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1-265 (Raw)

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Speaker:
addressee author,male,Forbes, C. J.,un
ns1:discourse_type
Legal Document
Word Count :
7136
Plaint Text :
ns1:register
Government English
ns1:texttype
Legal English
ns1:localityName
http://dbpedia.org/resource/New_South_Wales
Created:
1825
Identifier
1-265
Source
Bennett, 1979
pages
58-69
Document metadata
Extent:
39992
Identifier
1-265-raw.txt
Title
1-265#Raw
Type
Raw

1-265-raw.txt — 39 KB

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<source><g=m><o=b><age=un><status=1><abode=un><p=nsw><r=gen><tt=lg><1-265>
Now, therefore, in execution of the power and authority in me vested, by the said order of His Majesty in Council, it is ordered as follows: - [59] 
1. That the respective rules and orders, forms, and manner of practice, and of proceeding in His Majesty's Superior Courts at Westminster, that is to say, in the Courts of King's Bench, Exchequer, and High Court of Chancery, and in the Ecclesiastical Court within the Diocese of London, called the Consistory Court, shall, from and after the date of this order, be adopted and followed in the exercise of the several jurisdictions of the said Supreme Court of New South Wales, so far as the circumstances and condition of the said colony shall require and admit, and so far as such rules, orders, and forms of practice, shall or may not be herein or at any time hereafter altered by some rule or form specifically provided and adapted to the conduct of business in the said Supreme Court.
2. That the proceedings of the said Supreme Court, within its several and respective jurisdictions as aforesaid, be commenced and continued in a distinct and separate form.
3. That such and the like fees as are established by law, or sanctioned by usage, and received for the conduct of business in the said several courts in England, be taken and received by the several officers and practitioners for the conduct of business in the Supreme Court of New South Wales, and that no other fees be taken or received: Provided always, that no duty shall be charged or allowed in any case for stamps. (See further, as to costs, Rule 58.)
4. Appointing the terms. (See Rule 14.)
5. That the office of the said Supreme Court be open every day, both during term and in vacation, for the issuing of process, the filing of pleas, petitions, and affidavits, and the doing and performing of all other necessary acts and things in the said office; and that all writs, &c. (The subsequent part revoked.)
6. Filing plaints, &c.
7. That all writs, summonses, or other process, to compel the appearance of any person residing within the town of Sydney, or within eight miles thereof, shall not have less than six days between the day of issuing the same and the return thereof; or, if such person shall reside within the townships or districts of Parramatta, Liverpool, or parts immediately adjacent, not less than eight days; or if such persons shall reside within the townships of Wilberforce or Windsor, or the districts of Appin or Airds, not less than twelve days; or, if such person shall reside in any other places, at greater distances than those abovementioned, there shall be such time between the teste or issue, and return of such writ, as (respect being had to distance or local circumstances) may be requisite for the execution thereof, and as the Chief Justice shall order. (Subsequent part revoked.)
8. Setting down cases for trial. (See Rule 29.)
9. It is ordered, that so much of the Rules of Practice of the Supreme Court, made and published by the Chief Justice, on the twenty-second day of June, in the year of Our Lord one thousand eight hundred and twenty-five, as relates to the following particulars, namely, the fixing of the terms; the teste and return of writs, and other process during term; and the allowing of further time to the Sheriff for the return thereof; the filing of plaints, and the entry of causes for argument, hearing, or trial in the clerk's book, shall be, and the same are hereby revoked, from and after the first day of October next; and that the following rules and orders shall then commence and take effect: - [60] 
10. That every action at law, which shall hereafter be commenced in the said court, shall be entered in a short manner, setting forth the form of the action, and the nature of the process which may be required, in a book, to be kept in the office of the Supreme Court for such purpose, and called the "Clerk's Book," and shall be signed by the plaintiff in such action, or by his lawful attorney.
