Pleadings. 7. No side bar rule for time to declare shall be granted.1 8. The defendant shall not be at liberty to waive his plea, or enter a relictâ verificatione after a demurrer, without leave of the court or a judge, unless by consent of the plaintiff or his attorney.2 9. In case the time for pleading to any declaration or for answering any pleadings, shall not have expired before the 10th day of August in any year, the party called upon to plead, reply, &c. shall have the same number of days for that purpose after the 24th day of October as if the declaration or preceding pleading had been delivered or filed on the 24th of October.3 10. Where a defendant shall plead a plea of judgment recovered, he shall in the margin of such plea state the date of such judgment, and, if such judgment shall be in a court of record, the number of the roll on which such proceedings are entered, if any; and, in default of his so doing, the plaintiff shall be at liberty to sign judgment as for want of a plea; and in case the same be falsely stated by the defendant, the plaintiff, on producing a certificate from the proper officer or person having the custody of the records or proceedings of the court where such judgment is alleged to have been recovered, that there is no such record or entry of a judgment as therein stated, shall be at liberty to sign judgment as for want of a plea.* Payment of Money into Court. 11. No affidavit shall be necessary to verify the plaintiff's signature to the written authority to his attorney to take money out of court, unless specially required by the master.5 12. When money is paid into court in respect of any particular sum or cause of action in the declaration, and the plaintiff accepts the same in satisfaction, the plaintiff, when the costs of the cause are taxed, shall be entitled to the costs of the cause in respect of that part of his claim so satisfied, up to the time the money is so paid in and taken out, whatever may be the result of any issue or issues in respect of other causes of action; and if the defendant succeeds in defeating the residue of the claim, he will be entitled to the costs of the cause in respect of such defence, commencing at "Instructions for Plea," but not before." 13. Where money is paid into court in several actions which are consolidated, and the plaintiff, without taxing costs, proceeds to trial on one and fails, he shall be entitled to costs on the others up to the time of paying money into court.7 1 See Arch. New C. L. Pr. 55. * Id. 285. • Id. 62, 63. * Id. 57. 67. 5 See stat. s. 72. Arch. New C. L. Pr. 76. 6 See stat. s. 73. Arch. New C. L. Pr. 77. 7 Same as R. H. 2 W. 4, s. 104. Arch. New C. L. Pr. 78. Demurrer. 14. The party demurring may give a notice to the opposite party to join in demurrer in four days, which notice may be delivered separately or indorsed on the demurrer, otherwise judgment.1 15. No motion or rule for a concilium shall be required; but demurrers as well as all special cases, special verdicts, and appeals from county courts, shall be set down for argument in the special paper at the request of either party, four clear days before the day on which the same are to be argued, and notice thereof shall be given forthwith by such party to the opposite party.2 16. Four clear days before the day appointed for argument the plaintiff shall deliver copies of the demurrer book, special case, special verdict, or appeal cases, with the points intended to be insisted on, to the lord chief justice of the Queen's Bench or Common Pleas, or lord chief baron, as the case may be, and the senior puisne judge of the court in which the action is brought; and the defendant shall deliver copies to the other two judges of the court next in seniority; and in default thereof by either party, the other party may on the day following deliver such copies as ought to have been so delivered by the party making default; and the party making default shall not be heard until he shall have paid for such copies, or deposited with the master a sufficient sum to pay for such copies. If the statement of the points have not been exchanged between the parties, each party shall, in addition to the two copies left by him, deliver also his statement of the points to the other two judges, either by marking the same in the margin of the books delivered, or on separate papers.3 17. When there shall be a demurrer to part only of the declaration or other subsequent pleadings, those parts only of the declarations and pleadings to which such demurrer relates shall be copied into the demurrer books; and if any other parts shall be copied, the master shall not allow the costs thereof on taxation, either as between party and party, or as between attorney and client.4 Venue, Change of. 18. No venue shall be changed without a special order of the court or a judge, unless by consent of the parties.5 Particulars of Demand or Set-off. 19. With every declaration, (unless the writ has been specially indorsed under the provisions contained in the 25th section of the 1 Arch. New C. L. Pr. 284. 