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' ce ; including Costs upon the Prosecution of Fraudulent Bankrupts and on IH from Inferior Courts; together witli a Table of Court Fees, and a Scale of H ually allowed to Solicitors on the Taxation of Costs on the Crown side of the [ See S^f^s^lj^ m^9§aim Volume. ] [Catalogue of New Law Workstpiay be obtained gratis 'upon application to S. d H.] STEVENS AND HAYNES' In royal 12?no, ^jj CONCISE TREATISE 0^ R0PTCY. With an Appendix containing of 1870 and 1871, 1S73, 1878 ; Forms of 1869 and 1878 ; and ISills of Sale Act, 1878 Inner Temple, Barrister-at-Law. Cornell University Library KD 7149.138 A manual of the practice ol the Supreme 1924 021 725 233 In 8po, Fifth Edition, 1880, jn-icc 25s. cloth, SNELL'S PRINCIPLES OF EQUITY. Kfth Edition, to which is added AX EPITOME OF THE EC^UITY PRACTICE, Second Edition. By Archiu.vld Bkown, of tlie Middle Temple, Barrister-at-Law, Author of " A New Law Dictionary," " The Law of Fi.xtures," " Au Analysis of Savigny on Obligations,"&c. 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JOHN j^DERMAUR, SOUCITOE; (CLIFTOBDS INN PRIZEMAN, MIOH. TERM, 1872; AUTHOR OP 'PRINCIPLES OF THE COMMON LAW,' AND OTHER WORKS FOB STUDENTS.) LONDON: STEVENS AND HAYNES, BELL YARD, TEMPLE BAE. 1878. Digitized by Microsoft® LONDON : FEINTED BY WILLIAM CLOWES AND SOSIS, STAMFORD STREET AND CHARING CROSS. Digitized by Microsoft® PEEFACE, In September, 1875, 1 published a guide to the Supreme Court of Judicature Acts, 1873 and 1875, in the shape of Questions and Answers, considering that, at that time, the most useful way of bringing the subject of the new practice before the Student. Over two years having elapsed since the Judicature Acts came into operation, and the practice having become somewhat settled, it may be now advantageously considered as a whole, and not simply with reference to the alterations made by the Acts. My object in writing the present work has been to give to the Student, as shortly and simply as pos- sible, such an elementary view of the proceedings in the Queen's Bench, Common Pleas, Exchequer, and Chancery Divisions of the High Court of Justice as will enable him to satisfactorily pass any reasonable examination on the subject. I have specially aimed at avoiding details which have appeared to me unneces- sary or beyond the scope of the book, and also at putting the subject matter in as short form as is con- Digitized by Microsoft® Vl PREFACE. sistent with a proper explanation. If in any points it should be that I have been too. brief, the references given throughout will furnish the means of acquiring further information or explanation. If my object has been successfully attained, I think I shall have supplied a great want which at the present time exists, especially amongst Students for the Final Examination of the Incorporated Law Society. I have to thank my friend and former pupil Mr. T. Eustace Smith for his assistance in preparing the Index. J.I. 22 Chanceey Lane, W.C. March 1878. Digitized by Microsoft® TABLE OF CONTENTS. PAET I. OP THE COURTS, THE JUDGES AND THE OPFICBES THEREOF; AND OP PARTIES TO ACTIONS AND JOINDER OP CAUSES OP ACTION. CHAP. PAGE I. The fobmbe Cotjbts and the Peaoticb therein . 1 II. The present Coukts ...... 11 III. Parties to Actions and Joinder of Causes op Action ........ 21 PAET II. OP THE PRACTICE AS SPECIALLY OCCURRING IN THE QUEEN'S BENCH, COMMON PLEAS, AND EX- CHEQUER DIVISIONS. I. Proceedings to Appearance ..... 29 II. Judgment in Default of Appearance and Appli- cations UNDER Order xiv. ..... 39 III. Pkocbbdings from Appearance to the Close of the Pleadings ........ 45 IV. Intbblocutort Peoobbdings 57 V. Teial and Peocbedings to Conclusion ... 70 Digitized by Microsoft® Vm CONTENTS. PAET III. OF THE PRACTICE AS SPECIALLY OCCURRING IN THE CHANCERY DIVISION. CHAP. PAGE Intboduotoby . . . . . . .91 I. Peocbbdings to the fibst Heabing and Judgment 92 II. Peocbbdings in Chambbes undbb the Judgment . 99 III. Intbelocutobt Peocbedings ..... 107 IV. Peocbedings to Conclusion ..... 115 V. Cbetain Special Peocbedings .... 121 PART IV. OP APPEAL. I. Appeals to Hee Majesty's Couet of Appeal . 133 II. Appeals to the House of Loeds .... 139 III. Appeals feom Infbbiob Coubts .... 142 APPENDIX. I. Time Table ........ 145 II. Pbbcedbnts ........ 150 Ikdbx 153 Digitized by Microsoft® MANUAL OF THE PEACTICE OP THE SUPREME COURT OF JUDICATURE. PAET I. OP THE COURTS, THE JUDGES AND OFFICEES THEREOF; AND OF PARTIES TO ACTIONS AND JOINDER OF CAUSES OF ACTION. CHAPTEK I. THE FOBMEB COUETS AND THE PKACTICE THEBEIN. The Supreme Court of Judicature Acts of 1873 (a) and 1875 (h), although to a great extent constituting in themselves a new practice, yet require at the outset for their proper understanding some slight explanation of the former Courts, and the practice therein, especially as, where no provision is made on the subject, the jurisdiction of the Courts is to be exercised as nearly as can be in the same manner as formerly (c). All, however, that is sought in the present chapter is to give thfl student some information purely general in its nature. The Courts of Common Law were older in their The Courts of origin than the Court of Chancery, being, indeed, the '^™™™ ^'''• (a) 36 & 37 Vict. c. 66. Ih} 38 & 39 Vict. c. 77. (c) Jud. Act, 1873, ^. 23. Digitized by Microsoft® 2 THE FOEMEK COURTS AND THE PEACTICE THEBEIN. outcome of a yery ancient body called the Aula Regis. They -vrere three in number, viz., the Court of Queen's Bench, the Court of Common Pleas, and the Court of Exchequer. At the time the Judicature Acts came into operation actions were brought in common in any one of these Courts as the litigant chose, but each had also some exclusive jurisdiction; particularly the Court of Queen's Bench had an exclusive juris- diction over inferior jurisdictions, and also a general criminal jurisdiction ; the Court of Common Pleas had an exclusive jurisdiction in actions relating to dower, and by 6 Vict. c. 18, s. 60, in appeals from decisions of revising barristers as to registration of electors; and the Court of Exchequer had an exclusive jurisdiction in revenue matters. Former Judges At the time the Judicature Acts came into opera- at Common ^^^^ ^j^g Courts of Common Law comprised fifteen Judges, viz., the Lord Chief Justice of England, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron of the Exchequer, and twelve puisne Judges, or Judges of less degree. Appeals lay, in the first instance, to a Court known as the Exchequer Chamber, and from thence to the House of Lords. The Court of The Court of Chancery arose from the defects of Chancery. these Courts of Commou Law. For every right there was supposed to exist at Common Law a certain proper form of writ, but for some rights for which clearly relief ought to have been given no form of writ was found, and the practice therefore grew up of ap- plying to the Sovereign in person, asking him as a matter of favour to give the required remedy. The Sovereign generally deputed such applications to his Lord Chancellor, and therefore gradually the practice grew up of applying direct to the Chancellor, who thus in himself originally constituted the Court of Chancery {d). {d) See Haynes' Outlines of Eq. pp. 11-18. Digitized by Microsoft® THE FOEMEK COURTS AND THE PKACTICE THEREIN. 3 At the time of the coming into operation of the Judi- Former Judges cature Acts the Court of Chancery comprised seven '" ^''*''<'®'"y- Judges, viz. the Lord Chancellor and two Lords Justices, constituting — either sitting together or separately — a Court of Appeal, and the Master of the EoUs and three Vice-Chancellors. The Lord Chancellor, as before ex- plained, was the first Judge in Chancery (e) ,• the Master of the EoUs was originally merely a master in Chancery to whom certain matters were referred, and by a gradual development his position assumed that of an independent judge, being finally settled by statute (/) ; the three Vice-Chancellors were ap- pointed respectively in 1811 and 1842, and the Lords Justices in 1851. On account of his more ancient origin the Master of the Eolls ranked next to the Lord Chancellor in order of precedence. The ultimate Court of Appeal was, as at Common Law, the House of Lords. The Courts of Law were governed by strict rules, Dififercnce ia but it was different with the Court of Chancery in its ^'^dllquUy. first origin. There originally justice was measured out according to the conscience of each particular Chan- cellor ; but in course of time this ceased to be the case. Equity was modelled from time to time by various Judges, and legislative "enactments, so that at the time of the Judicature Acts Courts of Equity were as much bound by legislative enactments and precedent decisions as were the Courts of Law. These two different systems of Law and Equity had Inconvenience therefore their origin naturally enough, but however ifstl'nctTys- satisfactory in explanation was their separate existence tems of Law .it could hardly be said to be so in practice, for in some '"' "^"^ ^' cases a litigant ran the risk of applying for relief to the wrong Court, and thus failing, having to bear the (c) Ante, p. 2. (/) See Haynes' Outlines of Eq. pp. 50-54, B 2 Digitized by Microsoft® Former Com- mon Law practice. Writ. 'the fobmee couets and the peacticb theeein. cost of his proceedings and commence over again in the other Court ; in other matters the one Court could give a partial relief, and for complete relief the assistance of the other had also to he obtained, and there was besides a complete difference in the practice. It will now he hest to give shortly an outline of the former practice in the Courts of Common Law and the Court of Chancery respectively, so that the student may be able to compare some points of the old with the new practice given throughout this work, and thus see with greater forcfe the nature and effect of the alterations. The first step in an ordinary Common Law action was a writ of summons, being in its main particulars the same as a writ of summons under the present practice {g). This was served on the defendant, and on his failing to appear thereto within eight days judg- ment was signed, much the same as under the present practice. If he appeared the pleadings then com- menced. Declaration. The first pleading in the action was a declaration, being a written statement of the plaintiff's case, couched in many particulars in technical language, and fre- quently in its technicalities involving considerable re- petition and running on to considerable length. This was delivered to the defendant's solicitor — or attorney, as he was called at law — with a notice indorsed thereon requiring him to plead thereto within eight days. The next step was a plea by the defendant, being a written statement of his case, and, like a declaration, often very lengthy and very technical. Replication. The plaintiff then delivered a replication, which was Plea. (,17) As to which, see post, p. 29. Digitized by Microsoft® THE FORMER COURTS AJSD THE PRACTICE THEREIN. t usually simply a joinder of issue, viz., a direct denial of the points urged by the defendant, and if this were so the pleadings were then ended, for the great object of pleadings was, and indeed still is, to arrive at a direct point in issue between the plaintiff and defendant. Sometimes, however, a direct issue could not be then arrived at, and it became necessary to have subsequent pleadings to attain that object, and these were called the rejoinder, the surrejoinder, the rebutter, the surra- Rejoinder, butter, and if it were necessary to continue the plead- rebutt°Ji°''and ings after this they had no distinctive names. However, surrebutter for them to go as far as this did not often occur ; they usually terminated with the replication. Issue having been joined the next step was notice Notice of of trial by the plaintiff. *""'• The cause then came on to be heard in due course. Verdict, judg- the evidence at the trial being viva voce, and then ™™„t|^"n followed verdict, judgment, and execution. The first step in an ordinary Chancery suit was a Former Chan- bill of complaint, which was a printed (h) document gjjf ^f com-"*' containing a full and detailed statement of the plain- plaint. tiff's case. This having been filed a sealed copy was served on the defendant, and he appeared thereto within eight days. An almost invariable practice was then for the interro- plaintiff to file interrogatories, being practically the s^'^^'^^- bill of complaint put into the form of questions. To these interrogatories the defendant was bound to put in ah answer which practically contained his defence. Answer. If the plaintiff did not deliver interrogatories it was (K) In some few cases where expedition was required a written bill could be filed, but a printed copy had to be filed afterwards within four- teen days. Digitized by Microsoft® Notice of motion for decree. THE FOEMEB COUKTS AND THE PBAOTICB THEBEIN. open to the defendant to put in a voluntary answer, which was practically a voluntary defence. The bill, and answer (if any), or if none, the bill alone thus formed the pleadings in a Chancery suit. The most usual course (i) then to bring the cause to a hearing was for the plaintiff to give to the defendant notice of motion for decree, which was a notice that he intended to apply to the Court to give him the relief he considered himself entitled to. The evidence was not viva voce, as at Common Law, but by affidavits, the plaintiff first filing his affidavits in support, then the de- fendant his in answer thereto, and finally the plaintiff filing any further affidavits in reply on any new points appearing from the defendant's evidence. The cause was then set down and in due course came on to be heard. Difference in the nature of the cases that usually came before Courts of Law and Equity re- spectively. One of the great differences under the old system— and one which will hereafter be touched on under the present practice (j)— was the difference in the kind of case that usually came before the Court of Chancery and the Courts of Law. In a Court of Law the plaintiff almost invariably only sued to recover a sum of money, and on the hearing of the cause the whole matter could be disposed of by the verdict of the jury and the judgment founded thereon. But in Chancery this was usually different. ; there the plaintiff was fre- quently proceeding on matters of intricacy, and in almost all cases in matters which involved more than could be settled in open Court. For instance, in an administration suit, it would have been impossible for the whole matter at once to have been disposed of in open Court. It was necessarily impossible for the Court to then and there find out what the estate (t) It is unnecessary to refer to the other courses. Q) See post, p. 91. Digitized by Microsoft® THE FOKMEE COURTS AND THE PRAOTIOE THEREIN. ' consisted of, what were the debts, who the parties interested, and so on. So again, take a suit for dissolution of a partnership, and for the partnership accounts to be taken, how could the Court dispose of this at once ? It was manifestly impossible. And this was so in the great majority of cases. This should be well noticed by the student, for though dwelt upon here primarily as explaining the former practice, it also explains the present; for there still exists a distinction between the majority of cases coming before the Chancery Division on the one hand, and the Queen's Bench, Common Pleas, and Exchequer Divisions on the other hand, as will be hereafter seen. At the hearing of the cause then, the Court being Decree, unable to dispose of the whole matter at that time, made a decree directing certain accounts and inquiries to be taken and made. Thus in an administration suit, amongst others, an account of the testator's per- sonal estate, an account of his debts, an inquiry as to the persons beneficially interested &c. ; or in a part- nership suit, an account of the partnership assets, of the proportion in which each was entitled &c. The decree was then, after having been drawn up (k), carried into Chambers and worked out before the Judge's Chief chief Clerk's Clerk (I), who finally made his certificate of the result certificate. of the accounts and inquiries referred to him. Then on this certificate the cause came before the Court Order on again on what was called a hearinar on further con- ^?^^^^^. """■ P , . ^ sideration. sideration, when the Court made its final decree, called an order on further consideration. This order usually brought the suit to a conclusion. The following statement, in columns, contrasts at a (A) As to the drawing up, which is the same now, see post 96. (/) See post, p. 96. Digitized by Microsoft® THE FOEMEE COURTS AND THE PEACTICE THEEEIN. glance the most usual points in the Common Law and Chancery procedure respectively : — Common Law. "Writ of summons by plaintiff and service thereof. Appearance by defendant. Declaration by plaintiff. Plea by defendant. Eeplication by plaintiff. (Occasionally subsequent pro- ceedings, bettig rejoinder by defendant, surrejoinder by plaintiff, rebutter by defend- ant, surrebutter by plain- tiff, &c.) Kotice of trial by plaintiff. Entry of cause for trial. Cause heard by judge and jury, verdict, judgment, and execution. Chancery. Bill of complaint by plaintiff and service thereof. Appearance by defendant. Answer by defendant founded on interrogatories adminis- tered by plaintiff. If no interrogatories administered, no answer necessary; but a voluntary answer optional. Notice of motion of decree by plaintiff, followed by affi- davits by plaintiff, then by defendant in answer, and then by plaintiff in reply. Entry of cause for trial. Cause heard by judge, and decree made directing ac- counts and inquiries to be taken and made. Decree carried into Chambers, and summons taken out to proceed thereon. Evidence brought in before Chief Clerk on accounts and inquiries. Chief Clerk's certificate. Cause set down for hearing on further consideration. Hearing on lurther considera- tion, when final decree made disposing of the whole mat- ter. (In many cases, how- ever, the matter could not be finally disposed of even then, e. y., if there were in- fants wards of Court, and then liberty was given to apply to Court at any time, and further consideration reserved.) Digitized by Microsoft® THE FOKMEE COURTS AND THE PKACTIOE THBEEIN. 9 The foregoing is of course but an outline of the most usual former proceedings. The student must not imagine that the various things he reads of in the subsequent pages are necessarily new, as many of them are similar to the old practice. To detail further the former procedure would, in the Author's opinion, tend to lead the student into confusion. The Judicature Acts are not the first steps that have Fusion. been taken for the fusion of the two systems of Law and Ec[uity. From time to time Acts have been passed giving to the Courts of Law certain powers before only exercised by Courts of Equity, and to the Court of Equity powers before only exercised by the Court of Law. The chief of these steps towards fusion may be here shortly noticed : — 1. Common Law Powers given to the Courts of Equity, steps towards fusion pi'ior to By 14: & 15 Vict. c. 83, s. 8, they were enabled to the Judicature obtain the assistance of a Common Law Judge instead ■'^°'^' of sending cases for the opinion of a Common Law Court. By 21 & 22 Vict. c. 27, they might award damages either in addition to or in substitution for injunctions or specific performance. By 25 & 26 Vict. c. 42, they might try questions of fact with or without a jury. 2. Eqwity Powers given to the Courts of Common Law. By the Common Law Procedure Act, 1852 (m), they were enabled to grant relief in actions for non-payment of rent or mortgage mon6y (n). By the Common Law Procedure Act, 1854 (o), they (m) 15 & 16 Vict. c. 76. (n) Sect. 212. (o) 17 & 18 Vict. c. 125. Digitized by Microsoft® 10 THE FOKMEK COURTS AND THE PRACTICE THEREIN. might grant injunctions against the continuance of any injury (p), specific performance in certain limited cases (q), give discovery (r) and allow equitable defences to be set up (s). By the same Act (t) tbey might order the specific delivery up of chattels wrongfully detained instead of giving defendant the option of retaining them on paying their value; and by the Mercantile Law Amendment Act, 185.6 (m), they might do the same in actions for breach of contract to deliver goods. By the Common Law Procedure Act, 1860 (x) they might grant relief against forfeiture of a lease for non- insurance (y). Judicature And uow the final step towards fusion has been Act, 1873. taken by the Judicature Act, 1873, the object of that Act being to do away with separate Courts for different matters, and also the anomaly of the fact of the exist- ence of two distinct tribunals, and to assimilate the whole practice as much as possible. The constitution of the Courts under that and the Judicature Act of 1875 will be found detailed in the next chapter. (p) Sect. 79. (?) Sect 68, and see on construction put on it, Benson v. Paull, 27 L. T. Rep. 78. (/■) Sect. 61. (s) Sect. 83. (0 Sect. 78. (m) 19 & 20 Vict. c. 97, s. 2. (x) 23 & 24 Vict. c. 126. (y) Sect. 2. Digitized by Microsoft® 11 CHAPTEE II. THE PRESENT OOtTKTS. By the Judicature Act, 1873, the former Courts, viz. The Supreme (1) the Court of Chancery, (2)* the Court of Queen's ^""[^'^"^^.^ Bench, (3) the Court of Common Pleas, (4) the Court of Exchequer, (5) the Court of Admiralty, (6) the Court of Probate, and (7) the Divorce Court (z), are united and consolidated into one Court called the " Supreme Court of Judicature," which is divided out into two permanent divisions, viz., "Sex Majesty's High Court of Justice " for original jurisdiction and certain appellate jurisdiction from Inferior Courts, and " Her Majesty's Courts of Appeal " for Appellate jurisdiction (a). The two Judicature Acts came into operation on the 1st of November, 1875 (b). It is necessary that before proceeding to the present actual practice of the Courts, the student should have some idea of their constitution, and also of the Judges or officers who preside in them or assist in carrying out the details of practice. To deal firstly with the High Court of Justice. There Constitution of are five divisions in this Court, corresponding with the 'f justice. ""^^ previous Courts, which, as just stated, are united and consolidated into one, viz., (1) the Chancery Division, («) No reference to the origin of or practice in these three last-mentioned Courts are made in this work, as being beyond it. Nor of course to the Court of Bankruptcy, which it may be noticed is not united in the Supreme Court, the provision to that eSect in the Jud. Act, 1873, being repealed by the Jud. Act, 1875, s. 9. (a) Jud. Act, 1873, ss. 3 and 4 ; Jud. Act, 1875, s. 9. ( 6) Except as to House of Lords, as to which, see post, p. 19. Digitized by Microsoft® 12 THE PRESENT COURTS. (2) the Queen's Bench Division, (3) the Common Pleas Division, (4) the Exchequer Division, and (5) the Prohate, Divorce, and Admiralty Division (e). The previous Judges of the different Courts are Judges of the High Court {d), and generally sit in Divisions synonymous to the previous Courts ; but this does not prevent any Judge from sitting vyhen required in any divisional Court, and any Judge may be transferred from one Division to another by Her Majesty under her royal sign manual (e). The Judge who was chief of any formerly existing Court is now president of the analogous Division, viz., of (1) the Lord Chan- cellor ; (2) the Lord Chief Justice of England ; (3) the Lord Chief Justice of the Court of Common Pleas; (4) the Lord Chief Baron of the Exchequer, and of (5) the originally existing Judge of the Court of Probate was made President, but subject thereto the senior Judge of each division (/). When any vacant judge- ships occur new Judges may be appointed by letters patent {g). The Judges (other than the Lord Chan- cellor) hold their offices for life subject to a power of removal by Her Majesty on an address presented by both Houses of Parliament {h). Jurisdiction As the various formerly existing Courts, except the vested in the Qourt of Bankruptcy, are consolidated into one, it follows that the High Court of Justice should have vested in it all their original jurisdiction, which is, indeed, specially provided ; and it has also vested in it the jurisdiction of the Court of Common Pleas at Lan- caster, the Court of Pleas at Durham, and the Court created by Commissions of Assize, Oyer, and Ter- miner, and of Gaol Delivery, and this is to include the jurisdiction vested in the Judges of the said Courts (c) Jud. Act, 1873, s. 31, see note In Griffith and Loveland's Pr. p. 55. Id) Jud. Act, 1873, ». 5. (c) Jud. Act, 1873, s. 31. (0 Ibid. (<;) Jud. Act, 1873, s. 5. (A) Jud. Act, 1875, =. 5. Digitized by Microsoft® THE PRESENT COURTS. 13 sitting in Court or Chambers, or elsewhere, in pursuance of any statute, law, or custom (i). But it is specially provided that there shall not be transferred to the said Court the jurisdiction of the Court of Appeal in Chan- cery, or of the same Court in Bankruptcy, the jurisdic- tion of the Court of Appeal in Chancery of the county palatine of Lancaster, the lunacy jurisdiction formerly vested in the Lord Chancellor and Lords Justices, the jurisdiction vested in the Lord Chancellor in relation to grants of letters patent, or as visitor of any college, and any jurisdiction of the Master of the Eolls in relation to records Qc). With regard to the distribution of business amongst Distribution the different Divisions of the Court, generally the same "^ i'"s'°'=ss ' o ^ J amongst the matters as would have before been within the exclusive different Di- and peculiar jurisdiction of each different Court (Z), are^"*'""^' now within the exclusive and peculiar jurisdiction of the corresponding Division (m). Primarily the plaintiff is allowed an absolute choice of which Division he will commence his action in, but if he commence it in a Division to which it should not have been assigned, the Court may, on summary application, transfer it to the proper Division, -or retain the same in the Division in which it is commenced ; and an action must not be com- menced in the Probate, Divorce, and Admiralty Divi- sion unless formerly it would have been commenced in one of those Courts (w). To facilitate the prosecution in country districts of District certain proceedings in an action, provision has been ^^^'^ ^'^^' made for the establishment throughout the country of district registries (o), where actions may be commenced (i) Jud. Act, 1873, s. 16, amended by Jud. Act, 1875, s. 9. See Griffith and Loyeland's Pr. p. 13. (k) Jud. Act, 1873, s. 17 ; Griffith and Loveland's Pr. p. 14. (J) See ante, pp. 6, 7. (m) Jud. Act, 1873, s. 34; Griffith and Loreland's Pr. p. 59. (n) Jud. Act, 1875, s. 11. (o) Jud. Act, 1873, s. 60, amended by Jud. Act, 1875, s. 13. Digitized by Microsoft® 11 THE PRESENT COURTS. and continued down to and including final judg- ment (p). Constitution of To deal secondly with Her Majesty's Court of Appeal. Courf of ''^'^ This Court is constituted by five ex, officio Judges, viz., Appeal. the Lord Chancellor, the Lord Chief Justice of Eng- land, the Master of the EoUs, the Lord Chief Justice of the Common Pleas, and the Lord Chief Baron of the Exchequer, and in addition so many ordinary Judges as Her Majesty shall from time to time appoint, such ordinary Judges being styled " Justices of Appeal " (g). The former Lords Justices of Appeal in Chancery were made Judges of this Court, which at the present time, in addition to the ex officio Judges, has six Judges. The Judges of the Court (except the Lord Chancellor) hold their oifices on the same terms as the Judges of the High Court of Justice (r). In addition to the Judges mentioned, the Lord Chancellor has power to request the attendance of any Judge of any Division of the High Court, except during the time of the spring or summer circuits, ~as an additional Judge (s). Jurisdiction -A-H the jurisdiction and powers formerly vested in any vested in the ^f \^q following Courts or persous are now vested in Appeal. this Court of Appeal, viz. : (1.) In the Lord Chancellor and Court of Appeal in Chancery in the exercise of his and its appellate jurisdiction, and also as a Court of Bankruptcy Appeal. (2.) In the Court of Appeal in Chancery of the County Palatine of Lancaster, or of the Chancellor of the duchy and said county palatine. (3.) In the Lord Warden of the Stannaries, or in the Lord Warden sitting in his capacity of judge. (4.) In the Court of Exchequer Chamber; and (5) in Her {•p) hs to the practice in district registries, see Jud. Act, 1875, Order XXXV. When an action may be removed from district registries, see post, pp. 65, 66. ( 1855. Act, when a bill of exchange or promissory note (which words include cheques) is not more than six months overdue, a writ may be issued, the time to appear to which is twelve days, and which writ must be personally served on the defendant, who cannot appear thereto as a matter of right, but only by obtaining leave from a Judge within the twelve days to do so, which leave will be granted on his paying into Court the sum indorsed upon the writ, or satisfying the Judge by affidavit that he has some good defence. This leave may be granted on such terms as to security or otherwise as to the Judge may seem fit (y). If the defendant does obtain leave and duly appears, the pro- ceedings go on as in other actions (z). In considering proceedings under the Bills of Ex- New practice change Act, the student should remember that it is P^"™^™^ t'^„° provided now (a) simply that the procedure under writs under such Act "shall continue* to be used," and it has ^^^^^y/^^^; therefore been held that where procedure has been commenced under that Act, the old practice under it must be strictly followed, so that the plaintiff cannot sign judgment in default of appearance without filing an affidavit of personal service, nor take advantage of the new provisions as to the suing of partners (b). It has, however, been held that a writ under this Act may be issued out of a district registry (e). (0 Order vii. r. 1. («) 18 & 19 Vict. c. 67. Ix) Order II. r. 6. (j/) 18 & 19 Vict. c. 67, a. 2. (z) See hereon also post, pp. 45-90.. (a) Order ii. r. 6. (6) See ante, p. 32. (c) Griffith and Lovelaud's Pr. p. 163. Digitized by Microsoft® 38 PROCEEDINGS TO APPEARANCE. The defendant having appeared, the pleadings now commence, but prior to considering them the subject of judgment by defaiilt of appearance, and applications under Order xiv., must be considered, which is done in the next chapter (d). (d) At the commencement of this chapter it was stated that proceed- ings are commenced by an action, which is strictly correct ; but'it is advisable here to notice the process of replevin, in which certain steps are taken prior to the action — the subject not being of sufficient importance to justify separate notice in a work like the present. Replevin is the re- delivery of goods wrongfully taken from a person, occurring usually in cases of wrongful distress. The modus operandi is for the person whose goods are wrongfully taken to apply in the first instance to the Registrar of the District County Court, and before him enter in a bond with sureties, which is called the replevin bond. If the person desires to commence his action in the High Court, the conditions of the bond are to commence the action within one week, and to prosecute the same with due effect, to prove before the Court that he had good ground for believing either that some question of title was involved, or that the rent or damage exceeded £20, and to return the goods if their return is ordered. If, however, the action is to be commenced in the County Court, the conditions of the bond are only to commence the action within one month, and to prosecute the same with due effect, and to return the goods if their return is Ordered. On thie bond being given the goods are returned to the person giving it (called the replevisor), and he commences the action, so that the defend- ant in the action is to a certain extent in the position of a plaintiff in an ordinary action (17 & 18 Vict. c. 125, ss. 22-24 ; 19 & 20 Vict. u. 108). Digitized by Microsoft® 39 CHAPTEE II. JUBGMEKT IN DEFAULT OF APPEAKANOE, AND APPLICATIONS UNDER OEDER XIV. The writ of summons, as has been stated in the last chapter, requires the defendant to enter an appearance within eight days from service. If the defendant does not obey this by appearing, the plaintiff's next step is to proceed on his default, but the course he can take differs according to the nature of the writ issued, and therefore each must be considered separately. Firstly, the writ may have been specially in- Non-appear- dorsed(e). In this case, if the defendant does not *''™.*,^ . . . . . specially appear within the eight days, the plaintiff may file indorsed writ. an affidavit of service, and of the indorsement of the fact of the service on the writ within three days after- wards, and of the non-appearance of the defendant, and on this he may at once sign final judgment and issue execution ; if there are several defendants, and some one or more only do not appear, he may sign final judgment and issue execution against the defendant or defendants not appearing, and proceed with his action against the other or others appearing. This judgment may be for any sum not exceeding the sum indorsed on the writ, with interest at the rate specified (if any) to the date of the judgment, and an amount for costs (/). The proper amount for costs, if the case is Costs. a town one, is £3. 14s. ; and if a country or agency case, £4. 6s. (e) See ante, p. 30. (/) Order XIII. rr. 3, 4. Digitized by Microsoft® 40 JUDGMENT m DEFAULT OP APPEAKANOE, Under the Bills Under the Bills of Exchange Act the rule is the rf Exchange ^^^^ . -^ ^-^^ defendant does not get the necessary leaye to appear (g) within the twelve days, the plaintiff may, on a like affidavit, sign final judgment and issue execu- tion. Final and in- terlocutory judgment. By a final judgment is meant one which is complete, and requiring no further act to be done to perfect it ; an interlocutory judgment is one requiring something further. Judgment by- default in district registry. When a defendant fails to appear to a writ issued out of a district registry, and he had the option of appearing there or in London (h), judgment hy default of appearance cannot be entered until after such time as a letter posted in London on the previous evening, due time for delivery to him on the following m Non-appear- ance when writ for a fixed sum, but not spe- cially indorsed. morning, ought in due course of post to have reached him («). Sarondly. — The writ may have been for a debt or liquidated demand but yet not indorsed with the particulars that constitute a special indorsement. In this case, on non-appearance within the eight days, the plaintiff must file the like affidavit of service, and in addition a statement of the particulars of his claim, so as thereby to supply the information that might have been given by a special indorsement, and then after waiting eight further days he may sign final judgment and issue execution (k). Non-appear- Thirdly. — The writ may be not for a debt or liqui- fbr unHqui-™^ dated demand but for a detention of goods and pe- dated damages, cuniary damages or either of them. Here, on non- appearance within the eight days, the plaintiff may, on (3) See ante, p. 37. (A) See ante, p. 35. (t) Order xiii. r. 5a. (*) Ibid. 13, r. 5. Digitized by Microsoft® AND APPLICATIONS UNDEK ORDER XIV. 41 affidavit of service and non-appearance, at once sign interlocutory judgment and then issue a writ of inquiry with a view to final judgment ; or the Court or a Judge may order that instead of a writ of inquiry the damages shall be ascertained in any way in which any question arising in an action may be tried (Z), e.g., by referring the matter to one of the Masters. A writ of inquiry is a writ issued to a sheriff com- Wiit of manding him to summon a jury and assess the amount ^^v^^n- of the damages. The under-sheriff usually presides at the assessment, and after the verdict is given the sheriff's return to the writ is made, and after four days final judgment may be signed, unless the officer who presided certify that in his opinion judgment ought not to be entered until the defendant has had an opportunity to apply to the Court to set the finding aside and grant a new writ of inquiry (m). An instance of a case for a writ of inquiry would be if a defendant in a breach of promise case or in any action of tort could not deny the promise or the doing of the tort, but yet wished to be heard on the question of the amount of damages to be awarded. His best course would be not to appear to the writ in the first instance, but let the plaintiff sign in- terlocutory judgment in default of appearance, and then appear and be represented on the assessment of damages. Fourthly. — The writ may be for the recovery of land. Non-appear- Here if the defendant does not appear within the eight ?