No. 23.-WRIT OF HABERE FACIAS IN EJECTMENT upon a Judgment by Default.

Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith; to the sheriff of greeting. Whereas

A. B. lately in our Court of Queen's Bench [or "Common Pleas," or "Exchequer of Pleas," as the case may be], by the judgment of the same court, recovered possession of [here describe the property as in the writ of ejectment, or if part only of the land has been recovered, describe such part as in the judgment], with the appurtenances, in your bailiwick: Therefore we command you, that, [If sued out of the Court of Exchequer, say "Therefore we command you, that you omit not by reason of any liberty of your county, but that you enter the same, and"] without delay, you cause the said A. B. to have possession of the said lands and premises with the appurtenances. And in what manner you have executed this our writ make appear to us [or in Common Pleas “to our justices," or in Exchequer "to the barons of our Exchequer," as the case may be,] at Westminster, immediately upon the execution hereof, and have you there then this writ. Witness at Westminster, the day of

in the year of our Lord

No. 24.-WRIT OF HABERE FACIAS and FIERI FACIAS for Costs upon a Judgment for Plaintiff in Ejectment where Defendant has appeared.

Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith; to the sheriff of greeting. Whereas

A. B. lately in our Court of Queen's Bench] or "Common Pleas," or "Exchequer of Pleas," as the case may be,] recovered possession of [here describe the property as in the writ of ejectment, or if part only of the land has been recovered, describe such part as in the judgment,] with the appurtenances, in your bailiwick, in an action of ejectment at the suit of the said A. B. against C. D.; therefore we command you, that, without delay, you cause the said A. B. to have possession of the said lands and premises, with the appurtenances; and we also command you, that [If sued out of the Court of Exchequer, say "and we also command you, that you omit not by

day of

reason of any liberty of your county, but that you enter the same, and that"] of the goods and chattels of the said C. D. in your bailiwick you cause to be made £ which the said A. B. lately in our said court recovered against the said C. D. for the said A. B.'s costs of the said suit, whereof the said C. D. is convicted, together with interest upon the said sum at the rate of four pounds per centum per annum from the in the year of our Lord on which day the judgment aforesaid was entered up, and have that money and interest aforesaid in our said court immediately after the execution hereof, to be rendered to the said A. B.; and that you do all things as by the statute passed in the second year of our reign you are authorized and required to do in that behalf. And in what manner you shall have executed this our writ make appear to us [or in the Common Pleas "before our justices," or in the Exchequer "before the barons of our Exchequer," as the case may be,] at Westminster immediately after the execution hereof, and have you there then this writ. at Westminster, the

ness

the year of our Lord

day of

Wit

in

No. 25.-WRIT OF FIERI FACIAS for Costs on a Judgment for Plaintiff in Ejectment where Defendant has appeared.

Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith; to the sheriff of greeting. We command you, that [If sued out of the Court of Exchequer, "We command you, that you omit not by reason of any liberty of your county, but that you enter the same, and"] of the goods and chattels of C. D. in your bailiwick you cause to be made £ which Å. B.

lately in our Court of Queen's Bench [or "Common Pleas," or "Exchequer of Pleas," as the case may beļ recovered against him, for the said A. B.'s costs of suit in an action of ejectment brought by the said A. B. against the said C. D. in that court, whereof the said C. D. is convicted, together with interest upon the said sum at the rate of four pounds per centum per annum from the day of in the year of our Lord on which day the judgment aforesaid was entered up, and have that money, with such interest as aforesaid, before us [or in the Common Pleas

"before our justices," or in the Exchequer "before the barons of our Exchequer," as the case may be,] at Westminster immediately after the execution hereof, to be rendered to the said A. B.; and that you do all things as by the statute passed in the second year of our reign you are authorized and required to do in that behalf. And in what manner you shall have executed this our writ make appear to us [or in the Common Pleas "to our justices," or in the Exchequer "to the barons of our Exchequer," as the case may be,] at Westminster immediately after the execution hereof, and have you there then this writ. Witness

at Westminster, the

year of our Lord

day of

in the

Signed by the JUDGES.

January 11, 1853.

REGULE GENERALES AS TO PLEADING

MADE BY

THE JUDGES,

IN PURSUANCE OF THE COMMON LAW PROCEDURE ACT.

TRINITY TERM, 1853.*

WHEREAS, pursuant to the provisions of the statute passed in the Session of Parliament held in the third and fourth years of the reign of his late majesty king William the Fourth, intituled "An Act for the further Amendment of the Law and the better Advancement of Justice," the judges of the Superior Courts of Common Law at Westminster made certain rules, orders and regulations as to the mode of pleading and other matters in the said act mentioned, which said rules, orders, and regulations were duly laid before both houses of parliament, as required by that statute, and came into effect and operation respectively on the first day of Easter term, in the year of our Lord one thousand eight hundred and thirtyfour, and the first day of Michaelmas Term, in the year of our Lord one thousand eight hundred and thirty-eight:

And whereas it is provided by the "Common Law Procedure Act, 1852," that it should be lawful for the judges of the Courts of Common Law at Westminster, or any eight or more of them, of whom the chiefs of each of the said courts should be three, from time to time to make all such general rules and orders for the effectual execution of that act, and of the intention and object thereof, and for fixing the costs to be allowed for and in respect of the matters therein contained, and the performance thereof, and for apportioning the costs of issues, and for other purposes mentioned in the said act, as in their judgment should

These Rules (which, although dated as of Hilary Term, are more generally referred to as of Trinity Term, 1853, when they took effect) relate almost exclusively to pleading, as distinguished from practice, and are so far beyond the scope of this work.

See generally C L P. A, 1852, ss. 49-91, and notes, ante; and Bullen and Leake's Precedents of Pleadings.

be necessary or proper; and to exercise all the powers and authority given to them by an Act of Parliament passed in the session of parliament held in the thirteenth and fourteenth years of the reign of her present Majesty, intituled "An Act to enable the Judges of the Courts of Common Law at Westminster to alter the forms of Pleading," with respect to any matter therein contained relative to practice or pleading; and the provisions of the said last-mentioned act, as to the rules, orders, or regulations made in pursuance thereof, should be held applicable to any rules, orders, or regulations which should be made in pursuance of the said Common Law Procedure Act, one thousand eight hundred and fifty-two:

And whereas by the said act passed in the session of parliament held in the thirteenth and fourteenth years of the reign of her present majesty powers were given to the judges of the courts of common law at Westminster, by rules and orders to make alterations in the forms of pleading in the said courts, and respecting other matters in that act mentioned; and it was enacted, that all such rules, orders, or regulations should be laid before both houses of parliament in manner directed by the said act; and that no such rule, order, or regulation should have effect until three months should have been so laid before both houses of parliament; and that any rule, order, or regulation so made should from and after such time aforesaid be binding and obligatory on the said courts, and all other courts of common law, and on all courts of error, and be of like force and effect as if the provisions contained therein had been expressly enacted by parliament:

And whereas it is expedient for the effectual execution of the said "Common Law Procedure Act, 1852," that the said rules, orders, and regulations respectively made in pursuance of the said statute passed in the session of parliament held in the third and fourth years of the reign of his late majesty king William the Fourth should be repealed, and that other rules, orders, and regulations should be framed in lieu thereof:

IT IS THEREFORE ORDERED, that from and after the first day of Trinity Term next inclusive, unless Parliament shall in the mean time otherwise enact, the said rules, orders, and regulations made respectively in pursuance of the said statute passed in the session of Parliament held in the third and fourth years of the reign of His late Majesty King William the Fourth shall be and are hereby repealed, excepting so far as