RULE I.

PRINTING OF INFORMATIONS. [Consolidated Chancery Orders, IX. 3; 29 Law J. Rep. (N.S.) page 12.]

1. Informations shall be printed on cream wove machine drawing foolscap folio paper, 19 lb. per mill ream, in pica type, leaded, with an inner margin about three-quarters of an inch wide, and an outer margin about two and a half inches wide, and dates and sums occurring therein shall be expressed in figures instead of words. Every Information shall be divided into paragraphs, numbered consecutively.

[Ibid. XL. 19; 29 Law J. Rep. (N.S.)
page 40.]

2. The payment to be made by a defendant for such printed copies of the Information as he requires, shall be at the rate of one halfpenny per folio of 72 words.

RULE II.

SERVICE OF COPY OF INFORMATION AND
APPEARANCE.

[Consolidated Chancery Orders, X. 3; 29 Law J. Rep. (N.S.) page 13.]

1. Where a defendant within the jurisdiction of the Court is served with a copy of an Information in manner provided by "The Crown Suits, &c. Act, 1865," he must appear thereto within eight days after the service of such copy.

[Ibid. X. 4; 29 Law J. Rep. (N.S.) page 13.]

2. Where any defendant, not appearing to be an infant or a person of weak or unsound mind, unable of himself to defend the suit, is, when within the jurisdiction of the Court, duly served with a copy of the Information, in manner provided by "The Crown Suits, &c. Act, 1865," and refuses or neglects to appear thereto within eight days after such service, the Informant may, after the expiration of such eight days, and within three weeks from the time of such service, apply to the Queen's Remembrancer to enter an appearance for such defendant, and no appearance having been entered, the Queen's Remembrancer shall enter such appearance accordingly, upon being satisfied by affidavit that the copy of the Information was duly served; and after the expiration of such three weeks, or after the time allowed to such defendant for appearing has expired, in any case in which the Queen's Remembrancer is not hereby required to enter such

appearance, the Informant may apply to the Court or a Judge for leave to enter such appearance for such defendant, and the Court or Judge being satisfied that the copy of the Information was duly served, and that no appearance has been entered for such defendant, may, if it seem fit, order the same accordingly.

[Ibid. X. 5; 29 Law J. Rep. (N.S.) page 13.]

3. Any appearance entered at the instance of the Informant for a defendant, who at the time of the entry thereof is an infant or a person of weak or unsound mind, unable of himself to defend the suit, shall be irregular and of no validity.

[Ibid. VII. 3; 29 Law J. Rep. (N.S.) page 11.]

4. Where, upon default made by a defendant in not appearing to or not answering an Information, it appears to the Court or a Judge that such defendant is an infant or a person of weak or unsound mind not so found by inquisition, so that he is unable of himself to defend the suit, the Court or a Judge may, upon the application of the informant, order that some proper person be assigned guardian of such defendant, by whom he may appear to and answer or appear to or answer the Information and defend the suit. But no such order shall be made unless it appears on the hearing of such application that a copy of the Information was duly served in manner provided by "The Crown Suits, &c. Act, 1865," and that notice of such application was, after the expiration of the time allowed for appearing to or for answering the Information, and at least six clear days before the day in such notice named for hearing the application, served upon or left at the dwelling-house of the person with whom or under whose care such defendant was at the time of serving such copy of the Information, and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwelling-house of the father or guardian of such infant, unless the Court or Judge at the time of hearing such application shall dispense with such last-mentioned service.

[Ibid. X. 6; 29 Law J. Rep. (N.s.) page 13.]

5. Where the Court or a Judge is satisfied by sufficient evidence that any defendant has been within the jurisdiction of the Court at some time not more than two years before the Information was filed, and that such defendant is out of the jurisdiction, or that upon inquiry at his usual place of abode (if he had any), or at any other place or places where at the time when the Information was filed he might probably have been met with, he could not be

found, so as to be served with a copy of the Information, and that in either case there is just ground to believe that such defendant has gone out of the jurisdiction or otherwise absconded to avoid being served with such copy of the Information or with other process, the Court or a Judge may order that such defendant do appear at a certain day to be named in the order, and a copy of such order, together with a notice to the effect set forth at the end of this clause, may, within 14 days after such order made, be inserted in the London Gazette, and be otherwise published as the Court or a Judge may direct; and where the defendant does not appear within the time limited by such order, or within such further time as the Court or a Judge may appoint, then, on proof made of such publication of the order the Court or a Judge may order an appearance to be entered for the defendant, on the application of the Informant.

"NOTICE. A.B. Take notice, that if you do "not appear, pursuant to the above Order, the "Informant may enter an appearance for you, "and the Court may afterwards grant to the "Informant such relief as he may appear to be "entitled to on his own shewing."

[Ibid. X. 7; 29 Law J. Rep. (N.s.) page 13.] 6. Where a person named as a defendant to an Information is out of the jurisdiction of the Court.