11. That the ordinary process of the said court, to compel the appearance of the defendant in any such action, shall be, by summons, in the following form, namely,
George the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith;
To Our Sheriff of New South Wales, or his lawful Deputy, Greeting; We command you to summon (the defendant or defendants) to appear before Our Supreme Court of New South Wales, at Sydney, on the  day of next; at o'clock in the forenoon, then and there to answer (the plaintiff or plaintiffs) in an action (here set forth the nature of the action, according to the form the same is entered in the clerk's book) as will more particularly be set forth in a declaration, to be then and there exhibited against (him, her, or them). And have you then there this writ.
Witness Esquire, Our Chief Justice of Our said Court, at Sydney, the day of in the year of Our reign.
Registrar of the Supreme Court.
12. That every writ or warrant of arrest in any action as aforesaid, shall he in the following form, namely,
(Titles and attestation as in Rule 11.)
We command you to take (the defendant or defendants) and safely keep (him, her, or them,) so that you have (his, her, or their) body (or bodies) before Our Supreme Court of New South Wales, at Sydney, on the day of next, at o'clock in the forenoon, then and there to answer (the plaintiff or plaintiffs) in an action (here set forth the general nature of the action, according to the form the same is entered in the clerk's book) as will more particularly be set forth in a declaration to be then and there exhibited against (him, her, or them). And have you then there this writ.
13. That all such writs and process as aforesaid shall be made returnable on the first lawful day, in the respective months of February, May, August, and November, in every year, provided there shall be the number of days between the issuing of such process, and the return thereof, required by the aforesaid rules and orders of the said court; and that the court shall be held, as of term, for the return of such process: Provided also, that in case there shall not be the requisite number of days between the issuing of such writ, and the next ensuing return day, to admit of the service and return thereof, as directed by the before recited rules and orders, and it shall be made to appear, to the satisfaction of the Chief Justice, or any judge of the said court, that the case is urgent, or that material injury may be sustained by delay, then, and in such case, the said judge may, under such terms as shall be deemed equitable, allow such process to be made returnable on the first day in the next ensuing term. [61] 
14. That there shall be four months in each year, which shall be called the terms of the said court; and the said terms shall be the months of March, June, September, and December, and shall commence and determine on the first and last days of the said months respectively:
Provided, that if the said months shall commence or end upon Sunday, the said terms shall commence the Monday following, or end the Saturday preceding: and that each of the said terms shall be divided into four weeks, and the first week in each term shall be computed from the first day of such term to such day week, and so on till the completion of four weeks; and every day, which may then remain over, shall be reckoned as of the last week of such term.
15. That as often as any defendant shall be arrested by the process of the said court, and shall give bail to the Sheriff, or his Deputy, the condition of the bail bond shall be, that such defendant shall appear in such action (according to the exigency of the writ), and if he shall be condemned in the same, he shall satisfy the costs and condemnation money, or render himself to the custody of the Sheriff, or that his bail will do it for him.
16. That in all cases in which bail shall be taken as before directed, the Sheriff, or his Deputy, shall return the names and description of such bail, on or before the return day of the writ, and the same shall be minuted in the clerk's book, under the entry of the action; of which said bail no further notice shall be necessary; and if the plaintiff shall intend to except to such bail, such exception shall be entered in the clerk's book, and notice thereof given to the defendant, and also to the Sheriff respectively, within fourteen days after the return day of the writ; and, in case such exception shall not be entered, and notice thereof given as aforesaid, the said bail shall become absolute, and the Sheriff shall be discharged from all further liability for the appearance of such defendant; and all further proceedings, in respect of justifying, or amending such bail, may be had before any judge at Chambers, or by the order of such judge, before any Commissioner duly appointed for such purpose.
17. That as often as any defendant shall be arrested by the process of the said court, he may be rendered at any time after the return of the writ, by producing his body at the said court, or before a judge at Chambers, and delivering him into custody of the Sheriff, or his Deputy; which render shall be entered in the clerk's book, and no further notice thereof shall be required, and the conditions of the bail bond shall thereupon be deemed satisfied: Provided, however, that in case of such render being made after proceedings commenced upon the bail bond, such bail shall not be discharged without payment of the costs incurred thereby.
