27 allow or disallow or alter the same; and the rules, orders, and forms, or amended rules, orders, and forms, so allowed or altered, shall, from a day to be named by the Lord Chancellor, be in force in every county court:"| And whereas, by virtue and in exercise of the power for that purpose given to the Lord Chancellor by the said recited act, the undersigned James Manning, the Queen's Ancient Serjeant-at-Law, John Herbert Koe, one of her Majesty's Counsel, Edward Cooke, John Worlledge, and William Furner, Esquires, were on the 2nd August, 1856, appointed by the Lord Chancellor to frame such rules and orders as to them should seem expedient for regulating the practice of the courts, and forms of proceedings therein: forth in the schedule, to be responsible for costs, who, on entering into such undertaking, shall be liable in the plaintiff in an ordinary suit; and the cause shall prosame manner and to the same extent as if he were a ceed in the name of the infant by such next friend, and the undertaking shall be filed by the registrar; but no order of the court shall be necessary for the appointment of such next friend. If the plaintiff fail in or discontinue his suit, and do not pay the amount of costs awarded by the court to be paid by him to the defendant, proceedings may be taken for the recovery of such amount from the next friend, as for the recovery of any debt ordered to be paid by the court. Registrar's Duties. 6. The registrar shall keep an office at each place where the court of which he is registrar is holden, and such office shall be kept open every day from ten o'clock in the morning until four o'clock in the afternoon, except on Christmas-day, Good Friday, or any day appointed by royal proclamation for a public fast, In pursuance of the powers thereby vested in us, we, the said James Manning, John Herbert Koe, Edward Cooke, John Worlledge, and William Furner, have framed the following rules, orders, and forms, and we do hereby certify the same to the Lord Chancellor accord-humiliation, or thanksgiving, and except also on Sa ingly. J. MANNING. J. H. KOE. J. WORLLEDGE. 1. The rules of practice and the forms now in use in the county courts, except in proceedings under the Charitable Trusts Acts, shall, on and from the 1st January, 1857, cease to be used, and in lieu thereof the following shall, on and from such day, be the rules, orders, and forms adopted and used in the said courts. Sittings of the Court. 2. Every judge shall appoint the days and hours for holding his courts; and a notice of the day and hour on which each court will be holden shall, three calendar months before the holding thereof, be affixed in some conspicuous place in the court-house and in the registrar's office; and whenever any day or hour so appointed for holding the court shall be altered, notice of such alteration shall immediately be posted in like manner; but any judge may from time to time hold additional and adjourned courts. 3. Two courts shall not be holden before the same judge on one day, unless with the consent of the Lord Chancellor; but this rule shall not apply to the holding of an adjourned court. Interpretation. 4. In these rules the words "home court" shall mean the court from which process is originally issued; and the words "foreign court" shall mean the court of the district into which process is issued from another court; and the words "home district" shall mean the district of the home court; and the words "foreign district" shall mean the district of the foreign court; and the words "on oath" shall mean "on oath vivâ voce or by affidavit;" and unless there be something in the context inconsistent therewith, the provisions of sect. 142 of the 9 & 10 Vict. c. 95, shall apply to the interpreta tion of these rules. Infant. 5. Where an infant applies to enter a plaint for any cause of action, (other than for wages or piece-work, or for work as a servant), he shall procure the attendance of a next friend at the office of the registrar at the time of entering the plaint; and no plaint shall be entered until the next friend has undertaken, in the form set turdays, on which day the office may be closed at one o'clock in the afternoon: provided always, that where Saturday is the market-day of the town in which the court is holden, the office may be closed at one o'clock on some other day of the week instead of Saturday, and when any day is fixed upon for such purpose, it shall not afterwards be changed except by leave of the judge. 7. The registrar shall keep the books in the forms set forth in the schedule; and every entry in such books shall have a number prefixed, corresponding with the number of the plaint to which the entry relates. 8. Whenever the registrar, or his lawful deputy, is absent from the court, the judge shall appoint a deputy to act on behalf of the registrar; and an entry of such appointment and the cause of such absence (if known) shall be made on the minutes of the court. 