The Sun.
London, England, 1832-02-02 00:00:00

PLEA, AND TIME FOR.

A demand of plea may be made at the time when the de-
claration is delivered, and may be endorsed thereon.
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.

If the declaration be filed or delivered so late that the de-
fendant 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.
The defendant shall not be at liberty to wave his plea with-
out leave of the Court or a Judge.
PARTICULARS.

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.
A defendant shall be allowed the same 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 AND RULES, AND SERVICE THEREOF.
Where the residence of a defendant is unknown, notice of
declaration may be stuck up in the office, but not without pre-
vious leave of the Court.

Service of rules and orders, and notices, if made before nine
at night, shall be deemed good, but not if made after that hour.
It shall not be necessary to the regular service of a rule that
the original rule should be shown, unless sight thereof be de-
manded, excepin cases of attachment.
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.
A rule to reply may be given at any time when the office
is open.

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.
In all cases in which money may be paid into Court, leave to
pay in may be obtained by a side bar-rule.
On payment of money into Court, the defendant shall under.

take by the rule to pay the cOste, and in ease Of nOn-PayMeitt,
to suffer the plaintiff either to tisoi-e e3i Ail tittailiment, oh a
proper dettind service of the idle; or to sign filial judgment
for nominal danaigeS.
TRIAL, AND NOTrCE THEREOF.
Notice of trial and in4iiry, and of a continuance of
shall be given in town, bbt 'cotititOrnititid of notice of trial, or
inquiry, May lie given in town or country, unless otherwise or-
dered by the Court or a Judge.
The expression " short notice of trial" shall, in country
causes, be taken to mean four days.
In all cases where the plaintiff in pleading concludes to the
country, the plaintiff's attorney may gre nr!tiltc of ti lal at the
time of delivering yip rephe iticn, of other subsequent pleading,
and in tOse isSifie 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 fbr
want thereof, and forth With give notice Of executing a writ of
inquiry, such notice shall operate from the time that notice of
trial Was given ns Aforesaid; and in all cases where the defen.
dant Lemurs 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 aecept notice of execut-
ing a writ of inquiry on the back of the joinder in demurrer;
and in case the defendant pleads a plea in bet 531 reidiriiier, sec.
to which the plaintiff driturs, 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.
Notice of a trial at bar shall be given to the proper officer of
the Court, before giving notice of trial to the party.
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.
In town causes where the defendant lives within forty mites
of town, two days' notice Of countermand shall be deemed std.
ficient.

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 af.
davit, or motion for that purpose.

NEW TRIAL, MOTION IN ARREST OF JUDG-

MENT, &c,

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 sue-
cessful party, though he succeed on the second.
No motion in arrest Of judgment, or fbr judgment non ob-
stante verdicto, shall be allowed after the expiration of four
days frOin the time of trial, if there be 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.

Judgment for want of a plea after demand may in all cases be
signed at the opening of the office in the afternoon of the day
after that on which the demand was made, but not before.
After the return of a writ of inquiry judgment may be signed
at the expiration of four days from such return, and after a
verdict on nonsuit, on the day after the appearance day of the
return of the distringas, or habeas corpora, without any rule for
judgment.
JUDGMENT AS IN CASE OF NONSUIT. -

A rule nisi for judgment, as in case of a nonsuit, may be ob-
tained on motion without previous notice, but in that case
it shall not operate as a stay of proceedings.
No motion for judgment as in case of a nonsuit shall be al-
lowed after a motion for costs for not proceeding to trial for the
same default, but such costs may be moved for separately,—i. e.
without moving at all for judgment, as in case of a nonsuit, or
after such motion is disposed of; or the Court, on discharging
a rule for judgment, as in case of a nonsuit, may order the plain-
tifFto pay the costs of not proceeding to trial, but the payment of
such Costs shall not be made a condition of discharging the rule.
No entry of the issue shall be deemed necessary to entitle a
defendant to move for judgment as in case of a nonsuit, or to
take the.cause down to trial by proviso.

No trial by proviso shall be allowed in the same term in
which the default of the plaintiffhas been made, and no rule for
a trial by proviso shall be necessary.
WARRANT OF ATTORNEY AND COGNOVIT.

No warrant of attorney to confess judgment, or cognovit
actioneng, given by any person in custody of a Sheriff, or other
officer upon mean process, shall be of any force, unless there
be some attorney on behalf of such person in custody expressly
named by him, and attending at his request to inform him of
the nature and effect of such warrant or cognovit, before the
same is executed, which attorney shall subscribe his name as a
witness to the due execution thereof, and declare himself to be
attorney for the defendant, and state that he subscribes as such
attorney.

Leave to enter up judgment on a warrant of attorney, above
one and under ten years old, must be obtained by a motion in
term, or by order of a judge in vacation : and if ten years old or
more, upon a rule to show cause.