • • • • • 
 
 ^ 10. And on the part of the defendant,if 
 his witneffes fhall not attend on the day ap¬ 
 pointed tor examination on the merits, or 
 he be not ready to proceed, Unlefs good 
 caufe be Ihewn for their non-attendance, 
 and fo inferibed on the diary, or Roll 
 d’Enquete , by order of the Court or exa¬ 
 mining Judges, he (hall be precluded fiom 
 any further day for the examination of 
 witneffes, and the plaintiff may proceed 
 ex parte • 
 
 11. Ihat no witnefs fhall be examined 
 on the part of any party in a fuit, but 
 fuch as have been fummoned to appear, 
 or do actually appear, and arc called at 
 the day firft appointed, and (if not exa¬ 
 mined) whofe names have been inferibed 
 on the Diary for examination. Nor fhall 
 any motion, at any future day, be receiv. 
 ed for the hearing of any witneffes in the 
 caufe, who may not have been fo called, 
 and whofe name may not have been, by- 
 order of the Court or examining Judg¬ 
 es, inferibed on the Diary, with permil- 
 fion exprefied to be examined at a future 
 period. 
 
 12. That it reafonable caufe be fhewn 
 for the non-attendance of witneffes, on 
 the part of any party in a fuit, and a fur. 
 ther precife day be granted for fuch pur- 
 pofe by the Court or examining Judges, 
 and no attendance or examination of wit¬ 
 neffes fhould take place at fuch d«y, the 
 party failing to bring forward or exa¬ 
 mine his witneffes, fhall be precluded 
 from obtaining any further day for fuch 
 
 If defendant 
 be in default 
 plaintiff may 
 proceed 
 parte. 
 
 No witness 
 shall be exa¬ 
 mined, who 
 has not been 
 subpoenaed— 
 or appeared 
 on the first 
 flay of the 
 Enquete, and 
 so inscribed 
 on thet)iarv* 
 
 If a fiirt^e? 
 
 day be graf¬ 
 ted, it shall 
 be conclu¬ 
 sive, if no 
 cause shewn, 
 —rund judg¬ 
 ment given 
 as directed 
 by art.9 &1Q 
 above. 
 
5 ° 
 
 No further 
 or third day 
 of Enquete 
 allowed, but 
 on payment 
 of all coj>t3, 
 and 
 
 the third day 
 shall he con¬ 
 clusive. 
 
 The Enquete 
 being open¬ 
 ed and be¬ 
 gun, no al¬ 
 legation shall 
 be received 
 of the. ab¬ 
 sence of wit¬ 
 nesses. 
 
 examination, and judgment lhall be 
 awarded upon the cafe, conformable to 
 the iffue between the parties, as is direct¬ 
 ed by the 9th and xoth articles of thefe 
 rules. 
 
 13. Nor fliall any motion be received 
 for granting any further day to examine 
 any witnefs or witneffes, unlefs the party 
 fo moving fhall firft offer and be ready to 
 pay the oppofite party all the cofts that 
 may have accrued to fuch party from the 
 inftitution of the a&ion, to the period of 
 fuch motion. And if under fuch condi¬ 
 tion the Court or the examining Judges 
 fhall permit the examination of any wit¬ 
 nefs or witnefTes in the caufe, the day to 
 be granted for that purpofe (hall be final 
 and conclufive, and judgment pronoun¬ 
 ced in the caufe, according to the courfe 
 of the Court, and its Rules of Practice, in 
 fuch cafe provided. 
 
 14. And inafmuch as the partial, as 
 well as the complete examination of wit- 
 neffes on one fide of a caufe, at one day ; 
 and alike examination of witnefles on the 
 other fide at another day, is attended vith 
 great inconvenience and frequent preju¬ 
 dice. It is ordered,that on calling on a caufe 
 from the Diary or Roll of Enquete , for 
 examination ol witnefles and proceedings 
 therein, all the feveral parties fubmit- 
 ting thereto or not oppofing the fame, 
 fhall be concluded as being fully prepared 
 for the complete and entire examination 
 of all their witnefles refpe&ively. And 
 
that no motion for delay in clofing the 
 Enquete , or for further examination of 
 any witnefs not attending, (hall be receiv¬ 
 ed or heard, unlefs made previous to the 
 examination of any witnefs upon the 
 opening of fuch Enquete. 
 
 15. And that if any party fhall move Every mo. 
 for the continuance of fuch Enquete , or } ,on fof d '- 
 the particular examination or any wit- supported by 
 nefs to be heard thereupon, it lhall be 
 under the feveral limitations and reftric. mi causes # 
 tions, directed for the putting off a trial 
 or Enquete. 
 
 16. And it (hall be in the difcretion of 
 the Court or the Judges, attending to 
 make fuch Enquete , under the fpecial 
 circumftances of the cafe, where no exa¬ 
 mination may have been entered upon, 
 to direct the entire continuance of the 
 Enquete , and examination of all the wit- 
 neues to a future day ; in which cafe, the 
 party moving for fuch continuance, {hall 
 pay to the oppofite party or parties, the 
 colts and expences of fummoning,and the 
 attendance of all the witneffes then at¬ 
 tending for examination. Or if no fuf- 
 ficient caufe be ihewn for granting a de¬ 
 lay, and the party moving for the fame 
 {hall refufe to proceed, the Judges, if the 
 examination were to be had out of Court, 
 may refer to the Court the conlideration 
 of the default of any party, refufing to 
 proceed as aforefaid, and thereupon the 
 Court will, upon fuch reference, or itfelf, 
 where the examinations were to have 
 been had in open Court, proceed to judg- 
 
 And it s^glj 
 be in thewi- 
 cretionof ibe 
 Court or jud¬ 
 ges to direct 
 the entire 
 continuation 
 of the En¬ 
 quete. 
 
 Subject to 
 payment of 
 cost* ••••«- 
 
 and if no suf¬ 
 ficient cause 
 be shewn for 
 delay, and 
 parties do not 
 proceed, ac¬ 
 tion may be 
 dismissed, as 
 by Art.^lO. 
 
Either parly 
 may oppose 
 and prevent 
 a partial ex¬ 
 amination of 
 witnesses * - 
 
 And there¬ 
 upon shall be 
 allowed costs 
 of jus witnes¬ 
 ses^ attend¬ 
 ance 
 
 And no far¬ 
 ther procee¬ 
 dings uotii 
 costs be paid 
 
 If more than 
 six witnesses 
 be examined 
 on one issue, 
 the party 
 moving the¬ 
 refor, to pay 
 6s. 8d. to the 
 opposite par¬ 
 ty, for costs 
 oh each wit¬ 
 ness above 6 , 
 previous to 
 the examina¬ 
 tion ••#... 
 
 ment according to the circumftances of 
 the cafe and default aforefaid, either in 
 granting a delay or ftriclly enforcing the 
 penalties declared by the 9th and 10th ar¬ 
 ticles of thefe Rules on Enqulete. 
 
 17. Provided always—that if any mo¬ 
 tion may he made at the opening of any 
 Inquete, whether in open Court or be. 
 fore judges in vacation for the partial ex¬ 
 amination of a part of the witneffes in the 
 caufe, the oppofite party fhall have a right 
 to op pole the fame, and infill on and ob¬ 
 tain t lie entire continuance of theEnquSte. 
 And thereupon have and obtain a full al¬ 
 lowance of cofts for e amining, and the 
 attendance of all his or their witneffes, ac¬ 
 tually attending to be examined. 
 
 And no further proceedings fhall be had 
 on the part of the failing party to proceed 
 as above faid, for the examination of his 
 witneffes, until all fuch cofts fhall have 
 been paid, as above directed. 
 
 18. And whereas by the Rules of Prac¬ 
 tice, no party in any caufe hath a right to 
 tax cofts againft an oppofite party, for 
 the examination of more than fix 
 witneffes upon any iffue raifed in 
 fuch caufe ; yet the oppofite par¬ 
 ty is frequently put to charges and ex- 
 pences in refpect to the examination of 
 witneffes above the number allowed ; It 
 is therefore ordered, that no further exa¬ 
 mination of witneffes above the number of 
 fix, as aforefaid, fhall take place, unlefs the 
 party moving for the fame do firft tender 
 and pay to the Attorney of the oppofite 
 
53 
 
 ■'••••• 
 
 party fix Ihillings and eight pence cofts 
 upon each witnefs fo to be examined, 
 above the number aforelaid. Nor lhall 
 any cofts be taxed to any Attorney as be¬ 
 tween Attorney and client for the exa¬ 
 mination of a greater number than fix 
 witneffes, on any iffue as aforefaid. 
 
 19. And it is underftood and directed, 
 that all the above rules lhall be equally 
 applicable to parties on a crofs cauie, or 
 wherein t.he defendant may conftitufe 
 himfelf an incidental plaintiff, and the 
 original plaintiff thereupon become the 
 defendant in fuch incidental demand; and 
 alfo in caufes of intervention, or oppo- 
 fition. 
 
 20. And it is declared and ordered, that 
 Ihould the Court or the Judges, examin¬ 
 ing witneffes on any Enquete appointed, 
 adjourn or continue the fame over to a 
 future day, that the day to which fuch ad¬ 
 journment lhall be made, lhall be taken 
 and confidered as making part of the day 
 from which fuch adjournment or con¬ 
 tinuance was made, and the feveral rules 
 abovementioned lhall be applied accord¬ 
 ingly. 
 
 21. And if on the day of Enquete, to be 
 taken before any Judges in vacation, any 
 party is not enabled or does not proceed 
 to the examination of his witneffes, or 
 any part thereof, and intends to claim a 
 right for fuch examination at a future 
 day, by reafons or caufes to be offered to 
 the Court for that purpofe—It is ordered, 
 
 No costsUx- 
 ed as be¬ 
 tween attor¬ 
 ney & ciieiit 
 for examina¬ 
 tion of wit¬ 
 nesses, above 
 6 .. 
 
 The sVfrre 
 Rules to ap¬ 
 ply to inci¬ 
 dental 
 
 An Enquete 
 adjourned 
 shall he con¬ 
 sidered a 
 continuation 
 of the same 
 day. 
 
