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TABLE OF THE CASES.

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Page 289, line 6 from the top, for "exclude," read "include."

Exchequer Reports.

REGULE GENERALES, 24 VICT.

COURT OF EXCHEQUER.

REVENUE SIDE.

In pursuance of the provisions contained in the 26th Section of the 22d and 23d Victoria, Chapter 21, intituled “An Act to regulate the Office of Queen's Remembrancer, and to amend the Practice and Procedure on the Revenue Side of the Court of Exchequer," It is Ordered that the following Rules in respect of the matters hereafter mentioned shall be in force on the Revenue Side of the Court of Exchequer.

GENERAL RULE AS TO ISSUING WRITS.

1. All writs to be hereafter sued out by the solicitor of any department, or by any attorney, shall be prepared by the solicitor of such department, or by the attorney suing out the same, and the name of such solicitor or the name and address of such attorney, together with the name of the department (if any) on behalf of which the writ is sued out, shall be endorsed thereon; and every such writ shall, before the issuing thereof, be sealed at the Queen's Remembrancer's office, and a præcipe thereof left at the said office; and thereupon an entry of every such writ, together with the date of sealing, and the name of the solicitor or attorney suing out the same shall be made in a book, to be kept at the Queen's Remembrancer's office for that purpose; and all writs of whatever description to be hereafter issued from the said Queen's Remembrancer's office shall be tested of the day, month, and year when issued; but in case any writ or writs of extent or VOL. VI.-N. S.

B

EXCH.

1860.

1860.

REGULE GENERALES,

EXCHEQUER REPORTS.

diem clausit extremum shall issue within twenty-one days from the date of the fiat, the same may bear teste the date of the fiat, provided that this rule is not to affect the right of the Crown applying to the Court, or a Judge, for a writ of extent or diem clausit extremum tested the date of the fiat, nor to affect commissions for enclosing waste land in any of the Royal forests, process against parishes or collectors under the 5th and 6th Will. 4. c. 20, s. 11, or commissions for taking the bond of a public officer, which may be issued as at present.

SUBPOENA AD RESPONDENDUM.

The proceeding by subpoena ad respondendum may be thus:2. The writ of subpoena may be either in Form 1, 2, or 3, Schedule A., according to the circumstances, and shall be in force six calendar months from the date thereof; and at any time during six months from the issuing or renewing, as hereinafter mentioned, of the original writ of subpoena, one or more concurrent writ or writs may issue, each concurrent writ to bear teste of the same day as the original writ, and to be sealed and marked “concurrent," and the date of issuing the concurrent writ; and such concurrent writ or writs shall only be in force for the period during which the original writ of subpoena shall be in force; but if any defendant therein named may not have been served therewith, the original or concurrent writ of subpoena may be renewed at any time before its expiration for six months from the date of such renewal, and so from time to time during the currency of the renewed writ, by being sealed and marked of the day, month and year of such renewal; and a writ of subpoena so renewed shall remain in force, and be available to prevent the operation of any statute whereby the time for the commencement of the suit may be limited, and for all other purposes, from the date of the issuing of the original writ of subpoena.

3. In order to proceed to judgment under the following rules the the service of the writ shall, where practicable, be personal; but the order of a Judge may be obtained under special circumstances, on affidavit, to dispense with personal service, and to proceed as is the practice on the Common Law side of the Court.

4. The appearance to be in fourteen days from day of service, inclusive of the day of service.

5. If defendant does not appear according to the exigency of the writ, judgment may be signed on filing an information (if not previously filed) and an affidavit of service, or the order to proceed, and in all cases where the claim is in respect of a debt, penalty or liquidated demand in money, execution may issue in fourteen days from the day of signing judgment.

6. If defendant appears in due time, a copy of the information must be delivered to the defendant, or his attorney, in case he appears by attorney, and notice given (either on the information or sepa

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