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Common Law Procedure Act 1852

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. I.Commencement of Act.

  3. Writs for Commencement of Actions

    1. Personal Actions, when Defendant resides within the Jurisdiction, to be commenced by Writ of Summons in Form No.1 of Schedule (A).

      1. II.All Personal Actions brought in Her Majesty's Superior Courts of...

    2. No Form or Cause of Action to be mentioned in Writ.

      1. III.It shall not be necessary to mention any Form or...

    3. Writ to state Names of all Defendants, and for only One Action.

      1. IV.Every Writ of Summons shall contain the Names of all...

    4. Writ to be dated of Day of issuing, and tested in Name of Chief or Senior Judge.

      1. V.Every Writ of Summons shall bear Date on the Day...

    5. Writ to be indorsed with Name and Abode of Attorney, or a Memorandum that Writ has been sued by Plaintiff in person.

      1. VI.Every Writ of Summons shall be indorsed with the Name...

    6. Attorney on Demand to declare whether Writ issued by his Authority, and to declare Name and Abode of his Client, if ordered.

      1. VII.Every Attorney whose Name shall be indorsed on any Writ...

    7. If Writ issued without Authority of Attorney Proceedings to be stayed. Indorsement of Debt and Costs on Writ and Copy of Writ for a Debt, with Notice that Proceedings will be stayed on Payment within Four Days.