18. That as often as any defendant, against whom any process of the said court shall have issued, shall appear thereto, such appearance shall be entered in a brief form, in the office of the Supreme Court, in the clerk's book, under the entry of the action appeared to; and when any such defendant, after being duly served with such process, shall fail to appear on the day required by such process, the plaintiff may cause an appearance to be entered for such defendant, in like manner as aforesaid, and proceed as if such defendant had duly appeared in the said court.
19. That as often as the process of the said court shall be issued, to compel the appearance of two or more defendants, and one or more of such defendants cannot be found, or otherwise served with such process, upon a return to such effect being made by the Sheriff, or his Deputy, and verified upon oath, the Chief Justice, or any judge of the said court, may order the Sheriff to cause notice of the action, commenced against such defendant or defendants, to be inserted in the Sydney Gazette (or other official newspaper for the time-being), which notice shall set forth, in a brief manner, the names of the parties and the nature of the action, and shall require the defendant or defendants, upon whom such process may not have been served, to appear at a certain future day, and answer the said action; and if, at such day, such defendant or defendants shall fail to appear, according to such notice, the plaintiff may, upon due proof thereof, enter a suggestion to such effect in the said court, and the same shall be minuted in the clerk's book; and the plaintiff may thereupon proceed in such action, in like manner, as if such defendant or defendants had been outlawed, by due course of law. [62] 
20. That on or before the day appointed for the return of the writ or process, in any such action as aforesaid, the declaration, or particulars of demand, shall be filed in the office of the Supreme Court; and the clerk of the said court shall mark, on the back of such declaration, or particulars of demand, the day on which the same may have been filed, and likewise minute the same in the clerk's book; and in case such declaration, or particulars of demand, shall not be filed within the time hereby limited, then a non-suit may be entered against the plaintiff in such action.
21. That in any action at law as aforesaid, the plaintiff may, in the place and stead of a declaration, file an account of the particulars of his demand, in all cases where such particulars are required by the practice of the Court of King's Bench at Westminster; and such particulars shall be subject to the same rules, as are observed in reference to the form and qualities of particulars of demand by the said Court of King's Bench; and, in all other cases, the plaintiff may file a short declaration, setting forth, in a plain, simple, and compendious manner, the true cause for which the plaintiff brings his action, and particularly avoiding all superfluous forms and unnecessary matter.
22. That in actions of trespass, and trespass on the case, the plaintiff shall not be liable to be non-suited, nor shall a demurrer be allowed, for any mistake in the form only of any such action; but the same may be amended as of course at any time, and in any stage of the cause, without payment of costs.
23. That after the declaration, or particulars of demand, shall be filed, as hereby ordered, and within eight days inclusive after the return day of the writ, the defendant in such action shall file his plea, demurrer, or defence to such action, in the office of the Supreme Court; and the defendant shall, in all cases, be bound to abide by such plea, demurrer, or defence, without any motion or rule of court for such purpose; and the clerk of the said court shall mark, on the back of such plea, demurrer, or defence, the day whereon the same was filed, and also minute the same in the clerk's book; and in case such plea, demurrer, or defence, shall not be filed within the time hereby limited, then judgment, by nil dicit, may be entered against such defendant: Provided, however, that the Chief Justice, or any judge of the said court, may, upon good and sufficient cause being shewn, allow further time for pleading, in any particular cause, by order to be made at Chambers, and under such terms as may be deemed equitable, so as application for such further time, be made before the expiration of the time herein-before limited for filing such plea, demurrer, or defence. [63] 
24. That as often as the nature of the defence, intended to be relied on, will admit of a general denial of the plaintiffs cause of action, the defendant in such action may, instead of a special plea, plead the general issue, and file notice of the special matter upon which he intends to insist in evidence; and such notice shall conform, as nearly as may be, to the like form and requisites, and shall be subject to the same rules, as are made and observed in reference to notices of set-off by the Court of King's Bench at Westminster; and no evidence shall be admitted of any particulars, or matters of defence, not included in such notice: Provided, however, that if any new matter shall arise in the course of the trial, and it shall appear, that evidence of such new matter may be received, without prejudice to the plaintiff, and the justice of the case, the judge at the trial may allow the defendant to amend his said notice, and admit evidence of such new matter as aforesaid.
