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Common Law Procedure Act 1852

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This is the original version (as it was originally enacted).

CCXXIXAnd whereas it is expedient to apply the Provisions of this Act, with the requisite Modifications, to the Superior Courts of the Counties Palatine of Lancaster and Durham respectively: All the Enactments and Provisions of this Act with respect to Writs for the Commencement of Personal Actions, except such as relate to the Teste thereof in the Name of a Judge, to concurrent Writs, and to the Service of Writs elsewhere than in the Counties Palatine of Lancaster and Durham respectively, and Proceedings against Parties residing out of the Jurisdiction of the said Courts ; and all the Provisions of this Act with respect to the Appearance of the Defendant and Proceedings of the Plaintiff in default of Appearance; and with respect to the Joinder of Parties to Actions and Joinder of Causes of Action ; and with respect to the Determination of Questions raised by Consent of the Parties without pleading; and with respect to the Language and Form of Pleadings, and Provisions as to Pleadings,Profert, Oyer, setting out of Documents; and with regard to the Time and Manner of declaring; and as to Pleas and subsequent Pleadings, and incident thereto; and Examples and Forms of Pleading and Causes of Action; and with respect to Judgment by Default, and the Mode of ascertaining the Amount to be recovered thereupon and incident thereto; and all the Provisions of this Act with respect to Juries and Jury Process; and with respect to the Admission of Documents ; and with respect to the Expenses of Execution and the remaining in Force and Renewal of Execution, the discharging of Parties from Execution, and charging in Execution Persons in Prison ; and with respect to Proceedings for the Revival of Judgments and other Proceedings by and against Persons not Parties to the Record; and with respect to the Effect of Death, Marriage, and Bankruptcy upon the Proceedings in an Action; and with respect to the Proceedings upon Motions to arrest the Judgment and for Judgment Non obstante veredicto; and with respect to Proceedings in Error subject to the Proviso herein-after contained; and all the Provisions of this Act with respect to the Action of Ejectment, and incident thereto; and with respect to the Power of Amendment by Courts and the Judges thereof, shall extend and apply to the Court of Common Pleas at Lancaster and the Court of Pleas at Durham, and Actions and Proceedings therein respectively.

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