      1. VIII.Upon the Writ and Copy of any Writ served for...

    8. Concurrent Writs may be issued.

      1. IX.The Plaintiff in any such Action may, at any Time...

    9. From Commencement of this Act certain Provisions of 2 W.4 c.39 repealed.

      1. X.From the Time when this Act shall commence and take...

    10. Renewal of Writs of Summons to save the Statute of Limitation, and for other Purposes.

      1. XI.No original Writ of Summons shall be in force for...

    11. Renewal of Writs issued before this Act.

      1. XII.Where any Writ of Summons in any such Action shall...

    12. Production of renewed Writ Evidence of Commencement of Action.

      1. XIII.The Production of a Writ of Summons purporting to be...

    13. Writ may be served in any County.

      1. XIV.The Writ of Summons in any Action may be served...

    14. Indorsement of Service to be made.

      1. XV.The Person serving the Writ of Summons shall and he...

    15. As to Service of Writ on Corporation and Inhabitants of Hundreds and Towns.

      1. XVI.Every such Writ of Summons issued against a Corporation Aggregate...

    16. Proceedings where personal Service cannot be effected, but Defendant knows of the Writ, and evades Service.

      1. XVII.The Service of the Writ of Summons, wherever it may...

    17. As to Actions against British Subjects residing out of the Jurisdiction of Superior Courts.

      1. XVIII.In case any Defendant, being a British Subject, is residing...

    18. As to Actions against Foreigners residing out of the Jurisdiction of Superior Courts.

      1. XIX.In any Action against a Person residing out of the...

    19. Omission to insert or indorse Matters in or on Writ not to nullify it.

      1. XX.If the Plaintiff or his Attorney shall omit to insert...

    20. Substitution by Mistake or Inadvertence of One Form of Writ for another may be by Judge without Costs.

      1. XXI.If either of the Forms of Writ of Summons contained...

    21. Writs for Service within and without Jurisdiction may be concurrent, and vice versa.

      1. XXII.A Writ for Service within the Jurisdiction may be issued...

    22. Affidavits in certain Cases may be sworn before a Consul.

      1. XXIII.Any Affidavit for the Purpose of enabling the Court or...

    23. Distringas to compel Appearance or to proceed to Outlawry abolished.

      1. XXIV.From the Time when this Act shall commence and take...

    24. Special Indorsement of the Particulars of Debts or liquidated Demands may be made on the Writ.

      1. XXV.In all Cases where the Defendant resides within the Jurisdiction...

  4. Appearance, and Proceedings in default of Appearance

    1. Appearance according to Provisions of Acts of 12 G.1 c.29, and 2 W.4 c.39, abolished.

      1. XXVI.From the Time when this Act shall commence and take...

    2. Final Judgment upon Writ specially indorsed in default of Appearance.

      1. XXVII.In case of Nonappearance by the Defendant, where the Writ...

    3. Judgment for Nonappearance where the Writ is not indorsed in the special Form.

      1. XXVIII.In case of such Nonappearance, where the Writ of Summons...

    4. Appearance to be entered at any Time before Judgment.

      1. XXIX.The Defendant may appear at any Time before Judgment and...

    5. Appearance by the Defendant in Person to give an Address at which Proceedings may be served.

      1. XXX.Every Appearance by the Defendant in Person shall give an...

    6. Mode of Appearance to Writ of Summons.

      1. XXXI.The Mode of Appearance to every such Writ of Summons,...

    7. Proceedings mentioned in Writ or Notice may be had and taken.

      1. XXXII.All such Proceedings as are mentioned in any Writ or...

    8. Proceedings where only some of the Defendants appear to a Writ specially endorsed.

      1. XXXIII.In any Action brought against Two or more Defendants, where...

  5. Joinder of Parties

    1. Nonjoinder and Misjoinder of Plaintiffs may be amended before Trial.

      1. XXXIV.It shall and may be lawful for the Court or...

    2. Nonjoinder and Misjoinder of Plaintiffs may be amended at the Trial, as in Cases of Amendments of Variances under 3 & 4 W.4 c.42.

      1. XXXV.In case it shall appear at the Trial of any...

    3. Upon Notice or Plea of Nonjoinder of Plaintiffs, Proceedings may be amended.

      1. XXXVI.In case such Notice be given, or any Plea in...

    4. Misjoinder of Defendants may be amended before or at Trial.

      1. XXXVII.It shall and may be lawful for the Court or...

    5. Upon Plea in Abatement for Nonjoinder of Defendants, Proceedings may be amended.

      1. XXXVIII.In any Action on Contract where the Nonjoinder of any...

    6. Provision in the Case of subsequent Proceedings against the Persons named in a Plea in Abatement for Nonjoinder of Defendants.

