if any,] that he is possessed of property to the amount of [the amount required by the practice of the £courts,] over and above all his just debts; [if bail in any other action, add," and every other sum for which he is now bail ;"] that he is not bail for any defendant except in this action, [or, if bail in any other action or actions, add," except for C. D. at the suit of E. F., in the court of in the sum of £

the suit of I. K. in the court of

; for G. H., at in the sum of

£;" specifying the several actions, with the courts in which they are brought, and the sums in which the deponent is bail ;] that the deponent's property, to the amount of the said sum of £, [and if bail in any other action or actions" of all other sums for which he is now bail as aforesaid,"] consists of [here specify the nature and value of the property, in respect of which the bail proposes to justify as follows;-stock in trade, in his business of carried on by him at ; of good book debts owing to him to the amount of £ ; of furniture in

of the value of £

hold or leasehold farm, of the value of £

; of a free

situate at, occupied by; or of a dwelling-house of

occupied by

or of other property, particularizing each description of property, with the value thereof;] and that the deponent hath for the last six months resided at scribing the place or places of such residence.] Sworn, &c.

-[de

Hilary Term, 2 William IV. 1832.

I.

WHEREAS it is expedient that the practice of the Courts of King's Bench, Common Pleas, and Exchequer of Pleas, should, as far as possible, be rendered uniform:

IT IS ORDERED, That the practice to be observed in the said Courts, with respect to the matters hereinafter mentioned, shall be as follows; that is to say,

AUTHORITY TO PROSECUTE OR DEFEND.

1. Warrants of attorney to prosecute or defend, shall not be entered on distinct rolls, but on the top of the Issue Roll.

2. A special admission of prochein amy or guardian, to prosecute or defend for an infant, shall not be deemed an authority to prosecute or defend in any but the particular action or actions specified.

AFFIDAVIT.

3. No affidavit of the service of process shall be deemed sufficient if made before the plaintiff's own attorney, or his clerk.

4. An affidavit sworn before a judge of any of the Courts of King's Bench, Common Pleas, or Exchequer, shall be received in the Court to which such judge belongs, though not entitled of that Court; but not in any other Court, unless entitled of the Court in which it is to be used.

5. The addition of every person making an affidavit shall be inserted therein.

6. Where an agent in town, or an attorney in the country, is the attorney on the record, an affidavit sworn before the attorney in the country shall not be received; and an affidavit sworn before an attorney's clerk shall not be received in cases where it would not be receivable if sworn before the attorney himself; but this rule shall not extend to affidavits to hold to bail.

ARREST..

7. After non pros, nonsuit, or discontinuance, the defendant shall not be arrested a second time without the order of a judge.

8. Affidavits to hold to bail for money paid to the use of the defendant, or for work and labour done, shall not be deemed sufficient unless they state the money to have been paid, or the work and labour to have been done, at the request of the defendant.

9. No supplemental affidavit shall be allowed to supply any deficiency in the affidavit to hold to bail.

10. A variance between the ac etiam and the declaration, or the want of an ac etiam, where the defendant is arrested, shall not be deemed ground for discharging the defendant, or the bail; but the bail bond or recognizance of bail shall be taken with a penalty or sum of forty pounds only.

WRIT, WHEN AND HOW TO BE FILED.

11. When the rule to return a writ expires in vacation, the sheriff shall file the writ at the expiration of the rule, or as soon after as the office shall be open.

12. And the officer with whom it is filed shall indorse the day and hour when it was filed.

BAIL.

13. If any person put in as bail to the action, except for the purpose of rendering only, be a practising attorney, or clerk to a practising attorney, the plaintiff may treat the bail as a nullity, and sue upon the bail bond as soon as the time for putting in bail has expired, unless good bail be duly put in in the meantime.

14. In the case of country bail, the bail piece

shall be transmitted and filed within eight days, unless the defendant reside more than forty miles from London, and in that case, within fifteen days. after the taking thereof.

15. When bail to the sheriff become bail to the action, the plaintiff may except to them though he has taken an assignment of the bail bond.

16. It shall be sufficient, in all cases, if notice of justification of bail be given two days before the time of justification.

17. If bail, either to the action or in error are excepted to in vacation, and the notice of exception require them to justify before a judge, the bail shall justify within four days from the time of such notice, otherwise on the first day of the ensuing term.

18. Notice of more bail than two shall be deemed irregular, unless by order of the Court or a judge.

19. Affidavits of justification shall be deemed insufficient, unless they state that each person justifying is worth the amount required by the practice of the Courts, over and above what will pay his just debts, and over and above every other sum for which he is then bail.

20. Bail, though rejected, shall be allowed to render the principal without entering into a fresh recognizance.

21. Bail shall only be liable to the sum sworn to by the affidavit of debt, and the costs of suit; not exceeding in the whole the amount of their recognizance.

22. Bail shall be at liberty to render the principal at any time during the last day for rendering, so as they make such render before the prison doors are closed for the night.

23. A plaintiff shall not be at liberty to proceed on the bail bond pending a rule to bring in the body of the defendant.

24. No bail bond taken in London or Middlesex shall be put in suit, until after the expiration of four days; nor, if taken elsewhere, till after the expiration of eight days exclusive, from the appearance day of the process.

25. The time allowed for excepting to bail put in upon a habeas corpus shall be twenty days.

26. A recognizance of bail in error shall be taken in double the sum recovered, except in case of a penalty, and in case of a penalty in double the sum really due, and double the costs.

27. In ejectment, the recognizance of bail in error shall be taken in double the yearly value and double the costs.

BAIL BOND AND ACTION THEREON.

28. An action may be brought upon a bail bond by the sheriff himself in any court.

29. In all cases where the bail bond shall be directed to stand as a security, the plaintiff shall be at liberty to sign judgment upon it..

30. Proceedings on the bail bond may be stayed on payment of costs in one action, unless sufficient reason be shown for proceeding in more.

APPEARANCE.

31. A defendant who has been served with process by original shall enter an appearance within four days of the appearance day, if the action is brought in London or Middlesex, or within eight days of the appearance day in other cases, otherwise the plaintiff may enter an appearance for him according to the statute; and any attorney who undertakes to appear shall enter an appearance accordingly.

H