9. Whenever a registrar appoints a deputy, the reason of such appointment shall be entered on the minutes of each court for which such deputy acts. 10. The duties of acting in court as registrar, signing the minute-book, taking affidavits, granting permission to sue under sect. 15 of the 19 & 20 Vict. c. 108, and acting under the Summary Procedure on Bills of Exchange Act, 1855, shall be performed by the registrar, or by his lawful deputy. 11. The registrar of the court shall issue all summonses and warrants to the bailiff forthwith after the plaints are entered or warrants applied for. 12. Where a summons is required to be served in a foreign district, the registrar shall transmit the same, and a copy thereof, to the bailiff of the foreign court, with a letter according to the form in the schedule, unless the judge of the home court shall order the summons in that particular case to be served by the bailiff of the home court; and if the summons be returned to the registrar by the high bailiff of the foreign court not served, the registrar shall forthwith give notice to the plaintiff of such non-service. is to be served in a foreign district, require the plaintiff 13. The registrar shall, in all cases where a summons to pay the fee of 1s. for the oath under sect. 62 of the 9 & 10 Vict. c. 95, and shall pay over the same to the treasurer of his court at such times and in such manner as may be directed by the Commissioners of her Majesty's Treasury. 14. The registrar shall, in all cases where by these rules particulars are required, annex to the summons a copy of the plaintiff's particulars, sealed with the seal of the court; and shall also make and deliver to the YY 2 bailiff a true copy of the summons for indorsement, as required by rule 25. 15. The registrar shall enter in the notice-book all notices and letters sent by him, and all particulars required by the form of such book, wise order; and such copy shall be produced at the time of the trial by the registrar or high bailiff, as the judge may require. 26. Where the summons is required to be served in a foreign district by the bailiff of that district, he shall, nine days at least before the return-day of the summons, transmit the copy thereof to the registrar of the home court, with an affidavit of the service, if the summons has been served; and if it has not been served, he shall return the summons, with an affidavit stating why it has not been served; and the affidavit shall state the same particulars as to service or non-service as are required by the last rule to be indorsed on a summons; and if such affidavit be defective, the bailiff shall amend the same at his own expense, in con 16. Searches may be made and the money to which suitors are entitled shall be paid out upon demand (in cash if required) on three days, at the least, in each week, such days to be fixed by the registrar from time to time, with the approbation of the judge, and to be printed or written on the plaint note: provided, that for the purpose of enabling the registrar to furnish the list of balances in the ledgers according to the requirements of the Commissioners of her Majesty's Treasury, no searches shall be made or money paid out of court during one week in each year, of which week due no.formity with the direction of the judge of the home tice shall be affixed in some conspicuous place in the office of the registrar. 17. Whenever money is paid into or deposited in court, whether before or after judgment, an acknowledgment in writing of such payment or deposit shall be given on the summons or on the order, but such acknowledgment need not bear receipt stamp. 18. All the books of the court, including the bankers' book and cash-book, shall at all times be open to the inspection of the treasurer. 19. No registrar, deputy registrar, registrar's clerk, bailiff, broker, or other officer of the court, and no partner or clerk of any such officer, shall, on account of suitors, sign the ledger, or any other book, or receive money, or otherwise act as an agent for that purpose. 20. No registrar, deputy registrar, registrar's clerk, bailiff, broker, or other officer of the court, or any practising attorney, or clerk of such attorney, shall become surety in any case where, by the practice of the court, security is required. High Bailiff's Duties. 21. Whenever the high bailiff does not attend any sitting of the court, the cause of his absence shall be entered by the registrar on the minutes of the next succeeding court. 22. The high bailiff shall keep books and make returns in the forms set forth in the schedule. 23. The high bailiff or an under-bailiff of the court shall attend, for the purpose of receiving summonses, or for the performance of other duties, at the office of the registrar once at least every day, and shall compare and examine the copy of each summons delivered to him by the registrar, so as to enable him to prove its correctness. 