 A party not 
 proceeding 
 to examine 
 all or any 
 part of hrs 
 witnesses at 
 the day of 
 Enqubte, ift 
 vacation, 
 shall be 
 bound to 
 move on the 
 
54 
 
 that fuch party be held to move the 
 Court on the firft day of its fitting, after 
 fuch Enquete fo appointed in vacation, to 
 be admitted to examine fuch witnefles as 
 could not have attended at the day of 
 Enquete appointed, and to them fhewfuf. 
 ficient caufe for fuch examination of wit¬ 
 nefles, otherwife the party fhall be con¬ 
 cluded from any claim or the e anima¬ 
 tion of witnefles in the cafe. And the 
 above 9th or 10th Rule fhall be applied 
 to the circumftances of the cafe for judg¬ 
 ment. 
 
 SECTION XXVIII. 
 
 Of Commissions R'ogatoires. 
 
 1. IT is ordered, that whenfoever any commilfion 
 Rogatoire may ifiue to perfons, hot being Judges or 
 judge of any of His Majefty’s Courts of record in 
 this province, the faid commiffioners fhall at their 
 firfl meeting for the purpofe of executing the faid 
 commiflion, adminifter the Oath No. 1—heareafter 
 mentioned to each other, and alfo the Oath No. 2, 
 to the clerk or clerks named and appointed by the 
 faid commiffioners for the faithful performance of 
 their refpe&ive duties in the execution of the faid 
 commilfion. And that there fhall be annexed to 
 every fuch commilfion a copy of the faid Oaths, fo 
 to be adminiftered,and of the Oath to the witnefles 
 
 first day of 
 the ensuing 
 terro.for such 
 examination, 
 or 
 
 lie conclud¬ 
 ed and fore¬ 
 closed • • • • 
 
 & judgment 
 may be giv 
 en upon the 
 9th or 10th 
 Jl-.le.. or 
 •.•Upon the 
 Circumstan¬ 
 ces of the 
 case,. 
 
55 
 
 to be fworn by the commiffioners; which faid 
 Oaths {hall be delivered to the Prothonotary of this 
 Court, with the interrogatories and the inftru&ions 
 directed by the 3d and 4th articles of this rule, for 
 the execution and return of the faid commiffion, to 
 be annexed to the commiffion. 
 
 No. 1. Oath to be administered to each of the 
 several commissioners by themselves respec¬ 
 tively. 
 
 “ YOU fwear, that you will according to the 
 “ belt of your {kill and knowledge, truly, faithfully 
 “ and without partiality to any or either of the 
 “ parties in this caufe, take the examinations and 
 “ depofitions of all and every witnefs and witnefles, 
 “ to be produced and examined by virtue of the 
 “ commiffion hereunto annexed, upon the interro- 
 “ gation hereunto alfo annexed, now produced and 
 “ left with you, and you {hall not publifh, difclofe, 
 “ or make known, to any perfon or perfons what- 
 “ foever, except to the clerk or clerks, to be by 
 “ you employed and fworn to fecrecy in the exe- 
 “ cution of this commiffion, the contents of all or 
 “ any of the depofitions of the witnefles or any of 
 “ them, to be taken by you and the other commif- 
 “ fioners, in the faid commiffion named, or any of 
 “ them, by virtue of the faid commiffion, until pub- 
 “ lication fhall pafs by rule or order of the Court of 
 «* King’s Bench for the diftrict of Montreal. * 
 
 SO HELP YOU GOD. 
 
56 
 
 *&• *. Oath to be administered by the commit-* 
 
 sioners to the clerk , appointed for taking and 
 transcribing the answers of witnesses, &V. 
 
 “ YOU fwear that you will truly, faithfully and 
 “ without partiality to any or either of the parties 
 m tins cause, take and write down, tranfcribe 
 
 * and engrofs the depofitions of all and every wit- 
 “ nek; and witneffes, produced before and examined 
 
 7 the commiffioners, or any of them named in 
 the commiffion hereunto annexed, as far forth as 
 “ y?]i are directed and employed by the faid com- 
 
 * mi ^ 10n ^rs or any of them to take, write down, or 
 “ engrofs the laid depofitions, or any of them. And 
 
 you (hall not publifh, difclofe, or make known, to 
 “ any perfon or perfons wffiatfoever the contents 
 of all or any of the depofitions of the witneffes, 
 
 * or any of them, to be taken wrote down tranf- 
 
 4 /u ° r en S r °ff e d by you, or whereto you 
 ihall have recourie, or be any wife privy until 
 14 publication (hall pafs by rule, or order of the 
 “ Court of King’s Bench, for the diftrid of Mon- 
 “ treal. 
 
 SO HELP YOU GOD. 
 
 2. It is ordered that whenever there may be any 
 fuch commiffion Rogatoire to be executed by com- 
 miffioners as aforefaid, the feveral interrogatories 
 to be put to a witnefs produced (after he hath 
 been duly fworn) by the faid commiffioners Ihall 
 be propofed and declared in their regular order ; 
 and that the anfwer of the witnefs (hall be taken 
 dow n by the clerk, to each interrogatory, previ¬ 
 ous to propofing, or making known a fecond, or 
 any further interrogatory and fo continued until 
 the whole examination may be clofed. 
 
. ~ 7 
 
 3. It is ordered, that after a fvitriefs hath been 
 iworn, his examination fhall be taken in the manner 
 above faid, in the prefence of at leaf! two of the 
 commiffioners named in the commiffion, and if the 
 faid commiffioners (hall have been named, the one 
 half on the part of the plaintiff, and the other half 
 of them on the part of the defendant, then in the 
 prefence of two of fuch commiffioners, one of 
 tohom may have been named on the part of the 
 plaintiff and the other on the part of the defendant, 
 if the faid commiffioners on the part of each party 
 as aforefaid fhall attend for that purpofe ; but in 
 cafe of refufal, or non attendance, the examination 
 may be had and taken before the two commiffion¬ 
 ers ready to attend and execute the faid commiffion, 
 and that no perfon or perfons fhall be prefen t at 
 the examination of any witnefs but the commiffi¬ 
 oners fo examining the witnefs and their clerk. 
 And that previous to the examination of any wit¬ 
 nefs, the commiffioners aforefaid fhall adminifter to 
 each witnefs the Oath following. 
 
 <c YOU fwear, that you will true anfwers make 
 ic to all fuch queftions as fhall be afked of you on 
 “ thefe interrogatories, without favour or affe&ion 
 <c to either party, and therein you fhall fpeak the 
 ie truth, the whole truth, and nothing but the 
 " truth.” 5 
 
 SO HELP YOU GOD, 
 
 4. That after the execution of the commiffion 
 may have been completed, the commiffioners exe¬ 
 cuting the fame fhall bind and attach to the writ 
 or commiffion, all the feveral examinations of the 
 
 witnefles, and all writings produced and to which 
 
 8 
 
58 
 
 the faid examinations may refer. And alfo annex 
 to the commiffion a lift of the witneffes examined 
 (which fhall be flgned by the faid commiffioners) 
 together with the feveral oaths adminiftered and the 
 inftructions tranfmitted with the commiffion pre¬ 
 vious to executing the fame ; and after the fame 
 may be infeparably bound together under their 
 feals. They fhall certify, on the back of the com¬ 
 miffion, their return of the execution of the faid 
 writ. The fame {hall then be put under a cover 
 and fcaled up directed to one of the Prothonotaries 
 of this Court, and the title of the caufe, and names 
 of the parties in the fuit fhall be thereon infcribed, 
 and thefe words added, “ A commiffion Rogatoire ,” 
 executed and returned by - — naming the 
 
 commiffioners who had executed the fame. 
 
 5. IT is ordered, that previous to the publication 
 of any commiffion Rogatoire that may have been 
 executed within this province, or in the province 
 of Upper Canada,by commiffioners, not being judge# 
 of His Majefty’s Courts of record in this province, 
 an affidavit fhall be made before one of the Judges 
 of this court by the perfon, holding fuch commiffion 
 & return, of his having received the fame from fome 
 one of the commiffioners therein named, for the 
 purpofe of being returned into this Court, to be of 
 record ; and that the faid commiffion is in the fame 
 ftate and condition as when fuch perfon received 
 the fame for return, as aforefaid. 
 
 6. That notice fhall be given to all the parties 
 concerned in the faid commiffion and return of 
 any motion to be made for the publication there¬ 
 of, and all obje&ions which can then be made to 
 fuch commiffion and return, fhall be raifed and 
 heard prior to fuch publication. 
 
59 
 
 7- It is ordered, that in any caufe where the de¬ 
 fendant may have appeared either perfonally, or 
 by an Attorney of this Court, (except in cafes when 
 a defendant may be n default for not pleading, 
 or otherwife) no commillion Rogatoire {hall be 
 granted until after iffue may be joined between the 
 parties on the merits. And that after the iffue 
 may be joined, as aforefaid, either party, who may 
 be defirous of obtaining fuch commillion, Ihall 
 move for the fame, within four days after iffue may 
 be joined as aforefaid, if in Term, and if in vacati¬ 
 on by application, within the period aforefaid, t o 
 two of the Judges of this Court, who may grant 
 an order therefor, to be fued out within fuch time 
 as may be confidered reafonable at the period of 
 applying for the fame on the requite, or petition of 
 fuch party, to be filed of record in the caufe. 
 
 And that no commillion Rogatoire Ihall be grant¬ 
 ed, in any caufe as above, unlefs moved or applied 
 for within the period aforefaid. 
 
 And upon the order being made for iffuing any 
 commillion, as aforefaid, the party obtaining fuch 
 order Ihall forthwith, and without delay, fue out 
 the faid commillion, and expedite the due execution 
 and return thereof ; otherwife it Ihall be compe¬ 
 tent for the oppofite party to proceed in the caufe 
 as if no fuch commillion had been moved for, of 
 granted. 
 
SECTION XXIX. 
 
 Of Fails iff Articles. 
 
