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“The Common Law Procedure Act, 1852.”

WITH

AN ELABORATE INDEX.

BY

JOHN FREDERICK ARCHBOLD, Esq.

BARRISTER-AT-LAW.

LONDON:
SHAW AND SONS, FETTER LANE,

Law Printers and Publishers.

LONDON: PRINTED BY SHAW AND SONS, FETTER LANE. ADVERTISEMENT.

A WORK written by me on the Practice, Pleading, and Evidence, in the courts of Common Law at Westminster; was recently published, and, I am happy to say, most favourably received by the Profession. Since then, the New Rules of Practice, the rules for the examination, admission, and re-admission of Attorneys, and the new Table of Costs, have been promulgated and published; and I thought I owed it to the Profession to give them those rules and table of costs, by way of supplement to the work I have above mentioned. The rules indeed make little difference in the practice. In framing them the Judges have adopted most of the old rules, with little alteration, adding others where they were required by the recent Procedure Act. The table of costs was most anxiously expected, and is now heartily welcomed, by all those who were anxious that the public should have the best law, that which is most perfectly administered, at a reasonable expense; and I have gladly availed myself of the opportunity of giving it here. As to the Statute itself, the several provisions of it were inserted in my former work, in most cases verbatim. But as many persons would wish to have it as a whole, I have made it

also part of this supplement. To these I have added an Index, framed in such a way that any måtter contained in the Rules and Statute may be found in a moment, with great ease ;—the Index referring not only to the page, but to the rule or section in the page, where the matter indicated will be found.

J. F. A.

9, King's Bench Walk, Temple,

Feb. 1853.

TABLE OF CONTENTS.

The New Rules of Practice, Hilary, 1853.

Indorsement on writ of summons, 705; appearance, 706 ; attor-

ney and guardian, 706; joinder of parties, 706 ; pleadings, 707 ;

payment of money into court, 707; demurrer, 708 ; venue, change

of, 708; particulars of demand or set-off, 708; security for

costs, 709; discontinuance, 709; staying proceedings, 710; cog-

novit, warrant of attorney, judge's order for judgment, 710;

evidence, admission, and inspection of documents, subpoena to

produce records, depositions on interrogatories, 710; trial, notice

of trial and inquiry, 712; jury and view, 713; new trials, mo-

tions in arrest of judgment, and judgment non obstante vere-

dicto, 715; judgment, 715; costs, setting off damages or costs,

716; error, 717; execution, 717; revivor and scire facias, 719;

audita querela, 712; entry of satisfaction on the roll, 719; bail-

able proceedings, bail, bail in error, 720; ejectment, 724; causes

removed from inferior courts, 725 ; penal actions, compounding of,

725; paupers, actions by, 725 ; prisoners, and proceedings against,

726; sheriffs, rules to return writs or bring in the body, 727; irre-

gularity, 727; affidavits, 728; rules, summonses and orders, 729 ;

notices, service of, and of rules, pleadings, &c., 730; attachment,

731 ; awards and annuities, 731 ; miscellaneous, 732.

Forms of proceedings, 732:—form of an issue in general, 733 ;

form of a nisi prius record, 733; form of a postea on a verdict

for plaintiff on all the issues, where the cause is tried in London

or Middlesex, and where the defendant appears at the trial, 733 ;

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