20. Every notice of a demand of a jury, where the debt or demand claimed shall exceed 51., must be made in writing to the clerk of the court, two clear days before the return of the

summons.

21. No application for a new trial, or to set aside any proceedings, shall be made subsequently to the court at which such trial or other proceeding shall have been had, unless the party making such application shall have given a written notice thereof to the clerk of the court at his office, and to the other party, by serving the same personally on such party, or leaving the same at his usual place of abode or business, seven clear days before the time of holding the court at which such application shall be made.

22. Where any money is paid into court under any execution or order of the court, if the clerk receive notice from any party of his intention to apply to the court to set aside the execution or order under which such money is paid into court, the clerk shall retain the same, until after such application has been determined, or until the judge shall otherwise order.

23. When any order is made for the payment of any debt, damages, costs, or other sum of money by instalments, such instalments shall be payable at the office of the clerk of the court, at such periods as the court shall order; and if no order be made, then the first shall become due at the expiration of one calendar month from the day of making the order, and every successive instalment at like periods of a calendar month from the day of the previous instalment becoming due.

24. Where any cattle, goods, or chattels taken as a distress for rent in arrear, or damage feasant, shall have been replevied by the sheriff, the party at whose instance such replevin shall have been made, shall enter his plaint in the court held under the authority of this act, for the district within which such distress may have been made.

25. On entering a plaint in replevin, the plaintiff must specify and describe in a statement of particulars, the cattle, or the several goods and chattels taken under the distress, and of the taking of which he complains.

26. All actions of replevin in cases of distress for rent in arrear, or damage feasant, shall be tried in a summary way as other actions in the courts held under the authority of this act, and the judgment therein, in ordinary cases, whether for plaintiff or defendant, shall be according to the forms in the rules, or to the like effect.

27. Execution on a judgment is not to issue by or against any person not a party to such suit, without a plaint and summons upon the judgment, the proceedings in which shall be the same as in ordinary cases.

28. Where a judgment has been given for or against a person deceased, his executors or administrators may in the same manner sue or be sued upon the judgment.

29. The ordinary judgment against executors or administrators shall be, to pay the debt or damages and costs to be levied out of the goods of the deceased in their hands, and as to the costs, if there are no such goods, then to be levied out of their own goods.

30. Where the defence is, that executors or administrators have fully administered, if it be adjudged by the court that they have assets not administered, then a like judgment shall go as in the above case, but only as to the goods of the deceased, to the amount proved to be in their hands, and of assets quando acciderint, as to the residue: the judgment as to costs shall be, that they be levied de bonis testatoris, si, &c., et si non, de bonis propriis.

31. If the sole defence by executors or administrators be, that they have fully administered, and the judgment of the court is for the defendants, it shall be, that the amount found to be due be paid and levied out of the assets of the deceased quando acciderint, and the costs shall be in the discretion of the judge.

32. Where judgment has been given against executors and administrators, that the amount be levied upon assets of the deceased quando acciderint, the plaintiff may at any time proceed by plaint against them, suggesting that assets have come to their hands, and the court shall proceed and give judgment thereon, if for the plaintiff, as in rule 29, and if for the defendants, they shall be entitled to their costs.

33. Where judgment has been given that the debt (or damages) and costs be levied de bonis testatoris, and the plaintiff complains that the defendants have been guilty of a devastavit, inasmuch as no goods of the deceased are forthcoming to satisfy the execution issued, then a summons may be taken out in the form given in the schedule, or to the like effect, and thereupon, as in ordinary cases, the court shall proceed to the hearing and judgment, and if judgment be given against such executors or administrators, then it shall be that they pay the debt, or damage and costs, to be levied de bonis testatoris, si, &c., et si non, de bonis propriis.

34. Where in an action against executors or administrators, the defence is, that they are not executors or administrators, or it is founded on some matter or thing arising since the death of the testator or intestate, ex. gr. a release to the defendants, if the judgment of the court be against them, it shall be, that, the debt, or damages, and costs be levied, and paid de bonis testatoris, si, &c., et si non, de bonis propriis.

35. The judge shall in each case order what number of witnesses shall be allowed on taxation of costs, the allowance for whose attendance shall be according to the scale in the schedule, unless otherwise ordered, but in no case to exceed such scale.

36. All costs shall be taxed by the clerk of the court.

37. No warrant of execution or commitment shall be executed after the expiration of two calendar months from the date thereof.

38. Every summons for a party to appear to be examined upon oath, pursuant to the 98th section of the said act, shall be served not less than three clear days before the day on which the party is required to appear to such summons: provided always, that service of such summons at any time before the time appointed for the appearance of such party, may be deemed by the judge to be good service, if it shall be proved to his satisfaction, that such party was about to remove out of the jurisdiction of the court.

