THE NEW SYSTEM OF PRACTICE AND PLEADING UNDER THE SUPREME COURT OF JUDICATURE ACTS, 1873 & 1875. BY WILLIAM THOS. CHARLEY, D.C.L. (OXON.), M.P., Of the Inner Temple, Esq., Barrister-at-Law, late Exhibitioner of the Council of LONDON: WATERLOW AND SONS, BIRCHIN LANE, PARLIAMENT STREET, AND LONDON WALL. ΤΟ T. HENRY BAYLIS, ESQUIRE, ONE OF HER MAJESTY'S COUNSEL, WHO UNITES TO AN INTIMATE ACQUAINTANCE WITH THE EXISTING SYSTEM OF PRACTICE AND PLEADING OF THE SUPERIOR COURTS OF LAW, AN EXPERIMENTAL KNOWLEDGE of THE SCIENCE OF SPECIAL PLEADING, AS IT EXISTED ANTERIOR TO THE COMMON LAW PROCEDURE ACTS, THIS ATTEMPT TO ILLUSTRATE AND EXPLAIN THE NEW SYSTEM OF PRACTICE AND PLEADING UNDER THE SUPREME COURT OF JUDICATURE ACTS, IS (WITH PERMISSION) INSCRIBED BY HIS AFFECTIONATE PUPIL. PREFACE. IN 1874 a work entitled, "The Practice under the Judicature Acts, 1873 and 1874, containing the Acts, with notes and references, an abstract of the Acts, the Rules of Court, forms of proceedings, forms of pleadings, and a copious Index," was projected by the late "John T. Hughes, Esquire, of the Middle Temple, barrister-at-law." Mr. Hughes, after writing a careful abstract of the Supreme Court of Judicature Act, 1873, and of the Supreme Court of Judicature Bill, 1874, and some useful explanatory notes to the more important sections of the former measure, lost his life, unfortunately, in a railway accident. His unfinished MS. was placed in my hands near the close of last Session, with a view to its adaptation to the legislation of 1875. The Supreme Court of Judicature Act, 1875, has repealed a considerable portion of the Supreme Court of Judicature Act, 1873; while the Supreme Court of Judicature Bill, 1874, was withdrawn near the close of the Session of last year. I found it necessary to re-write the entire work, and for the present volume I am solely responsible. The abstract has been omitted from want of space. By means of short annotations to every section and every Rule of the new Acts, I have endeavoured, in a very simple and unpretending way, but, I trust, with a due regard to accuracy of quotation and reference, to explain the new system of pleading and practice, and to |