JURY PROCESS, JURIES, AND VIEW.

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75. That sections 104 to 115, both inclusive, of the Common Law Procedure Act, 1852, together with the rules 44 to 49, both inclusive, GENERALES. of Hilary Term, 1853, where applicable, shall extend and be adapted and applied to suits on the Revenue side of the Court.

AS TO ADMISSION OF DOCUMENTS.

76. The several provisions and enactments of the sections 117, 118, and 119 of the Common Law Procedure Act, 1852, together with rules 29 and 30 of Hilary Term, 1853, shall, so far as they may be applicable, extend and apply to cases on the Revenue side of the Court.

77. No subpoena for the production of an original record shall be issued unless a rule of Court or the order of a Judge shall be produced to the officer issuing the same, and filed with him, and unless the writ shall be made conformable to the description of the document in such rule or order.

78. All depositions of witnesses taken under the order of a Judge, Rule of Court, or Writ of Commission shall be returned to and filed in the Queen's Remembrancer's office.

WITHDRAWAL OF PLEA, AND CONFESSION.

79. A defendant may, at any time before trial, withdraw his plea by delivering such withdrawal to the solicitor of the department, after which the Crown may immediately enter judgment, and issue process thereupon. When the Crown signs judgment, in addition to filing the information, the withdrawal of the plea must also be filed.

80. Where defendant confesses the information or scire facias, such confession, as well as the information or scire facias, is to be filed at the time of signing judgment.

COSTS.

81. One day's notice of taxing costs, together with a copy of the bill of costs, and affidavit of increase (if any), shall be given to the solicitor of the department or attorney of the party whose costs are to be taxed by the other party or his attorney, in all cases where a notice to tax is necessary.

82. One appointment only shall be deemed necessary for proceeding in the taxation of costs.

83. Notice of taxing costs shall not be necessary in any case where the defendant has not appeared in person or by attorney.

84. The costs of the day for not proceeding to trial may be obtained by a side bar rule on affidavit.

85. When issues in law and fact are raised, the costs of the several issues, both in law and fact, will follow the judgment or finding, and if the party entitled to the general costs of the cause obtains a verdict on any material issue, he will also be entitled to the general costs of

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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.

86. On all rules and orders of the Court or Judge, where costs are directed to be paid to the Crown, a certificate shall be granted by the Queen's Remembrancer of the costs allowed, and on default of payment the solicitor of the department may sue out a subpoena for the payment of such costs, and on an affidavit of service thereof, and demand made and nonpayment, a fiat for an attachment may be granted.

JUDGMENTS.

87. Judgments may be signed either in term or vacation, and shall be entered of the day, month, and year (whether in term or vacation), when signed, and shall not have relation to any other day, but it shall be competent for the Court or a Judge to order a judgment to be entered nunc pro tunc.

88. All judgments after trials at nisi prius or at bar may be signed and execution issued thereon in 14 days, and in cases of claim such writ or order as may be applicable may also issue in the like period, unless the Judge or Court who tried the cause, or some other Judge or the Court, shall order execution to issue against the defendant, or, in case of claim such writ or order as aforesaid, at an earlier or later period with or without terms.

89. It shall not be necessary before issuing execution on any judgment whatever, to enter the proceedings on the roll, but a judgment adapted to the particular case, according to the forms in Schedule B., is to be filed on parchment in the Queen's Remembrancer's office, by the party entitled to the same, and shortly entered in the judgment book, except in cases when the judgment roll is required by the party, or ordered by a Judge to be carried in, when a complete copy of the proceedings must be filed in the Queen's Remembrancer's office, for the purpose of being enrolled therein, and the same shall be enrolled by the proper officer.

90. On default of pleading after appearance, judgment may be signed, and execution issue forthwith.

91. In cases of error, where the proceedings are to be enrolled, the copy of such proceedings shall be filed at the Queen's Remembrancer's office, by plaintiff in error, within six days after delivering to the Queen's Remembrancer the memorandum alleging that there is error. For Introductory Words of a Judgment after Verdict when the Roll is carried in, see Form 5, Schedule C.

WRIT OF INQUIRY IN RESPECT OF PROFITS OR UNLIQUIDATED
DAMAGES.

92. When the claim of the Crown is in respect of profits or unliquidated damages, and the Crown is entitled to sign judgment by default, either for non-appearance or otherwise, the judgment (except

as hereinafter mentioned) shall be interlocutory, and thereupon a writ of inquiry in Form No. 13, Schedule A., may issue to assess the profits or damages as on the Common Law side of the Court, and ten days notice of the inquiry shall be given to the defendant's attorney, if he has appeared by attorney, or to the defendant, if otherwise; but final judgment shall not be signed until four days after the writ of inquiry and inquisition has been filed if the return of the writ is past, if not, four days after such return shall have taken place; provided that in such cases where the Crown elect to apply to the Court to impose a fine, the judgment may be final, as heretofore.

WRIT OF EXECUTION.

93. Upon any judgment in intrusion for the removal of persons intruding on the Queen's possession of lands or premises and for costs, there may be either one writ or separate writs of execution for such removal, and for the costs, at the election of the Attorney General, and the form of the writ or writs for such purposes may be in Form 10, in Schedule A. hereto annexed.

94. No writ of execution shall be issued until judgment has been signed.

95. Every writ of execution for the recovery of any debt, penalty, or sum of money shall be endorsed with a direction to the sheriff or other officer or person to whom the writ is directed, to levy only the money really due and payable, and sought to be recovered under the judgment.

