that if the last of such eight days shall in any
case happen to fall on a Sunday, Christmas Day,
or any day appointed for a public fast or thanks-
giving, in either of such cases the following day
shall be considered as the last of such eight
days; and if the last of such eight days shall
happen to fall on any day between the Thursday
before and the Wednesday after Easter Day,
then in every such case the Wednesday after
Easter Day shall be considered as the last of
such eight days: Provided also, that if such
writ shall be served or executed on any day
between the tenth day of August and the
twenty-fourth day of October in any year, spe-
cial bail may be put in by the defendant in bail-
able process, or appearance entered, either by
the defendant or the plaintiff, on process not
bailable, at the expiration of such eight days:
Provided also, that no declaration, or pleading
after declaration, shall be filed or delivered be-
tween the said tenth day of August and twenty-
fourth da v
v of October.

ว

writs.

XII. And be it further enacted, That every Date and writ issued by authority of this act shall bear teste of date on the day on which the same shall be issued, and shall be tested in the name of the Lord Chief Justice or Lord Chief Baron of the Court from which the same shall issue, or in case of a vacancy of such office, then in the name of a senior uisne judge of the said court, Indorseand shall be indors ed with the name and place ment of the of abode of the atto. rney actually suing out the name of the same, and in case suc h attorney shall not be an attorney of the court in which the same is sued out, then also with the name and place of abode of the attorney of such such writ shall be taken

p

court in whose name
out; but in case no

attorney or party suing.

Service of writs of summonson corpora

of hundreds

attorney shall be employed for that purpose, then with a memorandum expressing that the same has been sued out by the plaintiff in person, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's residence, if any such there be.

mayor or

XIII. And be it further enacted, That every such writ of summons issued against a corporation aggregate may be served on the tions and on other head officer, or on the town clerk, clerk, inhabitants treasurer, or secretary of such corporation; and and towns. every such writ issued against the inhabitants of a hundred or other like district may be served on the high constable thereof, or any one of the high constables thereof; and every such writ issued against the inhabitants of any county of any city or town, or the inhabitants of any franchise, liberty, city, town, or place not being part of a hundred or other like district, on some peace officer thereof.

General

rules to be made by

XIV. And be it further enacted, That it shall and may be lawful to and for the judges of the said courts, and they are required, from time to time the judges. to make all such general rules and orders for the effectual execution of this act, and of the intention and object hereof, and for fixing the costs to be allowed for and in respect of the matters herein contained, and the performance thereof, as in their judgment shall be deemed necessary or proper, and for that purpose to meet as soon as conveniently may be after the passing hereof.

Rules and

XV. And be it further enacted, That it shall orders may be lawful, in term time, for the court out of be made for which any writ issued by authority of this act, or any writ of capias ad satisfaciendum, fieri

the return

of writs.

facias, or elegit, shall have issued, to make rules, and also for any judge of either of the said courts, in vacation, to make orders, for the return of any such writ; and every such order shall be of the same force and effect as a rule of court made for the like purpose; provided always, that no attachment shall issue for disobedience thereof until the same shall have been made a rule of court.

fault of

XVI. And be it further enacted, That all Proceedsuch proceedings as are mentioned in any writ, ings in denotice, or warning issued under this act, shall appearance and may be had and taken in default of a de- or special fendant's appearance or putting in special bail, as the case may be.

bail.

XVII. And be it further enacted, That every Attorney to

declare

and to de

his client, if

attorney whose name shall be indorsed on any whether writ issued by authority of this act shall, on de- writ issued mand in writing made by or on behalf of any by his defendant, declare forthwith whether such writ authority; has been issued by him, or with his authority or clare name privity; and if he shall answer in the affirma- and place tive, then he shall also, in case the court or any of abode of judge of the same or of other court shall so ordered. any order and direct, declare in writing, within a time to be allowed by such court or judge, the profession, occupation, or quality, and place of abode of the plaintiff, on pain of being guilty of a contempt of the court from which such writ shall have appeared to have been issued; and if If writ not such attorney shall declare that the writ was issued by not issued by him, or with his authority or pri- the attor authority of vity, the said court, or any judge of either of ney, the the said courts, shall and may, if it shall appear defendant reasonable so 'to do, make an order for the immediate discharge of any defendant or defend

may be

discharged.

Rules to be
made by
the courts

for the go

ters and

ants who may have been arrested on any such writ, on entering a common appearance.

XVIII. And be it further enacted, That it shall and may be lawful to and for the judges of each of the said courts from time to time to vernment of make such rules and orders for the government their minis- and conduct of the ministers and officers of their respective courts, in and relating to the distribution and performance of the duties and business to be done and performed in the execution of this act, as such judges may think fit and reasonable; provided always, that no additional charge be thereby imposed on the suitors.

officers.

Proviso for persons

privileged

from arrest, &c.

and situate

XIX. Provided always, and be it further enacted, That nothing in this act contained shall subject any person to arrest, outlawry, or waiver, who, by reason of any privilege, usage, or otherwise, may now by law be exempt therefrom, or shall extend to any cause removed into either of the said courts by writ of pone, certiorari, recordari, facias loquelam, habeas corpus, or otherwise.

Places, XX. And whereas there are in divers parts parcel of of England certain districts and places, parcel one county of some one county, but wholly situate within in another, and surrounded by some other county, which is to be deem- productive of inconvenience and delay in the ed part of service and execution of the each. of the said process courts; for remedy thereof be it enacted, That every such district and place shall and may, for the purpose of the service and execution of every writ and process, whether mesne or judicial, issued out of either of the said courts, be deemed and taken to be part as well of the county wherein such district or place is so situate as aforesaid as of the county whereof the

same is parcel; and every such writ and process may be directed accordingly, and executed in either of such counties.

ment of per

XXI. And be it further enacted, That from Writs herethe time when this act shall commence and inbefore authorized to take effect, the writs hereinbefore authorized be the only shall be the only writs for the commencement writs for of personal actions in any of the courts afore- commencesaid, in the cases to which such writs are appli-sonal accable; and the costs to be allowed and charged tions. for such writs shall be the same as for writs of latitat: Provided always, that nothing in this act contained shall abridge, alter, or affect the franchises and jurisdictions of either of the counties palatine of Lancaster or Durham, or of any officer or minister thereof.

XXII. And be it further enacted, That this Commenceact shall commence and take effect on the first ment of act. day of Michaelmas Term next after the passing hereof.

XXIII. And be it further enacted, That this Act may be act may be amended, altered, or repealed during altered this the present session of parliament.

session.