CIV. The provisions of this act shall come into Commenceoperation on the twenty-fourth day of October in ment of act. the year of our Lord one thousand eight hundred and fifty-four. may direct to extend to any court of record. CV. It shall be lawful for her majesty from time Her majesty to time, by an order in council, to direct that all or all or part any part of the provisions of this act, or of the rules of this act to be made in pursuance thereof, shall apply to all or any court or courts of record in England and Wales, and within one month after such order shall have been made and published in the "London Gazette" such provisions and rules respectively shall extend and apply in manner directed by such order, and any such order may be in like manner from time to time altered and annulled; and in and by any such order her Majesty may direct by whom any powers or duties incident to the provisions applied under this act, or the Common Law Procedure Act, 1852, shall and may be exercised with respect to matters in such court or courts, and may make any orders or regulations which may be deemed requisite for carrying into operation in such court or courts the provisions so applied. of act. CVI. In citing this act in any instrument, do- Short title cument, or proceeding it shall be sufficient to use the expression "The Common Law Procedure Act, 1854." CVII. Nothing in this act shall extend to Ire- Act not to land or Scotland, save as aforesaid. extend to Ireland or Scotland. APPENDIX. 1 WILL. IV. c. 22. An Act to enable Courts of Law to order the Examin- WHEREAS great difficulties and delays are often ex- act, as to the India, ex &c., and to at West commission appear necessary. when exa- have arisen, and whether the same may have arisen mination by within the jurisdiction of the court to the judges shall whereof the writ or commission may be directed, or elsewhere, when it shall appear that the examination of witnesses under a writ or commission issued in pursuance of the authority hereby given will be necessary or conducive to the due administration of justice in the matter wherein such writ shall be applied for. Judges to whom the commission is directed II. And be it further enacted, when any writ or commission shall issue under the authority of the said recited act, or of the power herein before given by this empowered act, the judge or judges to whom the same shall be directed shall have the like power to compel and enforce the attendance and examination of witnesses as the court whereof they are judges does or may possess for that purpose in suits or causes depending in such to enforce the attendance of wit nesses. Costs of writs to be in the discretion of the court. Courts at Westminster, Lan Durham may order witnesses court. III. And be it further enacted, That the costs of every writ or commission to be issued under the authority of the said recited act, or of the power hereinbefore given by this act, in any action at law depend. ing in either of the said courts at Westminster, and of the proceedings thereon, shall be in the discretion of the court issuing the same. IV. And be it further enacted, That it shall be lawful to and for each of the said courts at Westminster, caster, and and also the court of Common Pleas of the county palatine of Lancaster, and the court of Pleas of the the examin- county palatine of Durham, and the several judges ation of thereof, in every action depending in such court, upon within their the application of any of the parties to such suit, to jurisdiction order the examination on oath, upon interrogatories or by an officer otherwise, before the master or prothonotary of the or may or- said court, or other person or persons to be named in der a com- such order, of any witnesses within the jurisdiction of mission for the court where the action shall be depending, or to that purpose out of their order a commission to issue for the examination of jurisdiction. witnesses on oath at any place or places out of such of the court; jurisdiction, by interrogatories or otherwise, and by the same or any subsequent order or orders to give all such directions touching the time, place, and manner of such examination, as well within the jurisdiction of the court wherein the action shall be depending as without, and all other matters and circumstances connected with such examinations, as may appear reasonable and just. ments. deemed a V. And be it further enacted, That when any rule Compelling or order shall be made for the examination of witnesses attendance of witnesses, within the jurisdiction of the court wherein the action or producshall be depending, by authority of this act, it shall be tion of doculawful for the court, or any judge thereof, in and by the first rule or order to be made in the matter, or any subsequent rule or order, to command the attendance of any person to be named in such rule or order, for the purpose of being examined, or the production of any writings or other documents to be mentioned in such rule or order, and to direct the attendance of any such person to be at his own place of abode, or elsewhere, if necessary or convenient so to do; and Disobethe wilful disobedience of any such rule or order shall dience to be be deemed a contempt of court, and proceedings may contempt be thereupon had by attachment (the judge's order of court. being made a rule of court before or at the time of the application for an attachment), if, in addition to the service of the rule or order, an appointment of the time and place of attendance in obedience thereto, signed by the person or persons appointed to take the examination, or by one or more of such persons, shall be also served together with or after the service of such rule or order: Provided always, that every person Payment of whose attendance shall be so required shall be entitled expenses. to the like conduct money and payment for expences and loss of time as upon attendance at a trial: Pro- Proviso as vided also, that no person shall be compelled to pro- tion of docuproducduce, under any such rule or order, any writing or ments. other document that he would not be compellable to produce at a trial of the cause. examina VI. And be it further enacted, That it shall be law- Prisoners ful for any sheriff, gaoler, or other officer having the may be removed by custody of any prisoner, to take such prisoner for ex- habeas amination under the authority of this act, by virtue of corpus for a writ of habeas corpus to be issued for that purpose, tion. which writ shall and may be issued by any court or judge under such circumstances and in such manner as such court or judge may now by law issue the writ commonly called a writ of habeas corpus ad testifi candum. VII. And be it further, enacted, That it shall be Examinalawful for all and every person authorized to take the tion of witexamination of witnesses by any rule, order, writ, or taken upon commission made or issued in pursuance of this act, oath. nesses to be |