the like where the cause is tried at the assizes, 734; form of a judgment for plaintiff in a town cause, 734; the like in a cause tried at the assizes, 735; form of an issue, where it is di- rected to be tried by the sheriff, &c., 735; form of a writ of trial before the sheriff, &c., 736; form of indorsement on the writ of trial of the verdict, 736; the like, in case a nonsuit takes place, 737; form of judgment for the plaintiff after trial before the she- riff, 737. Writs of execution: writs of fieri facias, 737–742; elegit; 743-750; capias ad satisfaciendum, 751-756. Writs of execution in ejectment :-habere facias in ejectment, upon a judg- ment by default, 757; habere facias and fieri facias for costs, upon a judgment for plaintiff in ejectment, where defendant has ap- peared, 757; fieri facias for costs on a judgment for plaintiff in II. The New Rules for the Examination and Admission of Attorneys. 1. Examination, admission, and re-admission of attorneys, 759. 2. Regulations approved by the judges for the examination of persons applying to be admitted attorneys of the courts of Queen's The New Table of Costs. Directions to the masters of the courts for the taxation of costs, in lieu of the directions now in force, 766. General allowance for plaintiffs and defendants; and, in cases under 207., as well between attorney and client as between party and party:-Writs, 767; copy and service of writs, 768; instruc- tions, 769; drawing pleadings, &c., 769; ingrossing and copying, 771; notices, 771; copy and service, 772; ejectment, 773; at- tendances, 773; briefs, 775; term fees and letters, 776; letters, 776; affidavits, 776; searches, 776; counsel, 776; warrant of attorney, 777; defendants, 777; counsel's clerk's fees, 777; on consultations, 777; allowance to witnesses, 778; miscellaneous, IV. Writs for commencement of actions, ss. 2-25, pp. 781-786; appearance, and proceedings in default of appearance, ss. 23—33, pp. 787-789; joinder of parties, ss. 34-40, pp. 789-791 ; joinder of causes of action, s. 41, p. 791; questions by consent, without pleading, ss. 42-48, pp. 791, 792; pleading in general, ss. 49— 57, pp. 792-794; declaration, ss. 58-61, p. 794; pleas and subse- quent pleadings, ss. 62-90, pp. 794-799; examples of pleading, s. 91, p. 799; judgment by default, and ascertaining amount to be recovered, ss. 92–96, pp. 799, 800; notice of trial, inquiry and countermand, ss. 97-99, p. 800; judgment for not proceeding to trial, ss. 100, 101, p. 800; nisi prius record, ss. 102, 103, p. 801; jury and jury process, ss. 104-116, pp. 801-803; admission of documents, ss. 117-119, pp. 803, 804; execution, ss. 120-127, pp. 804, 805; proceedings to revive, ss. 128-134, pp. 805, 806; death, marriage, and bankruptcy, ss. 135-142, pp. 806-808; arrest of judgment, and judgment non obstante veredicto, ss. 143 -145, p. 809; error, ss. 146-167, pp. 809-813; ejectment, ss. 168-221, pp. 813-825; amendment, s. 222, p. 825; power to the judges to make rules, and frame writs and proceedings, ss. 223-225, pp. 825, 826; effect of injunction, s. 226, p. 826; interpretation clause, s. 227, p. 827; provisions relating to the courts of the counties palatine, ss. 228-234, pp. 827-829; short title of the Act, s. 235, pp. 829, 830; Act not to extend to Ireland THE NEW RULES OF PRACTICE OF THE COURTS OF COMMON LAW AT WESTMINSTER. HILARY TERM, 1853. WHEREAS the practice of the courts of Queen's Bench, Common Pleas, and Exchequer, in civil actions, in respect of which the said courts possess a common jurisdiction, has been to a great extent superseded or altered by "The Common Law Procedure Act, 1852," and it is expedient that the written rules of practice of the said courts should be consolidated and rendered uniform: it is ordered, that all existing written rules of practice in any of the said courts in regard to such civil actions, save and except as regards any step or proceeding heretofore taken, shall be and the same are hereby annulled, and that the practice to be observed in the said courts with respect to the matters hereafter mentioned shall be as follows; that is to say, Writ of Summons. 1. When a writ of summons is indorsed in the special form mentioned in sect. 27 of the Common Law Procedure Act, 1852,1 the following are the amounts which may be indorsed by the plaintiff's attorney or agent upon the writ for costs; and to include mileage: It is sect. 25 which authorises the special indorsement. See that section, post; and see Arch. New C. L. Pr. 31; and see the form of special indorsement, Id. 583. } 320 2 These costs are the same as were directed by a resolution of the judges in Michaelmas Term 1852, See Arch. New C. L. Pr. 31, Where the plaintiff's attorney, at the time of issuing the writ, claims more than the sums fixed as above, the indorsement on the writ of summons in respect of costs shall be as follows: "Such sum as shall be allowed on taxation for costs." And in case the plaintiff shall be found not entitled to more costs than such fixed sums, or if more than one sixth shall be disallowed, the plaintiff's attorney shall pay the costs of taxation. So if the attorney has indorsed on the writ one of the fixed sums for the costs of judgment, and claims more costs on signing judgment, and on taxation shall be found not entitled to more than such sum, or if more than one sixth be taken off on taxation, the plaintiff's attorney shall in like manner pay the costs of taxation. Appearance. 2. If two or more defendants in the same action shall appear by the same attorney and at the same time, the names of all the defendants so appearing shall be inserted in one appearance.1 Attorney and Guardian. 3. An attorney not entering an appearance in pursuance of his undertaking, shall be liable to an attachment.? 4. No attorney shall be changed without the order of a judge.3 5. A special admission of prochein amy, or guardian, to prosecute or defend for an infant, shall not be deemed an authority to prosecute or defend in any but the particular action or actions specified.1 Joinder of Parties. 6. Whenever a plaintiff shall amend the writ after notice by the defendant, or a plea in abatement of a nonjoinder by virtue of the Common Lan Procedure Act, 1852, sect. 36, he shall file a consent in writing of the party or parties whose name or names are to be added, together with an affidavit of the handwriting, and give notice thereof to the defendant, unless the filing of such consent be dispensed with by order of the court or a judge.5 1 See stat. s. 31, and Arch. New C. L. Pr. 50. The form of appearance in the statute mentions the name of one defendant in an action against him and others, which might have led persons to imagine that a separate appearance should be entered for each defendant, were it not for the above rule. 2 See Arch. New C. L. Pr. 534, accord. 3 See Id. 531. 4 See Id. 364; same as R. H. 2 W. 4, s. 2. 5 See stat. s. 36. Arch. New C. L. Pr. 24, 273. |