also on Saturdays, on which day the office may be closed at one o'clock in the afternoon; provided always, that where Saturday is the market day of the town in which the Court is holden, the office may be closed at one o'clock on some other day of the week instead of Saturday, and when any day is fixed upon for such purpose, it shall not afterwards be changed except by leave of the Judge.

7. The Registrar shall keep the books in the forms set forth in the schedule; and every entry in such books shall have a number prefixed, corresponding with the number of the plaint to which the entry relates.

8. Whenever the Registrar, or his lawful deputy, is absent from the Court, the judge shall appoint a deputy to act on behalf of the Registrar; and an entry of such appointment and the cause of such absence (if known) shall be made on the minutes of the Court.

9. Whenever a Registrar appoints a deputy, the reason of such appointment shall be entered on the minutes of each Court for which such deputy acts.

10. The duties of acting in Court as Registrar, signing the minute book, taking affidavits, granting permission to sue under sect. 15 of 19 & 20 Vict. c. 108, and acting under "The Summary Procedure on Bills of Exchange Act, 1855," shall be performed by the Registrar, or by his lawful deputy.

11. The Registrar of the Court shall issue all summonses and warrants to the bailiff forthwith after the plaints are entered or warrants applied for.

12. Where a summons is required to be served in a foreign district the Registrar shall transmit the same and a copy thereof to the bailiff of the Foreign Court, with a letter according to the form in the schedule, unless the judge of the Home Court shall order the summons in that particular case to be served by the bailiff of the Home Court; and if the summons be returned to the Registrar by the high bailiff of the Foreign Court not served, the Registrar shall forthwith give notice to the plaintiff of such non-service.

13. The Registrar shall, in all cases where a summons is to be served in a foreign district, require the plaintiff to pay the fee of one shilling for the oath under sect. 62 of 9 & 10 Vict. c. 95, and shall pay over the same to the treasurer of his Court at such times and in such manner as may be directed by the Commissioners of her Majesty's Treasury.

14. The Registrar shall, in all cases where by these rules particulars are required, annex to the summons a copy of the plaintiff's particulars, sealed with the seal of the Court; and shall also make and deliver to the bailiff a true copy of the summons, for indorsement as required by rule 25.

15. The Registrar shall enter in the "notice book" all notices and letters sent by him, and all particulars required by the form of such book.

16. Searches may be made, and the money to which suitors are entitled shall be paid out upon demand (in cash if required), on three days, at the least, in each week, such days to be fixed by the Registrar from time to time with the approbation of the Judge, and to be printed or written on the plaint note: provided that, for the purpose of enabling the Registrar to furnish the list of balances in the ledgers according to the requirements of the Commissioners of her Majesty's Treasury, no

searches shall be made or money paid out of Court during one week in each year, of which week due notice shall be affixed in some conspicuous place in the office of the Registrar.

17. Whenever money is paid into or deposited in Court, whether before or after judgment, an acknowledgment in writing of such payment or deposit shall be given on the summons or on the order, but such acknowledgment need not bear a receipt stamp.

18. All the books of the Court, including the bankers' book and cash book, shall at all times be open to the inspection of the treasurer.

19. No Registrar, deputy Registrar, Registrar's clerk, bailiff, broker, or other officer of the Court, and no partner or clerk of any such officer, shall, on account of suitors, sign the ledger, or any other book, or receive money, or otherwise act as an agent for that purpose.

20. No Registrar, deputy Registrar, Registrar's clerk, bailiff, broker, or other officer of the Court, or any practising attorney, or clerk of such attorney, shall become surety in any case where, by the practice of the Court, security is required.

High Bailiff's Duties.

21. Whenever the high bailiff does not attend any sitting of the Court, the cause of his absence shall be entered by the Registrar on the minutes of the next succeeding Court.

22. The high bailiff shall keep books and make returns in the forms set forth in the schedule.

23. The high bailiff or an under bailiff of the Court shall attend, for the purpose of receiving summonses, or for the performance of other duties, at the office of the Registrar, once at least every day; and shall compare and examine the copy of each summons delivered to him by the Registrar, so as to enable him to prove its correctness.

24. The high bailiff shall serve or cause to be served process sent to him for service from other Courts, and where he shall be unable to swear the affidavit of service or non-service before the Judge or Registrar, he shall be re-paid by the treasurer of his Court, the one shilling paid by him to the Commissioner for taking the affidavit.

