CHAPTER XIX. DISCONTINUANCE. SECTION I.-CONTINUANCES (a). Of Mesne Process. By vicecomes non misit breve, or by plaintiff's attorney's return of non est inventus &c. [See ante, 539.] SECTION II. RULE TO DISCONTINUE. B. 1. Rule to discontinue before Plea pleaded. the day of —, in the year of our Lord It is ordered, upon payment of costs to be taxed by one of against the masters that this action be discontinued. D. S Side bar. [See 2 Chit. Ar. Pr. 1057.] 2. The like, after Plea pleaded. By the Court. [Proceed to the end of the common rule, supra, No. 1, and then thus:] the plaintiff hereby undertaking to pay the said costs to be so taxed, and consenting that if they are not paid within four days after taxation, the defendant shall be at liberty to sign judgment of non-pros. Side bar. By the Court. [See 2 Chit. Ar. Pr. 1057.] 3. Entry of the Discontinuance on the Roll. [Proceed as in the entry of an issue, see the form, ante, 43, No. 1, to the end of the last pleading, &c. and then in a new line, thus:] Afterwards, to wit, on (a) See 2 Chit. Ar. Pr. 1057. By rule of H. T. 4 Will. 4, r. 2, the entry of continuances must now be omitted. spective attornies aforesaid; and the plaintiff doth not further prosecute his said writ with effect, but voluntarily permits his said suit to be discontinued: Therefore it is considered that [&c. conclude as in the judgment, ante, 606, No. 1.] [See 2 Chit. Ar. Pr. 1059.] 4. Execution for Defendant. [Same as ante, 201, 203.] CHAPTER XX. CASSETUR BREVE. 1. Entry thereof on Roll. [Proceed as in the entry of an issue, as in the form, ante, 43, No. 1, to the end of the plea, and then on a new line thus:] And hereupon on the plaintiff, inasmuch as he cannot deny the matters by the defendant above pleaded, prays judgment, and that the said writ of the plaintiff may be quashed, to the intent that he may sue out a better writ against the defendant: Therefore it is considered by the court here that the said writ be quashed &c. [See 2 Chit. Ar. Pr. 1060.] 2. Docket Paper. The entry [or "further entry"] of P. A. gentleman, one &c. the day of (Venue.) Victoria, 1840. Entry of cassetur breve, between A. B. plaintiff and C. D. defendant, on a Roll --. CHAPTER XXI. PUTTING OFF THE TRIAL. 1. Notice of Motion. In the Q. B. [or " C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. Take notice that this honourable court will be moved on next, or as soon after as counsel can be heard, that the trial of this cause may be put off until ➖➖, on account of the absence of a material witness, and that in the meantime all proceedings herein be stayed. Dated this -, 1840. day of D. A.. -'s attorney. In the Q. B. [or "C. P." or " Exch. of Pleas."] day of - last sitting Between A. B. plaintiff and C. D. defendant. C. D. of ——, tailor, the above-named defendant, maketh oath and saith, that issue was joined in this cause on the past, and that notice was given for the trial thereof at the within [or at the sittings after"] term: And this deponent further saith, that W. W. late of, is a material witness for him this deponent in the said cause, as he is advised and believes, and that he cannot safely proceed to the trial thereof without the testimony of him the said IV. W. And this deponent further saith, that after the notice of trial was so given as aforesaid, and in order to prepare for such trial, he this deponent [&c. state fully the diligent inquiries that have been made after the witness, and the time when he is likely to return and attend, and other facts to induce the court to grant the application; as to which see 2 Chit. Ar. Pr. 1068.] Sworn [&c. as ante, 207.] C. D. [See 2 Chit. Ar. Pr. 1068.] CHAPTER XXII. TRIAL BY PROVISO. 1. Notice of Trial by Proviso. In the Q. B. [or " C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. Take notice of trial by proviso in this cause for [&c. proceed as in other cases: see the forms, ante, 50, 51.] Dated this day of 1840. D. A. defendant's attorney [or " agent."] To Mr. P. 4. plaintiff's attorney [or "agent."] [See 2 Chit. Ar. Pr. 1066.] 2. Jury Process. defaults," many [The jury process is the same as in ordinary cases, as ante, 68 and 71, excepting that in the distringas, after the words " " and in the habeas corpora, after the words "to make that jury," you insert this clause: "provided always that if two writs shall come to you thereupon, you shall then execute and return one of them only; and have you there &c."] [See 2 Chit. Ar. Pr. 1066.] CHAPTER XXIII. COSTS FOR NOT PROCEEDING TO TRIAL. 1. Affidavit to support Motion for. In the Q. B. [or "C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. D. A. of gentleman, attorney for the above-named defendant, maketh oath and saith, that issue was joined in this cause on the last, and notice of trial given thereon for the sitting after term last, or "for the last assizes holden at in and for the day of county of according to the fact:] And this deponent further saith, that the above-named plaintiff did not proceed to the trial of the said action, nor countermand such notice in due time, according to the rules of this honourable court. Sworn [&c. ante, 207.] [See 2 Chit. Ar. Pr. 1068.] 2. Rule of Court thereon, in Q. B. or C. P. (a) The day of A.D. D. A. B. Upon reading the affidavit of D. A. it is ordered that the attorV. nies of both parties shall attend the master, and he shall examine D. the matter, and tax the defendant his costs, for that the plaintiff hath not proceeded to trial pursuant to his notice; which costs, when taxed, shall be paid by the plaintiff, if it shall appear to the master that costs ought to be paid. Upon the motion of Mr. By the Court. [See 2 Chit. Ar. Pr. 1069.] B. V. 3. The like, in Exchequer (b). On the day of A. D. Upon the motion of Mr. counsel for the defendant, and upon reading the affidavit of Mr. -, gentleman, it is ordered D. Sthat the plaintiff do pay to the defendant his costs, to be taxed by one of the masters, for that the plaintiff did not proceed to the trial of this cause at the last assizes for the county [or "city"] of, [or city," or "sittings," &c. see supra,] pursuant to notice, unless cause be shown to the contrary on instant [or "next the day of coming."] (a) See the form in ejectment, ante, 381. By the Court. |