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II.

The New Table of Costs.

IV.

Writs for commencement of actions, ss. 2-25, pp. 781-786;

appearance, and proceedings in default of appearance, ss. 23—33,

pp. 787-789; joinder of parties, ss. 34-40, pp. 789-791 ; joinder

of causes of action, s. 41, p. 791; questions by consent, without

pleading, ss. 42-48, pp. 791, 792; pleading in general, ss. 49—

57, pp. 792-794; declaration, ss. 58-61, p. 794; pleas and subse-

quent pleadings, ss. 62-90, pp. 794-799; examples of pleading,

s. 91, p. 799; judgment by default, and ascertaining amount to be

recovered, ss. 92–96, pp. 799, 800; notice of trial, inquiry and

countermand, ss. 97-99, p. 800; judgment for not proceeding to

trial, ss. 100, 101, p. 800; nisi prius record, ss. 102, 103, p. 801;

jury and jury process, ss. 104-116, pp. 801-803; admission of

documents, ss. 117-119, pp. 803, 804; execution, ss. 120-127,

pp. 804, 805; proceedings to revive, ss. 128-134, pp. 805, 806;

death, marriage, and bankruptcy, ss. 135-142, pp. 806-808;

arrest of judgment, and judgment non obstante veredicto, ss. 143

-145, p. 809; error, ss. 146-167, pp. 809-813; ejectment,

ss. 168-221, pp. 813-825; amendment, s. 222, p. 825; power

to the judges to make rules, and frame writs and proceedings,

ss. 223-225, pp. 825, 826; effect of injunction, s. 226, p. 826;

interpretation clause, s. 227, p. 827; provisions relating to the

courts of the counties palatine, ss. 228-234, pp. 827-829; short

title of the Act, s. 235, pp. 829, 830; Act not to extend to Ireland

or Scotland, s. 236, p. 830.

THE

NEW RULES

OF

PRACTICE OF THE COURTS OF COMMON LAW AT WESTMINSTER.

HILARY TERM, 1853.

WHEREAS the practice of the courts of Queen's Bench, Common Pleas, and Exchequer, in civil actions, in respect of which the said courts possess a common jurisdiction, has been to a great extent superseded or altered by "The Common Law Procedure Act, 1852," and it is expedient that the written rules of practice of the said courts should be consolidated and rendered uniform: it is ordered, that all existing written rules of practice in any of the said courts in regard to such civil actions, save and except as regards any step or proceeding heretofore taken, shall be and the same are hereby annulled, and that the practice to be observed in the said courts with respect to the matters hereafter mentioned shall be as follows; that is to say,

Writ of Summons.

1. When a writ of summons is indorsed in the special form mentioned in sect. 27 of the Common Law Procedure Act, 1852,1 the following are the amounts which may be indorsed by the plaintiff's attorney or agent upon the writ for costs; and to include mileage:

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It is sect. 25 which authorises the special indorsement. See that section, post; and see Arch. New C. L. Pr. 31; and see the form of special indorsement, Id. 583.

}

320

2 These costs are the same as were directed by a resolution of the judges in Michaelmas Term 1852, See Arch. New C. L. Pr. 31,

Where the plaintiff's attorney, at the time of issuing the writ, claims more than the sums fixed as above, the indorsement on the writ of summons in respect of costs shall be as follows: "Such sum as shall be allowed on taxation for costs." And in case the plaintiff shall be found not entitled to more costs than such fixed sums, or if more than one sixth shall be disallowed, the plaintiff's attorney shall pay the costs of taxation. So if the attorney has indorsed on the writ one of the fixed sums for the costs of judgment, and claims more costs on signing judgment, and on taxation shall be found not entitled to more than such sum, or if more than one sixth be taken off on taxation, the plaintiff's attorney shall in like manner pay the costs of taxation.

Appearance.

2. If two or more defendants in the same action shall appear by the same attorney and at the same time, the names of all the defendants so appearing shall be inserted in one appearance.1

Attorney and Guardian.

3. An attorney not entering an appearance in pursuance of his undertaking, shall be liable to an attachment.?

4. No attorney shall be changed without the order of a judge.3 5. A special admission of prochein amy, or guardian, to prosecute or defend for an infant, shall not be deemed an authority to prosecute or defend in any but the particular action or actions specified.1

Joinder of Parties.

6. Whenever a plaintiff shall amend the writ after notice by the defendant, or a plea in abatement of a nonjoinder by virtue of the Common Lan Procedure Act, 1852, sect. 36, he shall file a consent in writing of the party or parties whose name or names are to be added, together with an affidavit of the handwriting, and give notice thereof to the defendant, unless the filing of such consent be dispensed with by order of the court or a judge.5

1 See stat. s. 31, and Arch. New C. L. Pr. 50. The form of appearance in the statute mentions the name of one defendant in an action against him and others, which might have led persons to imagine that a separate appearance should be entered for each defendant, were it not for the above rule.

2 See Arch. New C. L. Pr. 534, accord.

3 See Id. 531.

4 See Id. 364; same as R. H. 2 W. 4, s. 2.

5 See stat. s. 36. Arch. New C. L. Pr. 24, 273.

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