Inferior OTHER OFFICERS OF THE COURT. There are other officers of the court, such as the sealer of the writs, the tipstaff, crier, ushers, &c.; but their duties are so well known, and are of such a nature, as not to require any particular description. Exchequer Office Hours. EXCHEQUER OFFICE OF PLEAS. The Exchequer Office is situate at No. 9, Old Square, Lincoln's Inn, where the whole business of the masters, clerk of the rules, and filazer's offices is transacted. The office hours are from 11 o'clock in the morning till 3 in the afternoon; and from 6 o'clock in the afternoon till 9 o'clock at night, during term; and for one week after term; and at other times from 11 o'clock in the morning till 4 o'clock in the afternoon. Writs may be issued, and proceedings taken on any day, except Sundays, Christmas Day, and Good Friday. Holidays. HOLIDAYS. The holidays are as follow:-Christmas Day, Good Friday, Easter Eve, Easter Monday and Tuesday, Ascension Day, Midsummer Day, and days appointed for public feasts, thanksgiving, or fasts. BUSINESS IN COURT. Business in The court sit every day in full term, Sundays excepted. Court. Sitting by one Baron. It is usual for one of the barons to come into court at the full 10 o'clock precisely, to take common matters, such as swearing in attornies, justifications of bail, and common motions of course, and they are taken in that order. When they are disposed of, the full court sit to take the Sitting of special matters. The court first call upon the counsel, Court. filling the office of postman (at present Sir William Owen), and afterwards, on the tubman (Mr. John Jervis), and then the other counsel are called upon, in the usual order. There are two special paper days in the week, viz. Paper Days. Mondays and Wednesdays. The paper is called over immediately on the sitting of the full court. It sometimes happens, on account of the Chief Baron sitting in equity, that these days are altered, in which case, due notice is given, by fixing up the same in the Court of Exchequer at Westminster, and in the Exchequer Office of Pleas. The court, if there is time afterwards, proceeds on motions. The new trial paper is taken every day in term, when New Trials. the court has gone through the bar, provided there be then sufficient time; the court is strict in taking the causes in the order in which they are set down in the different papers; and if the parties are not present or ready, or some very sufficient reason given, the same are struck out. It is very necessary that this regulation should be strictly observed, to prevent delay, and an accumulation and arrear of business; and notwithstanding the great increase in the business of this court, this regularity has hitherto prevented any arrear of moment. Sittings. The sitting days at nisi prius, both in term, and after Nisi Prius term, are fixed previously to the term, and printed papers and due notice thereof published; there are usually two days in each term, appointed for sittings in Rules for new trials enlarged. of Rules of Court. London, and two days in Middlesex, and which sittings, when necessary, are sometimes adjourned to the day following. This has been considered more convenient to suitors, than naming more days in the term at intervening periods, as it prevents in many cases the keeping of the witnesses in town. The rules for new trials, if not disposed of within the term in which they are moved, are considered as enlarged to the ensuing term, and so on to the term following, and until disposed of. Enlargement If a party against whom a rule to show cause is granted, applies to enlarge the same, it is usually on the terms of filing his affidavits a reasonable time before showing cause, and the rule, if enlarged until the ensuing term, is drawn up as a matter of course, on condition, that the affidavits are filed, a week before the Time for showing cause. Last day of term. The time for showing cause against a rule of court, (except it be a rule, “nisi,”) is the day after the day mentioned in the rule (c): the time, however, may be enlarged on application to the court, without notice to the opposite party, if the court think fit to enlarge it (d). Upon a rule "nisi," the day for showing cause is the day mentioned in the rule. On the last day of term, the special and new trial papers are seldom, if ever, called on, nor are motions in respect of awards heard; nor motions for attachment, except for non-payment of costs pursuant to the master's allocatur: nor will any rule to show cause, obtained on that day, operate as a stay of proceeding, whether notice of motion be given or not. Nor will the court grant any (c) Solomon v. Cohen, 9 Price, 388. (d) R. G. H. T. 2 Will. IV. rule calling upon an attorney to answer the matters of an affidavit, nor for the master's report, on the examination of a party upon interrogatories, unless with the leave of the court, granted under very special circumstances. There appear to be cases in which it would seem, that Sheriff. motions cannot be made against the sheriff on the last day of term, for not returning a writ, or not bringing in the body of the defendant, pursuant to rules for that purpose, but in fact, such motions are constantly made, and rules granted (e); generally, the practice in such matters should be considered similar to the practice in the other courts. In this court, it is very usual in cases, wherein the court conceive it would be too much to grant a rule absolute in the first instance, and yet where it appears advisable, to save expense to parties, to grant a rule "nisi” (that is to say, "unless cause be shown ") on a certain day; if no cause be shown on that day, the rule makes itself absolute, and the party cannot afterwards show cause against it; if cause is intended to be shown, notice must be given to the attorney, concerned in making the motion, a convenient time, before the day mentioned in the rule, that he may be prepared to instruct his counsel, to make the rule absolute. This is an extremely useful, and convenient rule, and very frequently saves considerable expense. Rules "Nisi." The Fleet prison is the prison of this court. The Fleet Prison. prison doors are closed at 10 o'clock at night, and cannot be opened after that time, except for the purpose of receiving a new prisoner. (e) Rex v. Sheriff of Midd. 8 T. R. 464. 11 East 591. 1 B. & P. 312. Terms. TERMS. Hilary Term begins 11th January, ends 31st January, contains 21 days. Easter Term begins 15th April, ends 8th May, contains 24 days. Trinity Term begins 22nd May, ends 12th June, con- Michaelmas Term begins 2nd November, ends 25th Except, where the last day of term happens on a Sunday, in which case, the last day will be the Monday following and except, where Easter may fall within the term, in which case, Easter term is prolonged three days, and Trinity term is postponed for three days, and ends three days later. |