39. Where any claim shall be made to or in respect of any goods or chattels taken in execution under the process of any court holden under the authority of the said act, or in respect of the proceeds or value thereof, by any landlord for rent, or by any person not being the party against whom such process has issued, and summonses have been issued on the application of the officer charged with the execution of such process, such summonses shall be served in such time and manner as hereinbefore directed for a summons to appear to a plaint, and the claimant shall be deemed the plaintiff, and the execution creditor the defendant; and the claimant shall, five clear days before the day on which the summonses are returnable, deliver to the said officer, or leave at the office of the clerk of the court, a particular of any goods or chattels alleged to be the property of the claimant, and the grounds of his claim, or, in case of a claim for rent, of the amount thereof, and for what period the same is claimed to be due.

40. The clerk of every court shall keep the several books, and in the form in the schedule.

41. Every entry in such books shall have a number prefixed, corresponding with the number of the plaint to which it refers.

42. The clerk of every court shall have an office at each place where the court of which he is clerk is held.

43. All matters or things required to be done by the clerk of the court may be done by the clerk of the court, or by the assistant clerk or clerks provided by him.

44. The office of the clerk shall be open daily, and the office hours shall be from 10 o'clock in the morning until 4 in the afternoon.

45. At every court, or at such other times as the judge shall require, the high bailiff shall deliver a statement or return, pursuant to the form in the schedule, of what shall have been done since his last return under every process of execution or commitment, which he shall have been required to

execute.

46. Eight days before the day of the holding of the court, the high bailiff shall deliver to the clerk of the court a list of all summonses to appear which shall have been served, and the clerk shall forthwith stick up such list in his office.

47. Every high bailiff required to execute any warrant of execution or commitment issuing out of any other court, shall make a return to such last mentioned court forthwith on the execution thereof; and if he shall not have executed such warrant, he shall return the same at the expiration of two calendar months from the date thereof.

48. Every bailiff levying or receiving any money by virtue of any process issuing out of the court of which he is bailiff, shall, within three days after the receipt thereof, pay over the same to the clerk of such court.

49. If any high bailiff shall have levied or received any money under any process issuing out of any other court, he shall, within three days from the receipt thereof, pay over such money, retaining the fees for execution thereof, to the high bailiff of such last mentioned court.

50. No summons, notice, order, or other process shall be served on Sunday, Christmas-day, or Good Friday; but such days shall be counted in the computation of the time required by these rules, unless any of such days shall be the last day of such time, in which case it shall be excluded from such computation.

51. In case of proceedings not provided for by the forms in the schedule, the clerk of the court shall issue the necessary process, using, where practicable, the forms prescribed in the schedule as guides in framing the same.

52. Wherever the singular number is used in these rules in reference to persons or things, it shall be understood, when necessary to give full effect to the rule, to mean several persons or things; and every word importing the masculine gender shall in like manner, when necessary, be understood to include the feminine gender.

FRED. POLLOCK.
WM. WIGHTMAN.
C. CRESSWELL.
W. ERLE.

E. V. WILLIAMS.

The following are the names of the "Court towns," or towns in which the courts under this Act shall be holden, in the different counties,-and of the parishes within each district, as specified in the Gazette of the 10th March, 1847.

The Towns are printed in Roman Small Capitals, and the Parishes in the ordinary type.

BEDFORDSHIRE.

AMPTHILL, Ampthill.-BEDFORD, Bedford.-BIGGLESWADE, Biggleswade.-LEIGHTON BUZZARD, Leighton Buzzard, Woburn.-LUTON, Luton.

BERKSHIRE.

ABINGDON, Abingdon, including the parish or chapelry of Wootton and parish of Besselsleigh, but excepting all the rest of the sub-district of Cumner (see Oxford.)-FARRINGDON, Farringdon. HUNGERFORD, Hungerford. — NEWBURY, Newbury, Kingsclere. READING, Reading, Wokingham, Bradfield. Henley, except the sub-district of Watlington and parishes of Fawley, Hambleden, and Medmenham (see Wallingford and Great Marlow.)-WALLINGFORD, Wallingford. The sub-district of Watlington, in Henley, consisting of the parishes of Watlington, Brightwell Baldwin, Britwell Salome, Bix, Cuxham, Pishill, Pirton, Swincombe, and chapelry of Britwell Prior.-WANTAGE, Wantage.-WINDSOR, Windsor, except the sub-district of Egham (see Chertsey). Eton, except the sub-district of Iver (see Uxbridge). Easthampstead. Cookham, except the parishes of Bisham and Hurley (see High Wycombe).

BUCKINGHAMSHIRE.

AYLESBURY, Aylesbury, except the parishes of Choulesbury and Hawridge, and hamlet of Saint Leonard's (see Chesham). The parishes of Wendover, Ellesborough, Great and Little Kimble, Stoke Mandeville, and Illmire. The subdistrict of Tring in Berkhampstead, consisting of the parishes of Tring, Wigginton, Marsworth, Puttenham, Aldbury, and Pitstone.-BUCKINGHAM, Buckingham, Winslow.-CHESHAM, Amersham, except the sub-district of Beaconsfield (see Great Marlow). The chapelries of Bovindon and Flaunden, in the parish of Hemel Hempstead. The parishes of Choules