The Sun.
London, England, 1832-11-05 00:00:00

NEW RULES FOR REGULATING THE

PRACTICE OF THE COURTS.

The Act of Parliament, introduced by Lord Tenterden.
providing for more speedy judgments and executions in
actions, by hastening the returns of writs of inquiry, and
by empowering the judges, by certificate in actions, to
direct the execution forthwith, came into operation on
Saturday last. The following are the geaeral rules agreed
upon by the judges in pursuance of the statute :
" It is ordered that every writ of summons, capias, and
detainer, shall contain the names of all the defendants, if
more than one in the action, and shall not contain the
name or names of any defendant or defendants in more
actions than one.

" It is further ordered, that the following fees shall be
taken,—for signing all writs for compelling an appearance,
whether of summons, distringas, capi►s, or detainer,
whether the same shall be the first writ, or an alias or
pluries writ, and whether the same shall issue into the
same county as the preceding writ, or into a different
county, 2s. 6d. ; for sealing the same, 7d. ; for entering
an appearance for every defendant, Is. ; unless an appear-
ance shall be entered for more than one defendant by
the same attorney, and in that case for every additional
defendant, 4d.

" The person serving a writ of summons, is within
three days after service, to endorse on the writ the day
and month of such service, otherwise the plaintiff shall
not be at lib:Tty to enter an appearance for the defendant,
according to the statute.
" The officer is, within six days, to endorse on writs
the time of execution, whether by service or arrest, and
in default t be liable to make compensation for neglect.
" The second rule of Hilary Term, 1832, to be appli-
cable to all writs of summons, distringa., capias, and de-
tainer, issued under the authority of the Act.
" Any alias or plunks writ of summons may, if the
plaintiff shall think it desirable, be issued into another
county, and any alias or pluries writ of capias may be di-
rected to the sheriff of any other county, the plaintiff in
such c,,se upon the alias or pluries writ of summons de-
scribing the defendant as late of the place of which he

was described in the first writ of summons, and upon
the alias or pluvies writ of capi.s, referring to the
preceding writ or writs, as directed to the abet iff, to whom
they were in fact directed.
"In every writ of distringas, issued under the authority
of the Act, a non-outlaw; clause may he introduced by the
plaintiff without the payment of any additional fee on that
account.
" When the attorney actually suing out any writ shall
sue out the same as agent for an attorney in the country.
the name and place of abode of such attorney in the c ,un.
try shill also be endorsed upon the writ. Writs may he '
set aside a+ irregular, if the matters required by the Act
are not inserted in or endorsed on them.
" Upon all writs of capias where the defendant shall
not be in actual custody. the plain iff, at the expiration of
eight days after the execution of the writ. inclusive of the
day of such execution, shall be at liberty to declare de
bene esse, in case special bail shall not have been per-
fected. And if there be several defendants, and one or
mote of them shall have b en served only, and not ar-
tested, and the defendant or defendants so served shall not
have entered a common appearance, the plaintiff shall be
at liberty to enter a common appearance for him or
them, and dec are agiinat him or them in chief, and de
bent esse against the defendant or defendants who shall
have been arrested, and shall not hive perfected special bail.
" In case the time for pleading to any Maranon, cr or
answering any pleading, shall not hive expired before the
10th of August, in any year, the party called upon to
plead, reply, &i.., shall have the same number of days for
that purpose aft r the 24 h of Oc oher, as if the dec aration
or preceding pleading had been delivered or filed on the
24th of October, but in such cases it shall not he necessary
to have a second rule to plead, reply, &i..
" In case a judge shall have made an order in the vaca-
tion for the return o• any wt i• issued by the authority of the
Act, or any unit of ca. sa. ft. fa. or elegit, on any day in
the vacation, and such order shall have been duly served,
but obedience b ball not have been paid thereto, end the
same shall have been made a rule of Court in the term then
next following, it shall not be necessiry to serve such rule
of Court, or to make any fresh demand of performance
thereon, but an attachment shall issue forthwith for dis-
obedience of such order, whether the thing required by
such order shall or shall not have been done in the mean
time.

" If an attorney shall declare that any writ of summons
or writ of capias, upon which his name is endorsed, was
not imsue,l by him, or with his authority or privity, all
proceedings upon the same shall be stayed until further
notice.