25. That after plea, demurrer, or defence shall be filed as hereby ordered, and within twelve days inclusive, after the return day of the writ, the plaintiff shall file his replication, or demur, or join in demurrer to such plea; and every such replication shall be made to conform, as nearly as the case will admit, to the form and manner hereinbefore directed for the plea or defence; and after the filing such replication, or demurrer, or joinder in demurrer, and within sixteen days inclusive after the said return day, the defendant shall, in like form and manner, file his rejoinder; and thereupon the cause shall be considered to be at issue, and may be set down for hearing, or trial, as the case may require at the ensuing term; and if any further pleading shall be necessary, the same shall be filed, with as little delay as possible, or in default thereof, shall be delivered ore tenus at the trial, and shall be briefly minuted by the parties or their attornies in open court, under the direction of the judge, and shall be signed by the parties respectively, or their attornies, and filed with the other pleadings in such cause. And in case either party shall fail to reply, demur, or join in demurrer, or rejoin, within the time respectively limited for such purpose, the adverse party may have judgment of non pros or nil dicit as the case may require: Provided, however, that the Chief Justice, or any judge of the said court, may, on good and sufficient cause shewn, and upon such terms as such judge may think equitable, allow further time for replying, demurring, or rejoining in any particular clause, by order to be made at Chambers, and minuted in the clerk's book, so as application for such further time be made before the expiration of the time hereby appointed, for replying, demurring, or rejoining respectively.
26. That in all cases where, from the nature of any action, the general form of declaring or pleading, hereinbefore directed, may be sufficient to maintain or defend such action, and shall be so signified by the Judge before whom the same shall be tried, no more or higher costs shall be allowed, than would have been allowed in case the general form of pleading, ordered by these rules, had been observed.
27. That the parties, plaintiff and defendant, in every such action as aforesaid, shall be bound to take notice of the respective days herein-before appointed and limited for the filing of the several pleadings in such action; and that no notice, or copy, or service, or rule, or demand of any such pleading shall, in any case, be necessary or allowed in taxing costs.
28. That as often as any cause shall be at issue on any matter of law or of fact, the party desiring to have the same argued or tried, as the case may require, shall, at least eight days before the next ensuing term, if the cause shall he at issue before term, or at any time in term, if issue shall be joined during term, make application, in writing, to the clerk of the Supreme Court, to have such cause entered for argument or trial, in which application shall be expressed the day (such day being made conformable to the rules of the court) on which such party does intend, and will be prepared, to argue or try the same; and if the party, by whom such application shall be filed, shall not proceed to argue or try such cause accordingly, he shall (unless upon good cause shewn to the contrary) pay such costs to the opposite party, as he shall have incurred thereby; and the daily attendance of the attornies, during the time any cause may stand in the paper for trial, as well as on the trial of such cause, shall be reckoned for three attendances, and no more shall be allowed in taxing costs. [64] 
29. That the clerk of the court shall, immediately after the receipt of any application as aforesaid, prepare a paper or list, in which the several causes for argument or trial shall be entered, from time to time, and according to the priority of such application; and such list shall be fixed up in some public part of the office of the said court, and shall be of the like force and effect as notice of trial duly served on the opposite party; and the said causes shall be called on, heard, and tried according to the order in which they shall have been entered by the clerk as aforesaid, unless the court shall make other rule or order therein.
