And when any defendant shall be brought up for sentence after judgment by default, the prosecutor's affidavits shall be first read, then the defendant's affidavits shall be read, after which the counsel for the prosecution shall be heard, and lastly the counsel for the defendant.

If no affidavits shall be produced, the counsel for the defendant shall be first heard, and then the counsel for the prosecutor.

Hil. 32 G. 3. 1792.

On enlarging Rule Nisi for an Information, Defendant to undertake to appear and plead and file Affidavits a week before the Term to which the Rule is enlarged.

Doubts having arisen as to the terms on which a rule nisi for a criminal information should be enlarged from one term to another; the court directed enlarged rules for the future to be drawn up in the following form.

The King against

It is ordered, that the- day of the next term be peremptorily further given to the defendant to show cause why an information should not be exhibited against him for certain misdemeanors, upon the undertaking of the said defendant, in case such information shall be granted, to appear thereto immediately; and that unless he shall plead within four days next after the information shall be filed, the prosecutor may sign judgment as for want of a plea. And it is further ordered, that all affidavits to show cause be filed a week before the next term.

Mich. 34 G. 3. 1793.

Interrogatories on Attachments.

Whereas it sometimes happens that persons against whom attachments have been ordered by the court, escape the punishment due to their offences, in consequence of the insufficiencies of the interrogatories exhibited to them; And whereas it is essential to the due administration of justice that interrogatories should be so framed as to procure a full, fair, and boná fide investigation of the whole subject of alleged criminality: It is ordered, that for the future, all interrogatories filed and exhibited in consequence of any rule or order of the court, shall be signed by counsel.

HILARY TERM, 1844.

Rules, Orders, and Regulations, made by the Lord Chief Justice and Judges of the Court of Queen's Bench, for the issuing, returning, and filing of Writs, and other matters and things relating to the Practice and general Business to be transacted on the Crown-Side of the said Court, pursuant to the Statute 6 Vict. c. 20.

1. The Queen's Coroner and Attorney, and Master on the Crown side, shall have the care and custody of the Records and other proceedings on the Crown side of the said Court.

2. Every Writ issued on the Crown side of the Court, shall be prepared and ingrossed by the Attorney or party suing out the same; and the name and address of such Attorney or party suing out the same shall be endorsed thereon; and every such Writ shall, before the issuing thereof, be sealed with a Stamp, to be provided for that purpose, and kept at the Crown-Office, and an entry of every such Writ, together with the name and address of the Attorney or party issuing the same, shall be made in a book to be kept at the Crown-Office for that purpose. 3. Every Writ of Certiorari, Subpoena, Habeas Corpus ad Subjiciendum, and Habeas Corpus ad Respondendum, shall be tested as of the day on which it is actually issued; and every Writ of Certiorari and Habeas Corpus, if issued in Term, shall be made returnable immediately, before the Queen at Westminster, and if issued in Vacation, shall be made returnable immediately, before a Judge at Chambers, or on a day certain in the ensuing Term, before the Queen at Westminster, unless otherwise ordered.

4. Every Writ of Attachment of Contempt shall be tested and made returnable on a day certain in Term, before the Queen at Westminster

5. Every Writ to compel an appearance shall be tested and made returnable on a day certain, either in Term or out of Term; and in case no appearance shall be entered at the end of four days (exclusive of the return-day thereof), further process may issue to compel an appearance, which latter process shall be tested on the return-day of the previous process.

6. Every Writ of Venire facias Juratores shall be tested as of the day on which Issue is joined, or (if there be a continuance, on the day of the last continuance(previous to the award of Distringas Juratores) and shall be made returnable on a day certain, or immediately, before the

Queen, at Westminster, either in the same or the next
Term, as occasion may require.

7. Every Writ of Distringas Juratores shall be tested as of
the day of the return of the Venire facias Juratores,
and shall be made returnable on a day certain in the
next ensuing Term, before the Queen at Westminster.
8. Every Writ of Mandamus shall be tested and made return-
able on a day certain, before the Queen, at Westminster,
and there shall be eight days at least between the teste
and return of every such Writ of Mandamus, where the
Act required to be done is in London or within forty
miles thereof, and fourteen days in all other cases.
9. Every Writ issued for the purpose of Outlawry, shall be
issued and tested, and made returnable, in such manner
as is required by the several statutes made and now in
force in that behalf.

10. Every Writ of Execution may be tested as of the day on which it actually issues, and may be made returnable either on a day certain in Term, or immediately after the execution thereof; and the party suing forth the same shall endorse thereon the place of abode and addition of the party against whom the same is issued, or such other description of him as such party suing out such Writ may be able to give.

11. Every Writ issued on the Crown side of the Court, and returnable in the said Court, or before a Judge thereof, shall (together with the return made thereto) be filed (according to the exigency of such Writs respectively) on or before the return thereof; and such Writs as are made returnable before a Judge, together with the return made thereto, and the Judge's Order (if any) made thereon, or a copy thereof, shall be transmitted to the Crown-Office by the Clerk of such Judge, and filed there, as soon as the Judge shall have made such Order, or exercised his discretion thereon.

