insolvent debtors, no such prisoner shall be superseded or discharged out of custody at the suit of such plaintiff, by reason of such plaintiff's forbearing to proceed against him according to the rules and practice of the courts from the time of such notice given, until some rule or order shall be made in the cause in that behalf.1

129. A rule or order for the discharge of a prisoner who has been detained in execution a year for a sum under 201. may be made absolute in the first instance, on an affidavit of notice given ten days before the intended application, which notice may be given before the year expires.2

Sheriffs.-Rules to return Writs or bring in the Body.

130. All rules upon the sheriffs of London and Middlesex to return writs or to bring in the bodies of defendants, shall be fourday rules, and upon other sheriffs eight-day rules.3

131. When the rule to return a writ expires in vacation, the sheriff shall file the writ at the expiration of the rule, or as soon after as the office shall be open; and the officer with whom it is filed shall endorse the day and hour when it was filed.*

132. No judge's order shall issue for the return of any writ, or to bring in the body of a defendant, but a side bar rule shall issue for that purpose in vacation as in term, which shall be of the same force and effect as side bar rules made for that purpose in term.5

133. In case a rule shall issue in vacation for the return of any writ of capias, ca. sa., fi. fa., elegit,habere facias possessionem, venditioni exponas, or other writ of execution, and such rule shall have been duly served, but obedience shall not have been paid thereto, an attachment shall issue for disobedience of such rule, whether the thing required by such rule shall or shall not have been done in the meantime."

134. Where any sheriff, before his going out of office, shall arrest any defendant and take a bail bond and make return of cepi corpus, he shall and may within the time allowed by law be called upon to bring in the body by a rule for that purpose, notwithstanding he may be out of office before such rule shall be granted.7

Irregularity.

135. No application to set aside process or proceedings for irregularity shall be allowed unless made within a reasonable time,

1 See Arch. New C. L. Pr. 383.

377.

2 See Id. 386.

3 See Id. 40.

4 See Arch. New C. L. Pr. 40.

5 See Id. 40.

6 See Id. 40.

7 See Id. 40.

nor if the party applying has taken a fresh step after knowledge of the irregularity.1

136. Where a summons is obtained to set aside proceedings for irregularity, the several objections intended to be insisted upon shall be stated therein.2

137. In all cases where a rule is obtained to show cause why proceedings should not be set aside for irregularity with costs, and such rule is afterwards discharged generally without any special direction upon the matter of costs, it is to be understood as discharged with costs.3

Affidavits.

138. The addition and true place of abode of every person making an affidavit, shall be inserted therein.*

139. In every affidavit made by two or more deponents, the names of the several persons making such affidavit shall be written in the jurat.5

140. No affidavit shall be read or made use of in any matter depending in court, in the jurat of which there shall be any interlineation or erasure."

141. Where any affidavit is sworn before any judge or any commissioner by any person who from his or her signature appears to be illiterate, the judge's clerk or commissioner taking such affidavit shall certify or state in the jurat that the affidavit was read in his presence to the party making the same, and that such party seemed perfectly to understand the same, and also that the said party wrote his or her mark or signature in the presence of the judge's clerk or commissioner taking the said affidavit.7

142. No affidavit of the service of process shall be deemed sufficient, if sworn before the plaintiff's own attorney or his clerk.8

143. Where an agent in town, or an attorney in the country, is the attorney on the record, an affidavit sworn before the attorney in the country shall not be received; and an affidavit sworn before an attorney's clerk shall not be received, in cases where it would not be receivable if sworn before the attorney himself; but this rule shall not extend to affidavits to hold to bail. 9

144. An affidavit sworn before a judge of any of the courts shall be received in the court to which such judge belongs though not entitled of that court, but not in any other court unless entitled of the court in which it is to be used.10

145. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be made use of in court or before the master, unless by leave of a court or a judge."

1 Same as R. H. 2 W. 4, s. 33. Arch. New C. L. Pr. 279.

2 See Arch. New C. L. Pr. 281.

3 See Id. 283.

4 See Id. 394.

5 See Id. 401.

See Id. 400, 401.

7 See Arch. New C. L. Pr. 401. 8 See Id. 399.

9 Same as R. H. 2 W. 4, s. 6. See Arch. New C. L. Pr. 400.

10 See Arch. New C. L. Pr. 389. 11 See Id. 401.

146. No rule which the court has granted upon the foundation of any affidavit shall be of any force, unless such affidavit shall have been actually made before such rule was moved for, and produced in court at the time of making the motion.1

147. All affidavits used before a judge out of court shall be filed with the masters of the said courts, and be alphabetically indexed; and such affidavits shall be delivered to the masters of the respective courts, in order to be filed, ten days next after that on which the matter is disposed of.2

148. No commission for taking affidavits shall be issued to any person practising as a conveyancer, unless such person be also an attorney or solicitor of one of the courts at Westminster; and no such commission shall issue without an affidavit made by the person intended to be named therein, that he is not and does not intend to become a practising conveyancer, or that he is an attorney or solicitor duly enrolled in one of the said courts, and hath taken out his certificate for the current year.3

Rules, Summonses, and Orders.

149. Every rule of court shall be dated the day of the week, month, and year on which the same is drawn up, without reference to any other time or date.

