NOTICES TO CORRESPONDENTS.

We requested a Contributor to give us an article on the clauses of the Bankrupt Act mentioned by Mr. S., and received for answer that they were not a fitting subject for one. If Mr. S. will specify his doubts, we will gladly do our best to satisfy

them.

We bave not acted on Mr. V. D.'s suggestion, because his letter is lost. We are very sorry for it, but misfortunes will happen`in the best regulated magazines.

A Correspondent who requests the Editor to inform him of the law of Germany as to a particular point, is informed that he might as well inquire about the law of Europe at once. Can he be ignorant that almost every state has a system of its

own?

We have unintentionally hurt the feelings ot some surviving relatives of Mr. Hughes by the cursory mention of him in our Number for July last (Vol. VI. p. 244.) We only meant to say that he did not stand in the first rank of conveyancers, and are quite ready to believe that he was a practitioner of the highest respectability. He lived long before our time, and we could have no malice prepense against his fame.

We have long meditated including the Continent in our Events, and are only waiting for the revolutionary excitement to subside a little. The maxim “ cedant arma toga" is at present completely reversed, and, in France, the Thémis and the Revue Judiciaire, the only legal journals on a philosophical principle that have been tried, have both, as a correspondent observes, been englouties par le mouvement. By way of compensation, however, a Quarterly Journal of Legislation and Jurisprudence is about to appear at Pisa, under the conduct of M. Bonaini, Professor of Canon Law at the University, and some of the most celebrated jurists of ItalyCarmignani, Romagnosi, Niccolini, and Marzucchi-will co-operate.

We have waited until the last moment in the hope of being able to procure a copy of the New Rules, but none has yet appeared. They will appear in our next Number.

Addendum.-At p. 90. Lord Thurlow's dislike to pious heroes is commemorated. The following illustrative anecdote has since reached us:- -When at Cambridge he read remarkably well, and often read Milton aloud to his companions. Satan's speeches were his especial favourites, and, on finishing one of them, he was frequently heard to say-" He was a fine fellow, I wish he had won."

REGULE GENERALES.

Hilary Term, 2nd William IV.

I. WHEREAS it is expedient that the practice of the Courts of King's Bench, Common Pleas, and Exchequer of Pleas, should, as far as possible, be rendered uniform: IT IS ORDERED, That the practice to be observed in the said Courts, with respect to the matters hereinafter mentioned, shall be as follows; that is to say,

Authority to Prosecute or Defend.

1. Warrants of attorney to prosecute or defend, shall not be entered on distinct rolls, but on the top of the issue roll.

2. A special admission of prochein amy or guardian, to prosecute or defend for an infant, shall not be deemed an authority to prosecute or defend in any but the particular action or actions specified.

Affidavit.

3. No affidavit of the service of process shall be deemed sufficient if made before the plaintiff's own attorney, or his clerk.

4. An affidavit sworn before a Judge of any of the Courts of King's Bench, Common Pleas, or Exchequer, shall be received in the Court to which such Judge belongs, though not entitled of that Court; but not in any other Court, unless entitled of the Court in which it is to be used.

5. The addition of every person making an affidavit shall be inserted therein.

6 Where an agent in town, or an attorney in the country is the attorney on the record, an affidavit sworn before the attorney in the country shall not be received; and an affidavit sworn before an attorney's clerk shall not be received in cases where it would not be receivable if sworn before the attorney himself; but this rule shall not extend to affidavits to hold to bail.

Arrest.

7. After non pros, nonsuit or discontinuance, the defendant shall not be arrested a second time without the order of a Judge.

8. Affidavits to hold to bail for money paid to the use of the defendant, or for work and labour done, shall not be deemed sufficient unless they state the money to have been paid, or the work and labour to have been done, at the request of the defendant.

9. No supplemental affidavit shall be allowed to supply any deficiency in the affidavit to hold to bail.

10. A variance between the ac etiam and the declaration, or the want of an ac etiam, where the defendant is arrested, shall not be deemed ground for discharging the defendant, or the bail; but the bail bond or recognizance of bail shall be taken with a penalty or sum of forty pounds only.