Except only that every Writ of Certiorari to remove Inquisitions, Examinations, and Depositions, taken before a Justice of the Peace or Coroner, on the commitment of any person charged with any Felony or Misdemeanor, shall, on or before the return thereof, be delivered by the party to whom the same shall be directed at the Crown-Office, in case the same shall be returnable in Court, or at the Judges' Chambers, in case the same shall be returnable before a Judge; and every such Writ, together with the return made thereto, as soon as the Court or Judge shall have exercised his or their discretion thereon, shall be forthwith transmitted to the Clerk of Assize or Clerk of the Peace (as the case may require) of the County, Borough, or Place

in which the alleged offence may appear to have been committed. 12. A Side-Bar Rule to return a Writ on the Crown side may

be obtained according to former practice, without any actual Motion for the same, which shall require such return to be made within four days next after service of such Rule, if served in London or Middlesex, or within eight days in all other cases.

13. It shall not henceforth be necessary to make any Motion to file any Writ or other proceeding returned into the said Court, but the same shall be filed at the CrownOffice without any Rule first granted for that purpose. 14. Copies of all Informations, Indictments, or Presentments, and of all pleadings thereupon, and of Mandamus, and Return and Traverse, or other pleadings thereupon, and of Convictions, Orders, Scire Facias, or Issues out of Chancery, and every other proceeding filed on the Crown side of the said Court, shall, when required, be made at the Crown-Office, and delivered to the respective parties, or other persons requiring the same, excepting copies of Indictments, and other proceedings in Felony, which shall be delivered to the Prosecutor or his Attorney only, unless an Order be made by Her Majesty's AttorneyGeneral for the delivery of such Copy to any other person.

15. The appearance of every Defendant in any Prosecution or Suit on the Crown side of the Court, shall be entered in a Book to be kept for that purpose at the CrownOffice, which shall state whether the Defendant appears by Attorney or in person, and if by Attorney, shall specify the name and address of such Attorney, and there shall be made in the same Book, from time to time, an entry of the several proceedings had and taken in such Prosecutions and Suits respectively, with the correct date thereof.

16. One Side-Bar Rule to plead, only, shall henceforth be given in all cases on the Crown side (and it shall not be necessary to give any peremptory Rule), such Rule shall be drawn up and served as well in Term as in Vacation, and shall expire in ten days next after service thereof, except in cases of Quo Warranto, when the same shall expire in eighteen days.

17. One Side-Bar Rule, only, to reply, rejoin, join in Demurrer or in Error, shall henceforth be given, which shall be drawn up and served (and no peremptory Rule given thereon); and such last-mentioned Rules shall in all cases expire in four days next after service thereof, except Rules to join in Error or join in Demurrer to Indictment, which shall expire in eight days.

C

18. In case no Plea, Replication, Rejoinder, Joinder in Demurrer, Joinder in Error, or other Pleading, shall be entered, on the expiration of the time limited by such Rule, Judgment as for want of such pleading may be signed at the opening of the office on the next following morning, unless any Order of the Court or of a Judge, extending such time, shall have been obtained and served; and in such case, judgment shall not be signed until the day after the expiration of the time granted by such order.

19. In all cases of judgments required to be signed on verdicts given at Nisi Prius, the Postea shall be produced at the Crown-Office, and Judgment shall, in four days next after the Return of the Distringas (or at any subsequent time), be marked thereon by one of the Masters or the Assistant-Master, unless a Rule shall have been obtained for a new Trial, or to enter judgment non obstante Veredicto, or to arrest Judgment in cases wherein such Rules may by the practice of the Court be obtained. 20. It shall not henceforth be necessary to give any Rule for Judgment.

21. In all cases of Orders removed into this Court from an

inferior Jurisdiction, the same shall be put into the Crown Paper for Argument upon a Rule to show cause why such order should not be quashed.

In all other cases the Conviction or other Proceedings intended to be argued shall be put into the Crown Paper on a Rule for a Concilium, which Rule shall specify the day on which the case will be put into the Paper for argument, and shall be drawn up and served six days at least before such day within forty miles of London, and eight days in all other cases.

22. In all cases entered for argument in the Crown Paper, the Prosecutor or his Attorney shall deliver a paper Book of the Proceedings to each of the two senior Judges of the Court, and the Defendant or his Attorney shall in like manner make and deliver a paper Book to the third and fourth Judges of the said Court respectively, two days before the day on which the case will be put in the Paper for argument, and such several paper Books shall in all cases (except where a Special Case is reserved for the Opinion of the Court) contain in the margin thereof, or appended thereto, and to be delivered therewith, the points intended to be argued, but shall not contain any other observation or matter than such points for argument, together with copies of the proceedings, and a Copy of the Rule Nisi to quash, or for a Concilium; and Judgment shall be given by the Court against the party neglecting to deliver paper Books to