150. Side bar rules may be obtained on the last as well as on other days in term.5

151. A rule may be enlarged, if the court think fit, without

notice.6

152. All enlarged rules shall be drawn up for the first day in the ensuing term, unless otherwise ordered by the court."

153. It shall not be necessary to issue more than one summons for attendance before a judge, upon the same matter, and the party taking out such summons shall be entitled to an order on the return thereof, unless cause is shown to the contrary.3

154. An attendance on a summons, or on an appointment before a master, for half an hour next immediately following the return thereof, shall be deemed a sufficient attendance.9

155. All written consents upon which orders for signing judgments are obtained shall be preserved in the chambers of the judges of the respective courts.10

156. In actions where the defendant has appeared by attorney, no such order shall be made, unless the consent of the defendant be given by his attorney or agent."

157. Where the defendant has not appeared, or has appeared in

730 Notices, Service of, and of Rules, Pleadings, &c.

person, no such order shall be made unless the defendant attends the judge, and gives his consent in person, or unless his written consent be attested by an attorney acting on his behalf; except in a case where the defendant is a barrister, conveyancer, special pleader, or attorney.'

158. Where a judge's order is made during vacation, it shall not be made a rule of court before the next term.2

159. When a judge's order or order of nisi prius is made a rule of court, it shall be a part of the rule that the costs of making the order a rule of court shall be paid by the party against whom the order is made, provided an affidavit be made and filed that the order has been served on the party, his attorney or agent, and disobeyed.3

160. Rules to show cause shall be no stay of proceedings, unless two days' notice of the motion shall have been served on the opposite party, except in the cases of rules for new trials, or to enter verdict or nonsuit, motion in arrest of judgment, or for judgment non obstante veredicto, to set aside award or annuity deed, or to enter a suggestion, or by the special direction of the court.1

Notices, Service of, and of Rules, Pleadings, &c.

161. All notices required by these rules, or by the practice of the court, shall be in writing.5

162. Where the residence of a defendant is unknown, rules, notices, and other proceedings may be stuck up in the office, but not without previous leave of the court or a judge.

6

163. It shall not be necessary to the regular service of a rule or order, that the original rule or order should be shown, unless sight thereof be demanded, except in cases of attachment.7

164. Service of pleadings, notices, summonses, orders, rules, and other proceedings shall be made before seven o'clock, P.M. If made after that hour, the service shall be deemed as made on the following day.8

165. The masters of the several courts shall cause to be kept an alphabetical book at their offices, to be there inspected by any attorney or his clerk, without fee or reward:-and every attorney practising in the said courts, and residing within ten miles of the general post-office, shall enter in such book (in alphabetical order) his name and place of business, or some other proper place within three miles of the said post-office, where he may be served with pleadings, notices, summonses, orders, rules, and other proceedings; and as often as any such attorney shall change his place of business, or the place where he may be so served as aforesaid, he shall make the like entry thereof in the said book; and all pleadings, notices, summonses, orders, rules, and other proceedings which

1 See Arch. New C. L. Pr. 461.

2 See Id. 423.

3 See Id. 424. 4 See Id. 406.

5 See Arch. New C. L. Pr. 533.

6 See Id. 533.95.

7 See Id. 410. 421.

8 See Id. 533.

do not require a personal service shall be deemed sufficiently served on such attorney if a copy thereof shall be left at the place lastly entered in such book with any person resident at or belonging to such place; and if any such attorney shall neglect to make such entry, the fixing up of any notice, or the copy of any pleadings, notice, summons, order, rule, or other proceeding, for such attorney, in the masters' offices, shall be deemed a sufficient notice.1 166. In all cases where a party sues or defends in person, he shall, upon issuing any writ of summons or other proceeding, or entering an appearance, enter in a book to be kept for that purpose at the master's office, an address within three miles from the general post-office, at which all pleadings, notices, summonses, orders, rules, or other proceedings not requiring personal service, shall be left; and if such address shall not be entered in the said book, or if such address shall be more than three miles from the general post-office, then the opposite party shall be at liberty to proceed by sticking up all pleadings, notices, summonses, orders, rules, or other proceedings in the master's office, without the necessity of any further service.2

167. In all cases where a plaintiff shall have sued out a writ in person, or a defendant shall have appeared in person, and either party shall by an attorney of the court have given notice in writing to the opposite party, or the attorney or agent of such party, of such attorney being authorized to act as attorney for the party on whose behalf such notice is given, all pleadings, notices, summonses, orders, rules, and other proceedings, which according to the practice of the courts are to be delivered to or served upon the party on whose behalf such notice is given, shall thereafter be delivered to or served upon such attorney.3

Attachment.

168. Rules for attachments shall be absolute in the first instance in the two following cases only; viz. first, for nonpayment of costs on a master's allocatur; secondly, against a sheriff for not obeying a rule to return a writ or to bring in the body.*

Awards and Annuities.

169. Where a rule to show cause is obtained to set aside an award or an annuity, the several objections thereto intended to be insisted upon at the time of moving to make such rule absolute, shall be stated in the rule to show cause.5

170. Costs may be taxed on an award, notwithstanding the time for setting aside the award has not elapsed."