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Common Law Procedure Act 1854

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This is the original version (as it was originally enacted).

  1. Introductory Text

  2. I.Judge may, by Consent, try Questions, of Fact.

  3. II.Two Judges may sit at same Time for Trial of Causes pending in the same Court.

  4. III.Power to Court or Judge to direct Arbitration before Trial.

  5. IV.Special Case may be stated, and Question of Fact tried.

  6. V.Arbitrator may state Special Case.

  7. VI.Power to Judge to direct Arbitration at Time of Trial, when Issues of Fact left to his Decision.

  8. VII.Proceedings before and Power of such Arbitrator.

  9. VIII.Power to send back to Arbitrator.

  10. IX.Application to set aside the Award.

  11. X.Enforcing of Awards within Period for setting them aside.

  12. XI.If Action commenced by One Party after all have agreed to Arbitration, Court or Judge may stay Proceedings.

  13. XII.On Failure of Parties or Arbitrators, Judge may appoint single Arbitrator or Umpire.

  14. XIII.When Reference is to Two Arbitrators and One Party fail to appoint, other Party may appoint Arbitrator to act alone.

  15. XIV.Two Arbitrators may appoint Umpire.

  16. XV.Award to be made in Three Months, unless Parties or Court enlarge Time.

  17. XVI.Rule to deliver Possession of Land pursuant to Award to be enforced as a Judgment in Ejectment.

  18. XVII.Agreement or Submission in Writing may be made Rule of Court, unless a contrary Intention appear.

  19. XVIII.Speeches to the Jury.

  20. XIX.Power to adjourn Trial.

  21. XX.Affirmation instead of Oath in certain Cases.

  22. XXI.Persons making a false Affirmation, be subject to the same Punishment as for Perjury.

  23. XXII.How far a Party may accredit his own Witness.

  24. XXIII.Proof of contradictory Statements of adverse Witness.

  25. XXIV.Cross-examination as to previous Statements in Writing.

  26. XXV.Proof of previous Conviction of a Witness may fee given.

  27. XXVI.Attesting Witness need not be called, except in certain Cases.

  28. XXVII.Comparison of disputed Writing.

  29. XXVIII.Provision for stamping Documents at the Trial.

  30. XXIX.Officer of the Court to receive the Duty and Penalty.

  31. XXX.No Document under this Act to require a Stamp.

  32. XXXI.No new Trial for ruling as to Stamp.

  33. XXXII.Error may be brought on a Special Case.

  34. XXXIII.Grounds to be stated in Rule Nisi for New Trial.

  35. XXXIV.If Rule Nisi refused, Party may appeal.

  36. XXXV.Appeal upon Rule discharged or absolute.

  37. XXXVI.Courts of Error to be Courts of Appeal.

  38. XXXVII.Notice of Appeal.

  39. XXXVIII.Bail.

  40. XXXIX.Form of Appeal.

  41. XLI.Rule Nisi granted on Appeal, how disposed of.

  42. XLII.Powers of Court of Appeal as to Costs and otherwise.

  43. XLIII.Error upon Award of Trial de novo.

  44. XLIV.Payment of Costs upon new Trial on Matter of Fact.

  45. XLV.Affidavits on new Matter.

  46. XLVI.Power to Court or Judge to direct oral Examinations of Witnesses.

  47. XLVII.Proceedings before and upon such Examination.

  48. XLVIII.Examination of Person who refuses to make an Affidavit.

  49. XLIX.Proceedings upon Order for Examination.

  50. L.Discovery of Documents.

  51. LI.Power to deliver written Interrogatories to opposite Party.

  52. LII.Affidavits by Party proposing to interrogate, and his Attorney.

  53. LIII.Oral Examination of Parties, when to be allowed.

  54. LIV.Proceedings upon such Rule or Order.

  55. LV.Depositions upon such Examinations to be returned to Master's Office.

  56. LVI.Examiner may make port to the Court.

  57. LVII.Costs of Rule and Examination to be in the Discretion of the Court.

  58. LVIII.Inspection by Jury, of Parties, or Witnesses.

  59. LIX.Rule or Order for summoning Jury.

  60. LX.Examination of Judgment Debtor as to Debts due to him.

  61. LXI.Judge may order an Attachment of Debts.

  62. LXII.Order for Attachment to bind Debts.

  63. LXIII.Proceedings to levy Amount due from Garnishee to Judgment Debtor.

  64. LXIV.Judge may allow Judgment Creditor to sue Garnishee.

  65. LXV.Garnishee discharged.

  66. LXVI.Attachment Book to be kept by the Masters of each Court.

  67. LXVII.Costs of Application.

  68. LXVIII.Action for Mandamus to enforce the Performance of Duties.

  69. LXIX.Declaration in Action for Mandamus.

  70. LXX.Proceedings upon Claim for Mandamus.

  71. LXXI.Judgment and Execution.

  72. LXXII.Form of peremptory Writ.

  73. LXXIII.Effect of Writ of Mandamus, and Proceedings to enforce it.

  74. LXXIV.The Court may order the Act to be done at the Expense of the Defendant.

  75. LXXV.Prerogative Writ of Mandamus preserved.

  76. LXXVI.Proceedings for Prerogative Writ of Mandamus accelerated.

  77. LXXVII.Proceedings on Prerogative Writ of Mandamus.

  78. LXVIII.Specific Delivery of Chattels.

  79. LXXIX.Claim of Writ of Injunction.

  80. LXXX.Form of Writ of Summons and Endorsement thereon.

  81. LXXXI.Form of Proceedings and of Judgment.

  82. LXXXII.Writ of Injunction may be applied for at any Stage of the Cause.

  83. LXXXIII.Equitable Defence may be pleaded.

  84. LXXXIV.Equitable Defence after Judgment.

  85. LXXXV.Equitable Replication.

  86. LXXXVI.Court or Judge may strike out equitable Plea or Replication.

  87. LXXXVII.Actions on lost Instruments.

  88. LXXXVIII.Jurisdiction under Shipowners Act.

  89. LXXXIX.False Evidence.

  90. XC.Execution to fix Bail.

  91. XCI.Scire facias on Judgment of Assets in future

  92. XCII.To compel Continuance or Abandonment of Action in case of Death.

  93. XCIII.Claimant in Second Ejectment for same Premises against same Defendant may be ordered to give Security for Costs.

  94. XCIV.As to Writs of Execution issued before 24th October 1852.

  95. XCV.Courts may appoint Sittings.

  96. XCVI.Amendments.

  97. XCVII.General Rules may be made by the Judges.

  98. XCVIII.New Forms of Writs and other Proceedings.

  99. XCIX.Interpretation of Terms.

  100. C.Provisions relating to Superior Courts to apply to Court of Common Pleas at Lancaster and Court of Pleas at Durham.

  101. CI.Provisions as to Masters of Superior Courts to apply to Prothonotaries of Palatinate Courts.

  102. CII.Court of Queen's Bench to be the Court of Appeal from Palatinate Courts.

  103. CIII.Enactments in ss.19 to 32 to apply to every Civil Court of Judicature in England and Ireland.

  104. CIV.Commencement of Act.

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

  106. CVI.Short Title of Act.

  107. CVII.Act not to extend to Ireland or Scotland.

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