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superior courts at Westminster, tried in the said counties palatine respectively, and officiate at the trial of such causes therein as heretofore.

error.

CCXXXIII. Provided also, as to proceedings in As to proerror, that the court of Queen's Bench shall still be ceedings in the court of error from the said court of common pleas at Lancaster and court of pleas at Durham; and that it shall be sufficient to transmit to the said court of Queen's Bench a transcript of the record of any judgment or proceedings in those courts on which error is alleged; and that the judgment of the court of Queen's Bench thereon shall be certified by one of the masters of the said court of Queen's Bench on the said transcript, or by rule of court, as the said court may direct; and that thereupon such judgment shall be entered on the original record in the said respective courts of common pleas at Lancaster and pleas at Durham; and such further proceedings as may be necessary thereon shall be awarded by the said respective courts, subject to the right of either party to allege errors in the said judgment in the said court of Queen's Bench, and proceed thereon as provided by this act in the case of errors alleged in actions depending in that

court.

4 & 5 W. 4,

2 & 3 Vict.

CCXXXIV. From the time when this act shall Certain procommence and take effect so much of a certain act visions of of parliament passed in the fifth year of the reign c. 62, and of His late Majesty King William the Fourth, in- c. 16, retituled "An Act for improving the Practice and pealed. Proceedings in the Court of Common Pleas of the County Palatine of Lancaster," and so much of a certain other act of Parliament passed in the second year of the reign of Her present Majesty, intituled "An Act for improving the Practice and Proceedings of the Court of Pleas of the County Palatine of Durham and Sadberge," as relate to the duration of writs; and to alias and pluries writs, and to the proceedings necessary for making the first writ in any action available to prevent the operation of any statute whereby the time for the commencement of

Short title

of Act.

Act not to
extend to
Ireland or
Scotland.

any action may be limited, shall be repealed, except so far as may be necessary for supporting any writs that have been issued before the commencement of this act, and any proceedings taken or to be taken thereon; but that the other provisions of the said last-mentioned acts of parliament, so far as they are not altered by or inconsistent with the provisions of this act, shall remain in force.

CCXXXV. In citing this act in any instrument, document, or proceeding, it shall be sufficient to use the expression "The Common Law Procedure Act, 1852."

CCXXXVI. Nothing in this act shall extend to Ireland or Scotland, except in the cases herein specially mentioned.

SCHEDULE (A.) referred to in the foregoing Act.

No. 1.

Writ where the Defendant resides within the Jurisdiction. VICTORIA, by the Grace of God, &c.

in the county of

To C. D. of We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our court of in an action at the suit of A. B.; and take notice, that in default of your so doing the said A. B. may proceed therein to judgment and execution. Witness, &c.

Memorandum to be subscribed on the Writ. N.B.-This writ is to be served within (Six) calendar months from the date thereof, or, if renewed, from the date of such renewal, including the day of such date, and not afterwards.

Indorsement to be made on the Writ before Service thereof. This writ was issued by E. F. of attorney for the said plaintiff, or this writ was issued in person by A. B., who resides at [mention the city, town, or parish, and also the name of the hamlet, street, and number of the house of the plaintiff's residence, if any such.]

Indorsement to be made on the Writ after Service thereof. This writ was served by X. Y. on L. M. [the defendant or one of the defendants], on Monday the day of

18 .

(Signed) X. Y.

No. 2.

Writ where the Defendant, being a British Subject, resides out of the Jurisdiction.

VICTORIA, by the Grace of God, &c.

in the county of

To C. D. of We command you, That within [here insert a sufficient number of days within which the defendant might appear, with reference to the distance he may be at from England] days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our court of in an action at the suit of and take notice, that in default of your so doing the

A. B.;

said A. B. may, by leave of the court or a judge, proceed therein to judgment and execution. Witness, &c.

Memorandum to be subscribed on the Writ.

N.B.-This writ is to be served within (Six) calendar months from the date thereof, or, if renewed, from

the date of such renewal, including the day of such date, and not afterwards.

Indorsement to be made on the writ before the service thereof.

This writ is for service out of the jurisdiction of the court, and was issued by E. F. of attorney for the said plaintiff, or this writ was issued in person by A. B., who resides at [mention the city, town, or parish, and also the name of the hamlet, street, and number of the house of the plaintiff's residence, if any such].

The indorsement required by the eighth section should be made on this writ, but should allow the defendant the time limited for appearance to pay the debt and costs.

No. 3.

Writ where the Defendant, not being a British Subject, resides out of the Jurisdiction.

VICTORIA, by the Grace of God, &c.

in the county of

To C. D., late of We command you, That within [here insert a sufficient number of days within which the defendant might appear, with reference to the distance he may be at from England] days after notice of this writ is served on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our court of in an action at the suit of A. B.; and take notice, that in default of your so doing the said A. B. may, by leave of the court or a judge, proceed therein to judgment and execution. Witness, &c.

Memorandum to be subscribed on the Writ.

N.B.-Notice of this writ is to be served within (Six) calendar months from the date thereof, including the day of such date, and not afterwards.

Indorsements as in other cases.

NOTICE of the foregoing writ.

To G. H., late of [Brighton in the county of Sussex], or now residing at [Paris in France].

Take notice, That A. B. of

in the county of

England, has commenced an action at law against

day of

you C. D. in Her Majesty's court of Queen's Bench, by a writ of that court, dated the A. D. 18 ; and you are required within days after the receipt of this notice, inclusive of the day of such receipt, to defend the said action, by causing an appearance to be entered for you in the said court to the said action; and in default of your so doing the said A. B. may, by leave of the court or a judge, proceed thereon to judgment and execution.

[Here state amount of claim as required by eighth section, but allowing the defendant the time limited for appearance to pay debt and costs.]

(Signed)

A. B. of

&c.

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[After the indorsement required by the eighth section of this Act, this special indorsement may be inserted.]

The following are the particulars of plaintiff's claim :
1849.-June 20. Half year's rent to this day
of house and premises in

Street, Westminster

Sept. 12. Ten sacks of flour at 40s.
Dec. 1. Money received by defendant

£ s. d.

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25 10 0

20 0 0

17 0 U

62 10

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To butchers' meat supplied between the 1st of January 1849 and the 1st of January 1850

Paid .

Balance

£52

20

32

[If any account has been delivered, it may be referred to, with its date, or the plaintiff may give such a description of his claim as in a particular of demand, so as to prevent the necessity of an application for further particulars.]

Or,

507. Principal and interest due on a bond dated the conditioned for the payment of 100%.

day of

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