entries to which it may respectively belong, and the docket be altered accordingly.

II.

Cases for the decision of the Court.

Demurrers, motions, petitions, disclosures of Trustees, Reports and all other cases for the decision of the Court, will be heard and tried after the decision of issues to the country, or while the Juries are deliberating thereon.

III.

Entry of Actions.

No civil action shall be entered after the first day of the Term, unless allowed by the Court, by consent of parties, or on proof that the entry was prevented by inevitable misfortune or accident. Complaints for not entering an action, or appeal, may be entered at any time after the call of the New Entries, during the time for which said action was commenced, or to which it was appealed.

IV.
Mis-entries.

An action may be made a mis-entry at any term, upon it being ascertained, that the original writ had not been served and returned; or at any time during the first term, on proof that the action was settled before the sitting of the Court, without the knowledge of the plaintiff's or appellant's Attorney, or that the writ had not been served.

V.

Attorney's name to be entered in Clerk's Docket-Change of Attorney. Upon the entry of every action or appeal, the name of the plaintiff's or appellant's Attorney shall be entered at the same time in the Clerk's docket; and after the call of the New Entries, the name of the defendant's Attorney, if any he have, shall be entered on the same docket. And if either party shall

change his Attorney, pending the suit, the name of the new Attorney shall be substituted for that of the former Attorney, and notice given to the adverse party. And until such notice of the change of an Attorney, all notices given to or by the Attorney first appointed, shall be considered in all respects as notice to or from his client, excepting only such cases in which by law notice is required to be given to the party personally.

VI.

Appearance of Attorney.

if

No Attorney shall be permitted to appear for either party, his appearance be objected to, unless he shall state that he was specially requested so to do by such party, or some other person duly authorized by him, without leave first obtained from the Court.

VII.

Amendments in matter of form.

Amendments in matter of form will be allowed as of course without terms, at any time previous to the defect or want of form being shewn for cause of abatement or demurrer, and joinder of issue thereon. And at the first term, on application to the Clerk, leave to amend may be entered on the docket as of course.

VIII.

Amendments in matter of substance.

Amendments in matter of substance may be made in the discretion of the court, on payment of costs, or on such other terms as the court shall impose; but if applied for after joinder of any issue of fact or law, the Court will in their discretion, refuse the application, or grant it on special terms; and when either party amends, the other party shall be entitled also to amend if his case require it. But no new count or amendment of a declaration will be allowed, unless it be consistent with the original declaration, and for the same cause of action.

IX.

Time of filing Pleas in Abatement.

Pleas in abatement or to the jurisdiction may be filed at any time previous to the call of the New Entries; and if containing matter of fact not appearing of record must be verified by oath or affirmation.

X.
Pleading double.

In all actions originally brought in this Court, leave to plead double will be granted of course on application to the Clerk and entered on his docket at any time during the first term, and before the action is called in course for trial. And no leave to plead double will be granted after the first term, unless by consent, or the Court shall allow the same on proof that the party was prevented from having the entry made as aforesaid by inevitable accident or other sufficient cause.

XI.

Of obtaining a rule to Plead.

Either party may obtain a rule on the other to plead, reply, rejoin, &c. within a given time, to be prescribed by the Court; and if the party so required, neglect to file his pleadings at the time, all his prior pleadings shall be struck out, and judgment entered of non-suit or default, as the case may require, unless the Court, for good cause shewn, shall enlarge the rule. And in all cases, the pleadings shall be prepared, and issue joined previous to the action being called in course for trial.

XII.

Time of filing amendments or Pleadings.

When an action shall be continued with leave to amend the declaration or pleadings, or for the purpose of making a special plea, replication, &c. if no time be expressly assigned for filing such amendment or pleadings, the same shall be filed in the

Clerk's office or delivered to the Attorney of the adverse party by the middle of the vacation, after the term when the order is made ; and in such case the adverse party shall file his pleas to the amended declaration, or his answer to the plea, replication, &c. as the case may be, by the first day of the term to which the action is continued as aforesaid. And if either party neglect to comply with this rule, all his prior pleadings shall be struck out, and judgment entered of non-suit or default, as the case may require, unless the Court for good cause shewn, shall allow further time for filing such amendment or other pleadings.

XIII.

Of continuing actions for trial or judgment.

No action will be allowed to be continued for trial, or for judgment after a verdict or default, even by consent of parties, unless for good cause shewn, and for the furtherance of justice. And, before any action is continued open for trial, the defence must be stated, that it may appear to the Court, that the action is not continued merely for the purpose of delay. And a continuance granted on motion of either party, shall be allowed upon such terms as the Court may deem reasonable.

XIV.

Affidavits on motion for a continuance.

No motion for a continuance, grounded on the want of material testimony, will be sustained, unless supported by an affidavit, prepared and submitted to the inspection of the adverse party or his counsel before the action shall be called in course for trial, which affidavit shall state the name of the witness, if known, whose testimony is wanted, the particular facts he is expected to prove, with the grounds of such expectation; and the endeavors and means that have been used to procure his attendance or deposition, to the end that the Court may judge whether due diligence has been used for that purpose.

And no counter affidavit shall be admitted to contradict the statement of what the absent witness is expected to prove; but any of the facts, stated in such affidavit, may on trial, be disproved by the party objecting to the continuance. And no action shall be continued on such motion, if the adverse party will admit that the absent witness would, if present, testify to the facts stated in the affidavit, and will agree that the same shall be received and considered as evidence on the trial, in like manner as if the witness were present, and had testified thereto; and such agreement shall be made in writing, at the foot of the affidavit, and signed by the party, his counsel or attorney. And the same rule shall apply, mutatis mutandis, when the motion is grounded on the want of any material document, or other evidence, that might be used on the trial.

XV.

Affidavit for a continuance to commence a cross action.

No action will be continued for the purpose of commencing a cross action, unless the defendant shall file an affidavit, prepared and submitted to the inspection of the adverse party, before the action is called on in course for trial, stating that he has a demand against the plaintiff, and the nature and amount of such demand as near as may be, and that he was prevented by inevitable accident, or other good reason from filing the same in offset, if of a nature to be filed according to the statute, or that there had not been sufficient time after the service of the plaintiff's writ on him to commence such cross action.

XVI.

Continuances, when the Court is held at different places in same County. In the counties, where this Court is held alternately at two or more places, an action may be continued, on motion of either party, for trial at such term as shall be held in the vicinity of the parties and their witnesses, it being made to appear to the Court, that such witnesses are necessary in the trial of