 I. WHEREAS parties in fuits are entitled to 
 obtain an examination of the refpe&ive fuitors up-’ 
 on Faits iff Articles that may be deemed relevant 
 (pertinent) to the matters . in conteft, provided 
 that the lame may be requird and had, “ sans re¬ 
 tardation de F instruction ei jugemeritf to the end, 
 therefore, of preventing delays by undue applica¬ 
 tions for fuch examinations : It, is ordered, that 
 Faits, iff Articles may be moved for and had il en 
 tout hat de cause ,” that is to fay, at any time after 
 filing the declaration until doling the Enquete } pro¬ 
 vided that every party who, on the lall day ap¬ 
 pointed for the examination of witneffes, may 
 move to examine the oppofite party on Faits & 
 Articles, do apply for the fame to be had in a rea- 
 fonable delay, “ sans retardation du jugement ” and 
 that a day be at the time of fuch application fix¬ 
 ed and appointed for that purpofe, and the party 
 fo applying fhall be thereby concluded : and that 
 no examination on Faits iff Articles fliall be grant¬ 
 ed, or had in any caufe after the evidence may 
 be clofed, nor after a venire facias mav have ifiued 
 for fuminoning a Jury in any caufe appointed for 
 fuch trial, unlefs upon fpecial circumftances that 
 were not, or reafonably could not be prefumed 
 to be in the knowledge of the party fo applying 
 for any fuch examination, after the period above 
 mentioned. 
 
 2 . That every permilfion for the examination 
 of any perfon on Faits iff Articles, together with 
 a copy of the feveral articles to which the party is 
 
required to anfwer, fhall be perfonally ferved on 
 the perfon enjoined to anfwer fuch Faits & Arti¬ 
 cles, unlefs in cafes where the party in the fuit, 
 who may be enjoined to anfwer, as aforefaid ; 
 may have appeared in the faid fuit pcrfonally, or 
 by an Attorney of this Court, in which cafe, a 
 fervice of the order and a copy of the Fa ts k Arti¬ 
 cles as aforefaid, at the actual dwelling houfe 
 and domicile of the party, may be held to be 
 fuificient for proceedings thereon. 
 
 SECTION XXX. 
 
 Of Trial by Jury , and the several proceedings 
 thereon. 
 
 WHERE AS, trials by Jury in certain civil ca¬ 
 tions, upon issue joined by the parties for such 
 trial, may be lawfully had in this Court ; To 
 the end of ascertaining the right of such trials , 
 to prevent delays in Striking Juries, and declare 
 a certain regular course of proceeding therein . 
 
 IT is ordered, that every fuit or action to 
 be mftituted, where any plaintiff may be de- 
 firous of fuch trial, the fame fhall be moved for 
 by the plaintiff on the day of the defendant’s 
 appearance. 
 
 2. And whenfoever any defendant may be de- 
 ftrous of a trial by Jury, and entitled to the 
 
6 * 
 
 fame by law, he fliall, at the time of pleading 
 an ifliuble plea, conclude therein to the conntry. 
 
 3. That in every cafe when a plaintiff may, on 
 the defendant’s appearance, move for, and be en¬ 
 titled to, a trial by Jury, the defendant in pleading 
 an iffuable plea to the merits of the a&ion fhall 
 therein conclude to the country, and the plaintiff 
 fhall, in replying to the merits, in like manner take 
 iffue to the country. 
 
 4. That every defendant, who may be deffrous 
 of a trial by Jury, fhall at the time of filing his 
 plea, and previous to filing the fame, pay into the 
 hands of the Prothonotary of this Court the fees 
 which the Jury may be entitled to receive upon 
 their attendance or verdict when made and ready 
 to be delivered. And the plaintiff, at the time of 
 and before filing out a Venire Facias, fhall in like 
 manner pay into the hands of the Prothonotary 
 the fees of the Jury as aforefaid. And either pat¬ 
 ty falling to pay the fees aforefaid, the Prothon¬ 
 otary is hereby directed not to receive the plea nor 
 iffue the writ of Venire Facias aforefaid. 
 
 Of Striking 7 r- That wkenfoever a regular if- 
 tbe Jury, t ffu e way t> c joined in any caufe 
 J ’ * where, by law, and under an or¬ 
 der of the court, the trial thereof may be had by 
 Jury, the party applying for the fame fhall give 
 notice to the adverfe party, or his Attorney in 
 Court, which notice fliall not be lefs than twenty 
 four hours, to attend at the office of the Prothono¬ 
 tary for the purpofe of ftrikinga Jury in the caufe. 
 And the Prothonotary, at the time of fuch attend¬ 
 ance, and in the pcefejice of the parties, or their 
 
^3 
 
 **•••• 
 
 Attornlcs, fhall from the Book of Jurors regularly 
 made and depofited in his office, and from the lift 
 of fpecial, or other Jurors, as the cafe may require, 
 make a roll or lift of forty eight names, from 
 which the plaintiff, or defendant, or their attornies, 
 fhall alternately ftrike a name to the number of 
 twenty four, and the remaining twenty four per* 
 fons fliall form the panel to be annexed to the veni¬ 
 re Facias , or fummons ; and upon which writ they 
 fhall be feverally fummoned to appear for the trial 
 of the iffue joined, and a Jury therefrom may be 
 legally impanelled and fworn. 
 
 i. And whenfoever the plaintiff’s or defendant's 
 Attorney may not attend to ftrike the Jury, as a- 
 forefaid, or may, if attending, refufe to ftrike the 
 names of Jurors to form a panel upon which a 
 venire Facias may iffue, the Prothono'ary fhall ftrike 
 the names of Jurors from the lift of Jurors in place 
 of the Attorney not attending or refufing, as afore, 
 faid. 
 
 3. That the iffue or iffues in any cafe formed, for 
 the trial and verdict of a Jury, fhall not be altered 
 to be tried by the Court, unlefs improperly formed 
 to be tried by a Jury. 
 
 Of Defendant's De- 1 And in every cafe where a 
 fault to Proceed. V plain tiff or defendant, apply. 
 J J ing for and obtaining an or¬ 
 
 der for a trial by Jury, fliall during the fpace of two 
 days after iffue joined, neglect to proceed therein, and 
 to give due notice to the oppofing party to attend 
 and ftrike the Jury as above faid, or fhall not at. 
 tend to ftrike the faid Jury, or not take out a veni¬ 
 re Facias to fumnion the faid Jury, the plaintiff, or 
 
his Attorney may give due notice to the defendant 
 to attend and ftrike fuch Jury, and may, after du- 
 ly ftriking the fame, in manner as above faid, take 
 out a venire Facias and proceed to obtain a trial in 
 the caufe, in the fame manner as if the order for 
 fuch Jury had been obtained at the plaintiff’s in- 
 fiance. 
 
 Of Notice 7 And after ftriking the jury, as a- 
 <f Trial. J foreaid, due notice of trial fhall be 
 gien by the party applying for 
 fuch Jury, or fuing out the Venire Facias , to 
 the oppofite party, or by the plaintiff in cafe of 
 the defendant’s neglect as above faid, two full 
 days, at leaft, before the trial fhall be had. 
 
 Of the 7 Anc * t ^ ie writ of Venire Facias 
 Venire Facias, j be iffued four days, inclu- 
 five, and the Jury be fummoned 
 twenty four hours before the return of fuch writ 
 and trial of the caufe. 
 
 Of Evidence 7 That each party be admitted to 
 to the Jury. J adduce in proof, as well the writ¬ 
 ten documents filed in the caufe 
 whereon the action or defence may be founded, as 
 all fuch other written evidence or verbal teftimony 
 as legally in the due courfe of trials by Jury may 
 be offered and given in evidence. But no part of 
 which written evidence, except fuch as may be 
 
filed agreeable to the rules of practice, and whereon 
 the demand or defence may be founded and refer, 
 red to in the pleadings, fhall be filed in the caufe, or 
 jnake part of the record. 
 
 Of 7 That in every cafe, fo foon as the Jury 
 tferdict I may he fworn, the parties, pla-ntiff and 
 ’ J defendant (hah be called, and i f neither 
 £hall appear, the Jury (hall forthwith be difeharged* 
 But if the plaintiff (hall appear, and the defendant 
 Iha.ll not appear, his default Jhail be recorded, and 
 the evidence of the plaintiff fhall be heard ex parte 
 and the verdicl of the Jury taken thereon and 
 judgment entered, as to Jaw and juftice may per” 
 tain. 
 
 Of Non 7 !• And if the defendant being fo eall- 
 
 Suit. V e( * fhall a PP ear > and the plaintiff being 
 J called fhall not appear, the default of 
 the plaintiff fhall be recorded and judgment of non 
 fuit thereupon instanter entered, difmiffing the 
 plaintiff’s action, sauf a se pourvoir , with cofts to 
 the defendant. 
 
 2. That in every cafe in which a Jury fhall be 
 fworn, and the plaintiff fhall chufe, at any time be¬ 
 fore the verdict of fixch jury fhall be given, to be¬ 
 come non fuit, and for that purpofe fhall withdraw 
 from the Court, the plaintiff fhall be called, 
 and if not appearing, the default fhall be recorded, 
 and judgment of non fuit thereupon entered instan• 
 ter , difmiffing fuch plaintiff’s aft ion, sauf a te psur- 
 voir, with cofts to the defendant, 
 
 9 
 
66 
 
 SECTION XXXI. 
 
 Of New Trials. 
 
 THAT all motions for New Trials Ihall be made 
 previous to any motion in arreft of judgment, and 
 within four days, exclufive of the day of Trial af¬ 
 ter verdid had, if fo many days remain in theTerm: 
 and if not, then on the firft day of the ne t Term, 
 and after two full days notice to the adverfe party, 
 or his Attorney in Court; and every fuch notice 
 Ihall briefly e prefs the feveral grounds of, or caufes 
 Upon which, fuch New 1 rial is to be moved for as 
 aforefaid. And every fuch motion that may be fo 
 made, under notice as aforefaid, and duly entered 
 as herein after direded, fhall be fully heard without 
 further delay. Provided, that no motion in the 
 caufehas been pievioufly made in arreft of judg. 
 ment ; as no motion for a New Trial will be ad¬ 
 mitted in any cauft, after a motion in arreft of 
 judgment. 
 
 SECTION XXXII. 
 
 Of Arrest of Judgment. 
 
 THAT each party in a fuit having a right to 
 move any matter in Arreft of Judgment, Ihall be 
 obliged to make fuch motion, and may be fully 
 heard thereupon, under the like notice and caufes 
 therein afflgned, and within a like period of time 
 as is above ordered to be obferved in all motions 
 for New Trials, and not otherwife. 
 
6 7 
 
 SECTION XXXIII. 
 
 Of the Entry of Motions for New Trials or in 
 Arrest of Judgment. 
 
 THAT a copy of every notice of motion to be 
 made for a New Trial, or in arreft of judgment, as 
 above is expreffed, fhall be filed in the caufe with 
 the Prothonotary, three days inclufively, before the 
 day on which the motion is to be heard. And the 
 Prothonotary fhall enter, or exprefs the fame in 
 the Judges’ Book, or lift of caufes, two whole days 
 before the hearing of fuch motion. 
 
