1860. REGULE GENERALES. EXCHEQUER REPORTS. same may be made on petition to the Court or a Judge, or by motion founded on a constat of such estreat, to be obtained from the office, and supported by such affidavits as the party may deem necessary. A copy of the petition or notice of the motion must be served on the Solicitor of the Treasury four days before the hearing of the same. 111. If a party to an estreated recognizance intends to plead thereto, he must obtain a constat of the recognizance at the office, and enter an appearance thereto, and plead to such estreat within fourteen days from the day of entering the appearance, and deliver such plea to the Solicitor of the Treasury, and the proceedings may be carried on as in other cases. EXECUTION ON ESTREATS. 112. In cases of process issuing for the recovery of any fines, issues, amerciaments, penalties, and recognizances estreated, the writ to be first used may be set out in Form 11, Schedule A., but the long writ heretofore in use may be issued when necessary or required as a second or subsequent writ. RULES TO RETURN WRITS OR BRING IN THE BODY. 113. The rules numbered 130 to 134, both inclusive, of the General Rules of Hilary Term, 1852, as to returning writs or bringing in the body, &c, where applicable, shall extend to, be adapted and applied to the Revenue side of the Court. RULES AND Orders. 114. The writ heretofore used calling upon a party to perform a rule or order shall not be necessary or used to bring such party into contempt; but the serving of a copy of the rule or order under the seal of the office, or the copy of an office copy of such rule or order, shall be sufficient to ground an application for an attachment or other writ, as the case may be. 115. No rule to appear, plead, deliver subsequent pleadings, claim, or for concilium, or judgment, shall be necessary. 116. It shall not be necessary to the regular service of a rule or order that the original or office copy thereof should be shewn, unless sight thereof be demanded, except in cases of attachment. 117. 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, but on Saturday the service must be made before two o'clock, p.m., otherwise to be deemed as made on Monday. AFFIDAVITS. 118. Every affidavit in any suit or proceeding on the Revenue side of the Court shall be drawn up in the first person, and shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject. No costs shall be allowed for any affidavit, or part of an affidavit, substantially departing from this rule. 119. 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 Queen's Remembrancer, unless by leave of the Court or a Judge. 120. 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. 121. All affidavits in Revenue matters used before a Judge out of Court shall be filed with the Queen's Remembrancer, and such affidavits shall forthwith be delivered to the Queen's Remembrancer, in order to be filed. 122. No party shall be required to take an office copy of his own affidavit, or be permitted to inspect or take an office copy of any affidavit for a capias to hold to bail, except by order of the Court or a Judge. SATISFACTION WARRANT AND NOLLE PROSEQUI. 123. The form of the satisfaction warrant may be in Form 9, Schedule C., in the Schedule hereto annexed, or as near thereto as the case may admit of; the same shall be engrossed on parchment and endorsed by the solicitor of the department from whence the proceedings emanated, afterwards signed by the Attorney General, and then filed in the Queen's Remembrancer's office. The nolle prosequi may be in Form 14, Schedule C.; the same must be engrossed on parchment, and, after being signed by the Attorney General, filed in the Queen's Remembrancer's office. LAND TAX ACT, 1ST AND 2ND VICT. CAP. 58. 124. In any application to the Court under this Act where the Crown is not a party, the order is to be drawn up, and the proceedings are to take place, on the plea side of the Court. WARRANTS OF NISI PRIUS AND TALES. 1860. REGULE GENERALES. 125. The record of nisi prius may be made up without any warrant Tales, 6 Geo. 4, of nisi prius being obtained, and tales may be prayed on behalf of c. 50, s. 37. the Crown, without any warrant for that purpose. LETTERS PATENT APPOINTING COMMISSIONERS OF CUSTOMS AND WRITS OF ASSISTANCE. 126. Letters patent appointing the Commissioners of Customs are to be enrolled in the Queen's Remembrancer's office, but the writ of assistance is to be prepared and issued in the same manner as other writs. 1860. REGULE GENERALES. WRITS OF SUMMONS FOR RECOVERY OF LEGACY OR SUCCESSIONS DUTY. 127. A full præcipe of the names of all the parties in these cases shall be sufficient without leaving a full copy of the writ; such writ shall be in force six calendar months, but may be renewed by resealing as a subpœna ad respondendum. For Form of Writ, see Schedule A., No. 12. SPECIAL CASES FROM MAGISTRATES OR QUARTER SESSIONS; ALSO 128. The above special cases are to be filed as at present, but not enrolled, unless the enrolment be necessary after giving judgment, when the same is to be prepared in the Queen's Remembrancer's office. WRITS OF LEVARI FACIAS AGAINST DEFAULTERS AND COLLECTORS. 