24. The high hailiff shall serve, or cause to be served, process sent to him for service from other courts; and where he shall be unable to swear the affidavit of service or non-service before the judge or registrar, he shall be repaid, by the treasurer of his court, the 1s. paid by him to the commissioner for taking the affi davit. court. 27. Eight days before the day of holding any court the high bailiff shall deliver to the registrar a list of all summonses on plaints, before judgment, issued to him, returnable at such court, and such return shall state the mode of service, or the cause of non-service, of each summons; and the high bailiff shall at the same time, registrar the copy of every such summons which has unless the judge shall otherwise order, deliver to the been served, and the summons itself when not served. summons remains in the hands of the bailiff, he shall, 28. Where a summons has not been served, and the at the time of making out the list aforesaid, give notice to the plaintiff of the fact of such non-service in the form set forth in the schedule. all orders for the payment of money or costs, or both, 29. The high bailiff shall enter in the order-book which he shall have received, and the date on which he shall have caused the same to be posted. 30. The high bailiff shall enter in the high bailiff's warrant-book every warrant which he has been required to execute, and shall state from time to time therein what he shall have done under each warrant, and if the same be not executed within one calendar month from the day of its delivery to him, why it was not executed; and the high bailiff shall at all reasonable times give to a suitor every information that he may reasonably require as to the execution or non-execution of any warrant which has been issued at his instance. virtue of any process issuing out of the court of which 31. Every bailiff levying or receiving any money by he is bailiff shall, within twenty-four hours from the receipt thereof, pay over the same to the registrar of such court, and shall file such process, and retain the same in his custody. 32. Whenever a warrant required to be executed in calendar month from the day of its delivery, the bailiff a foreign district has not been executed within one of the foreign court shall, on the day after the termi of the home court of what he shall have done under nation of such month, make a return to the registrar such warrant, and why it has not been executed; and when the same warrant has not been executed during the time that it is in force, such bailiff shall return the same to the registrar of the home court within twenty. four hours from the expiration of such time, and shall indorse on such warrant the reason why the same could not be executed, and he shall sign such indorsement; but the bailiff shall return such warrant to the home court at any time, although unexecuted, if he shall be directed to do so by the registrar of the home court, or shall give such information as such registrar may quire in the matter of the warrant. 25. If the service of the summons has been personal, the bailiff who served the same shall indorse on the copy of the summons delivered to him by the registrar the fact and mode of such service; and if the service has not been personal, he shall indorse on the copy of the summons the statement which has been made by the person to whom the summons was delivered, or other circumstances from which it may be inferred that the service of the summons has come to the knowledge of the defendant; and if the summons has not been served, the bailiff shall indorse on such copy the fact, and the reason of such non-service, and shall deliver it to the registrar, with the list of summonses mentioned in the next rule but one, unless the judge shall other- I before issuing the summons. Plaint. re 33. Every plaint shall be entered in the plaint-book 1856. 34. Where the plaintiff is unacquainted with the defendant's Christian name, the defendant may be described by his surname, or by his surname and the initial of his Christian name, or by such name as he is generally known by, and the defendant may be so described in the summons; and in the event of the plaintiff or defendant not appearing, the proceedings under sects. 79 and 80 of the 9 & 10 Vict. c. 95, may be taken as if the true Christian name and surname had been stated in the summons, and all subsequent proceedings thereon may be taken in conformity with such description, but without prejudice to any amendment made at any future time by direction of the judge. Particulars. 41. The registrar shall not issue a summons under sect. 15 of the 19 & 20 Vict. c. 108, unless he is satisfied by statement on oath that the party applying has a cause of action, and that the whole of such cause arose within the home district, 42. Where a summons is issued by leave of the judge "by leave of the registrar," as the case may be, shall or registrar, the words "by leave of the court," or be written on the face of the summons. 