Payment into and out of Court.

Rules 132-134 (p. 773) provide for the application at the King's Remembrancer's Department for a direction to be taken to the Bank of England at the time of payment in, and for the filing of the receipt at the King's Remembrancer's Department. An order of the Court or a judge must be obtained, upon notice to the opposite party, if money is to be invested, paid out, or otherwise disposed of.

Pleading.

General Observations.

A general article on pleading in proceedings by the Crown will be found below, p. 561.

See also "Information," "Time," the precedents printed below, pp. 261 sqq., and the forms in the Modern Practice of the Exchequer, pp. 349 sqq.

Pleadings on informations of devenerunt and informations of intrusion are dealt with specially above, at pp. 176, 179 sqq. respectively.

The Rules governing the matter are Rules 58-64 (p. 763).

As to the non-necessity of delivering a copy issue, see Rule 73 and note thereto (p. 765).

The title of pleadings is now in practice as follows:

IN THE HIGH COURT OF JUSTICE.

King's Bench Division.

(King's Remembrancer.)

There appears to be no authority save custom for the addition of the words " (King's Remembrancer)," but it is a convenient method of distinguishing proceedings on the Revenue side of the Division.

In an information of forfeiture, the plea generally consists of a simple traverse or denial of the respective causes of forfeiture alleged in the information. (Manning, Exch. Pr. (ed. 2), p. 175.) But see the precedent below, p. 264. This latter form is stated by Manning not to have been adopted to his knowledge (p. 219); according to him, each count alleging a cause of forfeiture ought to be traversed separately; but the summary form has before now been adopted, and there seems to be no objection to it.

There would seem to be no objection to a plea of not guilty or not indebted to such part of an information as is suitably covered by such a plea, together with special traverses of the parts, if any, to which such a plea is not appropriate.

The defendant apparently can plead, in a proper case, auterfois convict or auterfois acquit, or the pendency of another information for the same matter (Manning, p. 219); but these must be specially

pleaded, and cannot be given in evidence under the general issue (so A.-G. v. Hayler (1816), not reported, as to auterfois convict, but the principle seems to apply to all three cases), except on informations falling within 21 Jac. I. c. 4, which is referred to below.

That the proceedings are out of time may be objected on a plea of the general issue, according to Manning (p. 220), who bases his view on his interpretation of A.-G. v. Brown (1801), Forr. 110.

As to making up the record of nisi prius, see Rules 52, 73, 125 (pp. 762, 765, 772), and Sched. C., Nos. 1-4 (p. 795).

Pleading the General Issue.

By 21 Jac. I. c. 4, s. 4, "If any information, suit or action shall be brought or exhibited against any person or persons, for any offence committed or to be committed against the form of any penal law, either by or on behalf of the King, or by any other, or on behalf of the King and any other, it shall be lawful for such defendants to plead the general issue, that they are not guilty or that they owe nothing, and to give such special matter in evidence to the jury that shall try the case, which matter being pleaded, had been a good and sufficient matter in law to have discharged the said defendant or defendants against the said information, suit or action, and the said matters shall be then as available to him or them, to all intents and purposes, as if he or they had sufficiently pleaded, set forth or alleged the same matter in bar, or discharge of such information, suit or action." Sect. 5 of the Act excepts certain informations, the only presently important one of which is "for or concerning the concealing or defrauding the King, his heirs or successors, of any custom, tonnage, poundage, subsidy, impost or prisage," but it is apprehended that this exception refers only to venue and not to pleading. See, further, the article on venue, below, p. 583. As to pleading the general issue on informations of intrusion, see above, p. 180; and see the precedents of such pleas to Revenue and other informations, below, p. 263. Manning, Exch. Pr. (ed. 2), p. 218, states that the exception of Revenue informations from 21 Jac. I. c. 4, covers pleading as well as venue. Whether that be so or not, at any rate it has recently always been the practice to plead "not guilty" or "not indebted" to Revenue informations and informations for penalties. As to relying upon auterfois convict or acquit and limitation of time, under a plea of the general issue, see above.

Counterclaim.

The defendant to an information is not permitted to counterclaim. Any claim he has must be made by petition of right (see Secretary of State for War v. Easdale (1893), 27 I. L. T. R. 70),

the hearing of which may be consolidated with that of the information. Actions by the Attorney-General in the Chancery Division (see below, p. 464), stand on a different footing, and a counterclaim would be permitted. Compare what is said below, p. 386, as to counterclaims to petitions of right.

Recognisances.

See Rules 68-72, and notes thereto (p. 764). For forms, see Sched. C. to the Rules, Nos. 10-13, and notes thereto (p. 797), and also the Modern Practice of the Exchequer, pp. 203 sqq.

As to pleadings to estreated recognisances, see Rules 110, 111 (p. 770); and as to execution therein, Rule 112 and the form in Sched. A., No. 11 (pp. 770, 782). See also the chapter on Scire Facias, above, p. 208.

As to the issue of process on estreats without reference to any seal day, see the Queen's Remembrancer Act, 1859, s. 23 (p. 680).

As to the registration of recognisances so as to operate as a charge on land, see the Land Charges Act, 1900, s. 2, set out above, p. 223.

Seizure, Proceedings on.