      1. XXXIX.In all Cases after such Plea in Abatement and Amendment,...

    7. Joinder of Claims by Husband and Wife with Claims in right of Husband.

      1. XL.In any Action brought by a Man and his Wife...

  6. Joinder of Causes of Action

    1. Different Causes of Action maybe joined, but separate Trials may be ordered.

      1. XLI.Causes of Action, of whatever kind, provided they be by...

  7. Questions by Consent without pleading

    1. Questions of Fact may, after Writ issued, by Consent and Leave of a Judge, be raised without Pleadings.

      1. XLII.Where the Parties to an Action are agreed as to...

    2. Agreement may be entered into for the Payment of Money and Costs according to the Result of the Issue.

      1. XLIII.The Parties may, if they think fit, enter into an...

    3. Judgment to be entered according to the Agreement, and Execution issued forthwith, unless stayed.

      1. XLIV.Upon the Finding of the Jury in any such Issue,...

    4. Proceedings upon Issue may be recorded.

      1. XLV.The Proceedings upon such Issue may be recorded at the...

    5. Questions of Law may be raised after Writ issued, by Consent, &c., without Pleading.

      1. XLVI.The Parties may, after Writ issued, and before Judgment, by...

    6. Agreement as to Payment of Money and Costs, according to Judgment upon Special Case.

      1. XLVII.The Parties may, if they think fit, enter into an...

    7. Costs to follow the Event, unless otherwise agreed.

      1. XLVIII.In case no Agreement shall be entered into as to...

  8. Pleadings in general

    1. Fictitious and needless Averments not to be made

      1. XLIX.All Statements which need not be proved, such as the...

    2. Judgment upon Demurrer to be given according to the very Right of the Cause.

      1. L.Either Party may object by Demurrer to the Pleading of...

    3. Objections by way of Special Demurrer taken away.

      1. LI.No Pleading shall be deemed insufficient for any Defect which...

    4. Pleadings framed to embarrass may be struck out or amended.

      1. LII.If any Pleading be so framed as to prejudice, embarrass,...

    5. Four Days Notice substituted for Rule to declare, reply, or rejoin.

      1. LIII.Rules to declare, or declare peremptorily, and Rules to reply,...

    6. Pleadings to be dated and entered as of Time of Pleading, unless Order to the contrary.

      1. LIV.Every Declaration and other Pleading shall be entitled of the...

    7. Profert and Oyer abolished.

      1. LV.It shall not be necessary to make Profert of any...

    8. Document may be set forth, and be considered a Part of the Pleading in which it is set forth.

      1. LVI.A Party pleading in answer to any Pleading in which...

    9. Performance of Conditions precedent may be averred generally.

      1. LVII.It shall be lawful for the Plaintiff or Defendant in...

  9. Declaration

    1. Plaintiff to declare within a Year.

      1. LVIII.A Plaintiff shall be deemed out of Court, unless he...

    2. Forms of Commencement, &c. of Declaration.

      1. LIX.Every Declaration shall commence as follows, or to The like...

    3. Declaration for Libel or Slander

      1. LX.In Actions of Libel and Slander the Plaintiff shall of...

  10. Pleadings

    1. Rules to plead and Demand of Plea abolished.

      1. LXII.No Rule to plead or Demand of Plea shall be...

    2. Time for pleading, where Defendant is within Jurisdiction, to be Eight Days.

      1. LXIII.In Cases where the Defendant is within the Jurisdiction, the...

    3. Express Colour abolished.

      1. LXIV.Express Colour shall no longer be necessary in any Plead...

    4. Special Traverses abolished.

      1. LXV.Special Traverses shall not be necessary in any Pleading.

    5. Formal Commencement and Prayer of Judgment unnecessary.

      1. LXVI.In a Plea or subsequent Pleading it shall not be...

    6. Commencement of Plea.

      1. LXVII.No formal Defence shall be required in a Plea, or...

    7. Plea of Matter sub sequent to Action.

      1. LXVIII.Any Defence arising after the Commencement of any Action shall...

    8. Plea Puis darrein Continuance, when and how to be pleaded.

      1. LXIX.In Cases in which a Plea Puis darrein Continuance has...

    9. Payment into Court in certain Actions.

      1. LXX.It shall be lawful for the Defendant in all Actions,...

    10. Payment into Court how pleaded.

      1. LXXI.When Money is paid into Court, such Payment shall be...

    11. No Order to pay Money into Court.

      1. LXXII.No Rule or Judge's Order to pay Money into Court...

    12. Proceeding by Plaintiff after Payment into Court.

      1. LXXIII.The Plaintiff, after the Delivery of a Plea of Payment...

