which do not require a personal service, shall be deemed sufficiently served on such attorney, if a copy thereof shall be left at the place lastly entered in such book with any person resident at or belonging to such place: and if any such attorney shall neglect to make such entry, that then the fixing up of any notice, or the copy of any summons, order, or rule, for such attorney in the said Master's office, shall be deemed a sufficient service, unless the matter be such as shall require a personal service and it is further Ordered, That a copy of this rule shall be publicly fixed up in the said Master's office, and that another copy thereof shall be also fixed up in the chambers of each of the judges of this court.

Easter Term. 8 Geo. III. 1768.

cause to be

Ir is Ordered, That for the future, when any Prisoner surrendering prisoner surrenders or is surrendered to the cus- state of the tody of the Marshal in discharge of his or her bail, added under under the commitment shall be added, in what the commitstate the cause or causes stand at the time of such surrender; if before declaration," the sum sworn "to on the arrest ;" if a declaration hath been filed

ment.

or delivered, then to the sum sworn to shall be also added, "declaration filed or delivered," "issue joined," or" interlocutory judgment signed,” as the case is; if after final judgment in debt," the debt " and damages;" in other cases, " the quantum of "the damages."

Rules

Enlarged.

Hilary Term. 15 Geo. III. 1775.

It is Ordered, That all rules enlarged till next Six for each term be peremptory; and that six be set down peremptory for every day; and the like in every future term.

day.

Rules

Enlarged.

Michaelmas Term. 17 Geo. III. 1776.

It is Ordered, That all rules enlarged till the Eight for each next term be peremptory; and that eight be set peremptory down for every day; and the like in every future

day.

term.

Trinity Term. 17 Geo. III. 1777.

when abso

It is Ordered, That attachments shall be abso- Attachment lute in the first instance, only in the three follow- lute in the first instance. ing cases, viz. first, for non-payment of costs on the master's allocatur; secondly, against a sheriff · for not obeying a peremptory rule to return a writ, or to bring in the body; thirdly, for contempt of the court in the execution of the process of the

court.

Trinity Term. 19 Geo. III. 1779.

It is Ordered, That a defendant be not allowed oyer of an original writ; and that, if he demand it, the plaintiff may proceed as if no demand had

been made.

Oyer of original writ

not allowed.

Trinity Term. 22 Geo. III. 1782.

It is Ordered, That from and after the last day of this term, upon all process to be issued out of

this court, returnable before the last return of C

any

Declaration when it may

de bene esse

be upon pro

cess return- term, where no affidavit shall be made and filed

able the last

return of

term: and

what time

defendant

according
as affidavit of
the cause of

action is or
is not filed.

.

of the cause of action, pursuant to the act of par

liament for preventing frivolous and vexatious ar

has to plead rests, the plaintiff may file or deliver his declaration de bene esse at the return of such process, with notice, to plead in eight days after the filing or delivery thereof; and if the defendant doth not file common bail, and plead within the said eight days, the plaintiff having filed common bail for such defendant according to the said act, may sign judgment for want of a plea; provided that such declaration be delivered or filed, and notice thereof given four days exclusively before the end of such term, and a rule to plead be duly entered:

And it is further Ordered, That from and after the last day of this term, upon all process to be issued and made returnable as aforesaid, where an affidavit shall be made and filed of the cause of action pursuant to the said act, the declaration may be filed or delivered de bene esse at the return of such process, with notice to plead in four days after such filing or delivery, if the action be laid in London or Middlesex, and the defendant live within twenty miles of London; and in eight days if the action be laid in any other county, or

:

the defendant live above twenty miles from London and if the defendant puts in bail, and doth not plead within such times as are respectively above mentioned, judgment may be signed; provided that such declaration be delivered or filed, and notice thereof given four days exclusively before the end of such term, and a rule to plead be duly entered.

Michaelmas Term. 23 Geo. III. 1782.

Iris Ordered, That from and after the last day of this present Michaelmas term, in all actions in which the plaintiff shall proceed against the de

fendant by special original writ, and shall recover less than the sum of fifty pounds; he shall not, on taxing costs, be allowed any more or other costs than he would be entitled to in case he had

pro

ceeded by bill; except in such actions in which he could not proceed by bill: or in which any defendant shall be actually outlawed.

Costs in actions by special original where less than 501. recovered.