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

RULES OF PRACTICE FOR THE
COUNTY COURTS IN ENGLAND.
1. Every plaint must be entered upon application at
the office of the clerk, pursuant to the form in the Plaint
Bode in the sehedule to these rules annexed.
2. On entering the plaint, the plaintiff shalt, if the sum
sought to be recovered shall exceed 51., deliver at the
office of the clerk as many copies a a statementthere
of
particulars of his demand, or cause of action, as
defendants, with an additional copy to
provided
and
always, that in all cases, the judge, in his discretion,
cause
at such terms as he may think tit, may adjourn the
at the hearing, for the delivery of a statement of particu-
lars or further particulars.
3. At the time of entering the plaint, the clerk of the
court shall give to the
_plaintiff a note, according to the
form in the said schedule ; and no money shall be paid
out of court to the plaintiff unless on production of such
note, or by order of the judge.
4. The summons to appear to a plaint shall be issued
according to the forms in the schedule, and shall be dated
as of the day on which the plaint was entered.
5. The clerk shall annex to each summons to be served
one of the copies of the statement of the particulars of
the plaintiff's demand furnished to him pursuant to rule
0, sealed with the seal of the court.
6. Every such summons must be served ten clear days
before the holding of the court at which it shall be re-
turnable.
7. The service of any summons to appear to a plaint,
must be either personal, or by delivering the same to
some person at the place of abode, or the place of busi-
ness of the defendant.
8. Where a defendant shall be living or serving on
board of any ship or vessel, or be residing or quar-
tered in any barracks, and serving her Majesty as a
soldier or marine, it shall be sufficient service to deliver
the summons to the senior officer on board, or to the
person who may at the time have charge of such ship or
vessel, or to the adjutant of the corps, or any officer or
sergeant of the company to which such soldier or marine
shall belong, or be attached.
9. Where a defendant shall be working in any mine
or other works carried on under ground, and the bailiff
shall not be able to serve him with a summons, as here-
inbefore directed, it shall be sufficient service to deliver
the summons to the engine-man, banks-man, or other
person in charge of such mine or works.
10. Where any defendant shall, by keeping his house
or place of abode closed, or by violence or threats prevent
any bailiff from serving the summons as hereinbefore
directed, and such summons shall have been affixed On
the door of such house or place of abode, or otherwise
served as nearly as may be according to the mode here-
inbefore directed, such service shall be deemed good
service.
11. Provided that in all cases where a summons to
appear to a plaint shall not have been served personally,
and the defendant shall not appear at the return day, it
must be proved to the satisfaction of the judge that
the service of such summons has come to the know-
- ledge of the defendant ten clear days before the said
return day.
12. Where any such summons has not been served as
Lereinbefore directed, the judge may, in his discretion,
in order to save the Statute of Limitations, direct another
summons, or successive summonses to be issued, bearing
the same date and number as the first summons.
13. The bailiff who serves a summons to appear to a
plaint shall indorse on a copy of such summons the time
and manner of the service thereof, and shall produce
such copy, so indorsed, at the court at which such sum-
mons shall be returnable, and such copy shall be filed
by the clerk of the court.
14. The above rules, except Rule 11, as to the mode
of service of summonses to appear to a plaint, shall apply
to the service of a'.l summonses, judgments, orders,
notices, and processes whatsoever, issuing under the
authority of the said Act, except where otherwise di-
rected by the said Act, or any rule under the authority
thereof.
15. Where the defendant pays money into court, the
same must be paid into court five clear days before the
return of the summons.
16. If the plaintiff elect to accept in full satisfaction
of the debt or damages claimed, such part thereof as
shall have been paid into court by the defendant, and shall
give a written notice to that effect to the clerk of the court,
and a like notice to the defendant, by serving the same on
such defendant personally or leaving it at his place of
abode or business three clear days before the return of the
summons, the action shall he discontinued, and the
plaintiff shall not be liable to any further costs. But in
default of giving such notice the suit will proceed ; and
if the plaintiff do not appear at the hearing he shall be
liable to pay to the defendant such costs as he may iecur
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 him by the plaintiff, he
must give notice thereof in writing to the clerk of the
court, and deliver to such Ark two copies of a state-
ment of tke 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 forna in the
schedule, iu 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 tit, 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
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 for the relief of insolvent debtors, he
Lhall give notice in writing to the clerk of the court,
five clear days before the day on which the summons is
returnable; providel 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 be adjourned, as the judge may think
proper.
20. Every notice of a demand of a jury, where the
debt or demand claimed shill 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 mode subsequently to the court at
which such trial or other proceeding shall have been had,
unless 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 made.
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 er order under which the money
is paid into uotirt, the elerk snail 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 every 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 tiled 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 a
plaint or summons upon the judgment, the proceedings
in which shall he the same as in ordinary cases.
2S Where a judgment has been given for or against
It 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, &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
assets of the quando acciderint, and the costs shall be in
. the discretion of the judge.
32. Where judgment has been given against execu-
tors and administrators, that the amount be leviedu n
the assets of
any
deceased quando accederin t, the plapien-
tit/. may at
suggesting thantiatsune proceed b% plaint against them,
Court shall proceedsets have come to their hands, and the
plaintiff, as in rule 29 and give judgment thereon, if for the
shall be entitled to their costs.
33. Where judgment h:san given that the debt (or
damages) and costs be levied de bona testutoris, and the
plaintiff complains that the defendants
of the deceased
shave been guilty
of a denystav:t, inasmuch as 110
g
are forthcoming to sa,i.ty the execution issued,
in then a
the
summons may be t.' en out in the lcTra
schedule, or to the like effect, and Thereupon.g
ordi-
nary cases, the Court shall proceed to the beeline and
judgment, and if judgment be given against such exe-
cutors or administrator:;, then it shall be that they pay
the debt, or damages and costs, to be levied de Louis tes.
6 pts 12,-* • 6.c. as; non, de bonis proprirs.
r• ere in an action against executors or admi-
'7"4.-e ter the defiance
i is, that they are not executors or
", esee_ tiio ors, or it s founded on some matter or thing
e the death of the testator or intestate, ex. gr.
, ,
- • • • the defendants, if the judgment of the Court
-e far' -'A"- t
• • At hem, it shall be, that the debt, or damages
, be levied and paid de bonis testatoris si, 6e.,
- "(*o' 'de bonis propriis..
N. A 44 he judge shall in each ease order what Dumber