129. When writs against either of the above parties are brought to the office to be sealed, there shall at the same time be filed the certificate of the receiving officer or other party, together with the affidavit and fiat for process to issue. TRIALS AT BAR. 130. Where any trial at bar is to take place, in addition to the respective pleadings being delivered between the parties, each party is to file a copy of his pleadings at the Queen's Remembrancer's office for the purpose of being enrolled. The trial is to take place on the roll. EXEMPLIFICATION OF RECORDS. 131. Any matter required to be exemplified shall be enrolled in the Queen's Remembrancer's office, and the exemplification prepared therein, as at present. PAYMENT OF MONEY INTO COURT, &c. 132. The party wishing to pay money into Court, either under Act of Parliament or by order of Court or a Judge, must apply at the office of the Queen's Remembrancer for a "Direction" to do so, which direction must be taken to the Bank of England, and the money there paid in; after payment, the receipt obtained from the Bank of England must be filed at the Queen's Remembrancer's office. 133. If the money is to be invested, paid out, or otherwise disposed of, an order of the Court or a Judge must be obtained for that purpose, upon notice to the opposite party. 134. The orders relating to the above matters are to be drawn up n the Queen's Remembrancer's office. SETTING DOWN SPECIAL VERDICTS, PETITIONS, DEMurrers, &c., for 135. All special verdicts, special cases, demurrers, and petitions shall be set down for argument, at the Queen's Remembrancer's office, four clear days before the day on which the same are to be argued, and notice given forthwith to the other party. 136. Four clear days before the day of argument two copies of the special verdict, special case, demurrer, or petition, with the points to be insisted on, are to be delivered by the solicitor of the department or other attorney to the Lord Chief Baron and Senior Baron of the Court, and two other copies of such document are to be delivered by the opposite party to the Barons 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 Court may make such order as to the hearing such argument, and as to costs or otherwise, as they may think fit. 137. When there shall be a demurrer to part only of the information (or pleading) or other subsequent pleadings, those parts only of the information (or pleading) and pleadings to which such demurrer relates shall be copied into the demurrer books. MISCELLANEOUS. 138. The Queen's Remembrancer's offices shall be open in term time from eleven o'clock in the forenoon till four 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, 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, viz., the Queen's birthday, the Queen's accession, Whit Monday, and Whit Tuesday, when the offices shall be closed. 139. On every appointment made by the Queen's Remembrancer, the party on whom the same shall be served shall attend without waiting for a second appointment, or, in default thereof, the Queen's Remembrancer may proceed ex parte on the first appointment. 140. These rules, so far as the same may be applicable, shall be deemed and taken to extend to suits and proceedings at the instance of the Attorney General of His Royal Highness the Prince of Wales or the Duke of Cornwall for the time being. 141. All writs shall conclude with the date of the day, month, and year without any other concluding words. 142. Excepting where at variance with these rules, or otherwise directed by the Court or a Judge, the present course of practice shall be pursued. 1860. REGULE GENERALES. 1860. REGULE GENERALES. 143. These rules shall not be deemed to apply to suits in Equity. 144. Writs into counties palatine may be directed to the sheriffs of those counties respectively. 145. Where any deed or other instrument is directed by statute to be enrolled in the Court of Exchequer, the same may be enrolled without obtaining a fiat for that purpose, and shall be enrolled of the day, month, and year when the same was delivered at the Queen's Remembrancer's office, with such introductory words as may be necessary. 146. That the foregoing Rules shall come into operation and take effect on Wednesday the 24th day of October A.D. 1860, and with respect to any matter or proceeding then pending these Rules may (so far as they are applicable to any step or proceeding to be thereafter taken) be adopted and applied accordingly. FRED. POLLOCK. 22nd June 1860. SCHEDULES. FORMS OF WRits, Proceedings, &c. The forms contained in the following Schedules may be used in the cases to which they are applicable, with such alterations as the nature of the suit, 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 A. FORM No. 1. Form of Subpæna. VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Irelend Queen, Defender of the Faith: To greeting. We command and strictly enjoin you, That within fourteen days from the service of this writ, inclusive of the day of such service, you cause an appearance to be entered for you in Our Court of Exchequer at Westminster, to answer Us concerning certain articles then and there on Our behalf to be objected against you; and take |