30. That when any cause shall be entered for trial as hereby ordered, and the defendant shall intend to move the court to have such trial postponed to a future day, such defendant shall, at least two days before the ensuing term, if the cause shall be at issue before term, or at any time in term, if issue shall be joined during term, file a notice of his intended motion in the office of the Supreme Court; and, at the same time, file an affidavit, of the grounds, on which such motion is about to be made; and, in all cases where either party shall move to postpone the trial of any cause, on account of the absence of a material witness, the affidavit shall specially set forth the nature of the evidence to which it is intended that such absent witness shall be examined, and such other circumstances as may satisfy the court, that such witness may be material, and that there is reasonable expectation of procuring his attendance at the time to which the trial is prayed to be postponed, and that there have been no laches or neglect on the part of such party: Provided, however, that if the circumstances upon which any such motion as aforesaid may be made, shall not have become known to the party making such motion, in sufficient time to admit of the same being made within the time hereby limited for filing such notice and affidavit as aforesaid, the court, upon being satisfied thereof, may allow such trial to be postponed.
31. That all motions for postponing the trial of any issue joined before term as aforesaid, shall be made, and cause, if any, shewn against the same, on the first day of the ensuing term, unless the court may specially appoint some other day for such purpose; and when issue shall be joined in term such motion may be made, on any convenient day, during the said term.
32. That in any cause now depending, or which shall at any time hereafter be commenced in the said court, if any witness in such cause shall be about to depart from New South Wales, and may thereby be prevented from attending at the trial of such cause, a summons, under the hand of the Chief Justice, or any judge of the said court, shall issue, at the request of the plaintiff or defendant, at any stage of the cause, to such witness, so about to depart, requiring his attendance at a certain day, hour, and place, named in such summons, to give testimony in such cause; and such summons shall be served upon such witness at least twelve hours before the time appointed for his examination; and notice of such summons, specifying the name of the witness, and the day, hour, and place of his attendance, shall, within the like time, be served upon the opposite party; and the depositions of such witness shall be taken viva voce, in the presence of the party or parties attending, by the judge, or in his absence by the Master of the said court, or other person specially appointed for such purpose, and shall be immediately sealed up, and indorsed, and filed in the office of the said court, with the other proceedings in such cause; [65] and, in case the opposite party shall neglect to attend such examination, the service of such notice as aforesaid, shall be proved, upon oath, before the judge or Master, or other person appointed as aforesaid, and shall be certified, together with such depositions; and, if at the time of the trial of such cause, such witness shall not be in attendance the depositions of such witness taken and filed, in manner as aforesaid, shall be allowed and read, and shall be deemed good and competent evidence at any trial or hearing between the parties in such cause.
33. That if any witness in any cause now depending, or hereafter to be commenced in the said court, shall be beyond the seas, or aged, or infirm, or otherwise disabled from attending the trial of such cause, the Chief Justice, or any judge of the said court, shall, at the request of the plaintiff or defendant, in any stage of such cause, grant a commission for the examination of such witnesses, de bene esse in like manner and form as commissions for the examination of witnesses, on interrogatories, are granted by the Court of King's Bench at Westminster; and such examination, being duly taken and returned, shall be allowed and read, at any trial or hearing, between the parties in such cause.
34. That on the days respectively appointed for hearing or trying any cause as aforesaid, the clerk of the said court shall carry into court the original pleadings in such cause, together with his book of minutes relating thereto; and such pleadings shall be in the place of, and of the like force and effect as, a record of nisi prius regularly made up and passed.
35. That all issues in law, joined in manner as aforesaid, before term, shall be argued, and judgments of non-suit, or by nil dicit, shall be given, in the first week in the ensuing term; and all such issues joined during term shall be argued, and such judgments given, in the last week in such term; and in all cases of judgment by nil dicit, or on demurrer, the court shall proceed forthwith to enquire into and assess damages therein, and final judgment may be entered immediately, unless stayed by the court.
