action book, and may be enforced in the same manner as any other order of the Court, and when such person pays the money so ordered, he shall not be liable for any costs. Such payment shall be entered in the action book, and a receipt shall be given for the same to the person paying the same, which shall be a sufficient discharge and acquittance for such amount as between the person paying and the judgment debtor.

209. A plaintiff who has not previously lodged such statement as required by Rule 207, and who has obtained a judgment or order for the recovery and payment of money, or a defendant who has obtained such judgment against the plaintiff, may at any time lodge with the Registrar an affidavit that the judgment or order is unsatisfied, and that a third person (hereafter alluded to as the garnishee) is indebted to the judgment debtor, and is within the jurisdiction of the Court as regards such debt, and the Registrar shall thereupon issue a summons to the garnishee at the suit of the judgment creditor for the amount due by the garnishee to the judgment debtor, or such portion of it as may be sufficient to satisfy the judgment or order.

210. The summons shall be personally served on the garnishee, and shall have the effect of preventing his parting with or disposing of any debt due, owing, or accruing from him to the judgment debtor.

211. Where the garnishee shall pay into Court three clear days before the return day of the summons the amount due from him to the judgment debtor, or an amount equal to the judgment or order, he shall not be liable for any costs.

212. Upon the return day of the summons the Court shall determine as to the liability of the garnishee, and as to the party by whom the costs of the proceedings shall be paid, and make an order in accordance with such decision.

New Trial.

213. An application for a new trial or to set aside proceedings may be made at any time within fourteen days of the conclusion of the trial or proceedings which are the subject of the application. The applicant shall serve a notice in writing, signed by himself or his solicitor, upon the Registrar of the Court and the opposite party, stating that an application is intended to be made to the Court on some date not less than five clear days after the service of the notice for a new trial or to set aside proceedings, and setting forth shortly the grounds of the application.

Such notice shall not operate as a stay of proceedings, unless the rt shall so expressly order; and if any money paid into Court

under any execution or order in the action or matter shall not have been paid out at the time of service of the notice, the Registrar shall retain the same to abide the direction of the Court. And if notice be not given as above described, or if the application be not made at the date stated in the notice, no application for a new trial or to set aside proceedings shall be subsequently made unless by leave of the Court, and on such terms as may be just.

214. The Court may in its discretion make it a condition of granting a new trial, that it shall take place before assessors or a jury (according to the powers of the Court), although the former trial was otherwise conducted.

Appeal to Supreme Court.

215. Where an application for leave to appeal is made in a Provincial Court or in the Supreme Court it shall be made by motion in open Court, and if leave is given the appellant shall file his motion-paper of appeal in the Provincial Court within seven days after leave given by the Provincial Court, and within fourteen days after leave given by the Supreme Court, as the case may be.

216. A respondent desiring to appeal against any part of a judgment shall file in the Provincial Court a motion-paper of crossappeal within fourteen days after the service upon him of the motion-paper of appeal.

217. Where a final order has been made, an application for a re-hearing in the Supreme Court shall be made within fourteen days after the making of the final order.

Security.

218.—(1.) In all cases where a party proposes to give a bond by way of security, he shall serve on the opposite party and on the Registrar at his office notice of the proposed sureties in the proper form; and the Registrar shall forthwith give notice to both parties of the day and hour on which he proposes that the bond should be executed, and shall state in the notice to the person in whose favour the security is given that he must at that time be prepared to make any valid objection he may have to the sureties or either of them.

(2.) The sureties shall make an affidavit of their sufficiency whenever the opposite party shall give notice that the same is required.

(3.) The bond shall be executed in the presence of the Court or of the Registrar, and shall be deposited with the Registrar until the cause is finally disposed of.

(4.) No officer of the Court shall, under any circumstances, become surety in any case where by the practice of the Court security is required.

219. Where a party makes a deposit of money in lieu of giving a bond, he shall forthwith give notice to the opposite party of such a deposit having been made.

220. When a foreign plaintiff has made a deposit or given security for costs, he may give notice to the defendant, if successful, to tax costs within a certain time, to be named in such notice, being not less than seven clear days after judgment, and if the defendant fail, without good reason, to send in his bill of costs for taxation by the time named in the notice, the deposit shall be returned to the plaintiff, or the security cancelled.

But the return or cancellation shall not derogate from the right of the defendant to recover such costs from the plaintiff in such manner as may be open to him.

Costs.

221.-(1.) All costs shall be taxed by the Registrar, subject to revision by the Court.

(2.) On receipt of the bill of costs of the party entitled thereto the Registrar shall fix a day for taxation, and give notice thereof to the parties.

