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Common Law Procedure Act 1852

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This is the original version (as it was originally enacted).

Schedule Areferred to in the foregoing Act

No. lWrit where the Defendant resides within the Jurisdiction

Victoria, by the Grace of God, &c. To CD. Of _________________ in the County of We command you, That within Eight Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause an Appearance to be entered for you in Our Court of _______________ in an Action at the Suit of A.B.; and take notice, that in default of your so doing the said A.B. may proceed therein to Judgment and Execution. Witness, &c.

Memorandum to be subscribed on the WritIndorsement to he made on the Writ before Service thereof

This Writ was issued by E.F. of _____________ Attorney for the said Plaintiff, or this Writ was issued in Person by A.B., who resides at [mention the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of the Plaintiff's Residence, if any such].

Indorsement to be made on the Writ after Service thereof

This Writ was served by X. Y. on L.M. [the Defendant or One of the Defendants], on Monday the ____________ Day of____________18__. (Signed)____X.Y. No. 2

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

Victoria, by the Grace of God, &c. To CD. of ___________ in the County of________. We command you, That within [here insert a sufficient Number of Days within which the Defendant might appear, with reference to the Distance he may be at from England] Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause an Appearance to be entered for you in Our Court of _______________ in an Action at the Suit of A.B.; and take notice, that in default of your so doing the said A.B. may, by Leave of the Court or a Judge, proceed therein to Judgment and Execution. Witness, &c.

Memorandum to be subscribed on the WritIndorsement to be made on the Writ before the Service thereof

This Writ is for Service out of the Jurisdiction of the Court, and was issued by E.F. of _______________ Attorney for the said Plaintiff, or

this Writ was issued in Person by A.B., who resides at [mention the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of the Plaintiff's Residence, if any such]. The Indorsement required by the 8th Section should be made on this Writ, but should allow the Defendant the Time limited for Appearance to pay the Debt and Costs. No. 3

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

Victoria, by the Grace of God, &c. To CD. ___________ late of ___________ in the County of _______ We command you, That within [here insert a sufficient Number of Days within which the Defendant might appear, with reference to the Distance he may be at from England] Days after Notice of this Writ is served on you, inclusive of the Day of such Service, you do cause an Appearance to be entered for you in Our Court of ________ in an Action at the Suit of A.B.; and take notice, that in default of your so doing the said A.B. may, by Leave of the Court or a Judge, proceed therein to Judgment and Execution. Witness, &c.

Memorandum to be subscribed on the Writ

E.F. of ___________ &c. Attorney for A.B. No. 4

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

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

[Formal Parts as at present.]

CD. show Cause why A.B. [or as the Case may be] should not be at liberty to enter a Suggestion upon the Roll in an Action wherein the said A.B. was Plaintiff and the said CD. was Defendant, and wherein the said A.B. obtained Judgment for £ against the said CD- on the ______________ Day of_______________, that it manifestly appears to the Court that the said A.B. is entitled to have Execution of the said Judgment, and to issue Execution thereupon, and why the said CD. should not pay to the said A.B. the Costs of this Application, to be taxed. [Note,—The above Form may be modified so as to meet the Case of an Application by or against the Representative of a Party to the Judgment.] No. 8 Form of Suggestion that the Judgment Creditor is entitled to Execution against the Judgment Debtor. And now on the _______________ Day of ________________ it is suggested and manifestly appears to the Court, that the said A.B. [or CD., as Executor of the last Will and Testament of the said A.B. deceased, or as the Case may be,] is entitled to have Execution of the Judgment aforesaid against the said E. F. [or against G. H., as Executor of the last Will and Testament of the said E.F., or as the Case may be] : Therefore it is considered by the Court that the said A.B. [or, CD., as such Executor as aforesaid, or as the Case may be,] ought to have Execution of the said Judgment against the said E.F. [or against G.H., as such Executor as aforesaid, or as the Case may be.] No. 9

Form of Writ of Revivor

Victoria, by the Grace of God, &c, to E.F. of ____________ greeting. We command you that, within Eight Days after the Service of this Writ upon you, inclusive of the Day of such Service, you appear in our Court of_______________ to show Cause why A.B. [or CD., as Executor of the last Will and Testament of the said A.B. deceased, or as the Case may be,] should not have Execution against you [if against a Representative, here insert, as Executor of the last Will and Testament of_______________ deceased, or as the Case may be] of a Judgment whereby the said A.B. [or as the Case may be] on the_________________ Day of _____________ in the said Court recovered against you [or as the Case may be] £________________________ ; and take notice, that in default of your so doing the said A.B. [or as the Case may be] may proceed to Execution. Witness, &c. No. 10 In the Queen's Bench :

The_____________ Day of___________ in the Year of our Lord 18 . [The Day of lodging Note of Error."]