36. That all issues in fact, joined in manner as aforesaid, before term, shall be tried in the second and third weeks of the ensuing term; and all such issues joined during term shall be tried in such week after term, as the court shall, from time to time, specially appoint for such purpose.
37. That all verdicts, which shall be found on any issue in fact, joined as aforesaid, shall be immediately noted down by the clerk, and read in open court; and shall be entered in the clerk's book, next after the entry of the several pleadings; and, where a special verdict shall be found, the notes of such special verdict shall immediately be drawn by counsel for the respective parties; and in case any difference shall arise, the court shall settle such special verdict, upon the facts found by the assessors or jury. [66] 
38. That as often as the plaintiff or defendant, in any action which shall have been tried during term, shall intend to move for a new trial, or in arrest of judgment, he shall file a notice of such intention in the office of the Supreme Court, on or before the last day of the third week, in each term; or in case such action shall have been tried after term, such notice shall be filed before the first day of the next ensuing term; and the clerk of the court shall mark on the back of every such notice, the day on which the same shall be filed; and such notice shall set forth, in a brief manner, the grounds on which such motion is intended to be made; and the filing of such notice as aforesaid shall be of the like force and effect as the service of a rule nisi on the adverse party; and if the party intending to move for a new trial, or in arrest of judgment as aforesaid, shall fail to file such notice within the time, and in the manner hereby appointed for such purpose, judgment, as the case may require, may be signed at any time, without any rule or other notice in such respect.
39. That all motions for new trials, and in arrest of judgment, and all special cases stated, and points reserved at the trial of any issues, shall be heard in the last week of the term in which the trial of the cause was had; or if such trial was had after term, such motions shall be heard in the first week of the next ensuing term: Provided, however, that the court may, for convenience, postpone the hearing or determining of any such motion as aforesaid, to any future day; and if such future day shall be out of term, the same shall be considered of the preceding term; and the court may proceed to pass judgment, or make such order in the premises, as it might have done during term; and such proceeding shall be entered and entitled as of the last day of the preceding term.
40. That immediately after judgment shall be pronounced in any such action as aforesaid, it shall be entered in the clerk's book, and such entry shall set forth the debt, damages costs or thing recovered, and the day on which such judgment was pronounced. And the party obtaining such judgment, shall, before execution, file in the office of the Supreme Court, a roll of such judgment, wherein shall be set forth, in a compendious manner, the substantial parts only of the proceedings; viz, the style of the court, the term and time of signing judgment, the names of the parties, and of their respective attornies, the nature of the action, the material parts of the pleadings, and the judgment of the court.
41. That whenever the plaintiff shall become non-suit, or discontinue his action, without the consent of the defendant, such defendant may have his costs taxed, at any time after such non-suit, or discontinuance; and may proceed to recover the same, either by attachment or execution.
42. That execution may be taken out at any time after judgment obtained, and entered as aforesaid (unless in cases where an appeal from such judgment may be allowed and duly entered); which execution shall be tested in the name of the Chief Justice, for the time being, and signed by any judge of the said court.
43. That all writs of execution shall not be returnable in less than one month from the day of issuing any such writ, if the same shall require to be executed in Sydney, or within forty miles thereof; and if the same shall require to be executed above forty miles from Sydney there shall be such time between the issuing and returning of any such writ, as, from circumstances, may be requisite for the execution thereof, and as shall be ordered by any judge of the said court. [67] 
44. That upon every writ of execution the sum bona fide due, shall be endorsed by the party, or his attorney, suing out such writ, before the same shall be delivered to the Sheriff, or his Deputy; and the Sheriff shall be required to levy accordingly: and if a larger sum be so endorsed than shall be bona fide due, restitution shall be awarded by summary application to the court, and the levy fees for the surplus shall be paid out of the plaintiff's own pocket.
