Miscellaneous. 171. On a reference to the master to ascertain the amount for which final judgment is to be signed, the master's certificate shall be filed in the office when judgment is signed.1 172. On every appointment made by the master, the party on whom the same shall be served shall attend such appointment without waiting for a second, or in default thereof, the master may proceed ex parte, on the first appointment.2 173. The masters' offices in the several courts shall be open in term time, from eleven o'clock in the forenoon till five o'clock in the afternoon, and not in the evening; and in the vacation, from eleven o'clock in the forenoon till three o'clock in the afternoon, except between the 10th day of August and the 24th day of October, when they are to be open from eleven in the morning till two in the afternoon, and except on Good Friday, Easter eve, Monday and Tuesday in Easter week, Christmas day, and the three following days, and such of the four following days as may not fall in the time of term, but not otherwise, namely, the Queen's birthday, the Queen's accession, Whit Monday, and Whit Tuesday, when the offices shall be closed.3 174. In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day, and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas day, Good Friday, or a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusively of that day also.* 175. The days between Thursday next before, and the Wednesday next after Easter day, and Christmas day and the three following days, shall not be reckoned or included in any rules, notices, or other proceedings, except notices of trial or notices of inquiry.5 176. In all causes in which there have been no proceedings for one year from the last proceeding had, the party, whether plaintiff or defendant, who desires to proceed shall give a calendar month's notice to the other party of his intention to proceed. The summons of a judge, if no order be made thereupon, shall not be deemed a proceeding within this rule. Notice of trial, though afterwards countermanded, shall be deemed a proceeding within it. Forms of Proceedings. The forms of proceedings contained in the Schedule hereunder may be used in the cases to which they are applicable, with such alterations as the nature of the action, the description of the court in which the action is depending, the character of the parties, or the circumstances of the case may render necessary; but any variance therefrom, not being in matter of substance, shall not affect their validity or regularity. SCHEDULE. 1.-Form of an Issue in General.1 In the Queen's Bench [or "Common Pleas," or 66 Exchequer of in the year of our Lord 18—, (date of declaration). (The Venue.)-A. B. by P. A. his attorney [or "in person," as the case may be, and as in the declaration,] sues C. D. who has been summonded to answer the said A. B. by virtue of a writ issued on the day of in the year of our Lord (the date of the first writ), out of her Majesty's court of Queen's Bench, [or, "Common Pleas," or Exchequer of Pleas," as the case may be,] for, [&c. copy the declaration from these words to the end, and all the pleadings, with their dates, writing each plea or pleading in a separate paragraph, and numbering the same as in the pleading delivered, and conclude thus:] Therefore let a jury come, &c. 2.-Form of a Nisi Prius Record. The Nisi Prius record will be a copy of the issue as delivered in the action. It must be engrossed on parchment, and a more convenient shape than that heretofore in use must be adopted. 3.-Form of a Postea on a Verdict for Plaintiff on all the Issues where the Cause is tried in London or Middlesex, and where the Defendant appears at the Trial.3 Afterwards on the day of A.D. (the first day of the sittings), at the Guildhall of the city of London [or "at Westminster Hall, in the county of Middlesex,"] before the Right Honourable John Lord Campbell, her Majesty's chief justice assigned to hold pleas in the court of our lady the Queen before the Queen herself, or if in the Common Pleas "before the Right Honourable Sir John Jervis, knight, her Majesty's chief justice assigned to hold pleas in her Majesty's court of the Bench," or in the Exchequer "before the Right Honourable Sir Frederick Pollock, knight, chief baron of her Majesty's court of Exchequer,"] come the parties within mentioned by their respective attorneys within mentioned, and a jury of the within county [or "city"] being summoned, also come, who, being sworn to try the matters in question between the said parties upon their oath, say that, [&c. state the affirmative or negative of the issue as it is found for 1 See Arch. New C. L. Pr. 596. 2 See Id. 92. 3 See Arch. New C. L. Pr. 603. the plaintiff, and in the terms adopted in the pleading.] [If there be several issues joined and tried, then say, 66 as to the first issue within joined upon their oath say that," (&c. state the affirmative or negative of the issue as found for plaintiff,) "and as to the second issue within joined, the jury aforesaid upon their oath say that," (&c. so proceed to state the finding of the jury on all the issues.)] [Conclude with an assessment of the damages, thus:] And they assess the damages of the plaintiff on occasion of the premises within complained of by him, over and above his costs of suit, to £ and for those costs to 40s. Therefore, &c. 4.-The like where the Cause is tried at the Assizes.1 Afterwards on the day of, A.D. (the commission day of the assizes), at in the county [or "city"] of before Sir knight, and Sir knight, justices of our said lady the Queen, assigned to take the assizes in and for the within county [or "city and county," or town and county," as the case may be], come the parties within mentioned by their respective attorneys within mentioned; and a jury of the said county" [or "city and county," or "town and county," as the case may be,] being summoned also come, who, being sworn to try the matters in question between the said parties, upon their oath say, that [&c. state the negative or affirmative of the issue as it is found for the plaintiff, and in the terms adopted by the pleading.] [If there be several issues joined and tried, then say, as to the first issue within joined, upon their oath say that," (&c. state the affirmative or negative of the issue as it is found for the plaintiff,) "and as to the second issue within joined, the jury aforesaid, on their oath aforesaid, say that" (&c. so proceed to state the finding of the jury on all the issues.)] [Conclude with stating an assessment of the damages thus:] And they assess the damages of the plaintiff on occasion of the premises within complained of by him, over and above his costs of suit, to £ and for those costs to 40s. Therefore, &c. 66 5.