    13. Pleas to Actions partaking both of Breach of Contract and Wrong.

      1. LXXIV.Whereas certain Causes of Action may be considered to partake...

    14. Payment, Set-off, and other Plead ings which can be construed distributively shall be so construed.

      1. LXXV.Pleas of Payment and Set-off, and all other Pleadings capable...

    15. Traverse of the Declaration.

      1. LXXVI.A Defendant may either traverse generally such of the Facts...

    16. Traverse of Plea or subsequent Pleading of Defendant.

      1. LXXVII.A Plaintiff shall be at liberty to traverse the whole...

    17. Traverse of Replication or subsequent Pleading of the Plaintiff.

      1. LXXVIII.A Defendant shall be at liberty in like Manner to...

    18. Joinder of Issue.

      1. LXXIX.Either Party may plead, in answer to the Plea or...

    19. As to Pleading and demurring together.

      1. LXXX.Either Party may, by Leave of the Court or a...

    20. Several Matters may be pleaded at any Stage of the Pleadings.

      1. LXXXI.The Plaintiff in any Action may, by Leave of the...

    21. Judge's Order to plead several Matters sufficient.

      1. LXXXII.No Rule of Court for Leave to plead several Matters...

    22. Objections to Pleadings to be heard on Summons to plead several Matters.

      1. LXXXIII.All Objections to the pleading of several Pleas, Replications, or...

    23. Certain Pleas may be pleaded together without Leave.

      1. LXXXIV.The following Pleas, or any Two or more of them,...

    24. Signature of Counsel.

      1. LXXXV.The Signature of Counsel shall not be required to any...

    25. For pleading several Matters without Leave, Judgment may be signed.

      1. LXXXVI.Except in the Cases herein specifically provided for, if either...

    26. One new Assignment only allowed in respect of the same Cause of Action.

      1. LXXXVII.One new Assignment only shall be pleaded to any Number...

    27. Pleas not to be repeated.

      1. LXXXVIII.No Plea, which has already been pleaded to the Declaration,...

    28. Form of Demurrer and Joinder in Demurrer.

      1. LXXXIX.The Form of a Demurrer, except in the Cases herein...

    29. Time for pleading after Amendment.

      1. XC.Where an Amendment of any Pleading is allowed, no new...

  11. Examples of Pleading

    1. Forms in Schedule may be adopted.

      1. XCI.The Forms contained in the Schedule (B.) to this Act...

  12. Judgment by Default, and ascertaining Amount to be recovered

    1. Rule to compute abolished.

      1. XCII.No Rule to compute shall be necessary or used; but...

    2. Judgment by Default for liquidated Demands final.

      1. XCIII.In Actions where the Plaintiff seeks to recover a Debt...

    3. Inquiry of Damages may be directed to take place before the Master.

      1. XCIV.In Actions in which it shall appear to the Court...

    4. Judgment for Money Demands without Distinction between Debt and Damages.

      1. XCV.In all Actions where the Plaintiff recovers a Sum of...

    5. Saving as to certain Provisions of 8 & 9 W.3 c.11.

      1. XCVI.Nothing in this Act contained shall in any way affect...

  13. Notice of Trial, Inquiry, and Countermand

    1. Time for Notice of Trial and Inquiry.

      1. XCVII.Ten Days Notice of Trial or Inquiry shall be given,...

    2. Notice of Countermand.

      1. XCVIII.A Countermand of Notice of Trial shall be given Four...

    3. Costs of the Day.

      1. XCIX.A Rule for Costs of the Day for not proceeding...

  14. Judgment for not proceeding to Trial

    1. Statute 14 G.2 c.17 as to Judgment in case of Nonsuit repealed.

      1. CI.Where any Issue is or shall be joined in any...

  15. Nisi Prius Record

    1. Nisi Prius Record not to be sealed or passed.

      1. CII.The Record of Nisi Prius shall not be sealed or...

    2. Trials in Counties Palatine.

      1. CIII.Records of the Superior Courts of Common Law shall be...

  16. Jury and Jury Process

    1. Jury Process abolished.

      1. CIV.The several Writs of Venire facias juratores, and Distringas juratores,...

    2. Precept by Judges of Assize to summon Jurors for Civil as well as Criminal Trials.

      1. CV.The Precept issued by the Judges of Assize to the...

    3. A printed Panel to be prepared,and annexed to the Record.

      1. CVI.A printed Panel of the Jurors summoned' shall, Seven Days...

    4. Sheriffs of London and Middlesex to summon Common Jurors, and prepare a Panel, to be annexed to the Record.

      1. CVII.The Sheriffs of London and Middlesex respectively shall, pursuant to...

    5. Special Jurors, not exceeding Forty-eight in Number, to be summoned to try all Special Jury Causes at Assizes.