 SECTION XXXIV. 
 
 Of Peremption , or discontinuance of Actions» 
 
 WHEREAS great delays do often arise in the 
 prosecution of suits before this Court, some of 
 which remain pending therein, even after the 
 matters in litigation have been settled by the 
 parties, whereby the number of suits is unne¬ 
 cessarily accumulated—It is therefore ordered , 
 
 i. THAT every fuit now pending before this 
 Court, by original attion, oppofition, or interven¬ 
 tion, or which may hereafter be inftitured or made 
 therein, and in which no proceedings fh.aU be had 
 
68 
 
 in open Court, or upon order of this Court for 
 two fucceeding Terms, fliaU be deemed and taken 
 to be deferted by the plaintiff, or party profecuting 
 the fame, or interefted therein, and thereupon be 
 difmififed with cofts, upon the laft day of the fecond 
 Term, in which no proceedings fhall he fo had, or 
 any fubfequent day in Term thereafter, upon mo¬ 
 tion for that purpofe of any of the parties concern¬ 
 ed. And on default of fuch motion the Court will 
 ex officio on (he fanie day. Or at Jny fubfequent day, 
 difimfs fuch fuit, Oppofifion, intervention, or other 
 claim, but without cofts to either party. 
 
 2. And inasmuch 3 $ every plaintiff, or deman¬ 
 dant, fhould be bound to profecute his claim within 
 a reaionable time to a final conclufion : 
 
 It is ordered, that no caufe fhall remain on the 
 records of this Court, for the purpofe of any fur¬ 
 ther proceedings therein being had after twelve 
 Terms from the inftitution of fuch a&ion, or de¬ 
 mand (of which the ! erm,in which the fame was in- 
 ftirured fhall be accounted ofre)unlefs fufficient caufe 
 be fhewn to the contrary. And that either party 
 interefted in (he caufe may, ort the firft day of the 
 thirteenth Term, or at any other fubfequent peri¬ 
 od, move for a judgment, declaring an abfolute 
 peremption in the laid caufe,. and difmiffing the 
 fame as aforefaid, or this Court ex officio t upon the 
 certifkate of the Prothonotary that the faid caufe 
 has been entered in this Court during twelve 
 Terms, as aforefaid, will difmifs fuch caufe, and 
 adjudge an abfofute peremption of the fame, with 
 cofts. 
 
6 9 
 
 SECTION XXXV. 
 
 Of Executions. 
 
 1. TH \T no execution {hall iffue on any judg¬ 
 ment of this Court, fubje<S to appeal, until after the 
 expiration of fifteen days from the date of fuch 
 judgment. Nor for the fpace of twenty days from 
 the date of fuch judgment, where the party, mean¬ 
 ing to appeal therefrom, (hall have lodged good and 
 fufficient fecurity to profecute the fame with effe<ft. 
 
 2. That whenfoever no execution may be fued 
 out within twelve months from the date of any 
 judgment whereon execution might have iffued, 
 or whenfoever twelve months may have elapfed 
 fince the date of the return of any execution, no 
 writ of execution fhall be fued out, until after a 
 Rule Nisi be obtained, and regularly ferved on the 
 party debtor by fuch judgment, to Ihew caufe, if 
 any he hath, why an execution {hould not iffue, to 
 levy from the debtor the amount of fuch judgment, 
 or any part thereon, due and unfatisfied. 
 
 3. And whereas it is proper, that all the evi¬ 
 dence of record, whereon any judgment may have 
 been made, {hould appear in the faid record, fo 
 long as the judgment remains unfatisfied, and any 
 execution to be fued out thereupon—It is further 
 ordered, that no writ of execution do iffue on a 
 judgment, in any caufe wherein the leveral exhib¬ 
 its and evidence filed in the faid caufe ; may not 
 remain of record, either by the original evidence, 
 or fuch authenticated copies thereof, as this Court, 
 on hearing the party applying to withdraw fuch 
 original, may have fpecially ordered. 
 
7o 
 
 • • • • • 
 
 4 ‘ That a fcparate book and regifter fhall be 
 made and kept by the Prothonotaries, of all execu¬ 
 tions which may be iffued from this Court, fpecify- 
 mg therein the defeription of the writ, and againft 
 what it may be particularly directed, the parties in 
 the caufe, the number of fuch caufe, the name of the 
 attorney or perfon at whofe inftance the writ may 
 ilaie, the amount to be levied by virtue thereof, the 
 caule of action, the date of the judgment on which 
 the writ may be founded, the day on which the 
 writ may iffue, and the period of the return 
 thereof; and to which Regifter (hall be annexed, 
 at t .e end, and in the fame book, an alphabetical 
 Index, referring to the parties and execution that 
 may have been iffued, as aforefaid. And that no 
 execution do iffue from this Court, until after an 
 entry thereof fhall have been made in the regifter 
 aforefaid, in the manner above directed. That all 
 the Attornies of this Court, or perfons having fuits 
 therein may, at all times, during office hours, have 
 free accefs to the faid regifter, gratis, 
 
 5. That no execution, taken out to levy monies 
 from the chattels of any debtor, fhall be made re¬ 
 turnable at a period beyond the next enfuing Term 
 of this Court, after which fuch execution may iff 
 fue. And on the back of every execution fhail be 
 indorfed the number of the cafe, or record of the 
 caufe, on which fuch writ fhall have iffued. 
 
 6 . That no executions fhall iffue to levy monies 
 from the real estate of any debtor, (not efpeciaily aff 
 fenting thereto,) until after a return of an execu¬ 
 tion to levy the amount of fuch judgment from 
 the personal estate of the dehtor. 
 
 7. And whereas inconvenience and hardfhip may 
 arife to creditors, by a delay for a day in Term to 
 return a writ of Ft. fa. to levy monies from the 
 
7 * 
 
 chattels aforefaid, and whereon no chattels have 
 been attached, or fuch only as may in part fatisfy 
 the plaintiff’s debt. It is permitted that fuch writ 
 of Ft. fa. may be returned in vacation, after due 
 diligence in the execution thereof, to be certified by 
 the returning officer, and whereupon an execution 
 may iffue to levy from the debtor’s real eftate. 
 
 8 . Whereas doubts have arifen on the right of 
 a judgment creditor, who may have caufed his 
 debtor to be arrefted, according to law, and may lie 
 in prifon, under fuch arreft, to obtain a writ of 
 Capias ad satisfaciendum , whereby the debtor may be 
 charged in execution, for the payment of a judg* 
 ment obtained. 
 
 It is ordered, that, upon every final judgment 
 obtained againft any perfon, who may be in prifon 
 under procefs of Capias or attachment, or a fur* 
 render of the debtor, who may have been attached 
 or held to bail, the judgment creditor maj, after 
 fifteen days from the da^e of fuch judgment, ob¬ 
 tain from the Prothonotary of this Court, a writ 
 of Ca. Sa. againft the debtor, for the amount of the 
 judgment aforefaid, unlefs the debtor, defendant, 
 fhall have lodged good and fufficient fecurity in the 
 Prothonotary’s Office of this Court, to profecute 
 an appeal from the faid judgment; in which.cafe 
 no Writ of Ca. Sa. fhall iffue. And every perfon 
 who may lie in Gaol under a writ of Capias ad res - 
 pondendum i or be committed after a furrer.der by 
 the debtor or his bail, and not be charged in execu¬ 
 tion upon a writ of Ca. Sa. within two days after 
 the period at which the plaintiff might legally 
 have had and obtained fuch a writ, to charge ’the 
 debtor, every fuch debtor, held and detained in 
 Gaol, under a writ of Capias ad respondendum , or fur- 
 render as aforefaid, fhall and may be difeharged by 
 the order of this Court, or of any one of the judg¬ 
 es thereof, in vacation. 
 
72 
 
 SECTION XXXVI. 
 
 Of the Sheriff's Office , Upon the receipt and return 
 of writs , And of levies and sales , 
 under Execution. 
 
 1. IT is ordered, That the Sheriff of this dif- 
 trict do return all Writs, Eecutions and Procefs to 
 him dire&ed, at the return day expreffed in fuch 
 Writ, Procefs, or Execution, refpe&ively, which 
 regularly may be done without any fpecial rule, or 
 order for that purpofc. 
 
 2. That whenfoever the Sheriff of this diftricl 
 fliall, by virtue of any Writ of Execution, or Ex¬ 
 ecutions, fell any Chattels, or Real Eftate of one 
 and the fame debtor, he fhall, by his return, diftin- 
 guifh, how much he has levied and made from the 
 fale of chatties, or perfonal property, and how 
 much from the fale of Lands and Tenements, or 
 Real eftate ; and if Real Eftate, to whom fold, and 
 the conditions on which the fame may be fold. 
 And fhall alfo ftate, by his faid return, an account of 
 the particular difburfements, as well upon the fale 
 of the perfonal, as upon the Real Eftate, and there¬ 
 in fpecify his feveral charges for fees allowed by law. 
 
 3. And whenfoever the Sheriff may, in virtue of 
 any Execution, or Executions, attach and feize va¬ 
 rious and different Real Eftates, of one and the 
 fame perfon, in order to levy and fatisfy one, or 
 more judgments, he fhall expofe the fame to fale 
 feparately, and, when fold, fhall, in fo far as may 
 be, keep feparate and diftinct the feveral difburfe- 
 ments, fees, and charges, about the fales thereof, 
 in the manner before dire&ed. 
 
73 
 
 And, in the fale of chatties and personal proper, 
 ty, he fhall in the fame manner expofe the fame to 
 fale, by fo many lots and parcels, as may be moft 
 likely to produce the beft price for the chatties fo 
 to be fold. 
 
 4. That the Sheriff do keep a hook of regifter 
 of all writs of execution that may come to his 
 hands for levy and execution, lhat therein fhall 
 be fpecified the del'cription of each writ of execu¬ 
 tion, the names of the parties, the number of the 
 cafe, the name of the Attorney, or perfon by whom 
 fuch writ fhall have been fued out, the amount to 
 bd levied, under and by virtue of the faid writ, the 
 date of the judgment, whereon fuch execution if- 
 fued, the return day thereof, and the day on which 
 the fame fhall have been returned ihto the Pro. 
 tlionotary’s office, the ambunt levied, the means by 
 Which the fame had been levied, the day of fale 
 and, if real eftates, to whom fold, and as well the 
 amount of difburfements as ^of his fees, upon the 
 levy aforefaid. 
 