(3.) At the appointed time the Registrar shall proceed to tax the costs according to the Rules and the Schedules of costs, setting down in the column reserved for that purpose against each item the amount (if any) which he disallows. At the conclusion of the taxation the disallowance column is to be added up, and the sum deducted from the original amount of the bill; the difference so obtained is the sum at which the bill is taxed. The Registrar shall make a Memorandum at the foot of the bill as follows::

"Taxed at £

"A. B.,

"Registrar."

(4.) All bills of costs are to be dated and entitled in the action to which they refer, and are to be distinguished as "plaintiff's costs" or "defendant's costs," as the case may be. They must be ruled on the right-hand side with double money columns, only one of which is to be filled up, the other being reserved for the entry by the Registrar of his disallowance.

222. The costs of witnesses, whether they have been examined or not, may be allowed, though they have not been summoned, unless the Court otherwise orders. In such cases, the Court shall give special directions as to the amounts to be allowed.

223. Money paid into Court on a judgment shall be appropriated first in satisfaction of the Court fees and costs, and afterwards in satisfaction of the original demand.

224.-(1.) Costs of warrants against the goods, whether executed or unexecuted or unproductive, shall be allowed against the party against whose goods the warrant is issued, unless the Court shall otherwise direct.

(2.) On the hearing of a judgment summons, where a warrant against the goods has been issued, the costs of such warrant shall not be allowed against the judgment debtor unless the Court is satisfied that there was a reasonable cause for issuing the warrant.

225. The costs of a judgment summons shall not be allowed against the judgment debtor unless some order shall have been made thereon; but where an order is made on a judgment summons the Court may, in its discretion, allow the costs against the judgment debtor of any previous judgment summonses which have not been served through the judgment debtor having evaded service.

226. Costs of warrants of commitment, whether executed or unexecuted, shall be allowed against the defendant, unless the Court shall otherwise order.

227. No possession fee shall be payable where an execution is paid out at the time of the levy; but if the officer shall necessarily remain in possession more than half-an-hour, and the execution shall be paid out on the day of levy, the possession fee for that day shali be charged.

228. No appraisement is to be made until the fifth day of the Marshal holding possession of the goods under an execution, unless where the goods are of a perishable nature, or are sold at the request of the party before the expiration of four days, or unless the goods are removed.

Practice.

229. Where any party changes his solicitor, he shall give notice in writing of such change to the Registrar, stating the name and place of business of the new solicitor, and the Registrar shall file the notice.

230. Copies of all proceedings or documents to be prepared by the Registrar shall be prepared by him for any party requiring the same, upon prepayment of the costs of such copies.

231. A folio is to comprise seventy-two words-every figure, or uninterrupted group of figures, being counted as one word.

232. Where a party acts by solicitor, service of any proceeding or document upon such solicitor, or delivery of the same at his office, shall be deemed to be good service upon the party for whom the solicitor acts, except in cases where personal service is required.

233. Where a party or his solicitor undertakes a service of any process, he shall make the necessary copies of such process, and deliver them to the Registrar with the amount of the fees payable thereon, and the Registrar shall seal the process and return them to the solicitor for service.

234. Any notice relating to any interlocutory proceedings may, by leave of the Registrar, be served by the party or his solicitor requiring to effect such service; but the costs of such service and the proof thereof shall not be allowed except by the order of the Court.

235. The Court may, upon such terms (if any) as it shall think reasonable, enlarge or abridge any of the times fixed by these Rules for taking any steps, or filing any documents, or giving any notice in any action or proceeding.

236. Where any action is adjourned, no order of adjournment shall be served on either party unless by direction of the Court.

237. When anything required by the practice of the Court to be done by either party before or during the trial has not been done, the Court may, in its discretion, and on such terms as it may think fit, adjourn the hearing to enable the party to comply with the practice.

238. Where it appears to the Court that, from the course of proceedings in any action, the trial cannot be held on the return day of the summons, the Court may postpone the trial until such other day as the state of the proceeding requires, and give notice of such postponement to all parties and persons interested.

239. Where any particulars or other documents are directed to be filed, they shall be filed with the Registrar, together with as many copies thereof as there are parties to be served, and the names, addresses, and description of such parties, and an additional copy for the use of the Court if required.

240. Before any summons, notice, or other document, or any copy thereof, shall be issued by the Registrar, the fees shall be fully paid by the party requiring the same, and the document shall be sealed with the seal of the Court.

241.—(1.) In all cases where anything is required by the rules of practice to be done within a period of twenty-four hours, or within a period of forty-eight hours, no part of Sunday, or any day on which the offices of the Court shall be lawfully closed, shall be included in the computation of such period.

(2.) When the time for doing any act or taking any proceeding expires on a Sunday, or any day on which the offices are closed, and by reason whereof such act or proceeding cannot be taken or done on that day, such act or proceeding shall, so far as relates to the time, be held to be duly done or taken if done or taken on the day on which the offices shall next be open.