The Common Law Procedure Act, 1854, (17 & 18 Vict. Cap. 125), with Practical Notes ...Butterworths, 1854 - 124 pages |
From inside the book
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Page vii
... the amendments in existing pro- cedure effected by the statute . A list of ten chapters may excite , not unna- turally , an expectation that the various matters of which they form the subject have been treated fully and PREFACE . vii.
... the amendments in existing pro- cedure effected by the statute . A list of ten chapters may excite , not unna- turally , an expectation that the various matters of which they form the subject have been treated fully and PREFACE . vii.
Page xxiv
... matters entirely beyond the cognizance of the Common Law . It represents the Crown as parens patriæ , in the guardianship of infauts and lunatics , and in the superintendence of charities . In other cases it exercises a jurisdiction ...
... matters entirely beyond the cognizance of the Common Law . It represents the Crown as parens patriæ , in the guardianship of infauts and lunatics , and in the superintendence of charities . In other cases it exercises a jurisdiction ...
Page xxiv
... matters within their jurisdiction , or public officers to perform duties imposed upon them , as to make a rate and the like . In more recent times , the remedy has been extended to cases in which the rights of private individuals only ...
... matters within their jurisdiction , or public officers to perform duties imposed upon them , as to make a rate and the like . In more recent times , the remedy has been extended to cases in which the rights of private individuals only ...
Page xxiv
... which the defendant justifies his resistance . This return might have been a traverse of some fact alleged as ground for the writ , or an allegation of fresh not . Specific Per- matter in answer to the prosecutor's case . INTRODUCTION .
... which the defendant justifies his resistance . This return might have been a traverse of some fact alleged as ground for the writ , or an allegation of fresh not . Specific Per- matter in answer to the prosecutor's case . INTRODUCTION .
Page xxiv
Robert Malcolm Kerr. Specific Per- matter in answer to the prosecutor's case . formance . If the writ were bad upon the face of it , as not suggest- ing , in fact , a case justifying the mandatory part , the defendant might , without ...
Robert Malcolm Kerr. Specific Per- matter in answer to the prosecutor's case . formance . If the writ were bad upon the face of it , as not suggest- ing , in fact , a case justifying the mandatory part , the defendant might , without ...
Other editions - View all
The Common Law Procedure Act, 1854, (17 & 18 Vict., Cap. 125, ) with ... Robert Malcolm Kerr No preview available - 2018 |
The Common Law Procedure Act, 1854, (17 & 18 Vict., Cap. 125,) with ... Robert Malcolm Kerr No preview available - 2017 |
The Common Law Procedure Act, 1854, (17 & 18 Vict., Cap. 125,) With ... Robert Malcolm Kerr No preview available - 2019 |
Common terms and phrases
action of ejectment admissible affidavit allowed amendment application appointed arbitrator attesting witness attorney award called ceedings chattels Common Law Procedure compel costs Court of Appeal Court of Chancery court of equity Court of Error court or judge Courts of Common Courts of Law creditor cross-examination debt defendant detinue discovery dispute document duty enactment enforced entitled examination of witnesses fact garnishee give given granted ground hitherto inspection instrument interrogatories issue judgment debtor jurisdiction jury justice Law of Evidence Law Procedure Act Law Rep matter ment motion nisi prius opposite party otherwise payment penalty person plaintiff plea pleadings prerogative writ proceedings prove purpose question reference refused respect rule of court rule or order show cause stamp statement statute superior courts therein think fit tion trial by jury trial de novo umpire Vict Westminster writ of execution writ of injunction writ of mandamus writ of summons writing
Popular passages
Page 19 - Judge, prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement 4.
Page 15 - If any person called as a witness, or required or desiring to make an affidavit or deposition, shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the court or judge or other presiding officer, or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following; videlicet, " I, AB, do...
Page lxxv - Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 11 - If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.
Page xxxii - ... court, upon such terms as to costs and otherwise as such court or judge shall think reasonable ; and the decision or order of such court or judge, or the award or certificate of such referee, shall be enforceable by the same process as the finding of a jury upon the matter referred.
Page 10 - In any of the following cases — (a) where a submission provides that the reference shall be to a single arbitrator, and all the parties do not, after differences have arisen, concur in the appointment of an arbitrator; (b) if an appointed arbitrator refuses to act...
Page lxxii - It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite, and such instrument may be proved by admission or otherwise, as if there had been no attesting witness thereto.
Page 44 - Either party shall be at liberty to apply to the court or a judge for a rule or order for the inspection by the jury, or br himself, or by his witnesses, of any real or personal property the inspection of which may be material to the proper determination of the question in dispute...
Page 70 - Courts shall be three, from time to time to make all such general rules and orders for the effectual execution of this Act, and of the intention and object hereof...
Page 41 - Act, 1854 (a), which enacted, that " in all causes in any of the superior courts, by order of the court or a judge, the plaintiff may (with the declaration), and the defendant may (with the plea), or either of them, by leave of the court or a judge, may at any other time, deliver to the opposite party, or his attorney (provided such party, if not a body corporate, would be liable to be called and examined as a witness upon such matter), interrogatories in writing upon any matter as to which discovery...