REPORTS OF CASES

ARGUED AND DETERMINED IN THE

COURTS OF EXCHEQUER OF PLEAS,

AND

EXCHEQUER CHAMBER,

IN

Michaelmas Term,

IN THE THIRD Year of the Reign of WILLIAM IV.

REGULÆ GENERALES (a).

I.

1832.

tain the name

IT IS ORDERED, That every writ of summons, Writ to concapias and detainer, shall contain the names of all of all the dethe defendants, (if more than one), in the action; and fendants in the action, shall not contain the name or names of any defendant and of no or defendants in more actions than one.

other defendants.

2. It is further Ordered, That the following fees Fees. shall be taken:

For signing all writs for compelling an ap

pearance, whether of summons, distringas,

capias, or detainer, whether the same shall

(a) Made in pursuance of stat. 2 Will. 4. c. 39. s. 14. The marginal notes are added by the reporter.

3. It is further Ordered, That the person serving a writ of summons shall, within three days at least after such service, indorse on such writ the day of the week and month of such service, otherwise the plaintiff shall not be at liberty to enter an appearance for the defendant according to the statute; and every affidavit upon which such an appearance shall be entered shall mention the day on which such indorsement was made.

4. It is further Ordered, That the sheriff or other officer or person to whom any writ of capias shall be directed, or who shall have the execution and return thereof, shall, within six days at the least after the execution thereof, whether by service or arrest, indorse on such writ the true day of the execution thereof, and, in default thereof, shall be liable in a summary way to make such compensation for any damage which may result from his neglect, as the Court or a Judge shall direct.

5. It is further Ordered, That R. 2 of H. T. 1832 shall be applicable to all writs of summons, distringas, capias, and detainer, issued under the authority of the said act, and to the copy of every such writ.

1832.

Regulæ gene

rales.

be directed

6. It is further Ordered, That any alias or pluries writ of summons may, if the plaintiff shall think it desirable, be issued into another county, and any alias or pluries writ of capias may be directed to the sheriff Alias and pluof any other county, the plaintiff in such case upon the rewrits may alias or pluries writ of summons describing the defend- into other ant as late of the place of which he was described in the first writ of summons, and upon the alias or pluries writ of capias referring to the preceding writ or writs as directed to the sheriff to whom they were in fact directed.

counties.

Form of.

ries summons.

7. It is further Ordered, That the alias or pluries Alias or pluwrit of summons into another county shall be in the following form

William the Fourth, &c.

To C. D., of, in the county of

late of

--, in the county of [original county.] We command you, as before [or often] we have commanded you &c. [as in the writ of summons No. 1 in the schedule of the said act, viz. 2 Will. 4. c. 39.]

And that the alias and pluries writ of capias shall be in the following form

William the Fourth &c.

To the Sheriff of

ries capias.

We command you, as heretofore we have commanded Alias or pluthe sheriff of, that you omit not &c. [as in the writ of capias No. 4, in the schedule of the said act.]

clause in dis

8. It is further Ordered, That in every writ of dis- Non omittas tringas issued under the authority of the said act, a tringas gratis. non omittas clause may be introduced by the plaintiff without the payment of any additional fee on that

account.

9. It is further Ordered, That when the attorney Name of attor