„ recovef °° days, or appearing limits his defence to part only of land, the land (w), the plaintiff on affidavit, as in the other cases, may sign judgment for the land or the part thereof to which the defence does not apply (o) ; and where the plaintiff has in addition indorsed a claim for (I) Order xili. r. 6. For different ways in which an action can be tried, see post, p. 70. (m) 1 Wm. 4, c. 7, s. 1. (n) See ante, p. 36. (o) Order XIII. r. 7. Digitized by Microsoft® mind. 42 • JUDGMENT IN DEFAULT OF APPEAEANCE, mesne profits (p), arrears of rent, or damages for breach of contract, the plaintiff may as to them proceed as already pointed out in respect of money claims indorsed (q). Letting a de- In some cascs a defendant may, by oversight or from IppMr*not-'° some other reason, have omitted to appear to a writ witiistanding -within the prober time, and the plaintiff may have judgment. accordingly signed judgment. Notwithstanding this, if he can shew a good defence on the merits he may, on applying to the Court or a Judge, be let in to defend, but it will usually be on the terms of his paying the costs of the judgment obtained against him by his default, and other terms may be imposed upon him, as he is only let in to defend by the leniency of the Court (r). Non-appear- When a defendant who has not appeared is an infant fant or ^eison °^ porsou of unsound mind not so found by inquisition, of unsound the plaintiff cannot sign judgment as in ordinary cases, but he may apply to the Court or a Judge that some proper person may be assigned guardian by whom such person may defend the action. In support of such an application he must shew that the writ was duly served, and that after the time for appearance, and at least six days before the hearing, notice of such application was served upon or left at the dwelling-house of the person with whom or under whose care such defendant was at the time the writ was served ; and also, if an infant, served upon or left at the dwelling-house of the father or guardian of such infant, unless at the hearing of the application this latter point is dispensed with (s). Date of judg- A judgment by default is dated as of the day on ment by defeult. — (p) Mesne profits are intermediate profits ; tliat is, profits which have been accruing between two given periods, Brown's Law Dictionary, p. 236, tit. ' Mesne.' (3) Order Xlil. r. 8. (r) Order xxix. r. 14 ; and see GriiEth and Loveland's Pr. p. 209. (s) Order xni. r. 1. Digitized by Microsoft® AND APPLICATIONS UNDER OEDER XIV. 43 which the requisite documents are left with the proper officer for the purpose of the entry of the judgment, and the judgment takes effect as from that date (t). Defendants often appear to actions notwithstanding Appearance that they may not have any real defence, for the purpose ^gfen^J"* of gaining time or for other reasons. Under the old practice this frequently worked great injustice to plaintiffs, for it was necessary to go on through all the pleadings and ultimately have the action tried before judgment could be obtained. This is so, and necessarily so, still in actions for unliquidated demands, for there at any rate the question of amount may be always in dispute ; but a very important new practice in cases of liquidated demands is now allowed. This is by proceeding under Order xiv., by which it is pro- Order xiv. vided that when a defendant appears on a writ of summons specially indorsed the plaintiff may on affidavit verifying the cause of action, made either by himself or any other person who can swear positively thereto, call on the defendant to shew cause why the plaintiff should not be at liberty to sign final judgment for the amount indorsed on the writ with interest (if any) and costs. This application is made by summons returnable not less than two clear days after service, and a copy of the affidavit on which it issues must be served with it. On the return of the summons the Court or a Judge may, unless satisfied that the defen- dant has a good defence to the action on the merits, or that under the circumstances the defendant ought to be allowed to defend, make an order empowering the plaintiff to sign judgment accordingly notwithstanding the defendant's appearance. If it appears that although there is a defence to part of the plaintiff's claim, to another part there is not, judgment may be forthwith given for the part to which there is no defence, and one (t) Order XLi. i. 3. Digitized by Microsoft® 44 JUDGMENT IN DEFAULT OF APPEARANCE, ETC. defendant may be allowed to defend, while judgment may be given against another (m). This new practice is, as would be expected, very much used, and in theory it is excellent, and in some cases excellent also in practice. But unfortunately experience has shewn in many cases that it worts inconvenience and increases costs. For instance, a summons may be taken out under this order, heard before a Master, then appealed to a Judge, and then to Divisional Court ; perhaps then the defendant is allowed to defend, and then all this expense has been wasted. However, in many cases undoubtedly the practice works well, and the good of it perhaps outweighs the evil. (u) For observations and cases under Order xiv., see Griffith and LoTeland's Pr. pp. 217-219. Digitized by Microsoft® 45 CHAPTEE III. PEOOEEDINGS FKOM APPEAEANOE TO THE CLOSE OF THE PLEADINGS. The pleadings in an action consist of the statements The object of of the plaintiff and defendant respectiTely, and have pi«*'i'''gs. for their object the shewing the Court and jury the questions in issue between the parties and the facts on which they respectively rely. Before proceeding to consider these pleadings in General points detail it will be well to notice some points affecting *' '" pi'=ad'''g=- them all generally. It has been before noticed (x) that under the practice prior to the Judicature Acts the pleadings were couched in technical language in- volving considerable repetition, and often from this running to considerable length, and these were points that could well be amended. Pleadings are now to be as brief as the nature of the case will admit of, and to state as concisely as may be the material facts on which the party pleading relies, but not the evidence by which they are to be proved ; such statement being divided into paragraphs numbered consecutively, and each paragraph containing as nearly as may be a sepa- rate allegation, and dates, sums, and numbers, are to be expressed in figures and not in words (y). They are to be printed unless containing less than ten folios (z), when they may be either written or printed, or partly (x) Ante, p. 4. (y) Order xix. r. 4. («) A folio consists of seventy-two wordi, every figure being counted as a word (Order xix. r. 5). Digitized by Microsoft® 46 PEOCEBDINGS FKOM APPEAKANCE TO one and partly the other (a) ; and are served by being delivered at the address for service, or if no appearance has been entered they are delivered by being filed vrith the proper officer (b). In the Divisions the special practice of which is now being considered, the only case in which it would appear to be necessary to file a pleading would be where the writ is issued for a fixed sum, and the writ is not specially indorsed, and the defendant does not appear (e). Pleadings must be marked on the face with the date when delivered, and the reference to the action (d), the Division to which, and the Judge (if any) (e) to whom assigned, the title of the action (/), the description of the pleading, and the name and place of business of the solicitor and agent (if any), or the name and address of the person delivering the same if. acting in person (g); and in a pleading denying any allegation in a previous pleading it must not do so evasively, but must answer the point in substance, and generally a fair and substantial answer must be given Qi). Every party in his pleading must specifically deny any allegation of fact appearing in his opponent's pleadings, or it is taken as admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition ; and each party must allege all such facts not appearing in the previous pleading as he means to rely on, or which if not raised on the pleadings would be likely to take the opposite party by surprise, or would raise new issues of fact not arising out of the pleadings, e.g., fraud, or the Statute of Limitations. When a contract is alleged in any (a) Order XII. r. 5a. (6) Ibid. r. 6. (c) See aate, p. 40. (d) That is, the year when issued, the first letter of the plaintiff's name, and the number of the writ in the particular Division, thus — 1878. H. No. 150. («) This would only be in the Chancery Division, In the Divisions the practice of which is now being considered the Judge is never named. (/) That is, the names of the plaintiff and defendant, thus : Between A.B. plaintiff and CD. defendant. (g) Order xix. i. 7. (A) Ibid. 1. 22. Digitized by Microsoft® THE CLOSE OF THE PLEADINQS. 47 pleading a bare denial of the contract by the opposite party is construed only as a denial of the making of the contract in fact, and not of its legality or its sufficiency in law, whether with reference to the Statute of Frauds or otherwise (i). On the point that pleadings are to be stated as con- Instances of cisely as can be the following instances may be noticed, of pf^adings"^ Where in any pleading it is necessary to allege malice, fraudulent intention, or other condition of the mind of any person, it is sufficient to simply allege the same as a fact without setting out the circumstances from which the same is to be inferred (h). When it is material to allege notice it is sufficient to simply allege it as a fact unless the form or precise terms of such notice are material (T). When any contract is to be implied from a series of letters or conversations it is enough to allege such contract as a fact, and refer to such contracts or letters without setting them out in detail (m). No person need state in his pleading a fact presumed by the law in his favour, or as to which the burden of proof lies on the other side, unless the same has first been specifically denied ; e.g. consideration for a bill of exchange where the plaintiff sues only on the bill, and not for the consideration as a substantive ground of claim (n). The first pleading in an action is the statement of Statement of claim by the plaintiff. Unless the defendant at the " *™" time of appearance states that he does not require a statement of claim — as he may do — the plaintiff must deliver one within six weeks from the time of the defendant entering his appearance. Even although the defendant has stated that he does not require a statement of claim the plaintiff may deliver one if he (t) Order xix. rr. 17-20, 22, 23. (A) Ibid. c. 25. (0 Ibid. r. 26. (m) Ibid. r. 27. (n) Ibid. r. 28. Digitized by Microsoft® 48 PROCEEDINGS FROM APPEARANCE TO Notice in lieu of statement of claim. like within the six weeks, but he is liable to have to pay the costs of it, even although he succeed in the action, if its delivery seems to have been unnecessary. After the six weeks no statement of claim can be de- livered unless ordered by the Court or a Judge (o). In the case of a specially indorsed writ the plaintiff may if he think fit deliver as his statement of claim a notice to the effect that his claim is what appears in the indorsement of the writ, unless he is ordered to deliver a further statement (p). The plaintiff in his statement of claim may specify where the action is to be tried, and if he does not state any place the trial is to be in Middlesex (q). Consequence of The conscquence of the statement of claim not being ciainTnot " delivered within the proper time is that it is open to being delivered the defendant to apply to dismiss the action for want within proper n j. • / \ time. 01 prosecution (r). statement of defence. The next pleading is the statement of defence by the defendant, which must be delivered within eight days from the delivery of the statement of claim, or from the ' time limited for appearance, whichever shall be last (s). Where in consequence of the defendant stating that he does not require any statement of claim none is de- livered, the defendant may nevertheless deliver a state- ment of defence within eight days after appearance {t), and where leave has been given to a defendant to de- fend under Order xiv. (u), notwithstanding there has not been any statement of claim delivered, he must deliver his statement of defence within eight days from the order giving him leave to defend, or within such other time as may be limited by the order (x). (o) Order xxi. i: 1. (p) Ibid. r. 4. (g) Order xxxvi. e. 1. As to changing the place of trial, see post, p. 63. (r) Order xxix. r. 1. (s) Order xxii. r. 1. (<) Ibid; ,. 2. («) Ante, p. 43. (x) Order xxii. i. 3. Digitized by Microsoft® THE CLOSE OF THE PLEADINGS. 49 Notwithstanding a defendant may siicceed in an Costs may be action, and thus get the general costs of it, if by his ^"''"' defence he has put the plaintiff to proof of facts which in the opinion of the Court or a Judge ought to have been admitted, the Court may make such order as to the extra costs occasioned thereby as shall be just (y). If a person who is sued has himself some claim Set-off and against the party suing him he may set this off by way ':<">'>t'"--ciaiin. of counter-claim, even although sounding in damages; and such set-off or counter-claim has the same effect as a statement of claim in a cross-action, so as to enable the Court to pronounce a final judgment in the same action both on the original and on the cross-clainj, but the Court, or a Judge, if of opinion that such counter- claim cannot be conveniently disposed of in the pend- ing action, or ought not to be allowed, may refuse to allow the defendant to avail himself thereof (z). The alteration in the former practice made by this Alteration in rule is very great. Formerly a set-off could only be P»'«v'»"s rule allowed if liquidated, or of such a nature as might be rendered liquidated without a verdict for the pur- pose ; now a claim merely resting in damages may be allowed. Formerly also a set-off could only be allowed to the extent of the plaintiff's claim : now it may go beyond that, and the result of the action be a verdict for a balance for the defendant against the plaintiff. It has been held that in an action by joint plaintiffs a separate counter-claim against one may be set up (a). No defence is now allowed to be pleaded in abatie- No pleas in ment (fc), nor is any new assignment allowed (c). new^rign'-"' ments. {y) Order XXII. i . 4. (i) Order xix. r. 3. (a) Griffith and Loveland's Pr. p. 2S (6) Order xix. i. 13. (c) Ibid. r. 14-. Digitized by Microsoft® 50 PEOOEEDINGS FBOM APPBABANCE TO Everything that would formerly have been alleged by way of new assignment may now be introduced by amendment of the statement of claim (d). A plea in abatement, or dilatory plea, was one of some matter not material to the merits of the proceeding, but technically necessary or proper, e.g. to the jurisdiction, or on account of the death of one of the parties, marriage of a female party, &c. (e), A new assign- ment was where from the very general terms of the declaration the defendant was led to apply his plea to a different matter from that which the plaintiff had in view (/). Consequences If the defendant does not within the proper time of defendant ^^^ j^ j^jg statement of defence, the next step by the defence' within plaintiff is to proceed on his default, and in the same eight days. ^^^y ^^ ^g jjg^^g gggjj that the plaintiff's course when the defendant does not appear to the writ differs according to the nature of the writ (^), so also here the course differs according to what the plaintiff is suing for. Where action Firstly. If the plaintiff's claim is only for a debt or for a liquidated jiq^iidated demand, and the defence is not delivered within the eight days, the plaintiff may at once sign final judgment and issue execution against him, or if there are several defendants against any one of them making default {h). Where action Secondly. If the action is for damages or detention ]"" "-d Ti °^ goods, interlocutory judgment may be signed and a demand. writ of inquiry issued, and if there are several defen- dants, and only one makes default, interlocutory judg- ment may be signed as to that one, and the action ((Q Order XIX. r. 14. (e) Brown's Law Diet. p. 2, tit. ' Abatement, Pleas in.' (/) Ibid. p. 249, tit. ' New Assignment.' (3) Ante, p. 39. (A) Order xxix. i. 2. Digitized by Microsoft® THE CLOSE OF THE PLEADINGS. 51 proceeded with against the others; no separate writ of inquiry being issued, but the damages as to all being assessed at the trial (i). Thirdly. If the action is partly for a debt or liqui- where action dated demand, and partly for damages or detention of fjqu'Jfa/"^ " goods, then as to each part the plaintiff may proceed amount and as above stated (Jc). p^''*'^ °'"- Fourthly. If the action is for recovery of land the When action plaintiff may sign judgment to recover possession (l). [and^''°^^^^ " When the plaintiff signs final judgment in any of the above cases, it is signed first with the costs in blank ; they are then taxed and filled in the judgment by a Master. The next pleading is the reply by the plaintiff. Reply, which must be delivered within ihree weeks after the statement of defence, or if several defendants the last of the statements of defence, shall have been delivered (m). This is most usually merely a joinder of issue, that Joinder of is, a traverse or denial and putting in issue of the facts '^^"*' alleged by the defendant in his defence, and if this is so here the pleadings terminate. No pleading subse- quent to the reply is allowed, except a joinder of issue, without leave of the Court or a Judge, and then upon such terms as the Court or a Judge shall think fit (ra), A case in which joinder of issue is usually necessary after reply is where the defendant's statement of de- fence contains also a counter-claim, for this being in effect equivalent to a statement of claim in a cross action, the plaintiff's reply is equivalent to his state- (i) Order xxix. rr. 4, 5. (k) Order six. r. 6. (I) Order xxix. r. 7. (m) Order xxiv. r. 1. (n) Ibid. r. 2. E 2 Digitized by Microsoft® 52 PEOOBEDINGS FROM APPEARANCE TO ment of defence therein, and the subsequent joinder of issue by the defendant to his reply. It is not often that any pleading beyond this can be required. Any pleading subsequent to reply must be delivered within four days after the delivery of the previous pleading unless otherwise ordered (o). When the As soon as either party has joined issue upon any ciosed"^^ ^^^ pleading of the opposite party simply without adding any further or other pleading thereto, the pleadings as between such parties are deemed to be closed (p), and the object of the pleadings being at an end the cause is ready to go to trial ; but if it is made to appear to a Judge that the pleadings do not sufficiently define the issues of fact in dispute between the parties he may direct them to prepare issues to be tried, to be settled by a Judge if they differ on them (q). Demurrer. A demurrer is often had recourse to during the plead- ings. It is the formal mode of disputing the sufficiency in law of the pleading of the other side (r), occurring when the plaintiff or defendant, as the case may be, admits, for the sake of argument, that what is stated in his opponent's pleading is true, but denies that it gives him any good ground of action or defence. Any party may demur (s), and the demurrer must state specifically whether it is to the whole or a part, and if so, to what part of the pleading of the opposite party, and must state some ground in law for the demurrer, although on argument the party may go beyond such ground (t). When a party desires to demur to part of a pleading and defend as to part, the two may be Time for de- combined in one pleading (m). A demurrer not so com- murring. (o) Order xxiv. r. 3. Ip) Order xxv. (7) Order XXVI. (r) Brown's Law Diet. p. 115, tit. 'Demurrer.' (s) Order XXVIII. r. 1. (() Ibid. r. 2. (i() Ibid. r. 4. Digitized by Microsoft® THE CLOSE OF THE PLEADINGS, 53 bined in another pleading is delivered in the same manner and within the same time as the pleading would be which it stands in the place of (as). When a How disposed demurrer is delivered either party may enter it for ''^' argument immediately and give notice thereof to the other party. If the other party disputes the demurrer and considers his pleading good as it stands, he should enter the demurrer for argument and give notice thereof within ten days, otherwise it will be held suffi- cient (y) ; and if he considers he can improve his plead- ing he should proceed to amend it by leave, which leave will only be granted on payment of the costs of the demurrer («). Whenever a demurrer to an entire pleading is allowed upon argument, the party whose pleading is demurred to pays the costs of the de- murrer (a) ; and if the pleading demurred to was a statement of claim, the costs of the action also, unless otherwise ordered (6). When a demurrer is overruled on argument the demurring party pays the costs of it unless otherwise ordered (c). When a demurrer is Amendment argued and allowed, or overruled as the case may be, ''^'^' <'™""''^"'- the Court has power to allow the party defeated on it to amend his pleading, or to raise by pleading any facts he may be desirous of setting up (d). The following would be an instance of a demurrable instance of a pleading. An indorsee for value of a bill of exchange "^^u^'^bie sues the acceptor, who simply sets up in his defence that he received no value. This, though it would be a good defence in an action brought against him by the drawer, is no defence to the action of the indorsee. The plaintiff can therefore demur to the defence. Most defences have always existed, or at any rate Defences (x) Order xxviii. r. 3. See Griffith and Loveland's Pr. p. 292. action, (y) Order xxviil. r. 6. 14 Ibid. r. 7. (a) Ibid. r. 8. (6) Ibid. r. 9. 0) Ibid. r. 11. (lO Ibid. vr. 9, 1^. Digitized by Microsoft® arising pending the 54 PKOCEEDINGS FROM APPEAKANCE TO have existed before action brought ; but sometimes a defence may arise only after it has been commenced, e.g., where after it is brought the defendant gets his discharge in bankruptcy. Such a defence, although it did not exist when the action was brought, may be set up either by the defendant, or by the plaintiff to a counter-claim, but if it arises on the defendant's part after statement of defence has been delivered, or after the expiration of the time for delivering the statement of defence, or if it arises on the plain- tiff's part after reply has been delivered, it can only be . set up within eight days of its having arisen, and by leave of the Court or a Judge (e). Where a defendant has set up any defence that has arisen pending the action, the plaintiff may at once confess it, and — as it did not exist when he brought his action — may sign judgment for his costs up to the time of pleading it (/). This practice is similar to the former plea oi puis darrein continuance. Amendment of Very fuU powers of amendment of pleadings exist, pleadings. rpj^g Court or a Judge has power at any stage of the proceedings to allow either party to alter his statement of claim, or defence, or reply, or may order to be struck out or amended any matter in such statements respec- tively which may be scandalous, or may tend to pre- judice, embarrass, or delay the fair trial of the action, and all such amendments may be made as may be necessary for the purpose of determining the real questions or question in controversy between the When amend- parties (p). In particular, also, a plaintiff may once at ments may be any time before the expiration of his time to reply, or without leave, where no defence has been delivered within four weeks from the appearance of the defendant who last appeared, (c) Order XX. rr. 1, 2. (/) Ibid, i: 3. (j;) Order xxvii. r. 1. For in.itances of amendments allowed under this rule, see Griffith and Lovcland's Pr. pp. 283-286. Digitized by Microsoft® THE CLOSE OF THE PLEADINGS. 55 amend his statement of claim without any leave (A), A defendant, also, who has set up in his defence any set-off or counter-claim may any time before the expi- ration of the time allowed him for pleading to the reply, and before pleading thereto, or in case there is no reply, then at any time before the expiration of twenty-eight days from the filing of his defence, amend such set-off or counter-claim without any leave (i). Such amendment, however, made without leave, may on application within eight days of delivery be disallowed if the Court or a Judge considers proper to so disallow it Qc). When an order for leave to amend is made the Time to amend pleading must be amended within the time named in "°''^'' '"^''*''' the order, or if no time is named, then within fourteen days from the date of the order, otherwise it becomes ipso facto void, unless the time is extended (Z). Every amended pleading must be marked with the How amend- date of the order (if any) under which it is amended, "^° ^ ™* °' and also with the day on which the amendment is made, and be delivered to the opposite party within the time allowed for amending (m). If the amendments do not exceed two ordinary folios (n) in any one place, the amendments may be made in writing, unless it would render the pleading difficult or inconvenient to read, in which case, or if they exceed the before- mentioned length, the pleading must be reprinted (o). Between the appearance and the close of the plead- ings in every action various interlocutory applications (h) Older xxvii. r. 2. (i) Ibid. 1. 3. Ik) Ibid. i-. 4. (0 Ibid. r. 7. (m) Ibid. IT. 9, 10. («) That is soveaty-two words to each folio, every figure counting as a separate word. (o) Order xxvii. r. 8. Digitized by Microsoft® admisiiions. 56 PBOCEEDINGS FROM APPEAEANCE, &C. of more of less importance are invariably made, and other interlocutory steps may be taken. Before, there- fore, proceeding further with the direct course of an ' ordinary action it is necessary to devote some attention to them. In the Appendix to this work the student will find a complete set of pleadings in an imaginary action. Applying on It may be here noticed that any party may at any stage of the action apply to the Court or a Judge for such order as he may upon any admissions of fact in the pleadings be entitled to without waiting for the determination of any other question (p). In an action for recovery of land the rules as to pleadings are not quite the same as in other actions, it being provided that a defendant in any such action in possession by himself or his tenant need not plead his title unless his defence is of an equitable nature, but, except in such case, it is sufficient for the defendant to state that he is so in possession, and he may then rely upon any ground of defence he can prove {q). (p) Order xr. r. 11. ((/) Order XIX. r. 15. Digitized by Microsoft® 57 CHAPTEE IV. INTEKLOCUTOEY PEOCEBDINGS. Inteelocutoey applications are sometimes made to the Court, sometimes to a Judge or Master in Chambers. When the application is made in Chambers, it is done Summons and by means of a summons, on which an order is made. *"'''^^'' When the application is made to the Court, it is done Motion and by means of a motion, on which, in the first instance, l^^l absolute. usually a rule nisi is granted, which may afterwards be made a rule absolute. That is to say, that a first ap- plication is made ex parte, and if a prima facie reason is shewn for granting what is asked, an order is made for it, unless by a certain day cause is shewn against it by the other side. This is a rule nisi, and if no cause is shewn against it, or if, on argument, the Court is still of opinion that what is asked for should be granted, it is then made absolute ; if not it is discharged. _ A very frequent application is for an extension of the Summons for times allowed for taking the difi'erent steps jn the '™''' action, and such extension may be granted even after the expiration of the time appointed or allowed i r). As matter of practice it is a rule to always grant one application for time to deliver a pleading, but for any further time some special reason must be shewn, and then the party applying usually has to pay the costs of the application. The Court also, in granting any extension, Granting time is not granting anything that the party is entitled to °'^ '°''""'* as a right, but is granting a favour, and therefore can always, in giving the time, put the party under any terms ; for instance, on granting a defendant time to (/■) Order LVii. r. 6. Digitized by Microsoft® 58 INTEKLOCUTOEY PBOCEEDINGS. Payment into Court. deliver his statement of defence, it can do so on the terms that he should take short notice of trial instead of what he is entitled to (s), or the hest notice of trial that the plaintiff may be able to give, so as to enable him to have his case tried without delay. Sometimes, too, the order for time is made " peremptory," that is on the condition that the party shall not apply for time again. Payment of money into Court in an action is a step that very frequently occurs. An action may be brought against a defendant on a cause of action on which he admits a liability, but not to the extent claimed by the defendant ; here to go on and contest the question of amount only would certainly entail on the defendant the costs of the action, for the plaintiff would recover something, but if he pays a sum into Court the plaintiff will, if he goes on, be going on at his own risk as to costs if he do not recover more than paid in. Former prao- Under the former practice, except in a few cases (t), money could only be paid into Court when the action was for a debt or liquidated demand, and then only with the plea. This payment into Court with the plea was all that could be desired if the defendant had made a tender before the action, because he could then plead the tender and pay the same amount into Court, and if the plaintiff did not recover more the defendant got the whole costs of the action ; but where there was no tender before action, as no tender can be made after action, the defendant had at any rate to pay the costs down to the plea and payment into Court. This was, however, obviated thus : — the defendant would take out a summons to stay the action on payment of the sum he admitted, and if this was not acceded to by the plaintiff, it operated as a tender from that time, so as to throw the costs of the action on the plaintiff (s) Post, pp. 70, 71.- (i) An instance was under 6 & 7 Vict. c. 90. Sec Indermaur's ut Cum. Law, pp. 311, ol2. Principles Digitized by Microsoft® INTERLOCUTOBY PROCEEDINGS. 59 from then if he did not recover more. This course is not now necessary, and indeed is no longer allowed (u). Under the present practice a defendant is at liberty New practice in any action to recover a deht or damages, to pay °'°°°' money into Court at any time after service of the writ, and before or at the time of delivering his defence, or by leave of the Court or a Judge at any later time. This payment into Court is pleaded in the defence, and the claim or cause of action in respect of which it is made is specified therein (v). If the money is paid into Court at the time of delivering the defence, the fact of payment in appears thereon, but if paid in before, the defendant serves upon the plaintiff a notice that he has paid in such money, and in respect of what claim («). The plaintiff, on payment into Court of money, may Course by at once obtain it out, the money being paid to him per- payment °kito sonally or on his written authority to his solicitor, for Court. the verification of which authority no affidavit is usually necessary (y). He then simply continues his action for the .balance if not satisfied with the amount paid in ; but if he is satisfied .with it then he may, within four days after receipt of notice of payment in, or if pay- ment in is first stated in the defence, then before reply, give notice to the defendant that he accepts it in satis- faction of the causes of action in respect of which it is paid in. He then taxes his costs, and if they are not paid within forty-eight hours signs judgment for them (2). Discovery and inspection of documents are very im- Discovery, im- portant interlocutory proceedings. Either plaintiff or sp^<=''°°' ^'^• defendant, in the course of an action may find it neces- sary or advisable to obtain information as to certain facts from his opponent, or to know what documents he («) See Griffith and Loveland's Pr. p. 303. (w) Order xxx. i. 1. ix) Ibid. r. 2. (i/) Order xxx. r. 3, («) Ibid. r. 4, Digitized by Microsoft® 60 INTERLOCUTORY PROCEEDINGS. has in Lis possession relating to the matters in question in the action, and to inspect the same {a). luterrogatoiies'. The first of these objects, viz., discovery of facts, is attained by means of interrogatories, which are certain written questions administered to the other party to the action, and required to be answered by him upon oath. Time for These interrogatories may be delivered by the plaintiff toTad-'""'' ^"^^^ ^is statement of claim (b), or by the defendant ministered. with his statement of defence, or by either of them at any subsequent period before the close of the pleadings, without any order for that purpose, and they may also be administered at any time by leave of the Court or a Interrogatories Judge (c). If the defendant is a body corporate or Mt"\ody'° ' joint stock company, the plaintiff may apply in Cham- bers for leave to administer interrogatories to any member or officer {d). The costs of improper or un- necessarily lengthy interrogatories may be disallowed by the Court or a Judge or a taxing master (e), and if any parts are scandalous — that is couched in unfitting language — or irrelevant- — ^that is, not relating the matters in question — they may be ordered to be struck out (/). corporate or company. Answer to interro- gatories. Interrogatories must be answered by affidavit to be filed within ten days, and if such affidavit exceeds ten folios it must be printed {g). If the party claims any privilege from answering any question Qi), it and the grounds of it, must be stated in the affidavit («). If (a) For information on tlie subject of discovery and inspection prior to tile Jud. Acts, see Griffith and Loveland's Pr. pp. 306-337. (6) However in practice interrogatories are not allowed by a plaintiff before statement of defence put in, as the information given in the de- fence may often render the interrogatories unnecessary, see Griffith and Loveland's Pr. p. 337 and note (a).' (c) Order xxxi. r. 1. (d) Ibid. r. 4. («) Ibid. r. 2. (/) Ibid. r. 5. ((/) Ibid. rr. 6, 7, 7(i. (A) As to cases of privilege, see Indormaur's Principles of the Com. Law, Pl>. 396-400. (0 Order xxxi. i. 8. Digitized by Microsoft® INTERLOCUTORY PROCEEDINGS. 61 the party interrogated omits to answer within the proper time, or answers insufficiently, the proper course is to apply by summons in Chambers, requiring him to answer, or to answer further, as the case may be, or a viva voce examination may be ordered {h). The answers to interrogatories are afterwards fre- Answers used quently used at the trial, and in such event any one of *' '""'' the answers may be used as evidence by itself, but if the Judge considers the answers all so connected that the one ought not to be used without the other he may direct them all to be put in {I). Discovery of documents may be obtained by either Discovery of party to an action by applying by summons, with- documents. out filing any affidavit in support thereof, asking for an order for his opponent to make an affidavit of documents (m). Inspection of documents is usually obtained in the inspection of following manner : — The party requiring inspection dooumsnts. gives to his opponent a notice to produce to him any document mentioned in a pleading or affidavit of his. The other party on receipt of this notice should within two days, if the documents are all specified in his affidavit of documents mentioned in the last paragraph, or within four days if not so specified, deliver a notice stating a time within three days at which the docu- ments may be inspected at his solicitor's office. If the notice to produce for inspection is not complied with in this way, the party not complying will be prevented from giving such document in evidence, unless he shews the Court that he had sufficient cause for not complying therewith (w). In addition to this an ap- (k) Order xxxi. rr. 9, 10 ; Griffith and Loveland's Pr. p. 343. As to pro- ceedings subsequently if order to answer not obeyed, see post, p. 62. (0 Order xxxi. r. 23. (m) Ibid. r. 12. (ft) Ibid. rr. 14, Ifi. Digitized by Microsoft® 62 INTERLOCUTORY PROCEEDINGS. plication may be made by summons asking for an order for inspection (o) ; and if in any case documents of which inspection is sought do not appear in any pleading or affidavit of the party, the only course is to apply direct for an order for inspection, but in this case the application must be supported by an affidavit by some person shewing (1) of what documents inspec- tion is sought ; (2) that the party applying is entitled to inspect; and (3) that they are in the possession or power of the other party (fj. Consequences The consequencc of a person failing to obey any of disobedience ^^ ^^ auswcr interrogatories, or for discovery or to order for t i • ?■ n i , j i i j. 3 i discovery, &c. inspection, IS that he is liable to attachment, and also, if a plaintiff, to have his action dismissed for want of prosecution, and if a defendant, to have his defence struck out and to be placed in the same position as if he had not defended {q). To ground an application for attachment under this rule the service of the order need not be personal, as is necessary to ground an application for attachment in other cases, but service on the party's solicitor is sufficient, unless the party against whom the application is made can shew that he has had no notice or knowledge of the order, and in this case the solicitor himself is liable to attachment unless he has reasonable excuse (r). Summons for An application that is not unfrequently made in the particulars, course of an action is for the plaintiff to be ordered to give further and better particulars of his claim; thus, if the plaintiff is suing on a contract containing a series of items, which necessarily cannot all appear in his statement of claim in detail, the defendant may by such an application obtain a detailed statement of account ; or again, if the plaintiff is suing for injuries (o) Order XXXI. r. 17. (p) Ibid. rr. 11, 18. ((?) Ibid. ,. 20. (»•) Ibid. rr. 31, 32, Digitized by Microsoft® INTEKLOCUTOKY PKOCEEBINGS. 