REGULÆ GENERALES, 24 VICT. rately) to plead in fourteen days from the day of service of such notice, otherwise judgment. 7. The defendant may appear at any time before judgment actually signed; but if he does so after the ordinary time for appearance, he or his attorney must in such case forthwith give notice to the solicitor of the department or the attorney issuing the writ, that he has appeared. 8. If defendant appears after the time for appearance and before information filed, a copy of the information is to be delivered with notice to plead as before mentioned. And if defendant appears after the information has been filed, and before judgment signed, notice is to be given to him or to his attorney, at the office of the Queen's Remembrancer, of the day when the information was filed, and he may obtain an office copy thereof on payment for the same, and he must plead thereto within four days from the date of his appearance, otherwise judgment may be signed against him. 9. When a defendant appears in person the delivery of all rules, notices and other proceedings, may be made at the address given by him on entering his appearance. CAPIAS. 10. The writ of capias may be in Form 4, Schedule A., and shall be in force six calendar months from the date thereof, but the same may be renewed from time to time for a like period, at any time within the original period of six months, or within the renewed period by resealing the writ at the Queen's Remembrancer's office. 11. The appearance is to be entered, and bail piece filed in fourteen days after the execution of the writ, inclusive of the day of execution. 12. If the defendant, having given bail to the sheriff, does not appear according to the exigency of the writ and also file his bail piece, judgment may be signed on filing an information (if not previously filed) and the sheriff's return, and execution may issue in fourteen days from the day of signing judgment. 13. If defendant appears in due time and files his special bail, a copy of the information must be delivered to the defendant, or his attorney, in case he appears by attorney, and notice may be given (either on the information or separately) to plead in fourteen days from the day of service of such notice, otherwise judgment. The defendant may appear and file his bail at any time before judgment actually signed, but if he does so after the ordinary time for appearance and filing his bail, he or his attorney must in such cases forthwith give notice to the solicitor of the department issuing the writ that he has done so. 14. If the defendant appears and files his bail after the time for appearance and before information filed, a copy of the information is to be delivered, with notice to plead as before mentioned; and if 1860. REGULE GENERALES. 1860. REGULE GENERALES. 16 & 17 Vict. c. 107, s. 295. EXCHEQUER REPORTS. defendant appears and files his bail after the information has been filed, and before judgment signed, notice is to be given to him or to his attorney, at the office of the Queen's Remembrancer, of the day when the information was filed: and he may obtain an office copy thereof, on payment for the same, and he must plead thereto within four days from the date of his appearance and filing his bail, otherwise judgment may be signed against him. 15. In any case if a defendant be in custody for want of bail he may be served with a copy of the information filed against him, personally, or by delivery of a copy of the information to the gaoler, keeper, or turnkey of the prison, and in default of such defendant appearing and pleading to such information for twenty days from the date of such service, judgment may be entered by default and execution issue forthwith. 16. In any case where a party is in gaol and is to be served with a copy of the information, the copy is to be made by the solicitor of the department, but before service the information is to be filed at the Queen's Remembrancer's office. Provided that nothing in these rules shall affect the right to take an assignment of the bail bond. 17. If a defendant be arrested and gives bail to the sheriff for his appearance, before entering such appearance the defendant shall give a notice containing the names and addresses of his bail to the solicitor of the department out of which the capias issued, and which notice shall be left with such solicitor four clear days before application shall be made for the notice to be returned. 18. Should the bail be approved, a bail piece containing the name of defendant and his bail, with their respective addresses and occupations, is to be made out on parchment by defendant or his attorney, and, acknowledged, the leave of a Judge must be obtained, if more than two names of bail are inserted in the bail piece. The bail piece, if acknowledged in town, must be before a Judge or Special Commissioner, and, after acknowledgment, filed, together with the Crown's approval of bail, in the Queen's Remembrancer's office; if acknowledged in the country, it must be before a Commissioner duly authorized to take special bail in the Exchequer; in the latter case, after acknowledgment an affidavit of caption must be made, which together with the bail piece, and Crown's approval of bail, must also be filed in the Queen's Remembrancer's office; and, at the time of filing his bail, defendant must also enter his appearance and give notice to the solicitor of the department that he has done so, if bail not perfected and appearance entered in due time; if the bail is refused, the parties shall be at liberty to justify before a Judge, or by order of a Judge before the Queen's Remembrancer, upon giving two clear days' notice of their intention to do so to the solicitor of the department who issued the writ of capias, or, the defendant may submit the names of other bail for the solicitor's approval. 19. If defendant requires further time for appearance or perfecting bail, the same may be obtained by summons and order of a Judge. 20. By the order of a Judge the defendant may render to the county goal where arrested, but notice of the application must be given to the solicitor of the department; and if order made and defendant renders to such county gaol, a copy of such order must be left with the gaoler and also at the Queen's Remembrancer's office, but defendant may render to the Queen's prison as at present, on giving notice to the Queen's Remembrancer, who is to prepare a transcript of the bail, and attend with the same and original bail piece before a Judge at the time of defendant rendering. If defendant only puts in bail for the purpose of rendering, the bail piece and transcript are to be prepared by the defendant, and, after acknowledgment, the bail piece is to be filed at the Queen's Remembrancer's office. For Form of Bail pieces, see Schedule C., Forms 10 and 11. INTRUSION. 