43. Where a summons has not been served, successive summonses may be issued without entering a new plaint, unless the non-service has been caused by the fact of the defendant having removed from the address given before the entry of the plaint, or unless the plaintiff shall have given a wrong or insufficient address; but 35. On entering the plaint, the plaintiff shall in all if the bailiff shall ascertain that the defendant has recases, where the sum sought to be recovered shall ex- moved to some other place within the district of the ceed 40s., deliver at the office of the registrar as many court, he shall serve the summons at such other place, copies of a statement of the particulars of his demand indorsing on the copy thereof the new address; and the or cause of action as there are defendants, and an addi- successive summons or summonses shall bear the same tional copy to be filed; and where the demand exceeds date and number as the summons first issued, which 501., but the plaintiff desires to abandon the excess, or date and number shall be written in red ink in the to admit a set-off, and sues in a county court for the plaint-book, and such summonses shall be a continuresidue, the abandonment or the admission of the set-ance of the first summons: provided, that no successive off shall be entered on the particulars before service; summons shall be issued on a plaint which has been and in all cases the particulars shall be deemed part of entered more than three months. the summons. 36. In actions for penalties to secure the performance of covenants within the meaning of the 8 & 9 Will. 3, c. 11, the plaintiff shall deliver particulars of the breaches on which he relies, in the same manner as required by the last rule, which, when delivered, shall be deemed part of the summons; and if the court shall be of opinion that the plaintiff is entitled to recover, judgment shall be entered for the penalty, where the penalty does not exceed the amount over which the court has jurisdiction; and where the penalty does exceed such amount, then for the amount over which the court has jurisdiction; and an entry shall be made on the minutes of the damages awarded to the plaintiff, and execution may issue for the amount of such damages; and in case of subsequent breaches, the plaintiff may enter a plaint and sue out a summons in the nature of a scire facias on such judgment, and shall deliver particulars of such subsequent breaches in the manner before mentioned, and which shall be deemed part of such summons. 37. If the amount claimed in any case include a fraction of a penny, such fraction shall not be entered in the books of the court, and judgment shall not be given for such fraction. Plaint Note. 38. At the time of entering the plaint, the registrar shall give to the plaintiff, or his attorney or agent, a note, under the seal of the court, according to the form in the schedule; and no money shall be paid out of court to the plaintiff, or his attorney or agent, unless on production of such note: provided, that in the event of such note being lost or destroyed no money shall be paid to any person, unless it be proved on oath, to the satisfaction of the registrar, that the person applying is the plaintiff, or his agent authorised in that behalf. Summons to appear to a Plaint. 39. The summons to appear to a plaint shall be in the form set forth in the schedule, and shall be dated of the day on which the plaint was entered, and the date thereof shall be the commencement of the suit. 40. Such summons may be returnable either at the next court after the entry of the plaint, or, by leave of the court or registrar, at any subsequent court to be held within three calendar months. Service of Summons to appear to a Plaint. be served in the home district, should, in order to in44. A summons to appear to a plaint, where it is to sure its service, be delivered to the bailiff at least twelve clear days, and where it is to be served in a foreign disserved at least ten clear days before the return-day trict, fifteen clear days; but it shall in either case be thereof: provided, that a summons may be issued at any time before the return-day on production by the plaintiff to the registrar of an affidavit shewing that the defendant is about to remove out of the ordinary jurisdiction of the court; and service of such summons at any time before the return-day may be deemed good service, if at the hearing the judge is satisfied on the evidence on oath before him that such party was about to remove out of the ordinary jurisdiction of the court; but in every such case, whether such proof be given or not, the judge may, in his discretion, and on such terms as he shall think fit, adjourn the hearing. 