the distringas, or habeas corpora, without for judgment.

JUDGMENT AS IN CASE OF NONsuit.

any rule

68. A rule nisi for judgment as in case of a nonsuit may be obtained on motion without previous notice, but in that case it shall not operate as a stay of proceedings.

69. No motion for judgment as in case of a nonsuit shall be allowed 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 plaintiff to pay the costs of not proceeding to trial, but the payment of such costs shall not be made a condition of discharging the rule.

70. 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.

71. No trial by proviso shall be allowed in the same term in which the default of the plaintiff has been made, and no rule for a trial by proviso shall be necessary.

WARRANT OF ATTORNEY AND COGNOVIT.

72. No warrant of attorney to confess judgment, or cognovit actionem, given by any person in custody of a sheriff or other officer upon mesne process shall be of any force, unless there be present 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 war

rant 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.

73. 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.

COSTS.

74. No costs shall be allowed on taxation to a plaintiff, upon any counts or issues upon which he has not succeeded; and the costs of all issues found for the defendant shall be deducted from the plaintiff's costs.

EXECUTION.

75. It shall not be necessary that any writ of execution should be signed; but no such writ shall be sealed till the judgment paper, postea or inquisition, has been seen by the proper officer.

76. A writ of habere facias possessionem may be sued out without lodging a præcipe with the officer of the court.

77. In actions commenced by bill a ca. sa. to fix bail shall have eight days between the teste and return, and in actions commenced by original fifteen, and must in London and Middlesex be entered four clear days in the public book at the sheriff's office.

SCIRE FACIAS.

78. A plaintiff shall not be allowed a rule to quash his own writ of scire facias, after a defendant has appeared, except on payment of costs.

79. A scire facias to revive a judgment more than

ten years old, shall not be allowed without a motion for that purpose in term, or a judge's order in vacation, nor if more than fifteen without a rule to show

cause.

80. A scire facias upon a recognizance taken in Serjeant's Inn, or before a commissioner in the country, and recorded at Westminster, shall be brought in Middlesex only, and the form of the recognizance shall not express where it was taken.

81. No judgment shall be signed for non-appearance to a scire facias without leave of the court or a judge, unless the defendant has been summoned; but such judgment may be signed by leave after eight days from the return of one scire facias.

82. A notice in writing to the plaintiff, his attorney or agent, shall be a sufficient appearance by the bail or defendant on a scire facias.

ERROR.

83. A writ of error shall be deemed a supersedeas from the time of the allowance.

84. To entitle bail to a stay of proceedings pending a writ of error the application must be made before the time to surrender is out.

SUPERSEDEAS.

85. The plaintiff shall proceed to trial, or final judgment against a prisoner within three terms inclusive after declaration, and shall cause the defendant to be charged in execution within two terms inclusive after such trial or judgment; of which the term in or after which the trial was had shall be reckoned one.

86. The marshal of the King's Bench prison and the warden of the Fleet shall present to the judges of the courts of King's Bench, Common Pleas, and Exchequer, in their respective chambers at West

minster, within the first four days of every term, a list of all such prisoners as are supersedeable; showing as to what actions and on what account they are so, and as to what actions (if any) they still remain not supersedeable.

87. If by reason of any writ of error, special order of the court, agreement of parties, or other special matter, any person detained in the actual custody of the marshal of the King's Bench prison or warden of the Fleet, be not entitled to a supersedeas or discharge to which such prisoner would according to the general rules and practice of the court, be otherwise entitled, for want of declaring, proceeding to trial or judgment or charging in execution, within the times prescribed by such general rules and practice, then and in every such case the plaintiff or plaintiffs at whose suit such prisoner shall be so detained in custody, shall with all convenient speed give notice in writing of such writ of error, special order, agreement, or other special matter, to the marshal or warden, upon pain of losing the right to detain such prisoner in custody by reason of such special matter; and the marshal or warden shall forthwith after the receipt of such notice cause the matter thereof to be entered in the books of the prison, and shall also present to the judges of the respective courts from time to time a list of the prisoners to whom such special matter shall relate, showing such special matter together with the list of the prisoners supersedeable.

88. All prisoners who have been or shall be in the custody of the marshal or warden for the space of one calendar month after they are supersedeable, although not superseded, shall be forthwith discharged out of the King's Bench or Fleet prison as to all such actions in which they have been or shall be supersedeable.

89. The order of a judge for the discharge of a prisoner on the ground of a plaintiff's neglect to declare, or proceed to trial or final judgment or execution in due time, may be obtained at the return of one summons served two days before it is returnable, such order in town causes being absolute, and in country causes unless cause shall be shown within four days or within such further time as the judge shall direct.

90. A rule or order for the discharge of a debtor who has been detained in execution a year for a debt under twenty pounds may be made absolute in the first instance, on an affidavit of notice given ten days before the intended application, which notice may be given before the year expires.

ATTORNEY AND HIS BILL.

91. An order to deliver or tax an attorney's bill may be made at the return of one summons, the same having been served two days before it is returnable.

92. One appointment only shall be deemed necessary for proceeding in the taxation of costs or of an attorney's bill.

93. 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.

MISCELLANEOUS.

94. It shall not be necessary that a pluries capias be stamped by the clerk of the warrants to authorize the exigenter to make out an exigent.

95. In order to charge a defendant in execution