verdict in term, or in case a plaintiff has been nonsuited at a trial in or out of term, judgment may be signed and execution issued thereon in fourteen days, unless the judge who tries the cause, or some other judge, or the court, shall order execution to issue at an earlier or later period, with or without terms.

58. Where issue shall be joined in any cause which is ordered to be tried before the sheriff, or a judge of an inferior court of record, the defendant may at the time when, according to the 101st section of the Common Law Procedure Act, 1852, a defendant might give notice to the plaintiff to bring on an issue to be tried, give twenty days' notice to the plaintiff to bring on the issue to be tried before such sheriff or judge at the court to be holden next after the expiration of such twenty days; and, if the plaintiff neglects to give notice of trial before such sheriff or judge, or to proceed to trial in pursuance thereof, the defendant may proceed, as provided for by the

said 101st section.

COSTS: SETTING OFF DAMAGES OR COSTS.

59. One day's notice of taxing costs, together with a Notice to tax. copy of the bill of costs and affidavit of increase (if any), shall be given by the attorney of the party whose costs

are to be taxed, to the other party, or his attorney, in all cases where notice to tax is necessary.

60. One appointment only shall be deemed necessary One appointfor proceeding in the taxation of costs, or of an attorney's

bill.

61. Notice of taxing costs shall not be necessary in

any case where the defendant has not appeared in person, or by his attorney or guardian.

ment only.

Where defend

ant has not

appeared.

62. When issues in law and fact are raised, the costs Costs of issues. of the several issues both in law and fact will follow the

finding or judgment; and, if the party entitled to the Costs of the general costs of the cause obtain a verdict on any

mate

cause.

1853.

REG. GEN.

Set-off of damages or costs.

rial issue, he will also be entitled to the general costs of the trial; but, if no material issue in fact be found for the party otherwise entitled to the general costs of the cause, the costs of the trial shall be allowed to the opposite party.

63. No set-off of damages or costs between parties shall be allowed to the prejudice of the attorney's lien for costs in the particular suit against which the set-off is sought; provided, nevertheless, that interlocutory costs in the same suit, awarded to the adverse party, may be deducted.

Assignment of

errors.

Proceeding thereon.

Notice of trial.

Setting down for argument.

Delivery of error-books.

ERROR.

64. Within eight days after the filing with the Master of the memorandum of error in fact, required by the Common Law Procedure Act, 1852, the plaintiff in error shall assign error; and, in default, the defendant in error, his executors or administrators, shall be entitled to sign judgment of non pros.

65. No rule to plead to assignment of error in fact, or any other pleadings in error, shall be necessary; but either may give to the opposite party a notice to answer such pleading within four days, otherwise judgment; which notice may be delivered separately, or indorsed on the pleading.

66. Notice of trial, and all other proceedings thereon, shall be the same as in issues joined in an ordinary action.

67. After the suggestion of error in law, alleged and denied as prescribed by the Common Law Procedure Act, 1852, is entered, either party may set down the case for argument, and forthwith give notice in writing to the opposite party, and proceed to the argument thereof as on a demurrer, without any rule or motion for a concilium.

68. Four clear days before the day appointed for

argu

ment, the plaintiff in error shall deliver copies of the judgment-roll of the court below to the judges of the Queen's Bench, on error from the Common Pleas or Exchequer, and to the judges of the Common Pleas on error from the Queen's Bench; and the defendant in error shall deliver copies thereof to the other judges of the Court of Exchequer Chamber before whom the case is to be heard; and, in default by either party, the other party may on the following day deliver such books as ought to have been delivered by the party making default; and the party making default shall not be heard until he shall have paid for such copies, or deposited with the master a sufficient sum to pay for such copies.

1853.

REG. GEN.

69. The costs of proceedings in error shall be taxed Costs in error. and allowed as costs in the cause.

EXECUTION.

roll unneces

70. It shall not be necessary, before issuing execution Entry on the upon any judgment whatever, to enter the proceedings upon any roll.

sary.

obtained.

71. No writ of execution shall be issued till the judg- Execution how ment paper, postea, or inquisition, as the case may be, has been seen by the proper officer, nor shall any writ of execution be issued without a præcipe being filed with the proper officer.

turn of writs of execution.

72. Every writ of execution shall bear date on the Teste and reday on which the same shall be issued, and shall be tested in the name of the Lord Chief Justice or of the Lord Chief Baron of the court from which the same shall issue, or, in case of a vacancy of such office, then in the name of the senior puisne judge of the said court, and may be made returnable on a day certain in term.

73. Every writ of execution shall be indorsed with Indorsements the name and place of abode or office of business of the

thereon.

1853.

REG. GEN.

Capias to outlawry.

To fix bail.

Direction to levy.

attorney actually suing out the same; and, in case such attorney shall not be an attorney of the court in which the same is sued out, then also with the name and place of abode or office of business of the attorney of such court in whose name such writ shall be taken out; and, 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 country shall also be indorsed upon the said writ; and, in case no attorney shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.

74. Writs of capias ad satisfaciendum for the purposes of outlawry on final process, or to fix bail, must be made returnable on a day certain in term, and may be so returnable on any day in term, and it shall be sufficient for either purpose that there be eight days between the teste and return.

75. A writ of capias ad satisfaciendum to fix bail shall have eight days between the teste and return, and must, in London and Middlesex, be entered four clear days in the public book at the sheriff's office.

76. Every writ of execution shall be indorsed with a direction to the sheriff, or other officer or person to whom the writ is directed, to levy the money really due and payable and sought to be recovered under the judgment, stating the amount, and also to levy interest thereon, if sought to be recovered, at the rate of four pounds per centum per annum from the time when the judgment was entered up, or, if it was entered up before the 1st of October, 1838, then from that day; provided that, in cases where there is an agreement between the parties

that more than four per cent. interest shall be secured by the judgment, then the indorsement may be accordingly to levy the amount of interest so agreed.

77. In cases of an assessment of further damages, pursuant to the statute of 8 & 9 William III., it shall be stated in the body of the writ of execution that the sheriff or other officer or person to whom the writ is directed, is to levy interest on the damages assessed, and costs taxed in that behalf, at the rate of four pounds per centum per annum from the day on which execution was awarded, unless execution was awarded before the 1st of October, 1838, and, in that case, from that day.

REVIVOR AND SCIRE FACIAS.

1853.

REG. GEN.

Assessment of damages under 8 & 9 Wm. III.

78. A plaintiff shall not be allowed a rule to quash his Quashing sci. own writ of scire facias or revivor, after a defendant has

appeared, except on payment of costs.

AUDITA QUERELA.

fa.

79. No writ of audita querela shall be allowed, unless Audita querela. by rule of court or order of a judge.

ENTRY OF SATISFACTION ON ROLL.

piece.

80. In order to acknowledge satisfaction of a judgment, Satisfactionit shall be requisite only to produce a satisfaction-piece, in form as hereinafter mentioned; and such satisfactionpiece shall be signed by the party or parties acknowledging the same, or their personal representatives; and such signature or signatures shall be witnessed by a practising attorney of one of the courts at Westminster expressly named by him or them, and attending at his or their request, to inform him or them of the nature and effect of such satisfaction-piece before the same is signed, and which attorney shall declare himself, in the attestation thereto, to be the attorney for the person or persons so signing the same, and state he is witness as