ORDER, Dated JUNE 17, 1861, APPROVING RULES FOR THE ABOVE COURT Made by the JUDGE AND CONFIRMED BY THREE JUDGES OF THE SUPERIOR COURTS.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1861/5001 |
| Year | 1861 |
1861 Unnumbered
INFERIOR COURT, ENGLAND
(iii) Derby Borough Court of Record
[See also Order in Council of December 20, 1927, p. 899 above.]
ORDER, DATED JUNE 17, 1861, APPROVING RULES FOR THE ABOVE COURT MADE BY THE JUDGE AND CONFIRMED BY THREE JUDGES OF THE SUPERIOR COURTS.It is ordered that the following Rules shall be in force from the date of the allowance thereof:
Rule I. All Rules heretofore made for regulating the forms and manner of proceeding, the process, practice, and pleadings in this Court are hereby revoked, and the following Rules substituted.
II. The Court shall be holden before the Recorder, or, in his absence, before such person as may be lawfully appointed by him, to be his Deputy in that behalf, as well for the trial of issues of law and of fact, and for hearing special cases, as for all other purposes, within the competency of the Court, four times in each year, on days to be appointed by the Recorder for that purpose, but with no greater interval between the holding of any two successive Courts than four calendar months.
III. Proceedings in the Court may be had and taken on any day except Sunday, Good Friday, Christmas Day, or a public day of thanks-giving or fasting, except where otherwise hereafter expressly provided, and the registrar's office shall be open for business from 10 in the morning to 4 in the afternoon on every day of the week except Saturday and the days above excepted, and on Saturdays it shall be open from 10 in the morning to 2 o'clock in the afternoon.
IV. All writs may be issued, appearances entered, and pleadings filed, and all motions, rules, orders, and affidavits, and all other matters and things (except the trial of issues in fact or in law), in anywise relating to the business of the Court, may be made, heard, sworn, or done, by and before the registrar at his office, except such things as are required to be done in Court, either by these Rules or by any law or statute, or unless otherwise specially ordered by the Judge or his Deputy.
V. Every writ shall bear date the day on which the same is issued, whether it be a Court day or not, and shall be in the Queen's name, and be tested in the name of the Recorder.
VI. Every writ of summons shall contain the names of all the defendants, if more than one, in the action, and shall not contain the name or names of any defendants or defendant in more actions than one.
VII. All actions and plaints shall be entered upon record with the registrar, and upon the first proceedings being taken in any cause by either party, the name and place of business of plaintiff's attorney shall be entered by such attorney, as such attorney, at full length, in a book to be kept at the office of the registrar of the Court, called the appearance book, and for every writ sued out by an attorney, a warrant or retainer to sue or prosecute, and in every case a praecipe shall be filed with the registrar of the Court.
VIII. A writ of summons shall be in force for six calendar months from the date thereof, including the day of such date, and no longer, but every such writ may, if any defendant therein named may not have been served therewith, be renewed at any time before its expiration, for six months from the date of such renewal, and so, from time to time, during the currency of the renewed writ, in like manner as is prescribed by the eleventh section of the Common Law Procedure Act, 1852.
IX. Every plaintiff not being a householder, or not permanently residing or carrying on a trade or business within the jurisdiction of this Court, shall, before issue joined upon a Rule or Order for that purpose, obtained at the instance of the defendant (to be made upon a Rule to show cause served upon the plaintiff or his attorney), give security for costs to the satisfaction of the said registrar, on such further day, not exceeding one week, as the said registrar shall for that purpose appoint, otherwise the plaintiff's proceedings in such action shall be stayed.
X. All appearances shall be entered at the office of the registrar by the party or his attorney, in a book to be kept for that purpose.
XI. All declarations, pleas, and other pleadings, shall be filed with the registrar of the Court, and notice thereof given to the opposite party or his attorney, within the respective times limited by the Rules and Regulations of the Courts of Common Law at Westminster, for delivery of similar pleadings to parties to suits in those Courts, except so far as otherwise ordered by these Rules.
XII. If defendant shall appear in person and plaintiff shall file a declaration against him, notice of such declaration shall be served on the defendant personally, or left at the place specified for such purpose in his entry of appearance, and in such action all other notices, rules, and orders, not requiring personal service, shall be served in like manner.
XIII. In all cases depending in this Court the defendant or his attorney shall, within eight days from the filing of any...
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