sufficient, unless they state that each

person justifying is worth the amount required by the practice of the Courts, over and above what will pay his just debts, and over and above every other sum for which he is then bail.

20. Bail, though rejected, shall be allowed to render the principal without entering into a fresh recognizance.

Tidd's Practice. 8th Edit. 9th Edit.

21. Bail shall only be liable to the sum sworn to by the affidavit of debt, and the costs of suit; not exceeding in the whole the amount of their recogni

22. Bail shall be at liberty to render the principal at any time during the last day for rendering, so as they make such render before the prison doors are closed for the night.

23. A plaintiff shall not be at liberty to proceed on the bail bond pending a rule to bring in the body of the defendant.

24. No bail bond taken in London or Middlesex shall be put in suit, until after the expiration of four days; nor, if taken elsewhere, till after the expiration of eight days exclusive, from the appearance day of the process.

25. The time allowed for excepting to bail put in upon a habeas corpus shall be twenty days.

26. A recognizance of bail in error shall be taken in double the sum recovered, except in case of a penalty; and in case of a penalty, in double the sum really due, and double the costs.

27. In ejectment, the recognizance of bail in error: shall be taken in double the yearly value and double the costs.

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BAIL

BAIL BOND AND ACTION THEreon.

28. An anction may be brought upon a bail bond by the sheriff himself in any Court.

29. In all cases where the bail bond shall be directed to stand as a security, the plaintiff shall be at liberty to sign judgment upon it.

30. Proceedings on the bail bond may be stayed on payment of costs in one action, unless sufficient reason be shewn for proceeding in more.

APPEARANCE.

31. A defendant who has been served with process by original, shall enter an appearance within four days of the appearance day, if the action is brought in London or Middlesex, or within eight days of the appearance day in other cases, otherwise the plaintiff may enter an appearance for him according to the statute; and any attorney who undertakes to appear, shall enter an appearance accordingly.

IRREGULARITY IN PROCESS AND PROCEEDINGS.

32. Where the defendant is described in the process or affidavit to hold to bail by initials or by a wrong name, or without a Christian name, the defendant shall not be discharged out of custody or the bail bond delivered up to be cancelled on motion for that purpose, if it shall appear to the Court that due diligence has been used to obtain knowledge of the proper name.

33. No application to set aside process or proceedings for irregularity shall be allowed, unless made within a reasonable time, nor if the party applying

has

has taken a fresh step after knowledge of the irregularity.

34. If a party plead several pleas, avowries, or cognizances without a rule for that purpose, the opposite party shall be at liberty to sign judgment.

DECLARATION AND TIME FOR.

35. A plaintiff shall be deemed out of Court unless he declare within one year after the process is returnable.

36. When the plaintiff declares against a prisoner, it shall not be necessary to make more than two copies of the declaration, of which one shall be served and another filed with an affidavit of service; upon the office copy of which affidavit a rule to plead may be given.

37. Where a cause has been removed from an inferior court, the rule to declare may be given within four days after the end of the term in which the writ is returned.

38. It shall not be necessary for a defendant in any case to give a rule to declare, except upon removal from inferior Courts; but the plaintiff may have a rule for time to declare in the Court of Exchequer as well as in the other Courts.

39. A rule to declare peremptorily may be absolute in the first instance.

40. A declaration laying the venue in a different county from that mentioned in the process shall not be deemed a waiver of the bail.

41. It shall not be deemed necessary to express the amount of damages in a notice of declaration.

42. Where

42. Where an amendment of the declaration is allowed, no new rule to plead shall be deemed necessary, whether such amendment be made of the same term as the declaration, or of a different term.

PLEA AND TIME FOR.

43. A demand of plea may be made at the time when the declaration is delivered, and may be indorsed thereon.

44. If a defendant after craving oyer of a deed omit to insert it at the head of his plea, the plaintiff on making up the issue or demurrer book may, if he think fit, insert it for him, but the costs of such insertion shall be in the discretion of the taxing officer.

45. If the declaration be filed or delivered so late that the defendant is not bound to plead until the next term, the defendant may plead as of the preceding term, within the first four days of the next term, any plea to the jurisdiction or in abatement, or a tender, or any other similar plea.

Tidd's Practice. 8th Edit. 9th Edit.

639 468 463

46. The defendant shall not be at liberty to waive his plea without leave of the Court or a Judge.

PARTICULARS.

47. A summons for particulars and order thereon may be obtained by a defendant before appearance, and may be made, if the Judge think fit, without the production of any affidavit.

48. A defendant shall be allowed the same time for pleading after the delivery of particulars under a Judge's order, which he had at the return of the summons; nevertheless, judgment shall not be signed

till

Tidd's Practice. 8th Edit. 9th Edit.

till the afternoon of the day after the delivery of the page particulars, unless otherwise ordered by the Judge.

NOTICES AND RULES AND SERVICE THEREOF.

49. Where the residence of a defendant is unknown, notice of declaration may be stuck up in the office, but not without previous leave of the Court.

50. Service of rules and orders, and notices, if made before nine at night, shall be deemed good, but not if made after that hour.

51. It shall not be necessary to the regular service. of a rule, that the original rule should be shewn, unless sight thereof be demanded, except in cases of attachment.

52. Where a term's notice of trial, or inquiry is. required, such notice may be given at any time before the first day of term.

53. A rule to reply may be given at any time when the office is open.

54. Service of a rule to reply, or plead any subsequent pleading, shall be deemed a sufficient demand of a replication, or such other subsequent pleading.

PAYMENT OF MONEY INTO COURT.

55. In all cases in which money may be paid into Court, leave to pay it in may be obtained by a side bar rule.

56. On payment of money into court, the defendant shall undertake by the rule to pay the costs, and in case of non-payment, to suffer the plaintiff either to move for an attachment, on a proper demand and service of the rule, or to sign final judgment for nominal damages.

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