require; provided that nothing herein contained shall be construed to restrain the authority or limit the jurisdiction of the said courts or of the judges thereof to make rules or orders, or otherwise to regulate and dispose of the business therein.

This is the same as C. L. P. A. 1854, s. 97 (ante, p. 291).

38. Such new or altered writs and forms of proceedings may be issued, entered and taken as may by the judges of the said courts, or any eight or more of them, of whom the chiefs of each of the said courts shall be three, be deemed necessary or expedient for giving effect to the provisions hereinbefore contained, and in such forms as the judges of such courts respectively shall from time to time think fit to order; and such writs and proceedings shall be acted upon and enforced in such and the same manner as writs and proceedings of the said courts are now acted upon and enforced, or as near thereto as the circumstances of the case will admit; and any existing writ or proceeding the form of which shall be in any manner altered in pursuance of this act shall nevertheless be of the same force and virtue as if no alteration had been made therein, except as far as the effect thereof may be varied by this act.

This is in terms the same as C. L. P. A. 1854, s. 98 (ante, p. 291).

INTERPRETATION OF TERMS.

New forms other proceedings.

of writs and

tion of terms.

39. In the construction of this act the word "court" Interpretashall be understood to mean any one of the Superior Courts of common law at Westminster; and the word "judge❞ shall be understood to mean a judge or baron of any of the said courts; and the word "master" shall be understood to mean a master of any of the said courts; and the word "action" shall be understood to mean any action in any of the said courts.

This section agrees in interpretation of terms with C. L. P. A. 1854, s. 99 (see note, p. 292, ante), except in its extension of the term "action" to actions other than "personal.”

See also C. L. P. A. 1852, s. 227 (ante, p. 181), wherein "action" is limited to personal actions brought by writ of sum

mons.

COUNTIES PALATINE.

40. All the enactments and provisions of this act Provisions shall extend and apply to the Court of Common Pleas relating to

superior

ply to Court

of Common Pleas at

Lancaster

Pleas at

Durham.

courts to ap- at Lancaster and the Court of Pleas at Durham, and actions and proceedings therein respectively, subject to the following modifications: All the powers given and Court of by this act to the judges of the said Superior Courts of common law at Westminster to make general rules and orders shall and may be exercised by the respective judges of the Court of Common Pleas at Lancaster and Court of Pleas at Durham, being judges of one of the said common law courts at Westminster, or any two of them respectively, with respect to the said Court of Common Pleas at Lancaster and Court of Pleas at Durham respectively, and matters and proceedings therein within the jurisdiction of the same courts respectively; and all powers under this act exercisable by any one judge of the Superior Courts at Westminster shall and may be exercisable by one judge of the said Superior Courts of the said counties palatine, being also a judge of one of the said courts at Westminster, as to matters and proceedings in the said Superior Courts of the said counties palatine.

Provisions as

courts at

to apply to prothono

See C. L. P. A. 1852, ss. 229-231 (ante, pp. 182-184), and C. L. P. A. 1854, s. 100 (ante, p. 292).

41. Provided always, that all the provisions of this to masters of act applicable to masters of the said courts at WestWestminster minster shall apply to the respective prothonotaries of the Court of Common Pleas at Durham and their respective deputies, who may singly exercise, with reference to matters and proceedings in the lastmentioned courts respectively, the powers hereby given to any one or more of the masters of the superior courts at Westminster.

taries of pa

latinate courts.

As to proceedings in appeal.

See C. L. P. A. 1852, s. 232 (ante, p. 184), and C. L. P. A. 1854, s. 101 (ante, p. 293).

42. Provided also, as to proceedings in appeal, that the Court of Queen's Bench, being the Court of Error from the said Court of Common Pleas at Lancaster and Court of Pleas at Durham, shall also be the Court of Appeal from the said respective courts for the purposes of this act.

See C. L. P. A. 1852, s. 233 (ante, p. 185), and C. L. P. A. 1854, s. 102 (ante, p. 293).

COMMENCEMENT OF ACT.

43. The provisions of this act shall come into operation on the tenth day of October, in the year of our Lord one thousand eight hundred and sixty.

Commencement of act.

may direct

extend to any

44. It shall be lawful for her Majesty from time to Her Majesty time, by any order in council, to direct that all or any all or part of part of the provisions of this act, or of the rules to be this act to made in pursuance thereof, shall apply to all or any court of Court or Courts of Record in England and Wales, record. 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 shall and may be exercised with respect to matters in such court or courts, and may make any order or regulations which may be deemed requisite for carrying into operation in such court or courts the provisions so applied.

