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such books, either by obliterating the same by means of a hand stamp and printing ink, or by writing his initials and the date of cancellation thereon.

3. The fees payable to the clerks of assize acting as associates on circuits, on receiving writs of subpoena and for attendance on such writs, shall be taken in stamps, which shall be affixed to such writ, and be cancelled by the clerk of assize or his officer, in the manner herein before provided.

4. That when any stamp has been cancelled without having been legitimately used, the clerk of assize, or his deputy, shall certify that such stamp is a fit subject for allowance; and it shall be competent to the Board of Inland Revenue, upon the presentation of such certificate, to allow the amount thereof.

5. That distributors of stamps, and all persons licensed to sell stamps in England and Wales, shall be permitted to sell the stamps above referred to.

6. The several clerks of assize shall, on or before the 31st day of December in each year, make out an account of all stamps cancelled in their respective offices, specifying the number of each denomination, and the circuits on which such stamps were respectively received, and shall render such account to the Lords Commissioners of Her Majesty's Treasury.

Given under our hands at the Treasury Chambers, Whitehall, this 13th day of February, 1866.

W. P. ADAM.

LUKE WHITE.

We do hereby signify our concurrence in the before-mentioned Rules and Regulations.

A. E. COCKBURN, Lord Chief Justice of the

Court of Queen's Bench.

W. ERLE, Lord Chief Justice of the Court of
Common Pleas.

FREDERICK POLLOCK, Lord Chief Baron of
the Exchequer.

REGULATIONS AS TO THE MODE OF CANCELLING STAMPS:

WHEREAS by an Act passed in the Session of Parliament, held in the twenty-eighth year of the reign of Her Majesty, cap. 45, intituled " An Act to provide for the Collection, by means of Stamps of Fees payable in the Superior Courts of Law at Westminster, and in the Offices belonging thereto": It is provided by the third section thereof, that the Commissioners of Her Majesty's Treasury, with the concurrence of the Lords Chief Justices and of the Lord Chief Baron, may

of

MODE OF CANCELLING STAMPS.

from time to time make such rules as seem fit for regulating the use of these stamps under this act, and particularly for prescribing the application thereof to documents, from time to time, in use or required to be used for the purposes of such stamps, and for insuring the proper cancellation of adhesive stamps, and keeping account of such stamps. And whereas, by an order made in pursuance of the said act on December 16th last, it was ordered that all adhesive stamps affixed to any paper or document, presented to or kept in the possession any officers of the said courts, or of the clerks to the judges, should, before the act is done or permitted to be done, in respect of which the fee denoted by such stamp is payable, be effectually cancelled by some officer of the said courts, or by one of the said clerks to the judges, by obliterating the same by means of a hand stamp and printing ink, showing the date of the cancellation; and no such document should be filed or delivered out until the stamp thereon should be cancelled or defaced. And whereas it is expedient to alter the said order; now, we being two of the Lords Commissioners of Her Majesty's Treasury, with the concurrence of the Lords Chief Justices and of the Lord Chief Baron, do hereby order and direct that all stamps directed by the said order to be cancelled, may be so cancelled by writing thereon the initial letters of the name of the person by whom the same is so directed to be cancelled, and the date of such cancellation, or in the manner directed by the said order.

Given under our hands at the Treasury Chambers, Whitehall, this 26th day of February, 1866.

RUSSELL.

W. P. ADAM.

We do hereby signify our concurrence in the before-mentioned Rule.

A. E. COCKBURN, Lord Chief Justice of the

Court of Queen's Bench.

W. ERLE, Lord Chief Justice of the Court of
Common Pleas.

FREDERICK POLLOCK, Lord Chief Baron of
the Court of Exchequer.

INDEX.

ABANDONMENT OF ACTION:

against defendants who have appeared, where writ is specially
indorsed, 38.

or continuance, proceedings to compel, in case of death, 289.
ABATEMENT OF ACTION:

introductory observations, xix.

action not to abate by death of plaintiff or defendant, if the right
of action survives, 115.

in replevin, 116.

proceedings in case of death of one or more of several plaintiff's
or defendants, 116.

suggestion of death in such case, 116.

proceedings in case of death of a sole or sole surviving plaintiff,
117.

suggestion of death of sole plaintiff, 117.

trial of truth of suggestion, 117.

proceedings in case of death of a sole or a sole surviving defend-
ant, 117-119.

where death occurs before declaration, 119.

where death after issue joined, 119.

effect of death of either party between verdict and judgment,
119.

proceedings where death occurs after interlocutory and before
final judgment, 120.

writ of revivor in such case to be issued, 120.

marriage not to abate action, 122.

nor proceedings in error, 138.

as to effect of death in proceedings in error, see ERROR.
bankruptcy or insolvency of plaintiff, when not to abate action,

122.

in actions by husband and wife, 123.

proceedings under C. L. P. Act, 1854, by defendant, where action
before the C. L. P. Act, 1852, would have abated, 287.
See PARTIES.

Pleas in:

for nonjoinder of plaintiffs, 43.

in actions on contract, 39.

in actions of tort, 39.

of coverture, 41.

affidavit of truth of, 40, 41.

replication to, 46.

for nonjoinder of defendants, 45.

costs after plea, 46.

affidavit of residence of defendant not joined, 40.

amendment of process after plea, 44, 63.

plaintiff may still enter a cassetur breve, instead of amending, 64.

ABATEMENT OF ACTION - continued.

Pleas in-continued.

manner of entering cassetur breve, 64.

subsequent proceedings against persons named in plea of, 46.
commencement of declaration after plea where plaintiff, without
joining issue, brings a new action, 64.

ABROAD, disability in proceedings in error from being, 126. See
BEYOND THE SEAS.

ABSENCE, beyond seas, see BEYOND THE SEAS.

ACCEPTANCE of bills of exchange, 341. See BILLS OF EXCHANGE.
ACCEPTOR OF BILL: see STAYING PROCEEDINGS.

ACCIDENT:

relief against, by courts of equity, 278.

by superior courts in cases of forfeiture for not insuring, 296.
See RELIEF.

ACCORD AND SATISFACTION:

may be pleaded with other pleas without leave, 82.

ACCOUNT:

power of judge to decide matters of, in a summary way, or to
refer to arbitration, 205, 208.

merchants', see MERCHANTS' ACCOUNTS.

stated, form of count on, 196.

ACKNOWLEDGMENT by agent to have same effect as by party,

when, 343.

ACT: see STATUTE.

title of C. L. P. Act, 1852..186.

commencement of C. L. P. Act, 1852..1.

that act not to extend to Ireland or Scotland, 186.

but to extend in part to the Palatine Courts of Lancaster and
Durham, 182.

and to British subjects out of the jurisdiction, 16.

to foreigners out of the jurisdiction, 27.

and may be extended to any Court of Record in England or
Wales by an Order in Council, 182.

commencement of C. L. P. Act, 1854..293.

title of same, 294.

that act not to extend to Scotland, 294.

but to extend in part to Ireland, 294.

and in part to all courts of civil judicature in England, 293.

to extend to the Palatine Courts, 292.

and may be extended to all Courts of Record in England and
Wales, 293.

commencement of C. L. P. Act, 1860..327.

title of, 327.

may be extended to Courts of Record, 327.

provisions of, relating to counties palatine, 325, 326.

Summary Procedure on Bills of Exchange, 328. And see BILLS

OF EXCHANGE-EXTENT.

Mercantile Law Amendment, 1856..336.

judge's chambers, 345.

relating to witnesses, 487.

disallowing double costs, 481.

relating to limitations of actions under local and personal acts,

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