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In the borough of Southwark the writ is directed "To the sheriff of Surrey."

To Berwick-upon-Tweed, writs are directed "To the sheriff of the county of the borough and town of Berwick-uponTweed."

To the coroners of a county, &c., the writ is directed thus:-"To the coroners of our county of or "of our city of

To Berwick, however, the writ is directed "To the coroner of the county of the borough and town of Berwick-uponTweed."

To elisors it is directed thus:-"To A. B. and C. D., elisors appointed by our court of in this behalf."

APPENDIX.

STATUTES

RELATING TO

PLEADING AND PRACTICE

IN THE

SUPERIOR COURTS OF COMMON LAW.

[5 & 6 VICT. c. 97.*]

An Act to amend the Law relating to Double Costs,

Notices of Action, Limitations of Actions, and
Pleas of the General Issue, under certain Acts
of Parliament.
[10th August, 1842.]

WHEREAS divers acts of parliament, public, local and
personal, contain enactments or provisions relating to the
recovery of double, treble, or other costs in certain cases,
and to the pleading of the general issue and the giving any
special matter in evidence at any trial to be had for any
matter done in pursuance of or under the authority of the
said acts, and to the giving of notice of action before any
action shall be commenced: And whereas it is expedient
that the law should be altered in such respects: Be it there-
fore enacted by the Queen's most excellent majesty, by and
with the advice and consent of the lords spiritual and tem-
poral, and commons, in this present parliament assembled,
and by the authority of the same, that so much of any
clause, enactment, or provision in any act or acts commonly
called public local and personal, or local and personal, or in
any act or acts of a local or personal nature, whereby it is
enacted or provided that either double or treble costs, or any
other than the usual costs between party and party, shall or
may be recovered, shall be and the same are hereby re-
pealed: Provided always, that in lieu thereof the usual costs
between party and party shall and may be recovered, and no

more.

Repeal of provision in

local and personal acts giving treble costs.

double and

2. And be it enacted, that so much of any clause, enact- Repealing ment, or provision in any public act or acts, not local or

This useful Act is commonly known as "Sir Frederick Pollock's Act."
Y

D.

provision in

482

public acts giving double and treble costs.

Repeal of
provision in
local and

personal acts
allowing

general issue.

Uniformity of notice of action.

General li

mitation of actions un

APPENDIX.

personal, whereby it is enacted or provided that either double or treble costs, or any other than the usual costs between party and party, shall or may be recovered, shall be and the same are hereby repealed: Provided always, that instead of such costs the party or parties heretofore entitled under such last-mentioned acts to such double, treble, or other costs shall receive such full and reasonable indemnity as to all costs, charges, and expenses incurred in and about any action, suit, or other legal proceeding, and shall be taxed by the proper officer in that behalf, subject to be reviewed in like manner and by the same authority as any other taxation of costs by such officer.

3. And be it enacted, that so much of any clause or provision in any act or acts commonly called public local and personal, or local and personal, or in any act or acts of a local and personal nature, whereby any party or parties are entitled or permitted to plead the general issue only and to give any special matter in evidence without specially pleading the same, shall be and the same is hereby repealed.

The 11 Geo. 1, c. 301, s. 43, authorizing the Royal Exchange and London Assurance Corporations to plead, in answer to actions of covenant, "that they have not broken the covenants in such policy contained, or any of them," is not an act of a local and personal nature within the meaning of this act, and the authority given to those corporations to plead the plea in question is therefore unrepealed (Carr v. The Royal Exchange Assurance Corporation, 1 B. & S. 956; L. J. 31, Q. B. 98).

4. And whereas it is expedient that the law should be uniform with respect to notice of action in all cases where such notice of action is required: Be it therefore enacted, that from and after the passing of this act, in all cases where notice of action is required, such notice shall be given one calendar month at least before any action shall be commenced; and such notice of action shall be sufficient, any act or acts to the contrary thereof notwithstanding.

The legislature did not intend by this section to prevent all
future acts from containing provisions regulating notice of
action (Boden v. Smith, L. J. 18, C. P. 121).

As to how a calendar month is to be reckoned, see Freeman
v. Read (4 B. & S. 174; L. J. 32, M. C. 226).

5. And whereas divers acts commonly called public local and personal, or local and personal acts, and divers other der local and acts of a local and personal nature, contain clauses limiting personal acts. the time within which actions may be brought for anything done in pursuance of the said acts respectively: And whereas the periods of such limitations vary very much, and it is expedient that there should be one period of limitation only: Be it therefore enacted, that from and after the passing of this act the period within which any action may be brought for anything done under the authority or in

pursuance of any such act or acts shall be two years, or in
case of continuing damage then within one year after such
damage shall have ceased; and that so much of any clause,
provision, or enactment by which any other time or period
of limitation is appointed or enacted shall be and the same is
hereby repealed.

As to what acts have been held to be local and personal
within this section, see Chitty's statutes, 3rd edit., vol. iii.,
p. 66.

As to how far this act is prospective, see Boden v. Smith (ubi
supra), decided under section 4.

6. Provided always, and be it enacted, that nothing herein contained shall extend or be construed to extend to any action, bill, plaint, or information, or any legal proceeding of any kind whatsoever, commenced before the passing of this act, but such proceedings may be thereupon had and taken in all respects as if this act had not passed.

Act not to extend to brought before passing

actions, &c.

of this act.

[6 & 7 VICT. c. 82.]

An Act for extending to Scotland and Ireland the Power of the Lord High Chancellor to grant Commissions to enable Persons to take and receive Affidavits; and for amending the Law relating to Commissions for the Examination of Witnesses. [22nd August, 1843.] WHEREAS it would be convenient to extend to Scotland and Ireland the power of the Lord High Chancellor of Great Britain to grant commissions in order to enable persons to take affidavits, affirmations, and declarations: Be it therefore 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, cellor to have and by the authority of the same, that the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal, for the time being, shall have such and the same powers for commissions granting commissions for the purpose of enabling fit and proper persons to take and receive affidavits, affirmations, and declarations in Scotland and Ireland, and to perform the land and Ire- other duties of masters extraordinary of the High Court of Chancery in England, as he and they now have in any part of the kingdom of England.

Lord Chan

the same

powers for granting

for taking

affidavits,

&c. in Scot

land as he

now has in England.

Persons wilfully swear

ing falsely in any affidavit,

&c. in Scotland deemed guilty of

perjury, and liable to

punishment

2. And be it enacted, that all and every persons and person wilfully swearing or affirming or declaring falsely in any affidavit or affirmation or declaration to be made in that part of the United Kingdom called Scotland, before any person or persons who shall be empowered to take affidavits or affirmations or declarations in Scotland under the authority aforesaid, shall be deemed guilty of perjury, and in same man- shall be liable to prosecution and punishment for perjury in the same manner and to the same effect as if such persons or person had wilfully sworn falsely as a witness or witnesses in open court in any judicial proceeding in Scotland, or in any court of competent jurisdiction in that part of the United Kingdom in which such person shall be apprehended on such a charge; and it shall be competent to bring such prosecution, if brought in Scotland, either in the Court of Justiciary or in the Sheriff Court of the county within which the offence shall have been committed.

ner as per

sons swear

ing falsely in open court.

Persons wilfully swear

ing falsely in any affidavit

3. And be it enacted, that all and every persons and person wilfully swearing or affirming falsely in affidavit any or affirmation to be made before any person or persons who shall be empowered to take affidavits or affirmations in Ireation in Ireland under the authority aforesaid shall be deemed guilty of perjury, and shall incur and be liable to the same pains and

or affirm

land deemed

guilty of

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