      1. CVIII.The Precept issued by the Judges of Assize as aforesaid...

    6. Mode of obtaining a Special Jury in Country Causes.

      1. CIX.In any County, except London and Middlesex the Plaintiff in...

    7. Special Juries in London and Middlesex, how struck.

      1. CX.In London and Middlesex Special Jurors shall be nominated and...

    8. Remedy for Delay by Notice of Trial by Special Jury.

      1. CXI.Where the Defendant in any Case, or Plaintiff in Replevin,...

    9. Notice to Sheriff of Trial by Special Jury.

      1. CXII.Where Notice has been given to try by Special Jury,...

    10. If Special Jury not summoned, Cause to be tried by a Common Jury.

      1. CXIII.In all Cases where Notice is not given to the...

    11. View to be by Rule without Writ.

      1. CXIV.A Writ of View shall not be necessary or used,...

    12. Proceedings before Jurors so returned same as before this Act.

      1. CXV.The Jurors contained in such Panels as aforesaid shall be...

    13. Defendant's Right to try, upon Default of the Plaintiff, preserved.

      1. CXVI.Nothing herein contained shall affect the Right of a Defendant...

  17. Admission of Documents

    1. Admission of Documents.

      1. CXVII.Either Party may call on the other Party by Notice...

    2. Proof of Admissions.

      1. CXVIII.An Affidavit of the Attorney in the Cause, or his...

    3. Proof of Notice to produce.

      1. CXIX.An Affidavit of the Attorney in the Cause, or his...

  18. Execution

    1. Execution after Trial.

      1. CXX.A Plaintiff or Defendant, having obtained a Verdict in a...

    2. Ground Writs abolished.

      1. CXXI.It shall not be necessary to issue any Writ directed...

    3. Writs in Counties Palatine to be directed to the Sheriff.

      1. CXXII.All Writs of every Description issuing out of the Superior...

    4. Expenses of Execution.

      1. CXXIII.In every Case of Execution, the Party entitled to Execution...

    5. Writs of Execution to remain in force for One Year and to be renewed if necessary.

      1. CXXIV.A Writ of Execution issued after the Commencement of this...

    6. Production of renewed Writ, Evidence of Renewal.

      1. CXXV.The Production of a Writ of Execution, or of the...

    7. Sheriff or Gaoler may discharge Prisoner by Authority of Attorney in the Cause.

      1. CXXVI.A written Order under the Hand of the Attorney in...

    8. Proceedings for charging in Execution a Person already in Prison of the Court.

      1. CXXVII.It shall not he necessary in any Case to sue...

  19. Proceedings to revive

    1. Execution in Six Years without Revival. CXXV1II. During the Lives of the Parties to a Judgment, or those of them during whose Lives Execution may at present issue within a Year and a Day without a Scire facias, and within Six Years from the Recovery of the Judgment, Execution may issue without a Revival of the Judgment. CXXIX. Judgment t& be revived by Writ or with Leave of Court, or Judge, by Suggestion.

      1. CXXIX.In Cases where it shall become necessary to revive a...

    2. Proceedings upon Application for Suggestion to revive Judgment.

      1. CXXX.Upon such Application, in case it manifestly appears that the...

    3. Writ of Revivor, and Proceedings thereon.

      1. CXXXI.The Writ of Revivor shall be directed to the Party...

    4. Writs of Scire facias in other Cases to be tested, directed, and proceeded upon in like Manner.

      1. CXXXII.A Writ of Revivor to revive a Judgment less than...

  20. Death, Marriage, and Bankruptcy

    1. Action not to abate by Death.

      1. CXXXV.The Death of a Plaintiff or Defendant shall not cause...

    2. Proceedings in case of Death of One or more of several Plaintiffs or Defendants.

      1. CXXXVI.If there be Two or more Plaintiffs or Defendants, and...

    3. Proceeding in case of sole Plaintiff.

      1. CXXXVII.In case of the Death of a sole Plaintiff or...

    4. Proceeding upon Death of sole or sole surviving Defendant.

      1. CXXXIX.The Death of either Party between the Verdict and the...

    5. Proceedings in case of Death after Interlocutory, and before final Judgment.

      1. CXL.If the Plaintiff in any Action happen to die after...

    6. Marriage not to abate Action.

      1. CXLI.The Marriage of a Woman Plaintiff or Defendant shall not...

    7. Bankruptcy and Insolvency of Plaintiff, when not to abate Action.

      1. CXLII.The Bankruptcy or Insolvency of the Plaintiff in any Action,...

  21. Arrest of Judgment and Judgment non obstante veredicto

    1. Upon Motion in arrest of Judgment, pursuant to 1 W.4 c.7, or for Judgment Non obstante veredicto, omitted Facts may by Leave of the Court be suggested.