45. That every plaintiff who hath obtained, or shall hereafter obtain judgment, for any penalty, shall, at the time of taking out execution, besides endorsing the sum that may be claimed as due on such execution, deliver into the office of the said court, an account of what is justly and bona fide due to him, attested upon oath before the Chief Justice, or any judge of the said court, if such plaintiff shall be within the colony of New South Wales, or if such plaintiff shall be absent from the colony, such account shall be delivered and attested by the agent or attorney of such plaintiff, according to the best of his knowledge and belief; and until such account shall be attested and delivered as aforesaid, execution shall be stayed.
46. That in all cases where execution shall issue, and the defendant shall allege that his freehold lands or tenements levied on, are more than sufficient to satisfy such execution, the defendant may point out to the Sheriff, or his Deputy, at any time before the day of sale, what part or parts of such lands or tenements he will have first sold and the same shall be first sold accordingly; but if such parts shall not be sufficient to satisfy such execution, then the Sheriff, or his Deputy, shall proceed, on the same day, to sell the whole of the defendant's lands or tenements, or such other parts thereof, as shall be sufficient to satisfy the debt and all costs thereon; and the Sheriff, or his Deputy, shall in all cases pay back to the defendant, or his attorney, the surplus, if any, arising from any levy, within six days after he shall have received the same.
47. That all writs of scire facias shall be made returnable within the time herein-before ordered for the return of process, to compel the appearance of any defendant, and a copy of every such writ shall be served upon the defendant, without any summons, and upon proof of such service shall amount to a scire feci; and in case the defendant cannot be found, or service otherwise duly performed, the Chief Justice, or any judge of the said court, may order the Sheriff to cause notice of such writ to be inserted in the Sydney Gazette, or other official newspaper, requiring such defendant to appear at a certain day, and shew cause according to the exigency of such writ; and if such defendant shall fail to appear, according to such notice, such default shall be as sufficient to found a judgment, as two nihils returned, by the law and practice of the King's Courts at Westminster.
48. That every writ of scire facias served or notified as herein-before ordered, shall be in the place and stead of a declaration; and any defendant, who shall appear to such writ, shall within the like time as hereinbefore limited for filing pleas, either plead such matter as he may have to allege why execution should not be issued, or shew the same for cause, in like manner and form as in ordinary cases of shewing cause against any rule of court. [68] 
49. That as often as the bail bond, herein-before ordered to be taken, shall become forfeited, the same shall be filed in the said court, and a writ of scire facias shall issue against such bail, in like manner as if such bail had become bound by recognizance in court.
50. That where judgment by default shall be obtained against any person, who, at the time of such judgment, shall have been absent from New South Wales, and such person shall, at any time within two years after the passing of such judgment, appear before the said court, and allege that more money hath been levied under such judgment than was due, the court shall, in a summary way, proceed to enquire into the case; and if it shall be proved that more money hath been so levied or paid than was justly due, the court shall order the surplus, together with the levy fees thereon, to be restored by the plaintiff; and upon his refusal to make such restitution, the sum so ordered to be restored, together with costs, shall be levied by execution.
51. That where judgment shall pass by default against any infant, or person being non compos mentis, such judgment may be enquired into, and set aside, in the like summary manner, by the said court, at any time within five years after such disability shall be removed; provided, however, that no such summary proceeding shall be allowed in cases where, by the laws of England, infancy is not assignable for error.
52. That judgment shall in no case be entered upon any warrant of attorney, which shall bear date, or be executed after the first day of December next ensuing the publication of these rules, unless such warrant of attorney shall be executed in the presence of an attorney, duly admitted in this court, or in the presence of some Justice of the Peace, residing within or near the district or place where such warrant of attorney shall be executed; and such attorney, or Justice of the Peace, respectively, shall subscribe his name to such warrant of attorney, and shall, previous to the execution thereof, caution the party about to execute the same, as to the nature and consequences of his act.
