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Common Law Procedure Act 1852

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This is the original version (as it was originally enacted).

Schedule BFORMS OF PLEADINGS

Statements of Causes of Action On Contracts

1. Money payable by the Defendant to the Plaintiff for [these Words Money payable, &c. should precede Money Counts like 1 to 14, but need only be inserted in the first Goods bargained and sold by the Plaintiff to the Defendant. 2. Work done and Materials provided by the Plaintiff for the Defendant at his Request. 3. Money lent by the Plaintiff to the Defendant. 4. Money paid by the Plaintiff for the Defendant at his Request. 5. Money received by the Defendant for the Use of the Plaintiff. 6. Money found to be due from the Defendant to the Plaintiff on Accounts stated between them. 7. A Messuage and Lands sold and conveyed by the Plaintiff to the Defendant. 8. The Goodwill of a Business of the Plaintiff, sold and given up by the Plaintiff to the Defendant. 9. The Defendant's Use, by the Plaintiff's Permission, of Messuages and Lands of the Plaintiff. 10. The Defendant's Use, by the Plaintiff's Permission, of a Fishery of the Plaintiff. 11. Fines payable by the Defendant as Tenant of Customary Tenements of the Manor of to the Plaintiff as Lord of the said Manor, for the Admission of the Defendant into the said Customary Tenements. 12. The Hire of [as the Case may be], by the Plaintiff let to hire to the Defendant. 13. Freight for the Conveyance by the Plaintiff for the Defendant at his Request of Goods in Ships. 14. The Demurrage of a Ship of the Plaintiff kept on Demurrage by the Defendant. 15. That the Defendant on the Day of A.D., by his Promissory Note, now over-due, promised to pay to the Plaintiff £ Two Months after Date, but did not pay the same. 16. That one A., on, &c. [Date], by his Promissory Note, now overdue, promised to pay to the Defendant, or Order, £_______ [Two] Months after Date; and the Defendant indorsed the same to the Plaintiff; and the said Note was duly presented for Payment, and was dishonoured, whereof the Defendant had due Notice, but did not pay the same. 17. That the Plaintiff, on, &c. [Date], by his Bill of Exchange, now over-due, directed to the Defendant, required the Defendant to pay to the Plaintiff £ Two Months after Date ; and the Defendant accepted the said Bill, but did not pay the same. 18. That the Defendant, on, &c. [Date], by his Bill of Exchange, directed to A., required A. to pay to the Plaintiff £ [ Two] Months after Date; and the said Bill was duly presented for Acceptance, and was dishonoured, of which the Defendant had due Notice, but did not pay the same. 19. That the Plaintiff and Defendant agreed to marry one another, and a reasonable Time for such Marriage has elapsed, and the Plaintiff has always been ready and willing to marry the Defendant, yet the Defendant has neglected and refused to marry the Plaintiff,

20. That the Plaintiff and Defendant agreed to marry one another on a Day now elapsed, and the Plaintiff was ready and willing to marry the Defendant on that Day, yet the Defendant neglected and refused to marry the Plaintiff. 21. That the Defendant, by warranting a Horse to be then sound and quiet to ride, sold the said Horse to the Plaintiff, yet the said Horse was not then sound and quiet to ride. 22. That the Plaintiff and the Defendant agreed by Charter-party, that the Plaintiff's Ship called the " Ariel " should with all convenient Speed sail to R., or so near thereto as she could safely get, and that the Defendant should there load her with a full Cargo of Tallow or other lawful Merchandise, which she should carry to H., and there deliver, on Payment of Freight £ per Ton, and that the Defendant should be allowed Ten Days for loading, and Ten for Discharge, and Ten Days for Demurrage, if required, at £ per Day; and that the Plaintiff did all Things necessary on his Part to entitle him to have the agreed Cargo loaded on board the said Ship at R., and that the Time for so doing has elapsed, yet the Defendant made default in loading the agreed Cargo,

23. That the Plaintiff let to the Defendant a House, No. 401, Piccadilly, for Seven Years, to hold from the Day of

A.D. at £ a Year, payable quarterly, of which Rent Quarters are due and unpaid. 24. That the Plaintiff by Deed let to the Defendant a House, No. 401, Piccadilly, to hold for Seven Years from the Day of A.D. , and the Defendant by the said Deed covenanted with the Plaintiff well and substantially to repair the said House during the said Term [according to the Covenant], yet the said House was during the said Term out of good and substantial Repair.