      1. CXLIII.Upon any Motion made in arrest of Judgment, or to...

    2. Judgment to follow Result of Suggestion.

      1. CXLIV.If the Fact or Facts suggested be admitted, or found...

    3. Costs of abortive Issues.

      1. CXLV.Upon an Arrest of Judgment, or Judgment Non obstante veredicto,...

  22. Error

    1. Error to be brought within Six Years.

      1. CXLVI.No Judgment in any Cause shall be reversed or avoided...

    2. Proviso for Disabilities.

      1. CXLVII.If any Person that is or shall be entitled to...

    3. Writ of Error abolished.

      1. CXLVIII.A Writ of Error shall not be necessary or used...

    4. Error in Law how brought.

      1. CXLIX.Either Party alleging Error in Law may deliver to One...

    5. Error not Supersedeas till Service of the Copy of the Note and Grounds of Error.

      1. CL.Proceedings in Error in Law shall be deemed a Supersedeas...

    6. Bail in Error.

      1. CLI.Upon any Judgment hereafter to be given in any of...

    7. Suggestion instead of Assignment of and Joinder in Error.

      1. CLII.The Assignment of and Joinder in Error in Law shall...

    8. Roll to be made up and Suggestion entered by Plaintiff in Error.

      1. CLIII.The Roll shall be made up, and the Suggestion last...

    9. Error brought by One of several Persons against whom Judgment has been given.

      1. CLIV.In case Error be brought upon a Judgment given against...

    10. Judgment Roll to be brought into Court instead of Transcript.

      1. CLV.Upon such Suggestion of Error alleged and denied being entered,...

    11. Jurisdiction of Courts of Error over the Proceedings.

      1. CLVI.Courts of Error shall have Power to quash the Proceedings...

    12. Court of Error to have like Powers with Court below.

      1. CLVII.Courts of Error shall in all Cases have Power to...

    13. Proceedings in Error in Fact.

      1. CLVIII.Either Party alleging Error in Fact may deliver to One...

    14. Plaintiff may discontinue Proceedings in Error.

      1. CLIX.The Plaintiff in Error, whether in Fact or Law, shall...

    15. Defendant may confess Error, and consent to Reversal of Judgment.

      1. CLX.The Defendant in Error, whether in Fact or Law, shall...

    16. Death of Plaintiff in Error no Abatement.

      1. CLXI.The Death of a Plaintiff in Error after Service of...

    17. Providing for Death of One of several Plaintiffs in Error.

      1. CLXII.In case of the Death of One of several Plaintiffs...

    18. Proceedings upon Death of' sole Plaintiff or of all the Plaintiffs in Error.

      1. CLXIII.In case of the Death of a sole Plaintiff or...

    19. Death of Defendant in Error no Abatement.

      1. CLXIV.The Death of a Defendant in Error shall not cause...

    20. Proceedings upon Death of One of several Defendants in Error.

      1. CLXV.In case of the Death of One of several Defendants...

    21. Proceedings upon Death or sole Defendant or of all the Defendants in Error.

      1. CLXVI.In case of the Death of a sole Defendant or...

    22. Marriage not to abate Proceedings in Error.

      1. CLXVII.The Marriage of a Woman, Plaintiff or Defendant in Error,...

  23. Ejectment

    1. Ejectment to be brought by Writ.

      1. CLXVIII.Instead of the present Proceeding by Ejectment, a Writ shall...

    2. Form and Duration of Writ of Ejectment.

      1. CLXIX.The Writ shall state the Names of all the Persons...

    3. Service of Writ of Ejectment.

      1. CLXX.The Writ shall be served in the same Manner as...

    4. Appearance of Persons named in the Writ.

      1. CLXXI.The Persons named as Defendants in such Writ, or either...

    5. Appearance of Persons not named.

      1. CLXXII.Any other Person not named in such Writ shall, by...

    6. Appearance and Defence by Landlord.

      1. CLXXIII.Any Person appearing to defend as Landlord in respect of...

    7. Notice to defend for Part only.

      1. CLXXIV.Any Person appearing to such Writ shall be at liberty...

    8. Want of Certainty cured by Particulars.

      1. CLXXV.Want of " reasonable Certainty" in the Description of the...

    9. Defence by Persons not in possession.

      1. CLXXVI.The Court or a Judge shall have Power to strike...

    10. Judgment for Default of Appearance or Defence.

      1. CLXXVII.In case no Appearance shall be entered into within the...

    11. Issue how made up.

      1. CLXXVIII.In case an Appearance shall be entered, an Issue may...

    12. Special Case may be stated.

      1. CLXXIX.By Consent of the Parties, and by Leave of a...

    13. Trial of Issue.

      1. CLXXX.The Claimants may, if no Special Case be agreed to,...