63 committed, particulars of them may be obtained in this way. When an action consists entirely or mainly of matters Summons to of account, a very proper application is for it to be ^''^"' referred to one of the masters, on the ground that it cannot be conveniently gone into at the trial (s). If this application is not made, as it should be if the action is really a matter of account, it may be referred by the Judge at the trial. If an action is brought for a sum on contract not Summons to exceeding £50, a defendant may, within eight days count'y Court. from the service of the writ, apply for an order refer- ring the case to the County Court in which the action might have been commenced, and if the plaintiff does not shew good cause to the contrary the order will be made and the case tried in the County Court (<). It has been stated that the plaintiff in his statement Summons to of claim mentions the place where he proposes that the ^f t°fjfi ^'''°'' action should be tried, and in default of his stating any place the trial will be in Middlesex (m). An applica- tion may always be made to change the place of trial ; if made on the part of the plaintiff it will usually be granted on his paying the costs of the application, unless the defendant shews some good ground against changing it ; but the application is more usually made on the part of the defendant, and in support of his application he must shew either that to change it in the way he proposes would be more convenient and a saving of expense, or that by reason of local prejudice or otherwise he cannot obtain a fair trial in the place where it is proposed that the trial take place (x). (s) 17 & 18 Vict. c. 125, s. 3. (i) 30 & 31 Vict. c. 142, s. 7 ; Jud. Act, 1873, b. 67. As to the juris- diction of County Courts, see post, p. 88. (m) Ante, p. 48. (x) See Order xxxvi. r. 1. It may be well to notice here the change in the practice as to the place of trial of an action. The rule was, that if Digitized by Microsoft® 64 INTEKLOCUTOKY PEOCEEDINGS. Summons to dismiss for want of pro- secution. Summons to hold defend- ant to bail. When a plaintiff does not take some step in an action within the proper time appointed for that purpose a summons may frequently be taken out by the defendant asking that his action may be dismissed for want of prosecution. The chief cases in which such an appli- cation can be made are : — (1.) Where the plaintiff does not within the time allowed deliver his statement of claim {y); (2.) Where he omits to obey an order to answer interrogatories or for discoTery of documents (z); (3.) Where he omits to give notice of trial within the proper time (a). A summons to arrest a defendant in the course of an action— or as it is called to hold a defendant to bail — is an application sometimes though not very often made. By the Debtors Act, 1869 (h), it is provided that where the plaintiff proves at any time before final judgment by evidence on oath to the satisfaction of a judge (1) that he has good cause of -action against the defendant to the amount of £50 or upwards ; (2) that there is pro- bable cause for believing that the defendant is about to quit England unless he is apprehended ; and (3) that the absence of the defendant from England will mate- rially prejudice him (the plaintiff) in the prosecution of his action, the Judge may order such defendant to be arrested and imprisoned for a period not exceeding six months, unless and until he has sooner given the pre- scribed security, not exceeding the amount claimed in the action, that he will not go out of England without the leave of the Court. Where the action is for a the action was a local one, such as an action for trespass to land, the place of trial to be named by the plaintiff, called the venue, must be where the cause of action arose ; but if the action was transitory", such as an action for debt, the plaintiff might lay the venue where he chose. The venue was, however, liable to be changed on grounds the same as may now be shewn to change the place of trial. By the rule quoted in this note the whole law of venue is abolished and the practice stands as stated in the text, (i/) Order xxix. r. 1. (jr) Order xxxi. r. 20. (a) Order xxxvi. i. 4a. (6) 32 & 3!! Vict. c. 62. ruptcy, sec 33 & 34 Vict. As to the arrest of absconding debtors in bank- :. 7G. Digitized by Microsoft® INTERLOCUTORY PROCEEDINGS. 65 penalty or sum in the nature of a penalty other than a penalty in respect of any contract it is not, however, necessary to prove that the absence of the defendant from England vsrill materially prejudice the plaintiff in the prosecution of his action, and the security given (instead of being that the defendant will not go out of England), is to be to the effect that any sum recovered against the defendant in the action shall be paid or that the defendant shall be rendered to prison. When an action has been commenced in a district Removal of an registry (e), either party may at any time take out a d^st^JJ,/''""" * summons for it to be removed to London, and the Judge registry. may in his discretion make an order removing it (d). In the following cases also a defendant may remove such an action as a matter of right, viz. : (1.) Where the writ is specially indorsed and the plaintiff has not within four days after appearance given notice of an application under Order xrv. (e), the defendant may so remove it after the expiration of such four days and before delivering a defence and before the expiration of his time for doing so; (2.) Where the plaintiff has made an application under Order xrv. and failed, the defendant may so remove it after the order giving him leave to defend, and before delivering a defence, and before the expiration of his time for doing so ; and (3.) Where the writ is not specially indorsed the defendant may so remove it after appearance and before delivering his defence and before the expiration of his time for doing so (/). When an action may be so removed of right the removal is effected by the defendant or his solicitor serving upon the other parties or their solicitors notice to the effect that he desires the action to be removed to London, and the (c) As to which see ante, pp. 13, 14. Id) Jud. Act, 1873, s. 65. (e) As to which see ante, p. 43. (/) Order xxxv. r. 11. Digitized by Microsoft® 66 INTEKLOCUTOEY PROCEEDINGS. action is removed accordingly. If, however, the de- fendant giving such notice is merely a formal defend- ant, or has no substantial cause to interfere in the action, the Court or a Judge may order the action to proceed in the district registry notwithstanding such notice {g). Security for A summons is often taken out in the course of an '"'^^^' action asking that the plaintiff may be ordered to give security for costs. The mere fact that the plaintiff is a pauper is no ground for getting security : and the following are the chief cases in which the order for security will be made (h) :— (1.) Where the plaintiff is permanently resident abroad, or even in Scotland or Ireland, or elsewhere out of the jurisdiction of the Court. A mere temporary absence is not sufficient, nor is an involuntary absence, as in the case of persons engaged abroad in the public service. The order for security will be made even although the plaintiff is a king of a foreign state {i) ; but it will usually be an answer to the application to shew that the plaintiff is in possession of property within the jurisdiction of a permanent nature, such as land, available to process by the defendant Qc). (2.) In any action of tort, on an affidavit that the plaintiff has no visible means of paying his (the de- fendant's) costs in the action if he fail, the defendant may, unless the plaintiff can satisfy the Judge that he has a cause of action fit to be prosecuted in the High Court, obtain an order for him to give security for such costs or that it be referred to the County Court of the district for trial (Z). This is naturally a very Of) Order xxxv. r. 12. (A) See hereon Chitty's Arch. Pr. 12th ed. pp. 1414-1421. («■) Otlio, King of Greece v. Wright, 6 Dowl. 12. (4) Edinburgh Sy. Co. v. Dawson, 7 Dowl. 573. (?) 30 & 31 Vict. c. 142, ». 10. Digitized by Microsoft® INTEKLOOUTOEY PROCEEDINGS. 67 great protection to defendants in speculative actions of tort. (3.) Trustees of a bankrupt plaintiff may be ordered to give security for costs (m). (4.) A plaintiff suing for a penalty under the Mer- chandise Marts Act may be ordered to give security for costs (ra). (5.) A limited joint stock company will be ordered to give security for costs, if it can be shewn that if the defendant is successful the assets may be insuf&cient to pay his costs (o). The process of interpleader occurs where claims are interpleader. made by two or more persons against another who claims no interest in the subject matter of the dispute himself, and the object of the process is to have the point of who is entitled decided between the antago- nistic claimants. The procedure and practice as to this remains as before (jp), and applies to all actions in and all Divisions of the High Court (q). The cases in which interpleader arises are two ; viz. (1) where an action is actually brought against a person, and (2) where conflicting claims are made on a sheriff in possession. In the former case the de- fendant may apply for interpleader at any time after being served with a writ of summons and before de- livering a defence (r); in the latter case, which is indeed much the more frequent in practice, the sheriff applies for interpleader as soon as the conflicting claim (m) 15 & 16 Vict. c. 76, s. 142. (n) 25 & 26 Vict. c. 88, s. 24. (o) 25 & 26 Vict. c. 89, s. 69. (p) The statutes relating to interpleader are 1 & 2 Wm. 4, c. 58 ; 1 & 2 Vict. c. 45 ; and 23 & 24 Vict. c. 126, ss. 12-18. (?) Order I. i . 2. (»•) Ibid. F 2 Digitized by Microsoft® 68 INTEELOOUTOBY PKOOEEDINGS. is made on him (s) ; thus, for instance, the sheriff in possession, under a writ oi fieri facias (i) receives notice that the goods of which he has taken possession are claimed by some third party under a bill of sale. The interpleader summons calls the parties before the Judge, and if neither withdraws he may then direct an issue to be tried of who is entitled to the goods ; or where the amount in dispute or the value of the goods is but small, he may decide the matter summarily (u). Special case. Costs on in- terlocutory applications. A special case is a course sometimes resorted to by parties where they are agreed upon the facts of the case and only desire the decision of the Court upon some point or points of law. Directly after the writ of summons in an action is issued the parties may concur in stating any such special case ; it is divided into paragraphs numbered consecutively, and is printed, and signed by the respective parties or their soli- citors (w). In addition to this special case by consent, if it appears to the Court or a Judge that there is in any action a question of law which it would be more convenient to have decided before any evidence is given on an issue of fact, an order may be made for such point of law to be raised for the opinion of the Court (x). No special case to which a person under disability is a party can be set down for argument without leave of the Court or a Judge, which will only be granted on shewing that the statements in such special case which affect such persons under dis- ability are true (y). On some interlocutory applications a direction is given as to the costs of the application, e. g., that they (s) 1 & 2 Wm. 4, c. 58, s. 6. (t) As to which see post, p. 82. See the enactments as to interpleader set out in Griffith and Loveland's Pr. pp. 151-155. («) Ibid. (to) Order, xxxiv. rr. 1, 3. (ic) Ibid. r. 2. (!/) Ibid. r. 4. Digitized by Microsoft® INTEELOOUTOHY PROCEEDINGS. 69 are to be paid by one of the parties, that they are to be " costs in the cause," or are to be one of the parties' costs " in any event." The meaning of the expression " costs in the cause " is simply that the costs of the application follow the result of the general costs of the action, which indeed is usually the case ; the meaning of the expression, costs " in any event," is that one of the parties is to have the costs of the application in question whatever may be the ultimate result of the action. Where an application is made in Chambers to one of Appeals from the Masters, he may, if he thinks fit, refer the matter chlmw" to a Judge in Chambers. If he does not, nevertheless any person affected by his order or decision may appeal to a Judge in Chambers by summons within four days, and from thence to a Divisional Court (z). {z) Order LXIV. rr. 3-6. Digitized by Microsoft® 70 CHAPTEK V. TRIAL AND PEOCEEDINGS TO CONCLUSION. Notice of trial. Mode of trial. Length of notice. Having in the last Chapter considered the most usual interlocutory applications and proceedings in the course of an action, we may now continue its ordinary course, which we have pursued up to the close of the pleadings, and in which, therefore, the next step is to go to trial (a). The first step towards the trial is to give notice of trial, which may be by the plaintiff with his reply, or at any time after the close of the pleadings (b). If he does not give notice of trial within six weeks after the close of the pleadings the defendant may then give notice of trial, or may apply to have the action dis- missed for want of prosecution (e). The notice of trial specifies the mode of the trial, which may be either (1) before a Judge or Judges alone; (2) before a Judge with assessors ; (3) before a Judge with a jury ; or (4) before an official or special referee, sitting with or without assessors ; but the defendant, upon giving notice within four days from the time of the service of the notice of trial, to the effect that he desires to have the issues of fact tried before a Judge and jury, is entitled to have the same so tried {d) ; so that this in effect gives either party a right to a jury. The length of the notice of trial is ten days, unless (a) See ante, p. 56. (6) Order xxxvi. r. 3. (c) Ibid. rr. i, 4o. (d) Ibid. rr. 2, 3. Digitized by Microsoft® TRIAL AND PBOOEEDINGS TO OONOLTJSION. 71 the defendant is under terms to take short notice (e), which is a four days' notice (/). The notice of trial in London or Middlesex does not operate for any par- ticular sittings, but is deemed to be for the first day on which the case can be reached after the expiration of the notice ; elsewhere than in London or Middlesex it is deemed to be for the next assizes at the place for which notice of trial is given (g). No Countermand. notice of trial once given can be countermanded, except by consent or by leave of the Court or a Judge (h). The notice of trial having been given, the next step Entry of cause is to enter the cause for trial. In London or Middle- sex the party giving the notice should do so either on the day of the notice or the day after ; if, however, he does not, his opponent may enter it within the four subsequent days, making in all a period of six days within which the cause may be entered ; and if within that time neither party enters it the notice of trial falls through, and the action is in the same position as if no notice of trial had been given {i). Elsewhere than in London or Middlesex either party may enter the cause for trial, and if they both enter it, it is tried in the order of the plaintiff's entry (k). The next thing to be done by the parties is to prepare for the trial ; and in the preparation for trial two notices that are usually given in actions should be observed, viz., a notice to produce docu- ments at the trial, and a notice to inspect and admit documents. A notice to produce is simply a notice given by Notice to either plaintiff or defendant calling upon any other P™<1"'=^- (e) See ante, pp. 57, 58. (/) Order xxxvi. r. 9. fe) Ibid. rr. 11, 12. (A) Ibid. r. 13. (0 Ibid. rr. 10a, 14. (Ji) Ibid. r. 15. Digitized by Microsoft® 72 TBIAL AND PROCEEDINGS TO CONCLUSION, party to the action to produce certain documents at the trial, and its object is that if the other party does not produce them in accordance . with it he may give secondary evidence of their contents by copies or other- wise, which he would not be entitled to do if such Notice to notice had not been given (T). A notice to inspect and admit. *° admit is simply a notice given in a like way, but call- ing on the other party to come and inspect certain documents at a certain time and place, and admit them, so as to save the expense of calling witnesses to prove them at the trial. If the other party neglects or refuses to admit the documents the costs of proving them at the trial will have to be paid by him whatever the result of the action may be, unless at the trial the Court certify that the refusal to admit was reasonable. No costs of proving any documents are allowed unless this notice is given, except where the omission to give it has been, in the opinion of the taxing officer, a saving of expense. The party, if he admits the documents, only admits them saving all just exceptions, which means that he does not thereby preclude himself in any way from contesting the validity of any document or ob- jecting to it on the ground of its not being stamped or otherwise (m). When documents are admitted, an affidavit of the solicitor or his client of the due sig- nature of the admission which is annexed to his affi- davit is sufficient (m). Briefs, &c. Before the day of the trial briefs are prepared on behalf of the respective parties to the action, contain- ing a statement of the case of the party on behalf of whom the brief is given, and a list of the witnesses to be called on his behalf and particulars of what each (J) See Indermaur's Principles of tlie Com. Law, p, 375. (m) See Order xxxii. r. 1. (n) Ibid. r. 2. The student sliould be very careful not to confuse this notice to inspect and admit given above with the notice to produce for inspection which may be given in the course of an action. The latter has for its object only the seeing the documents in the course of the action, sec ante, p. 61. Digitized by Microsoft® TRIAL AKD PEOOEEDINGS TO CONCLUSION. 73 witness ■will prove ; also notes as to the cross-examina- tion of any witnesses expected to be called on the other side, and generally a brief should contain all such information as may be useful to counsel. A copy of the brief, the pleadings, the notices to produce and to inspect and admit, and any other necessary docu- ments are delivered to each counsel employed on behalf of the particular party. Sometimes only one counsel is employed, sometimes two or more, according to the importance of the case ; most usually there are two, a Queen's counsel and a junior. Usually also before the trial a consultation or conference is arranged, so that counsel may be as far as is possible conversant with the facts. Fees are of course paid with the briefs and for the consultation or conference, and if the case is not reached at the sittings or assizes for which the brief is delivered a fee called a refresher is also paid, as is also the case if the trial of the action occupies more than one day. The attendance of witnesses at the trial is enforced Subp(Bnas, and by means of subpoenas. A subpoena is a writ by which generally?^^^*' a person is commanded to appear at a certain place and time, and is either a writ of subpoena ad testi- ficandum where a witness is simply required to give his oral testimony, or a stibpoena duces tecum where, in addition, he is required to bring with him certain documents relating to the matters in question (o). Three names may be inserted in each subpoena, and a copy of the subpoena must be served personally on each witness, the original being shewn at the same time. It is usual afterwards to give the witness notice when the cause is coming on. A reasonable sum must be paid to each witness to defray his expenses of appear- ing under his subpoena, and he is justified in refusing to attend or to give evidence until his proper expenses are paid. If a material witness who has been properly (o) Brown's Law Diet. tit. ' Subpcena,' p. 345. Digitized by Microsoft® 74 TEIAL AND PKOCEEDINGS TO CONCLUSION. served and to whom a reasonable sum for expenses has been paid or tendered does not obey his subpoena Witnesses out he is liable- to attachment and also to an action. If diib'r a witness is resident in Scotland or Ireland a subpoena cannot be issued as a matter of course, but only by leave of the Court or a Judge. If a witness is in Her Majesty's dominions abroad a writ may be issued in the nature of a mandamus to the tribunals there for the examination of the witness there, or instead, and also in all cases where a witness is abroad not in Her Majesty's dominions, a commission may be issued for the examination of the witness there, and the evidence thus taken in either of these ways will be allowed and read as evidence at the trial. The evidence of a wit- ness in Scotland or Ireland may also be taken by commission instead of issuing a subpoena by leave as Witnesses above stated. If a person who is required as a wit- under custody, ^^gg jg .^ custody on civil process his evidence is obtained by his being brought up on habeas corpus ad testificandum which is granted by a Judge in Chambers, but if in custody not on civil process an order to bring him up to give evidence must be ob- tained from one of the principal Secretaries of State or a Judge at Chambers (p). Taking evi- It sometimes happens that a person who will be denoe de bene j,gq^jj.g^ ^^ ^ witness at the trial is about to go abroad, or is so ill that he is in danger of death. In such cases an order may be obtained for the examination of the witness before a Master or some other person. In support of the summons for such an order it must be shewn by affidavit that the party is a material witness and that he is so about to go abroad or is so danger- ously ill, and in this latter case there must be an affidavit of the illness by a medical man. The evidence so taken cannot be used at the trial except by consent, {p) See Chitty's Arch. Pr. 12th ed. pp. 355, 356. Digitized by Microsoft® TRIAL AND PEOOEEDINGS TO CONCLUSION. unless it is shewn to the satisfaction of the Judge at the trial that the deponent is unable to attend {q). The trial, in the majority of cases, takes place before Jury, the Judge and a jury {r), the jury being more usually a common jury (s), in which case they are ready as a matter of course, or it may be a special jury (t). Either plaintiff or defendant has, if he thinks fit, a right to a special jury ; the course to obtain it being for the plaintiff to give notice to that effect with his notice of trial, on the defendant six days before the day of trial. Notice is then given to the sheriff of the requiring a special jury and the action is marked as a special jury case in the associate's book. If, however, the notice for a specifil jury is given by the defendant in London or Middlesex for the purpose of delay, the Court may order the action to be tried before a common jury. The party who obtains the special jury has to pay all the extra costs occasioned by it what-' ever may be the result of the action, unless the Judge before whom the action is tried certifies that the cause was one proper to be tried before a special jury (w). (?) See Chitty's Arch. Pr.l2th ed. pp. 329-337. ' (r) All persons between twenty-one and sixty are liable to serre on a jury, provided they have the necessary property qualification, as described in notes (s) and (t), and also provided they are not exempted from so serving. The chief persons exempted are peers, judges, magistrates, clergymen, doctors, and barristers ; but there are numerous other ex- emptions of less importance. A juryman who has been summoned, and fails to attend, is liable to be fined. Any party who is dissatisfied with a juryman on the ground of want of the necessary property qualification, or by reason of some supposed bias or partiality, or on some other grounds, may object to him, which objection is called a challenge. The jury are summoned to attend by the Sheriff (Chitty's Arch. Pr. 12th ed. pp. 430, 431). (s) The main qualifications of a common juror are that he should have £10 a-year from freeholds or copyholds, or £20 a-year in leaseholds, or be a householder rated or assessed to the poor-rate, or to the inhabited house duty in Middlesex, on a value of not less than £30, or in any other county not less than £20 (Chitty's Arch. Pr. 12th ed. pp. 431, 432). (<) Special jurors are persons of a higher degree than common jurors, such as bankers or merchants (Chitty's Arch. Pr. 12th ed. p. 432.) (m) Chitty's Arch. Pr. 12th ed. p. 371. 75 Digitized by Microsoft® 76 TBIAL AND PROCEEDINGS TO CONCLUSION. The trial. Finally, the action in its due order comes on to be tried, and, taking there to be two counsel on each side, it proceeds as follows :— The plaintiff's junior counsel states shortly the effect of the pleadings, and the senior counsel states his client's case ; the witnesses are then called and respectively examined by one of these counsel; cross-examined, if necessary, by the senior counsel on the other side, and then, if necessary, re-examined on any new points that have been raised by the cross-examination. The plaintiff's case being closed, the defendant's senior counsel states his client's case, and, in the same way as was done by the other side, his witnesses are now called, and examined, cross- examined, and re-examined. He then addresses the jury on the evidence, and the plaintiff's senior counsel replies on the whole case. The Judge then sums up, telling the jury the points on which their verdict is re- quired J and when they have considered the matter, they announce their verdict through the foreman they have chosen amongst themselves (x). If after the plaintiff's case is closed, the^ defendant's counsel announces that he does not intend to call any witnesses, the plaintiff's counsel must at once address the jury, and the de- fendant's counsel concludes with his address, thus having the last word to the jury. In the foregoing remarks it is put as if the plaintiff's counsel always commences and so almost invariably it is; but the general rule is that the party to begin is he on whom the affirmative in the action lies, or, more correctly, the one who in the absence of proof on either side would substantially fail in the action (y). The verdict. The verdict is the unanimous decision of the jury on the facts submitted to them ; if they cannot agree (it) In the above nothing is said about the evidence being by affidavit, because such a thing in the Divisions in which we are now considering the practice is not usual. Evidence by affidavit often occurs in the Chancery Division, and is dealt with post, pp. 94-96. (i/) Chitty's Arch. Pr. 12th ed. p. 383. Digitized by Microsoft® TRIAL AND PKOOEBDINaS TO CONCLUSION. 77 on their verdict after a reasonable time, unless the parties agree to accept the verdict of a majority, they are discharged, and the action must be tried again. It sometimes happens that at the trial one of the Postponement parties finds it necessary to apply for a postponement ° of the trial. This application may be granted on good grounds, but it is usually only done on the terms that the party applying pays the costs of the day — that is. Costs of the those costs which will have to be incurred over again ^''^' on account of the postponement, such as the issuing of fresh subpoenas, refreshers to counsel, &c. In the course of a trial, sometimes the parties agree Withdrawing that the action shall come to an end, and that each * ■'"™'^' party shall pay his own costs. This object is accom- plished by withdrawing a juror, and the action cannot then be brought over again (z). A nonsuit is, technically, where the plaintiff does not Nonsuit. appear at the trial, and the defendant succeeds by his default. A nonsuit, however, more usually occurs where the plaintiff finds he cannot succeed in his action, and submits to be nonsuited — that is, to let it be considered as if he were not present. He cannot be nonsuited ^ against his will. A nonsuit formerly had this advan- tage over a verdict for the defendant, viz., that the plaintiff might bring the same action over again, so that in many cases a plaintiff would submit to be non- suited in the hope that at the next trial he might have some additional evidence, or in other ways be better prepared (a) ; but it has not now any such advantage, it being provided that any judgment of nonsuit, unless otherwise ordered, shall have the same effect as a judg- es) Chitty's Arch. Pr. 12th ed. p. 408. (o) Ibid. p. 409. Digitized by Microsoft® 78 TRIAL AND PROCEEDINGS TO CONCLUSION. ment upon the merits for the- defendant, except that it may be set aside in cases of mistake, surprise, or acci- dent, on such terms as to the Court or a Judge shall seem just (h). Effect of plain- The effect, then, of the plaintiff not appearing at tiff and de- tj^g ^j-ial while the defendant does, is that a judgment specth-ely'not of nousuit, or judgment dismissing the action, is en- appearingat ^ered ; but in addition to this, if the defendant has any counter-claim, he may prove such claim so far as the burden of proof lies on him (c). If the defendant does not appear at the trial, while the plaintiff does, the plaintiff may prove his claim so far as the burden of proof lies on him (d). Any verdict or judgment, however, obtained where one party does not appear at the trial, may be set aside by the Court or a Judge upon such terms as may seem fit, upon an application made within six days after the trial (e). If neither party appears at the trial, the cause is struck out. The Court or a Judge may, if he thinks it expedient in the interest of justice, postpone or adjourn a trial for such time or upon such terms (if any) as he thinks fit(/). Judgment. Judgment — that is, the sentence of the law pro- nounced by the Court upon the matter appearing from the previous proceedings in the suit (g) — follows on the verdict. In all ordinary cases the Judge, either at the trial or after argument on some subsequent day, " directs judgment to be entered in accordance with the verdict (h) ; but if he abstains from directing any (6) Order XLi. r. 6. As a matter of fact, where a party would formerly have elected to be nonsuited the Jiidge now interferes and directs the judgment of nonsuit to have the same effect as formerly (Griffith and Loveland's Pr. p. 397). (c) Order xxxvi. i . 20. (d) Ibid. 1. 18. (e) Ibid. .. 20. If) Ibid. r. 21. (jr) Brown's Law Diet. p. (A) Order XL. r, 1. 198, tit. 'Judgment.' Digitized by Microsoft® TPIAL AND PROCEEDINGS TO CONCLUSION. 79 judgment to be entered, the action is set down on motion for judgment before the Divisional Court. If the plaintiff does not so set it down, and give notice to the other parties within ten days after the trial, any defendant may do so (i). At the hearing of this motion the Court decides which of the parties is entitled to judgment under the verdict given on the facts. In some cases the Judge at the trial directs judgment to be entered for one of the parties, subject to leave reserved to the other to move the Divisional Court for judgment in his favour. This motion should be made within ten days after the trial {Jc). If, how- ever, the Judge has not reserved any leave to move, but has simply directed judgment to be entered for one of the parties, any party may apply to set aside the judgment, and to enter any other judgment. Any such application as last mentioned is made to the Court of Appeal (l). The cases in which- a Judge would decline to direct Explanation, judgment to be entered at the trial, or in which, though directing it to be entered, he would reserve leave to move, or in which the other party, even with- out such leave, would apply to set aside the judgment, are cases in which on the special facts of the case as found by the jury there is, or is considered to be, a doubt as to which of the parties is in law entitled to the judgment. In all ordinary and simple cases there is no such doubt, and judgment goes, as a matter of course, in accordance with the verdict. No action, except by leave of the Court or a Judge, can be set down on motion for judgment after the expiration of one year from the time when the party seeking to set down the same first became entitled so to do (m). (») Order XL. r. 3. (A) Ibid. r. 2. (I) Ibid. r. 4a. As to appeal generally, see post, Part IV. (m) Ibid. r. 9. Digitized by Microsoft® 80 TRIAL AND PEOCEEDINGS TO CONCLUSION. New trials An application not at all unfrequently made after verdict, is for a new trial. The following are the chief grounds of the application : — (1.) That the Judge has misdirected the jury upon some point of law ; (2.) That he has wrongfully admitted or rejected certain evi- dence ; (3.) That the yerdict is against the weight of the evidence ; (4.) That the damages are excessive ; (5.) That the damages are too small (n.) ; (6) The misconduct of the jury, as if they cast lots to decide the verdict (o). No new trial can, however, he granted on those grounds numbered one and two, viz., misdirection, or wrongful admission or rejection of evidence, unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage has been thereby occasioned to the trial of the action, and if it appears to the Court that such wrong or miscarriage affects part only of the matter in controversy, the Court may give a new trial as to that part only, without in any way interfering with the finding or decision upon any other question (jp). The ground given above, numbered three, viz., that the verdict is against the weight of the evidence, is no ground for a new trial when the trial has taken place before a Judge alone without a To whom The application for a new trial is made to a Divi- appiication for gJQjjal Court, unless the trial has been by a Judge new trial . ' i ■ i t • • -, ? made; time without a jury, when the application is made to the for, &c. Court of Appeal (r). The application to a Divisional Court must, if the trial has taken place in London or Westminster, be made within four days after the trial, or on the first subsequent day on which such Court sits to hear motions. If the trial has taken place else- where, the motion must be made within the first four (n) A very strong case howeyer has to be made out to sncceed on either of the grounds numbered four and five. (o) See Chitty's Arch. Pr. 12th ed. pp. 1518-1534. {p) Order xxxix. rr. 3, 4. (7) Chitty's Arch. Pr. 12th ed. p. 1523. (r) Order xxxix. r. 1. Digitized by Microsoft® TRIAL AND PROCEEDINGS TO CONCLUSION. 81 days of the following sittings (s). If the rule nisi (t) is granted, it calls on the other party to shew cause against it at the expiration of eight days therefrom, or so soon thereafter as the case can he heard, and a copy thereof must he served within four days from being granted (u). If upon any motion for judgment, or for a new trial, the Court considers that it has not sufficient materials before it, it may direct the motion to stand over for further consideration and direct any issues to be tried if necessary (v). When judgment is pronounced, it is afterwards duly Entry of entered by the proper officer of the Court, being dated J'"'s'"^°''. &"=■ as of the day on which it was pronounced, and from which time it takes effect (x). After judgment the successful party proceeds to tax his costs, the amount of which is then filled in the judgment (y). The judgment being thus complete, if payment of the steps to amount of it is not made, the next thing is to enforce it, ^J"™^ ■'"'^^' which is most usually done by issuing execution (a). Execution is issued by producing to the proper officer the judgment with a praecipe containing the title of the action, &c., and a form of writ of execution, which must be indorsed with the name of the solicitor issuing it, and if he is agent, then with the two names, and also with a direction to the sheriff or other officer or person to whom the writ is directed, to levy the amount actually due (a). If after the judgment a part of the amount is paid, the body of the writ nevertheless pursues the judg- ment strictly, but the indorsement is only to levy (s) Order xxxix. i. la. (<) As to which see ante, p. 57. (k) Order xxxix. rr. la, 2. (») Order XL. r. 10. (») Order XLI. rr. 1, 2. (;(/) As to taxation of costs see post, p. 89. (z) Order XLii. i. 1. (a) Order XLii. rr. 9-14. Digitized by Microsoft® 82 TRIAL AND PROCEEDINGS TO CONCLUSION. Writs of execution. Fieri facias. Ca. sa. Elegit. the actual amount due. A writ of execution may be issued on a judgment directly it is duly entered, unless postponed, as it may be. Execution must be issued within six years of the judgment, and before any change in the parties has occurred by death or otherwise, unless leave is obtained from the Court or a Judge to issue execution afterwards. The writ of execution remains in force for one year, but may be renewed for one year from the date of renewal, and so on from time to time, by the writ itself, or a notice of renewal to the sheriff, being marked with a seal of the Court, bearing the date of the renewal, which is sufficient evidence of the renewal (6). The chief writs of execution that may be issued in ordinary cases are writs of fieri facias, capias ad satis- faciendum, and elegiit. A writ oi fieri facias (shortly called a writ of fi.fa.), is a writ directed to the sheriff commanding him that of the goods and chattels of the debtor he do cause to be made the sum indorsed on the writ, together with interest at 4 per cent (c). The sheriff executes this writ by taking possession of the party's goods and chattels and selling the same. A writ of capias ad satisfaciendum (shortly called a writ of ca. sa.) is a writ of execution commanding the sheriff to seize the body of the debtor and keep it to satisfy the amount due (d). This writ cannot however now often issue, in consequence of the Debtors Act, 1869 (e). A writ of elegit is a writ of execution to the sheriff commanding him to appraise the goods of the debtor. (ft) Order XLII. rr. 15-19. (c) Brown's Law Diet. tit. 