Rules, Dated December 13, 1837, Made by the JUDGE, AND CONFIRMED BY THREE JUDGES OF THE SUPERIOR COURT.

JurisdictionUK Non-devolved
CitationSI 1837/5002

1837 Unnumbered

INFERIOR COURT, ENGLAND

(vi) Newark Court of Record

RULES, DATED DECEMBER 13, 1837, MADE BY THE JUDGE, AND CONFIRMED BY THREE JUDGES OF THE SUPERIOR COURT.

Attorneys

All attorneys of the Superior Courts shall be entitled to be admitted attorneys of this Court, and to have their names entered upon a roll to be kept in the registrar's office for that purpose, upon payment of one shilling.

No person who is not an attorney of this Court shall appear for any party in any action or proceeding in the Court, and upon the first proceeding being taken in any cause by either party, the name and place of business of such attorney shall be entered at full length in a book to be kept at the registrar's office called the appearance book, as the attorney for the said party.

Process

The form of all writs and processes is to be the same as heretofore, except that they are to be made returnable before and tested in the name of the Recorder.

Writs

Writs may be issued on any day, though not a Court day, and shall be tested on the day of issuing, upon which a praecipe shall be filed with the registrar and the day of service or execution thereof shall be endorsed upon the same immediately upon the service or execution thereof, and the same shall be returnable at the next Court day after the service or execution thereof.

Upon every writ (whether serviceable or bailable) for the payment of any debt, the amount of the debt shall be endorsed, and also the amount which the plaintiff's attorney claims for the costs of such writ, arrest, or service; and attending to receive the debt and costs, and upon payment thereof within four days next after such arrest or service to the plaintiff or his attorney, all proceedings shall be stayed. But the defendant shall be at liberty notwithstanding such payment to have the cost taxed without entering an appearance to the action, and if more than one-sixth shall be disallowed, the plaintiff's attorney shall pay the costs of taxation.

The endorsement shall be printed or written in the following form.

The plaintiff claims for the debt, and for costs, and if the amount thereof be paid to the plaintiff or his attorney within four days from the service hereof further proceedings will be stayed.

The amount of all such costs shall not exceed 2l. 2s. on bailable process, and 15s. on serviceable process, except where there are several defendants, for each of whom an additional sum of 1s. 6d. and of 10s. 6d. caption fee shall be allowed in bailable, and of 3s. in serviceable process, and the amount of such costs shall be endorsed on such writs respectively at the time of execution or service thereof.

In cases where the plaintiff shall have sued out an alias or pluries writ, the costs of such alias or pluries writ shall be stated in the endorsement.

Appearance

All appearances shall be entered at the registrar's office in a book to be kept by him for that purpose, and where the appearance is entered by the plaintiff for the defendant the affidavit of service of the writ of summons shall state the day on which the endorsement of the time of service was made.

Forms of entering an appearance

A., plaintiff, against C.D. the defendant; C.D. appears in person. Or, A., plaintiff, against C.D. and another; E.F. attorney for C.D. appears for him.

Or, A., plaintiff, against C.D. and others; G.H. attorney for the plaintiff appears for the defendant C.D. according to the statute.

Entered the day of 18 .

Bail

All bail pieces and recognizances of bail shall be taken and acknowledged in open Court, if sitting, or at the registrar's office, as the case may be, before the registrar or the deputy appointed by the Recorder, and before whom all affidavits of justification shall be made.

All bail shall be filed with the registrar and notice thereof given to the plaintiff or his attorney as the case may require.

The bail at the time of entering into the recognizances shall make and file with the bail piece an affidavit of justification according to the following form or as near thereto as possible.

In the Court of Record for the Borough of Newark

Between A.B. . . Plaintiff, and C.D. . . Defendant.

E.F. of and G.H. of the same place, the bail for the above-named defendant, severally make oath and say. And first this deponent E.F. for himself, saith, that he is a housekeeper (freeholder or leaseholder) residing in street, in aforesaid; and is worth the sum of pounds over and above what will pay and satisfy all his just debts, and every other sum for which he is now bailed, and the nature of this deponent's property is as follows, &c., &c. And this deponent G.H. for himself, saith that he is a housekeeper (freeholder or leaseholder) residing in street, in aforesaid, and is worth the sum of pounds over and above what will pay and satisfy all his just debts, and every other sum for which he is now bailed, and the nature of this deponent's property is as follows, &c., &c.

Sworn, &c.

If more convenient the bail may make separate affidavits.

A true copy or true copies of such affidavit or affidavits shall be delivered with the notice of bail.

The filing of the bail piece and affidavit or affidavits and service of notice, &c., as aforesaid, shall be deemed a...

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