For Wrongs independent of Contract

25. That the Defendant broke and entered certain Land of the Plaintiff, called the Big Field, and depastured the same with Cattle. 26. That the Defendant assaulted and beat the Plaintiff, gave him into Custody to a Policeman, and caused him to be imprisoned in a Police Office. 27. That the Defendant debauched and carnally knew the Plaintiffs Wife. 28. That the Defendant converted to his own Use, or wrongfully deprived the Plaintiff of the Use and Possession of the Plaintiff's Goods; that is to say, Iron, Hops, Household Furniture [or as the Case may be]. 29. That the Defendant detained from the Plaintiff his Title Deeds of Land called Belmont in the County of_________________ ; that is to say, [describe the Deeds]. 30. That the Plaintiff was possessed of a Mill, and by reason thereof was entitled to the Flow of a Stream for working the same, and the Defendant, by cutting the Bank of the said Stream, diverted the Water thereof away from the said Mill. 31. That the Plaintiff was the first and true Inventor of a certain new Manufacture, that is to say, of " certain Improvements in the Manufacture of Sulphuric Acid," and thereupon Her Majesty Queen Victoria, by Letters Patent under the Great Seal of England, granted the Plaintiff the sole Privilege to make, use, exercise, and vend the said Invention within England for the Term of Fourteen Years from the_______________ Day of___________________ A.D,_________ , subject to a Condition that the Plaintiff should within Six Calendar Months next after the Date of the said Letters Patent cause to be enrolled in the High Court of Chancery an Instrument in Writing under his Hand and Seal, particularly describing and ascertaining the Nature of his said Invention, and in what Manner the same was to be and might be performed, and the Plaintiff did within the Time prescribed fulfil the said Condition, and the Defendant during the said Term did infringe the said Patent Right. 32. That the Defendant falsely and maliciously spoke and published of the Plaintiff the Words following; that is to say, " he is a Thief;" [if there be any special Damage, here state it with such reason able Particularity as to give Notice to the Defendant of the peculiar Injury complained of; for instance.] whereby the Plaintiff lost his Situation as Gamekeeper in the Employ of A. 33. That the Defendant falsely and maliciously printed and published of the Plaintiff in a Newspaper called "______________________ " the Words following ; that is to say, " he is a regular Prover under Bankruptcies," the Defendant meaning thereby that the Plaintiff had proved and was in the habit of proving fictitious Debts against the Estates of Bankrupts, with the Knowledge that such Debts were fictitious. Commencement of Plea 34. The Defendant by____________________ his Attorney [or in Person] says [here state the Substance of the Plea]. 35. And for a Second Plea the Defendant says [here state the Second Plea].

Pleas in Actions on Contracts

36. That he never was indebted as alleged. [This Plea is applicable to Declarations like those numbered 1 to 14.] 37. That he did not promise as alleged. [This Plea is applicable to other Declarations on Simple Contracts, not on Bills and Notes, such as those numbered 19 to 22. It would be unobjectionable to use " did not warrant," " did not agree," or any other appropriate Denial.] 38. That the alleged Deed is not his Deed. 39. That the alleged Cause of Action did not accrue within Six Years [state the Period of Limitation applicable to the Case] before this Suit. 40. That before Action he satisfied and discharged the Plaintiff's Claim by Payment. 41. That the Plaintiff at the Commencement of this Suit was, and still is, indebted to the Defendant in an Amount equal to the Plaintiff's Claim, for [here state the Cause of Set-off, as in a Declaration ; see Forms ante], which Amount the Defendant is willing to set off against the Plaintiff's Claim. 42. That after the alleged Claim accrued, and before this Suit, the Plaintiff by Deed released the Defendant therefrom.

Pleas in Actions for Wrongs independent of Contract

43. That he is not guilty. 44. That he did what is complained of by the Plaintiff's Leave. 45. That the Plaintiff first assaulted the Defendant, who thereupon necessarily committed the alleged Assault in his own Defence. 46. That the Defendant, at the Time of the alleged Trespass, was possessed of Land the Occupiers whereof for Twenty Years before this Suit enjoyed as of Right and without Interruption a Way on Foot and with Cattle from a public Highway over the said Land of the Plaintiff to the said Land of the Defendant, and from the said Land of the Defendant over the said Land of the Plaintiff to the said public Highway, at all Times of the Year, for the more convenient Occupation of the said Land of the Defendant, and that the alleged Trespass was a Use by the Defendant of the said Way. 47. That the Defendant, at the Time of the alleged Trespass, was possessed of Land, the Occupiers whereof for Thirty Years before this Suit enjoyed as of Right and without Interruption, Common of Pasture over the said Land of the Plaintiff for all their Cattle, levant and couchant, upon the said Land of the Defendant, at all Times of the Year, as to the said Land of the Defendant appertaining, and that the alleged Trespass was a Use by the Defendant of the said Right of Common. Replications 48. The Plaintiff takes Issue upon the Defendant's 1st, 2d, &c. Pleas. 49. The Plaintiff as to the Second Plea says [here state the Answer to the Plea as in the following Forms],

50. That the alleged Release is not the Plaintiff s Deed. 51. That the alleged Release was procured by the Fraud of the Defendant. 52. That the alleged Set-off did not accrue within Six Years before this Suit,

53. That the Plaintiff was possessed of Land whereon the Defendant was trespassing and doing Damage, whereupon the Plaintiff requested the Defendant to leave the said Land, which the Defendant refused to do; and thereupon the Plaintiff gently laid his Hands on the Defendant in order to remove him, doing no more than was necessary for that Purpose, which is the alleged First Assault by the Plaintiff. 54. That the Occupiers of the said Land did not for Twenty Years before this Suit enjoy as of Right and without Interruption the alleged Way. New Assignment 55. The Plaintiff, as to the and Pleas, says, that he sues not for the Trespasses therein admitted, but for Trespasses committed by the Defendant in Excess of the alleged Rights, and also in other Parts of the said Land and on other Occasions, and for other Purposes than those referred to in the said Pleas. [If the Plaintiff replies and new assigns, the new Assignment may be as follows:] 56. And the Plaintiff, as to the and Pleas, further says, that he sues not only for the Trespasses in those Pleas admitted, but also for, &c. [If the Plaintiff replies and new assigns to some of the Pleas, and new assigns only to the other, the Form may be as follows:] 57. And the Plaintiff, as to the and Pleas, further says, that he sues not for the Trespasses in the Pleas [the Pleas not replied to] admitted, but for the Trespasses in the Pleas [the Pleas replied to] admitted, and also for, &c.

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