'Fi. fa.,' p. 157. (d) Ibid. tit. ' Capias ad Satisfaciendum,' p. 52. (e) 32 & 33 Vict. ^. 62. See Indermaur's Principles of the Com. Law, pp. 297, 298. Digitized by Microsoft® TEIAL AND PKOOEEDINGS TO CONCLUSION. 83 instead of selling them, and to deliver them to the judgment creditor in satisfaction, or part satisfaction, of the judgment debt. If this is not sufficient to satisfy the judgment debt, then the lands themselves may be taken possession of, and the judgment creditor holds them until out of the profits his debt is satisfied (/). In many cases the debtor may not have any goods or lands on which execution can be levied, but there are two other modes of enforcing the judgment, which though equally applicable in all cases, may be specially useful then ; viz., a garnishee order and a charging order. A garnishee order is an order obtained by a judg- Garnishee ment creditor against some third party who owes °^'^^''' money to the judgment debtor, commanding him to pay such money to the judgment creditor, in satisfac- tion, or part satisfaction, of his debt. It is obtained on an ex parte application of the judgment creditor, sup- ported by the affidavit of himself or his solicitor, that judgment has been recovered, and to what amount, and is still unsatisfied, and that some third person within the jurisdiction is indebted to the judgment debtor ; and upon this the Court or a Judge may order such debt to be attached, and also order the third person, who is called the garnishee, to appear and shew cause why he should not pay the judgment creditor the debt due from him to the judgment debtor, or so much thereof as may be sufficient to satisfy the judgment debt (^). Service of this order binds the debt in the garnishee's hand from that time, and if he does not pay the amount claimed into Court, or dispute the debt, or appear on the summons, execution may be (/) Brown's Law Diet. tit. ' Elegit,' p. 135. Whenthe judgment creditor has satisfied himself out of the profits, the debtor may recover back the lands by ejectment, or by action in the Chancery Division. See Chitty's Arch. Pr. 12th ed. p. 692. (g) Order XLV. r. 2. G 2 Digitized by Microsoft® 84 TRIAL AND PROCEEDINGS TO CONCLUSION, issued against him for the amount (li) ; if, however, the garnishee disputes his liability, an issue may be directed to try the question {i). If a judgment creditor does not actually know any one who owes money to the judgment debtor, but has reason to suspect that some such debt may be owing, he may obtain an order, in the first instance, for the oral examination of the judgment debtor as to whether any and what debts are owing to him, and for the production of any books or documents (k). Charging A charging order is an order charging the amount order. q£ ^^^ judgment upon stock of the judgment debtor. When any judgment debtor has any Government stocks or funds, or any stocks or shares in his own right, any judgment creditor may apply for an order for the same to stand charged with the judgment debt, and any such order entitles the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judg- ment debtor, except that no proceedings can be taken to have the benefit of such charge until after the expiration of six calendar months from the date of the order. Any such order is, in the first instance, ex parte only, and may be varied or discharged on due cause shewn (J,). Enforcing A judgment for the recovery of any property other CheTnot for ^^^^ ^^^^ ^^^ money may be enforced by writ for de- land or money, livery of the property, by writ of attachment, or by writ of sequestration (m). Writ for A writ for delivery is a writ commanding the de- delivery. (/i) Order XLV. r. 4. (0 Ibid. r. 5. (A) Order XLV. r. 1. (0 1 & 2 Vict. c. 110, ss. 14, 15, and Order XLVI. r. 1. See also enactments hereon fully set out in Griffith and LovoLind's Pr. pp. 412,413. (m) Order XIJI. r. 4. Digitized by Microsoft® TEIAL AND PROCEEDINGS TO CONCLUSION. 85 livery up of certain property, and can be enforced by the sheriff distraining on the lands and goods of the person till the same is delivered (w). A writ of attachment is a writ commanding the Writ of at- doing of a certain act, and if not obeyed the party t^^i""™'- may be imprisoned for contempt of the Court. No writ of attachment can be issued without the leave of the Court or a Judge, to be applied for on notice to the party against whom the attachment is to be issued (o). A writ of sequestration is a writ issued for the Writ of se- purpose of levying on a person's property on account 1"'=^'™"''°- of his disobedience to the judgment or order of the Court. A judgment for recovery of land is enforced by awritofpos- writ of possession, which is a writ issued to the sheriff ^^s^'""- directing him to put the party in possession of certain lands (p). Where a defendant against whom a judgment has Writs of fi. fa. been recovered is a clergyman, there are two writs of "^^J^ ^^j"" execution that may be issued with regard to his sequestrari benefice ; viz., a writ oi fieri facias de bonis eeclesiasticis, J'^'"^- and a writ of sequestrari facias. These writs are very similar in their nature, being both directed to the bishop of the diocese, and having for their object the raising of the amount of the judgment debt out of the property of the benefice (q). The student will remember that actions may be Execution brought against a partnership firm in its partnership *g^'°?' * P*"^*- name without enumerating the particular persons con- (n) Order XLix.; Chitty's Arch. Pr. 12th ed. pp. 710-712. (o) Order XLiv. See also as to Attachment, post, p. 117. Ip) Griffith and Loveland's Pr. pp. 415, 416. rl) Order xxxvill. rr. 1-3. (g) Ibid. r. 6. (r) Daniel's Ch. Pr. pp. 788, 789. (s) Order xxxvil. r. 3, which however provides that on interlocutory applications, statements as to the witnesses' belief, with the grounds thereof, may be admitted. See post, p. 110. Digitized by Microsoft® 96 PROCEEDINGS TO THE FIRST HEARING AND JUDGMENT. way as he might compel the attendance of a witness to be examined, that is to say, by subpoena (t) in the ordinary way (u). The iiearing. To retum — noticc of trial having been given, the cause set down, and the briefs prepared and delivered, the action in due course comes on to be heard. At the hearing the leading counsel for the plaintiff usually opens and goes into the case, and is followed by his junior, then in like manner the respective senior and junior counsel for the defendant are heard, the plain- tiffs leading counsel replies, and the Judge then pro- ceeds to give judgment. This judgment, in most cases, does not dispose of the action altogether, but directs certain accounts and inquiries to be taken and made, which are proceeded with as hereafter explained (x), and the action is afterwards ultimately disposed of in the way also hereafter explained (y). Drawing up of The judgment pronounced by the Court has now to judgment. ^q drawn up in writing. The procedure to do this is as follows : — The solicitor having the carriage or manage- ment of the proceedings (usually the plaintiff's solici- tor) leaves his counsel's brief and any other necessary papers with the Eegistrar (z) who is that day attending in the particular Court. The Eegistrar prepares a draft of the proper order, and the plaintiff's solicitor gives notice to the other parties of an appointment before him to settle it. The solicitors of the other parties procure from the Eegistrar's clerk copies of the draft order, and attend the appointment in the Eegis- trar's Chambers, produce their counsel's briefs and any other necessary papers, and the Eegistrar then, in their presence, settles the judgment. If any party is not (i) As to which see ante, p. 73. («) Order xxxviii. rr. 4, 5. (x) Post, Ch. II. (y) Post, Ch. IV. Should the evidence not be by affidavit but viva voce, tlie course at the trial is as described ante, pp. 75, 76. (?) As to this officer, see ante, p. 17. Digitized by Microsoft® PEOCEEDINGS TO THE FIRST HEARING AND JUDGMENT. 97 satisfied that it carries out the true order of the Court, he can bring it before the Court on a motion to vary the minutes. After it is finally settled it is engrossed, and notice of a further appointment given to pass it, which is usually a merely formal appointment, at which the different solicitors examine the engrossment of the judgment, and see there are no inaccuracies in it, and approve it. If any dispute, however, should arise, recourse may be again had to the Eegistrar. The judgment being passed, it is stamped and copied, or, as it is called, entered in the proper book kept for the purpose, and sealed with the seal of the Court and delivered to the solicitor having the carriage of the proceedings. We have now so far gone through the details of an Friendly ordinary contested action in this Division, taking it •'"^''™*- that it is a contested action ; but many actions here are of a friendly nature, being more of an administra- tive than of a contentious character, or although there may at some subsequent period be contention, yet not up to this stage. For instance, in an administration suit by a residuary legatee under a will he is, as a matter of course, entitled as against the executor to a judgment directing the usual accounts and inquiries, and there is nothing therefore for the defendant the executor to oppose at this stage, although subsequently in Chambers there may be many contentious points ; and there may also be points in dispute at the final hearing. In such cases as this, and provided also that the case involves no question of dilficulty, and is not likely to take up much time in argument, a speedy method of getting a judgment exists, viz., by having the cause heard as a short cause, which we must now proceed to notice. Although the cause is intended to be heard in this shi.it cause. way, all the pleadings may be gone through as usual, but it is more often the practice after the plaintift' has H Digitized by Microsoft® PROCEEDINGS TO THE FIRST HEARING AND JUDGMENT. delivered his statement of claim, to waive a statement of defence, and thereupon at once to give notice of trial. However this may be, the practice then is for the plaintiff's solicitor to prepare minutes of what judgment he proposes the Court shall be asked to pro- nounce, and submit them to the defendant's solicitor. These minutes being agreed upon between them, the plaintiff's solicitor gets from his junior counsel a cer- tificate that the cause is one fit to be heard short (h), and also a consent from the defendant's solicitor to its being so heard, and to the evidence (if any) being by affidavit. There is usually in such cases no evi- dence necessary. On this the plaintiff's solicitor sets the cause down to be heard, and it comes on very speedily, on a special day appropriated by each Judge for the hearing of such cases, and judgment is thus obtained in a very short space of time, where, but for this special mode of procedure, months possibly might have elapsed. The judgment being pronounced, it is drawn up as before mentioned (e). The judgment being thus in existence, whether from an ordinary hearing or from a hearing as a short cause, the next subject to be considered is that of the pro- ceedings thereunder in Chambers, which is done in the next chapter. (b) It is usually considered that the cause should be one which on an average will not occupy more than about ten minutes of the Court's time. (c) As to short causes, see Daniel's Ch. Pr. p. 836. Digitized by Microsoft® 99 CHAPTEE II. (c^). PKOCEEDINGS IN CHAMBERS UNDER THE JUDGMENT. The first step is for the plaintiff's solicitor to make a Carrying copy of the JTidgment in the action, and to certify at j^jf^j^™,,™' '.°„^ the end thereof that it is a true copy. He then summons to carries the same into the Judge's Chambers, and takes [hereon out a summons to proceed thereon, and serves the same upon the other solicitor or solicitors in the action. At the return of the summons the solicitors attend Directions before the Judge's Chief Clerk (e), who gives directions fej^rn^'/the as the manner in which each of the accounts and summons. inquiries is to be prosecuted, the evidence to be ad- duced in support thereof, the time within which each proceeding is to be taken, and generally all necessary directions, and appoints a day for further attendance before him. To properly understand these proceed- ings in Chambers, however, it will be best to take as an instance one particular kind of action and follow it throughout, say an ordinary administration action against an executor or administrator. In noticing the main points in this one instance, the student must bear in mind that although it is but an instance, it shews the general details of the working out of a judgmeiit in Chambers in any case, the only difference being that different kinds of cases involve different accounts and different inquiries, and to particularize (d) On the subject of this chapter generally, and on any points occur- ring in it as to which no reference is given, and on which the student is desirous of further information, he is referred to Daniel's Ch. Tr. ch. xxix. Ip. 1039-1227. (e) As to this officer, see ante, p. 17 H 2 Digitized by Microsoft® 100 PROCEEDINGS IN CHAMBERS UNDER THE JUDGMENT. different cases is beyond the scope and object of the present work. If the student understands one case thoroughly that is sufficient, for the general practice is the same always. Instance of an To take, then, the instance of an ordinary adminis- administration tration action just mentioned : At the return of the summons to proceed, the Chief Clerk directs the plain- tiff's solicitor to insert an advertisement in certain newspapers for creditors to come in and prove their Advertisement claims. This advertisement is always directed to be for creditors, j^gerted in the London Gazette, and usually in The Times and other chief London morning daily news- papers, or one of them, and if a country case, also in two local papers (/). Inquiry as to If there is any question of pedigree involved, the pedigree. Chief Clerk directs the plaintiff's solicitor to bring in evidence thereon by a certain day, and he also directs Accounts. the accounts of the defendants, the personal represen- tatives, to be brought in duly verified by affidavit, and any other necessary facts to be proved by affidavit by a certain day. Carrying out The next thing is for the respective solicitors to dh-ectioM '''^ proceed to carry out .the directions given by the Chief Clerk, so as to be ready to proceed at the appointment which has been given for the further attendance Preparing and before him. The plaintiff's solicitor prepares the ad- vertisement' vertisement for creditors to come in and prove their claims, which is signed by the Chief Clerk and then inserted in the various papers as directed. This adver- tisement usually requires all claims to be sent in by a certain day to the solicitor for the defendants, the per- sonal representatives, and it also names a day for all claimants to appear before the Chief Clerk, which is (/) Where the personal representative has already issued advertise- ments under 22 & 23 Vict. c. 35, s. 29, no further advertisements are generally directed to be issued. Daniel's Ch. Pr. p. 1094. Digitized by Microsoft® PKOOEEDINGS IN CHAMBEES UNDER THE JUDGMENT. 101 called an appointment to adjudicate on claims, but at it Appointment no creditor need make any aflS.davit, or attend in support on da^ms!'''° of his claim (except to produce his security), unless he is served with a notice requiring him to do so (g), but an affidavit is made by the personal representative or his solicitor, or both, stating \yhat claims have been sent in, and which it is considered should be admitted and which not, and the reasons for this ; and then, if necessary, directions may be given for any claimants to prove their debts strictly, and the appointment to adjudicate on claims may be adjourned for this purpose. If no claims have been sent in under the advertisement. Affidavit of no an affidavit of no claims is made. claims. If, as suggested in our instance, there is any point as Pedigree, to pedigree, an affidavit is made by the plaintiff, or some person conversant with the facts, proving any marriages, births, and deaths necessary under the cir- cumstances to be proved. The affidavit should have exhibited to it the certificates of the respective mar- riages, births, and deaths ; and in addition to this, for the sake of convenience, it is usual to prepare and carry into Chambers a pedigree which shews at a glance the position as proved by the affidavits. At the adjourned appointment before the Chief Clerk, the affidavits, &c., are considered, and what is proved duly noted down by him. It may be that he is satisfied that the evidence adduced properly answers the inquiry, or it may be that he directs some further evidence to be obtained ; in which case the appointment is then ad- journed, and so on, from time to time, until he is satisfied. Then as to accounts — these are duly prepared by the Affidavit solicitor of the personal representative, and exhibited **? personal to an affidavit by the personal representative verifying on accounts them ; and in addition, the affidavit, to satisfy other ^""^ i"q""-ies. (y) Daniel's Cli. Pr. p. 1U94. Digitized by Microsoft® 102 PROCEEDINGS IN CHAMBERS UNDER THE JUDGMENT. several requirements of the judgment, ordinarily states the amount of the deceased's funeral expenses, and gives in a schedule a statement of what his estate consisted at the time of his decease, and of what it consists at that time. This affidavit and the accounts are laid before the Chief Clerk at the appointment which has been given before him ; the affidavit at once answers any inquiry in the judgment of what the funeral ex- penses amounted to, of what the estate consisted of at the deceased's death, and of what it consists then ; and the Chief Clerk having seen that the affidavit and accounts are in proper form, refers the latter to one of his junior clerks for the purpose of the items therein being vouched. Vouching accounts. The plaintiff's solicitor then obtains an appointment before the junior clerk to vouch the accounts. At the day appointed the solicitors attend, and the solicitor for the personal representative proceeds to vouch by producing all necessary vouchers, such as receipts, &c. Where items of payment are under forty shillings, no voucher is generally required, the oath of the accounting party being considered sufficient {h). Surcharging and falsifying. Any party who is dissatisfied with the accounts may enter into evidence to shew that certain moneys have been received which are not accounted for, which is called surcharging ; or that certain items of payment are wrongly inserted, which is called falsifying. The junior clerk at the appointment, or any adjourned appointment, vouches the accounts as far as he is able ; and if there are then any items not properly vouched, or the propriety of which is objected to, he queries the same for the Chief Clerk. Queries on accounts. On any such queries an appointment is obtained (A) Daniel's Ch. Pr. i'. 1128. Digitized by Microsoft® PKOOEEDINGS IN CHAMBEES UNDER THE JUDGMENT. 103 before the Chief Clerk, and he considers the same and disposes of them. Taking it, then, that the accounts are disposed of, chief Clerk's and all inquiries directed by the judgment duly '^•'itifio'-'t''- answered, the next step is the preparation of the Chief Clerk's certificate, which is a document whereby the Chief Clerk specifically states or certifies to the Court the result of the accounts and inquiries that have been referred to him. The Chief Clerk being satisfied that Adjourning for everything necessary has been done, adjourns the pro- certificate, ceedings for the certificate. The plaintiff's solicitor then leaves with one of the junior clerks at Chambers, whose duty it is to prepare certificates, all necessary documents, such as office copies of affidavits, &c., and from these documents and the notes of the pro- ceedings in Chambers this official prepares the draft certificate. The draft being prepared an appointment is obtained Settling before the junior clerk to settle it. The solicitors then '^^^''^'^^t'^- attend ; it is gone carefully through, and any queries on it disposed of as far as possible, either at this ap- pointment or any adjournment that may be necessary, and an appointment is then obtained before the Chief Clerk, who finally goes through it and disposes of any queries that may yet remain. It is then engrossed and Approval of signed by him, and has next to be formally approved by ^"-tificate by the Judge, which formal approval usually takes place after four days from the signature of the Chief Clerk. Within these four days, any party who is dissatisfied Summons for with the certificate on any point, may take out a sum- 5niJ"e°on^ mons for the opinion of the Judge thereon («■). At certificate. the hearing of this summons the Judge may direct any alteration of the certificate, or may consider no altera- tion necessary, or may direct the same to be considered as an application to vary the certificate (presently (0 See Daniel's Ch. Pr, 1219, pp. 1220. Digitized by Microsoft® 104 PROCEEDINGS IN CHAMBERS UNDER THE JUDGMENT. mentioned) and treat it accordingly. The certificate is then signed by the Judge, and duly filed in the Court. Ap]>lication to vary certi- ficate. When certi- ficate binding. But notwithstanding the certificate is thus approved and filed, there is yet a course open to a party dis- satisfied in any respect with it, viz., to take out a summons or give a notice of motion to vary it (Jc), which must be done within eight days after the filing, and if the application is not made within that time, the certificate is binding on all parties, unless indeed by special leave it is opened, which will only be done on some very strong case being made out (I). On the return of the summons to vary, it is not dealt with in Chambers, but is adjourned into Court ; and as the cause will now be usually about to come on for final hearing on further consideration it is usually adjourned to come on at the same time. Notice of judgment. In some cases the Chief Clerk may have considered that it is necessary for certain persons not parties to the action, but yet interested therein, to be present, or have an opportunity of being present on the accounts and inquiries ; e.ff., the administration action may be brought by one of several residuary legatees, and' of course the others have also equal rights with him. In any such case he will direct them to be served with notice of the judgment, and any person, on being served with such notice, may by an order of course (m) obtain leave to attend the proceedings under the judgment. After they have been thus served, they are bound by the proceedings, just as much as if they had been parties to the action. If it is desired to serve notice of the judgment on an infant, an order must be obtained as to how service is to be eff'ected, and a copy (k) Daniel's Cli. Pr. p. 1222. (0 Ibid. p. 1223. (/») As to which see post, p. 109. Digitized by Microsoft® PROCEEDINGS IN CHAMBEKS UNDER THE JUDGMENT. 105 of such order served at the same time as serving the notice («). This concludes the ordinary proceedings in Cham- Conclusion of bers, and even at the risk of repetition it would seem oi'ii'?'"T y^o- well to again remind the student that this instance Chambers, we have gone through should be sufficient to supply him with a general knowledge of the proceedings in Chambers in working out any accounts and inquiries directed by any judgment. The inquiries and accounts may all be different in their nature, but still the steps are the same, the proceedings always concluding with the Chief Clerk's certificate. Before concluding this chapter, however, it seems Sales under the advisable to detail the proceedings in Chambers in the '^""i'- case of a sale under the Court, as this very often forms an important part of the working out of a judgment, as it may direct a sale of certain property (o). The peculiarities in a sale under the Court are Special points, mainly these : — The Chief Clerk first directs who is to have the conduct of the sale, and this will usually be the plaintiff's solicitor ; he appoints the day of sale, and directs in what newspapers advertisements of the sale are to be inserted (the Gazette is always one of the papers) ; he refers the abstract of title to one of the conveyancing counsel of the Court (p), whose duty it is to report on the title and prepare conditions of sale, and they are then approved of by the Chief Clerk ; the Chief Clerk then appoints some person to be the (») See hereon Daniel's Ch.Pr. pp. 358-364; Order xvi. r. 11 ; Griffith and Loveland's Pr. pp. 232, 233. (o) It has been considered best to notice this here, although it might have been treated of in Chap. III. as an interlocutory proceeding, as a sale may be directed by some interlocutory order. The proceedings however are in both cases identical, only if there is a separate order directing a sale a separate summons to proceed thereon must be issued first. When directed by a judgment the general summons to proceed will serve. (/)) As to these officers, see ante, p. 17. Digitized by Microsoft® 106 PEOCEEDINGS IN CHAMBERS UNDER THE JUDtrMENT. auctioneer, on an affidavit of his fitness, and on his giving security (usually a bond with two sureties), and settles his remuneration ; he then fixes the reserved biddings, being guided in so doing by the affidavit of a surveyor, and these reserved biddings are sealed up and delivered to the auctioneer, not to be opened until the time of the sale. After the sale the auctioneer makes an affidavit of the result of the sale, and from this the Chief Clerk makes his certificate thereof. The auctioneer pays the deposit received by him into Court, and the balance of the purchase-money is paid into Court by the purchaser under an order obtained by him by a day named in the conditions of sale ; after the payment in, the conveyance to the purchaser is executed and the matter completed.' If any disputes arise on the form of the conveyance they may be disposed of in Chambers in the action (§'). ((/) Daniel's Ch. Pr. pp. 1148-1187. Digitized by Microsoft® 107 CHAPTEE III. INTERLOCUTORY PROCEEDINGS. In Part II, Chapter IV., under the same heading as this chapter, various interlocutory proceedings have been dealt with which are applicable not only to the Queen's Bench, Common Pleas, and Exchequer Divi- sions, but equally to the Chancery Division — such, for instance, as discovery. The interlocutory proceedings mentioned in the present chapter are those that would more usually only occur in the Chancery Division. In the first place, it should be observed that every judgment directing accounts and inquiries always re- serves liberty to the parties to apply in Chambers as they may be advised ; but besides this, interlocutory applications maybe made before there is any judgment. Interlocutory applications are made either by petition, motion, or summons. A petition is a written applica- Petitio tion to the Court containing a statement of facts, and praying for a certain order. If to be heard before the Master of the Kolls, it is lodged with his secretary, and if before either of the Vice-Chancellors, with the Lord Chancellor's secretary. Every petition states at its foot the names of the persons on whom it is pro- posed to serve it, who are called the respondents. The petition being presented, the secretary writes on it a direction for the parties to attend on the day appointed for its hearing, which is called the fiat, and a copy of the petition with this fiat thereon is served on the solicitors for the respective respondents two clear days before the day appointed for hearing. Counsel are then instructed and it comes on to be heard in Digitized by Microsoft® 108 INTERLOCUTORY PROCEEDINGS. due course, when the Court makes such order as may be just (r). It is a rule that all unopposed petitions are heard prior to those which are opposed. Motions. -A. motion is an application made to the Court without any written statement. A notice of motion is served upon the other parties to the action two clear days before the intended motion, stating that on the day therein named counsel will apply to the Court for a certain order, the effect of which is shortly stated. Counsel are then instructed on both sides, and the motion is in due course made (s). A motion is sometimes made Ex parte ex parte, that is, on the application of one party without "" "'°' service of notice on any other party ; but this only occurs usually when the matter is of some very pressing nature. For instance, if an injunction is sought against some act, directly the writ is issued the plaintiff may apply e,r parte for an interim injunction until he has time to serve the defendant with notice of motion. An ex parte injunction will only be granted on affidavits shewing some very pressing case. All ex parte injunc- tions are necessarily interim or interlocutory injunc- tions ; in fact all injunctions granted otherwise than at the hearing of the cause are interlocutory in their nature, the perpetual injunction being granted at the hearing. When appii- There does not appear to be any fixed rule when an '^^^'.™*''^^j ^y application should be made by motion and when by when by petition, but it may be stated, as a general rule, that motion. when any long or intricate statement of facts is re- quired, the application should be by petition, whilst in other eases a motion is sufficient (t). Summons. A summons is a written application made in the Judge's Chambers. The summons being prepared, it is ()■) Daniel's Ch. Pr. pp. 1451-1461. (s) Ibid. pp. 1437-1451. (0 Ihicl. p. 1434. Digitized by Microsoft® INTEBLOCUTORY PKOCEEDIKGS. . 109 taten to the Judge's Chambers, where a day for its hearing is filled in and it is sealed. At its foot it is addressed to all necessary parties, and' must be served on the respective -solicitors two clear days before the day of hearing. It then comes on to be heard before the Chief Clerk in Chambers (m), when the solicitors appear before him and he deals with it. If any party is dis- satisfied with the Chief Clerk's decision on the summons, the Chief Clerk adjourns it to the Judge, who attends in Chambers on certain days for the purpose of hearing such cases, and he then deals with it, or he may adjourn it into Court to be there argued by counsel. Very many applications may equally be made by petition or sum- mons, it being a point of discretion whether the matter is of sufficient importance for a petition, e.g., applications for payment out of Court of money. Ordinary instances in which a summons would always be used, would be applications for time to deliver any pleading, or do any act required to be done, or applications for discovery. Orders made on petitions, motions, or summonses have Drawing up of to be drawn up in the same way as already pointed out "''"J^''^- as to a judgment («), except that in the case of an order on summons there are of course no briefs, nor has the Eegistrar been present. The Kegistrar is here furnished with the materials for drawing up the order from the Chief Clerk's indorsement on the back of the summons. Some orders also of an unimportant nature, such as orders for time, are drawn up in the Chief Clerk's Chambers without having recourse to the Eegistrars at at all. For some things orders are granted as of course, orders of These orders may be obtained by ex parte motion or '^""'■^e- petition of course, but the usual practice is by the petition, which is simply lodged with the secretary of (m) It is the practice in some of the Judges' Chambers to have summonses of a less important character heard before one of the junior clerks. (v) Ante, p. 96. Digitized by Microsoft® 110 INTERLOCUTORY PROCEEDINGS. Evidence on interlocutory applications. Interlocutory accounts and inquiries. Anticipatory judgments. the Master of the Eolls, and without any hearing the order is drawn up as asked. Instances of these orders of course are orders to tax solicitors' bills (w), orders for the appointment of guardians to infant defendants (sn), or orders for a married woman having a separate in- terest to defend separately from her husband (j/). Upon all interlocutory applications the evidence is by affidavit, which need not be confined to such facts as the witness is able of his own knowledge to prove, as is the case in affidavits at the hearing of the action (z), but statements as to the deponent's belief, with the grounds thereof, may be admitted. The Court or a Judge may, on the application of any party to an action, order the attendance for cross-examinai- tion of any person making any affidavit (a). Although, as has been shewn {h\ all necessary ac- counts and inquiries are ordered by the judgment, yet, for the sake of expedition, interlocutory accounts and inquiries may be directed, for the Court or a Judge may at any stage of the proceedings order any which appear necessary to be made or taken, notwithstanding that it may appear that there is some special or further relief sought for, or some special issue to be tried, as to which it may be proper that the action should proceed in the ordinary way (c). In addition, any party to an action may at any stage apply to the Court or a Judge for such order as he may upon any admissions of fact in the pleadings be entitled to, without waiting for the determination of any other question between the parties (d). Such an order is known as an anticipatory judgment. (w) Ante, p. 90. (xj Ante, p. 25. (y) lb. As to orders of course, see Daniel's Ch. Pr. i)p. 1 136-14.51. (■-) Ante, p. n:i. (ii) Order xxxvir. (6) Ante, p. 96. (r) Order xxxiii. (./) Order XL. r. 1 1 Digitized by Microsoft® INTEKLOCUTOKY PROCEEDINGS. Ill An application that is often made to the Court is Receiver, for the appointment of a receiver, e.g., to get in out- standing property, or receive the rents and profits of any property under the jurisdiction of the Court. Any receiver who is appointed has to give security, which it usually a recognizance with two sureties conditioned in double the amount of the outstanding property he has to get in, or double the amount of the annual rents he has to receive. The recognizance is made out to the Master of the Eolls and the senior Vice-Chancellor. The practice to obtain the appointment of a receiver is to apply to the Court by motion, supported by affidavit of the fitness of the person proposed to be appointed ; the recognizance is afterwards approved in Chambers. The duties of a receiver are to act accord- ing to what he is appointed for, and from time to time to pass his accounts (which are vouched in Chambers), and pay the balances into Court as directed by the order appointing him. When a receiver's duties are ended, the recognizance entered into on his appoint- ment should be vacated (e). Beyond the appointment of a receiver, an order may Preservation be made for the preservation or interim custody of" P'"°P'^'"'y- any property the subject of a pending action, or for it to be brought into Court or otherwise secured ; and if any property is of a perishable nature, or for other reasons it appears desirable, an order may be made for its sale (/). Applications for payment into Court are invariably Payment into made when a party has in his hands certain moneys, '^°^'''- the subject of the action. For instance, if an executor or administrator in his pleading admits that he has a certain sum in hand on account of the estate, the proper course is to at once take out a summons for payment of such sum into Court. The payment Mode of payment in. (e) As to receivers generally, see Daniel's Ch. Pr. pp. 1563-1618. (/) Order HI. rr. 1-3. Digitized by Microsoft® ]12 INTERLOCUTORY PROCEEDINGS. Investment. Certificate of fund. into Court is effected by lodging the order at the Registrar's office, where formal directions are given to the Bank of England to receive the money in accord- ance with the order. The directions are then taken to the Bank, and the money is paid in and duly carried to the credit of the action, or the credit of any particular account directed by the order, in the books of the Paymaster General. If the order does not direct an investment of the money, it is simply placed on deposit at the Bank ; but if an investment is directed, the order is, after the payment in, left at the Paymaster General's office and the investment bespoken. If in the course of an action evidence is required by any party to it, of what money is in Court, a certificate of fund may be obtained from the Paymaster General's office. Application If in any action brought to recover certain property lanTsets up'a ^hc defendant sets up a lien thereon for a certain sum - lien on pro- of money, the plaintiff may at once take out a sum- ^'"^ ^' mens to be at liberty to pay into Court, to abide the result of the action, the amount of such lien, and any further sum that may be directed for interest or costs, and that upon such payment in, the property may be given up to him (g). Ne exeat rer/no. An application is sometimes made for a writ of ne exeat regno. This is a writ which issues to restrain a person from going out of the kingdom without the license of the Sovereign or of the Court (h). It is, in general, issued only where the claim is of an equitable nature, e.g., to prevent a trustee from going abroad. To take this instance, if a cestui que trust has reason to believe that his trustee, who has not accounted to him, is going abroad without accounting, he may issue a writ against him for an account, and then immediately (i;) Order l.ii. r. 6. (it) Daniel'.s Ch. I'r. p. 15+8. Digitized by Microsoft® INTERLOCUTORY PROCEEDINGS. 