" Every declaration shall in future be entitled in the
proper Court, and of the day of the month and year on
which it is Sled or delivered. The declaration to state
the precise mode of proceeding, whether after summons,
after arrest, where the party is not in custody. Where
the party is in eusmdy, after the arrest of one or more de-
fend,nt or defendants, and where one or mole other de-
fendant or defendants shall have been served only, and not
arrested.
" The entry of pledges to prosecute (John Doe and
Richard Roe), at the conclusion of the declaration shall
in fu ure be discontinued.
" In the Court of Common Pleas, at Lancaster, pro-
ceedinzs also are hastened by writs of inquiry, &c.
" The writs of capias and distringas issued into the

counties of Lincaster.and Durham, are to be directed to

the Gurneedor of the County Palatine of Lancaster, or his
Deputy there, or to the Bishop of Durham, or his Chan-
celkir there.
" The writ of di,tringas directs a distress to be levied
on the goods of a defendant to the amount of 40,4 to
compel his appearance to an action, and in default of his
appearance within eight days, the plaintiff to enter an ap-
pearance, and proc,ed thereon to judgment and execution ;
or, if the def,ndant be subject to outlawry, to cause pro-
ceedings to be taken to outlaw him.
" The writ of couias is a command to the sheriff to ar-
rest a defendant, and in execution thereof he is to deliver a
copy thereof to the defendant ; the writ is to contain a no-
tice, that within eight days after execution the defendant
is to put in special bail to the action, and in default of his
so doing, such proceedings may be had and taken as are
mentioned in the warning thereunder written, or endorsed
thereon. The sheriff is to make an immediate return.
Memorandum to be subscribed to the writ :
"N. B. This writ is to be executed within four ca-
lendar months from the date hereof, including the day of
such date, and not aft. rwards.
" A warning to tie defendant :
" l
0g
00t:ti
writ, or
defendant
ir.orifawa want
t be
defendant, in
g in
bail,b e custody
the
arrestedt
plaintiff
on
h meraeyoned,teain
declare
ihaaed
ril
e
against such defendant before the end of the term next
of er such retainer or arrest, and proceed thereon to judg-
ment amt execution.
"2. If a defendant, being arrested on this writ, shall
have made a deposit of money, according to the statute of
7th and Bth George IV. chap. 71, and shall omit to
enter a common appearance to the action, the plaintiff will
be at liberty to enter a common appearance for the
f. nd int, and proceed thereon to judgment and execution.
" 3. I, a defendant, having given bail on the arrest,
shall omit to put in special hiil as required, the plaintiff
may proceed against the Sheriff, or on the bail-bond.
"4. If a derendant,haviog been served only with this

writ, and not arrested thereon, shall not enter a corn I on
appearance within eight days after such service, the plain-
tiff may enter a common appearance for such defendant,
and proceed thereon to jtriguirnt and execution."

We are greatly rejoiced to have it in our
power to state, from undoubted authority, that the whole
of Sir WALTER :_,COTT s tiers have teen paid. The
creditors met in E tintaiirgh on Monday last, when the re-
m doing stun of 53,0001. was finally settled. The original
debt was 116,3001., of which 63,3001. had been paid off
at Sir WALTER'S death ; the remainder has been arranged
in the following manner;-2;,0001. insurance upon Sir
WALTER'S life, 11..0001. of caw, in hand for woks re-
cently sold, and 20,0001. paid on the part of the family.
Thus, in the period of six short years, this enormous sum
has been actua!iy produced from the workings of one
man's unassisted intellectual powers !—a fact in the
history of literature of which there is no example in past
times, and probably never will be again.—Hampshire
Telegraph.

A spirited subscription is now in progress in
the neighbourhood of Melrose and A+.botsford, for the
purpose of erecting ;I monument to the memory of Sir
WALTER Scow. It is proposed to build ►he monument
on the top ot the Eildon H►lls (the Trimontium ,if Agri-
oda). From the conical peak, 1330 feet above the level
of the sea, one of the most picturesque and commanding
in the south of Scotland, it will be seen from thirteen
counties. A more appropriate site c uld not be select d,
situ ited in the same parish, and skirting the estate of
Abbotsford. From this point the seen, ry of the Abbot,
Monastery, Bride of Lammermoor, St. Ronan's Well,
Black Dwarf, Guy Mannerin:2, RAgautitlet, and the nu-
►nereus sk►rmishes immortalized in the Minstrelsy of the
Scottish Border, can be distinctly traCed..:—Edinburgh
Evening Courant.

N