Hilary Term, 3 William IV. 1833. IT IS ORDERED, That in case a rule of Court, or Judge's order for returning a bailable writ of capias shall expire in vacation, and the sheriff or other officer having the return of such writ, shall return cepi corpus thereon, a judge's order may thereupon issue, requiring the sheriff or other officer within the like number of days after the service of such order, as by the practice of the Court is prescribed with respect to rules to bring in the body issued in term, to bring the defendant into Court by forthwith putting in and perfecting bail above to the action; and if the sheriff or other officer shall not duly obey such order, and the same shall have been made a rule of Court in the term next following, it shall not be necessary to serve such rule of Court or to make any fresh demand thereon, but an attachment shall issue forthwith for disobedience of such order, whether the bail shall or shall not have been put in and perfected in the meantime. T. DENMAN. J. PARKE. W. BOLLAND. Trinity Term, 3 William IV. 1833. REG. I. IT IS DECLARED and orderED, That in all cases in which a defendant shall have been or shall be detained in prison on a writ of capias or detainer, under the statute 2 Will. 4th, cap. 39, or being arrested thereon, shall go to prison for want of bail, and in all cases in which he shall have been, or shall be rendered to prison before declaration on any such process, the plaintiff in such process shall declare against such defendant before the end of the next term after such arrest or detainer, or render, and notice thereof, otherwise such defendant shall be entitled to be discharged from such arrest or detainer, upon entering an appearance according to the form set forth in the aforesaid statute 2 Will. 4th, cap. 39, schedule No. 2; unless further time to declare shall have been given to such plaintiff by rule of Court or order of a Judge. T. DENMAN. J. PARKE. W. BOLLAND. REG. II. It is ordered, That from the present day, in all actions against prisoners in the custody of the marshal of the Marshalsea, or of the warden of the Fleet, or of the sheriff, the defendant shall plead to the declaration at the same time, in the same manner, and under the same rules as in actions against defendants who are not in custody. T. DENMAN. J. PARKE. REG. III. IT IS ORDERED, That from and after the tenth day of July next, where the plaintiff proceeds by action of debt on the recognizance of bail in any of the Courts at Westminster, the bail shall be at liberty to render their principal at any time within the space of fourteen days next after the service of the process upon them, but not at any later period; and that upon such render being duly made, and notice thereof given, the proceedings shall be stayed upon payment of the costs of the writ and service thereof only. T. DENMAN. J. PARKE. W. BOLLAND. Hilary Term, 4 William IV. 1834. PRACTICE. IT IS ORDERED, That from and after the first day of Easter term next inclusive, the following rules shall be in force in the Courts of King's Bench, Common Pleas, and Exchequer of Pleas, and Courts of Error in the Exchequer Chamber. 1. No demurrer, nor any pleadings subsequent to the declaration, shall in any case be filed with any officer of the Court, but the same shall always be delivered between the parties. 2. In the margin of every demurrer, before it is signed by counsel, some matter of law intended to be argued, shall be stated; and if any demurrer shall be delivered, without such statement, or with a frivolous statement, it may be set aside as irregular by the Court or a Judge, and leave may be given to sign judgment as for want of a plea. Provided that the party demurring may, at the time of the argument, insist upon any further matters of law, of which notice shall have been given to the Court in the usual way. 3. No rule for joinder in demurrer shall be required, but the, party demurring may demand a joinder in demurrer, and the opposite party shall be bound, within four days after such demand, to deliver the same, otherwise judgment. 4. To a joinder in demurrer, no signature of a serjeant or other counsel shall be necessary, nor any fee allowed in respect thereof. 5. The issue or demurrer book shall on all occasions be made up by the suitor, his attorney or agent, as the case may be, and not as heretofore by any officer of the Court. 6. No motion or rule for a concilium shall be required; but demurrers, as well as all special cases, and special verdicts, shall be set down for argument, at the request of either party, with the Clerk of the Rules in the King's Bench and Exchequer, and a Secondary in the Common Pleas, upon payment of a fee of one shilling, and notice thereof shall be given forthwith by such party to the opposite party. 7. Four clear days before the day appointed for argument, the plaintiff shall deliver copies of the demurrer book, special case, or special verdict, to the Lord Chief Justice of the King's Bench or Common Pleas, or Lord Chief Baron, as the case may be, and the Senior Judge of the Court in which the action is brought; and the defendant shall deliver copies to the other two Judges of the Court next in seniority; and in default thereof by either party, the other party may, on the day following, deliver such copies as ought to have been so 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 Clerk of the Rules in the King's Bench and Exchequer, or the Secondary in the Common |