53. That in any action, suit, or other proceeding whatsoever already, or hereafter to be commenced in the said court, if the plaintiff or defendant shall happen to die at any time before final judgment, the heirs, executors, or administrators of the party so dying, according as the case may require, may have a rule against the opposite party (either in term or during vacation), to shew cause why such heirs, executors, or administrators, should not be made parties to such action, suit, or other proceeding, in the place and stead of the party dying as aforesaid; and if such action, suit, or other proceeding might have been originally prosecuted or maintained by or against the heirs, executors, or administrators of the party dying as aforesaid, and any right, liability, or interest in respect thereof, shall or may have descended or survived to or against any such heirs, executors, or administrators, the said court, or judge at Chambers, may, in the discretion of such court or judge, and under such terms as shall appear equitable, order such heirs, executors, or administrators, to be made parties to such action, suit, or other proceeding as aforesaid; and thereupon a suggestion of the death of the original party, and the admission of his heirs, executors, or administrators in his stead, shall be entered in the clerk's book, and such action, suit, or other proceeding, shall be continued in like manner, as if such heirs, executors, or administrators, had been originally parties thereto. [69] 
54. That as often as any plaintiff or defendant in any such action, suit, or other proceeding, being a feme sole at the commencement of such action, suit, or other proceeding shall afterwards intermarry, it shall be lawful for the plaintiff or defendant, to have a rule, in like manner, and to the like effect as herein-before ordered with respect to persons dying; and for the said court, or judge at Chambers, to permit the husband of such plaintiff, or defendant, to be made party to such action, suit, or other proceeding, either jointly with his wife, or alone, as the case may require; and thereupon a suggestion shall be entered to such effect, and the said action, suit, or other proceeding shall be continued in like manner, as if the husband of such plaintiff or defendant, so marrying as aforesaid, had been originally party thereto.
55. That no action, suit, process, or other matter pending in the said Court, shall abate, or be discontinued, or put without day, through the absence of the Chief Justice, or any other Judge of the said Court, but every such action, suit, process, or other pending matter, shall be continued to any future day, on which the Chief Justice, or other Judge, may hold Court, as of the day whereon the Court was originally intended to be holden.
56. That no motion, petition, rule, or order shall be allowed, in any case, where, by the practice of the King's Courts at Westminster, such motion, petition, rule, or order might be made or had as of course; but that every act, matter, or thing, which might be had, or done in any cause, upon such motion or petition without notice, shall be had or done without any such motion, petition, rule, or order, and that in any case any such motion, petition, rule, or order, shall be made or had, the same shall be disallowed in taxing costs.
57. That the foregoing rules and orders, being made for the convenience of parties in the ordinary course of proceeding in the said court, and with a view to promote economy and dispatch, by avoiding all unnecessary and vexatious forms, in the spirit of such view, and in furtherance thereof, the court may, from time to time, dispense with any particular rule that may be attended with inconvenience or hardship to either of the parties, and may make such special order, in any particular case, or in any stage of the proceedings, as shall be within the power of the court, and may facilitate the ends of justice.
58. That the fees and costs of all proceedings, not comprehended within the before-mentioned rules and orders of the said court, made on the 22nd day of June, 1825, shall, until a particular schedule shall be made and published, be taxed, as nearly as may be, according to the rate of fees and costs allowed and taxed in other proceedings in the said court.
59. That the said court shall hold its sessions in four certain months in every year, for the hearing and determining of crimes and misdemeanors, and the delivery of the gaols (or oftener as occasion shall require); and the said months shall be February, May, August, and November respectively; and the said court shall sit on such days of the said months, as may, from time to time, be convenient, and shall be appointed for such purpose.
60. That writs certiorari, for the removal of all proceedings in criminal matters, before Justices of the Peace, in or out of sessions, may be moved for and returned, at any time during the said months of February, May, August, and November respectively; and the same shall, for such purpose, be considered as of term.
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http://ns.ausnc.org.au/corpora/cooee/source/1-265#Raw