45. The service of the summons, except in the cases hereinafter specially provided for, shall be either personal, or by delivering the same to some person, apparently sixteen years old, at the house or place of dwelling or place of business of the defendant; but no place of business shall be deemed the place of business of the defendant unless he shall be the master or one of the masters thereof. 46. Where a defendant is living or serving on board of any ship or vessel, it shall be sufficient service to deliver the summons to the person on board who is at the time of such service apparently in charge of such ship or vessel. 47. Where a defendant is residing or quartered in any barracks, and serving her Majesty as a soldier or marine, it shall be sufficient service to deliver the summons at the barracks to the adjutant of the corps, or to any officer or sergeant of the company or troop to which such soldier or marine belongs. 48. Where a defendant is a prisoner in a gaol, it shall be sufficient service to deliver the summons at the gaol to the governor, or any person appearing to be the head officer in charge thereof. 49. Where a defendant is working in any mine or other works underground, it shall be sufficient service to deliver the summons, at the mine or works, to the engineman, banksman, or other person apparently in charge of the mine or works. 1856. therein his willingness to deposit money in lieu of giving security; and if he shall fail to give such security or make such deposit before the return-day, or shall fail to give such notice of his intention to object as aforesaid, he shall not be entitled to object to the 50. Where the defendant is employed and dwells in any lunatic or other public asylum, or in any common gaol or house of correction, it shall be sufficient service to deliver the summons to the gatekeeper or lodge-action being tried in the county court. keeper of the asylum, gaol, or house of correction. 51. Service of the summons may be effected on a railway company or other corporation by delivering the summons to a secretary, station-master, or clerk of the defendant, at any station or office of the defendant within the district of the court in which the summons is to be served. 52. Where a defendant keeps his house or place of dwelling or place of business closed, in order to prevent a bailiff from serving the summons, it shall be sufficient service to affix such summons on the door of such house or place of dwelling or place of business. 53. Where a bailiff is prevented by the violence or threats of the defendant, or of any other person or persons in concert with him, from personally serving such summons, it shall be sufficient service to leave such summons as near to the defendant as practicable. 54. Where the summons has not been served personally, or under the provisions of the last four rules, and the defendant does not appear in person, or by his attorney or agent, at the return-day, the cause may proceed if the judge is satisfied, on the evidence on oath before him, that the service of such summons has come to the knowledge of the defendant before the returnday, but no such evidence shall be necessary in the cases specially mentioned in the last four rules. 55. Whenever a summons has been served in one of the modes herein before mentioned, but it appears that it has come to the knowledge of the defendant less than ten clear days before the return-day, the cause may, at the discretion of the judge, proceed or be adjourned, whether the defendant appears or not at the hearing. 56. The twelve rules preceding this rule shall not apply to summonses issued under sect. 28 of the 19 & & 20 Vict. c. 108, or under the Summary Procedure on Bills of Exchange Act, 1855. 57. Where a summons shall issue under sect. 18 of the 19 & 20 Vict. c. 108, the same shall be served by the bailiff of the district within which the defendant shall dwell or carry on business, unless the judge shall in each case otherwise specially order: provided, that this rule shall not interfere with the general power, now vested in the bailiff of the court from which the summons has issued, to serve the same within 500 yards of the boundary of his district. Payment into Court before Judgment. 61. Where the defendant is desirous of paying money into court, it shall, except where otherwise expressly provided, be paid five clear days before the return-day of the summons, with court fees proportionate to the amount paid in, and the attorney's costs where the amount paid in exceeds 20., and the registrar shall within twenty-four hours from the time of such pay. ment send to the plaintiff notice thereof by post: provided, that at any time before the return-day the defendant may pay money into court, with such costs as aforesaid, and the registrar shall give notice thereof to the plaintiff as aforesaid; but where money is so paid in less than five clear days before the return-day, it shall be lawful for the court to order the defendant to pay such costs as the plaintiff shall have incurred in preparing for trial, before the notice of such payment was received by him, or in attending the court. 