 And upon the fales of all real eftates, where any 
 oppofitions tfiiy be made, a feparite book of regif. 
 ter fhall be kept wherein, in addition to the above 
 entries, he do infert on the faid regifter the nature 
 of the oppofition made, and the day of receiving 
 the fame,* the name of the Attorney, or perfon by 
 whom fuch oppofition may be made, and, if with¬ 
 drawn, the time of withdrawing the fame, lhat 
 he do indorfe on all oppofitions, filed in his office, 
 the period of receiving the fame. 
 
 And on the return of every execution, whereon 
 there may be oppofitions filed,he do make a fchedule 
 thereof in their regular order, according to the 
 time, and in fefpetft to other oppofitions in the 
 fame cafe, and if any oppofition hath been with- 
 
74 
 
 drawn, he do Hate the fame; and alphabetically 
 mark and ftate the feveral oppofitions in his re. 
 turn aforefaid. 
 
 5. That all the Attornies and fuitors in this 
 Court interefted in the levy of monies, under writs 
 of execution, may have at office hours, free accefs 
 gratis, to examine the regifter of the Sheriff above 
 directed ; and more efpecially to examine all the 
 feveral oppofitions to the levy of any monies on 
 fales of chattels or real eftate. 
 
 • 
 
 6. That to each of the {aid Regifters be annexed, 
 at the end thereof, an alphabetical index or refer¬ 
 ence to the feveral caufes and entries therein made. 
 
 7. And that the Sheriff do, on the firft 
 day of January, every year, return into the Pro- 
 thouotary’s office, a correct copy by him figned, of 
 the book of Regifters of executions above directed. 
 
 SECTION XXXVlI. 
 
 Of Oppositions to the Sale of Effects pnd Estate , 
 seizea by Execution , or to the Distribution 
 of the Proceeds of such Sales. 
 
 WHEREAS it is necessary to provide , in so far as 
 may be,such rules and orders as may direct a reg¬ 
 ular and speedy course of discussing and adjudg¬ 
 ing upon all oppositions that may be made to the sale 
 
75 
 
 of personal or real estate , seized and attached 
 upon writs of execution ; And to the end of 
 preventing the delays , expence , and injustice 
 which creditors may sustain , through the means 
 of illegal , vexatious and groundless oppositions , 
 /o frustrate the payment of just debts :— 
 Jt is therefore ordered , 
 
 THAT all oppolitions which may be made to 
 the levy and fale of any perfonal or real 
 ellate, which may be attached or feized up- 
 on any execution iffued out of this Court, and 
 whereby any party, fo oppofing, may claim a right, 
 either to have any fuch feizure declared null and 
 void, or a right of charge or incumbrance of what 
 nature foever upon the fame, lhall fuccin&ly ftate, 
 in fuch his oppolition, all and every ground or 
 caufe thereof, and to which he may pretend to have 
 right of what nature foever. And the faid oppo- 
 fttion {hall contain a clear defeription and election 
 of the oppofant’s Domicile. 
 
 And where the feizure may be of any real eftate, 
 and the oppolition be made. 
 
 S Afin cfannuller, or 
 v A fin de distraire , or 
 
 A fin de charge —the fame lhall be made before 
 the fale of the realties, or where the oppofition 
 may be againft the fale of any chattels, the fame 
 lhall be made before the fale of any fuch perfonal 
 eftate. 
 
 And where the oppolition may be a fin de con- 
 server , whether upon the proceeds of a real or per¬ 
 fonal eftate, the fame lhall be made either before, 
 or within twenty-four hours after, the return of the 
 writ of execution, under which faid lands or chat¬ 
 tels may be fold, and not otherwife. 
 
7f 
 
 And no oppofition {hall be prefered, or admitted 
 to be made, by the fame perfon, or others in his 
 behalf, for any rights or claims which he may pre¬ 
 tend to have, touching any feizure, as aforefaid, 
 and that could have been claimed or made at the 
 period of preferring the original or firft oppofition, 
 in the manner above directed. 
 
 2. That every perfon, who may prefer and make 
 any oppofition as aforefaid, fliall file with the Pro- 
 thonotary, his declaration or ftate of the feveral 
 claims, or moyens d'opposition to be made, after due 
 notice given to file the fame, and in which fliall be 
 clearly ftated all and every Jiis caul'e or moyens d'op¬ 
 position of w'hat nature foever, and whereon a full 
 anfwer or plea may be made and illue taken, and 
 •that, no other or further oppofition, claim or moy. 
 ens fliall be made by or received from the fame per¬ 
 fon, to the fame levy and feizure. 
 
 3. That every perfon, who may file any fuch 
 caufe or moyens d’opposition, fliall, at the fame time, 
 make an election of domicile in this city, if the 
 firft election made, as aforefaid, be not in this city, 
 and failing fo to do, the office of the Prothonotary 
 fliall be taken as his domicile or place of abode, to 
 every legal intent that may be requilite, touching 
 the proceedings of the Court to be notified to the 
 perfon fo oppofing. 
 
 4. That every jierfon, who may file any fuch dec¬ 
 laration, or claim, or moyens d'opposition, fliall, at the 
 lame time, file in the fame office the feveral deeds, 
 documents and writings, or certified copies there¬ 
 of, which may be in his power or pofleffion, and 
 whereon the feveral rights, claimed by the laid 
 moyens, are to be maintained, together with a cer¬ 
 tified lift of the fame. 
 
 t 
 
77 
 
 5. That the perfon, at whofe inftance any (ciz- 
 ure may have been had, or others intereftcd in any 
 oppofition to the fame, (hall take communication 
 of the faid declaration or moyens , and the feveral 
 documents fo filed as aforefaid, and make anfwer 
 thereto, within three days from the day of filing 
 the fame, and under the like rules that a defendant 
 is bound to plead to the merits of a caufe. 
 
 6. And it is further ordered, That all and eve¬ 
 ry the rules of this Court, refpe&ing original fuits 
 and the courfe of proceeding therein, in fo far as 
 the fame may be applicable to claims preferred by 
 oppofition, (hall be ftri&ly adhered to, as the rules 
 for proceeding thereupon. 
 
 7. To the end, that all perfons interefted in the 
 levy and returns of executions to be iflued out of 
 this Court, may be informed when fuch returns 
 are made—It is ordered, that the Prothonotary of 
 this Court do, from time to time, on every day 
 when any execution may be returned by the She¬ 
 riff, and filed of record, fix and place to public 
 view, in his the faid Prothonotary’s office, a lift of 
 fuch returns, exprefling the names of the parties, 
 plaintiff and defendant. That the rules of this 
 Court rcfpecting oppofitions to be made after the 
 return of executions, (hall be confidered to apply 
 to the period that the faid lift was fo affixed by the 
 Prothonotary, in the office aforefaid. 
 
 SECTION XXXVIII. 
 
 Of Proceedings in respect to Appeals. 
 
 i. THAT on the allowance of every writ of ap^ 
 peal, the Prothonotary in making up the record, 
 for a due return to fuch writ, do mark numerical- 
 
78 
 
 ly and progrcffively, in the regular courfe of pro¬ 
 ceedings had in fuch caufe, every paper filed of 
 record in fuch caufe, beginning with the writ 
 of fummons, and continuing the fame mark 
 at the head of each feparate paper until the whole 
 be concluded. That he do then make out an In¬ 
 dex, or lift of reference to the whole, to each by 
 number, title, and difeription under his fignature 
 to be annexed to fuch record, previous to the re¬ 
 turn. 
 
 That he do preferve and file in his office a copy 
 of fuch lift, or Index of the feveral papers fo to be 
 tranfmitted with the record. 
 
 2. That upon the return of the record, fo tranf- 
 mitted in appeal, he do enter on the regifter of 
 this Court, a copy of the judgment made in ap¬ 
 peal, with a reference to the fame as making part 
 of the record in fuch cafe. 
 
 3. That the Prothonotary, do keep a book to be 
 entitled “ Causes and "Judgments in Appeal ,” where¬ 
 in lhall be entered the title of the caufe, or names 
 of the parties, the No. and Term, at which the 
 fuit was profecuted, the fubje<ft of the demand, an 
 abftracl of the judgment, and the day it was given, 
 the period of the appeal, and an abftracl; of the 
 judgment in appeal : To which book lhall be an* 
 nexed an Index of alphabetical reference to th epar- 
 ties and caufes fo adjudged. 
 

 
 









, r U-, r. j 
 
■ 
 

INDEX. 
 
 A. 
 
 Affidavit* 
 
 Sect. Pag*. 
 
 UPON which a Capias ad resp * may be applied 
 for under the fiat of a Judge, to be filed before 
 the writ iflues - « -816 
 
 Appeals ♦ 
 
 Of Proceedings in refpect to ~ - 36 77 
 
 Dire&ions for making up the record • ib 78 
 
 Appearance. 
 
 Upon every appearance of a Defendant in perfon, 
 to defend any a&ion, fuit, or rule, he fhall, at 
 the time, make an Election of Domicile in the 
 town of Montreal, and where he may fail to eleft 
 fuch domicile, Plaintiff may proceed by a regular 
 fervice of Rules upon him, in the Prothonota- 
 ry's Office, - - 6 IJ 
 
 No appearance to be withdrawn by an Attorney, 
 without due notice to his client, and leave of the 
 Court. - - - * - 7 14 
 
 Arbitres. 
 
 No reference to be made to, by Rule or order, or 
 by confent before iffiie joined, and then only of 
 the matter to which fuch Iflu^rft^Jl relate. - 21 37 
 
No IlTue in writing to be raifed upon the report 
 of any, unlefs fpecially ordered by the Court, but 
 the fame to be verbally heard on motion. 
 
 Arrest. 
 
 Of judgment, motion for, when and how to be made, 
 
 Prothonotary to enter the fame in the Judges Book. 
 
 Attachment . 
 
 No writ of, to be iflued before affidavit filed. 
 
 How to be indorfed. - - 
 
 Attornles . 
 
 Every Attorney employed to enter an appearance 
 for any perfon in any fuit shall enter fuch ap¬ 
 pearance immediately after the opening of the 
 Court, at the return day of the procefs. 
 