    14. Verdict when Title appears to have expired before Trial.

      1. CLXXXI.In case the Title of the Claimant shall appear to...

    15. Trial may ordered to take place in any County.

      1. CLXXXII.The Court or a Judge may, on the Application of...

    16. Nonappearance at Trial.

      1. CLXXXIII.If the Defendant appears, and the Claimant does not appear...

    17. Special Verdict, and Bill of Exceptions.

      1. CLXXXIV.The Jury may find a Special Verdict, or either Party...

    18. Judgment upon Finding for Claimant.

      1. CLXXXV.Upon a Finding for the Claimant, Judgment may be signed,...

    19. Judgment upon Finding for Defendant.

      1. CLXXXVI.Upon a Finding for the Defendants, or any of them,...

    20. Execution for Recovery of Possession and Costs may be joint or separate.

      1. CLXXXVII.Upon any Judgment in Ejectment for Recovery of Possession and...

    21. Defence by joint Tenants, Tenants in Common, or Coparcener.

      1. CLXXXVIII.In case of such an Action being brought by some...

    22. Trial and Judgment in Ejectment against Joint Tenants, Tenants in Common, and Coparceners.

      1. CLXXXIX.Upon the Trial of such Issue as last aforesaid, if...

    23. Action not to abate by Death.

      1. CXC.The Death of a Claimant or Defendant shall not cause...

    24. Proceeding upon Death before Trial where Right survives.

      1. CXCI.In case the Right of the deceased Claimant shall survive...

    25. Proceedings upon Death before Trial, where Right does not survive.

      1. CXCII.In case of the Death before Trial of One of...

    26. Upon Death of One of several Claimants having obtained a Verdict.

      1. CXCIII.In case of a Verdict for Two or more Claimants,...

    27. Proceedings in case of Death of Claimant, where Right does not survive.

      1. CXCIV.In case of the Death of a sole Claimant, or,...

    28. Proceedings upon Death of One of several joint Defendants.

      1. CXCV.In case of the Death, before or after Judgment, of...

    29. Upon Death of ali the Defendants in Ejectment before Trial.

      1. CXCVI.In case of the Death of a sole Defendant, or...

    30. Upon Death of all Defendants in Ejectment after Verdict.

      1. CXCVII.In case of the Death of a sole Defendant or...

    31. Upon Death before Trial of Defendant in Ejectment, who defends separately for Part.

      1. CXCVIII.In case of the Death before Trial of One of...

    32. Upon Death of Defendant defending separately for Property in respect of which others also defend.

      1. CXCIX.In case of the Death before Trial of One of...

    33. Claimant may discontinue by Notice

      1. CC.The Claimant in Ejectment shall be .at liberty at any...

    34. Discontinuance of Action by One of several Claimants.

      1. CCI.In case One of several Claimants shall be desirous to...

    35. Judgment for not proceeding to Trial after Notice.

      1. CCII.If after Appearance entered the Claimant, without going to Trial,...

    36. Defendant may confess the Action.

      1. CCIII.A sole Defendant or all the Defendants in Ejectment shall...

    37. Confession by One of several Defendants defending separately for Part.

      1. CCIV.In case One of several Defendants in Ejectment, who defends...

    38. Confession by One of several Defendants who defend for same Property.

      1. CCV.In case One of several Defendants in Ejectment, who defends...

    39. Formal Entry of Judgment on the Roll unnecessary for Purposes of Execution.

      1. CCVI.It shall not be necessary before issuing Execution upon any...

    40. Effect of Judgment.

      1. CCVII.The Effect of a Judgment in an Action of Ejectment...

    41. Error and Bail in Error in Ejectment.

      1. CCVIII.Error may be brought in like Manner as in other...

    42. Tenants to give Notice of Ejectment to Landlord.

      1. CCIX.Every Tenant to whom any Writ in Ejectment shall be...

    43. Proceedings in Ejectment by Landlord for Nonpayment of Rent.

      1. CCX.In all Cases between Landlord and Tenant, as often as...

    44. Lessee proceeding in Equity not to have Injunction or Relief without Payment of Rent and Costs.

      1. CCXI.In case the said Lessee, his Assignee, or other Person...

    45. Tenant paying all Rent with Costs, Proceedings to cease.

      1. CCXII.If the Tenant or his Assignee do or shall, at...

    46. Ejectment by Landlord against Tenant holding over after Expiration of Term or Determination of Tenancy by Notice to quit.

      1. CCXIII.Where the Term or Interest of any Tenant now or...

    47. On Trial of any Ejectment between Landlord and Tenant, Juries to give Damages for mesne Profits down to the Verdict, or to a Day specified therein.

