may require, and forthwith give notice in writing thereof to the other party, and proceed to argument, in like manner as on a demurrer, without any rule or motion for a concilium. 15. Four clear days before the day appointed for argument, the plaintiff in error shall deliver copies of the judgment of the court below, and of the assignment of errors, and of the pleadings thereon, to the judges of the King's Bench, on writs of error from the Common Pleas or Exchequer, and to the judges of the Common Pleas, on writs of error from the King's Bench; and the defendant in error shall deliver copies thereof, to the other judges of the court of Exchequer chamber, before whom the case is to be heard; and in default by either party, the other party may deliver such books as ought to have been delivered by the party making default; and the party making default shall not be heard, until he shall have paid for such copies, or deposited with the clerk of the errors, or the clerk of the rules in the King's Bench, as the case may be, a sufficient sum to pay for such copies. 16. No entry on record of the proceedings in error shall be necessary, before setting down the case for argument; but after judgment shall have been given in the court of errors in the Exchequer Chamber, either party shall be at liberty to enter the proceedings in error, on the judgment roll, remaining in the court below, on a certificate of a clerk of the errors of the Exchequer Chamber, of the judgment given, for which a fee of 3s. 4d., no more, shall be charged. and NOTICE OF TAXING COSTS, &c. 17. Notice of taxing costs shall not be necessary in any case, where the defendant has not appeared, in person or by his attor ney or guardian, notwithstanding the general rule of Trinity Term, 1 W. IV. § 12a. 18. It shall not be necessary to repass any nisi prius record, which shall have been once passed, and upon which the fees of Notice of tax ing costs unnecessary, when defendant has not appeared. When not ne- of costs was necessary. (Griffiths v. Ed. 917, 18. appeared. Teste and return of distringas, &c. Tidd Prac. 9 Writs of trial. passing shall have been paid: And if it shall be necessary to amend the day of the teste and return of the distringas, or habeas corpora, or of the clause of nisi prius, the same may be done by the order of a judge, obtained on an application ex parte. 19. Writs of trial shall be sealed only, and not signed ". Either party may give notice of his intention to adduce in evi dence written or printed docu ments. Proceedings thereon. VERIFICATION OF DOCUMENTS. 20. Either party, after plea pleaded, and a reasonable time before trial, may give notice to the other, either in town or country, in the form hereto annexed, marked (A.) or to the like effect, of his intention to adduce in evidence, certain written or printed documents; and unless the adverse party shall consent, by indorsement on such notice, within forty-eight hours, to make the admission specified, the party requiring such admission may call on the party required, by summons, to shew cause before a judge, why he should not consent to such admission; or in case of refusal, be subject to pay the costs of proof: and unless the party required shall expressly consent to make such admission, the judge shall, if he think the application reasonable, make an order, that the costs of proving any document specified in the notice, which shall be proved at the trial to the satisfaction of the judge, or other presiding officer, certified by his indorsement thereon, shall be paid by the party so required, whatever may be the result of the cause. Provided, that if the judge shall think the application unreasonable, he shall indorse the summons accordingly. Provided also, that the judge may give such time for inquiry, or examination of the documents intended to be offered in evidence, and give such directions for inspection and examination, and impose such terms upon the party requiring the admission, as he shall think fit. If the party required shall consent to the admission, the judge shall order the same to be made. As to the writ of trial, vide ante, 152; and see id. 154, as to the signing, sealing, and issuing of such writ. This rule was made by the judges, in exercise of the authority given them by the Law Amendment Act, 3 & 4 W. IV. c. 42. § 15, (ante, 167, 8. 234); and appears to have been framed with a view to the regulations proposed by the Common Law Commissioners, in their second Report, pp. 19. 67, 8, 9; and see 2 Sup. to Tidd Prac. 9 Ed. 82, 3. No costs of proving any written or printed document shall be Costs of provallowed to any party, who shall have adduced the same in evidence ing written or on any trial, unless he shall have given such notice as aforesaid, and the adverse party shall have refused or neglected to make such admission, or the judge shall have indorsed upon the summons, that he does not think it reasonable to require it. A judge may make such order as he may think fit, respecting the costs of the application, and the costs of the production and inspection; and, in the absence of a special order, the same shall be costs in the cause. [Signed by all the Judges.] FORM OF NOTICE REFERRED TO*. printed documents, when not allowed. Costs of appli cation, &c. torney or agent, at and that the { on defendant } plaintiff plaintiff between the hours of will be required to admit that such of the said documents as are specified to be originals, were respectively written, signed, or executed, as they purport respectively to have been; that such as are specified as copies, are true copies; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively, saving all just exceptions to the admissibility of all such documents as evidence in this cause. Dated, &c. (Here describe the documents, the manner of doing which follows:) * This notice is similar to that in 2 Rep. C. L. Com, 69, 70. Letter, defendant to plaintiff. 1st March, 1828. Policy of Insurance on goods, by ship Isa- 3d December, 1827. bella, on voyage from Oporto to London. ) Memorandum of Agreement, between C. D., captain of said ship, and E. F. Bill of Exchange for £100, at three } 1st January, 1828. months, drawn by A. B. on and accepted 1st May, 1829. by C. D. indorsed by E. F. and G. H. INDEX TO THE PRINCIPAL MATTERS. A. ABATEMENT, of freehold ; writ of entry upon. 7. 9. when right to land, &c. shall be deemed to have accrued on. 22. plea of nonjoinder in. See tit. Pleas & Pleading. ABSENCE, misnomer, not to be pleaded in. 66. 142. beyond seas, effect of, on statutes of limitations. 26. 42, 3, 4. 231, 2. action of; 14. limitation of. 42. ACKNOWLEDGMENT, in writing, effect of, on statutes of limitations. 25, 6. 44. 45, &c. 232. |