The Sun.
London, England, 1847-03-08 00:00:00

THE SUN, CONDO

. -
RULES OF PRACTICE FOR THE ,of witnesses shall be allowed on taxation of costs, the
allowance for whose attendance shall be according to the
COUNTY COURTS IN ENGLAND. scale in the schedule, unless otherwise ordered, but in
1. Every plaint must be entered upon application at
no case to exceed such scale.
the office of the clerk, pursuant to the form in the Plaint 36. All costs shall be taxed by the clerk of the Court.
Book in the schedule to these rules annexed. _ 37. No warrant of execution or commitment shall be
2. On entering the plaint, the plaintiff shall, if the sum
executed after the efxpiration of two calendar months
from the date thereof. sought to be recovered shall exceed 5/., deliver at the
38. Every summons for a party to appear to be exa-
office of the clerk as many copies of a statement of the
acid
upon oath, pursuant to the appear
ton of the
particulars of his demand, or cause of action, as there are
mined
said Act, shall be served not less than
defendants, with an additional copy to file : provided
before the d three clear days
always, that in all cases, the judge, in his discretion, and
ay on which the party is required to appear
on such terms as he may think fit, may adjourn the cause
to such summons : provided always, that service of such
at the hearing, for the delivery of a statement of particu-
summons at any time before the time appointed for the
lars or further particulars. appearance of such party may be deemed by the judge
3. At the time of entering the plaint, the clerk of the to be good service, if it shall be proved to his satisfac-
court shall give to the plaintiff a note, according to the
lion
that such party was about to remove out of the
form in the said schedule ; and no money shall be paid
unsdiction of the court.
out of court to the plaintiff unless on production of such J
note, or by order of the judge. 39. Where any claim shall be made to or in respect
of any goods or chattels taken in execution under the
4. The summons to appear to a plaint shall be issued
according to the forms in the schedule, and shall be dated process of any court holden under the authority of the
as of the day on which the plaint was entered. said Act, or in respect of the proceeds or value thereof;
5. The clerk shall annex to each summons to be served by any landlord for rent, or by any person not being the
one of the copies of the statement of the particulars of party against whom such process has issued, and sum-
the plaintiff's demand furnished to him pursuant to rule mouses have been issued on the application of the officer
2, sealed with the seal of the court. charged with the execution of such process, such sum-
6. Every such summons must be served ten clear days menses shall be served in such time and manner as
before the holding of the court at which it shall be re- hereinbefore directed for a summons to appear to a
turnable. plaint, and the claimant shall be deemed the plaintiff,
7. The service of any-summons to appear to a plaint, and the execution creditor the defendant; and the
must be either personal, or by delivering the same to claimant shall, five clear days before the day on which
some person at the place of abode, or the place of busi- the summonses are returnable, deliver to the said officer,
mess of the defendant. or leave at the office of the clerk of the court, a particu-
8. Where a defendant shall be living or serving on lar of any goods or chattels alleged to be the property
of the claimant, and the grounds of his claim, or in case
board of any ship or vessel, or be residing or :quar-
tered in any barracks, and serving her Alajesty as a of a claim for rent, of the amount thereof, and for what
soldier or marine, it shall be sufficient service to deliver period the same is claimed to be due.
the summons to the senior office. on board, or to the 40. The clerk of every court shall keep the several
books, and in the form in the schedule.
person who may at the time have charge of such ship or
41. Every entry in such books shall have a number
vessel, or to the adjutant of the corps, or any officer or
prefixed, corresponding with the number of the plaint to
sergeant of the company to which such soldier or marine
shall belong, or be attached. which it refers. 42. The clerk of every court shall have an office at
9. Where a defendant shall be working in any mine
or other works carried on under ground, and the bailiff each place where the court of which he is clerk is held.
shall not be able to serve him with a summons, as here-
43. All matters or things required to be done by the
inbefore directed, it shall be sufficient service to deliver clerk of the court may be done by the clerk of the court,
the summons to the engine-man, banks-man, or other or by the assistant clerk or clerks provided by him.
44. The office of the clerk shall be open daily, and the
person in charge of such mine or works.
office
10. Where any defendant shall, by keeping his house hours shall be from ten o'clock in the morning
until four in the afternoon.
or place of abode closed, or by violence or threats prevent
any bailiff from serving the summons as hereinbefore 45. At ever court, or at such other times as the judge y
directed, and such summons shall have been affixed on shall require, the high bailiff shall deliver a statement or
the door of such house or place of abode, or otherwise return, pursuant to the form in the schedule,of what
served as nearly as may be according to the 9
mode here- shall have been done since his last return under every