113 apply to the Court ex f arte by motion for this writ, which will be granted on due cause shewn by affidavits {i). In the course of an action in this Division money is stop order, frequently paid into Court to be dealt with by the Court in the action, and when persons have successive interests in it, e.g., if the income of the fund is given to one for life, and then the corpus to some other person or persons, it usually remains in Court until the happen- ing of this ultimate event. In such cases it often happens that a beneficiary charges or disposes of his interest to some person, and, if so, to perfect the charge or disposition in his favour, he should obtain a stop order. This is an order preventing any fund in Court being paid out or otherwise dealt with without notice to the applicant. If the party against whose interest the stop order is desired consents, the applica- tion for it may be by summons in Chambers, but if not it must be by petition to the Court {j). If a plaintiff does not proceed with due diligence in Summons for prosecuting the accounts and inquiries in Chambers,"™''"'^'"' or generally in bringing the action to a conclusion, an application may always be made by any party to take the conduct of the proceedings away from him, and give -it to the applicant (h). If any person who is a ward of Court is desirous of Application contracting marriage, an application for leave to marry ^°^' ^f^^f^°'^, must be made. The application is made by petition, to marry. stating (1), the age of the ward ; (2), the nature and amount of his or her fortune j and (3), the contem- plated marriage, and the age, rank, position, and fortune of the person to whom the infant is proposed to be (t) Daniel's Ch. Pr. pp. 15.48-1562. (J) Ibid. pp. 1543-1547. A distringas, or a restraining order, cannot be treated of in this chapter, as they are, not intexdocutory proceedings in an action. As to them see post, Chap. V. pp. 131, 182. (i) Daniel's Ch. Pr. pp. 1082-1084. Digitized by Microsoft® 114 INTEELOOUTOBY PEOOEEDINGS, married, and praying for an inquiry whetlier the mar- riage is a proper one. The order made on the petition refers the matter to Chambers, where — the Chief Clerk being first satisfied of the fitness of the match — the settlements are considered, settled, and approved, and an order is ultimately made that on the execution of the settlements the parties be at liberty to marry (I). (T) Daniel's Ch. Pr.pp. 1206-1214. As to a petition under 18 & 19 Vict, c. 43, see post, p. 126. Digitized by Microsoft® 115 CHAPTEB lY. PKOCEEDINGa TO CONCLUSION. In Chapter II. of this part, the proceedings in Chambers under the judgment were considered to their conclusion, that conclusion being the Chief Clerk's certificate (m). We have now to consider the proceedings subsequent to this to their close. Every judgment directing accounts and inquiries to Further con- be taken and made, always reserves the further con- ^'i'^"''™. sideration of the action ; for it is evident that after served. the accounts and inquiries have been proceeded upon before the Chief Clerk in Chambers, and he has made his certificate, the cause must again come before the Court to be finally disposed of, for the Chief Clerk's certificate only certifies a number of facts, and it is for the Court subsequently to act on these facts as found by the Chief Clerk. This being so, it is manifestly of great importance that the Chief Clerk should have accurately certified the facts ; and that this should be so to the fullest extent, there exists the power of taking the opinion of the Judge on the certificate, or applying to vary it, as has been already detailed (n). The step to bring the action to a conclusion, is to Cause sat down on further consideration. set it down for final hearing, or, as it is called, for "" '''"■'her hearing on further consideration. At this hearing the practice is in general the same as on the original hearing (o), but no further evidence than the certificate (m) Ante, pp. 103-105. («) Ante, pp. 103, 104. (o) Ante, p. 96. I 2 Digitized by Microsoft® 116 PROCEEDINGS TO CONCLUSION. Judgment on further con- sideration. When cause cannot be finally dis- posed of. as to matters directly in issue in the cause will be received, but the Court will draw conclusions from statements in the certificate. Any matters not directly in issue may, if the Court thinks proper, be proved by affidavit (p). The Court will, when possible, give a final judgment on this hearing on further consideration, declaring the rights of the parties^ dealing with the whole property the subject of the action, and directing the taxation and payment of costs. In some cases, however, to at once finally dispose of the whole action is impossible, for there may be further matters necessary to be inquired into, and when this is so the action will be disposed of only as far as it can be up to that time ; any further accounts and inquiries that appear necessary pr ad- visable will be directed, and as to them the cause will stand in the same position as originally ; that is to say, these further accounts and inquiries will have to be proceeded with in Chambers ; a further Chief Clerk's certificate obtained; and there will be then another hearing on further consideration. Parties and And evcn although the action may not require any property re- further accouuts and inquiries, or any further actual maining under ■*■ . . "^ control of the hearing, yet in many cases it is necessary that the Court. Court should retain control over persons and property, e.ff., where there are infants, wards of Court, or where there is a fund in Court on which the dividends have to be paid to certain persons, and ultimately the corptis to others. In all such cases as this the judgment on further consideration reserves liberty to apply, so that on any point that may be necessary the parties may from time to time apply to the Court in the existing action. Hearing on further con- sideration as a short cause. An action may be heard on further consideration as a short cause under the same circumstances and in the (p) Daniel's Ch. Pr. pp. 1228, 1229. Digitized by Microsoft® PROCEEDINGS TO CONCLUSION. 117 same manner as has already been pointed out with regard to the original hearing (q). The judgment also, Drawing up, when pronounced, is drawn up, settled, passed, and -^j °^|,^j_ entered also in a similar manner (r). The next thing to observe on is the enforcement and Enforcement carrying out of the judgment. On further considera- out of "^'"^ tion, in some cases it may direct money to be paid j"cig™™t. by one of the parties, and the different modes of en- forcing such a judgment as this have already been pointed out (s) ; in other cases it may direct some act to be done by one of the parties other than payment of money, and here again the modes of proceeding have been pointed out {t), but the process of attach- ment for contempt of Court is, however, of more constant occurrence in this than in the other Divisions. An application for an attachment is made to the Attachment Court by motion, of wiich notice must be duly served ofVoTrt!'"^ personally upon the party sought to be attached. In support of the motion it must be shewn that the judg- ment or order directing the doing or non-doing of the act in respect of which the attachment is sought was served upon the person, or in some way brought to his knowledge, and that there has been a breach of it. Upon this contempt being shewn the party will, unless he can shew some good excuse, be committed to prison. How long he remains there is a matter of discretion with the Court, but he is usually allowed to clear his contempt by doing, or undertaking to do, or not to do, the act in question, as the case may be, and paying the costs incurred by his disobedience. This is called purging or clearing his contempt. In some cases there may be money in Court, which Dealing with is dealt with by the judgment on further consideration. q°^^J "" (9) Ante, p. 97. (f) Ante, pp. 96 (s) Ante, pp. 81 (J) Ante, p. 84. Digitized by Microsoft® 118 PKOOEEDINGS TO CONCLUSION. In such a case, if in cash, it may simply be directed to be paid to the party or parties entitled, or if invested in stock the stock may be directed to be transferred to such party or parties, or it may be directed to be sold, and the proceeds of such sale so paid. When cash in Court is directed to be paid out, a cheque is obtained by simply leaving the judgment or order at the office of the Pay- master General and bespeaking it, and it will be usually Identification ready after the lapse of two or three days. The party on leceiving ^ receive the money then attends with his solicitor, money out oi , "^ ' Court. who identifies him as the person named in the judgment or order, and he receives his cheque. Where stock is to transferred or sold, directions to this effect are be- spoken at the Kegistrar's office in the first instance, which is done by simply leaving the judgment or order there. The directions when obtained are taken, to- gether with such judgment or order, to the Paymaster General's office, and the transfer or sale is effected, and in this latter case a cheque obtained as above detailed. Costs. We have said that the judgment on further con- sideration usually deals with the question of costs. Sometimes by it the costs are directed to be paid by one of the parties, but in a very great number of cases they are ordered to be paid out of some fund in Court. The general subject of costs has already been considered (u), and it is not therefore necessary to add much here, but the student should be reminded that as there is not usually any issue tried by a jury in this Division, it is necessary for the Court to give a direction as to costs, and costs are in the discretion of the Court (v). Taxation. The proceedings to tax costs in this Division are of a more formal and lengthy character than in the Queen's Bench, Common Pleas, and Exchequer Divi- (i() Ante, Part 11. Chap. V. pp. 87-90. (») Order LV., auto, p. 87. Digitized by Microsoft® PEOCEEDINGS TO CONCLUSION. 119 sions (x), on account of the diflferent class of cases involved — a reason which indeed accounts for nearly- all differences in practice in the Divisions — for, as a Chancery action generally necessarily lasts much longer than one in the other Divisions, and naturally the bills of costs therefore are usually much heavier, it is unfortunately impossible that they can be dis- posed of in the same summary way as they can be there (y). The proceedings to taxation in the Chancery Divi- Proceedings on sion are as follows : — The plaintiff's solicitor certifies on ta^fation- the original judgment or order directing taxation that it has not already been referred to any Taxing Master, and leaves it with one of the Taxing Masters, who is called the sitting Master of the day. He refers it to one of the Taxing Masters for taxation, and in any future taxation of costs in the same action no fresh reference is necessary, but it will take place before the same Master. The- solicitor then leaves a copy of the judg- ment with the Taxing Master, and informs the dif- ferent solicitors who he is. The solicitors then pre- pare and leave their costs, with all necessary vouchers, and on leaving them a memorandum of their being left, called a warrant on leaving, is issued and served Warrant on on the other solicitors. All the biUs to be taxed ''*™»g- being left, the plaintiff's solicitor procures an appoint- Warrant to ment and issues a warrant to tax, being a memorandum **^' (x) As to which, see ante, p. 89, (y) The Author cannot, however, help observing that the time often — in fact usually — taken to tax solicitors' bills in Chanceiy taxing offices is much to be regretted. He does not mean simply because solicitors are delayed in getting payment, but because thereby suitors are very often seriously delayed and injured. For instance, the costs of an action may be directed to be taxed and paid out of a fund in Court, and the residue paid to the party or parties entitled thereto. Of course this residue cannot be ascertained and paid until the costs are taxed, and the taxation sometimes takes months, as through pressure of basiness the Taxing Master to whom the taxation is referred may be unable to give any appointment to tax the bills for some considerable time. This state of things is no doubt only to be remedied by the appointment of additional Taxing Masters, and it is to be hoped the necessity of doing so will soon be fully recognised. Digitized by Microsoft® 120 Certificate of taxation. Reviewing taxation. PBOCEEDINGS TO CONCLUSION. containiug a note of the appointment, and this is served on the other solicitors. The appointment is then attended, and the bills being taxed and completed, the Master gives his certificate of taxation, in vsrhich he certifies what is the amount of each party's costs. If these costs are ordered to be paid out of a fund in Court, the judgment and the certificate of taxation are taken to the Paymaster General's office, and the cheques bespoken and received in the ordinary way. If any party is dissatisfied with the taxation of the costs he is entitled to bring the point before the Court or a Judge at Chambers. The course to obtain this review of the taxation is to carry in objections in writing to the Taxing Master before he gives his cer- tificate, and afterwards, when the certificate is filed, to take out a summons for an order to review (z). County Courts jurisdiction. It should be noticed that the County Courts have a general jurisdiction in matters of an equitable cha- racter, where the matter in dispute does not exceed £500 in value. They have, however, no jurisdiction to entertain an action for an injunction, though they may grant an injunction as incidental to other matters in which they have jurisdiction (a). There is no absolute rule that because the matter in dispute does not exceed £500 proceedings should be brought in the County Court. (a) Daniel's Ch. Pr. pp. 1317-1319. (a) 28 & 29 Vict. c. 99 ; 30 & 31 Vict. c. 142, s. 9 ; 31 & 32 Vict, c. 40, s. 12. As to tlieir jurisdiction in matters coming within the Queen's Bench, Common Picas, and Exchequer Divisions, see ante, p. 88. Digitized by Microsoft® 121 CHAPTEE V. OF CERTAIN SPECIAL PROCEEDINGS. It has been stated (6) that in some cases proceedings may be commenced by petition, ilaotion, summons, and special case. These require to be noticed, as also do one or two other special proceedings. A petition, when dealing with it as an interlocutory Petitions. proceeding, we defined as a written application to the Court containing a statement of facts and praying for a certain order (c). The same definition is equally applicable to a petition as a means of commencing proceedings, except that here it is specially allowed by the provisions of some statute. A petition under the statutory jurisdiction of the Court is intituled or headed in the matter of the Act of Parliament under which the petition is presented, and also in the matter of the particular, trust, or pro- perty, or person to which it relates (d). As has already been stated with regard to interlocutory petitions (e), if the petition is to' be heard before the Master of the EoUs it is lodged with his secretary, and if before either of the Vice-Chancellors with the Lord Chan- cellor's secretary. Every petition states at its foot the names of the persons on whom it is proposed to serve it, and they are called the respondents. The petition being presented, the secretary writes the fiat (/) on it. (b) Ante, p. 92. (o) Ante, p. 107. Id) Daniel's Cli. Pr. i>, 1452 (c) Ante, p. 107. (/)Ante,p. 107. Digitized by Microsoft® 122 OF CERTAIN SPECIAL PB0CEEDING8. The petition is not usually signed by counsel. If any parties to it are under disability, the same rules apply as in the case of parties to an action being under disability. Service of Service of the petition is effected by delivering to the petition. person to be served a true copy of the petition with the foot-note and the fiat thereon, and at the same time shewing him the original {g). The rules generally as to service of a writ in an ordinary action apply to service of a petition Qi). At least two clear days must elapse between the service of the petition and the day ap- pointed for its hearing ; and generally the same rules apply as to the hearing and subsequent drawing up and perfecting of the order as have already been detailed in considering interlocutory petitions' (i). We will now proceed to notice some particular in- stances of proceedings commenced by petition under the Statutory Jurisdiction of the Court : Legacy Duty 1. Petitions under the Legacy Duty Act (J). — Where *^'' any person who is an infant or beyond seas is entitled to any legacy or the residue of any personal estate charge- able with legacy duty, the executor or administrator may, after deducting the duty, pay or transfer the same into Court to the account of the person or persons for whose benefit the same is so paid or transferred. The money paid in is invested and the dividends accumulated. The person or persons entitled may obtain payment out of Court by an ex parte petition in a summary way on proper proof of identity; and if paid in on account of infancy, on proof also of having attained full age. The payment into Court under this (7) Daniel's Cli. Pr. p. 1455. (A) Ante, pp. 31-34. (0 Ante, pp. 107-109. (J) 36 Goo. 3, ^. 52, Digitized by Microsoft® OF CERTAIN SPECIAL PEOOEEDINaS. 123 Act of a legacy belonging to an infant does not consti- tute the infant a ward of Court {k). The application may, instead of being by petition, be by ex parte motion, or if the sum paid or transferred into Court does not exceed £300 cash or £300 stock it may be by ex parte summons at Chambers. 2, Petitions under the Lands Clauses Consolidation Petitions under Act, 1845 (O.-Prior to this Act eyery company au- SiSr thorized by Act of Parliament to acquire lands for Act, 1845. undertakings or works of a public nature included in its special Act the powers and provisions which were necessary to enable the company to take such lands ; but by this Act the usual provisions were consolidated therein, and were made applicable to all future under- takings authorized by statute, except so far as they might be varied or excepted by the special Act (m). The special particular in which we require to notice this Act is in the case of land being taken in which persons who are under some disability are interested. In such cases the value of the property is arrived at by two surveyors, one nominated by the promoters of the undertaking and the other by the other party, and if they differ, by a third surveyor appointed by two jus- tices on the application of either party after notice to the other. The amount of the purchase-money being thus as- Dealing with certained, it is paid into the Bank with the privity of ™°"«y- the Paymaster General of the Court, and placed to a proper account there, and invested in consols until it can be applied to one of the following purposes, viz. : — (1) the purchase or redemption of the land tax, or dis- charge of any debt or incumbrance affecting the land in (S) Daniel's Ch. Pr. pp. 1911-1914. (/) 8 & 9 Vict. c. 18, amended by 23 & 24 Vict. c. 106. (m) Daniel's Ch. Pr. p. 1861. Digitized by Microsoft® 124 0]? CEBTAIN SPECIAL PEOCEEDINGS. respect of which the money has been paid, or affecting other land settled to the same uses or trusts ; (2) in the purchase of other lands to be settled to the same uses or trusts ; (3) if the money is in respect of any buildings, in removing or replacing such buildings, or substituting others in their stead ; or (4) in payment to any person becoming absolutely entitled. Instances of Petitions under this Act are frequent, for — the money thh^Act."" "'being simply paid into Court as above-mentioned, — at first, perhaps, a temporary investment may be re- quired, then another investment, and finally payment out of Court to the person absolutely entitled. To ac- complish each of these objects, different petitions have to be presented, and the costs of all such petitions, if proper under the circumstances, fall upon the company. Course where It should be mentioned that if the purchase-money purchase- ^^gg j^q^j amount to £200, instead of being paid into money under . . . a i. £200 and £20 Court as just mentioned, it may be paid to two trustees respectively. ^^ ^^ nominated on behalf of the persons entitled in the manner pointed out by the Act, and if the money does not exceed £20 it may instead be paid to the husband, guardian, committee, or trustee of the person entitled to the rents and profits of the lands taken. Trustee Relief 3. Petitions under the Trustee Belief Acts, 1847 and Acts, 1847 and 1849 (w).— The objoct of these Acts is to afford to per- sons standing in the position of trustees a means, in the event of disputes arising, as to who is entitled to trust funds held by them, of determining the point with- out running the risk they would necessarily do in pay- ing the money over simply on their own judgment. Payment into The coursc to be taken under these Acts is for the Court. trustee seeking relief to file an affidavit giving his name and address, and an address for service, particu- (n) 10 & 11 Vict. i;. 96; 12 & 13 Vict. c. 74. Digitized by Microsoft® OP CEETAIN SPECIAL PROCEEDINGS. 125 lars of the trust funds, a short description of the trust, the names and descriptions of all persons interested to the best of his knowledge, and submitting to the jurisdiction of the Court. If it is deemed unnecessary to have the money invested in the meantime, the affidavit should also contain a statement to that effect, other- wise, on payment into Court, it will be invested. On production of an office copy of this affidavit, the money or stock may be paid or transferred into Court without any order for that purpose. If there are several trustee's, the payment or transfer in may be made by the majority of them, and -if- any difficulty arises through the disagreement on the point of payment or '< transfer into Court, where there are several trustees the Court may order it to be done on the petition of the major part of the trustees. Any person who be- comes by force of circumstances a trustee, is a trustee within the meaning of these Acts, and may take ad- vantage of their provisions, e.ff., a mortgagee who has sold under his power of sale, and has a balance in his hands after payment of his principal, interest, and costs. The payment or transfer into Court having been Notice of made, notice is given by the trustee to the different tran™fcr*into persons mentioned in his affidavit. One or more of Court, these persons then presents a petition asking for the Petition. fund to be dealt with and disposed of as he contends it should be ; this petition is served on the trustee and all persons interested, and in due course comes on to be heard, when the matter is disposed of. It is usual for a trustee paying money into Court under these Acts to deduct therefrom, in the first in- stance, the costs of his so doing (o). 4. Petitions under the Trustee Acts, 1850 and 1852 (p). Trustee Acts ! - 1850 and 1852. (o) See hereon Daniel's Ch. Pr. pp. 1784-1797. (p) 13 & 14 Vict. c. 60, and 15 & 16 Vict. u. 55, which are to be construed as one Act. Digitized by Microsoft® 126 OF CERTAIN SPECIAL PROCEEDINGS. Under these Acts a petition may be presented for the appointment of new trustees, and for the vesting of any property in them, or simply for an order vest- Vesting order, ing any property in any person, called a vesting order. Any petition for the appointment of new trustees must be supported by evidence shewing the willingness of the intended new trustee to act, and of his fitness. The former point is proved by the verification of his written consent, and the latter point by the evidence of some person acquainted with him. The affidavit of fitness must not be made by the solicitor of any of the parties. In addition to this, the nature of the trust, the persons interested in it, and the reasons of the ap- plication, have to be shewn by affidavit {q). Any order made under these Acts dealing with a legal estate is liable to the same stamp duty as would have been payable if the same matter had been by deed. Infants 5. Petitions under the Infants Marriage Settlement Settlement ^^^ (*")• — Under this Act, on petition, a binding mar- Act, riage settlement may be allowed by the Court, in the case of a male infant at the age of twenty years, and in the case of a female infant at the age of seventeen years. The statute does not extend to powers of ap- pointment as to which it has been expressly declared that they shall not be executed by an infant, and in case of any appointment under a power, or any dis- entailing assurance executed by an infant under this Act, it only takes effect if he afterwards attains full age. On the hearing of the petition the matter is referred to Chambers, the proceedings being much the same in detail as have already been given in the case of the marriage of an infant ward of Court (s). If the infant, however, is not a ward of Court, the Court is not (7) nanic)'s Oh. Pr. pp. 1798-1832. (r) 18 & 19 Vict. .;, 4.'). (s) Ante, p. 113. Digitized by Microsoft® OF CEBTAIN SPECIAL PKOCEEDINQS. 127 bound to inquire into the propriety of the proposed marriage, but only into the propriety of the proposed settlement ; however, what would be a proper settle- ment in any particular case must necessarily often lead to an inquiry of all the circumstances connected with the proposed marriage (<). 6. Petitions for the Opinion of the Court under Lord Petitions for Si. Leonards' Act (u). — Under the provisions contained cd-t" "^ in this Act any trustee, executor, or administrator may apply for the opinion, advice, or direction of the Court on any question touching the management or administration of the trust property or the assets of the testator or intestate. The petition is served on all persons interested, and if the trustee, executor, or ad- ministrator acts upon the opinion, advice, or direction given, that exonerates him from further responsibility, unless he has. been guilty of any fraud, wilful conceal- ment, or misrepresentation in obtaining such opinion, advice, or direction. Questions of construction cannot be decided by a Scope of such petition under this provision ; it is confined to matters P^''*""'^- of administration (aj). A petition under this Act re- quires to be signed by counsel. The application, instead of being by petition, may be a summons in Chambers founded on a written statement of facts, which statement must be signed by counsel. 7. Petitions under the Leases and Sales of Settled Petitions under Estates Act (y).— Petitions may, under this Act, be pre- safeTof Settled sented for the purpose of getting a lease or a sale of Estates Act. a settled estate which could not otherwise be leased or sold on account of its being in settlement. The student is referred to the Act itself. (0 Daniel's Ch. Pr. p. 1213. («) 22 & 23 Vict. c. 35, s. 30, amended by 23 & 24 Vict. c. 38, s. 9. (x) Daniel's Ch. Pr. p. 1943 (!/) 40 & 41 Vict. u. 18. Digitized by Microsoft® 128 OP CERTAIN SPECIAL PEOCEEDINGS. Winding up of 8. Petitions to wind up Oompanies imder the Companies companies. ^^^^^ 1862 and 1867 («). — There are various grounds for presenting petitions praying that a company may be Grounds for Ordered to be wound up, viz : (1.) That the company has petition. specially resolved to wind up under the jurisdiction of the Court ; (2.) That it has not begun, or has suspended business for a year ; (3.) That its members are reduced to less than seven ; (4.) tThat it is unable to pay its debts ; and (5.) It may be ordered to be wound up if it can be shewn to the Court that it is just and equitable that it should be wound up (a). The petition to wind up being presented must be advertised seven clear days before the hearing, once in the London Gazette, and if the company's registered office is within ten miles of Lincoln's Inn Hall, once in the London daily morning newspapers, or if not within this distance, then once in two local newspapers of the district. At the hear- ing of the petition, the necessary facts l)eing proved, and no satisfactory cause shewn to the contrary, the order to wind up is made. Any creditors or share- holders are entitled to appear on the hearing of the petition, and if the order to wind up is made, and they have supported the winding-up, they get their costs out of the company's assets ; if the order is refused, then those creditors or shareholders who have opposed the winding-up of the company get their costs against the person or persons presenting the petition. Every separate shareholder or creditor who appears does not get a separate set of costs, but one set of costs only is allowed for shareholders, and one set of costs for creditors. Proceedings The Order to wind up having been made and duly ' ft^''*'d''*'to ^^^''^^ ^P' pS'Ssed, and entered, it is carried into Cham- wind up. bers and an official liquidator is appointed by the Chief Clerk. His duties are to get in the company's assets (?) 25 & 26 Vict. c. 89, and 30 & 31 Vict. c. 131. (a) 25 & 26 Vict. c. 89, s. 79 ; 30 & 31 Vict, u. 131, ss. 40, 41. Digitized by Microsoft® OF CERTAIN SPECIAL PEOCEEDINGS. 129 and generally to. act in bringing the administration thereof to a close (h). With regard to unpaid calls, he brings into Chambers two lists of persons who are liable thereon, who are called contribntories. These lists are styled respectively the A list and the B list ; the A list containing the names of those shareholders who are members of the company at the date of the order to wind up, and the B list containing the names of those who were not then members but who, had not ceased to be members for one year prior to the date of the winding-up order, and to these latter recourse can be had if, after exhausting the liability of the former, there are still debts or liabilities of the company undischarged. The shareholders in the B list are not, however, liable for debts of the company contracted after they ceased to be members (e). The definition already given of a motion, when treat- Motions. ing of it as an interlocutory proceeding, viz., an ap- plicatioa made to the Court without any written state- ment (d), — is equally applicable to a motion as a means of commencing proceedings. However, such a motion is not of constant occurrence ; an instance of it would occur in the enforcing of an agreement for the re- muneration of a solicitor under the Solicitors' Eemu- neration Act, 1870 (e). A summons we have previously defined as a written SuTimonsPs. application made in a Judge's Chambers (/), which definition is equally applicable to a summons as a mode of commencing proceedings. Summonses originating proceedings are issued in the usual way, except that in addition a duplicate must be filed at the Eecord and Writ Clerk's Office, and a sealed copy of the sum- (6) See his powers detailed in 25 & 26 Vict. u. 89, s. 95. (c) 25 & 26 Vict. c. 89, s. 38. (d) See ante, p. 108. (e) 33 & 34 Vict. u. 28, s. 8. (f) Ante, p. 109. E Digitized by Microsoft® 130 OF CERTAIN SPEOIAL PROOBEDINGS, summons. mons must be served. This service must be made seven clear days before the day of the return of the summons. There are two very important cases of summonses originating proceedings which we will now notice. Administration 1. Summonses for the Administration of the Estctie of deceased Persons {g). — An originating summons for this purpose may be issued by any person claiming to be interested either as creditor, legatee, or next of kin, against the executor or administrator for the adminis- tration of the personal estate of the deceased, or of any real estate devised to trustees in trust to sell. The summons is intituled in the matter of the deceased person, and between the applicant as plaintiff and the executor or administrator as defendant. The hearing takes place in Chambers, and on account of this the proceedings are usually less expensive and more ex- peditious than a regular action for the purpose. This mode of proceeding can only be had recourse to in simple cases, and provided there is no special or peculiar relief sought, e.g., an executor or adminis- trator could not be charged with wilful default on such a summons Qi). Guardianship and maintenance summons. 2. Swmmonses for Guardianship and Maintenance («). — The object of such an application as this is to have a guardian appointed to some infant, and to obtain an allowance for the infant's support. The summons is intituled in the matter of the infant, and is disposed of at Chambers. In support of it, evidence must be given of the age of the infant ; the nature and amount of his fortune and income; what relations he or she has, and the fitness of the proposed guardian (Zc). Special case. A SjoBcial cttsc, as a mcaus of commencing pro- (ff) 15 & 16 Vict. c. 86, s. 45. (A) Daniel's Ch. Pr. pp. 1071-1076. (i) 15 & 16 Viot. 0. 80, s. 26. (A) Daniel's Cli. Pr. pp. 1189-1206. Digitized by Microsoft® OP CERTAIN SPECIAL PROCEEDINGS. 131 ceedings, is rarely used. It occurs wliere the parties are agreed on the facts, and simply want a declaration of the Court on a point of law, and nothing beyond this. It is allowed under the Statute 13 & 14 Vict. c. 35 (I), A writ of distringas is a writ issued for the purpose Distringas. of restraining the transfer of some fund not in Court, or the payment of the dividends thereon (m). It does not only apply to stock in the Bank of England, but in any other public company (n), It m^j be issued ont of any office in London where writs of summons are issued (o). The mode of obtaining this writ is for the applicant Mode of > to make an affidavit specifying the particular fund, and <'''**'°i°e- in whose name it is standing, and upon this the writ issues. It is then served on the Bank of England or other public company, together with a notice that its object is to prevent the transfer of the stock therein mentioned, and the payment of the dividends thereon, or as the case may be. The effect of the distringas is not absolutely to pre- Effect of vent any dealing with the stock in question, but that, '*'^*""sa»- on any application being made to deal with it, notice is given to the person who has issued the distringas. If that person does nothing further within eight days, the distringas no longer has any effect, but within this period such person may commence an action, and in it obtain an injunction against dealing with the stock in question (p). A restraining order is closely allied to a distringas. Restraining It is an order obtained ex parte on motion or petition ™ ^''' (l) Scie hereon Daniel's Ch. Pr. pp. 1701-1711. As to a special case stated in the course of an action, see ante, p. 68. (»s) 5 Vict. 0. 5, s. 5. (n) Daniel's Ch. Pr. p. 1540. (o) Order XLVi. r. 2. (p) See Daniel's Ch. Pr. pp. 1S40-1643. J? 2 Digitized by Microsoft® 132 OF CERTAIN SPECIAL PROCEEDINGS. in a summary way, without any regular action being commenced, on evidence that the applicant is interested in a certain fund in the Bank of England or other public company, and that it is about to be wrongfully dealt with. It has the same effect as an injunction, but is only intended for interim purposes, and an action should afterwards be commenced, and an injunction obtained therein in the ordinary way. There does not therefore seem to be much, if any, object to be gained by apply- ing for a restraining order, but it is better to at once commence an action, and apply therein for an injunc- tion (2). (?) 5 & 6 Vict. c. 5, o. 4. Daniel's Ch. Pr. pp. 1537-1540. Digitized by Microsoft® 133 PART IV. OF APPEAL. CHAPTEE I. APPEALS TO HBB MAJESTY's COUBT OF APPEAL (a). All appeals to Her Majesty's Court of Appeal from Time for interlocutory orders must be brought within twenty-one ^pp'^'^S- days, and appeals from other orders within one year, unless special leaye is given to bring the appeal after these times (b). The time for appealing from any order or decision made or given in the matter of the winding- up of a company under the provisions of the Companies Acts 1862 and 1867 ; or any order or decision made in the matter of any bankruptcy ; or in any matter not being an action (c), is the same as the time limited for appeal from an interlocutory order (d). Where an ex parte application to the Court below has been made and refused, an application to the Court of Appeal for a similar purpose must be made within four days from the date of such refusal (e). Leave to bring an appeal after these times will only be granted on shewing some special circumstances (/). The period within which to appeal is calculated from the time at which the judgment or order is signed, entered, or otherwise per- (o) As to the constitution, &o of the Court, see ante, pp. 14, 15. (6) Order LVlii. r. 15. (c) As to such matters, see ante, Part. III. Ch. V. (d) Order LVIII. r. 9. (e) Ibid. r. 10. (/) Griffith and Loveland's Pr. p. 466. Digitized by Microsoft® 134 APPEALS TO HER MAJESTY's COUKT OF APPEAL. fected ; or, in the case of the refusal of an application, from the date of such refusal {jg). Mode of appealing. Length of appeal notice. Setting down. Appeals take place by way of re-hearing, and are brought by notice of motion in a summary way, and no petition, case, or other formal proceeding, except such notice of motion, is necessary. The notice of motion specifies whether the whole or part only of the judgment or order in question is appealed from, and in the latter case specifies such part (h). This notice of appeal — which is a fourteen days' notice if the appeal is from a judgment, and a four days' notice if from an interlocutory order (i) — must be served upon all parties directly afiected by the appeal, and it is not necessary to serve parties not so affected ; but the Court of Appeal has power to direct notice of the appeal to be served on all or any of the parties to the action or other pro- ceeding, or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal. Any notice of appeal may be amended by leave {h). The party appealing is called the appellant, and the party against whom the appeal is directed, the respondent. The notice of appeal having been given, the appeal must be set down for hearing. This is done by pro- ducing to the proper officer of the Court of Appeal the judgment or order appealed from, or an office copy thereof, and leaving with him a notice of the appeal to be filed ; the officer then sets down the appeal in the list, and it comes on in its proper order to be heard (Z). tinder ordinary circumstances, no deposit has to be made, or security given, on appealing ; but a deposit or other security for the costs to be occasioned by any (g) Order Lvm. (A) Ibid. r. 2. (0 Ibid. r. 4. (*) Ibid. r. 3. (0 Ibid. r. 8. 