21. In order to assimilate the mode of procedure in intrusion to that in ejectment and trespass on the Common Law side of the Court as nearly as may be, consistently with the rights and prerogatives of the Crown and the provisions of the statute 21 Jac. 1, c. 14, the mode of procedure, to remove persons intruding upon the Queen's possession of lands or premises, shall be separate and distinct from that to recover profits or damages for intrusion. 22. In proceeding by writ of subpoena for intrusion to remove persons intruding upon the Queen's possession of lands or premises, the writ may be directed to the persons intruding by name, and to all persons entitled to defend the possession of the property claimed, and the property intruded upon shall be described in the endorsement on the writ with reasonable certainty. For form of writ see Schedule A., No. 2. 23. The writ shall command the persons to whom it is directed to appear within 14 days after service thereof in the Court of Exchequer to defend themselves in respect of the property alleged to be intruded upon, or such part thereof as they may think fit, and it shall also contain a notice that in default of appearance they will be removed from the premises. 24. The writ may be served in like manner as other writs of subpoena, or in such manner as a Court or Judge shall order: and in case of there being no person actually resident upon or in the actual occupation of the property, such writ may be served by affixing a copy thereof upon the door of any dwelling house, or upon any other conspicuous part of the premises. 25. The persons named as defendants in such writ, or either of them, shall be allowed to appear within the time appointed. 26. Any other person not named in such writ shall, by leave of the 1860. REGULE GENERALES. 1860. REGULE Court or a Judge, be allowed to appear and defend on filing an affi- 27. Any person appearing to defend as landlord in respect of pro- perty whereof he alleges himself to be taking the profits only by his tenant, shall state in his appearance that he appears as landlord. 28. Any person appearing to such writ shall be at liberty to limit his defence to a part only of the property mentioned in the endorse- ment on the writ, describing that part with reasonable certainty in a notice intituled "In the Exchequer, and cause," and signed by the party appearing or his attorney: such notice to be served within four days after appearance upon the solicitor whose name is endorsed on the writ, and an appearance without such notice confining the defence to part shall be deemed an appearance to defend for the whole. 29. No judgment for want of appearance to remove persons in- truding shall be signed without first filing an affidavit of the service of the writ and a copy thereof and the information, or, where personal service has not been effected, without first obtaining a Judge's order or a rule of Court authorizing the signing such judg- ment, which said rule or order, or a duplicate thereof, shall be filed, together with a copy of the writ and the information. 30. Where a person not named in the writ of subpœna, in such cases, has obtained leave of the Court or a Judge to appear and defend, he shall forthwith enter an appearance entitled in the suit, against the party or parties named in the writ as defendant or de- fendants, and shall forthwith give notice of such appearance to the solicitor of the department whose name is endorsed on back of the writ, and shall plead to the information and be subject to all the like rules of pleading and practice in respect thereof as if he had originally been named a defendant in the writ. 31. The Court or a Judge may strike out or confine appearances and defences, set up by persons not taking the profit of the land, &c. by themselves or their tenants. 32. In case no appearance shall be entered within the time ap- pointed, or if an appearance be entered, but the defence be limited to part only, the Crown shall be at liberty to proceed with respect to the undefended part of the claim, and may sign judgment and issue exe- cution for the removal of the defendant from the land or the part whereof to which the defence does not apply, as mentioned in Rule 33. The fact of intrusion by the defendant shall not be at issue between the parties on the trial, and in cases in which the defendant 34. If the defendant does not appear at the trial of the cause, the defendant shall be taken to have admitted the Crown's title, and the fact of the intrusion, and the verdict shall be entered for the Crown without producing any evidence, and the Crown shall have judgment for costs of suit. 35. The judgment for the Crown in cases of intrusion for the removal of persons intruding shall be a judgment of amoveas and capiatur pro fine, if a fine be sought to be recovered. 36. In case of judgment by default in intrusion, for the removal of persons intruding, either for non-appearance, or for want of pleading, no costs are to be allowed. INTRUSION FOR RECOVERY OF PROFITS OR DAMAGES. 37. In proceeding by writ of subpoena for intrusion on the Queen's possessions and taking profits or for damages, the writ shall be directed to the persons intruding by name, and may be in Form 3, Schedule A. 38. To an information of intrusion for taking profits or for damages the defendant may plead the general issue of non intrusit, or not guilty, subject to the provisions of the statute 21 Jac. 1, c. 14, and the judgment by default will be interlocutory, subject to the provisions of Rule 92; the final judgment for the Crown will be in either case, that the Crown do recover damages and costs, with a capiatur pro fine, if necessary. SERVING A CORPORATE BODY. 39. The service of a writ of subpoena ad respondendum, or scire facias, issued from the Revenue side of this Court against a corporation aggregate, may be served in like manner as a writ of summons issued against a corporation aggregate under the sixteenth section of the Common Law Procedure Act, 1852, and the like proceedings to judgment may take place thereon, as against any other party. INFORMATIONS. 40. In all cases the information when filed is to be on parchment, and (if not filed before) is to be filed when judgment is signed, and on the information is to be endorsed the day the process issued applicable to such information by the solicitor of the department or by the attorney filing the same; but in any case, if judgment be entered for the defendant, and the information be not filed, the copy delivered to the defendant may be filed in lieu of the original information. 41. All informations shall be delivered or filed, as the case may be, within twelve calendar months after the service or execution of the process for the purpose for which the same issued, and, if not, the Crown shall, unless otherwise ordered by the Court, or a Judge, be deemed out of Court; but in any case where a defendant shall be in custody either on capias or attachment for not appearing, the information, if not before filed, shall be filed, and service thereof made within 1860. REGULE GENERALES. |