See the provisions of the Customs Consolidation Act, 1876, ss. 218 sqq., and the Inland Revenue Regulation Act, 1890, ss. 21 sqq., set out below, pp. 716, 740, and the dissertation on costs, p. 618. Rules 51-53, 106, 107, of 1860, and a Rule of 1861 (pp. 761, 769, 800), deal with the procedure under writs of appraisement, claims, judgments of recovery and writs of delivery. For forms, see Sched. C., Nos. 1, 12 (pp. 795, 799). For the general practice the reader is referred to Manning, Exch. Pr. (ed. 2), pp. 142–165, 167—183 (it being remembered that the statutes therein cited, viz., 6 Geo. IV. c. 108; 24 Geo. III. sess. 2, c. 47; 13 & 14 Car. II. c. 11; 3 Geo. III. c. 22; 6 Geo. I. c. 21; 8 Ann. c. 7 and others, have been repealed, and their place taken by the statutory provisions referred to above), and to the Annual Practice, Vol. II.

Forms of writs, &c. are given in the Modern Practice of the Exchequer, pp. 216 sqq.; forms of judgment will be found in the Rules, Sched. B., pp. 790, 791.

As to service in the case of informations of intrusion, see Rule 24,

p. 757.

Provisions as to service out of the jurisdiction are contained in

sects. 37-42 of the Crown Suits, &c. Act, 1865 (p. 697), and forms of writs are given in Sched. II. to that Act (p. 705).

As to service on a corporation aggregate, sect. 36 of the Crown Suits, &c. Act, 1865 (p. 697), which abolishes the necessity of a distringas, provides for service on an officer of the corporation, and places a corporation in the same position as an individual defendant, appears to supersede Rule 39 (p. 759).

Rules 114-117 (p. 770) relate to the service of orders, &c. Rule 117 is dealt with under "Time." The showing of the original or an office copy of a rule or order is not necessary to regular service, unless demanded, except in cases of attachment. The service of a copy of the rule or order under the seal of the office, or the copy of an office copy of such rule or order, is sufficient to ground an application for an attachment or other writ.

An affidavit of service on a brother or other relative of the person to be served must state that he is "resident with and a relative of " such person.

Special Case.

See the Queen's Remembrancer Act, 1859, s. 15 (p. 678), and the Crown Suits, &c. Act, 1865, s. 58 (p. 703), as to special cases in summary proceedings to recover death duties. Ord. XXXIV. is now applied, by Ord. LXVIII. r. 2, to all proceedings on the Revenue side of the King's Bench Division. This Order covers special cases and the trial of issues of fact without pleadings. It would appear, however, that Rules 135, 136 (p. 773), which provide for the setting down of special cases at the King's Remembrancer's Department four clear days before hearing, with notice to the other party, and the delivery of copies for the Court and the opposite party, are still in force.

The practice was that the writ of subpoena or capias should first issue, and that the judge's leave to state a special case should be obtained in the presence of both parties. This matter is now,

apparently, covered by Ord. XXXIV. r. 1.

For instances of special cases stated on informations, see A.-G. v. Great Southern and Western Rail. Co. (1863), 14 Ir. C. L. R. 447; A.-G. v Moore (1878), 3 Ex. D. 276; 47 L. J. M. C. 103; A.-G. v. Sutcliffe, [1907] 2 K. B. 997; 76 L. J. K. B. 991; 4.-G. v. Yorkshire (Woollen District) Electric Tramways, Ltd., [1907] 2 K. B. 991; 77 L. J. K. B. 33.

See also "Service."

Subpoena.

General rule as to issuing writs, Rule 1, p. 753.

Rules for proceeding by subpoena ad respondendum, Rules 2-9

(p. 753), and notes thereto; in the case of informations of intrusion, Rules 22, 23, 37 (pp. 757, 759). As to renewal, see Rule 2.

Ordinary form of writ, Sched. A., No. 1 (p. 775), and precedent printed at p. 260.

As to practice, and forms of writ and of notice for service out of the jurisdiction, Crown Suits, &c. Act, 1865, ss. 37-42, and Sched. II. (pp. 697, 705).

Ord. II. r. 8, as to the testing and dating of writs, is applied to the Revenue side of the King's Bench Division by Ord. LXVIII. r. 2a. As to the issue of writs in vacation, see the Exchequer Court Act, 1842, s. 8 (p. 663).

As to proceedings by subpoena or capias under the Customs Acts, see "Capias.'

A writ of subpoena may be issued to a corporation. (Crown Suits, &c. Act, 1865, s. 36 (p. 697).)

In proceedings for penalties under the Customs Acts, sect. 248 of the Customs Consolidation Act, 1876 (p. 724), specially provides that, if the Commissioners waive the right of issuing a writ of capias and elect to proceed by subpoena, it shall be sufficient service if they serve a copy on the defendant personally, or leave it at his last known place of abode or business anywhere in the United Kingdom, or on board any ship or vessel to which he belongs or has lately belonged.

As to Inland Revenue proceedings, see the Inland Revenue Regulation Act, 1890, s. 23 (p. 740).

Time.

Ord. LXIV. is applied, so far as applicable, by Ord. LXVIII. r. 2, but it is apprehended that it does not supersede Rules 41, 58–64, 67, 117 (pp. 760, 763, 764, 771), in so far as the latter deal with matters not expressly dealt with in Ord. LXIV. Thus, the time for pleading, unless otherwise ordered, is still fourteen days (Rule 59), and the provisions as to extension of time (Rules 59, 60) still apply, but extension of time may now also be obtained by consent in writing. (Ord. LXIV. r. 8.) With Rules 61, 62, 63, as to the periods of the year within which proceedings may be taken, and the method of computing time, compare Ord. LXIV. rr. 2-5, 12, to which Rules 61, 62, 63 should be preferred in case of difference. Rule 67, which provides that notice shall be given of intention to proceed if no proceeding has been had for one year, is substantially identical with Ord. LXIV. r. 13. Rule 117, dealing with the time of day at which pleadings, notices, &c. may be served, must be taken to be superseded by Ord. LXIV. r. 11, i.e., 6 p.m. is substituted for 7 p.m. on week-days other than Saturday.