No service of rivil process on a Sunday,
Return of pro- cess to the Regis- trar's office.
Appearance of defendant to be entered in the Re- gistrar's office;
X. It is further ordered, That no service of any process, order, notice, or proceeding, or any act done in any civil suit or action, shall be valid or effectual if performed on a Sunday; and all process returnable on a Sunday, or upon a holiday, shall be returned on the following day; and any act required to be done by any party in Court, at a time which would otherwise fall on a Sunday or holiday, shall be valid and effec- tual if done on the following day.
XI. It is further ordered, That the Sheriff of the said Colony shall, upon the return day of all civil process, deliver into the office of the Registrar of the said Court, the said pro- cess, together with a return endorsed thereon, or annexed thereto, of what he has done by virtue thereof; and the Plain- tiff, or Defendant, or their respective Attornies, may at any time have an office copy of the said process and the return thereto, at the cost of the party applying for the same : and if the said Sheriff shall have taken from any person arrested any money, or thing, for, and to the use, and on the behalf of the said Plaintiff, or any bond, or obligation, by virtue of any writ of Capias ad Respondendum, then the said Sheriff shall, after the expiration of the time allowed for the Defendant to appear, and in default of appearance, and being thereto required by the Plaintiff or his Attorney, deliver over to the said Plaintiff or his Attorney, the said money or thing, or assign to the said Plaintiff such bond or obligation, by an endorsement to be thereon made by the said Sheriff, under his hand, which en- dorsement shall, as near as may be, be in the form in the Schedule hereunto annexed, marked No. 2.
XII. It is further ordered, That the Defendant in any suit or action, upon whom service of any civil process has been made, or who has been arrested and given bail for his appear- ance to answer any complaint or demand, shall, within eight days after such service or arrest, either by himself or his Attorney, enter an appearance in a book to be kept for that except where the purpose by the Registrar of the said Court: Provided never- defendant intends theless, that any party against whom any writ of summons or other process may have been issued, in respect of any claim or demand against him, may appear personally before the Court and admit the same, and the Registrar, or other officer of the Court, shall thereupon take down in writing such his admis- sion, and the Defendant, or some person by him duly autho- rized, shall sign the same, and thereupon the Court shall forthwith pronounce judgment.
to admit the claim against him.
defendant bas ap-
Service of No- XIII. It is further ordered, That after the Defendant in any tices, &c, after the suit or action has entered his appearance by Attorney, service peared by Attor- of all future summonses, demands, notices, and other proceed- ings in the said suit or action, made upon the said Attorney,
ney.
and
and in like manner upon the Attorney of the Plaintiff, or left at his place of business, shall be valid and effectual, excepting where personal service upon either party is by any proceed- ing, order, or practice of the said Court specially required and provided; and all such summonses, demands, notices, and other proceedings shall be served before six o'clock at night.
claration or Claim.
XIV. It is further ordered, That in all suits and actions Time of filing De where the Defendant has entered an appearance to answer any complaint or demand, the declaration or claim of the Plaintiff shall be filed in the office of the Registrar, and notice thereof shall be given to the Defendant or his Attorney, within one month after such appearance, in default whereof the Plaintiff shall be barred from declaring or making claim; and where the Defendant does not appear to the said process, and an appearance shall have been entered for him by the Plaintiff, the declaration or claim shall be in like manner filed in the office of the Registrar within the time aforesaid: and such de- Requisites of de- claration or claim shall correspond with the writ of summons, or other
in process, every material point, and shall state truly and concisely the name and description of the party suing, and the right in which he sues; the name of the Defendant, and the right in which he is sued; the nature, extent, and grounds of the cause of action, complaint, or demand, and such conclusions as, according to the form of each particular suit or action, the Plaintiff shall by law be entitled to deduce therefrom; and if any argumentative or irrelevant matter be stated in the declaration or claim, the same, being shewn to the Court, shall be struck out of the declaration or claim, with
or without the payment of costs, as the Court shall direct.
claration.
XV. It is further ordered, That in all cases where the De- Time of Plead- fendant has appeared, or an appearance has been entered for ing. him by the Plaintiff, he shall plead or answer within eight days next after the filing of the Plaintiff's declaration or claim, and notice thereof served on the said Defendant or his Attorney (unless, upon application to the Court, or to the Chief Justice at chambers, further time be granted to the De- fendant for that purpose:) Provided due notice to plead has been given to the Defendant, and provided also, that a written demand of plea, has been served by the Plaintiff or his Attor- ney on the opposite party after the expiration of the said eight days, and twenty-four hours have elapsed after the ser- vice of the said demand; in default whereof the Defendant shall be barred from pleading or answering thereto, and the Plaintiff shall be at liberty to sign judgment: and in case the Requisites said Defendant shall, within the time hereby limited, plead to plea. the said declaration, he shall in his plea either admit or deny, or confess and avoid, all the material facts alleged in the de- claration or claim of the said Plaintiff, and shall clearly and concisely
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