Imágenes de páginas
PDF
EPUB

1853.

PLEADING.

Obstruction of way.

Slander.

Escape.

the plea of not guilty will operate as a denial only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house, and will not operate as a denial of the plaintiff's occupation of the house.

In an action for obstructing a right of way, such plea will operate as a denial of the obstruction only, and not of the plaintiff's right of way.

In an action for slander of the plaintiff in his office, profession, or trade, the plea of not guilty will operate in denial of speaking the words, of speaking them maliciously, and in the defamatory sense imputed, and with reference to the plaintiff's office, profession, or trade, but it will not operate as a denial of the fact of the plaintiff holding the office or being of the profession or trade alleged.

In actions for an escape, it will operate as a denial of the neglect or default of the sheriff or his officers, but not of the debt, judgment, or preliminary proceedings.

In actions against a carrier, the plea of not guilty will operate as a denial of the loss or damage, but not of the receipt of the goods by the defendant as a carrier for hire, or of the purpose for which they were received.

17. All matters in confession and avoidance shall be pleaded specially, as in actions on contract.

18. In actions for trespass to land, the close or place in which &c. must be designated in the declaration by name or abuttals or other description, in failure whereof the plaintiff may be ordered to amend, with costs, or give such particulars as the court or a judge may think reasonable.

19. In actions for trespass to land, the plea of not guilty shall operate as a denial that the defendant committed the trespass alleged in the place mentioned, but not as a denial of the plaintiff's possession, or right of

Against carriers.

Confession and avoidance.

Trespass, – description of land.

Not guilty, in trespass to land.

possession of that place, which, if intended to be denied, 1853. must be traversed specially.

PLEADING. 20. In actions for taking, damaging, or converting Not guilty, in the plaintiff's goods, the plea of not guilty shall operate goods.

trespass to as a denial of the defendant having committed the wrong alleged, by taking, damaging, or converting the goods mentioned, but not of the plaintiff's property therein.

21. In every case in which a defendant shall plead By Statute.” the general issue, intending to give the special matter in evidence, by virtue of an act of parliament, he shall insert in the margin of the plea the words, “ By Statute,” together with the year or years of the reign in which the act or acts of parliament upon which he relies for that purpose were passed, and also the chapter and section of each of such acts, and shall specify whether such acts are public or otherwise, otherwise such plea shall be taken not to have been pleaded by virtue of any act of parliament: and such memorandum shall be inserted in the margin of the issue, and of the nisi prius record. 22. A plea containing a defence arising after the Plea puis dar

rein continu. commencement of the action, may be pleaded together with pleas of defences arising before the commencement of the action : provided that the plaintiff may confess such plea, and thereupon shall be entitled to the costs of the cause up to the time of the pleading of such firstmentioned plea.

23. When a plea is pleaded with an allegation that Confession of. the matter of defence arose after the last pleading, the plaintiff shall be at liberty to confess such plea, and shall be entitled to the costs of the cause up to the time of pleading such plea; provided that this and the preceding rule shall not apply to the case of such plea pleaded by one or more only out of several defendants.

ance,

1853.

PLEADING. Repleader. Costs in error.

Interest.

Amendment.

24. Courts of error may award a repleader, or direct a trial de novo.

25. The costs of proceeding in error shall be taxed and allowed as costs in the cause; and no double costs in error shall be allowed to either party.

26. On error from one of the superior courts, such court shall have power to allow interest for such time as execution has been delayed by the proceedings in error, for the delaying thereof; and the master, on taxing the costs, may compute such interest without any rule of court or order of a judge for that purpose.

27. In no case shall error be brought for any error in a judgment with respect to costs, but the error (if any) in that respect may be amended by the court in which such judgment may have been given, on the application of either party.

28. A person admitted to sue in formâ pauperis shall not in any case be entitled to costs from the opposite party, unless by order of the court or a judge.

29. If a plaintiff in ejectment be nonsuited at the trial, the defendant shall be entitled to judgment for his costs of suit.

30. If the plaintiff in ejectment appear at the trial, and the defendant does not appear, the plaintiff shall be entitled to a verdict without producing any evidence, and shall have judgment for his costs of suit, as in other

[blocks in formation]

cases.

Continuances, &c.

31. No entry or continuances, by way of imparlance, curia advisari vult, vicecomes non misit breve, or otherwise, shall be made upon any record or roll whatever, or in the pleadings.

32. All judgments, whether interlocutory or final, shall be entered of record of the day of the month and year, whether in term or vacation, when signed, and shall not have any relation to any other day: provided that

Entry of judg. ments.

1853.

it shall be competent for the court or a judge to order a judgment to be entered nunc pro tunc.

PLEADING.

CAMPBELL,
John JERVIS,
Fred. POLLOCK,
E. H. ALDERSON,
J. T. COLERIDGE,
W. H. MAULE,

C. CRESSWELL
T. J. PLATT,
Edw. VAUGHAN WILLIAMS,
T. N. TALFOURD,
SAMUEL Martin,
CHARLES CROMPTON.

“The foregoing Rules, Orders, and Regulations were laid before both Houses of Parliament, in pursuance of the act 13 & 14 Vict. c. 16, on the 10th day of February, 1853, and no alteration has been made therein by Parliament.

“Dated this 10th day of May, 1853.

John GEORGE Shaw LEFEVRE,

“Dep. Cler. Parliamentor.”

1853.

Costs.

COSTS.

HILARY TERM, 1853.

DIRECTIONS TO THE MASTERS OF THE SUPERIOR COURTS,

IN LIEU OF THE DIRECTIONS HERETOFORE IN FORCE.

Attendance of masters in vacation.

[ocr errors]

1. BETWEEN the 1st day of September and the 24th day of October in each year, one of the masters of the courts of Queen's Bench, Common Pleas, or Exchequer, shall have authority to tax bills of costs, take references, and perform other necessary and immediate matters arising in or appertaining to any or either of the said courts, at the office of his own court; and, for such purpose, one of the masters shall attend on certain days in each week, as may be found necessary, and of which due notice shall be affixed in the Judges' Chambers and in the respective offices of the masters of each court; and such master shall be considered as the Vacation Master.

2. In order to diminish as much as possible the costs arising from the copying of documents to accompany the briefs of counsel, the masters are to allow only the copying of such documents, or such parts of documents, as they may consider necessary for the instruction of counsel, or for use at the trial.

3. No fee to counsel to be allowed on writs of trial, except on trials before the judge of the Sheriffs' court of London, or of other courts of record where attorneys are not allowed to practise; and then one guinea only.

Copies of documents in briefs.

Counsel's fees in inferior courts.

« AnteriorContinuar »