1,1. Digitized by Microsoft® APPEALS TO HER MAJESTy's COURT OF APPEAL. 135 appeal may, under special circumstances, be directed by the Court of Appeal (m). Any application asking for a deposit or other security from the appellant, should be made immediately on receiving the notice of appeal ; and as to what will constitute " special circum- stances " for the Court to make such an order, the fact of the appellant being out of the jurisdiction of the tjourt, or in an insolvent state, or in a state of poverty, may be sufficient. However, of course, what will or will not in particular cases amount to "special cir- cumstances " is a matter in the discretion of the Court (n). It sometimes happens that in some points the re- No notice of spondent to an appeal is also dissatisfied with the njcessaiT^*^ judgment or order in some particular. In such a case it is not necessary for him to give notice of motion by way of cross appeal,' but if he intends, upon the hearing of the appeal, to contend that the decision of the Court below should on any point be varied he must, if the appeal is from a final judgment, give an eight days' notice, and if from an interlocutory order, a two days' notice of such his intention to any parties who may be affected by such contention, and the whole matter can then be dealt with at the hearing (o). An appeal is sometimes only on a point of law, but Evidence on sometimes it is on a matter of fact. When any *^''°* ' question of fact is involved in an appeal it is, unless some special order otherwise is made, brought before the Court of Appeal thus: (1.) As to any evidence taken by affidavit, by the production of printed copies of such of the affidavits as have been printed and office copies of such of them as have not been printed. Any evidence by affidavit not printed in the Court below (m) Order LViil. r. 15. (n) See various instances of applications for security on appeals, Griffith and Loveland's Pr. pp. 466-468. (o) Order Lvm. rr. 6, 7. Digitized by Microsoft® 136 APPEALS TO HEB MAJESTY S COUBT OF APPEAL, New evidence on appeal. Amendment. Hearing of may be ordered to be printed for the use of the Court of Appeal, and should not be printed without such order. (2.) As to any evidence given orally, by the production of a copy of the Judge's notes or such other materials as the Court may deem expedient (p). The Court of Appeal is not necessarily restricted to the evidence used in the Court below, but has full discretionary power to receive further evidence upon questions of fact, such evidence to be either by oral examination of witnesses in Court, by affidavit, or by deposition taken before an examiner or commissioner. Such further evidence may be given without special leave upon interlocutory applications, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought. Upon appeals from judgments after trial of any cause or matter upon the merits, further evidence (except as to matters subsequent as just mentioned) is only admitted by special leave of the Court, which is only granted on shewing some special grounds (q). The Coiirt of Appeal has all powers as to amendment or otherwise in the same way as the Court below (r). The appeal comes on in due course to be heard. Where the subject matter of it is a final order, decree, or judgment, the hearing must be before not less than three Judges of the Court sitting together, but when the subject matter of the appeal is an interlocutory order, decree, or judgment, the hearing may be before two Judges of the Court sitting together, and if any doubt arises as to what judgments, decrees, or orders are final and what are interlocutory, the point is de- termined by the Court of Appeal (s). No Judge of the (p) Order LVlli. rr. 11, 12. (7) Ibid. 1. 5. (r) Ibid, .(s) Jud, Act, 1875, s. 12. Digitized by Microsoft® APPEALS TO HEK MAJBSTy's COURT OP APPEAL. 137 Court of Appeal may sit as a Judge on the hearing of any appeal from any judgment or order made by him- self or by any Divisional Court of the High Court of which he was a member {t). However, a Judge has been held to be competent to take part in an appeal from a Divisional Court of which he is a member on a case in which he was not one of the sitting Judges when it was heard in the Division (m). On the ar- gument of the appeal two counsel on each side are allowed to be heard (x). The Court finally gives its decision, either dismissing the appeal, or discharg- ing or varying the judgment or order complained of, and it has full power to make such order as to the Costs on whole or any part of the costs of the appeal as may *^^°* ' seem just (y). In any cause or matter pending before the Court of incidental Appeal any direction incidental thereto, not involving appeal" °° ''° the decision of the appeal itself, may be given by a single Judge of the Court of Appeal; and a single Judge of the Court may at any time during vacation make any such interim order as he may think fit to prevent prejudice to the claims of any parties pending an appeal ; but every such order made by a single Judge may be discharged or varied by the Court (z). An appeal does not of itself stay execution or other staying proceedings under the decision appealed from ; for it ^^^^^t'o"- to have this effect application must be made to the Court appealed from or any Judge thereof, or to the Court of Appeal. Any application for a stay of execu- tion or other proceedings should be made in the first instance to the Court below (a), and any such applica- tion cannot be made ex joarte, but only on notice to the («) Jnd. Act, 1875, 5. 4. («) Griffith and Loveland's Pr. pp. 73, 74. (a) Ibid. p. 456. (y) Order LVili. r. 5. (4 Jud. Act, 1873, s. 52. (a) Order LVIII. rr. 16, 17. Digitized by Microsoft® 138 APPEALS TO HER MAJESTY's COUET OP APPEAL, other side, and, as a general rule, if the order is made the applicant will be put under terms (b). Orders not Orders made by consent, or as to costs only, which subject to are by law left to the discretion of the Court, are not subject to appeal, except by special leave of the Court or Judge making such order (e). Bills of The old processes of appeal by bills of exception exception and g^jj^ proceedings in error are abolished, and do not proceedings in . . , error. require any notice here. Enrolment. Under the old practice the enrolment of a decree or order in Chancery prevented any appeal except to the House of Lords. There is, however, now no object gained by the enrolment, for the powers of the Court of Appeal are specially vested in it by the Judicature Act, 1873 (d). (6) Griffith and Loveland's Pr. p.;469. (c) Jud. A.ct, 1873, s. 49. See hereon Griffith and Loveland's Pr pp. 70, 71. (d) Sect. 19. Digitized by Microsoft® 139 CHAPTEE II. APPEALS TO THE HOUSE OF LORDS (e). Evert appeal to the House of Lords is brought by way Mode of of petition, praying that the matter of the order or app«ai'°g *" •3 ill • 1 1 • 1 -I n House of judgment appealed against may be reviewed before Lords. Her Majesty in her Court of Parliament (/). A form of petition is given by the Orders of November, 1876, under the Appellate Jurisdiction Act (39 & 40 Vict. c. 59), and it must be signed by two counsel, who have either attended as counsel in the Court below, or pur- pose attending as counsel at the hearing in the House . of Lords, and they must certify that in their opinion it is a proper case to be heard before the House (ff). The time limited for presenting petitions to the House is within one year from the date of the judgment or brder appealed from (h). The appeal is printed on parchment, and duly lodged Presentation of in the Parliament office for presentation to the House, »??«»•> *<=• and an order is issued thereon for service on the re- spondents or their solicitors, ordering them to lodge cases in answer to the appeal, which order must be returned to the Parliament office, together with an affidavit of service, within six weeks' time, or, in the case of Irish and Scotch appeals, within eight weeks' time (*). (e) As to origin and present constitution of the House of Lords, see ante, pp. 19, 20. (/) 39 & 40 Vict. c. 59, s. 4. (3) Standing Order 2. (K) Ibid. 1. (j) Standing Order 3, and Orders of November, 1876, under Appellate Jurisdiction Act. Digitized by Microsoft® 140 APPEALS TO THE HOUSE OF LOBDS. Security. Within one week after the presentation of the ap- peal, security must be given for the costs of it. The security consists of the appellant's own recognizance, and the payment in by him to the account of the Fee Fund of the House of Lords of the sum of £200, or, instead of that payment, the giving of a bond of two sufficient sureties to the amount of £200. In the event of this latter mode of security being adopted, two clear days' previous notice of the names proposed must be given to the solicitor or agent of the respondent. The recognizance and bond must be returned into the Parliament office, duly executed, within one week from the date of their having issued to the solicitor or agent of the appellant. On default by the appellant in com- plying with the above requirements, the appeal stands dismissed (Jc). Printed cases. The appeal having been lodged, the order served, and the security given, the next step is the lodging by the parties of their cases in the Parliament office. These cases contain the different parties' statements, and must be printed ; in English appeals they must be lodged within six weeks from the date of the pre- sentation of the appeal, and in Scotch and Irish cases within eight weeks. The cases must be signed by one or more counsel, who have attended as counsel in the Court below, or who purpose attending as counsel at the hearing in the House (Z). If the parties are able to agree on their statement of the subject matter, a joint case may be lodged, with reasons pro and con. In addition to the printed cases or case, a printed ap- pendix, or printed appendices, also have to be lodged, consisting of such documents or parts thereof used in evidence in the Court below, as may be necessary for reference on the argument of the appeal (m). (A) standing Order 4. (I) Ibid. 5. (»t) Orders of November, 1876, under Appellate Jurisdiction Act. Digitized by Microsoft® APPEALS TO THE HOUSE OF LORDS. 141 K any respondent is dissatisfied with the judgment Cross appeals. or order complained of by the appellant, he must, within the time above noticed for lodging his case, present a cross appeal («). The appeal is set down for hearing on the first Setting down sitting day after the expiration of the time allowed for " *''^'* ' the respondent to lodge his case, or as soon before, at the option of either party, as all respondents' cases have been lodged. On default by the appellant, the appeal stands dismissed (o). The appeal in due course comes on to be argued, and Hearing and is disposed of by the decision of the House, which may appeal. make an order as to payment of costs, and provision is made for the taxation of such costs. (n) Standing Order 6. Orders of November, 1876, under Appellate Jurisdiction Act. (o) Standing Order 5. Digitized by Microsoft® 142 CHAPTEE III. APPEALS FEOM INFERIOR COURTS. Appeals to be to Divisional Courts. Appeals from inferior Courts, which might, under the old practice, have been brought to any Court or Judge whose jurisdiction is now transferred to the High Court of Justice, may be heard by Divisional Courts of the High Court, and the determination of such appeals by such Divisional Courts is final, unless special leave to appeal from the same to the Court of Appeal is given by the Divisional Court by which any such appeal from an inferior Court has been heard (ja). Every Judge of the High Court for the time being is a Judge for the purpose of hearing and determining these appeals as just mentioned. All such appeals (except Admiralty Appeals, which are assigned to the Ad- miralty Division) are entered in one list by the officers of the Crown office, and are heard by such Divisional Court of the Queen's Bench, Common Pleas, or Ex- chequer Divisions, as the presidents of those Divisions from time to time direct (q). County Court appeal. The most usual appeals from inferior Courts occur- ring in practice are appeals from County Courts. These appeals may be either by special case (r), or by motion (s). (p) Jud. Act, 1873, s. 45. It may be noticed that an appeal from the Lord Mayor's Court does not lie to the Divisional Court, but to the Court of Appeal. See Le Blanche v. Seuter's Telegram Company, L. R. 1 Ex. Div. 408. (5) Order LViii. r. 19. (r) 13 & 14 Vict. c. 61, s. 14. (s) 38 & 39 Vict. 0. 50, s. 6. As to the cases in which a party has a right of appeal, see Pollock and Nicol's County Court Practice, pp. 235-238; Digitized by Microsoft® APPEALS FROM INFEEIOB COTTRTS. 143 A party appealing by special case must within ten Special case. days after the County Court decision give notice of ap- peal in writing to the other party or his solicitor, stating therein the grounds on which he appeals. The notice must be signed by the appellant, his solicitor, or agent, and must be served on the Eegistrar of the County Court, as well as on the successful party. The notice of appeal does not operate as a stay of proceedings, un- less otherwise ordered. Within the same period of ten days, the party appealing must give security to the Eegistrar of the Court for the costs of the appeal, and if he be defendant, for the amount of the judgment, in case the appeal should be dismissed. The security may be either a bond executed by the appellant and two sureties, or a deposit of money ; and if the appel- lant fails to give security, the Court will not hear the appeal. The case is then drawn up by the appellant or his solicitor, and submitted to the other party, and if possible the same is agreed on between them ; but if they cannot agree on it, it is settled by the County Court Judge. It is finally signed by him and sealed with the seal of the Court, and within three days thereafter one copy is deposited with the Eegistrar of the County Court, and one copy sent to the successful party or his solicitor (t). It is also duly entered by the appellant at the Crown Office, for hearing, within the same period of three days, and notice thereof given to the other party, and the appellant must also, four clear days before the day appointed for argument, deliver two copies of the case, at the proper office, for the use of the Judges of the Divisional Court to which such cause has been assigned for argument (w). The cause then comes on in due course, and is disposed of by the Divisional Court. (0 Pollock and Nicol's County Court Practice, pp. 240-242. («) Additional Order of 22nd January, 1877. See Griffith and Loveland's Pr. p.472. Digitized by Microsoft® IM APPEALS FBOM INFERIOB OOtTETS. Motion. A motion is a new mode of appealing from a County Court. Any person aggrieved by the ruling, order, direction, or decision of a County Court Judge and having a right of appeal may, at any time within eight days after the same shall have been made or given, appeal against it to the Divisional Court by motion instead of by special case, such motion being ex pwrte in the first instance, and granted on such terms as to costs, security, or stay of proceedings as to the Court to which the motion is made seems fit. If the Divisional Court is not then sitting the motion may be made to any Judge of the High Court sitting in Chambers {x). Practice. The course of practice under this provision is, in the first instance, to obtain from the County Court Judge a copy of his notes made at the hearing before him, and' also of the objection on the point of law made before him at the hearing, and this such Judge is bound to furnish on being applied to for it, and at the expense of the party requiring it (y). This being obtained coun- sel is instructed to move the Divisional Court ex parte, or if the Court is not then sitting to apply in Chambers to a Judge ex parte, and on this application the copy of the Judge's notes signed by the Judge must be handed in to the Judge or the proper officer to receive them (z). The application is then either refused or a rule or order nisi (a) is granted, which is drawn up and duly served on the solicitor for the other party and on the Eegistrar of the County Court appealed from. The rule or order and the Judge's notes are then taken to the Crown Office and filed there and the appeal entered for argument. Notice is given to the solicitor of the other party of the day for which it has been entered, and in due course it comes on to be heard and is disposed of. (a;) 38 & 39 Vict. c. 60, sect. 6. (t/) Ibid. («) See additional order of 22nd January, 1877, Griffith and Loveland's Pr. p. 472. (a) As to a rule nisi, see ante, p. 57. Digitized by Microsoft® APPENDIX. A TABLE OF SOME OF THE PEINCIPAL TIMES OF PEOCEEDINGS. AFFIDAVITS .... When evidence by consent to be by affidavits, plaintiff's affidavits must be filed within 14 days after consent ; defendant's afiSdavits -within 14 days of delivery of list of plaintiff's affidavits ; and plaintiff's affidavits ia reply within 7 days of delivery of list of defendant's affidavits. Notice for cross-examination on, must be served within 14 days after time for filing affidavits in reply. AMENDMENT .... Writ of summons may be amended at any time by leave. (As to when pleadings may be amended without leave, see ante, p.' 54.) When an order ia obtained tor leave to amend, amendments must be made within 14 days. ANSWER TO INTEKEOG ATOEIES : See Discovert. APPEAL From a Master to a Judge within 4 days. From Chambers to the Queen's Bench, Common Pleas, or Exchequer Divisions, within 8 days. To Court of Appeal from interlocutory orders, winding-up orders or in bankruptcy, within SI days. To Court of Appeal from an ex parte application within 4 days. To Court of Appeal in other cases within 1 year. Notice of 14 days if appeal from a judgment, but if from an interlocutory order 4 days. Notice of, by a respondent in an existing appeal 8 days, if appeal from a judgment, but if from an interlocutory order 2 days. To House of Lords within 1. year, but in case of disability, within 1 year of disability ceasing, and in case of absence within 5 years at utmost. Digitized by Microsoft® 146. A TABLE APPEAL — continued. APPEARANCE BILLS OF EXCHANGE ACT BILL OF SALE. . . . CERTIFICATE OF CHIEF CLERK .... CLAIM, STATEMENT OF CONCURRENT WRITS . CROSS-EXAMINATION . COUNTY COURT . . . DEFENCE, STATEMENT OF DEMURRER DISCOVERY . From County Court : When by special case, notice of appeal and security for appeal witliin 10 days, and case to be transmitted to Court of Appeal witliin 3 clear days after signature. When by motion, same to be made within 8 days. To writ of summons, if defendant within jurisdiction, within 8 days after service — if not within it, then within time fixed by order. Defendant may appear though time expired provided judgment not signed, but must then give nutiee of appearance. Under Bills of Exchange Act, 12 days. If defendant appears elsewhere than where writ issued he must on the day he appears give notice thereof. When a notice given to a third party (see ante, pp. 23, 24), if he wishes to dispute claim, he must appear within 8 days. Actions under, must be commenced within 6 months after bill due. Leave to defend action under, must be obtained within 12 days of service. With affidavit must be filed in Queen's Bench Division within SI days after execution. Time for taking opinion of Judge on, 4 clear days from signature by Chief Clerk. Application to vary within 8 clear days from being signed by Judge. Must be delivered within 6 weeks from appearance . May be issued at any time whilst original writ remains in force. Notice for, must be served within 14 days after time for filing affidavits in reply. Appeal from : See Appeal. Must be delivered within 8 days from delivery of statement of claim. But if no statement of claim required then within 8 days after appearance. When leave to defend given under Order xrv. (see ante, pp. 39-44) then within time ordered, or if no time ordered within 8 days after order. Where further defence or reply arises during action, leave to set it up must be obtained within 8 days of its so arising. Within the same time as other pleadings in action. Interrogatories may be delivered by plaintiff with statement of claim, or by defendant with statement of defence, or by either of them at any subsequent period before the close of the pleadings, After that only by leave. Digitized by Microsoft® OF SOME OF THE TIMES OF PROCEEDINGS. 147 DISCOVERY— conMmMed. DISMISSAL FOR WANT OF PROSECUTION DISTRINGAS EJECTMENT Application to strike out any interrogatories must be made within 4 days of their delivery ; affidavits answering interrogatories to be filed within 10 days. When notice given to produce certain documents for inspection in the course of the action, the party receiving such notice must within 2 days, if all documents rfeferred to therein have been set out in pleadings or affidavits, or if not, then within 4 days, give notice to the opposite party that within 3 days from delivery of such notice the documents can be inspected by him. If statement of claim not delivered within the 6 weeks allowed. If notice of trial not given within the 6 weeks allowed from the close of the pleadings. If default made in obeying an order for discovery or inspection. Only has effect for 8 days from application to deal with fund. In an action for recovery of land, defence may be limited to a part, by serving notice to that effect within 4 days after appearance. ENTRY OF CAUSE FOR TRIAL: See Trial. EXECUTION May generally issue immediately after final judg- ment. Writ of, in force for 1 year, but may be renewed for further period of 1 year, and so on from time to time. After 6 years from date of judgment, or after change of parties, leave must be given to issue. GUARDIAN INSPECTION : See Discovery. INTERROGATORIES: See Discovery. JUDGMENT. Notice of application for a guardian ad litem to be appointed to a defendant who has not appeared, must be served 6 clear days before day of hearing. JURY Final judgment by default may be issued at ex- piration of time limited for appearance, if writ specially indorsed; but if writ for unliquidated damages, then only interlocutory judgment. Final judgment may be signed in default of state- ment of defence if claim for a fixed liquidated amount, but if for unliquidated damages, then only interlocutory judgment. Where at trial, judgment not directed to be entered plaintiff must set cause down on motion for judgment within 10 days after trial, otherwise defendant may do so. Special notice for, to defendant, same as notice of trial. Special notice for, to plaintiff 6 days. L 2 Digitized by Microsoft® 148 A TABLE LIMITATION TIONS OF AC- Aotions must be brought within the following periods respectively : — ■ Advowsons, to recover, 3 adverse inoumbeucies, or 60 years, or at the utmost within 100 years. Assault, 4 years. Assumpsit, 6 years. Covenant, 20 years. Debt, specialty, 20 years. Debt, simple contract, 6 years. False imprisonment, 4 years. Actions against justices, 6 calendar months. Land, recovery of, 20 years : but if disability, 10 years from ceasing, the extreme period being 40 years. After the 1st Jan. 1879, the time will be 12 years ; but if disability, 6 years from ceasing, the extreme period being 30 years (37 & 38 Vict. u. 57). ' Legacy, 20 years. Libel, 6 years. Slander, 2 years. Trespass to person or goods, 4 years. Trespass in other cases, 6 years. MODE OF TRIAL : See Trial. NEW TRIAL : See Trial. ■ NOTICE PAYMENT INTO COURT Of action, when required, 1 calendar month. Of trial, 10 days, long ; 4 days, short. For special jury, to defendant, same as notice of trial. „ „ to plaintiff, 6 days. Of taxing costs in Queen's Bench, Common Pleas, and Exchequer Divisions, 1 day. May be made by defendant immediately on being served with writ, or up to delivering his defence ; afterwards only by leave. Plaintiff may, within 4 days after notice of payment in, or if payment in stated in defence, then before reply, accept payment in satisfaction. If he does this, he gives notice thereof, and taxes his costs ; and if not paid within 48 hours he may sign judgment for them. 2 clear days between service and hearing. In superior Court, bond conditioned to commence action within 1 week. In County Court within 1 month. SERVICE OF WRIT . . Memorandum of, must be indorsed within 3 days. REPLY Must be delivered within 3 weeks from defence. Further reply arising pending action, within 8 days after its arising. PETITION REPLEVIN REJOINDER . . . STATEMENT : See Claiji ; Defence ; Reply. And subsequent pleadings must be delivered within 4 days of previous pleading. Digitized by Microsoft® OF SOME OF THE TIMES OF PKOOEEDINGS. 149 SUMMONS TRIAL VACATIONS. . . . WRIT OF SUMMONS , If originating proceedings, to be serTed 7 clear days before return. If otherwise 3 clear days before return. Notice of, 10 days, but if under terms to take short notice, then 4 days. Notice of, to be given with reply, or at any time after close of pleadings. Plaintiff in notice states mode of trial, but de- fendant may within 4 days of service of the notice give a notice that he requires a jury. If plaintiff do not give notice of trial within 6 weeks from close of pleadings, defendant may do so or apply to dismiss action. In London or Middlesex plaintiff may enter cause for trial same day as notice of trial given, or next day, defendant within 4 subsequent days, and if not entered by either party within 6 days notice of trial falls through. At the Assizes either party may enter cause for trial, but if entered by both it is tried in the order of the plaintiff's entry. New trial should be applied for if case has been heard in London or Middlesex within 4 days of trial or on first subsequent day of sittings ; if trial elsewhere than in London or MidcUesex, then within first 4 days of next sittings following. Long Vacation from 10th August to 24th October. Remains in force for 12 months, but may be renewed for 6 months, and so on from time to time, on shewing reasonable efforts have been made to effect service, or for other good reason. WRIT OF EXECUTION : See Execution. Digitized by Microsoft® 150 PLEADINGS IN AN IMAGINAEY ACTION. II. A SET OF PLEADINGS IN AN IMAGINARY ACTION IN EITHER THE QUEEN'S BENCH, COMMON PLEAS, OR EXCHEQUER DIVISIONS OF THE HIGH COURT OF JUSTICE. (1.) STATEMENT OF CLAIM. In the Hiea Ooukt of Jdstice. 1878 S. No. 6. Division. Writ issued 1 January 1878. Between John Smith Plaintiff and Alfred Bbown . . Defendant. Statement of Claim delivered on the 1st day of Feebuakt 1878 by Mk. a. B. of &o, Plaintiff's Solioitob. 1. The plaintiff is a general house furnisher carrying on business in Oxford Street in the county of Middlesex. The defendant is a gentleman residing at Kensington . 2. In the month of June 1877 the plaintiff at the request of the defendant supplied to him certain furniture to the value of £150. 3; The plaintiff has furnished to the defendant accounts and invoices of the furniture so supplied and has at various times applied to the defendant for payment of such sum of £150 but the defendant has not paid the same or any part thereof. The plaintiff claims £150. The plaintiff proposes that this action should be tried in the City of London (a). (a) Or elsewhere, according to circumstances. If no place is stated the place of trial will be Middlesex. Digitized by Microsoft® PLEADINGS IN AN IMAGINABY ACTION. 151 (2.) STATEMENT OF DEFENCE. In the High Cotjet op Justice. 1878 S. No. 6, Division. Between John Smith . . . Plaintiff and Alpked Bbown. . . Defendant. Statement of Defence delivered the 20th day of Febbuabt 1878 by Mk. C. D. op &o., Dependant's Solicitoe. 1. The defendant admits tliat in the month of June 1877 he requested the plaintiff to supply him with certain furniture. The plaintiff however never supplied him with the furniture required but did send and leave at the defendant's residence certain other furniture of an inferior quality and in other respects of a different description from that ordered. 2. The defendant has never accepted the said furniture so sent but has always refused to accept the same and has required the plaintiff to take the same back and has offered to return it to the plaintiff but the plaintiff has refused to receive it back. (3.) KEPLY. Ih the High Oobbt op Justice. 1878 S. No. 6. Division. Between John Smith .... Plaiatiff and Alpeed Bbown. . . Defendant. Reply dblivebed the 15th day of March 1878 by Mr. A. B. of &o., Plaintiff's Solicitor. The plaintiff joins issue on the defendant's statement of defence (5). (6) For various forms of proceedings throughout an action, see Griffith and Loveland's Pr. pp. 479-553. Digitized by Microsoft® Digitized by Microsoft® INDEX. A. Abatement, Pleas in, abolished, 49 AOCOTTNTB, Of personal representatives, 100 ,, „ affidavit verifpng, 101 „ „ vouching, 102 Surcharging and falsifying, 102 And inquiries, interlocutory, 110 Action, Definition of, 29 Different claims in, 24-25 Notice before, where necessary, 26-27 Eemoving from District Registry, 65-66 Friendly, 97 Administration, instance of, 100-106 Administrators, May represent estate without beneficiaries being joined 22-23 Admiralty, Court of, consolidated into Supreme Court, 11 Appeals, 142 Admissions, Plaintiff may apply for order on, 56 Affidavit, In answer to interrogatories, 60 Parts of, 95 Cross-examination on, 95 Of no claims, 101 Digitized by Microsoft® 154 INDEX. Affidavit — continued: By personal representatives on acconnts and inquiries, 101-102 Evidence on interlocutory applications to be by, 110 On payment of trust moneys into Court, 124-125 Amendment, By adding new defendants, 21 Of writ of summons, 34 Same effect as new assignment, 50 After demurrer, 53 Of pleadings, 54-55 When may be made without leave, 54—55 How made, 55 On appeal, 136 Answer, A former pleading, 6 Appeals, From Common Law Courts, 2 Constitution of Court of, 14 Judges of, 14 ■ Jurisdiction of Court of, 14 Jurisdiction of House of Lords, 19-20 Prom Chambers, 69 Time for, 133 „ when calculated from, 133 Mode of, 134 Notice of, 134 Setting down, 184-135 Security on, 135 Cross appeals, 135 • „ notice of, 135 Evidence on, 135 Amendment on, 136 Hearing of, 136-137 Costs on, 137 Does not stay execution, 137 What orders not subject to, 138 To House of Lords, 139-141 : See House of Lords. Prom inferior Courts, 142-144 From County Courts, 142-144 Digitized by Microsoft® INDEX. 155 Appkakancb, Time for, 35 Where entered, 35 When notice of, necessary, 35 By partners, 36 By persons not named in writ, 36 Default of, 39-42 : See Default. Where no defence, judgment may be obtained not- withstanding appearance, 43 Assessors, 18 Associates, Duties of, 17 Attachment, JFor not obeying order for discovery, 62 Of debts, procedure as to, 83 Writ of, 85 For contempt of Court, 117 B. Baii., Holding defendant to, 64 Bankruptot, Trustee suing cannot join other claims except by leave, 25 Bill of Complaint, 5 Bills of Exchange, Proceedings under Bills of Exchange Act, 37 Leave to appear to writ, 37 Non-appearance in actions under, 40 Brief, What it should contain, 72-73 C. Capias ad Satisfaciendum, Writ of, 82 Cause — Short, Practice on, 97-98 Hearing on further consideration may be so, 116 Certificate : See Chief Clbbk. Digitized by Microsoft® 156 INDEX. Ohambeks : See Judges' Chambers. Chanobky, Court of, consolidated into Supreme Court, 11 Origin of Court of, 2 Former Judges of, 3 Writ to be marked with name of Judge, 92 Effect of non-appearance to writ in, 92-93 Default of delivering statement of defence in, 93 Drawing up of judgment, 96-97 Friendly actions, 97 Stort cause, 97-98 Sales under Court of, 105-106 Summons, proceedings on, 108-109 Taxation of costs in, 119-120 Chaeging Okder of Stock, 84 Chief Clebk, Duties of, 17 Directions by, 99-100 „ carrying out of, 100 Certificate of, 103 „ summons for opinion of Judge on certificate, 103 „ application to vary certificate, 104 „ when certificate binding, 104 OlEOUITS, 16 Claim, Statement of : See Pleadings. Difference between those that came before Courts of Common Law and Equity, 6 Common Law, Origin of Courts of, 1-2 Former Judges at, 2 Powers of, given to Courts of Equity before Judicature Acts, 9-10 Common Pleas, Court of, consolidated into Supreme Court, 11 Companies, How to sue and defend, 26 How served with writ of summons, 32 Digitized by Microsoft® INDEX. ] 57 GouPAxiEs^continued. Where defendant, to whom interrogatories may be ad- ministered, 60 Winding-up of, 128 Official liquidator, 128 Appeal against winding-up order, time for, 133 Constable, Action against, 27 CONTKIBUTION, From third parties, how enforced, 23-24 Conveyancing Counsel, Duties of, 17 COKPOBATIONS, How to sue and defend, 26 How served with writ of summons, 82 Costs, Must be indorsed on specially indorsed writ, 30 Of taxation, 30 On specially indorsed writ, 39 Of facts which ought to have been admitted, 49 Security for, when it can be obtained, 66-67 In the cause, 69 In any event, 69 Of the day, 77 Provisions of Judicature Act as to, 87 Under County Court Act, 1867 .. 87 Present Eules as to, 88 Taxation of, 30, 89, 119 : See Taxation. Party and party, 89 Solicitor and client, 89 On further consideration, 118 On paying trust moneys into Court, 125 On appeal, 137 Security for, on appeal to House of Lords, 140 County Court, Eeference to, in actions of contract, 63 „ in actions of tort, 66 Cases in which it has no jurisdiction, 88 Equitable jurisdiction, 120 Appeals from, 142-144 Digitized by Microsoft® 158 INDEX. COTJNTEB-OLAIM Has same effect as statement of claim in cress action, 49,50 Courts, Inconvenience of different Courts, 3 Of appeal, 14 Officers of, besifles Judges, 16 Ceeditoes, Advertisement for, 100, 101 D. Death op Parties, Effect of, pendente lite, 24 DBOIiAEATION, 4 Decebb, Notice of motion for, 6 Carrying out of, 7 Enrolment of, 138 Defadlt Of appearance in Common Law Division, 39-42 ,, in Chancery Division, 92-93 „ on specially indorsed writ, 39 „ under the Bills of Exchange Act, 40 „ where writ is for a fixed sum not specially indorsed, 40 „ in actions for unliquidated damages, 40 „ in actions to recover land, 41 „ in case of infants and lunatics, 42 Defendant let in to defend notwithstanding, 42 Date of judgment by, 42 Of delivery, of statement of claim, 48 „ of statement of defence, 50-51 In Chancery Division, 93 Defence, Statement of: See Pleading. Puis darrein continuance, 54 Defendant, Non-joinder of, 21-22 Interest need not be equal, 22 Digitized by Microsoft® INDEX. 159 Defendant — continued. Contribution against third parties, 23-24 Out of jurisdiction, leave to serve, 33-34 May be let in to defend although judgment signed, 42 May pay money into Court, 59 Arrest of, 64 When he may enter catise for trial, 71 Not appearing at trial, 78 Delivery, Writ of delivery of property, 84 Demurkkk, 53 Discovert : See Iktbrrogatobies. District Eegistbies, Judgment by default in, 40 Eemoval of action from, 65-60 Distringas, Writ of, 131 Effect of, 131 Divisions of High Court, Presidents of, 12 Business how distributed amongst, 13 DrvoBCE, Court of, consolidated into Supreme Court. 11 Documents, Inspection of, 61 Discovery of, 61 Notice to produce, 71-72 Notice to admit, 72 Eefusing to admit, 72 E. Ejectment : See Ebcovbry op Lands. Elegit, Writ of, 82 Enrolment Of decree, 138 Error, Proceedings in, abolished, 138 Digitized by Microsoft® 160 INDEX. Evidence, De bene esse, 74 May be taken by affidavit, 94 Procedure where taken by affidavit, 94 Cross-examination on affidavits, 95 On interlocutory applications to be by affidavit, 110 Of funds in Court, 112 On appeal, 135 Examiners, Duties of, 17 Execution, How issued, 81 Time in which it must be executed, 82 How long in force, 82 Renewal, 82 Attachment of debts, 83 Charging stock, 84 Against partnership firm, 85-86 Fieri facias, 82 De honis ecclesiasticis, 85 Sequestrari facias, 85 Ca. sa., 82 Elegit, 82-83 Appeal does not stay, 137 Exohbqube, Court of, consolidated into Supreme Com-t, 11 Exceptions, Bills of, abolished, 138 Executors May represent estate without beneficiaries being joined 22-23 What claims may be joined with claims as executor, 25 F. Falsifying and Surcharging, 102 Fieri Facias, Writ of, 82 De honis ecclesiasticis, 85 Digitized by Microsoft® INDEX. J Q I FUKTHEK CONSIDEKATION, Setting down cause on, 115 Judgment on, 116 Directions on, 116 Hearing on, may be as a short cause, 116 Costs on, 118 Fusion, Steps towards, before Judicature Acts, 9 G. Garnishee : See Attachment op Debts. Guardian ad Litem, 26 Guardianship and Maintenance, Summons for, 130 H. High Court of Justice, How constituted, 11-12 Jurisdiction of, 12 House op Lords, Origin of jurisdiction as a Court of Appeal, 19 How constituted, 19-20 Mode of appeal to, 139 Presentation of appeal to, 139 „ „ security on, 140 Printed cases, 140 Cross appeals, 141 Setting down of, 141 Husband and Wife, Service on husband usually sufficient, 31 Indorsements On writ of summons, 29-30 Special, 80 M Digitized by Microsoft® 162 INDEX. Infants, How to sue and defend, 25 Service on, 31 Plaintiff may apply for guardian to be appointed to defend, 42 Ward of Court, application to marry, 113 Marriage settlement of, 126 iNQUiEr, Writ of What it is, 41 And accounts interlocutory, 110 Intbeplbadek, Cases in which it arises, 67-68 Intbebogatoeies Before Judicature Acts, 5 Definition of, 60 How answered, 60 Where defendant is a -public company, 60 Answers to, how used, 61 Consequences of not obeying order to answer, 62 Service of order for, 62 Issue, Power of Judge to direct trial of, 94 J. Joinder of Issue In pleadings, 51 Judges Of High Court of Justice, 12 How appointed, 12 Of appeal, 14 Judges' Chambers, Appeals from decisions in, 69 Proceedings in, in Chancery, 99-106 Judgment, Final, 40 Interlocutory, 40 Defendant may sometimes be let in to defend after judg- ment, 42 By default, how dated, 42 Digitized by Microsoft® INDEX. 