(1.) The Court or a Judge, upon application supported by sufficient evidence in what place or country such defendant is or may probably be found, may order that a copy of the Information, and if an answer is required, a copy of the interrogatories, may be served on such defendant in such place or country, or within such limits, as the Court or Judge shall think fit to direct. (2.) Such order shall limit a time after such service within which such defendant is to appear to the Information, such time to depend on the place or country within which the copy of the Information is to be served; and where an answer is required such answer shall also limit a time within which such defendant is to plead, answer, or demur, or obtain further time to make his defence to the Information. (3.) At the time when such copy of the information shall be served, the Informant shall also cause such defendant to be served with a copy of the order giving the Informant leave to serve such copy of the Information.

(4.) And if upon the expiration of the time for appearing it be shewn to the satisfaction of the Court or a Judge that such defendant was duly served with such copy

of the Information, and with a copy of the order, the Court or Judge may, upon the application of the informant, order an appearance to be entered for such defendant.

[Ibid. X. 9; 29 Law J. Rep. (N.s.) page 14.]

7. A defendant, notwithstanding that an appearance may have been entered for him by the Informant, may afterwards enter an appearance for himself in the ordinary way, but such appearance by such defendant shall not affect any proceeding duly taken or any right acquired by the Informant under or after the appearance entered by him, or prejudice the Informant's right to be allowed the costs of the first appearance.

[Ibid. III. 5; 29 Law J. Rep. (N.S.) page 8.]

8. Every party defending in person shall cause to be written or printed upon every demurrer, plea, answer, or other pleading or proceeding, and upon all instructions which he may leave at the Queen's Remembrancer's office for any appearance or other purpose, his name and place of residence, and also (if his place of residence shall be more than three miles from the Queen's Remembrancer's office) another proper place (to be called his address for service), which shall not be more than three miles from the said office, where writs, notices, and other documents, proceedings, and written communications may be left for him.

RULE III.

AMENDMENT OF INFORMATIONS. [Consolidated Chancery Orders, IX. 18; 29 Law J. Kep. (N.S.) page 12.]

1. Where in amending an Information no addition or insertion of more than 180 words in any one place is made, the Information may be amended by written alterations in the printed information which has been filed, and by written additions on paper to be interleaved therewith, if necessary, but in all other cases the amendment must be made by a reprint of the Information.

2. The practice of amending a defendant's copy of the Information shall with respect to Informations filed after these Rules come into operation be abolished.

[Ibid. IX. 20; 29 Law J. Rep. (N.S.) page 12.] 3. A copy of an amended Information, whether upon an amendment by a reprint, or by such alterations and additions as mentioned

in the first clause of this rule, shall be served upon the defendant or his solicitor, and such copy may be partly printed and partly written, if the amendment is not made by a reprint; and in every case the copy to be served shall be first so marked by the proper officer of the Court as to indicate the filing of such amended Information, and the date of the filing or amendment thereof.

[Ibid. IX. 21; 29 Law J. Rep. (N.S.) page 13.]

4. Where a defendant defends by a solicitor, service upon such solicitor of a copy of the amended Information, whether wholly printed or partly printed and partly written, shall be good service on such defendant.

[Ibid. IX. 22; 29 Law J. Rep. (N.S.) page 13.]

5. Where a defendant defends in person, service at the address for service of such defendant of a copy of the amended Information, whether wholly printed or partly printed and partly written, shall be good service on such defendant.

RULE IV. INTERROGATORIES.

[Consolidated Chancery Orders, XI. 2; 29 Law J. Rep. (N.S.) page 15.]

1. Where the Informant requires an answer to an information from any defendant or defendants thereto, the Interrogatories for the examination of such defendant or defendants shall be filed within eight days after the time limited for the appearance of such defendant or defendants.

[Ibid. XI. 3; 29 Law J. Rep. (N.S.) page 15.]

2. After the expiration of eight days from the time limited for the appearance of any defendant, no interrogatories shall be filed for the examination of such defendant without the special leave of the Court or of a Judge, granted upon hearing the parties.

[Ibid. XI. 4; 29 Law J. Rep. (N.S.) page 15.]

3. Where a defendant required to answer appears in person or by his solicitor within the time limited for that purpose by the rules of the Court, the Informant shall, within eight days after the time allowed for such appearance, deliver to such defendant or to his solicitor a copy of the interrogatories so filed as aforesaid, or of such of them as the particular defendant is required to answer; and the copy so to be delivered shall be examined with the original

by the clerks of the Queen's Remembrancer, and they, on finding that the same is properly written, shall mark the same as an office copy.

[Ibid. XI. 5; 29 Law J. Rep. (N.s) page 15.]

