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Common Law Procedure Act 1852

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This is the original version (as it was originally enacted).

Special Indorsement

[After the Indorsement required by the 8th Section of this Act, this special Indorsement may be inserted.] The following are the Particulars of Plaintiff's Claim

1849.—June 20. Half Year's Rent to this Day of House and Premises in£s.d.
Street, Westminster25100
Sept. 12. Ten Sacks of Flour at 40s.2000
Dec. 1. Money received by Defendant1700
62100
Paid1500
Balance due£47100

Or,

To Butchers Meat supplied between the 1st of January 1849 and the 1st of January 1850£52
Paid£20
Balance£32

[If any Account has been delivered, it may be referred to, with its Date, or the Plaintiff may give such a Description of his Claim as in a Particular of Demand, so as to prevent the Necessity of an Application for further Particulars.] Or,

£50 Principal and Interest due on a Bond dated the Day of ____________ conditioned for the Payment of 1001. Or,

£90 Principal and Interest due on a Covenant contained in a Deed dated the ___________ Day of ___________ to pay 100/. and Interest. Or,

A Penalty of 100/. under the Statute 55 Geo. III. c. 137. Or,

£85 on a Bill of Exchange for 100 dated the 2d February 1849, accepted or drawn, or indorsed by the Defendant. Or,

£50 on a Guarantee dated the 1st of January 1850, whereby the Defendant guaranteed the due Payment by E.F. of Goods supplied or to be supplied to him. [To any of the above may be added, in Cases where Interest is payable,

the Plaintiff also claims Interest on £______________ of theabove Sum from the Date of the Writ until Judgment."]

N. B.—Take notice, That if a Defendant served with this Writ within the Jurisdiction of the Court do not appear according to the Exigency thereof, the Plaintiff will be at liberty to sign final Judgment for any Sum not exceeding the Sum above claimed [with Interest at the Rate specified], and the Sum of £ for Costs, and issue Execution at the Expiration of Eight Days from the last Day for Appearance.. No. 5 In the Queen's Bench :

On the __________ Day of ___________ A.D. 1850. [Day of signing the Judgment.]

England to wit.A.B. in his own Person [or, by his Attorney] sued out a Writ of Summons against CD., indorsed according to the " Common Law Procedure Act, 1852," as follows :

[Here copy Special Indorsement.] And the said CD. has not appeared : Therefore it is considered that the said A.B. recover against the said CD. £ ______________together with £_______________ for Costs of Suit. No. 6 In the Queen's Bench :

The _______________ Day of __________________ in the Year of our Lord 18__.

Yorkshire to wit.Whereas A.B. has sued CD., and _____ affirms, and denies.

[Here state the Question or Questions of Fact to be tried.] And it has been ordered by the Hon. Mr. Justice , according to " The Common Law Procedure Act, 1852," that the said Question shall be tried by a Jury: Therefore let the same be tried accordingly. No. 7

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