inbefore directed, such acrrice shall be deemed good process of ovpontion nr commitment, which he shall have
service. been required to execute.
11. Provided that in all cases where a summons to 46. Eight days before the day of the holding of the
court, the high bailiff shall deliver to the clerk of the
appear to a plaint shall not have been served personally,
c
and the defendant shall not appear at the return day, it court a list of all summonses to appear which shall have
must be proved to the satisfaction of the judge that been served, and the clerk shall forthwith stick up such
the service of such summons has come to the know-
list in his office.
ledge of the defendant ten clear days before the said 47. Every high bailiff required to execute any war•
rant of execution or commitment issuing out of any
return day. other court, sha make a return to such ast d
12. Where any such summons has not been served as
court forthwithlt on the execution.thereof;l and if hementione shall
hereinbefore directed, the judge may, in his discretion,
not have executed such warrant, he shall return the
• in order to save the Statute of Limitations,direct another
same at the expiration of two calendar months from the
summons, or successive summonses to be issued, bearing
date thereof,
the same date and number as the first summons. 48. Every bailiff levying or receiving any money by
13. The bailiff who serves a summons to appear to a
virtue of any process issuing out of the court of which he
plaint shall indorse on a copy of such summons the time
bailiff, shall, within three days after the receipt thereof,
and manner of the service thereof, and shall produce
over the same to the clerk of such court.
such copy, so indorsed, at the court at which such sum- Pay
49. If any high bailiff shall have levied or received
mons shall be returnable, and such copy shall be filed
any money under any process issuing out of any other
by the clerk of the court. Court, he shall, within three days from the receipt
14. The above rules, except Rule 11, as to the mode
thereof, pay over such money, retaining the fees for exe-
of service of summonses to appear to a plaint, shall apply
cation thereof, to the high bailiff of such last mentioned
to the service of all summonses, judgments, orders,
Court.
. notices, and processes whatsoever, issuing under the
50. No summons, notice, order, or other process shall
authority of the said Act, except where otherwise di-
be served on Sunday, Christmas-day, or Good Friday ;
reefed by the said Act, or any rule under the authority
but such days shall be counted in the computation of the
thereof. time required by these rules, unless any of such days
15. Where the defendant pays money into court, the
shall be the last day of such time, in which case it shall
same must be paid into court five clear days before the
be excluded from such computation.
return of the summons. 51. In case of proceedings not provided for by the
16. If the plaintiff elect to accept in full satisfaction
forms in the schedule, the clerk of the court shall issue
of the debt or damages claimed, such part thereof es
the necessary process, using, where practicable, the
shall have been paid into court by the defendant, and shall
forms prescribed in the schedule as guides in framing
give a written notice to that effect to the clerk of the court,
the same.
and a like notice to the defendant, by serving the same on
52. Wherever the singular number is used in these
such defendant personally or leaving it at his place of
rules in reference to persons or things, it shall be under-
abode or business three clear days before the return of the
stood, when necessary to give full effect to the rule, to
summons, the action shall be discontinued, and the
plaintiff shall not be liable to any further costs. But in mean several persons or things ; and every word im-
default of giving such notice the suit will proceed ; and porting the masculine gender shall in like manner,
when necessary, be understood to include the femmeif the plaintiff do not appear at the hearing he shall be
liable to pay to the defendant such costs as he may incur gender.
in appearing to try the cause, or such other sum of
money as the judge may order.
17. Where a defendant desires to set off any debt or
demand alleged to be due to rim by the plaintiff, he
must give notice thereof in writing to the clerk of the
court, and deliver to such clerk two copies of a state-
ment of the particulars of such set-off five clear days
before the return of the summons.
18. The clerk of the court shall give to the plaintiff
a notice of such set-off, according to the form in the
schedule, in manner directed by the Act, together with
one of the copies of such particulars of set. off, sealed
with the seal of the court : Provided always that where
such notice shall not have been given, the judge in his
discretion, and on such terms as he shall think fit, may
adjourn the hearing of the cause, to enable the defendant
to give such notice such number of days before the day
to which the hearing may bc adjourned as the judge
shall think proper.
19. Where a defendant intends to rely on the special
defence of infancy, coverture, the Statute of Limitations,
or his discharge under any statute relating to bank-
rupts, or any act fir the relief of insolvent debtors, he
diall give notice in writing to the clerk of the court,
five clear days before the day on which the summons is
returnable; provide.l always, that where such notice
shell not have been given, the judge, in his di,eretion,
and on such terms as he shall think fit, may adjourn the