      1. CCXIV.Wherever it shall appear on the Trial of any Ejectment,...

    48. On Trials after Bail found, Judge shall not stay the Execution except by Consent, or on Tenant's finding Security.

      1. CCXV.In all Cases in which such Security shall have been...

    49. Recognizances to be taken as other Recognizances of Bail; Actions on them limited.

      1. CCXVI.All Recognizances and Securities entered into as last aforesaid may...

    50. Landlord to recover Possession of Lands, &c. after Service of Writ in Ejectment.

      1. CCXVII.In all Actions of Ejectment hereafter to be brought in...

    51. Saving of former Remedies.

      1. CCXVIII.Nothing herein contained shall be construed to prejudice or affect...

    52. In Ejectment by-Mortgagee, the Mortgagor's rendering the Principal, Interest, and Costs in Court shall be deemed a full Satisfaction, and the Court may compel the Mortgagee to re-convey.

      1. CCXIX.Where an Action of Ejectment shall be brought by any...

    53. Not to extend to Cases where-the Right of Redemption is controverted, or the Money due not adjusted.

      1. CCXX.Nothing herein contained shall extend to any Case where the...

    54. Jurisdiction of Courts and Judges.

      1. CCXXI.The several Courts and the Judges thereof respectively shall and...

  24. Amendment

    1. Amendment.

      1. CCXXII.It shall be lawful for the Superior Courts of Common...

  25. Power to Judge to make Rules and frame Writs and Proceedings

    1. General Rules may be made by the Judges.

      1. CCXXIII.It shall be lawful for the Judges of the said...

    2. New Forms of Writs and other Proceedings.

      1. CCXXIV.Such new or altered Writs and Forms of Proceedings may...

    3. Rules may be made by each Court for Government of its Officers.

      1. CCXXV.It shall and may be lawful to and for the...

  26. Effect of Injuction

    1. Injunctions and Orders to stay Proceedings to have a specific Effect.

      1. CCXXVI.In case any Action, Suit, or Proceeding in any Court...

    2. Interpretation of Terms.

      1. CCXXVII.In the Construction of this Act the Word "Court" shall...

    3. Her Majesty may direct all or Part of this Act to extend to any Court of Record.

      1. CCXXVIII.It shall be lawful for Her Majesty from Time to...

    4. Certain of the Provisions of this Act to extend and apply to the Court of Common Pleas at Lancaster and the Court of Pleas at Durham.

      1. CCXXIX.And whereas it is expedient to apply the Provisions of...

    5. Powers given by this Act to the Judges of the Superior Courts at Westminster to make Rules, &c. may be exercised by Judges of the Court of Common Pleas at Lancaster and Court of Pleas at Durham as to those Courts.

      1. CCXXX.All the Powers given by this Act to the Judges...

    6. Judges may make Rules for applying other Provisions of this A ct to Court of Common Pleas at Lancaster and Court of Pleas at Durham.

      1. CCXXXI.It shall and may be lawful to and for the...

    7. Provisions to apply to Masters of Courts at Westminster to apply to Prothonotaries of Court of Common Pleas at Lancaster and Court of Pleas at Durham, and their Deputies, &c.

      1. CCXXXII.Provided always, That all the Provisions of this Act applicable...

    8. As to Proceedings in Error.

      1. CCXXXIII.Provided also, as to Proceedings in Error, that the Court...

    9. Certain Provisions of 4 & 5 W.4 c.62 and 2 & 3 Vict. c.16 repealed.

      1. CCXXXIV.From the Time when this Act shall commence and take...

    10. Short Title of Act.

      1. CCXXXV.In citing this Act in any Instrument, Document, or Proceeding,...

    11. Act not to extend to Ireland or Scotland.

      1. CCXXXVI.Nothing in this Act shall extend to Ireland or Scotland,...

    1. Schedule A

      referred to in the foregoing Act

      1. No. l

        Writ where the Defendant resides within the Jurisdiction

      2. Memorandum to be subscribed on the Writ

        Indorsement to he made on the Writ before Service thereof

      3. Indorsement to be made on the Writ after Service thereof

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

      5. Memorandum to be subscribed on the Writ

        Indorsement to be made on the Writ before the Service thereof

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

      7. Memorandum to be subscribed on the Writ

      8. Special Indorsement

      9. Form of Rule or Summons where a Judgment Creditor applies for Execution against a Judgment Debtor

      10. Form of Writ of Revivor

      11. Form of Writ

      12. Judgment in Ejectment in case of Non-appearance

    2. Schedule B

      FORMS OF PLEADINGS

      1. Statements of Causes of Action On Contracts

      2. For Wrongs independent of Contract

      3. Pleas in Actions on Contracts

      4. Pleas in Actions for Wrongs independent of Contract

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