25. If the service of the summons has been personal, the bailiff who served the same shall indorse on the copy of the summons delivered to him by the Registrar, the fact and mode of such service; and if the service has not been personal, he shall indorse on the copy of the summons the statement which has been made by the person to whom the summons was delivered, or other circumstances from which it may be inferred that the service of the summons has come to the knowledge of the defendant, and if the summons has not been served, the bailiff shall indorse on such copy the fact, and the reason of such non-service, and shall deliver it to the Registrar with the list of summonses mentioned in the next rule but one, unless the Judge shall otherwise order, and such copy shall be produced at the time of the trial by the Registrar or high bailiff, as the Judge may require.

26. Where the summons is required to be served in a foreign district by the bailiff of that district, he shall, nine days at least before the return day of the summons, transmit the copy thereof to the Registrar of the Home Court, with an affidavit of the service, if the summons has been served; and if it has not been served, he shall return the summons with

an affidavit stating why it has not been served, and the affidavit shall state the same particulars as to service or non-service as are required by the last rule to be indorsed on a summons; and if such affidavit be defective the bailiff shall amend the same at his own expense in conformity with the direction of the Judge of the Home Court.

27. Eight days before the day of holding any Court the high bailiff shall deliver to the Registrar a list of all summonses on plaints before judgment, issued to him, returnable at such Court, and such return shall state the mode of service or the cause of non-service of each summons, and the high bailiff shall, at the same time, unless the Judge shall otherwise order, deliver to the Registrar the copy of every such summons which has been served, and the summons itself when not served.

28. Where a summons has not been served, and the summons remains in the hands of the bailiff, he shall, at the time of making out the list aforesaid, give notice to the plaintiff of the fact of such non-service in the form set forth in the schedule.

29. The high bailiff shall enter in "The Order Book" all orders for the payment of money or costs, or both, which he shall have received, and the date on which he shall have caused the same to be posted.

30. The high bailiff shall enter in "The High Bailiff's Warrant Book" every warrant which he has been required to execute, and shall state from time to time therein what he shall have done under each warrant, and if the same be not executed within one calendar month from the day of its delivery to him, why it was not executed; and the high bailiff shall, at all reasonable times, give to a suitor every information that he may reasonably require as to the execution or non-execution of any warrant, which has been issued at his instance.

31. Every bailiff levying or receiving any money by virtue of any process issuing out of the Court of which he is bailiff, shall, within twenty-four hours from the receipt thereof, pay over the same to the Registrar of such Court, and shall file such process and retain the same in his custody.

32. Whenever a warrant required to be executed in a foreign district has not been executed within one calendar month from the day of its delivery, the bailiff of the Foreign Court shall, on the day after the termination of such month, make a return to the Registrar of the Home Court of what he shall have done under such warrant, and why it has not been executed; and when the same warrant has not been executed during the time that it is in force, such bailiff shall return the same to the Registrar of the Home Court within twenty-four hours from the expiration of such time, and shall indorse on such warrant the reason why the same could not be executed, and he shall sign such endorsement, but the bailiff shall return such warrant to the Home Court at any time, although unexecuted, if he shall be directed to do so by the Registrar of the Home Court, or shall give such information as such Registrar may require in the matter of the warrant.

Plaint.

33. Every plaint shall be entered in the "Plaint Book" before issuing the summons.

34. Where the plaintiff is unacquainted with the defendant's christian name, the defendant may be described by his surname, or by his surname

and the initial of his christian name, or by such name as he is generally known by, and the defendant may be so described in the summons; and in the event of the plaintiff or defendant not appearing, the proceedings under sects. 79 and 80 of 9 & 10 Vict. c. 95, may be taken as if the true christian name and surname had been stated in the summons, and all subsequent proceedings thereon may be taken in conformity with such description, but without prejudice to any amendment made at any future time by direction of the Judge.

Particulars.

35. On entering the plaint, the plaintiff shall in all cases, where the sum sought to be recovered shall exceed forty shillings, deliver at the office of the Registrar as many copies of a statement of the particulars of his demand or cause of action as there are defendants, and an additional copy to be filed, and where the demand exceeds fifty pounds, but the plaintiff desires to abandon the excess or to admit a set-off, and sues in a County Court for the residue, the abandonment or the admission of the set-off shall be entered on the particulars before service; and in all cases the particulars shall be deemed part of the summons.