hearing of the cause, to enable the defendant to give
such notice such number of days before the day to which
the hearing may be adjourned, as the judge may think
proper.
20. Every notice of a demand of a jury, where the
debt or demand claimed shall exceed 51., must be made
in writing to the clerk of the court, two clear days be-
fore the return of the summons.
21. No application for a new trial, or to set aside any
proceedings, shall be m'ide subsequently to the court at
which such trial or other proceeding shall have been had,
sinless the party making such application shall have
given a written notice thereof to the clerk of the court
at his office, and to the other party, by serving the same
personally on such party, or leaving the same at his
usual place of abode or business, seven clear days before
the time of holding the court at which such application
shall be mate.
22. Where any money is paid into court under any
execution or order of the court, if the clerk receive no-
tice from any party of his intention to apply to the court
to set aside the execution or order under which the money
is paid into court, the clerk shall retain the same until
after such application has been determined, or until the
judge shall otherwise order.
23. When any order is made for the payment of any
debt, damages, costs, or other sum of money by instal-
ments, such instalments shall be payable at the office of
the clerk of court, at such periods as the court shall
order; and if no order be made, then the first shall be-
come due at the expiration of one calendar month from
the day of making the order, and ever/ successive in-
stalment at like periods of a calendar month from the
day of the previous instalment becoming due.
24. Where any cattle, goods, or chattels taken as a
distress for rent in arrear, or damage faisant. shall have
been replevied by the sheriff, the party at whose instance
such replevin shall have been made shall enter his plaint
in the court held under the authority of this Act, for the
district within which such distress may have been made.
25. On entering a plaint or replevin, the plaintiff must
specify and describe in a statement of particulars, the
cattle, or the several goods and chattels taken under the
distress, and of the taking of which he complains.
26. All actions of replevin in cases of distress for rent
in arrear, or damage faisant, shall be tried in a summary
way as all other actions in the courts held under the
authority of this Act, and the judgment therein in ordi-
nary cases, whether the plaintiff or defendant, shall be
according to the forms in the schedule, or to the like
effect.
27. Execution on a judgment is not to issue by or
against any person not a party to such suit, without al
plaint or summons upon the judgment, the proceedings
in which shall be the same as in ordinary cases.
28. Where a judgment has been given for or against
a person deceased, his executors or administrators may
in the same manner sue or be sued upon the judgment.
29. The ordinary judgment against executors or ad-
ministrators shall be, to pay the debt or damages and
costs to be levied out of the goods of the deceased in
their hands, and as to the costs, if there are no such
goods, then to be levied out of their own goods.
30. Where the defence is, that executors or adminis-
trators have fully administered, if it be adjudged by the
court that they have assets not administered, then a like
judgment shall go as in the above case, but only as to
the goods of the deceased, to the amount proved to be
in their hands, and of assets quando acciderint, as to the
residue; the judgment as to costs shall be, that they be
levied de bonis testatoris si, 6-c., et si non, de bonis
propriis.
31. If the sole defence by executors or administrators
be, that they have fully administered, and the judgment
of the court is for the defendants, it shall be, that the
amount fonnd to be due be paid and levied cut of the
assetste
h3tisc,keittion of the judge.
and administrators,
.judgment has been given against execu-
torsthe
as _ mistrators, that the amount be levied upon
sets of the deceased quando accederint, the plain-
tiff may at any time
suggesting that as:se have
by plaint against them,
Court shall proceed and eve come to their hands, and the
nd
give judgment thereon, if for the
plaintiff, as in rule 29 dif for the defendants, they
shall be entitled to their%
33. Where judgment ht'l:7l:edcenbgoiven that the debt (or
eistestatoris and the
damages) and costs be levied
plaintiff complains that the defendantsgoodshaove been guilty
the deceased
of a deretstavit, inasmuch as no
execution
are forthcoming to satisfy the ex
summons may be taken out in the formissed, then a
gtven. in the
schedule, or to the like effect, and thereupon, as in ordi-
nary cases, the Court shall proceed to the hearing and
judgment, and if judgment be given against such exe-
cutors or administrators, then it shall be that they pay
the debt, or damages and costs, to be levied de bonis tea.
tatoris, si, 6.c. ct si non, de bonis propriis.
34. Where in an action against executors or admi-
are not executors or
• d? '--"r rei',..... bistrators, the defence is, that they
•" - - *.---"--r- administrators, or it is founded on some matter or thing
:stising since the death of the testator or intestate, ex. yr.
-aerelease to the defendants, if the judgment of the Court
-- -be against them, it shall be, that the debt, or damages
and costs, be levied and paid de hods testatoris Si, .ye ,
ersi non, de bonis propriis.
85. The judge shall in each case order what number