-Form of a Judgment for Plaintiff on a Verdict in a Town Cause.2 [Copy the Nisi Prius record, and then proceed thus:] Afterwards on the -day of - in the year of our Lord [day of signing final judgment], come the parties aforesaid, by their respective attorneys aforesaid [or as the case may be, if they have not appeared by attorneys], and the Right Honourable John Lord Campbell, her Majesty's chief justice assigned to hold pleas in the court of our lady the Queen before the Queen herself, [or if in Common Pleas, "the Right Honourable Sir John Jervis, knight, her Majesty's chief justice assigned to hold pleas in her Majesty's court of the Bench," or if the Exchequer, "the Right Honourable Sir Frederick Pollock, knight, chief baron of her Majesty's court of 1 See Arch. New C. L. Pr. 603. 2 See Arch. New C. L. Pr. 607. Exchequer," or "the Honourable Sir knight, before whom the said issue was (or 'issues were') tried in the absence of her Majesty's chief justice, &c.," as the case may be,] hath sent hither his record had before him in these words: Afterwards [&c., copy the postea]. Therefore it is considered that the plaintiff do recover against the defendant the said monies by the jurors aforesaid in form aforesaid assessed [or if the action be in debt and the jury do not assess the debt but only the damages and forty shillings costs, then say "do recover against the defendant the said debt of £ and the monies by the jurors aforesaid in form aforesaid assessed"] and also £ for his costs of suit by the court here adjudged of increase to the plaintiff, which said monies and costs [or "debt, damages, and costs,"] in the whole amount to £ [In the margin of the roll, opposite the words "Therefore it is considered," write "Judgment signed the -;" stating the day of signing the judgment.] day of 6.-The like, in a Cause tried at the Assizes.1 A.D. [Copy the Nisi Prius record, and then proceed thus:] Afterwards on the day of in the year of our Lord (day of signing final judgment,) come the parties aforesaid, by their respective attorneys aforesaid (or as the case may be); and Sir knight, and Sir -, knight, justices of our lady the Queen assigned to take the assizes in and for the said county [or "city and county," &c., as the case may be], before whom the said issue was [or "issues were"] tried, have sent hither their record had before them in these words. Afterwards, [&c. Conclude as directed in the preceding form.] 7.-Form of an Issue where it is directed to be tried by the Sheriff, &c.2 [Commence the issue as in the form No. 1. above prescribed. Then copy all the pleadings, and after the joinder of issue proceed as follows:] And forasmuch as the sum sought to be recovered in this suit, and indorsed on the said writ of summons, does not exceed £20, hereupon on the day of―― in the year (teste of writ of trial), pursuant to the statute in that case made and provided, the sheriff [or "the judge of being a court of record for the recovery of debt in the said county," as the case may be,] is commanded that he summon twelve, &c., who neither, &c., who shall be sworn truly to try the issue [or "issues"] above joined between the parties aforesaid, and that he proceed to try such issue [or "issues"] accordingly; and when the same shall have been tried, that he make known to the court here what shall have been done by virtue of the writ of our lady the Queen to him in that behalf directed, with the finding of the jury thereon indorsed, on the day of See Arch. New C. L. Pr. 607. &c. 2 See Id. 605. 8.-Form of a Writ of Trial before the Sheriff, &c.1 Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, defender of the faith, to the sheriff of [or "to the judge of being a court of record for the recovery of debt in our county of -," as the case may be,] greeting: Whereas A. B. in our court of Queen's Bench [or Common Pleas," or 66 Exchequer of Pleas," as the case may be] at Westminster, on the (date of first writ of summons) day of in the year of our Lord impleaded C. D. in an action for [&c., here recite the declaration in the past tense], and the plaintiff claimed £- : and whereas the defendant on the (date of plea) day of last, by his attorney, (or, as the case may be,) came into our said court, and said [&c. here recite the pleas and pleadings to the joinder of issue:] and whereas the sum sought to be recovered in the said action, and indorsed on the writ of summons therein, does not exceed 20/.; and it is fitting that the issue [or "issues"] joined as aforesaid should be tried before you the said sheriff [or "judge," as the case may be]: we therefore, pursuant to the statute in such case made and provided, command you that you do summon twelve free and lawful men of your county, duly qualified according to law, who are in nowise akin to the plaintiff or to the defendant, who shall be sworn truly to try the said issue [or "issues"] joined between the parties aforesaid, and that you proceed to try such issue [or "issues"] accordingly; and when the same shall have been tried in manner aforesaid, we command you that you make known to us [or in the Common Pleas "to our justices," or in the Exchequer "to the barons of our said Exchequer," as the case may be,] at Westminster, what shall have been done by virtue of this writ, with the finding of the jury hereon indorsed, on the day of next. Witness [name of the chief justice, or of the chief baron if the action is in the Exchequer] at Westminster, the day of in the year of our Lord 9.-Form of Indorsement, on the Writ of Trial, of the Verdict.2 day of Afterwards, on the in the year of our Lord [day of trial] before me, sheriff of the county of -, [or "judge of the court of "] came as well the within-named plaintiff as the within-named defendant, by their respective attorneys within-named, [or, as the case may be,] and the jurors of the jury by me duly summoned, as within commanded, also came, and being duly sworn to try the issue [or "issues"] within mentioned, on their oath said that [&c. here state the finding of the jury as in a postea on a trial at Nisi Prius]. The answer to S. S., sheriff. 1 See Arch. New C. L. Pr. 606. 2 See Id. 606. |