 No Attorney (hall fign any writ or declaration, nor 
 appear for, nor defend any perfon in this Court, 
 unlefs he may be duly autborifed fo to do. 
 
 Every Attorney who may accept a warrant to ap¬ 
 pear, and wilfully negleft fo to do, (hall be fuf- 
 pended from the roll and pra&ice of an Attorney. 
 
 No Attorney to countermand and withdraw his ap¬ 
 pearance, without clue notice to his clientand leave 
 of the Court. 
 
 No perfon (hall change, fhift, or withdraw his At¬ 
 torney, in any caufe, without a rule of this Court 
 or an order of a Judge, after due notice to the 
 adverfe party or his Attorney. 
 
 Every Attorney fubftituted in the place of another 
 shall take notice of and be bound by all rules and 
 proceedings, to which the former Attorney was 
 or would have been liable. 
 
 An Attorney who fhail appear for any party in 
 a fuit (hall he held and taken to be the Attorney 
 of fuch party, in all matters and proceedings 
 collateral and incidental to fuch fuit, as well 
 after as before final judgment. This rule not 
 to extend to fuch proceedings after judgment as by 
 fpecial rules may re quire peribnal notice to a de- 
 
 33 6 7 
 
 ib ib 
 ib ib 
 
 8 16 
 ib 17 
 
 6 14 
 
 7 *4 
 
 ib ib 
 
 ib ib 
 
 ib 15 
 
 ib ib 
 
B Seer. Page, 
 
 fendant on a judgment obtained, rules Nisi 
 for renewing a writ of execution, &c. - 7*5 
 
 No Attorney (hall permit any one to practice in his 
 name, upon pain of being interdidfed and ftruck 
 from the roll. „ . - ib lb 
 
 No Attorney, Barrifter, or Officer of the Court, to 
 be Bail in any adtion, - ib ib 
 
 Attornies, Barrifters, and other Officers of the 
 Court, to be confidered as prefent, and bound to 
 anfvver any demand without fervice of fummons, ib 16 
 Attornies when difmiffed of fufpended from prac¬ 
 tice in any of His Majefty's Courts fhall not be 
 admitted to pradtice in this Court until readmit¬ 
 ted to pradtice in the Court from which they 
 have been fo difmiffed or fufpended. • - ib ilj 
 
 B. 
 
 Bail. 
 
 Special, how taken in Term. - z - $ tj 
 
 How taken in vacation. - - ib 18 
 
 Bail taken by the Sheriff for the appearance of a 
 party, to be fpecified in his return upon the writ, ib 19 
 
 Bail Bond. 
 
 If the party does not appear on the return day, 
 plaintiff fhall be intitled to ah alignment of the 
 Bail Bond. ib ib 
 
 Such alignment not to exonerate the Sheriff if the 
 Bail taken is not fufficient to fecure the plaintiff's 
 debt. - - . . ib ib 
 
 Defendant may furrender himfelf, or be furrender- 
 ed by his Bail, at any time previous to an af- 
 fignment of the.Bail Bond. - ib 2 q 
 
 A like furrender may be made at any time before 
 judgment againft the Bail, or previous to a Rule 
 upon the Sheriff to bring in the body on pay¬ 
 ment of all cofts - - ib ib 
 
 A Plaintiff may take an Affignment of a Bail Bond, 
 and profecute thereon, but shall not obtain judg¬ 
 ment until he may have eftablished his debt 
 against the Defendant in the original adtion. - ib 20 
 
 II 
 
B-C 
 
 Sec. Page 
 
 [ 4 ] 
 
 Bailiff. 
 
 Every affidavit or Certificate of a, refpe&ing the 
 fervice of any pleading, notice, &c. shall defcribe 
 the manner, place and hour of fuch fervice.—In 
 what cafes the fervice may be deemed infufficient. 21 
 
 38 
 
 Capias ad Refpondendum^ 
 
 May ifluc without a declaration being annexed 
 thereto, which, however, muft be filed in the 
 Prothonotary’s Office, and a copy ferved on De¬ 
 fendant two days after arreft - - 412 
 
 All returns to any Procefs Ad Refpondendum, to 
 be figned by the officer to whom the writ is di- 
 re&ed, and fpecify the manner, time, and place 
 of fuch fervice. - - - 5 ib 
 
 None to iifue before affidavit filed - 816 
 
 How to be indorfed - - - ib iy 
 
 Bail thereon, how to be taken. - - ib ib 
 
 Perfons arreftcd under, when to plead - ib 18 
 
 To be committed to gaol until fpecial bail given, 
 and where no fpecial bail is found, until two days 
 after Plaintiff may have obtained a Writ of 
 Ca. Sa. - - . ib ib 
 
 Capias ad Satisfaciendum. 
 
 Upon every final judgment, obtained againft any 
 perfon, in prifon, under a Capias, or Attachment, 
 the judgment creditor may, after fifteen days from 
 the date of fuch judgment, fue out a writ of 
 Ca. Sa. againft the Debtor, unlefs he shall have 
 lodged fecurity in the Prothonotary's Office to 
 profecute an Appeal - - 35 71 
 
 Every perfon who may be confined under a Writ 
 of Capias ad Refpondendum, or be committed 
 after furrender 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 fuch Writ, shall be difmiffed by an or- 
 
See. Page. 
 
 der of the Court, or of any one of the judges 
 thereof in vacation. - - 37 7 1 
 
 Certiorari^ Writ of* 
 
 All procedings upon, to be fimilar to the proceed* 
 
 ings upon fuch writ, In Westminfter Hall. - 36 
 
 Commijfion Rogatoire. 
 
 Direftion for the execution of. - - 
 
 Form of the Oath to be taken by the Commiflioners. 
 Do. by the Clerk .... 
 
 Do. by the Witnefles 
 Manner of examining the Witnefles 
 How the Commiflion is to be returned 
 Not to iflue until after iflue joined on the me.its, 
 except in cafes of default - - • 
 
 To be moved for four days after iflue joined, if in 
 Term, and if in Vacation by Petition, within 
 the faid period, to two of the Judges, for dfx 
 Order therefor 
 
 28 54 
 
 b 55 
 
 56 
 
 5 l 
 
 5 6 
 
 58 
 
 ib 59 
 
 ib ib 
 
 Commutation of Time, 
 
 On delays granted upon the fervice of fummonses, 
 Rules, &c. how to be accounted 
 
 ib 38 
 39 
 
 Coroner. 
 
 All orders and rules for the conduit and regula¬ 
 tion of the Sheriff, in the execution of his duty, 
 to extend to the Coroner, where any part there¬ 
 of shall be executed by him - - ib 37 
 
 Corroborative Written Evidence. 
 
 Relative to any demand or defence may be filed 
 before fetting down the caufe for trial upon due 
 proof being made that fuch Evidence was not in 
 the polTeflion of the party at the time of filing 
 his Exhibits * * ” *4 2 9 
 
D—E 
 
 [ 6 ] 
 
 D. 
 
 Declaration. 
 
 To ftate with clearnefs the nature and grounds 
 of the a&ion - . 
 
 Deeds) 
 
 Upon which any fuit or a&ion may be grounded, 
 to be filed with a declaration, at the return of 
 the procefs, with a lift thereof 
 
 Default . 
 
 When and how obtained. 
 
 Domicile Ele&ion of 
 
 Vide Appearance. 
 
 E. 
 
 Enquete. 
 
 Roll to be kept by the Prothonotary 
 
 Caufes when appointed for Enquete or Examina¬ 
 tion of witneffes, to be infcribed on the Roll, 
 and come on to be heard, unlefs caufe be sh$wn 
 to the contrary. 
 
 Plaintiff's action shall be difmiffed for default, in 
 not proceeding on the merits, and judgment en¬ 
 tered againft the Party in default 
 
 If Defendant be in default, Plaintiff may proceed 
 Exparte 
 
 No YVimefs shall be examined who has not been 
 Subpoenaed, or appeared on the firft day of the 
 Enquete 
 
 If a further day be granted, it fhall be conclufive, 
 if no caufe be fhewn, and no further day allowed 
 
 but dh payment of all cofts 
 
 ib ib 
 
E C 7 ^ 
 
 After the Enqu^te opened and begun, no allega-" 0 
 tions shall be received of the abfence of witnelfes. 
 
 Every motion for delay to be fupported by Affidavit, 
 and it shall be in the difcretion of the Court or 
 Judges, to direct the entire continuation of the 
 Enquete, fubje£t to payment of Cofts, and if no 
 fufficient caufe be shewn for delay, and the party 
 do not proceed, the adion may be difmiffed, as 
 by Art. 9 & 10 of this Section. 
 
 Either party may oppofe and prevent a partial exa¬ 
 mination of witnelfes, and thereupon be allowed 
 cofts of his witnelfes' attendance, and no further 
 pro< eedings until cofts be paid 
 
 Any Enquote adjourned, shall be confidered a con¬ 
 tinuation of the fame day 
 
 A party not proceeding to examine all or any part 
 of his witnelfes at the day of Enquete in vacation, 
 shall be bound to move on the firft day of the en- 
 fuing Term for fuch examination, or be conclud¬ 
 ed and foredofed, judgment may be awarded upon 
 the circumftances of the cafe. 
 
 Evidence Written , 
 
 Page. 
 27 50 
 
 ib 
 
 5 ' 
 
 ib 52 
 ib 53 
 
 ib 54 
 
 In the pofleffion of an adverfe party, how obtained, ib ^ 
 
 47 
 
 Evocation 
 
 Of Caufes from the Inferior Term. A Declara¬ 
 tion containing the fpecial grounds of the demand 
 to be filed by the Plaintiff within three days, in- 
 clufive, from the allowance of fuch Evocation, the 
 parties to conform to the general rules of pra&ice 
 for filing pleas and exhibits and bringing the 
 caufe to ilfue, hearing, and judgment. - - 20 35 
 
 Exceptions. 
 
 Declinatoire, dilatoire, or peremptoire a la forme 
 
 when to be filed, - - - II 22 
 
 None to be received or filed, unlefs fuch exception 
 contain the fpecial grounds - ib 23 
 
 Depofit of money on filing thereof - ib ib 
 
 To be heard without anfwer, if moved for by the 
 Plaintiff - - - ib ib 
 
E 
 
 [»] 
 
 If a general anfvver be thereto made, no replication 
 to be filed. 
 