163 Judgment — continued. By default, in district registry, 40 Plaintiff may apply for final judgment where writ specially indorsed after appearance, 43 Motion for, 78-79 Cases where Judge would not direct judgment, 79 Entry of, 81 How enforced, 81-86 Quando acciderint, 86 Drawing up of, in Chancery, 96 Carrying judgment into Chambers, 99 Notice of, 104 Anticipatory, 110 On further consideration, 116 Enforcement of, in Chancery, 117 Jury, How special jury obtained, 75 Expenses of, 75 Not agreeing on verdict, 77 Withdrawing a juror, 77 Who are liable to serve on, 75, note (r) Qualifications of juror, 75, note (s) Trial by, unfrequent in Chancery Division, 94 L. Land ; See Rboovekt of Land. Leave Eor service out of jurisdiction, 33-34 To appear to writ under Bills of Exchange Act, 37 Leoaoies, Payment of, into Court, 122 Ex parte application for payment out of Court, 123 Lien, Paying money into Court where claimed, 112 LoEDS : See House of Lords. Lunatics, How to sue and defend, 25-26 How served with writ of summons, 31-32 Plaintiff may apply for guardian to defend, 42 M 2 Digitized by Microsoft® 164 INDEX. M. Maintenance. Summons for, 130 Mabeibd Women, How to sue and defend, 25 Service on, 31 Masters, Duties of, 16 Cases in whicli they have no jurisdiction, 16, note (c) Mesne Pbofits, May be joined with action for recovery of land, 25 What are, 42, note (p) MisjoiNDEE OP Paktibs, Effect of, 22 Money, In Court — payment out, 117-118 Motion, Applications by, 57 For judgment, 78-79 Notice of, 108 Ex parte, 108 When application to be by, 108 N. Ne exeat ebgno, 112 New Assignment, Abolished, 49 What it was, 50 New Trial, Ground for, 80 Application for, to whom made, 80 Next Friend, 26 Non-appearance : See Appearance. NoN-JoiNDBK OP Parties, Of plaintiff, 21 Of defendant, 21 Digitized by Microsoft® INDEX. ] 05 Nonsuit, Effect of, 77-78 Notice, Of motion for decree, 6 Before action when necessary, 26-27 Of appearance, 35 Of action by defendant to third parties, 23-24 In lieu of statement of claim, 48 Of trial, 70 To produce, 71-72 To inspect and admit, 71-72 Of judgment, 104 Of appeal, 134 Of cross appeal, 135 0. Official Liquidator : See Companies. Oeders, Drawing up of, in Chancery, 109 Of course, 109 What not subject to appeal, 138 Particulars, Summons for, 62 Parties, Nonjoinder of, 21-22 Several with same interest, 23 How defendant may add parties, 23-24 Death of, 24 Partners, How sued, 32 Service on, 32 Demand of names of, 33 Appearance by, 36 Execution against, 85-86 Paymaster General, Duties of, 17 Digitized by Microsoft® 166 INDEX. Payment into Court, Old practice, 58 New practice, 59 Plaintiff's course where money paid into Court, 59 Applications for, 111 Mode of, 111 Under Legacy Duty Act, 122 Under Lands Clauses Act, 123 By trustee, 124-125 Pedigkeb, Inquiry as to, 100 Proof of, 101 Petition, Definition of, 107, 121 Lodging, 107, 121 When application to be by, 108 Service of, 122 Under Legacy Duty Act, 122 Under Lands Clauses Act, 123-124 Under Trustee Belief Act, 125 For appointing New Trustees, 126 Under Infants Marriage Settlement Act, 126 For opinion of Court, 127 Under Leases and Sales of Settled Estates Act, 127 For winding up company, 128 Pleadings : {See also Precedents of Pleadings in Appendix.) Before Judicature Acts, 4-9 Object of, 45 General rules as to, 45—46 When necessary to be filed, 46 Denying facts specifically, 46-47 Instances of shortening, 47 Statement of claim, 47-48 Notice in lieu of statement of claim, 48 Consequences of not delivering statement of claim, 48 Statement of defence, 48 Consequences of not delivering statement of defence, 50 Eeply, 51 Pleadings subsequent to reply, 51 Joinder of issue, 51 Close of, 52 Digitized by Microsoft® INDEX. 167 Pleadings — continued. Demurrer, 52-53 Scandalous, 54 Amendment of, 54-55 Defence arising after action commenced, 54 Possession, Writ of, 85 Peesbevation of Pbopeety, Interim order for. 111 Printing, Of pleadings, 45 Probate, Court of, consolidated into Supreme Court, 11 Pnis Daekein Continuance, Plea of, 54 Q. QUANDO AOOIDEEINT, Judgment of, 86 Queen's Bench, Court of, consolidated into Supreme Coiu't, 11 R. Rebutter, 5 Eeceivee, Security of. 111 Ebooed and Weit Cleeks, Duties of, 17 Eecoveey op Land, With claim for, what other claim may be joined, 25 Appearance, 36 Non-appearance, 41 Default in delivering statement of defence, 51 Ebfbebes, How to hold trial, 18 Powers of, 18-19 Eeebebncb, Summons for, 63 Digitized by Microsoft® 168 INDEX. Eeoibtbabs, Duties of, 17, 96-97 Belief, Difference between Law and Equity, 3 Eeplbvin, 38, note (d) Eeplication, 4 Eeply : See Pleadings. Eestraininq Okdbk, On stock, 131-132 EULES, Nisi, 57 Sale Under Chancery Division, 105-106 Seevice Of writ of summons, 81 „ „ out of jurisdiction, 33-34 On particular persons, 31 When it may be effected, 34 Of petition, 122 Of notice of appeal, 134 Sequesteaki Facias, 85 Sequestration, Writ of, 85 Set-off Has same effect as a statement of claim in a cross action, 49 Alterations in previous rules, 49 Sheeipfs, Duties of, 17 Interpleader by, 67-68 Shoet Cause, 97 • Sittings Of Court of Appeal, 15 Of High Court in London or Middlesex, 15 Digitized by Microsoft® INDEX. 169 Special Case, When resorted to, 68 Consent by parties under disability, 68 Commencing proceedings by, 130-131 Appeal by, from County Court, 148 Stock, Charging order of, 84 Distringas on, 131 Restraining order on, 131-132 Solicitor, Officer of the Court, 18 Demand on, whether writ issued with his authority, 36 Service of order for discovery on, 62 Delivery of bill, 89 Statement of Claim : See Pleadings. Statutes, 36 Geo. 3, c. 52 {Legacy Duty), 122 1 Will. 4, c. 7, s. 1 {Writ of Inquiry), 41 1 & 2 Will, 4, c. 58 {Interpleader), 67 -■ , s. 6 .. 68 1 & 2 Vict. c. 45 {Interpleader), 67 1 & 2 Vict. c. 110 {Judgments), 84 5 Vict. e. 5 {Bestraining Order), 131, 132 6 Vict. c. 18, s. 60 {Appeals from Revising Barristers), 2 6 & 7 Vict. c. 73 {Attorneys and Solicitors), 89 , s. 37 .. 90 6 & 7 Vict. c. 96 (Libel), 58 8 & 9 Viet. c. 16, s. 132 (Companies Clauses Consolida- tion), 32 8 & 9 Vict. c. 18 (Lands Clauses Consolidation), 123 9 & 10 Vict. c. 95 (County Courts), 88 10 & 11 Vict. c. 96 (Trustee Belief Act), 124 12 & 13 Vict. c. 74 (Amending Trustee Belief Act), 124 13 & 14 Vict. c. 60 (Trustees), 125 13 & 14 Vict. c. 61 {County Courts), 88 , s. 14 .. 142 14 & 15 Vict. c. 83, s. 8 {Common Law Judge assisting Chancery), 9 15 & 16 Vict. c. 55 (Trustees), 125 15 & 16 Vict. c. 76 (Common Law Procedure Act, 1852), s. 142 ..67 Digitized by Microsoft® 170 INDEX. Statutes — continued. 15 & 16 Vict. c. 76, s. 212.. 9 15 & 16 Vict. c. 80, B. 26 (Guardianship and Maintenance), 130 15 & 16 Vict. c. 86, s. 45 (Administration Summons), 130 17 & 18 Vict. c. 125 (Common Law Procedure Act, 1852), 9 , s. 3 .. 63 , ss. 22-24 .. 38 , ss. 51, 68, 78, 79, 83 .. 10 18 & 19 Vict. c. 43 (Settlements on Infants), 126 18 & 19 Vict. c. 67, s. 2 (Bills of Exchange Act), 37 19 & 20 Vict. c. 97, s. 2 (Mercantile Law Amendment Act), 10 21 & 22 Vict. c. 27 (Damages), 9 22 & 23 Vict. c. 35, s. 29 (Trustees and Executors), 100 , s. 30 . . 127 23 & 24 Vict. c. 38 (Trustees amd Executors), 127 23 & 24 Vict. c. 106 (Amending Lands Glauses Consolida- tion Act), 123 23 & 24 Vict. c. 126 (Common Law Procedure Act, 1860), s. 2..10 — , ss. 12-18 . . 67 25 & 26 Vict. c. 42 ..9 25 & 26 Vict. c. 88 (Merchandise Maries Act), 67 25 & 26 Vict. c. 89 (Companies Act, 1862), 128 , s. 38 ., 129 , s. 69 .. 67 , s. 79 .. 128 , s. 95 .. 129 28 & 29 Vict. c. 99 (Cownty Courts), 120 30 & 31 Vict. c. 131 (Companies Act, 1867), 128 , ss. 40, 41 ..128 30 & 31 Vict. c. 142 (County Courts Act, 1867), 88 , s. 5 .. 88 , s. 7 .. 63 , s. 9 .. 120 , s. 10 .. 66 31 & 32 Vict. c. 40 (Partition), s. 12 .. 120 32 & 33 Vict. c. 62 {Debtors Act, 1869), 64, 82 33 & 34 Vict. c. 28 (Solicitors' Remuneration), 90 :, s. 8 .. 129 Digitized by Microsoft® INDEX. 171 Statutes — continued. 33 & 34 Vict. c. 76 {Absconding Debtors Act, 1870), 64 38 & 39 Vict. c. 50, s. 6 (County Courts Amendment Act, 1875), 142, 144 38 & 39 Vict. 0. 79 (Legal Practitioners Act, 1875), 90 39 & 40 Vict. c. 59 (Appellate Jurisdiction Act), 20 , s. 4 .. 139 ■- , ss. 5, 6, 20, 23, 25 . . 20 , ss. 15, 19 .. 14 40 & 41 Vict. o. 18 (Leases and Sales of Settled Estates), 127 Stop Okdee, 113 subpcena, 73 Summons : See also Writ of Summons. Applications by, 57 For time, 57 For particulars, 62 To refer, 63 For reference to County Court, 63 To change place of trial, 63 To dismiss for want of prosecution, 64 To hold to bail, 64 To proceed, 99 For opinion of Judge on certificate, 103 Proceedings on, in Chancery, 108-109 Service of, in Chancery, 109 For conduct of cause, 113 Ex parte for payment of legacy out of Court, 123 Originating, 129 Serrice of, 130 Administration, 130 Guardianship and maintenance, 130 SUPEEME CoUBT or JUDIOATUEE, Courts included in, 10 SUKCHARGING AND FaLSIETING, 102 SURRBBUTTEB, 5 SUHRBJOINDBB, 5 Digitized by Microsoft® 172 INDEX. Taxation, Duties of taxing masters, 17 Costs of, 30 Of costs, 89 By cUent, 89-90 In Chancery, 119-120 Eeviewing, 120 Delay in, 119, note (y) Time {See also Time Table in Appendix) Where time for doing any act less than 6 days, 15 Sunday — ^last day expiring on — or on day when office closed, 15 For which writ remains in force, 34 For entry of appearance, 35 Eule as to granting time to deliver a pleading, 57 Summons for, 57 For notice of trial, 70-71 For short notice of trial, 71 For demurring, 53 For appeal, 133 Tbial, Where to take place, 63 Application to change place of, 63 Notice of, 70 Short notice of, 71 Mode of, 70, 75 Countermand, 71 Entry for, 71 Procedure at, 76 Postponement of, 77 Plaintiff or defendant not appearing at, 78 Tkustbes, Eepresenting beneficiaries not joined, 22-23 Payment into Court by, 124-125 Now trustees, appointment of, 126 Petition for opinion of the Court, 127 Digitized by Microsoft® INDEX. 173 V. Vacations, 15 Vejsue, 63-64, note (x). Verdict, Jury not agreeing on, 76 Vesting Order Under Trustee Acts, 126 W. Ward : See Infants. Wife : See Husband and Wipe. Winding-up : See Companies. Withdrawing a juror, 77 Witnesses, Attendance of, how compelled, 73 Out of the jurisdiction, 74 Under custody, 74 Writ op Summons, Form of, 29 May be issued from District Registry, 29 Indorsement on, 29, 30, Service of, 31-34 Time for which writ remains in force, 34 Concurrent writs, 34 Amendment of, 34 Non-appearance to, 39-42 In Chancery Division, marked with name of Judge, 92 Digitized by Microsoft® LONDON : FEINTED BY WlLLiMlI CLOWES AND SONS, STAKFOBD SIBBBT AND CHARn^G CROSS. Digitized by Microsoft® MR. INDERIVIAUR'8 BOOKS FOR STUDENTS. Fourth Edition, in 8vo., nil, price 6s., cloth. AN EPITOME OF LEADING COMMON LAW CASES; WITH SOME SHOKT NOTES THEREON. Cbieily intended as a Guide to "Smith's Leadino Cases." By John Indeiuiadb, Solicitor (Clifford's Inn Prize- man, Michaelmas Term, 1872). " We have received the third edition of the ' Epitome of Leading Common Law Cases,' by Mr. Indermaur, Solicitor. The first edition of this work was published in February, 18?3, the second in April, 18?4, and now we have a third edition dated September, 1876. No butter proofofthe value of this book can be furnished than the fact that in less th.in three years It has reached a third edition. In this edition the author has inserted the well- known case of Currie v. Misa Immediately after Miller v. Race."— Law Journal, Third Edition, in 8vo., 1877, price 6s., cloth. AN EPITOME OF LEADING CONVEYANCING AND EQUITY CASES; WITH SOME SHOUT NOTES THEEEON, FOR THE USE OF STUDENTS. By John Indeemadr, SoUcitor, Author of "An Epitome of Leading Common Law Cases." " We have received the second edition of Mr. Indermaur's very useful Epitome of Leading Conveyancing and Equity Cases. The work is very well done."— iaio Kme». "The Epitome well deserves the continued patronage of the class— Students— for whom it is especially interded. Mr. Indtrmaur will soon be known as the ' Students' Friend.'" — Canada Law Journal. Second Edition, in 8vo., 1876, price 4s,, cloth. SELF-PREPARATION FOR THE FINAL EX- AMIKATION. Containing a Complete Course of Study, with Statutes, Cases, and Questions ; and Intended for the use of those Ariicled Clerks who read by them- selves. By John Ihdermaub, Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872). "In this edition Mr. Indermaur extends his coumels to the whole period from the intermediate examination to the final. His advice is practical and sensible: and if the course of study he recommends is intelligently followed, the articled clerk will have laid in a store of legal knowledge more than sufficient to. carry him through the final examination," — Solicitors' Jaumal. "This book contains recommendations as to how a complete course of study for the above examination should be carried out, with reference to the particular books to be read seriatim. We need only remark that it is essential for a student to be set on the right tack in his reading, and that any one of ordinary ability, who follows the course set out by Mr. Indermaur, ought to pass with great credit."— iaw Journal. In 8vo., 1876, price 6«., cloth. THE STUDENT'S GUIDE TO THE JUDIGA- TORB ACTS, AND THE RULES THEREUNDER. Being a book of Quesfons and Answers intended for the use of Law Students. By John Indebmauk, Solicitor, Author of " Self-preparation for Ihe Final Examination," and " Epitomes of Leading Common Law, and Equity and Conveyancing Cases." " As the result of the well-advised method adapted by Mr. Indermaur, we have a Guide which will unquestionably be found most useful, not only to Students and Teachers for the purpose of examination, but to anyone desirous of acquiring a firfat acquaintance- ship with the new system."— /Wf* Law Times. Digitized by Microsoft® In one volume 8vo,, 1876, price 20s., cloth. PRINCIPLES OF THE COMMON LAW. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. By JOHN INDERMAUR, Solicitok, AUTHOR OF " EPITOMES OF LEADING CASES," AND OTHER "WORKS. " This work, the author teUs us in his Preface^ is written mmvly with a view to the exatninaiions of the Incorporated Law Society ; tut we think it is likely to^ attain a wider usefulness. It seems, so far as we can judge from the parts we have examined, to be a careful and dear outline of the principles of the Common Law* It is very readable ; and not only students, hut many practitioners and the public might benefit by a perusal of its ^ pages."— SoLiciTOTiG* Journal. " Mr. Indermaur has very clear notioDB of what a law etudent should be taught to enable him to paas the examinations of the Incorporated Law Society. In this, his last work, the law is stated carefully and accurately, and the book will probably prove acceptable to students."— /-aw Times. " Mr. Indermaur's hook will doubtless be found a useful assistant in the legal pupil room. The statements of the law are, as far as they go, accurate, and have been sltilfully reduced to the level of learners. Mr. Indermaur possesses one great merit Qf an Instructor— he is able to bring out the salient points on wide subjects in a telling manner."— iaw Journal. "Mr. Indermaur has acquired a deservedly high reputation as a writer of convenient epitomes and compendiums of various branches of the law, for the use of students. Wi thin the limits which the author has assigned to himself, he has certainly given proof of praiseworthy industry, accuracy, and clearness of exposition, which cannot fail to be of the greatest advantage to the law student. The practising solicitor will also find this a very useful compendium. Care has evidently been taken to note the latest decisions on important points of law. A full and well-con&tructed Index supplies every facility for ready reference."— £a«j Magazine. " The works of Mr. Indermaur are the necessary outcome of the existing system of legal education, and are certainly, admirably adapted to the needs of students. We observe that in the preface to his Principles of the Common Law, the author announces that he had a collateral object in view — viz., to produce a work useful to the, practitioner. To se^ional practitioners, and those whose libraries are limited, we have no doubt that this work will prove a useful acquisition ; but its special merit appears to us to be that it most adequately achieves that which was the author's principal object— namely, to supply a book upon the subject of Common Law which, whilst being elementary and readable on the one hand, yet also goes sufficiently Into the subject to prepare students for examination. The author, who possesses a well-established reputation as a law tutor, and as an able and indefatigable writer of books for students, certainly knows precisely just what it is that students require, and that desideratum he has fully supplied. We might suppose that the work itself was the didactic embodiment of the prize answers to a voluminous code of examination questions on the subject of Common Law ; and presenting, as it doe?, a lucid, careful, and accurate outline of the elementary principles applicable to contracts, torts, evidence, and damages, such a work cannot fail to prove abundantly meful to the student. Works more exhamtive there are, but they are necessarily more expensive ; and, at all events, as a preliminary study, Mr. Indermaur's work possesses an independent value. Indeed, the work is on the whole so well executed that we would be glad if we could look forward to the production of a similar work from the same pen hereafter on the Principles of Equity." *— Irish Law Times. * [SKELL'S PRINCIPLES OF EQUITY supplies the want indicated by ibe Reviewer.] Digitized by Microsoft© A CATALOGUE LAW WORKS PUBLISHED AND SOLD BY STEVENS & HAYNES, BELL YARD, TEMPLE BAR, LONDON. BOOKS BOUND m THE BEST BINDINGS. Works in all Classes of Literature supplied to Order. FOREIGN BOOKS I MP CRT RD. LIBRARIES VALUEp FOR PROBATE, PARTNERSHIP, AND OTHER PURPOSES, LIBRARIES OR SMALL COLLECTIONS OF BOOKS PURCHASED. A large Stock of Reports of the various Courts ijf England^ Ireland, and Scotland, always on hand. Catalogues and Estimates Furnished, and Orders fiomptly Executed. Note. — To avoid confusing our firm with any of a similar name, we beg to notify that we have no connexion whatever, with any other house of business, and we. respectfully request that Corre- spo ndents will take special care to direct all communications to the above names and address. Digitized by Mlcmsof t ® 30.1.80' STEVENS & HAYNES, BELL TABD, TESCFLE BAB. INDEX OF SUBJECTS. ADMIRALTY LAW— Jones 14 Kay ........ 17 Smith 23 AGRICULTURAL HOLDINGS— Brown 26 ARTICLED CLERKS— iW STUDENTS. ARTIZANS AND . LABOURfJRS' DWELLINGS— Lloyd 13 ASSAULTS— 5ff MAGISTERIAL LAW. BALLOT ACT— Bushby 33 BANKRUPTCY— Baldwin ;S ■ Ringwood 15 Roche and Hazlitt 9 BAR EXAMINATION JOURNAL 39, BIBLIOGRAPHY. . . ... .40 BILLS OF LADING— Kay 17 BILLS OF SALE— Baldwin IJ Ringwood 15 Roche and Hazlitt 9 BIRTHS AND DEATHS REGIS- TRATION— Flaxman 43 CAPACITY See PRIVATE INTERNATIONAL LAW. CAPITAL PUNISHMENT— Copinger 42 CARRIERS— See RAILWAY LAW. „ SHIPMASTERS. CHANCERY DIVISION, Practice of— Btown's Editibn of Snell . ' . . 22 Griffith and Loveland ... 6 Indermaur 25 And See EQUITY. CHARITABLE TRUSTS— Cooke 10 Whiteford 20 CHURCH AND CLERGY— Brice 8 CIVIL LAW— See ROMAN LAW. CODES— Argles 32 COLLISIONS AT SEA— Kay 17 COLONIAL LAW— . Cape Colony 38 Forsyth 12 New Zealand Jurist 18 New Zealand Statutes ... 18 COMMON LAW— Indermaur 24 COMMON PLEAS DIVISION, Practice of— Griffith and Loveland .... 6 Indermaur 25 COMPANIES LAW— Btice . . . . ... .^ . 16 Buckley . * . 17 Reilly's Reports 29 Smith 39 See MAGISTERIAL LAW. COMPENSATION— • Browne 19 Lloyd 13 COMPULSORY PURCHASE— Browne 19 CONSTABLES— &? POLICE GUIDE. CONSTITUTIONAL LAW AND , HISTOkY— Forsyth 12 Taswell-Langmead . . . .21 Thomas 28 CONTRACTS— Kay 17 CONVEYANCING, Practice of— Copinger (Title Deeds) ... 45 CONVEYANCING, Precedents in— Copinger's Index to .... 40 CONVEYANCING, Principles of— Deane . 23 COPYRIGHT— Copinger 45 CORPORATIONS— Brice 16 Browne ..... . . 19 COSTS, Crown Office- Short 8 COVENANTS FOR TITLE— Copinger 45 CREW OF A SHIP— Kay 17 CRIMINAL LAW— Copinger 42 Harris 27 Moncreiff 42 See MAGISTERIAL LAW. CROWN LAW— Forsyth .12 Hall 30 Kelyng 35 Taswell-Langmead .... 21 Thomas 28 CROWN PRACTICE— Corner . 10 CUSTOM AND USAGE— Browne ig Mayne jg Digitized by Microsoft® STEVENS & EA.YKES, BELL YABD, TEMPLE BAB. INDEX OF SUBJECTS— contmmd. 31 37 38 CUSTOMS— See MAGISTERIAL LAW. DAMAGES— Mayne DECREES AND ORDERS— Pemberton 41 DICTIONARIES— Brown 26 DIGESTS— Law Magazine Quarterly Digest . Indian Jurist ...... Menzies' Digest of Cape Reports DISCOVERY AND INTERROGA- TORIES— Griffith and Loveland's Edition of the Judicature Acts .... 6 DOMICIL- See PRIVATE INTERNATIONAL LAW. DUTCH LAW 38 ECCLESIASTICAL LAW— Brice 8 Smith 23 EDUCATION ACTS— See MAGISTERIAL LAW. ELECTION LAW & PETITIONS— Bushby 33 Hardcastle 33: O'Malley and Hardcastle . . • 33 EQUITY— Choyce Cases 35 Pemberton 32 and 41 Snell 22 EVIDENCE— ;. See USAGES AND CUSTOMS. EXAMINATION OF STUDENTS— Bar Examination Journal' . . 39 Indermaur 24 and 25 EXCHEQUER DIVISION, Practice of— Griffith and Loveland .... 6 Indermaur . . - 25 EXTRADITION— Clarke 44 iVr« MAGISTERIAL LAW. FACTORIES— &^ MAGISTERIAL LAW. FISHERIES— &^ MAGISTERIAL LAW. FIXTURES— Brown 26 FOREIGN LAW— Argles 32 Dutch Law 3S Foote 36 Harris 47 FORGERY— See MAGISTERIAL LAW. FRAUDULENT CONVEYANCES— May .....,.., 29 GAIUS INSTITUTES— Harris .... .^.,.,.. , ,20 32 "Digitized by Microsoft® GAME LAWS— Locke See MAGISTERIAL LAW, HACKNEY CARRIAGES— See MAGISTERIAL LAW. HINDU LAW— • Coghlan 28 Cunningham 38 Mayne 3^ Michell 44 HISTORY— Braithwaite 41 Taswell-Langmead .... 21 HYPOTHECATION — Kay ... 17 INDEX TO PRECEDENTS— Copinger 40 INDIA— See HINDU LAW. INFANTS— Simpson ....... 43 INJUNCTIONS— Joyce ( II INSTITUTE OF THE LAW— Brown's Law Dictionary ... 26 INTERNATIONAL LAW— Clarke 44 Foote 36 Law Magazine. . . •. . -37 INTERROGATORIES AND DIS- COVERY— Griffith and Loveland's Edition of the Judicature Acts 6 INTOXICATING LIQUORS— See MAGISTERIAL LAW. JOINT STOCK com;panies— See companies. JUDGMENTS AND ORDERS— Pemberton 41 JUDICATURE ACTS— Cunningham and Mattinson . . 7 Griffith 6 Indermaur 25 JURISPRUDENCE— Forsyth. ....... 12 JUSTINIAN'S INSTITUTES— Campbell 47 Harris 20 LANDS CLAUSES CONSOLIDA- TION ACT— Lloyd 13 LARCENY— See MAGISTERIAL LAW. LAW DICTIONARY— Brown 26 LAW MAGAZINE & REVIEW . 37 LEADING CASES— Common Law ...... 25 Constitutional Law . . . . 28 Equity and Conveyancing . . 25 Hindu Law 20 b 2 STEVENS & HAYHES, BELL TAB]), TEUFLE BAB. INDEX OF SUBJECTS— coniinmd. LEADING STATUTES— thomas 28 LEASES— Copinger 45 LEGACY AND SUCCESSION— Hanson , . .10 LEGITIMACY AND MARRIAGE— See PRIVATE INTERNA- TIONAL LAW. LICENSES— See MAGISTERIAL LAW. LIFE ASSURANCE— Buckley 29 ■ Reilly 29 LIMITATION OF ACTIONS— Banning ......... 42 LIQUIDATION with CREDITORS— Baldwin. . ■ 15 Ringwood 15 Roche and Hazlitt ..... 9 And see BANKRUPTCY. LLOYD'S BONDS 14 MAGISTERIAL LAW— Greenwood and Martin ... 46 MALICIOUS INJURIES— See MAGISTERIAL LAW. MARRIAGE and LEGITIMACY— Foote i 36 MARRIED WOMEN'S PRO- PERTY ACTS— Walker's Edition of Griffith . . 40 MASTER AND SERVANT— See SHIPMASTERS & SEA-- MEN. MASTERS AND SERVANTS— See MAGISTERIAL LAW. MERCANTILE LAW , ... 32 See SHIPMASTERS & SEA- MEN. „ STOPPAGE IN TRANSITU. MERCHANDISE MARKS— Daniel 42 MINES— Harris 47 See MAGISTERIAL LAW. MORTMAIN— See CHARITABLE TRUSTS. NATIONALITY— See PRIVATE INTERNA- TIONAL LAW. NEGLIGENCE— Campbell 40 NEW ZEALAND— Jurist Journal and Reports . . i8 Statutes . 18 OBLIGATIONS— Brown's Savigny 20 PARLIAMENT— Taswell-Langniead . " , . . zi Thomas 28 PARLIAMENTARY PRACTICE— Browne 19 Smethurst . 18 PARTITION— Walker 43 PASSENGERS— See MAGISTERIAL LAW. „ RAILWAY LAW. PASSENGERS AT SEA— Kay 17 PAWNBROKERS— J« MAGISTERIAL LAW. PERSONATION and IDENTITY— Moriarty 14 PILOTS— Kay 17 POLICE GUIDE— Greenwood and Martin ... 46 POLLUTION OF RIVERS— Higgins 30 PRACTICE BOOKS— Bankruptcy . . . . g and 15 Companies Law ... 29 and 39 Compensation 13 Compulsory Purchase. ... 19 Conveyancing 45 Damages 31 Ecclesiastical Law 8 Election Petitions . . . . ; 33: Equity 22 and 32 High Court of Justice . . 6 and 25 Injunctions n Judicature Acts. . . . 6 and 25 Magisterial 46 Pleading, Precedents of . . . 7 Privy Council 44 Railways 14 Railway Commission . . . 19 Rating ig- Supreme Court of Judicature _ 6 and 25 PRECEDENTS OF PLEADING— Cunningham and Mattinson . . 7- PRIMOGENITURE— Lloyd . . : . . PRINCIPLES— Brice (Corporations) . Browne (Rating) . Deane (Conveyancing) Harris (Criminal Law) Houston (Mercantile) . Indermaur (Common Law) Joyce (Injunctions) Ringwood (Bankruptcy) Snell (Equity) . . . 15 16 19 23 27 32 24 II 15 Digitized by Miuiusuft®- STEVENS & HATNES, BELL YABD, TEUFLE BAR. INDEX OF SUBJECTS— conimued. PRIORITY— iRobinson "32 PRIVATE INTERNATIONAL LAW— Foote 36 PRIVY COUNCIL- ■Michell 44 PROBATE— Ijanson 10 PUBLIC WORSHIP— Brice 8 QUEEN'S BENCH DIVISION, Practice of— Griffith and Lovdand .... 6 Indermaur 25 QUESTIONS FOR STUDENTS— Indermaur 25 Bar Examination Journal. . . 39 RAILWAYS— Browne 19 Godefroi and Shortt .... 14 Goodeve 29 Uoyd 13 See MAGISTERIAL LAW. RATING— Browne 19 REAL PROPERTY— Deane 23 REFEREES COURT— Smethurst . 18 REGISTRATION OF BIRTHS AND DEATHS— Flaxman 43 REMINISCENCE— Braithwaite 41 REPORTS— Bellewe 34 Brooke 35 Choyce Cases 35 Cooke ... ^ .... 35 Cuuningbam 34 Election Petitions 33 Finlason 32 Gibbs, Case of Lord Henry Sey- mour's Will 10 Kelyng, John 35 Kelynge, William . . . , . 35 New Zealand Jurist . . . . 18 Reilly 29 Shower (Cases in Parliament) . 34 RITUAL- Brice 8 ROMAN LAW— Brown's Analysis of Savignjr . . 20 Campbell 47 Harris 20 SALVAGE— Jones 14 Kay 17 Digitized by Microsoft® SANITARY ACTS— 5« MAGISTERIAL LAW. ■ SCOTLAND, LAWS OF— Robertson 41 SEA SHORE— Hall 30 SHIPMASTERS AND SEAMEN— Kay . 17 SOCIETIES— See CORPORATIONS. STAGE CARRIAGES— See MAGISTERIAL LAW. STAMP DUTIES— Copinger 40 and 45 STATUTE OF LIMITATIONS— Banning 43 STATUTES— Hardcastle 9 New Zealand ...... 18 Revised Edition 12 Thomas 28 STOPPAGE IN TRANSITU— Houston 32 Kay 17 STUDENTS' BOOKS . 20—28, 39, 47 SUCCESSION DUTIES— Hanson 10 SUCCESSION LAWS— Lloyd 13 SUPREME COURT OF JUDICA- TURE, Practice of— Cunningham and Mattinson . . 7 Griffith and Loveland .... 6 Indermaur 25 TELEGRAPHS— See MAGISTERIAL LAW. TITLE DEEDS— Copinger 45 TOWNS IMPROVEMENTS— See MAGISTERIAL LAW. TRADE MARKS— Daniel 42 TREASON— Kelyng 35 Taswell-Langmead . . , .21 TRIALS— Queen v. Gurney 32 ULTRA VIRES— Brice 16 USAGES AND CUSTOMS— Browne 19 Mayne 38 VOLUNTARY CONVEYANCES— May 29 WATER COURSES— Higgins 30 WILLS, CONSTRUCTION OF'— Gibbs, Report" of Wallace z'. ■ Attorney-General .... 10 STEVENS St HATNES, BELL YABS, TEUFIE BAS. In one thick volume, 8vo., price ^or., cloth lettered, THE SUPREME COURT OF JUDICATURE ACTS 1873, 1875 & 1877: THE APPELLATE JURISDICTION ACT, 1876,, AND THE RULES, ORDERS, AND COSTS THEREUNDER: EDITED WITH NOTES, REFERENCES, AND A COPIOUS ANALYTICAL INDEX. EMBODYING ALL THE REPORTED CASES TO MICHAELMAS SITTINGS, 1877, AND A TIME TABLE. WILLIAM DOWNES GRIFFITH, ■ Of the Inner Temple, Barrister-at-Law and a Judge of County Courts : Author of "Griffith's Bankruptcy," &c. AND RICHARD LOVELAND LOVELAND, Of the. Inner Temple, Barrister-at-Law"; Editor of " Kel)^g's Crown Cases," " Shower's Cases in Parliament," and " Hall's Essay on the Rights of the Crown in the Seashore,'' &c. JfEVIEWS. ' Our modern reform is real, and it is certainly beneficent, and depending as it does much upon the decisions of the judges, it is no small .advantage that it is so. ably explained by such authors and editors as Mr. Griiiith and Mr. Loveland." — T/ie La-m Times, "Much care and industry have been shown in the collection of the cases and the arrangement of the book, and the facilities given by the mode of printing enable the reader to find his way readily to any part of the Acts or Rules he may wish to con- sult. — Solicitor^ youmal, *' Mr. W. Downes Griffith appears to have met with the success which we confidently anticip££t6d for his book when it first came out. His system of annotation remains fuller than that of most of his contemporai'ies, and rises not unfrequently to the rank of an Excursus on a branch of Law." — Law Magazine and Heview, '* If continued popularity should not await this most practical, and exhaustive exposition of the working of the Supreme Court of Judicature Acts and Orders, we can only say that it wiS not be: because the editors have not fulfilled theij aim, m. rendering it a sure and useful guide to the-new pro- cedure," — Irish Law Times, "The authors deserve the gratitude and; appre- ciation of those who consult liis work, for (as we have often observed) references to cited cases to alP the authorities is of the utmost consequence to. those gentlemen in the legal profession whose- libraries are of limited extent. Tliis work is highly commendable . « . ," — Law journal. "JP""'.'!?!? '?v^° amount of valuable annotation on the old rules of pleading, practice, and procedure at arfected by the new. We .may refer as examples to the Notes on Pleadinl; p. 25 " Dernui" r n "ss' Discovery aiid Inspection p. 306 ; and Change of Parties, p. 417. A cursoly ilance at these n'otes will satisfy any lawyer as to the value of the work. The Time-table, which contains in double column a &t of the various proceedings in an action, and a statement of the time limited in respect of each, is s™re fo be 5?^rSw^yL4r" "'''■ ^^^ ^°^"' ^^"^ ""'■"is.over 164 pages, ?s full and complete "_ Digitized by Microsoft® STEVENS & HATNES, BELL YABD, TEMPLE BAB. In 8vo. price 28^., cloth, A SELECTION OF PRECEDENTS OF PLEADING H^rCatt tte Jutiicature ^rtg IN THE COMMON LAW DIVISIONS. With Notes explanatory of the different Causes of Action and Grounds of Defence; and an Introductory Treatise on the Present Rules and Principle? of Pleading as illustrated by the various Decisions down to the present time. By JOHN CUNNINGHAM, Of the Middle Temple, Barrister-at-Law, Author of the " Law Relating to Parliamentary and Municipal Elections ;" and MILES WALKER MATTINSON, Of Gray's Inn, Barrister-at-Law. REV 1 E W S. IRISH LAW TIMES. "The notes are -very pertinent and satisfactory; the introductory^ chapters on the present system of pleading are excellent, and the precedents will be found very useful.*' LAW JOURNAL. " Good pleading in the present day demands literary talent, as well as legal knowledge. The art of composition is a rare accomplishment, even among welleducated men ; and so, when the Pl«'l''; "f caUed upon to state his case with brevity and lucidity, he is fairly overwhelmed with the task. *or the sake of these' incompetent writers-and they are, for obvious reasons, to be found among very learned and very clever law/ers-we welcome the work before us. A man who is a good lawyer and a ma^'" of the art of English composition will, perhaps, never trouhle himself to use this book. He will do his work quicker and better by mastering his fcase, and proceeding to state it in his own style. But the Se?enrscholars will cerimly derive very great help from this volume ; and we earnesfly commend it to ieir notice, not only for their own sakes, but also in mercy to the more delicate ^nd fesudiouseyes ^d ears of IfterLV lawyei For pupilS, also, and beginners, at the bar, the book will be very useful ; bfciiSe th"^n«« ha^g served an apjirenticeshlp to the old system, are vtry apt tb dmit altegations SsT^SliTcerSS cases toAe validity of a pleading. The authors of the book before us have introduced Seir cSlection of forms to the reader by an essay on pleading under the new rules ; and we think that a perusal of this essay, which is.written^in an attracu've.style. would, do a great J?=' "^ f"'* ,^°* " birristers and masters. ... The order of precedents is determined by their subject-matter,, and the Sj?4l?uhUcls folowaccoriing to the rule of alphabetical precedence. In the appends the i;ules oa lleator^i collec ed fn one view, and there is a full index to the work. We think that die authors have^Se^ed well of Se profession, and that they have produced a took hk= 7 to grow m favour even among those who at first might conceive a prejudice against a work of this kind. LAW MAGAZINE AND REVIEW. ■ "Messrs. Cunningham and Mattinson come forward opportunely to tsOce up 8™."?"! .^^i=^' t°" * f pas^tol ofth^ JudSfature Acts, seems to ^e awaiting the firstoccupant. A^°*^'''|J,J 'he «mp^^of S^ll portable volume, contains a brief Treatise on the Prmciples and ^''J^^ f±^}Sff3;^^t^%m^g fuUTannotated body of Forms which have to a great extent gone through the =n"™y ?f Pfrate sitting I>rn?«re^ of Chambers Court, and Judges' Chambers, cannot fail to be a most useful compamon m the ^racnWr-rSy rSt^e iS riadin«^ of reference, clearly^pne of the desiderata in such a book, has te^^mdled by the authors in their adoption of the alphabetical arrangement for the Precedents. SOLICITORS' JOURNAL. " The authors of the present work state in their preface that the various pleadings which are contained in the hodv of the work have, in nearly every case, been settled by counsel of standing at Ije bar, and S,^^^art of the record in cases that have been carried on up to trial, or actually tried, since the T,S^t.fre ACB caLe iSo op«ltion. Such pleadings, as the authors observe, possess the advantoge of w;^\^,sedthnid«Ke criticism of opposing counsel, and, in some cases, the ordeal of a contest at ^7i^5^,mhersorki«lrt Irfar as »^ can judge, the authors have exercised a careful and sound i^rtfSentrndie?rsel"ctiorThVwo" contains a tJeatis^ on the new rules of pleading which is well written W^wouU LTcomprSn. To most of the precedents there are notes deferring- to the decisions which 5?- ™n« useful to the SeV in connection witl. the particular cause of action invo ved. We are disposed tTtS^ thai thii U tL'^mS" aluabl^ portion of the Sork. Jt is extremely convement to have some work which collects notes of this sort in connection with pleading, Digitized by Microsoft© — — STEVENS & HATHEB, BELL TABS, TEUFLE BAB. In 8vo., price los., cloth, THE TAXATION QF COSTS IN THE OEOWN OFFICE. COMPRISING A COLLECTION OF Bills of Costs in the various matters Taxable in that Office; INCLUDING COSTS UPON THE PROSECUTION OF FRAUDULENT BANKRUPTS, AND ON APPEALS FROM INFERIOR COURTS; TOGETHER WITH A TABLE OF COURT FEES, AND A SCALE OF COSTS USUALLY ALLOWED TO SOLICITORS ON THE TAXATION OF COSTS ON THE CROWN SIDE OF THE QUEEN'S BENCH DIVISION OF THE HIGH COURT OF JUSTICE. By FREDK. H. SHORT, CHIEF CLBRK IN THE CROWN OFFICE. " This is decidedly ^ useful work on the subject of those costs which are liable to be taxed before the Queen's Coroner and Attorney (for which latter name that of * Solicitor ' might now well be substituted), or before the master of the Crown Office ; in fact, such a book is almost indispensable when preparing costs for taxation in the Crown Office, or when taxing an opponent's costs. Country solicitors will find the scale relating to bankruptcy prosecutions of especial use, as such costs are taxed in the Crown Office. The 'general ..observations* constitute a useful feature in this manual." — Zmw Times. "This book contains a collection of bills of costs in the various matters taxable in the Crown Office. When we point out that the only scale of costs available for the use of the general body of solicitors is that published in Mr. Corner's book on 'Crown Practice' in 1844, we have said quite enough to prove the utility of the work before us. . " tn them Mr. Short deals with 'Perusals/ 'Copies for Use,* ' Affidavits,* ' Agency,' ' Correspondence/ 'Close Copies.' 'Counsel,' 'Affidavit of Increase/ and kindred matters; and adds some useful remarks on taxation of 'Costs in Bankruptcy Prosecutions,' 'Quo Warranto^ * Mandamus! 'Indictments,* and 'Rules.* "We have rarely seen a work of this character better executed, and we feel sure that it will be thoroughly appreciated."— Z^rw Jourftal. "The recent revision of the old scale of costs in the Crown Office renders the appearance of this work particularly opportune, and it cannot fail to be welcomed by practitioners. Mr. Short gives, in the first place, a. scale of costs usually allowed to Solicitors on the taxation of costs in the Crown Office, and then bills of costs in various matters. These are well arranged and clearly printed." — Solicitors' journal. In one volume, 8vo., price 2Ss., cloth, THE LAW RELATING TO PUBLIC WORSHIP; WITH SPECIAL REFERENCE TO apatters of iUtml anO flDcnamentation, AND THE MEANS OF SECURING THE DUE OBSERVANCE THEREOF, AND CONTAINING IN EXTENSO, WITH NOTES AND REFERENCES, THE PUBLIC WORSHIP REGULATION ACT, 1874 ; THE CHURCH DISCIPLINE ACT; THE VARIOUS ACTS OF UNIFORMITY; THE LITURGIES OF 1549, 1552, and 1559, COMPARED WITH THE PRESENT RUBRIC; THE CANONS; THE ARTICLES; AND THE INJUNCTIONS, ADVERTISEMENTS, AND OTHER ORIGINAL DOCUMENTS OF LEGAL AUTHORITY. By SEWARD BRICE, LL.D., OF THE INNER TEMPLE, BARRISTER-AT-LAW. " To the vast number of people who in various ways are interested in the working of the Act, Mr. Bricis volume cannot fail to be welcome. It is well conceived and carefully executed." — The Times. Digitized Dy iviicrosonw STEVENS & EATKES, BELL YASI), TEMPLE BAB. 9 In one volume, 8vo., 1879, price 20s., cloth, A TREATISE ON THE RULES WHICH GOVERN THE CONSTRUCTION AND EFFECT OF STATUTORY LAW. WITH AN APPENDIX Of certain Words and Expressions used in Statutes, which have been Judicially or Statutably construed. By henry HARDCASTLE, of the inner temple, barrister-at-law. Editor of" Bushby's Election Law" "Hardcastle's Election Petitions" • and Joint-Editor of " Election Petition Reports!' " A vast amount of information will be found in its pages — much of it arranged so as to be got at without much difficulty. The chapters and sections being headed with lines of indication. We can only hope Mr. Hardcastle will receive that measure of success to which the amount of labour which he has evidently bestowed upon the work entitles him." — Law Times. " Its method and object are excellent, and it appears to be the fruit of much careful study." — Daily News, In one thick volume, 8vo., 1873, price 3!i over its rivals."