62. If the plaintiff elect to accept, in full satisfaction of his claim, including costs, such money as shall have been paid into court by the defendant, and shall send to the registrar and to the defendant by post, or leave at the registrar's office and at the defendant's place of dwelling or place of business, a written notice, stating such acceptance, within such reasonable time before the return-day as the time of payment by the defendant has permitted, the action shall abate, and the plaintiff shail not be liable to any further costs; but in default of such notices from the plaintiff the cause may proceed. Inspection of Documents. 63. Where in any action the plaintiff or defendant is desirous of inspecting any written or printed document or instrument in which he has an interest, and to the production of which he is entitled for the purposes of the action, and which shall be in the possession or power or under the control of the other party, such plaintiff or defendant may, five clear days before the day of hearing, give notice to the other party, by post or otherwise, that he or his attorney desires to inspect any such document or instrument, describing the same, at any place to be appointed by the other party; and if such other party shall neglect or refuse to appoint such place, or to allow such plaintiff or de58. The above rules as to the mode, but not those as fendant, or his attorney, to inspect such document or into the time, of service of summonses to appear to a strument within three days after receiving such notice, plaint, shall apply to the mode of service of all sum-the judge may, in his discretion, on the day of hearing, monses whatsoever, except where otherwise directed adjourn the cause, and make such order as to costs as by statute or by these rules. he shall think fit. 59. No summons, order, or other process or notice shall be served on Sunday, Christmas-day, or Good Friday, or on any day appointed by royal proclamation for a public fast, humiliation, or thanksgiving; but such days shall be counted in the computation of the time required by these rules in respect of such service. Objection to Jurisdiction. 60. A defendant intending to avail himself of the power given by sect. 39 of the 19 & 20 Vict. c. 108, to object to an action being tried in the county court, shall give notice, personally or by post, of such intention, to the registrar and to the plaintiff, five clear days before the return-day of the summons, according to the form set forth in the schedule; and shall therein name the parties whom he proposes to be his sureties, or state Withdrawal by Plaintiff. 64. If the plaintiff be desirous of not proceeding in the cause, he may give notice thereof to the registrar and to the defendant, by post, and after the receipt of such notice the defendant shall not be entitled to any further costs than those incurred up to the receipt of such notice, unless the judge shall otherwise order. Cause sent for Trial from a Superior Court. 65. Where any action, under sect. 26 of the 19 & 20 Vict. c. 108, is ordered to be tried in a county court, the registrar of the county court mentioned in the order shall enter the same in the minute-book of the court for hearing on the day appointed by the judge of such court, and the same fee shall be taken for the hearing 27 thereof as if a plaint in the action had been originally require the other party to admit (saving all just excepentered in the county court. Defences. 66. Where the defendant intends to rely on a set-off, infancy, coverture of defendant, statute of limitations, or discharge of defendant under a bankrupt or insolvent act, his notice shall contain the particulars hereinafter mentioned with reference to such grounds of defence: provided, that in case of non-compliance with those rules which apply to such six grounds of defence, and of the plaintiff's not consenting at the hearing to permit the defendant to avail himself of such defence, the judge may, on such terms as he shall think fit, adjourn the hearing of the cause, to enable the defendant to give such notice. 67. Where a defendant intends to set off any debt or demand alleged to be due to him by the plaintiff, he shall give notice thereof in writing to the registrar of the court, and deliver to him a statement of the particulars of such set-off, at least five clear days before the return-day of the summons. 68. Where a defendant intends to rely on the defence of infancy, he shall give notice thereof in writing to the registrar of the court at least five clear days before the return-day of the summons, setting forth in such notice, so far as he is able, the place and date of his birth. 69. Where a defendant intends to rely on the defence of coverture, she shall give notice thereof in writing to the registrar of the court at least five clear days before the return-day of the summons, setting forth in such notice, so far as she is able, the place and date of marriage, together with the Christian name and surname of her husband. 