1834. 12. The assignment of errors, and subsequent pleadings thereon, shall be delivered to the attorney of the opposite party, and not filed with any officer of the Court. 13. No scire facias ad audiendum errores shall be necessary (unless in case of a change of parties); but the plaintiff in error may demand a joinder in error, or plea to the assignment of errors; and the defendant in error, his executors or administrators, shall be bound, within twenty days after such demand, to deliver a joinder or plea, or to demur; otherwise the judgment shall be reversed. Provided that if, in any case, the time allowed, as herein-before mentioned, for getting the transcript prepared and examined, for assigning errors, or for delivering a joinder in error, or plea or demurrer, shall not have expired before the 10th day of August in any year, the party entitled to such time shall have the like time, for the same purpose, after the 24th day of October, without reckoning any of the days before the 12th of August. Provided also, that, in all cases such time may be extended by a Judge's order. Provided also, that in all cases of writs of error, to reverse fines and common recoveries, a scire facias to the terretenants shall issue as heretofore. 14. When issue in law is joined, either party may set down the case for argument with the Clerk of the Errors of the Court of Error, or the Clerk of the Rules in the King's Bench, as the case may require, and forthwith give notice in writing thereof to the other party, and proceed to argument, in like manner as on a demurrer, without any rule or motion for a concilium. 15. Four clear days before the day appointed for argument, the plaintiff in error shall deliver copies of the judgment of the Court below, and of the assignment of errors, and of the pleadings thereon, to the Judges of the King's Bench on writs of error from the Common Pleas or Exchequer, and to the Judges of the Common Pleas on writs of error from the King's Bench; and the defendant in error shall deliver copies thereof to the other Judges of the Court of Exchequer Chamber, before whom the case is to be heard; and in default by either party, the other party may deliver such books as ought to have been delivered by the party making default; and the party making default shall not be heard until he shall have paid for such copies, or deposited with the Clerk of the Errors, or the Clerk of the Rules in the King's Bench, as the case may be, a sufficient sum to pay for such copies. 16. No entry on record of the proceedings in error shall be necessary before setting down the case for argument; but, after judgment shall have been given in the Court of Errors in the Exchequer Chamber, either party party shall be at liberty to enter the proceedings in error on the judgment roll remaining in the Court below, on a certificate of a Clerk of the Errors of the Exchequer Chamber of the judgment given, for which a fee of 3s. 4d., and no more, shall be charged. 17. Notice of taxing costs shall not be necessary in any case where the defendant has not appeared in person, or by his attorney or guardian, notwithstanding the general rule of Trinity Term, 1 W. 4. s. 12. 18. It shall not be necessary to repass any nisi prius record which shall have been once passed, and upon which the fees of passing shall have been paid. And if it shall be necessary to amend the day of the teste and return of the distringas or habeas corpora, or of the clause of nisi prius, the same may be done by the order of a Judge, obtained on an application ex parte. 19. Writs of trial shall be sealed only, and not signed. 20. Either party, after plea pleaded, and a reasonable time before trial, may give notice to the other, either in town or country, in the form hereto annexed, marked A, or to the like effect, of his intention to adduce in evidence certain written or printed documents; and unless the adverse party shall consent, by indorsement on such notice, within forty-eight hours, to make the admission specified, the party requiring such admission may call on the party required, by summons, to show cause before a Judge why he should not consent to such admission; or, in case of refusal, be subject to pay the costs of proof. And unless the party required shall expressly consent to make such admission, the Judge shall, if he think the application reasonable, make an order that the costs of proving any document specified in the notice, which shall be proved at the trial to the satisfaction of the Judge, or other presiding officer, certified by his indorsement thereon, shall be paid by the party so required, whatever may be the result of the cause. Provided that, if the Judge shall think the application unreasonable, he shall indorse the summons accordingly. Provided also, that the Judge may give such time for inquiry or examination of the documents intended to be offered in evidence, and give such directions for inspection and examination, and impose such terms upon the party requiring the admission, as he shall think fit. If the party required shall consent to the admission, the Judge shall order the same to be made. No costs of proving any written or printed document shall be allowed to any party who shall have adduced the same in evidence on any trial, unless he shall have given such notice as aforesaid, and the adverse party shall have refused or neglected to make such admission, or the Judge shall have indorsed upon the summons, that he does not think it reasonable to require it. VOL. V. A Judge 1834. 8028942 12048 1834. A Judge may make such order as he may think fit respecting the costs of the application, and the costs of the production and inspection; and, in the absence of a special order, the same shall be costs in the cause. in evidence the several documents hereunder specified, and that the same { , on } defendant his attorney or agent, at , between the hours of ; and that the will be required to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed as they purport respectively to have been; that such as are spe cified as copies, are true copies; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this cause. Dated, &c. G. H., attorney for {plainant.} [Here describe the documents; the manner of doing which may be as follows:-] DIRECTIONS to taxing Officers as to all Writs issued on or after the 15th March 1834. In all actions of assumpsit, debt, or covenant, where the sum recovered, or paid into Court and accepted by the plaintiff in satisfaction of his demand, or agreed to be paid on the settlement of the action, shall not exceed 201. without costs, the plaintiff's costs shall be taxed according to the reduced scale hereunto annexed. Provided that in case of trial before a judge of one of the superior courts, or judge of assize, if the judge shall certify on the posteà that the cause was proper to be tried before him, and not before a sheriff or judge of an inferior court, the costs shall be taxed upon the usual scale. At the head of every bill of costs taken to the taxing officer to be taxed, it shall be stated whether the sum recovered, accepted, or agreed to be paid, exceeds the sum of 201. or not, in the following form : — "Debt above 201." "Debt 201. or under." The Officers of the Exchequer to allow no incipiturs of judgment on paper, and mark the judgment on the posteà. Three shillings and four-pence to be allowed for drawing the judgment in all cases. Every brief sheet to contain eight folios at the least, which are to be paid for at the rate of 6s. 8d. per sheet for drawing, and 3s. 4d. copying. For every witness the allowance for travelling to be the expense actually paid, not exceeding 1s. a mile, unless under special circum stances. VOL. V. *b 2 No 1834. |