ant has till eleven o'clock on the following Monday (when the Judgment Office is opened), during which time he may deliver his pleas (Connelly v. Bremner, L. R. Ï, C. P. 557), REGULÆ GENERALES. Ante, p. 373. EASTER TERM, 1857. IT IS ORDERED, that plaintiffs suing in contract for £20 or less, may, if they claim costs, indorse on the writ of summons the following notice : "Take notice, that if judgment be signed for default of appearance, the plaintiff will without summons apply to a judge for his costs of suit, unless before such judgment you shall give notice to him, or his attorney, that you intend to oppose such application." And it is further ordered, that if the defendant give such notice, the plaintiff shall proceed by summons and order. But if the defendant give no such notice, the plaintiff may produce such indorsement to a judge at chambers for an order for costs, ex parte, and if the judge shall sign his name to the indorsement, such signature shall be an order for costs, and the master may tax them thereon accordingly. In case of any application for costs without such indorsement, the plaintiff shall not be entitled to more costs than if he had made such indorsement, unless a judge shall otherwise order. This notice must be in writing under R. G., H. T. 1853, r. 161, ante, p. 388; Woodward v. North (5 H. & N. 790; L. J. 29, Ex. 470). ENTRY OF SATISFACTION ON JUDGMENTS. Upon a satisfaction piece duly signed and attested in accordance with the 80th Rule of Hilary Term, 1853, being presented to the clerk of the judgments of the Masters in the Court in which the judgment has been signed, he shall file the same and enter satisfaction in the judgment book against the entry of the said judgment, and no roll shall be required to be WHEREAS by the Rule of Michaelmas Term, 1855, Ante, p. 458. with respect to indorsements on writs issued under the Bills of Exchange Act, 1855, it was, amongst other things, ordered "that no other claim than a claim on a bill of exchange or promissory note should be included in writs under the Summary Procedure on Bills of Exchange Act, 1855 :" And whereas it is expedient that the said rule should be explained and amended: It is hereby ordered, that where a defendant obtains leave to appear according to the said act, and enters appearance to any such writ according to the said Rule of Michaelmas Term, 1855, the plaintiff may include in his declaration, together with a count on the bill of exchange or promissory note (as the case may be), a count upon the consideration, if any, between the plaintiff and defendant for the bill of exchange or promissory note, and deliver a particular of demand accordingly. (Signed) CAMPBELL, A. E. COCKBURN, E. V. WILLIAMS, SAMUEL MARTIN, Read in Court, January 30, 1858. This rule still leaves the addition, in the declaration, of counts upon causes of action other than the consideration, between the parties, for the bill or note, an irregularity, in the nature of a variance after a special indorsement upon an ordinary writ of summons; and this it only profits a defendant to complain of in cases where he has a good defence to the count on the bill, and is therefore entitled, in the event of his succeeding thereon, to ask for the general costs up to declaration, whatever may be the event of the issues upon the other counts. See as to amendments, Knight v. Pocock (17 C. B. 177); Leigh v. Baker (2 C. B., N. S. 367). REGULA GENERALIS. As to division into Paragraphs of Special HILARY TERM, 25TH VICTORIA. IT IS ORDERED, that, from and after the first day of Easter Term next inclusive, every Special Case, Special Verdict, and Bill of Exceptions, set down in any of the Superior Courts of Common Law, shall be divided into paragraphs, which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively. And that the Masters on taxation do not allow the costs of drawing and copying any Special Case, Special Verdict, and Bill of Exceptions, not in substance in compliance with this Rule, without the special order of the Court. January 21, 1862. A. E. COCKBURN, This rule applies to evidence and documents set out at length in an appendix to a special case (Hadley v. Peeks, L. R. 1, Q. B. 444). REGULA GENERALIS. As to Proceedings on Appeals.* TRINITY TERM, 1867. IT IS ORDERED that on appeal from one of the Superior Courts, such Court shall have power to allow As to the occasion and object of this rule, see R. G., T. T. 1855, r. 26, n. (ante, p. 435). interest for such time as execution has been delayed by the proceedings in appeal for the delaying thereof; and the Master on taxing the costs may compute such interest without any rule of Court or order of a Judge for that purpose. And be it ordered that in lieu of the form No. 21 in the Rule of Michaelmas Vacation, 1854,* the following may be the form of a judgment of Court of Appeal in Exchequer Chamber on a disposal of the appeal in the plaintiff's favour where judgment for him had been given in the Court below, under the 41st and 42nd sections of the Common Law Procedure Act, 1854 [copy the case for the appeal as stated by the parties, and then proceed thus:] Afterwards on [the day of giving judgment of Court of Appeal], in the Court of Exchequer Chamber of our Lady the Queen before the Justices of the Common Bench of our Lady the Queen and the Barons of her Exchequer ; [or if the appeal be from the Common Pleas, say: "before the Justices of our Lady the Queen, assigned to hold Pleas in the Court of our Lady the Queen before the Queen herself and the Barons of her Exchequer ;" or if the appeal be from the Exchequer, say: "before the Justices of our Lady the Queen, assigned to hold Pleas in the Court of our Lady the Queen, before the Queen herself and the Justices of the Common Bench of our said Lady the Queen"], come the parties aforesaid by their respective attorneys aforesaid; and the said Court of Appeal decide that, &c. [state the decision of the Court upon the questions raised by the case on appeal]. And it is considered by the said Court of Appeal that the plaintiff do recover against the defendant £ for his damages and his costs, which the plaintiff hath sustained and expended by reason of the delay of execution on pretence of the proceedings in the said appeal, and that the plaintiff have execution thereof. (Signed) A. E. COCKBURN, WM. BOVILL, G. BRAMWELL, 6th June, 1867. J. BARNARD BYLES, * Ante, p. 448. REGULÆ GENERALES. As to the Jurisdiction of the Common Law Masters at Chambers. MICHAELMAS TERM, 1867. Ante, p. 345. WHEREAS, by the statute made and passed in the Session of Parliament held in the 30th and 31st years of the reign of her Majesty, intituled "An Act to provide for the better dispatch of business in the Chambers of the Judges of the Superior Courts of Common Law," It is enacted, that it shall be lawful for a majority of all the Judges of the said Courts, which majority shall include the two Chief Justices, or one of the Chief Justices, and the Chief Baron, from time to time to make and publish General Rules for certain purposes therein mentioned. It is therefore ordered, that the Masters of the said Courts of Common Law at Westminster be, and each of them is hereby empowered and required to do all such things, and transact all such business, and exercise all such authority and jurisdiction in respect of the same, as by virtue of any statute or custom, or by the Rules and Practice of the said Courts, or any of them respectively, were at the time of the passing of the said Act, and are now done, transacted, or exercised by any Judge of the said Courts sitting at Chambers, except in respect of matters relating to the liberty of the subject, and except (unless by consent of the parties) in respect of the following proceedings and matters, that is to say : All matters relating to Criminal Proceedings; The removal of Causes from Inferior Courts, other than the removal of judgments for the purpose of having Execution; Prohibitions and Injunctions; The referring of Causes under the Common Law The rectifying of omissions or mistakes in the Re- Discovery-whether by inspection of documents, interrogatories or otherwise; |