This was formerly provided for in the Exchequer, by M. T., 1 Wm. 4, r. 8; and in the Queen's Bench by R. H., 8 Geo. 3, a similar book was ordered to be kept; but there does not seem to have been any such rule in the Common Pleas. (a) Formerly, "place of abode." (b) Formerly, or some other place in London, Westminster, or the borough of Southwark, or within one mile of the office of the clerk of the pleas in the Exchequer." See Blackburn v. Peat, 2 Dowl. 293. 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. 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. There was a somewhat similar rule to this in the Exchequer, See M. T., 1 Wm. 4, r. 9. 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. See R. T., 17 Geo. 3; R. v. Johnson, 5 Q. B. 335. Formerly, it seems there were one or two cases in which such rule would be made absolute in the first instance, viz., where the rule disobeyed was in the alternative (see Ex parte Grant, 3 Dowl. 320, per Patteson, J.); and against an attorney who had received money, and disobeyed a rule ordering him to pay it over; Ex parte Burgin, 1 Dowl. N. S. 292; and see King v. Price, 1 Price, 341. It may be useful to refer to a late case, where it was held that a demand of the amount of the allocatur is sufficient, although no sum is named, nor the place where the demand was made, stated in the affidavit; Newton v. London, Brighton, and South Coast Rail., 7 D. & L. 328, B. C. 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. A similar rule of R. E., 2 Geo. 4 (Q.B.), was adopted in the Exchequer (Smith v. Briscoe, 11 Price, 51); and there was a similar rule in the Common Pleas, M. T., 10 Geo. 4. It is not sufficient to state a general head of objection (see Boodle v Davies, 4 N. & M. 788, 3 Ad. & E. 207, S. Č.; Gray v. Leaf, 8 Dowl. 654); but the affidavits, on which the rule is obtained, may be looked into, to explain the objection. See Rawsthorn v. Arnold, 6 B. & C. 629; Dunn v. Warlters, 1 Dowl. N. S. 629, per Alderson, B. 170. Costs may be taxed on an award, notwithstanding the time for setting aside the award has not elapsed. A distinction had been made in the Common Pleas as to the taxation of these costs, between the cases, where the reference is made by order of nisi prius, and the costs are to abide the event, and where the reference is made by agreement only. In the former case it was held, that the costs could not be taxed till the time for setting aside the award had elapsed, because, till then, judgment could not be signed; Jones v. Ives, 1 L. M. & P. 689, 10 Č. B. 429, S. C.; and see Hare v. Fleay, 2 L. M. & P., 392, 20 L. J., C. P. 249, S. C.; Little v. Newton, 1 M. & Gr. 976. MISCELLANEOUS. 171. On a reference to the master to ascertain the amount for which final judgment is to be signed, the master's certificate shall be filed in the office when judgment is signed. 172. On every appointment made by the master, the party on whom the same shall be served shall attend such appointment without waiting for a second, or in default. thereof, the master may proceed ex parte on the first appointment. This is a re-enactment of R. H., 32 Geo. (4 T. R. 580), Q. B., except that the former rule ordered that "the master shall proceed," &c. See ante r. 154, as to what is sufficient attendance. 173. The masters' offices in the several courts shall be open in term time, from eleven o'clock in the forenoon till five o'clock in the afternoon, and not in the evening; and in the vacation, from eleven o'clock in the forenoon till three o'clock in the afternoon, except between the 10th day of August and the 24th day of October, when they are to be open from eleven in the morning till two in the afternoon (a), and except on Good Friday, Easter Eve, Monday and Tuesday in Easter week, Christmas Day, and the three following days, and such of the four following days as may not fall in the time of term, but not otherwise, namely, the Queen's birthday, the Queen's accession, Whit Monday, and Whit Tuesday, when the offices shall be closed (b). (a) This rule adopts the times fixed by rules, in all the courts, of T. T., 7 Wm. 4. (b) These holidays, &c. were fixed by 3 & 4 Wm. 4, c. 42, s. 43, and H. T., 6 Wm. 4. 174. In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day, and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, Good Friday, or a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusively of that day also. This is a re-enactment of H. T., 2 Wm. 4, r. viii. See 1 Chit. Arch. 130, 131. 175. The days between Thursday next before, and the Wednesday next after Easter Day, and Christmas Day and the three following days shall not be reckoned or included in any rules, notices, or other proceedings, except notices of trial or notices of inquiry. This is a re-enactment of E. T., 2 Wm. 4, r. 1. The words in italics are new. The rule extends to pleadings and all proceedings, with the two exceptions mentioned in the rule; Harrison v. Tait, 4 B. N. C. 443, 6 Dowl. 611, S. C.. 176. In all causes in which there have been no proceedings for one year from the last proceeding had, the party, whether plaintiff or defendant, who desires to proceed shall give a calendar month's notice to the other party of his intention to proceed (a). The summons of a judge, if no order be made thereupon, shall not be deemed a proceeding within this rule (b). Notice of trial, though afterwards countermanded, shall be deemed a proceeding within it (c). (a) Formerly, by rules in the different courts (see R. M., 4 Anne ; R. M., 5 & 6 Geo. 2, Q. B.; R. E., 13 Geo. 2, C. P.), where no step had been taken for four terms (exclusive of the term in which the last proceeding was had, if such proceeding was had in term), a term's notice had to be given by the party desiring to proceed; 1 Chit. Arch. 132. This notice will not be necessary if the proceedings were stayed by injunction (Hayley v. Riley, 1 Dougl. 71), or if the delay has taken place at the defendant's request; Evans v. Davies, 3 Dowl. 786; and see Knight v. Gaunt, 20 Law Times, 239, 240, Q. B. (b) This was ordered formerly by R. E., 13 Geo. 2, C. P. (c.) Ibid. FORMS OF PROCEEDINGS. The forms of proceedings contained in the schedule hereunder may be used in the cases to which they are applicable, with such alterations as the nature of the action, the description of the court in which the action is depending, the character of the parties, or the circumstances of the case may render necessary; but any variance therefrom, not being in matter of substance, shall not affect their validity or regularity. SCHEDULE. 1.-FORM OF AN ISSUE IN GENERAL. In the Queen's Bench [or "Common Pleas," or chequer of Pleas," as the case may be]. Lord 18 The "Ex in the day of (The Venue.)-A. B. by P. A. his attorney [or "in person," as the case may be, and as in the declaration,] sues C. D., who has been summoned to answer the said A. B. by virtue of a writ issued on the 66 in the year of our Lord day of (the date of the first writ) out of her Majesty's Court of Queen's Bench, [or Common Pleas," or " Exchequer of Pleas," as the case may be,] For, [&c. Copy the declaration from these words to the end, and all the pleadings, with their dates, writing each plea or pleading in a separate paragraph, and numbering the same as in the pleading delivered, and conclude thus:] Therefore let a jury come, &c. 2.-FORM OF A NISI PRIUS RECORD. The Nisi Prius record will be a copy of the issue as delivered in the action. It must be engrossed on parchment, and a more convenient shape than that heretofore in use must be adopted. day of A. D. 3.-FORM OF A POSTEA on a Verdict for Plaintiff on all the Issues where the Cause is tried in London or Middlesex, and where the Defendant appears at the Trial. Afterwards on the (the first day of the sittings) at the Guildhall of the City of London [or "at Westminster Hall, in the county of Middlesex," before the Right Honourable John Lord Campbell, her Majesty's Chief Justice assigned to hold pleas in the court of our lady the Queen before the Queen |