2 See Arch. New C. L. Pr. 287. 267. 141. 3 See Arch. New C. L. Pr. 286. 267. 141. 4 See Arch. New C. L. Pr. 285. 5 See Arch. New C. L. Pr. 435. Common Law Procedure Act, 1852,) delivered or filed, containing causes of action such as those set forth in schedule B. of that Act, and numbered from 1. to 14. inclusive, or of a like nature, the plaintiff shall deliver or file full particulars of his demand under such claim, where such particulars can be comprised within three folios; and where the same cannot be comprised within three folios, he shall deliver or file such a statement of the nature of his claim, and the amount of the sum or balance which he claims to be due, as may be comprised within that number of folios; and with every plea of set-off containing claims of a similar nature as those in respect of which a plaintiff is required to deliver or file particulars, the defendant shall in like manner deliver particulars of his set-off. And to secure the delivery or filing of particulars in all such cases, it is ordered, that if any such declaration shall be delivered or filed, or any plea of set-off delivered, without such particulars or such statement as aforesaid, and a judge shall afterwards order a delivery of particulars, the plaintiff or defendant, as the case may be, shall not be allowed any costs in respect of any summons for the purpose of obtaining such order, or of the particulars he may afterwards deliver; and a copy of the particulars of the demand, and set-off, shall be annexed by the plaintiff's attorney to every record at the time it is entered with the proper officer.1 20. A summons for particulars, and order thereon, may be obtained by a defendant before appearance, and may be made, if the judge think fit, without the production of any affidavit.2 21. A defendant shall be allowed the same time for pleading after the delivery of particulars under a judge's order, which he had at the return of the summons, unless otherwise provided for in such order.3 Security for Costs. 22. An application to compel the plaintiff to give security for costs, must, in ordinary cases, be made before issue joined.* Discontinuance. 23. To entitle a plaintiff to discontinue after plea pleaded, it shall not be necessary to obtain the defendant's consent; but the rule shall contain an undertaking on the part of the plaintiff to pay the costs, and a consent that if they are not paid within four days after taxation, defendant shall be at liberty to sign judgment of non pros.5 1 See Arch. New C. L. Pr. 56. 71. 2 Same as R. H. 2 W. 4, s. 47. Arch. New C. L. Pr. 478. 3 Nearly the same as R. H. 2 W. 4, s. 48. Arch. New C. L. Pr. 479. 4 Same as R. H. 2 W. 4, s. 98. Arch. New C. L. Pr. 493. 5 Same as R. H. 2 W. 4, s. 106. Arch. New C. L. Pr. 466. Staying Proceedings. 24. In any action against an acceptor of a bill of exchange, or the maker of a promissory note, the defendant shall be at liberty to stay proceedings on payment of the debt and costs in that action only.1 Cognovit; Warrant of Attorney; Judge's Order for Judgment. 25. No judgment shall be signed upon any cognovit or any warrant of attorney, without such cognovit or warrant being delivered to and filed by the master, who is hereby ordered to file the same in the order in which it is received.2 26. Leave to enter up judgment on a warrant of attorney above one and under ten years old, is to be obtained by order of a judge made ex parte, and if ten years old or more, upon a summons to show cause.3 27. Every attorney or other person who shall prepare any warrant of attorney to confess judgment, which is to be subject to any defeasance, shall cause such defeasance to be written on the same paper or parchment on which the warrant is written, or cause a memorandum in writing to be made on such warrant, containing the substance and effect of such defeasance.* 28. The costs of filing a judge's order for judgment against a trader defendant under the Bankrupt Act, shall not be allowed unless specially ordered by the judge. Evidence; Admission and Inspection of Documents; Subpœna to produce Records; Depositions on Interrogatories. 29. The form of notice to admit documents referred to in the Common Law Procedure Act, 1852, section 117, may be as follows:6 plaintiff Take notice, that the defendant in this cause proposes to adduce in evidence the several documents hereunder specified, and defendant, that the same may be inspected by the plaintiff, ney or agent, at on between the hours of his attor-; and the {ffendant is hereby required, within forty-eight hours 1 Same as R. T. 1 Vict. Arch. New C. L. Pr. 501. 2 See Arch. New C. L. Pr. 450. 457. 3 Nearly the same as R. H. 2 W. 4, s. 73. Arch. New C. L. Pr. 454. 6 See Arch. New C. L. Pr. 597. from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed, as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this cause. Dated, &c. defendant To É. F., attorney G. H., attorney [or agent] for plaintiff defendant. may be [Here describe the documents, the manner of doing which as follows. |