4. Where a defendant to a suit does not appear in person or by his own solicitor within the time allowed for that purpose by the rules of the Court, and the Informant files interrogatories for his examination, the Informant may deliver a copy of such interrogatories so examined and marked as aforesaid to such defendant, at any time after the time allowed to such defendant to appear, and before his appearance in person or by his own solicitor, or the Informant may deliver a copy of such interrogatories so examined and marked as aforesaid to the defendant or his solicitor after the appearance of such defendant in person or by his own solicitor, but within eight days after such appearance.

2. A defendant required to answer an Information, whether original or amended, must put in his plea, answer, or demurrer thereto, not demurring alone, within twenty-eight days from the delivery to him or his solicitor of a copy of the interrogatories which he is required to answer, or within such further time as the Court or a Judge may allow.

If he does not he is subject to the following liabilities:

(1.) An Attachment may be issued against him.

(2.) If the Sheriff takes the defendant under the attachment, and accepts bail, and makes his return accordingly, the informant may by motion of course obtain an order directed to the tipstaff of Her Majesty's Court of Exchequer, to bring the defendant to the bar of the Court, and upon the defendant's being brought to the Court the Court may, if it think fit, absolutely commit him to Whitecross Street Prison until he has put in his answer. (3.) If the Sheriff under the Attachment arrests the defendant, and sends him to

this Rule, a defendant is to be at liberty to swear to and file a printed answer.

6. On receiving from the Informant a demand for an official and certified printed copy of the answer, the defendant is to get a printed copy thereof examined by the clerks of the Queen's Remembrancer with the answer as filed, and to stamp such copy with a stamp for 58.; and the clerks of the Queen's Remembrancer, on finding that such copy is duly stamped and correct, are to certify thereon that the same is a correct copy, and to mark the same as an office copy.

7. Such copy is, on demand, to be delivered to the Informant, who on receipt thereof is to pay to the defendant the amount of the stamp thereon, and at the rate of 4d. per folio for the

same.

8. The Informant is also to be entitled to demand and receive from the defendant any additional number of printed copies of his answer not exceeding ten, on payment for the same at the rate of one halfpenny per folio.

9. After all the defendants who are required to answer shall have filed their answers, a co-defendant is to be entitled to demand and receive from any other defendant any number of printed copies of his answer, not exceeding six, on payment for the same at the rate of one halfpenny per folio.

10. Office copies of schedules to answers of accounts or documents are to be obtained according to the practice now existing for obtaining office copies of answers.

11. The clerks of the Queen's Remembrancer are not to certify or mark any printed copy of an answer which has any alteration or interlineation in writing.

12. No costs are to be allowed for any written brief of an answer, unless the Court or a Judge shall direct the allowance thereof.

13. The clauses of this Rule, other than clause one, are not to apply to answers filed by defendants defending in forma pauperis.

RULE VII.

TAKING INFORMATIONS PRO CONFESSO. [Consolidated Chancery Orders, XXII.; 29 Law J. Rep. (N.S.) page 21.]

1. Upon the execution of an Attachment for want of answer against any defendant, or at any time within three weeks afterwards, the informant may cause such defendant to be

served with a notice of motion to be made on some day in the following term not less than fourteen days after the day of such service, that the information may be taken pro confesso against such defendant, and thereupon, unless such defendant has in the mean time put in his answer to the information, or obtained further time to answer the same, the Court, if it so think fit, may order the Information to be taken pro confesso against such defendant, either immediately, or at such time, and upon such terms, and subject to such conditions as under the circumstances of the case the Court shall think proper.

2. Where any defendant, whether within or not within the jurisdiction of the Court, does not put in his answer in due time after appearance entered by or for him, and the informant is unable with due diligence to procure a writ of attachment or any subsequent process, for want of answer to be executed against such defendant by reason of his being out of the jurisdiction of the Court, or being concealed, or for any other cause, then such defendant shall, for the purpose of enabling the informant to obtain an order to take the Information pro confesso, be deemed to have absconded to avoid or to have refused to obey the process of the Court.

3. Where any defendant who under the 2nd clause of this Rule may be deemed to have absconded to avoid or to have refused to obey the process of the Court appears in person or by his own solicitor, the Informant may serve upon such defendant or his solicitor a notice that on a day in such notice named (being not less than fourteen days after the service of such notice) the Court will be moved that the Information may be taken pro confesso against such defendant; and the Informant must upon the hearing of such motion satisfy the Court that such defendant ought under the provisions of the 2nd clause of this Rule to be deemed to have absconded to avoid or to have refused to obey the process of the Court; and the Court if so satisfied, and if an answer has not been filed, may, if it so think fit, order the Information to be taken pro confesso against such defendant, either immediately or at such time or upon such further notice as under the circumstances of the case the Court may think proper.

4. Where any defendant who under the 2nd clause of this Rule, may be deemed to have absconded to avoid or to have refused to obey the process of the Court has had an appearance entered for him under the 2nd, 5th, or 6th clause of Rule II., and does not afterwards appear in person or by his own solicitor, the informant may cause to be inserted in the