FRED. POLLOCK.
WM. WIG HTMAN.
C. CRESSWELL.

W. ERLE.

E. V. WILLIAMS.

The circuits to be holden under the Small Debts Act, as
appointed by the Lord Chancellor, are as follows:-
1. Gateshead, Alnwick, Belford, Bellingham, Berwick,
Haltwhistle, llexham, Morpeth, Newcastle, North Shield 3,
Rothbury, Woolen
2. Durham, Hartlepool, Shotley Bridge, South Shields,
Stockton, Sunderland, Walsingbam.
3. Alston, Carlisle, Cockermoutb, Keswick, Penrith,
Whitehaven, Wigton, Alverstone, Ambleside, Appleby,
Kirkby, Kendal, Kirkby-Lonsdale.
4. Blackburn, Burnley, Clitheroe, Colne, Garstang, Kirk-
ham, Lancaster, Poulton, Preston.
5. Bolton, Chorley, Leigh, Ormskirk, St. Helen's, Wigan.
6. Liverpool.
7. Altincham, Birkenhead, Chester, Knutsford, Nantwich,
Northwich, Runcorn, Salford, Warrington.

8. Manchester.
9. Congleton, Hyde, Macclesfield, Stockport, Glossop,
Ashton.

10. Bury, Haslingden, Oldham, Rochdale,'Saddleworth.
11. Bedford, Keighley, Otley, Settle, Skipton.
12. Halifax, Holmfirth, Huddersfield, Todmorden.
13. Barnsley, Doncaster, Goole, Rotherham, Sheffield,
Thorne.

_..„.....
14. Dewsbury, Leeds, Pontefract, Wakefield.
15. Boston, Knaresborough, Ripon, Selby, Easingwold,
Ley burn, Northallerton, Richmond, Stokesley, Thirsk,
Whit by, York.
16. barton-on-Humber, Beverley, Bridlington, Great
Driffield, Ileadon, Howdon, Kingston-on-Hull, Pocklington,
Helmsley, New Malton, Scarborough.
17. Boston, Brigg, Caistor, Gainsborough, Great
Grimsby, Iforncastle, Lincoln, Louth, Market Rana, Slea-
ford, Spilsbv.
18. Bingham, East Retford, Mansfield, Newark, Nutting-
ham, Worksop.
19. Altreton, Ashborne, Bakewell, Belper, Chapel- en-le-
Frith, Chesterfield, Derby, Wirksworth, Buxton.
20. Ashby-de-la-Zouch, Hinckley, Leicester, Loughbo-
rough, Market Bosworth, Market Harborough, Melton
Mowbray, Grantham, Oakham.
21. Atherstone, Birmingham,Tamworth.

22. Lutterworth, Daveriiry, Banbury, Alcester, Coventry,
Nuneaton, Rugby, Solihull, Southam, Stratford, Warwick,
Skipston.
23. Bromyard,Ledbury, Bromsgrove, Droitwich, Evesham,
Kidderminster, Fershore, Redditch, Stourbridge, Tenbury,
Upton, Worcester.
24. Hereford, Kingston, Leominster, Ross, Abergavenny,
Chepstow, Monmouth, Newport, Pontypool, Tredegar, Usk,
Presteigne.
25. Oldbury, Walsall, Wolverhampton, Dudley.
26. Cheadle, Hanley, Leek, Lichfield, Newcastle-under-
Lyne, Rugeley, Stafford, Stone, Uttoxeter.
27. Bishops Castle, Bridganorth, Cleobury, Drayton,
Ludlow, Madeley, Newport, Shrewsbury, Wem, Welling-
ton, Whi tch u rch.
28. Llangefui, Bangor, Carnarvon, Conway, Portmadoc,
Pwllheli, Denbigh, Llanrwst, Ruthin, St. Asaph, Holywell,
Mold.
29. Aberystwith, Ruabon, Wrexham, Bala, Corwen, Dol-
gelly, Llanfyllin, Llanidloes, Machynllet, Newtown, Welch-
pool, Oawestry.
30. Brecknock, Builth, Crickbowell, Hay, Bridgend, Car-
diff, Merthyr Tydvil, Neath, Swansea, Rhaidr.
31. Ceirmarthen, Llandilotawr, Llandovery, Llanelly, New-
castle-in- Emlyn Aberayron, Cardigan, Llanpeter, Haver-
fordwest, Narbeth, Pembroke.
32. Attlehorough, Aylsham, East Dereham, Great Yar-
mouth, Holt, Little Walsingham, North Walsingham,
Norwich, Wymondham.
33. Harleston. Thetford, Beccles' Bury St. Edmund's, Eye,
Farmingham, Halesworth, Ipswich, Lowestoft, Mildenball,
Stowmarket, Woodbridge.
34. Ely, March, Soham, Wisbeacb, Bourne, Holbeach,
Spalding, Stamford, Downham Market, King's Lynn, Swaff-
ham, Peterborough.
35. Bedford, Biggleswade, Cambridge, Newmarket, Saf-
fron Walden, Royston, Huntingdon, St. Neots, Kettering,
Oundle, Thrapstone, Haverhill.
36. Ampthill, Leighton Buzzard, Aylesbury, Bucking-
barn, Newport, Feigns], Brackley, Northampton, Towcester,
Wellingborough, Bicester, Thame.
37. Abindon, Farringdon, Hungerford, Newbury, Reading,
Wallingtord, \Vantage, Windsor, Chipping Norton, Oxford,
Witney, Woodstock.