 An exception peremptoire, which refpe&s the right 
 and not the form of the demand, and all other 
 matters or ground of plea to the merits, fhall be 
 contained and fet forth in one and the fame 
 pleading. - 
 
 To any inteilocutory order or judgement when to 
 be filed. ... 
 
 To be preferved among the records in the Caufe. 
 
 To the regularity of fueing out and fervice of pro- 
 cefs and regularity of filing exhibits. 
 
 When to be made 
 
 To be heard and adjudged, upon motion 
 
 See. Page, 
 
 Execution ♦ 
 
 ii 
 
 No Execution to iffue on any judgment fubje& to 
 appeal, until after fifteen days from the date 
 thereof, nor until twenty days from the date of 
 fuch judgement, where the party, meaning to 
 appeal, fhall have given good and fufficient fecu- 
 rity, to profccute the fame. 
 
 No Execution to iffue on any judgment, after twelve 
 months from the date of luch judgment, w hereon 
 execution might have iffued, or where twelve 
 months may have elapfed fince the date of the re¬ 
 turn of any execution, until after a rule nifi be 
 obtained, and ferved on the Defendant or party 
 debtor, by fuch judgment, to fhew caufe why an 
 execution fhould not iffue to levy the amount ot 
 fuch judgment or any part thereof that may re- 
 main unfatisfied. 
 
 No execution to iffue on a judgment in any caufe, 
 wherein the feveral exhibits and evidence filed, 
 may not remain of record. 
 
 Regiffer of writs of, to be kept by the Prothonotary. 
 
 Entries therein, how made. 
 
 Accefs thereto allowed gratis. . - 
 
 No execution to iffue to levy monies from the Real 
 Edate, until after a return of the execution to 
 levy from the Perfonal Eftate, unlefs the debtor 
 ihull fpccially affent thereto. 
 
 ib 
 
 24 
 
 35 6 9 
 
 ib ib 
 
 ib ib 
 
[ 9 ] 
 
 E—F Sec.Pa£« 
 
 No execution for the levy of monies from chattels 
 to be made returnable at a period beyond the next 
 enfuingTerm. - - - 35 7° 
 
 An execution to levy monies from the fale of chat¬ 
 tels, and whereon no chattels have been attached, 
 or fuch only as may in part fatisfy 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 execu¬ 
 tion may iffue to levy from the Real Eftate. - 
 
 Exhibits . 
 
 35 
 
 15 
 
 Experts • 
 
 3 ° 
 
 Not to be withdrawn from any caufe, after final 
 judgment, unlefs by exprefs order of the Court 
 in Term, or by the order of two Judges in vaca¬ 
 tion, after due notice to the adverfe party. 
 
 Copies of fuch exhibits to be filed of record, before 
 the originals are withdrawn. 
 
 Communication of exhibits filed, how obtained and 
 for what length of time. 
 
 No exhibit or aft fous J'eing prive , or original pa¬ 
 per writings, to be taken in communication. 
 
 Delay granted for filing of, with a plea, &c. in va¬ 
 cation. - 
 
 No exhibit nor paper of any defeription, {hall be 
 received or filed, in any caufe unlefs the fame be 
 regularly docketed with the title and number of 
 the caufe and the general defeription of fuch paper. 21 37 
 
 16 ib 
 
 ib 31 
 
 l 9 3 + 
 
 Vide Arbitres. 
 
 Faits & Articles « 
 
 May be moved for at any time, after filing the dec¬ 
 laration until clofing the Enquete, provided 
 a motion be made that the fame be had in a rea- 
 fonable delay, fans retardation du jugement - 29 
 
 60 
 
F—H—I 
 
 L j 
 
 No examination on, to be had after the evidence clo 
 fed, nor after a Venire Facias, iffued for fummon- 
 ing a jury, unlefs upon fpecial circumftances - 
 A copy of the order for the examination on Fails 
 A Articles, and a copy of the articles to be perfon- 
 ally ferved on the party enjoined to anfwer, unlefs 
 m cafes where the faid party may have appeared 
 personally or by an Attorney, in which cafe the 
 fervice of the order, and copy of the Faits & Arti¬ 
 cles at the a&ual domicile of the party may be 
 held fufficient for proceedings thereon. 
 
 Sec. Page 
 
 29 60 
 
 ib 61 
 
 H. 
 
 Habeas Corpus. 
 
 Writ of, proceedings on. . . . 21 36 
 
 Habits of Officers, Barrijlcrs Counfel. 
 
 To be the fame as worn in Weftminfter Hall, . 2 8 
 
 I. 
 
 Incidental Demands. 
 
 Nature of. . . . 
 
 Not to delay the Plaintiff. 
 
 Exceptions in cafes of reconvention and eompenfa- 
 tion. * • . . 
 
 Several grounds of, to be ftated in the fame plea. . 
 
 The documents or exhibits on which the fame may 
 be'grounded, to be filed therewith. . . . 
 
 13 27 
 ib ib 
 
 ib ib 
 ib ib 
 
 ib ib 
 
 hifcription en Faux. 
 
 When to be made. . . . . , 11 25 
 
 Not to be allowed after Plea or Replication filed, 
 except againft any a£t or inflrument offered in 
 evidence, fubfequent to the plea or replication, 
 if made previous to fetting down the caufe, on the 
 Roll d Enqtiete or appointment for hearing on 
 any iffue at law . . » ib 26 
 
 Intervention. 
 
 To be moved for and filed, previous to the caufe 
 being finally heard—Notice thereof to be given 
 to the parties intereftcd . . . jg 3 2 
 
 33 
 
[ 11 J Sec. Page 
 
 I—L—M—N—O 32 
 
 Requete en,—how to be made . 18 
 
 Notice to be given to the party interefted . • . 
 
 Proceedings thereon to be had conformable to the 1 ib 
 
 general Rules of Pra&ice, refpe&ing original 
 a&ions . . . • ib 33 
 
 When not made by an Attorney of this Court, an 
 
 election of Domicile to be made . . . ib ib 
 
 L« 
 
 Law I[fues. 
 
 In Bar to the Plaintiff's A£Uon . • • . 24 41 
 
 To be heard on the day appointed, unlefs good caufe 
 be fhewn to the contrary . • ib ih 
 
 M. 
 
 Mandamus , Writ of. 
 
 Proceedings on, how regulated . • • • 21 36 
 
 Motion. 
 
 Every motion to be made in writing & figned by the 
 
 Advocate of the party making the fame . . ib ib 
 
 When notice thereof is neceflary . . . ib ib 
 
 When to be made, for judgment upon the verdift 
 
 of a jury . ... . 2 3 4 1 
 
 When to be made for Arreft of Judgment . . 33 67 
 
 N. 
 
 New Trial. 
 
 Motion for, when and how made 
 Not allowed after motion in Arreft of Judgment 
 Prothonotary to enter motion in the Judges Book 
 
 o. 
 
 Oppoftions. 
 
 How made and filed. . " 
 
 To contain election of domicile. 
 
 1« 
 
 . 31 66 
 ib ib 
 
 • 33 6 7 
 
 37 75 
 
 ib ib 
 
when to be made. 
 
 37 75 
 
 0 —P Sec. Page 
 
 A fin de d’annuller'J 
 A fin de diftraire ( 
 
 A fin de charge f 
 A fin de conferver 3 
 Reafons of oppofition to be filed by every oppofant 
 after due notice given, together with the feveral 
 documents and writings, whereon the faid oppofi¬ 
 tion is grounded, and a certified lift thereof. 
 
 The rules of praftiee rcfpe&ing original fuits and 
 the courfe of proceeding therein, to be obferved as 
 the rules for proceeding, upon claims preferred 
 by oppofition. - - .. ib 77 
 
 Prothonotary to place up to public view in his of¬ 
 fice, a lift of the return of executions, on every 
 day as foon as any execution is returned and filed, ib ib 
 
 Orders 
 
 Of a Judge in vacation, fubjeft to an appeal unlefs 
 made by confent. - 21 
 
 For the conduft -and regulation of the Sheriff to 
 extend to the Coroner. - - ib 
 
 P. 
 
 Peremption or difcontinuance of ARions . 
 
 All fuits pending before the Court, by original, 
 oppofition or intervention, in which no proceed¬ 
 ings (hall have been had in open Court for two 
 fucceeding Terms, to be deemed and taken asde- 
 ferted by the party profecuting the fame, and be 
 difmifled with cofts, upon the laft day of the fee- 
 ond term in which no proceedings lhall be fo 
 had, on motion for that, purpofe of any of the 
 parties concerned, and on default of fuch motion, 
 the Court will ex officio difmifs the fame, but 
 without cofts to either party. 
 
 No eaufe (hall remain on the records after twelve 
 Terms, unlefs fufficient eaufe be fhewn to the 
 contrary, and either party may on the firft day of 
 the thirteenth Term, move for and obtain a judg¬ 
 ment of abfolute peremption, with cofts. 
 
 3 6 
 
 37 
 
 37 
 
 34 
 
 Plea. 
 
 When to be filed. 
 
 Every infufficient plea to an action, and every de¬ 
 parture in pleading tobe difmilfed with cofts. 
 
 ib 68 
 
 11 24 
 8 22 
 
Sec. Page. 
 
 Exhibits on which a plea is grounded, to be filed 
 
 with the plea. - - - 8 22 
 
 Pelay granted for filing pleas in vacation. 
 
 *9 
 
 33 
 
 34 
 
 Power of Attorney . 
 
 When to be produced and filed by the Attorney fue- 
 ing out any writ or procefs, at the inftance of any 
 perfon not refident within this Province. - 14 28 
 
 Plaintiff’s Attorney failing to produce fuch power, 
 at a day given by the Court, the Plaintiff’s aftion 
 to be difmilfed. - - ib ib 
 
 Practice. 
 
 Any point of, fettled by judgment and entered on 
 the Prothonotary’s “ Book of Rules of Praftice” 
 fhall not be reargued. - - - 21 37 
 
 PraEticiens . 
 
 No reference to be made to, by rule or order of this 
 Court, or by confent before ilfue joined; & then 
 only of the matters to which fuc’> ilfue lhall relate. 
 
 No illue in writing to be raifed upon the report 
 of any, unlefs fpecially ordered by the Court. ib ib 
 
 Procefs . 
 