See C. L. P. A. 1852, s. 228 (ante, p. 182), and C. L. P. A. 1854, s. 105 (ante, p. 293).

45. In citing this act in any instrument, document short title. or proceeding, it shall be sufficient to use the expres

sion "The Common Law Procedure Act, 1860."

46. Nothing in this act shall extend to Ireland or Extent of Scotland.

act.

THE

SUMMARY PROCEDURE ON BILLS OF EXCHANGE ACT, 1855.*

(18 & 19 VICT. c. 67.)

An Act to facilitate the Remedies on Bills of Exchange and Promissory Notes by the Prevention of frivolous or fictitious Defences to Actions [23rd July, 1855.]

thereon. WHEREAS bonâ fide holders of dishonoured bills of exchange and promissory notes are often unjustly delayed and put to unnecessary expense in recovering the amount thereof by reason of frivolous or fictitious defences to actions thereon, and it is expedient that greater facilities than now exist should be given for the recovery of money due on such bills or notes: be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by authority of the same, as follows:

This preamble well sets forth the mischief intended to be remedied by this enactment; which has been so framed as to leave every reasonable opportunity to defendants, having bonâ fide defences, to set them up; while it deprives the ordinary class of defendants, in actions on bills of exchange and promissory notes, of the opportunities they formerly enjoyed of delaying their creditors and putting them to useless costs. It was urged upon the legislature to treat dishonoured bills as quasi judgments; but this foreign practice, which seems to be based upon no sound principle whatever, the legislature refused to adopt.

It would seem from the mischief contemplated by the act, and also from the terms in which the remedy is provided, that summary procedure under this act, does not lie against persons who are not actual parties to the instrument, but who have become liable thereon indirectly, either by representation, as in the case of executors and administrators; or by marriage; see Leigh and wife, executor, &c. v. Baker, executrix, &c. (2 C. B. N. S. 367); and Marriage v. Skiggs (4 D. G. & J. 4; L. J. 28, Ch. 433): but it seems to be quite immaterial whether the holder is entitled in a representative character, or otherwise.

This act is generally known as "Sir H. S. Keating's Act.”

1855, all ac

change, &c.

mons, as

Schedule A.

filing affidasonal service, may at once sign final judgment, as

vit of per

Form in

Schedule B.

1. From and after the twenty-fourth day of October, From Oct. 24, one thousand eight hundred and fifty-five, all actions tions upon upon bills of exchange or promissory notes commenced bills of exwithin six months after the same shall have become may be by due and payable may be by writ of summons in the writ of sumspecial form contained in schedule A. to this act an- Form in nexed, and indorsed as therein mentioned; and it shall Plaintiff, on be lawful for the plaintiff, on filing an affidavit of personal service of such writ within the jurisdiction of the court, or an order for leave to proceed, as provided by the "Common Law Procedure Act, 1852," and a copy of the writ of summons and the indorsements thereon, in case the defendant shall not have obtained leave to appear and have appeared to such writ according to the exigency thereof, at once to sign final judgment in the form contained in schedule B. to this act annexed (on which judgment no proceeding in error shall lie) for any sum not exceeding the sum indorsed on the writ, together with interest, at the rate specified (if any), to the date of the judgment, and a sum for costs to be fixed by the masters of the superior courts or any three of them, subject to the approval of the judges thereof or any eight of them (of whom the lord chief justices and the lord chief baron shall be three), unless the plaintiff claim more than such fixed sum; in which case the costs shall be taxed in the ordinary way, and the plaintiff may upon such judgment issue execution forthwith.

A cheque upon a banker has been held to be a bill of exchange, within the scope of this enactment (Eyre v. Waller, 5 H. & N. 460; L. J. 29, Ex. 246); and see Keene v. Beard (8 C. B. N. S. 272).

In the case of a note payable on demand, the six months begin to run immediately upon the making; but where a writ is issued after that period, the proceedings are not a nullity, but merely

* Sect. 17 (ante, p. 11).

See as to indorsement s. 5, n., and R. G., 26 Nov. 1855, post.

It has been held that Sunday is not to be included in days for appearance, if it is the last day (Lewis v. Calor, 1 F. & F. 306, Erle, J.); which case agrees with Mumford v. Hitchcocks (14 C. B. N. S. 361; L. J. 32, C. P. 168); and see R. G. H. T. 1853, r. 174, note, post.

§ Friday, Nov. 2, 1855.

In pursuance of "The Summary Procedure on Bills of Exchange Act, 1855," the masters of the superior courts of common law have fixed, with the approval of the judges, the following sums for costs to be allowed in cases in which the plaintiff has signed final judgment for default of appearance, viz.:

Above £20