A.B. and CD. in Error. The Plaintiff [or Defendant] says that there is Error in Fact in the Record and Proceedings in this Action, in the Particulars specified in the Affidavit hereunto annexed. (Signed) A.B., Plaintiff. [or CD., Defendant.] [or E.F., Attorney for Plaintiff] [or Defendant]. No. 13 Ejectment

Form of Writ

Victoria, &c, to X., Y., Z., and all Persons entitled to defend the Possession of_____________ [describe the Property with reasonable Certainty] in the Parish of______________ in the County of _______ to the Possession whereof A., B., and C, some or One of them, claim to be [or to have been on and since the__________ Day of ______ A.D._____________ ] entitled, and to eject all other Persons therefrom:

These are to will and command you, or such of you as deny the alleged Title, within Sixteen Days after Service hereof, to appear in Our Court of________________ to defend the said Property, or such Part thereof as you may be advised; in default whereof Judgment may be signed, and you turned out of Possession. Witness, &c. No. 14

Judgment in Ejectment in case of Non-appearance

In the Queen's Bench:

The______________ Day of_____________ 18__ . [Date of Writ.]

Lancashire to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court in these Words;

that is to say,

Victoria, by the Grace of God [here copy the Writ]; and no Appearance has been entered or Defence made to the said Writ: Therefore it is considered that the said [here insert the Names of the Persons in whom Title is alleged in the Writ] do recover Possession of the Land in the said Writ mentioned, with the Appurtenances. No. 15 In the Queens Bench :

On the_______________ Day of_______________ A.D. 18__:

Cumberland to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, in these Words :

that is to say,

Victoria, by the Grace of God [here copy the Writ]; and CD. has, on the____________ Day of___________________ appeared by _____________ his Attorney [or in Person] to the said Writ, and has defended for a Part of the Land in the Writ mentioned; that is to say [here state the Part], and no Appearance has been entered or Defence made to the said Writ, except as to the said Part: Therefore it is considered that the said A.B. [the Claimant] do recover Possession of the Land in the said Writ mentioned, except the said Part, with the Appurtenances, and that he have Execution thereof forthwith; and as to the rest, let a Jury come, &c. No. 16 In the Queen's Bench:

On the_______________ Day of______________ A.D. 18__.

Cumberland to witOn the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, in these Words ;

that is to say,

Victoria, by the Grace of God [here copy the Writ]; and CD. has, on the________________ Day of________________ appeared by __________ his Attorney [or in Person], to the said Writ, and defended for the whole of the Land therein mentioned: Therefore let a Jury come, &c. No. 17 Afterwards on the________________ Day of_______________ A.D. before________________ and________________ Justices of our Lady the Queen assigned to take the Assizes in and for the within County, come the Parties within mentioned ; and a Jury of the said County being sworn to try the Matters in question between the said Parties, upon their Oath say, that A.B. [the Claimant] within mentioned, on the________________ Day of__________________ A.D.___________ was. and still is, entitled to the Possession of the Land within mentioned, as in the Writ alleged: Therefore, &c. No. 18. In the Queen's Bench :

On the_____________ Day of___________ 18__ . [Date of Writ]

Lancashire to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, in these Words ;

that is to say,

Victoria, by the Grace of God [here copy the Writ] ; and CD. has, on the_______________ Day of______________ appeared by ___________ his Attorney [or in Person] to the said Writ, and A.B. has discontinued the Action : Therefore it is considered that the said CD. be acquitted, and that he recover against the said A.B. £ for his Cost of Defence. No. 19 In the Queen's Bench: The_____________ Day of______________ 18__:

[Date of Writ]

Lancashire to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, in these Words;

that is to say,

Victoria, by the Grace of God [here copy the Writ] ; and CD. has, on the_____________ Day of________________ appeared by ___________ his Attorney [or in Person] to the said Writ, and A.B. has failed to proceed to Trial, although duly required so to do: Therefore it is considered that the said CD. be acquitted, and that he recover against the said A.B. £_______________________ for his Costs of Defence. No. 20 In the Queen's Bench: The____________ Day of_____________ 18__ . [Date of Writ.]

Lancashire to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, in these Words;

that is to say,

Victoria, by the Grace of God [here copy the Writ] ; and CD. has, on the___________ Day of _______________ appeared by his Attorney [or in Person] to the said Writ, and the said CD. has confessed the said Action [or has confessed the said Action as to Part of the said Land, that is to say, here state the Part] : Therefore it is considered that the said A.B. do recover Possession of the Land in the said Writ mentioned [or of the said Part of the said Land], with the Appurtenances, and £___________________ for Costs. No. 21 In the Queen's Bench:

The_______________ Day of_____________ A.D. 18__ . [Date of Writ.]

Yorkshire to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, with a Notice

thereunder written, the Tenor of which Writ and Notice follows in these Words; that h to say,

[Here copy the Writ and Notice, which latter may be as follows ;] " Take notice, That you will be required, if ordered by the Court " or a Judge, to give Bail by yourself and Two sufficient Sureties, " conditioned to pay the Costs and Damages which shall be recovered " in this Action."] And CD. has appeared by_________________________ his Attorney [or in Person] to the said Writ, and has been ordered to give Bail, pursuant to the Statute, and has failed so to do i Therefore it is considered that the said [here insert Name of Landlord] do recover Possession of the Land in the said Writ mentioned, with the Appurtenances, together with £__________________________ for Costs of Suit.

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