36. In actions for penalties to secure the performance of covenants, within the meaning of the 8 & 9 Will. 3, c. 11, the plaintiff shall deliver particulars of the breaches on which he relies, in the same manner as required by the last rule, which, when delivered, shall be deemed part of the summons; and if the Court shall be of opinion that the plaintiff is entitled to recover, judgment shall be entered for the penalty, where the penalty does not exceed the amount over which the Court has jurisdiction; and where the penalty does exceed such amount, then for the amount over which the Court has jurisdiction, and an entry shall be made on the minutes, of the damages awarded to the plaintiff, and execution may issue for the amount of such damages; and in case of subsequent breaches, the plaintiff may enter a plaint and sue out a summons in the nature of a scire facias on such judgment, and shall deliver particulars of such subsequent breaches in the manner before mentioned, and which shall be deemed part of such summons.

37. If the amount claimed in any case include a fraction of a penny, such fraction shall not be entered in the books of the Court, and judgment shall not be given for such fraction.

Plaint Note,

38. At the time of entering the plaint, the Registrar shall give to the plaintiff or his attorney or agent a note under the seal of the Court, according to the form in the schedule; and no money shall be paid out of Court to the plaintiff or his attorney or agent, unless on production of such note, provided that in the event of such note being lost or destroyed no money shall be paid to any person unless it be proved on oath to the satisfaction of the Registrar that the person applying is the plaintiff or his agent authorized in that behalf.

Summons to appear to a Plaint.

39. The summons to appear to a plaint shall be in the form set forth

in the schedule, and shall be dated of the day on which the plaint was entered, and the date thereof shall be the commencement of the suit.

40. Such summons may be returnable either at the next Court after the entry of the plaint, or by leave of the Court or Registrar at any subsequent Court to be held within three calendar months.

41. The Registrar shall not issue a summons under sect. 15 of 19 & 20 Vict. c. 108, unless he is satisfied by statement on oath that the party applying has a cause of action, and that the whole of such cause arose within the home district.

42. Where a summons is issued by leave of the Judge or Registrar, the words "by leave of the Court" or "by leave of the Registrar," as the case may be, shall be written on the face of the summons.

43. Where a summons has not been served, successive summonses may be issued without entering a new plaint, unless the non-service has been caused by the fact of the defendant's having removed from the address given before the entry of the plaint, or unless the plaintiff shall have given a wrong or insufficient address, but if the bailiff shall ascertain that the defendant has removed to some other place within the district of the Court, he shall serve the summons at such other place, indorsing on the copy thereof the new address; and the successive summons or summonses shall bear the same date and number as the summons first issued, which date and number shall be written in red ink in the "Plaint Book," and such summonses shall be a continuance of the first summons; provided that no successive summons shall be issued on a plaint which has been entered more than three months.

Service of Summons to appear to a Plaint.

44. A summons to appear to a plaint, where it is to be served in the home district, should, in order to ensure its service, be delivered to the bailiff at least twelve clear days, and where it is to be served in a foreign district, fifteen clear days, but it shall, in either case, be served at least ten clear days, before the return day thereof; provided that a summons may be issued at any time before the return day, on production by the plaintiff to the Registrar of an affidavit showing that the defendant is about to remove out of the ordinary jurisdiction of the Court; and service of such summons at any time before the return day may be deemed good service, if, at the hearing, the Judge is satisfied on the evidence on oath before him, that such party was about to remove out of the ordinary jurisdiction of the Court, but in every such case, whether such proof be given or not, the judge may, in his discretion, and on such terms as he shall think fit, adjourn the hearing.

45. The service of the summons, except in the cases hereinafter specially provided for, shall be either personal, or by delivering the same to some person, apparently sixteen years old, at the house or place of dwelling or place of business of the defendant; but no place of business shall be deemed the place of business of the defendant unless he shall be the master or one of the masters thereof.

46. Where a defendant is living or serving on board of any ship or vessel, it shall be sufficient service to deliver the summons to the person on board who is, at the time of such service, apparently in charge of such ship or vessel.

47. Where a defendant is residing or quartered in any barracks, and