Writ, when and how to be Filed.

11. When the rule to return a writ expires in vacation, the sheriff shall file the writ at the expiration of the rule, or as soon after as the office shall be open.

12. And the officer with whom it is filed shall endorse the day and hour when it was filed.

Bail.

13. If any person put in as bail to the action, except for the purpose of rendering only, be a practising attorney, or clerk to a practising attorney, the plaintiff may treat the bail as a nullity, and sue upon the bail bond as

soon as the time for putting in bail has expired, unless good bail be duly put in in the mean time.

14. In the case of country bail, the bail piece shall be transmitted and filed within eight days, unless the defendant reside more than forty miles from London, and in that case, within fifteen days after the taking thereof 15. When bail to the sheriff become bail to the action, the plaintiff may except to them though he has taken an assignment of the bail bond.

16. It shall be sufficient, in all cases, if notice of justification of bail be given two days before the time of justification.

17. If bail, either to the action or in error are excepted to in vacation, and the notice of exception require them to justify before a Judge, the bail shall justify within four days from the time of such notice, otherwise on the first day of the ensuing term.

18. Notice of more bail than two shall be deemed irregular, unless by order of the Court or a Judge.

19. Affidavits of justification shall be deemed insufficient, 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.

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 recognizance.

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.

Bail Bond and Action thereon.

28. An action 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.

3

33. No application to set aside process or proceedings for irregularity shall be allowed unless made within a reasonable time, or if the party applying 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 judg

ment.

Declaration and Time for.

35. A plaintiff shall be deemed out of the 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 terin 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 removals 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 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.

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

Notices und 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.

Trial and Notice thereof.

57. Notice of trial and inquiry, and of continuance of inquiry, shall be given in town, but countermand of notice of trial, or inquiry, may be given either in town or country, unless otherwise ordered by the Court, or a Judge.

58. The expression "short notice of trial" shall, in country causes, be taken to mean four days.

59. In all cases where the plaintiff in pleading concludes to the country, the plaintiff's attorney may give notice of trial at the time of delivering his replication, or other subsequent pleading, and in case issue shall afterwards be joined, such notice shall be available; but if issue be not joined on such replication, or other subsequent pleading, and the plaintiff shall sign judgment for want thereof, and forthwith give notice of executing a writ of inquiry, such notice shall operate from the time that notice of trial was given as aforesaid; and in all cases where the defendant demurs to the plaintiff's declaration, replication, or other subsequent pleading, the defendant's attorney, or the defendant, if he plead in person, shall be obliged to accept notice of executing a writ of inquiry on the back of the joinder in demurrer; and in case the defendant pleads a plea in bar or rejoinder, &c. to which the plaintiff demurs, the defendant's attorney, or the defendant, if he plead in person, shall be obliged to accept notice of executing a writ of inquiry on the back of such demurrer.

60. Notice of a trial at bar shall be given to the proper officer of the Court, before giving notice of trial to the party.

61. In country causes, or where the defendant resides more than forty miles from town, a countermand of notice of trial shall be given six days before the time mentioned in the notice for trial, unless short notice of trial has been given.

62. In town causes where the defendant lives within forty miles of town, two days' notice of countermand shall be deemed sufficient.

63. The rule for a view may in all cases be drawn up by the officer of the Court, on the application of the party, without affidavit, or motion for that purpose.

New Trial, Motion in Arrest of Judgment, &c.

64. If a new trial be granted without any mention of costs in the rule, the costs of the first trial shall not be allowed to the successful party, though he succeed on the second.

65. No motion in arrest of judgment, or for judgment non obstante veredicto shall be allowed after the expiration of four days from the time of trial, if there are so many days in term, nor in any case after the expiration of the term, provided the jury process be returnable in the same term.

Judgment and Time for signing.

66. Judgment for want of a plea after demand may in all cases be signed at the opening of the office in the afternnon of the day after that on which the demand was made, but not before.