 Service of, delays between fervice and return how 
 reckoned. - - 4 ** 
 
 No writ or procefs directed for fervice, which may 
 exprefs a declaration to be thereunto annexed, to 
 be returned by the Sheriff or Coroner, unlefs the 
 declaration or writing therein referred to, be an¬ 
 nexed to the fame. On pr.ocefs of Capias ad re- 
 fpondendum, trie fervice to be fufficient, if the 
 declaration be filed in the Prothonotary’s office, 
 and due fervice of a copy thereof on the Defend¬ 
 ant two days after arrelf on fuch writ. - 412 
 
 The returns of procefs to be made on the return day 
 and entered of record, and the refpe&ive De¬ 
 fendants, where no appearance has been enter¬ 
 ed, to be openly called. - - 5 ^ 
 
 All returns of procefs 011 Capias ad refpondendum 
 to be figned by the ollicer to whom the writ may 
 be directed and fpecify thj manner, time, and 
 place of fuch fervice. - ib ib 
 
Prohibition 
 
 Sec. Page 
 
 P-Q-R 
 
 Writ of, proceedings on, how regulated. - 21 36 
 
 P rot honotaries. 
 
 Th > place of keeping their office to be publicly 
 
 . >-jfied on the dooi thereof. - 3 ia 
 
 Ho« rs of attendance in their office during Term 
 timi, to be permanently hung up and expofed to 
 pul:lie view in tHe office. - - ib ib 
 
 Their vttc 1 d -nee in Court particularly enjoined 
 d 'ring its filling in Term, and alfo upon any of 
 ths Juo<?~s *t any time appointed in vacation. ib ih 
 No Pnnhorotary to be bail in any a&ion pending 
 
 in Court, « -- - 7 *5 
 
 Q* 
 
 S>uo Warranto 
 
 Writ of, proceedings thereon. - - 21 361 
 
 R. 
 
 Records. 
 
 No pleading, exhibit, or paper, filed in any caufe, 
 or any part of the record in a caufe to be taken or 
 withdrawn from the Prothonotary’s office contra¬ 
 ry to the fifteenth fe&ion of the rules of practice. 17 3 1 
 
 Replication. 
 
 When to be filed, - - 12 26 
 
 A lift of the exhibits on which the replication is 
 grounded to be filed therewith. - ib ib 
 
 Roll d'Enquete , 
 
 For the examination of witneftes as well in Term, 
 as out of Term, and wherein entries of the pro¬ 
 ceedings had thereupon may be made, - ib 40 
 
22 39 
 ib ib 
 
 Roll of Caufes , 
 
 To be kept by the Prothonotary. 
 
 Mode of making out the fame. 
 
 Roll or diary for fetting down caufes, for hearing 
 on matters of Law or trial by jury, or for the ex¬ 
 amination of witnelfes in Term. - ib ib 
 
 Rules (general) for Pleading , csV. 
 
 The rules of this Court directing the filing of plead¬ 
 ings, writings or papers, to be confidered as pe¬ 
 remptory, and a negle£l thereof as a default. - 
 Every rule made in the prefence of the parties, or 
 their AttornieS iri Court to be confidered as fuffi- 
 ciently notified without fervice thereof. 
 
 How and when enlarged. 
 
 Witere fervice thereof fhall be required, the fame 
 to be made upon the Attorney ad litem, and if no 
 Attorney thall have appeared, f ich fervice (hall 
 be made at the elected domicile of the party. - 
 AH rules and orders, tor the conduft and regulation 
 of an Attorney, to extend to the party perfonally 
 appearing. - - 
 
 Every order of a Judge obtained in vacation to be 
 fubjeft to an appeal to t e Court. 
 
 Unlefs made with content orotherwife acquiefced in. 
 No paper of any defeription to be received or filed 
 by the Prothonotary, unlefs the fame be docketed, 
 with the title and number of the caufe. 
 
 21 35 
 
 ib ib 
 ib ib 
 
 21 36 
 
 ib ib 
 
 ib ib 
 ib 37 
 
 ib ib 
 
 Rule Nifi. 
 
 No writing or written concluftons to be received on 
 any, unlefs fpecially ordered by the Court, the 
 validity of every fuch rule to be verbally heard. >b 38 
 
 S. 
 
 Sheriff.\ 
 
 His office to be publicly notified on the door thereof. 
 
 Hours of attendance therein. * 
 
 Public notice of the office hours to be expofed to 
 view in the faid office, not exempted from per- 
 fonal attendance in Court during its fitting in 
 Term time. 
 
 ib ib 
 
[ 16 ] 
 
 S 
 
 How to make his returns. 
 
 Time fpecified between the fervice and the return. 
 
 Not to execute procefsupon which bail is required, 
 without indorfing it. 
 
 May be compelled to artign the Bail Bond. 
 
 Not exonerated, if the bail is infuflicient to fee ure 
 the Plaintiff’s rights. _ 
 
 On his neglea to bring in the body, on the rule for 
 that purpofe declared abfolute, liable to pav the 
 debt and cofts. . _ _ 
 
 To teturn all writs, executions and procefs at the 
 return day. _ 
 
 To diftinguilh in his return to writs of execution 
 how much he has levied from the fale of chattels, 
 and how much from the lands and tenements. 
 
 To exprefs in his return, to whom the lands or real 
 elute were fold, and the conditions of fale. - 
 
 To ftate by his return the particular difburfements 
 as well upon the fale of the perfonal as upon that 
 ^ le . rea ^ e ^ ate > a nd his feveral charges for fees. 
 
 When different eftates of one and the fame perfon 
 are feized under any writ of execution, to fatisfy 
 one or more judgments, the fame fhall be expofed 
 to fale feparately and the feveral difburfements, 
 fees and charges, about the fale thereof, lhall be 
 kept feparate and difti'nft. 
 
 To keep a regifter of executions and oppofitions. 
 
 Entries thereon. - 
 
 A Schedule of the oppofitions, made on any writ of 
 execution, to be returned with the writ in alpha¬ 
 betical order. «... 
 
 Free accefs to be had to the Sheriff's Regifter of ex¬ 
 ecutions gratis. 
 
 A copy thereof, with an alphabetical index or refer¬ 
 ence, to be returned into the Prothonotary’s office, 
 one the firft of January of each year. 
 
 Sec. Puge 
 
 5 >2 
 4 ir 
 
 ib ib 
 ib 19 
 
 ib ib 
 
 8 20 
 36 72 
 
 ib ib 
 ib ib 
 
 ib ib 
 
 ib ib 
 ib ib 
 ib ib 
 
 ib 74 
 ib ib 
 
 ib ib 
 
 Surrender . 
 
 Perfons furrendered in difeharge of fpecial bail, not 
 to remain in prifon, more than two Terms, after 
 judgment recovered, upon which a Ca. Sa. might 
 be obtained, unlefs a Ca. Sa. is lodged with the 
 Sheriff, whereby the debtor may be charged and 
 detained. - 
 
Pag*, 
 
 20 
 
 [ 17 ] 
 
 S—-T Sect, 
 
 A defendant may furrender himfelf, or be furren- 
 dered by his bail, at any time previous to an af- 
 fignment of the Bail Bond. 
 
 A like furrender may be made at any time before 
 judgment againff the bail, or previous to a rule 
 upon the Sheriff to bring in the body on payment 
 of all cofts, that have arifen by reafon ot the af- 
 fignment of the Bail Bond, or of profecuting the 
 bail. - - - - ib ib 
 
 A debtor may be furrendered and charged to the 
 cuftody of the Sheriff in vacation, before one of 
 the Judges. - 
 
 ib 
 
 sc 
 
 T. 
 
 Trial by Jury. 
 
 Notice to be given by the party applying for a Jury 
 to the adverfe party to attend to ftrike the Jury. go 
 
 How the Jury is to be ftruck. % * 
 
 Notice of trial to be given by the party applying for 
 fuch jury to the oppofite party, two full days at 
 leaft before the trial fhall be had. 
 
 Venire Facias to iffue four days inclufive and the 
 jury fummoned twenty four hours before the re¬ 
 turn of the writ and the trial of the caufe. 
 
 No written evidence, except fuch as may be filed in 
 the caufe, & whereon the demand or defence may 
 be founded and referred to in the pleadings, to be 
 given to the jury or make part of the record. - 
 After the jury are fworn, the parties, Plaintiff and 
 Defendant fhall be called, and if neither appear 
 the jury fhall be forthwith difeharged. If the 
 Plaintiff appear, and the Defendant do not ap¬ 
 pear, his default fhall be recorded and the evidence 
 of the Plaintiff fhall be heard exparte , and the 
 verdidt of the jury taken and judgment entered 
 thereon. - 
 
 If the Defendant appears and the Plaintiff do not 
 appear, the Plaintiff's default fhaUbe recorded, and 
 
 ib 
 
 ib 
 
 62 
 
 6 3 
 
 64 
 
 ib ib 
 
 ib 
 
 6? 
 
 ib K> 
 
[ 18 ] 
 
 T—V—W Sec.Page, 
 
 judgment of nonfuit thereupon entered, difmifling 
 the Plaintiff’s a£tion ,fauf a Je pourvoir , with cofts 
 to the Defendant. * - - 3° 65 
 
 If after the jury fworn, the Plaintiff fhalj choofe at 
 any time before verdift to become nonfuit, and 
 he fhall withdraw from the Court, the Plaintiff 
 fliall be called and his default recorded, and judg¬ 
 ment of nonfuit thereupon entered, difmifling 
 his action Jauf d fe pourvoir , with cofts to the 
 Defendant. - - - 30 61 
 
 y. 
 
 Venire Facias 
 
 for fummoning a jury to iffue four days inclufive, 
 and the jury fummoned twenty four hours, before 
 the return of fuch writ and trial of the caufe. - 30 64 
 
 w- 
 
 Witnefs 
 
 To be examined by one Courtfel and no more, and 
 
 crofs examined by one Counfel and no more. - 2t 38 
 
 WitneJJes. 
 
 No allowance to be made for fubpoenaing more than 
 
 fix for each iffue joined. 27 45 
 
 Lift of, to be filed in the proceedings. - lb lb 
 
 About to depart the Province, not to be examined 
 
 until iffue joined on the merits. - - ib 46 
 
 The examination of, in vacation, to be moved for 
 in Term. - - - - 27 45 
 
 Writs . 
 
 To be tefted on the day they iffue. 
 
 21 37