70. Where a defendant intends to rely on the defence of any statute of limitations, he shall give notice thereof in writing to the registrar of the court at least five clear days before the return-day of the summons. 71. Where a defendant intends to rely on the defence of a discharge under any statute relating to bankrupts, or for the relief of insolvent debtors, he shall give notice thereof in writing to the registrar of the court at least five clear days before the return-day of the summons, setting forth in such notice the date of his certificate, discharge, or final order, and the court by which such certificate, discharge, or final order was granted or made. 72. In all cases mentioned in the last six rules, the party thereby required to give the notice shall, unless otherwise expressly ordered, at least five clear days before the day of hearing, deliver to the registrar of the court as many copies thereof as there are opposite parties, and an additional copy to be filed; and the registrar shall, within twenty-four hours from the time of receiving the same, transmit by post one copy of such notice to each of the opposite parties. tions to the admissibility of such document in evidence) the document to be read in evidence without proof; and if such demand be not made, no costs of proving otherwise order. If such demand be not complied with, such document shall be allowed, unless the judge shall and the judge think it reasonable that the admission should have been made, the party refusing shall bear the expense of proving such document, whatever may be the event of the cause. Jury. 77. Notice of a demand of a jury shall be made in writing to the registrar of the court three clear days before the day of hearing, and the summonses to the intended jurors shall be delivered to the bailiff forthwith. 78. Where notice of a demand of a jury has not been given in due time, or if at the hearing both parties desire to try by a jury, the judge may, on such terms as he shall think fit, adjourn the cause, in order that the necessary steps for such trial may be taken; and the trial shall take place accordingly. 79. Cases of interpleader and of replevin may, at the instance of either party, be tried by a jury. 80. The number of jurymen summoned to attend at a court for the trial of causes shall be ten, unless the judge shall otherwise order. Adjournment of Cause. 81. The parties to any cause, at any time before the cause is called on, may, by consent, and without paysubsequent court as the judge shall direct. ment of any hearing fee, postpone the hearing to such 82. Where a cause is adjourned, no order of adjournment shall be served on either party, unless by direction of the judge. 83. When anything required by the practice of the court to be done by either party, before or during the hearing, has not been done, the judge may, in his discretion, and on such terms as he shall think fit, adjourn the hearing to enable the party to comply with the practice. Hearing. the 19 & 20 Vict. c. 108, or under the Bills of Exchange 85. If at the return-day of a summons, or at any adjournment of the court at which it is returnable, the and does not admit the plaintiff's demand, the judge plaintiff does not appear, and the defendant does appear may, in his discretion, award to the defendant costs, in the same manner and to the same amount, as to counsel, attorney, witnesses, and other matters, as if the cause had been tried; but no hearing fee shall be charged. 73. Where the defence is a tender, such defence shall not be available unless before or at the hearing of the cause the defendant pays into court (which may be 86. No attorney shall be allowed to appear for any without costs) the amount alleged to have been ten-person in a county court until he has signed a roll or book to be kept by the registrar for that purpose; but no fee shall be payable for that purpose; and he shall, once in every year, if required by the registrar, produce his certificate for the year to the registrar, who shall note the fact on the roll. dered. Evidence. 74. Summonses to witnesses may be issued without leave of the court, to be served either in the home or in any foreign district. 75. It shall be sufficient if a summons to a witness be served a reasonable time before the actual hearing. 76. Where either party proposes to give a judgment of a superior court, or any other document, whether printed or written, in evidence, he may, by a demand in writing made a reasonable time before the hearing, 87. It shall not be necessary for either party, previous to the hearing, to give notice to the other, or to the court, of his intention to employ a barrister or attorney to act as his advocate at the hearing, and the allowance of costs for such barrister or attorney shall not be affected by such want of notice. 88. The provisions of the 15 & 16 Vict. c. 54, s. 10, as |