fendant or his Solicitor at any time before the
trial, notice in writing that he does not intend
to bring the same to trial at the time fixed.
Whereupon the defendant shall be entitled to
have his costs of preparing for trial taxed, and
shall have an order for payment of such amount
as he shall be found by the Clerk of the Court
to have reasonably incurred in so preparing.

27. Every cause shall be tried in the order
    in which it has been entered, without preference
    or delay, unless it be made out to the satisfac-
    tion of the presiding Judge in open Court, that
    it is impracticable or inconvenient so to do, who
    thereupon may make such order for the trial of
    the cause so put off as to him shall seem just.

28. When the cause is called on, if the
    plaintiff's counsel and witnesses be not in at-
    tendance, the presiding Judge may order the
    cause to be transferred to the bottom of the
    cause-list for that day, and if the trial be
    delayed in consequence thereof, to a future day,
    the plaintiff shall pay the extra costs occasioned
    thereby.

29. If the set-off be proved to an amount
    less than that of the plaintiff's demand, the
    plaintiff shall have a verdict for the balance of
    his demand after deducting the portion of the
    set-off proved by the defendant.
    If the set-off be proved to an amount ex-
    ceeding that of the plaintiff's demand, and the
    defendant have given notice under Rule 22
    that he claims to recover the excess, the defen-
    dant shall have a verdict for such excess toge-
    ther with his costs.

30. Where interest upon any sum shall be
    recovered or allowed in any suit, but the rate of
    such interest shall not have been previously
    agreed upon by the parties thereto, the party
    entitled to such interest shall not recover or be
    allowed the same at any rate exceeding the
    rate of eight pounds per cent. per annum.

31. On the trial of any action in which the
    plaintiff's demand, or the set-off shall consist of
    a number of items, the presiding Judge may
    put one or more items separately to the Jury
    and take separate and successive findings there-
    on, in case it shall appear to the presiding
    Judge that such a course of proceeding will be
    convenient or likely to prevent error or con-
    fusion. And in cases tried by the presiding
    Judge, he may give judgment on one or more
    items, the verdict shall be entered according to
    the result of all such findings.

32. In any action, and at any time before the
    Jury have retired to consider their verdict or
    the presiding Judge has given his judgment,
    the plaintiff may elect to be non-suited, after
    a non-suit the plaintiff may proceed again to
    trial, all the costs of the former trial being first
    paid by him.

33. In every case it shall be compulsory on
    the defendant or his solicitor to state explicitly
    the nature of his defence and to deliver such
    defence in writing to the Clerk of the Court
    two clear days before the day of hearing. And
    in the event of the defendant or his Solicitor so
    failing to deliver such defence as aforesaid the
    presiding Judge may on the application of the

opposite party adjourn the case until the next
Court day, the defendant paying the costs
of such adjournment.

34. At any time before the verdict is given,
    the Jury may, by consent of both parties, be
    discharged from giving any verdict. Where-
    upon the action shall be wholly at an end, un-
    less the parties shall then agree to the contrary.
    When the Jury are thus discharged, each party
    has to pay his own costs.

35. When points of law arise incidentally
    during the trial, the counsel of the party mak-
    ing the objection, or submitting the point, has
    the right of reply.
    If in replying he cite a case or authority
    not previously adduced in support of the ob-
    jection, the opposite Counsel will be allowed to
    observe on the case or authority so cited.

36. Costs in the cause shall be paid by the
    party against whom judgment shall be given :
    Provided that if the plaintiff in any action for
    the recovery of damages shall recover by the
    verdict of the Jury or presiding Judge less
    damages than 20s. such plaintiff shall not be
    entitled to any costs whatever, unless the pre-
    siding Judge shall immediately afterwards
    certify that he is of opinion that the costs
    ought to be allowed.

37. A plaintiff or defendant having ob-
    tained a verdict, shall be entitled to issue ex-
    ecution at the expiration of 48 hours, unless the
    presiding Judge who tries the cause shall order
    execution to issue at an earlier or later period,
    with or without terms.

38. Every judgment debt shall carry interest
    at the rate of eight per cent. per annum, from
    the time of entering up. the judgment until the
    same shall be satisfied, and such interest may
    be levied by a warrant of distress on such
    judgment.
    This Rule applies to judgments for costs
    only, as well as to judgments for debt or
    damages.

39. In every case of execution the party
    entitled to execution may levy the fees and ex-
    penses of the execution, over and above the
    sum recovered.

40. When there are cross judgments for
    money between the same parties, whether for
    debt or damages and costs, or for costs alone,
    the one may be set off against the other by
    leave of the presiding Judge.
    But no such set off of one judgment against
    another shall he allowed to the prejudice of the
    Solicitor's lien for costs due to him in the par-
    ticular action against which the set off is
    sought.

41. It shall be lawful for the defendant in an
    action for the possession of a specific chattel, to
    deliver the same to the plaintiff and to pay into
    Court a sum of money by way of compensation
    for the detention thereof or damage thereto.

42. If the plaintiff refuse to accept the sum
    paid into Court as a satisfaction of the claim in
    respect of which it is paid in, and proceed to
    trial, and at the trial fail to recover more than
    the amount paid in, the defendant's costs in-
    curred subsequently to the payment into