38. Luton, Chesham, High Wycombe, Waltham, Barnet,
Bishop's Stortfori, Hertford, Hitchin, St. Albans, Watford,
Edmonton, Uxbridge.
39. Braintree, Brentwood, Chelmsford, Colchester, Dun-
mow, Halstead, Harwich, ilialdon, Rochiord, Romford, Had-
leigh, Sudbury.
40. Whitechapel.
41. Shoreditch, Bow.
42. Clerkenwell.

43. Bloomsbury.
44. Brentford, Brornpton, Marylebone.

45. Westminster.
46. Chertsey, Croydon, Dorking, Epsom, Farnham, Go-
dalming, Guildford, Kingston, Reigate, Wandsworth.
47. Southwark.
48. Greenwich, Lambeth.
49. Bromley, Dartford, Gravesend, Maidstone, Rochester,
Seven oaks. Sheerness, Tonbridge, Tonbridge Wells.
50. Ashford, Canterbury, Deal, Dover, Faversham, Folke-
stone, llythe, Margate, Ramsgate, Romney, Sittingbourne,
Tenterden.
51. Arundel, Brighton, Chichester, Cuckfield, East Grin-
stead, Hastings, Horsham, Lewes, Midhurst, Petworth,
Worthing.
52. Alton, Andover, Basingstoke, Bishops Waltham, New-
port, Isle of Wight, Petersfield, Portsmouth, Romsey, South-
ampton, Winchester.
53. Bath, Frome, Bradford, Caine, Chippenham, Devizes,
Marlborough, Melksharn, Swindon, Trowbridge, Warmin-
ster, Westbury.
54. Cheltenham, Cirencester, Darsley' Gloucester, Newent,
Newnham, Northleach, Stow, Stroud, Tewkesbury, Winch-
combe, Malmesbury.
i 5. Bristol, Chipping, Sudbury, Thornbury.
56. Blandford, Bridport, Dorchester, Poole, Shaftesbury,
Wareham, Weymouth, Wimhorne Minster, Christchurch,
Fordingbridge, Lymington' Salisbury.
57. Bridgewater, Chard, Clutton, Crewkerne, Langport,
Taunton, Wellington, Wells, Weston-super-Mare, Williton,
Wincanton, Yeovil.

58. Axminster. Barnstaple, Bideford, Creditor), Exeter,
Honiton, South lilolton, Tiverton, Torrington.
59. Camelford, Launceston,_ Holsworthy, Kingsbridge,
Newton Abbot, Oakhampton Plymouth, Tavistock, Totnes.
rutt
stAdrousse, s
Falmouth,intt. coium Jo
on;
Truro.Lislt
eard, Penzance, Red-

GOOD ADVICE.—The New York Tribune, alluding
to
stea
fatal conseluences which often occur from inhalim when a boiler bursts on board a steam-boat, recom-
ng
mends all steam-boat travellers to remember the following
advice :—" Keep your month abut when the boiler bursts."
We have to record the demise of Lieut.-Colonel
William Webber, an artillery Waterloo and Peninsular
officer. He died on the lat inst. at Ilexworth, after a bril-
liant service of forty-three years.

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