96. After judgment for the Crown upon any claim, a writ of execution may issue for the costs, in addition to the writ applicable to the property relating to such claim.

PROCEEDINGS IN ERROR.

97. Either party alleging error in law may deliver to the Queen's Remembrancer a memorandum in writing, in the form contained in the Schedule (C.) to these rules annexed, Form [6], or to the like effect entitled "In the Exchequer and suit," and signed by the party or his attorney, alleging that there is error in law in the record and proceedings, whereupon the Queen's Remembrancer shall file such memorandum, and deliver to the party lodging the same a note of the receipt thereof; and a copy of such note, together with a statement of the grounds of error intended to be argued, may be served on the solicitor of the department or attorney in the cause, as the case may be. Proceedings in error in law shall be deemed a supersedeas of execution from the time of the service of the copy of such note, together with the statement of the grounds of error intended to be argued, until default in putting in bail or an affirmance of the judgment, or discontinuance of the proceedings in error, or until the proceedings in error shall be otherwise disposed of without a reversal of

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the judgment; provided always, that if the grounds of error shall appear to be frivolous, the Court or a Judge upon summons may order execution to issue.

98. Upon any judgment hereafter to be given for the Crown on the Revenue side of the Court in any suit, including intrusion, except on special verdict, special case, or bill of exceptions, execution shall not be stayed or delayed by proceedings in error or supersedeas thereupon, without the special order of the Court, or a Judge, or consent of Attorney General, unless the person in whose name such proceedings in error be brought be bound with two, or, by leave of the Court or a Judge, more than two, sufficient sureties, shall, within four clear days after lodging the memorandum alleging error, or after the signing of the judgment, whichever shall last happen, or before execution executed, be bound unto Her Majesty, Her heirs or successors, by recognizance of bail, to be acknowledged in this Court, in double the sum adjudged to be recovered by the said judgment (except in case of a penalty, and in case of a penalty in double the sum really due, and double the costs, and in cases of intrusion double the yearly value of the property and double the costs recovered by the judgment), to prosecute the proceedings in error with effect, and also to satisfy and pay (if the said judgment be affirmed, or the proceedings in error be discontinued by the plaintiff therein) all and singular the sum or sums of money and costs adjudged or to be adjudged upon the former judgment, and all costs and damages to be also awarded for the delaying of execution; provided always, that the Court or a Judge may direct any other form of security to be given, and to such amount as may seem to the Court or a Judge sufficient, or may order money to be paid into Court in such manner and to such amount as may be deemed sufficient.

99. The assignment of and joinder in error in law shall not be necessary or used, and instead thereof a suggestion to the effect that error is alleged by the one party and denied by the other, may be entered on the judgment roll, in the form contained in Schedule (C.) to these rules annexed, Form (7), or to the like effect.

100. The roll shall be made up and the suggestion last aforesaid entered by the plaintiff in error within 10 days after the service of the note of the receipt of the memorandum alleging error, or within such other time as the Court or a Judge may order; and, in default of such suggestion, the defendant in error shall be at liberty to sign judgment of non pros.

101. The several provisions contained in the 154th, 155th, 156th, and 157th sections of the Common Law Procedure Act, 1852, where applicable, shall extend and be applied in like cases on the Revenue side of the Court.

102. Either party alleging error in fact may deliver to the Queen's Remembrancer a memorandum in writing, in the form contained in the Schedule (C.) to these rules annexed, Form (8), or to the

like effect intituled "In the Exchequer and Suit," and signed by the party or his attorney, alleging that there is error in fact in the proceedings, together with an affidavit of the matter of fact in which the alleged error consists; whereupon the Queen's Remembrancer shall file such memorandum and affidavit, and deliver to the party lodging the same a note of the receipt thereof; and a copy of such note and affidavit may be served on the opposite party or his attorney; and such service shall have the same effect, and the same proceedings may be had thereafter as heretofore had after the service of the rule for allowance of a writ of error in fact.

103. The several enactments and provisoes contained in the Common Law Procedure Act, 1852, sections 159 to 166, both inclusive, shall, so far as the same are applicable, extend and be applied to like proceedings in error on the Revenue side of the Court.

104. The sureties in cases of bail in error are to be approved of by the solicitor of the department, in like manner as on a capias, but if the bail piece cannot be completed in four days, as mentioned in Rule 98, further time may be applied for to a Judge.

105. After suggestion in error has been entered on the roll, either party may set the cause down with the Queen's Remembrancer four clear days before the day appointed for arguing errors from the Exchequer ; and four clear days before such day of argument the plaintiff in error must deliver paper books to the Judges of the Court of Queen's Bench, and the defendant in error must deliver paper books to the Judges of the Court of Common Pleas. Whoever sets down the cause must give immediate notice to the other party that he has done so,

CLAIMS.

106. All claims under extents, diem clausit extremum, indentures of appraisement, or transcript of writs and inquisitions, shall be entered on the respective records, and also in the Claim Book. If part only of property be claimed, the unclaimed part thereof may be dealt with in the same manner as if there had been no claim.

107. Claim may be entered at any time before process issued, or order obtained for realizing the property returned into Court.

NEW TRIALS.

108. In every rule nisi for a new trial, or to enter a verdict or nonsuit, the grounds upon which such rule shall have been granted shall be shortly stated therein.

109. 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 successful party, though he succeed on the second.

PLEADING TO ESTREATED RECOGNIZANCES.

110. When application is to be made to the Court or a Judge by any party seeking to be relieved from his estreated recognizance the

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