— ^ ga^^^wy. 22 WOEKS POK LAW STUDENTS. Fifth Edition, in 8vo., 1880, price 25^., cloth, THE PRINCIPLES OF EQUITY. IntenOeti for t!)e Wi0t of fe)tuOeat0 anO t^e ^voiz00ion. By Edmund H. T. Snell, of the Middle Temple, Barrister-at-Law. FIFTH EDITION. TO "v^hioh: xs -A-xdid:e]d AN EPITOME OF THE EQUITY PRACTICE. SECOND EDITION, By Archibald Brown, M.A. Edin. and Oxon., and B.C.L. Oxon., of the Middle Temple, Barrister-at-Law ; Author of "A New Law Dictionary," "An Analysis of Savigny on Obligations," and the "Law of Fixtures." REVIEWS. " The changes introduced by the Judicature Acts have_ been well and fully explained by the present edition of Mr. Snell's treatise, and everything necessary in the way of revision has been conscientiously accomplished. We perceive the fruitful impress of the * amending hand ' in every page ; the results of the decisions under the new system have been carefully explained, and engrafted into the oiiginal text ; and in a word, Snell*s work, as edited by Mr. Brown, has proved the fallacy of Bentham's description of Equity as ' that capricious and inconsistent mistress of our fortunes, whose features no one is able ta delineate.* He has added a book, comprising 127 pages, on the present * Practice in Equity,' as to which he observes that it ' will be probably found by students very serviceable, and by practitioners very handy and convenient, seeing that it embodies the whole procedure (even in its minutest details), and at the same time collects it all together under efficient practical headings, with their sub-divisions, so much so^ that everything may be found in the * Practice ' without either difficulty of search or diversity of reference.' This, on the whole, accurately describes the general character and quality of that portion of the work ; but at the same time, we must say that it cannot well claim to be much more than a skilful ^ricis of the procedure as formttlated and prescribed by the Acts and Rules themsehjes^ with a few exceptions, but without anything like an expanded treatment such as might render that portion of the work equal to the portion dealing with the principles of equity. Suggested, however, by the necessities experienced by its writer in his own practice, it will doubtless prove useful to others in an equal degree ; and it certainly forms a valuable and much-needed supplement to Mr. Snell's work." — Irish Law Times, *' ' Snell's Equity,' as this work is so familiarly called, is a work which is probably known to students of the law in all countries where the English language is spoken, and, as a matter of fact, no one who attempts the study of Equity, can obtain a really proper insight into the science without a perusal, sooner or later, of this book. In 1868 the 'Principles of Equity * appeared for the first time. Ever since that date it has been the standard work on the subject. The Edition before us is the fourth that has appeared, and from the many additions and improvements that are embodied in it, it will, we are convinced, quite equal, if not increase, its hitherto well-deserved popularity. The present edition, unlike former ones, is divided into two Books. The first Book consists of the original * Principles ' in form and style similar to the edition first published by Mr. Snell, with the exception that some paragraphs have been entirely re-written and additions made to it, so as to bring it more in consonance with the existing state of the law. In its general character this part of the work js not much altered from former editions, as the many minor errors and deficiencies have been corrected, while the language used, and the contents of the book generally, have been worked up to the level of the new procedure introduced by the sweeping and important legislation which has beeneffectedduring the last five years. The second Book, comprising an * Epitome of the Equity Practice/ is an entirely new addition to the original work, and emanates from the pen of Mr. Archibald Brown, B.C.L. of Oxford, and of the Middle Temple, Barrister-at-Law, who has- handled his subject in an eminently able^ and satisfactory manner. This * Practice in Equity' embodies the whole procedure in its minutest details, and will, doubtless, be found most serviceable to practitioners as well as to students. Leaving out of question the use which this part of the work will be to the practitioner, there can be no doubt that to students the whole book will be as indispensable in the future as it has been in the past ; and, as regards the second part, namely that portion of the work which relates to Equity Practice, we have no doubt that a proper knowledge of it will enable a student to successfully pass any examinations in the subject, whether it be at the Universities, at the Inns of Court, or in the Hall of the Incorporated Law Society." — Oxford and Ca^nhridge Uftdergraduates' JoumaU " We know of no better introduction to the Principles of Equity, ^^ — Canada Law Journal. "Within the ten years which have elapsed since the appearance of the first edition of this work, its reputation has steadily increased, and it has long since been recognised by students, tutors and practitioners, as the best elementary treatise on the important and difficult branch of the law which forms its subject. In editing the fourth edition, Mr. Brown, while 'working up the language and contents of the book to the level of the new procedure introduced by the Judicature Acts,' noting changes of the law, and correcting minor errors, has wisely abstained from interference with the general character of the work, which equally with its lucidity and trustworthiness has shared in gaining the approval of the profession. But he has added a new feature in an Epitome of the Practice in Equity which forms a valuable comple- ment to the * Principles,' equally useful to the young practitioner and to the student, by whom Principles and Practice should be concurrently studied. We think Mr. Brbwn is to be congratulated on having produced a really useful Epitome, which while not attempting to supersede the larger Practices, will be found a safe guide to the ^'^^'^'/^^.4?J^]l^*U".%^SiB?9f5^^^ Magazine atid Review, WOBKS FOE LAW STUDENTS. 23 In one volume, 8vo., 1874, pnce iSj., cloth, PRINCIPLES OF CONVEYANCING. AN ELEMENTARY WORK FOR THE USE OF STUDENTS. By Henry C. Deane, of Lincoln's Inn, Barrister-at-Law, sometime Lecturer to tlie Incorporated Law Society of the United Kingdom. ** Mr. Deane 5s one of the Lecturers of the IncorpoTated Law Society, and in his elementary work intended for the use of students, he embodies some lectures given at the hall of that society. It would weary our readers to take them over the ground necessarily covered by Mr. Deane. The first part is devoted to Corporeal Hereditaments, and the second to Conveyancing. The latter is prefaced by a very interesting 'History of Conveyancing,' and for practical purposes the chapter (Ch. a. Part II.) on Conditions of Sale is decidedly valuable. The most recent legislation is handled by Mr. Deane in con- nexion with the old law, the Judicature Act and die Vendor and Purchaser Act both being considered in 'this chapter on Conditions of Sale. We might make some interesting quotations, but the work is one which those engaged in conveyancing should purchase and put on their shelves, and welcome it with the recommendations which we have already recorded."— Zaw Times. " We hope to see this book^ like SnelPs Equity, a standard class-hook in all Law Schools where English law is taught" — Canada Law Journal. " Mr. Deane has, we believe, succeeded in writing the very simplest work ever published on the abstruse subject of conveyancing ; and has by his language and illustrations, explained points of law in a way that cannot be misunderstood. For this reason, and as being the most elementary work combining the elements of real property law with the principles of practical conveyancing, we can heartily recommend it as a first book on the subject of which it treats. As such we should think it woi^d be both worthy and suitable to be named as one of the books that are required to be read as a preparation for the various Law Examinations." — The Law. " It seems essentifdly the book for young convey- ancers, and will, probably, in many cases supplant Williams. It is, in fact, a modern adaptation of Mr. Watkin's book on conveyancing, and is fully equal to its prototype."—- /rff^ Laiv Times. **A general review of the scope of Mr. Deane's volume and a perusal of several of its chapters have brought us to the conclusion that,_ though its contents are purely elementary, and it contains nothing which is not familiar to the practitioner, it may be extremely useful to students, and especially to those gentlemen who are candidates for the various legal examinations. There are so many questions set now on case law that they would do well to peruse this treatise of Mr. Deane's, and use it in conjunction with a book of questions and answers. They will find a considerable amount of equity case law, especially in the second part of Mr. Deane's book, which comprises in substance some lectures delivered by the author at the Law Institution. "-^Zaw journal. " The first part of the volume is composed of a. series of chapters -on corporeal hereditaments, and the second part of some lectures on conveyancing recently delivered by the author at the Law Insti- tution. It is enough to say that Mr. Deane writes clearly and to the yoint." —Saiuniay Review. In 8vo., price dr., cloth, , A Summary of the Law and Practice in Admiralty. FOR THE USE OF STUDENTS. ' By EUSTACE SMITH, Of the Inner Temple ; Author of " A Summary of Company Law." In 8vo., price cloth, A Summary of the Law and Practice in the Ecclesiastical Courts. FOR THE USE OF STUDENTS. By EUSTACE SMITH, ' Of the Inner Temple ; Author of " A Summary of Company Law," and " A Summary ofa@'EHefififflJ?naitffQea6QSfi^ralty." 24 WOEKS rOE LAW STTIDEKTS.: In one volume, 8vo., price 20s., cloth, PEINCIPLES OF THE COMMON LAW. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. By JOHN INDERMAUR, Solicitor, AUTHOR OF "a MANUAL OF THE PRACTICE OF THE SUPREME COURT," " EPITOMES OF LEADING CASES," AND OTHER WORKS. " T/iis work, the author tells us in his Preface, is written mainly with a view to the examinations of the Incorporated Law Society ; but we think it is likely to attain a wider usefulness. It seems, so far as we can judge from the parts we have examinedf to be a careful and clear outline of the principles of the common law. It is very readable ; and not only students, but many practitioners and the public might benefit by a perusal of its pages." — Solicitors' Journal. " Mr. Indermaur has very clear notions of what a lavr student should be taught to enable him to pass the examinations of the Incorporated Law Society. In this, his last work, the law is stated carefully and accurately, and the book will probably prove acceptable to students." — Law Times. " Mr. Indermaur's book will doubtless be found a useful assistant in the legal pupil room. The statements of the law are, as far as they go, accurate, and have been skilfully reduced to the level of learners. Mr. Indermaur possesses one great merit of an instructor — he is able to bring out the salient points on wide subjects in a telling manner." — Law Journal, " Mr. Indermaur has acquired a deservedly high reputation as a writer of convenient epitomes and compendiums of various branches of the Law for the use of students. Within the limits which the author has assigned to himself, he has certainly given proof of praiseworthy industry, accuracy, and clearness of exposition, which cannot fail to be of the greatest advantage to the law student. The practising solicitor will also find this a very useful compendium. Care has evidently been taken to note the latest decisions on important points Of law. A full and well-constructed Index supplies every facihty for ready reference." — Law Magazine. " The works of Mr. Indermaur are the necessary outcome of the existing system of legal education, and are certainly admirably adapted to the needs of students. We observe that, in the preface to his Principles of the Common Law, the author announces that he had a collateral object in view — viz., to produce a work useful to tlie practitioner. To sessional practitioners, and those whose libraries are limited, we have no doubt that this work will prove a useful acquisition ; but its special merit appears to us to be that it most adequately achieves that which was the author's principal object — namely, to supply a book upon the subject of Common Law which, wliilst being elementary and readable on the one hand, yet also goes sufficiently into the subject to prepare students for examination. The author, who possesses a well-established reputation as a law tutor, and as an able and indefatigable writer of books for students, certainly knows precisely just what it is that students require, and that desideratum he has fully supplied. We might suppose that the work itself was the didactic embodiment of the prize answers to a voluminous code of examination questions on the subject of common law ; and presenting, as it does, a lucid, careful, and accurate outline of the elementary principles applicable to contracts, torts, evidence, and damages, such a work cannot fail to prove abundantly useful to the student." — Irish Law Times. Di gitized hy Mic^'^^f^'^ WOBKS FOE LAW STUDENTS. 25 In 8vo., 1878, price lor., cloth. k MANUAL OF THE PRACTICE OF THE SUPREME COURT OF JUDICATURE, In the Queen's Bench, Common Pleas, Exchequer, and Chancery Divisions. Intended for the use of Students. By John Indermaur, Solicitor. " This is a very useful student's book. It is clearly written, and gives such information as the student requires, without bewildering him with details. The portion relating to the Chancery Division forms aa excellent introduction to the elements of the practice, and may be advantageously used, not only by articledjclerks, but also by pupils entering the chambers of equity drsStsmea."—Salzciters' journal. Intended for the use of students, this book is executed with that accurate knowledge and care which distmguish Mr. Indermaur. It treats carefully of the steps to be tkken in the several divisions, and in the appendix is given a table of some of the principal times of proceedings. Not only the student but the practitioner will find this little volume of use."— Zaiw Times. Mr. Indermaur's treatise is addressed to the attention of students ; and what student but knows that the name of that author is a guarantee of the uiility of any work so presented f His ' Manual of Practice,' while avoidmg unnecessary details, furnishes a concise but complete elementary view of the procedure in 4 ^"""^^ ^"•'^ Common Law Divisions of the High Court of Justice under the English Judicature Acts ; and certainly any examination on the subject must be very unreasonable that a student who has mastered Mr. Indermaur's perspicuous reading on the practice could fail to pass."— /ra/2 Law Times. Fourth Edition, in 8vo., 1877, price (ss., cloth, AH EPITOME OF LEADING COMMON LAW CASES; WITH SOME SHORT NOTES THEREON. Chiefly intended as a Guide to "Smith's Leading Cases." By John Indermaur, Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872). " We have received the third edition of the * Epitome of Leading Common Law Cases,' by Mr. Inder- maur, Solicitor. The first edition of this work was published in February, 1873, the second in April, 1874, and now we have a third edition dated September, 1875. No better proof of the value of this book can be fur- nished than the fact that in less than three years it has reached a third edition." — Law youmal. Third Edition, in 8vo., 1877, price 6j., cloth, AM EPITOME OF LEADING GONVEYANOING AND EQUITY GASES; WITH SOME SHORT NOTES THEREON, FOR THE USE OF STUDENTS. By John Indermaur, Solicitor, Author of "An Epitome of Leading Common Law Cases." " We have received the second edition of Mr. Indermaur's very useful Epitome of Leading Convey- ancing and Equity Cases. The work is very well done." — Laiu Times. " The Epitome well deserves the continued patronage of the class — Students — for whom it is especially intended. Mr. Indermaur will soon be known as the * Students' Friend;' " — Canada Law Journal. Third Edition, in 8vo., 1880, price , cloth, SELF'PREPARATION FOR THE FINAL EXAMINATION. CONTAINING A COMPLETE COURSE OF STUDY, WITH STATUTES, CASES, AND QUESTIONS; And intended for the use of those Articled Clerks who read by themselves. By John Indermaur, Solicitor. •* In this edition Mr. Indermaur extends his counsels to the whole period from the intermediate examination to the iinal. His advice is practical and sensible : and if the course of study he recommends is intelligently followed, the articled clerk will have laid in a store of legal knowledge more than sufficient to carry him through the final &x&mma.tion." —Saltcitars* journal. " This book contains recommendations as to how a complete course of study for the above examination should be carried out, with reference to the particular books to be read seriatmi. We need only remark that it is essential for a student to be set on the right tack in his reading, and that gny one of ordinary ability, who follows the course set out by Mr. Indermaur, ought to pass with great credit,"— Zaw yourtiai. In Svo,, 1875, price 6^., cloth, THE STUDENT'S GUIDE TO THE JUDICATURE ACTS. AND THE RULES THEREUNDER : Being a book of Questions and Answers intended for the use of Law Students. By John Indermaur, Solicitor. "As the result of the well-advised method adapted by Mr. Indermaur, we have a Guide which will unquestionably be found most useful, not only to Students and Teachers for the purpose of examination, but to anyone desirous of acquirkg a ?Tsi ^iraiuaj-.tOTcesiae %»ij|i lbs new system." — Irish Law Times. 26 ■WORKS FOE LAW STUDENTS. In one volume, 8vo., price 2ij., cloth, A. NEW LAW DICTIONARY, AND Institute of ti)e toijole ILato ; EMBRACING FRENCH AND LATIN TERMS, AND REFERENCES TO THE AUTHORITIES, CASES, AND STATUTES. By ARCHIBALD BROWN, M.A. Kdin. and Oxon., and B.C.L. Oxen., of the Middle Temple, Barrister-at-Law; Author of the " Law of Fixtures," " Analysis of Savigny's Obligations in Roman Law," &c. " Mr. Brown has succeeded in the first essential, that of brevity. He has compressed into a wonderfully small compass a great deal of matter. Our im- pression is that the work has been carefully executed." — SOLICITORS' JOURNAL. "This work, laborious and difficult as it was, has been admirably carried out, and the work is really what it professes to be, a complete compendium. An index to a dictionary is a novelty, but from the excep- tional nature of the contents an index was likely to be most useful, and accordingly Mr. Brown has prefixed to the book a copious index by which a student can at once turn to the main body of the work and obtain the information he requires. Authorities and cases are abundantly cited, and Mr. Brown can claim with justice to call his book an institute of the whole law." — Standard. " In a modest preface Mr. Brown intro- duces us to a rather ambitious work. He has endeavoured to compress into less than four hundred pages the whole law of Eng- land, and has evidently bestowed much pains on the execution of the task. He does not, however, aim at anything higher than rendering a service to students prepar- ing for the Bar or for the lower branch of the profession, and there can be no doubt that he has produced a book of reference which will be usefiil to the class he has had in view. Mr. Brown has perhaps done about as much as any one, not a rare genius, could do, and his Dictionary will be serviceable to those who are in want of hints and references, and are content with a general idea of a law or legal principle. It is a handy book to have at one's elbow." — Saturday Review. " This book has now been for some time published, and we have had many opportunities of referring to it. We find it an admirable Law Dictionary, and something more, inasmuch as it contains elaborate historical and antiquarian analyses of our legal system under the several headings. The student and the literary man will find the book very useful in reading and writing. Indeed the people who are not lawyers, but who nevertheless feel a desire or are under a necessity to use legal terms, or who meet them, in their course of study, cannot do better than obtain a copy of this work and use it judiciously j they will thereby be enabled to avoid the ludicrous errors into which novelists in particular, and public speakers too, are often led by the inappropriate use of terms whose meanings they do not perfectly comprehend." — Irish Law Times. In 8vo., price 12^., cloth, THE LAW OF FIXTURES. Third Edition. Including the Law under the AGRICULTURAL HOLDINGS AGT, 1875, Incorporating tJie i>rincipal American Deciswns, and generally bringing the law down to the fresent time. By ARCHIBALD BROWN, M.A. Edin. and Oxon, and B.C.L. Oxon, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. and claims the attention of legal draftsmen and solicitors. We have touched on the principal features of this new edition, and we have not 5i)ace for further remarks on the hook itself: but we may observe that the particular circumstances of the cases cited arc in all instances sufficiently detailed to make the principle of law clear ; and though very many of the principles given are in the very words of the judges, at the same time the author has not spared to deduce his own observations, and the treatise is commend- able as well for originality as for laboriousness. " Digitized by Miofo'^6^'' " The decisions given since the second edition of this work -was published in the important cases oi Ex parte Daglish, in re Wilde, and Ex iarte Barclay, in re Joyce, and several other further decisions of the Courts on the Law of Fixtures, have rendered a third edition desirable. The author has taken the opportunity to recast the general form of his treatise. ... We have already adverted to the recent cases of Ex parte Daglisk, in re Wilde, and Ex parte Barcloji, in re Joyce. The author treats of them at some length ; and the condusicu at which he arrives is very important. "WOHKS rOB LAW STUDENTS. 27 In 8vo., price 20s., cloth, PRINCIPLES OF THE CRIMINAL LAW. INTENDED AS A LUCID EXPOSITION OF THE SUBJECT FOR THE USE OF STUDENTS AND THE PROFESSION, By SEYMOUR F. HARRIS, B.C.L., M.A., Of Worcester College, Oxford, and the Inner Temple, Barrister-at-Law ; Author of " A Concise Digest of the Institutes of Gains and Justinian." REVIEWS. ' There is no lack of Works on Criminal Law, but there was room for such a useful handbook of Principles as Mr. Seymour Harris has supplied. Accustomed, by hispevious labours, to the task of analysing the law, Mr. Harris has brought to bear upon his present work qualifications well adapted to secure the successful accomplishment of the object which he had set before him. That object is not an ambitious one, for it does not pretend to soar above utility to the young practitioner and the student. For both these classes, and for the yet wider class who may require a book of reference on the subject, Mr. Harris has produced a clear and convenient Epitome of the Law. A noticeable feature of Mr. Harris's work, which is likely to prove ^assistance both to the practitioner and the student, consists of a Table of Offences, with their legal character, their punishment, and the statute under which it is inflicted, together with a reference to the pages where a Statement of the Law will be found" — Law Magazine and Review. ' ** This work purporte to contain * a concise exposition of the nature o! crime, the various offences punishable by the English law, the law of criminal procedure, and the law of summary convictions,' with tables of o£fences, punishments, and statutes. The work is divided into four books. Book I. treats of crime, its divisions and essentials ; of persons capable of committing crimes ; and of principals and accessories. Book II. deals with oifences of a public nature ; offences against private persons ; and offences against the property of individuals. Each crime is discussed in its turn, with as much brevity as could well be used consistently with a proper explanation of the legal characteristics of the several offences. Book III. explains criminal procedure, including the jurisdiction of Courts, and the various steps in the apprehension and trial of criminals from arrest to punishment. This part of the work is extremely well done, the description of the trial being excellent, and thoroughly calculated to impress the mind of the uninitiated. Book IV. contains a short sketch of ' summary convictions before magistrates out of quarter sessions.' The table of offences at the end of the volume is most useful, and there is a very full index. Altogether we must congratulate Mr. Harris on his adventure." — Law Journal. " Mr, Harris has undertaken a work, in our opinion, so much needed that he might diminish its bulk in the next edition by obliterating the apologetic preface. The appearance of his voluTne is as well timed as its execution is satisfactory. The author has shown an ability of omission which is a good test of skill, and from the overwhelming mass of the criminal law he has discreetly selected just so m.uch only as a learner needs to know, and has presented it in terms which render it capable of being easily taken into the mind. The first half of the volume is devoted to indictable offences, which are defined and explained in succinct terms ; the second half treats of the prevention of offences, the courts of criminal jurisdiction, arrest, preliTninary proceedings before magistrates, and modes of prosecution and trial ; and a brief epitome of the laws of evidence, proceedings after trial, and summary convictions, with a table of offences, complete the book. The part on procedure will be found particularly useful. Few young counsel, on their first appearance at sessions, have Tnore than a loose and general notion of the manner in which a trial is condiicted, and often commit blunders which, although trifling in kind, are nevertheless seriously discouraging and annoying to themselves at the outset of their career. From even such a blunder as that of mistaking the order in which the speeches are made and witnesses examined, they may be saved by the table of instructions given here." — SoLlCl.TORS' JOURNAL. " Le livre de M. Seymour F. Harris est un manuel de droit criminel destin^ aux ^tudiants en droit et aux praticiens. II contient une exposition concise mais complete, sobre mais tres-claire des faits punissables, des peines ^dict^es par la loi, de I'organisation des juridictions criminelles et de la mani^re de proc^der devant elles. Ce qui est stu-tout pr^cieux pour ceux auxquels cet ouvrage est destin^, c'est une table mdthodique des faits punis par la loi, des pernes qui leur sont applicables et des lois qui les prononcent. Cette table et Vindication, au bas de chaque page, du texte de loi dont le rdsum^ est donnd dans le livre, rendront cet ouvrage indispensable k ceux qui, dans ce pays, veulent connaitre cette loi criminelle anglaise qui s'6carte tant de la legislation frangaise, et qui est toujours Tobjet de la curiositd en meme temps que de Tadmiration. D'ailleurs, en ce moment oil Ton soul&ve tant de questions touchant la repression p^nale, cette £tude du droit criminel anglais est devenue indispensable. On ne pourra mieux la faire que dans le manuel de droit criminel dont nous parlons ici et que nous ne louons que comme il le mdrite." — Revue G^«j^4^ /^w^^, ii8^£. , , , ' : ,\ , " j 28 W0BE8 FOB LAW SI1TSENTS. In one volume, 8vo., price gj. cloth, LEADING STATUTES SUMMARISED, FOR THE USE OF STUDENTS. By ERNEST C. THOMAS, Bacon Scholar of the Hon., Society of Gray's Inn, late Scholar of Trinity College, Oxford ; Author of "Leading Cases in Constitutional Law Briefly Stated." *' Will doubtless prove of much use to students for whom it is intended. . . . "^ . Any student who, with this brief summary as a guide, carefully studies the enactments themselves in the Revised Edition of the Statutes, cannot fail to gain a very considerable acquaintance with every branch of English law." — Law Magazi7ie, *' Mr. Thomas has done a useful piece of work in compiling a little book which is not intended to save students the trouble of looking at the statutes for themselves, but which^ will be valuable both to guide them through * the single sentences of enormous length,* of which Sir James Stephen has spoken, and as a convenient book of reference." — Saturday Review. " This is an ingenious work. The author, feeling that students, like a good many more experienced persons, are rather bothered with the gigantic bulk of our statute law, has hit upon the idea of picking out more than one hundred statutes of general practical importance, and giving a summary of them. He divides these into three classes, and places them under the titles, ' Common Law,' ' Criminal Law,' and ' Equity and Conveyancing.' There is an index to the volume, which enables the reader to find at once the Act he wants ; and the summaries seem to be accurate and sufficiently full. Of course the book belongs to the hst of ' cram ' instructors ; but it has merits beyond those of mere help to examination."— Law jfournal- In 8vo., price 6s., cloth, LEADING CASES IN CONSTITUTIONAL LAW BRIEFLY STATED, WITH INTEODUCXION, EXCTJESUSES, AHD NOTES. By ERNEST C. THOMAS, Bacon Scholar of the Hon. Society of Gray's Inn, late Scholar of Trinity College, Oxford. " Mr. E. C. Thomas has put together in a slim octavo a digest of the principal cases illustrating Con- stitutional Law, that is to say, all questions as to the rights or authority of the Crown or persons under it, as regards not merely the constitution and structure given to the governing body, but also the mode in which the sovereign power is to be exercised. In an introductory essay Mr. Thomas gives a very clear and intelligent survey of the general functions of ihe Executive, and the principles by which they are regulated ; and then follows a summary of leading cases." — Saturday Review, . ''Mr. Thomas gives a sensible introduction and a brief epitome of, the familiar leading cases."— Law Times. In 8vo., price &f., cloth, AN EPITOME OF HINDU LAW CASES, AVITH SHORT NOTES THEREON, And Introductory Chapters on SOURCES OF LAW, MARRIAGE, ADOPTION, PARTITION, AND SUCCESSION. By WILLIAM M. P. COGHLAN, BOMBAY CIVIL SERVICE, JUEJGE AND SESSIONS JUDGE OF TANNA. "Apart, altogether, from their professional value, these introductory chapters are interesting to the layman, as presenting a series of curiotisly exact photographs of every day Hindu life, which are further illustrated by the rulings oP*the various High Courts. We have only space to direct the readers' attention to the chapters on marriage, and the cases cited, for we made use of this text-book among others in discussing the Hindu marriage laws in our columns last year. Mr. Coghlan is well known as the Judge and Session Judge of Tanna, and as one of the closest students of Hindu life as well as of Hindu law. His volume is already a text-book to the students of Hindu law in England, and should also find a welcome here from practitioners, and even, through the intrinsic interest of the subject and the ability of treatment, from those general readers who may be interested in Indian matters," — Times of India. " Mr. Coghlan, Judge and Sessions Judge of Tanna, has prepared an epitome of some Hindoo law cases as a guide to the law reports and to the standard text-books. Apart from its professional vsJue, it presents a curious picture of Hindoo customs and ideas on various subjects, such as marriage, family ties, &c." — Saturday Review, Digitiz e d by Microsoft© STEVENS & HAYNES, BELL YAED, TEMPIE BAB, 29 In a handy volume, price S^., cloth, RAILWAY PASSENGERS & RAILWAY COMPANIES: ^txt 2Dutie0, 10lig!)tg( anO Hiabilitie^* By LOUIS ARTHUR GOODEVE, of the Middle Temple, Barrister-at-Law. " Mr._ Goodeve's little book is a concise epitome of the Acts, Bye-laws, and Cases relating to passengers and their personal luggage. It is clearly -written, and the reader is able speedily enough to find any point upon which he desires to inform, himself."— Z-«w Journal. "Mr. Goodeve has rendered a service to the public in making a digest of the law relating to railway passengers, including the respective duties, rights, and liabilities of the Companies on the one hand and passengers on the other, as laid down by the statutes and the decisions of the Superior Courts. The various points are treated in a dear yet concise manner ; and it is to be hoped that this little work will be widely studied so that people may know what are their rights, and take steps to maintain them."— Saturday Review. *' After reading the volume with great interest, we can only say that it is clear, compact, and accurate. Passengers who want reliable information should consult this \iQ<^P —Sheffield Post, EUKOPEAir AEBITEATIOIT. Part I., price Is. 6d., sewed, LORD WESTBURY'S DECISIONS. Reported by Francis S. Reilly, of Lincoln's Inn, Barrister-at-Law. ALBERT AEBITEATIOH'. Parts I., IL, and III., price 25^., sewed, LORD GAIRNS'S DECISIONS:, Reported by Francis S. Reilly, of Lincoln's Inn, Barrister-at-Law. In 8vo., price 21s., cloth, A TREATISE ON THE STATUTES OF ELIZABETH AGAINST FRAUDULENT CONVEYANCES. The Bills of Sale Registration Acts, and the Law of Voluntary Dispositions of Property generally. By H. W. may, B.A. (Ch. Ch. Oxford), and of Lincoln's Inn, Barrister-at-Law. " This treatise has not been published before it was wanted. The statutes of Elizabeth against fraudulent conveyances have now been in force for more dian three hundred years. The decisions under them are legion in number, and not at all times consistent with each other. An attempt^ to reduce die mass of decisions into something like shape, and the exposition of legal principles in- volved in the decisions, under any circumstances, must have been a work of great labour, and we are pleased to observe that in the book before us there has been a combination of unusual labour with considerable professional skill. . . . We can- not conclude our notice of this work without saying that it reflects great credit on the publishers as well as the author. The facilities afforded by Messrs. Stevens and Haynes for the publication of treatises by rising men in our profession are deserving of ail praise. We feel assured that they do notlightly lend their aid to works presented for publication, and that in consequence publication by such a finn is Xq some extent a guarantee of the value of the work published."— C«»ffi& LofWiy^i^TMhs^d ijy ■ " Examining Mr. May's book, we find it con- structed with an intelligence and precision which render it entirely worthy of being accepted as a guide in this confessedly difficult subject. The - subject is an involved one, but with clean and clear handling it is here presented as clearly as it could be. - • • On the whole, he has produced a very useful book of an exceptionally scientific character." —Solicitors^ youmal. " The subject and the work are both very good. The former is well chosen, new, and interesting ; the latter has the quality which always distin- guishes original research from borrowed labours." — American Law Review. *' Wc are happy to welcome his {Mr. May's) work as an addition to the, we regret to say, brief cata- logue of law books conscientiously executed. We can corroborate his own description of his labours, * that no pains have be6n spared to make the book as concise and practical as possible, without doing so at the expense of perspicuity, or by the omission o t rin J i-rr^ciriant points.' " — Law Times; 30 ST£7£NS & HATNES, BELL YABQ, TEMPLE BAB. In one volume, 8vo., price 25^., cloth, AN ESSAY THE RIGHTS OF THE CROWN PRIVILEGES OF THE SUBJECT 3fn t|)e ^ea ^borcs of tit Eealm. By Robert Gream Hall, of Lincoln's Inn, Barrister-at-Law. Second Edition. Revised and corrected, together with extensive Annotations, and references to the later Authorities in England, Scotland, Ireland, and the United States. By Richard LOVELAND LOVELAND, of the Inner Temple, Barrister-at-Law, " This is an interesting and valuable book. It treats of one of those obscure branches of the law which there is no great inducement for a legal writer to take up Mr. Hall, whose first edition was issued in 1830, was a writer of considerable power and method. Mr. Loveland's editing reflects the valuable qualities of the ' Essay ' itself. He has done his work without pretension, but in a solid and efficient manner. The 'Sum-- mary of Contents ' gives an admirable epitome of the chief points discussed in the 'Essay,' and •indeed, in some twenty propositions, supplies a useful outline of the whole law. Recent cases are aioted at the foot of each page with great care and accuracy, while an Appendix contains much valu- able matter ; including Lord Hale's treatise Z)£ 'Jure MariSf about which there has been so much controversy, and Serjeant Merewether's learned argument on the rights in the river Thames. The book will, we think, take its place as the modern authority on the subject." — Law JoumaU "The treatise, as originally published, was one of considerable value, and has ever since been quoted as a standard authority. But as time passed, and cases accumulated, its value diminished, as it was necessary to supplement it so largely by reference to cases since decided. A tempting opportunity was, therefore, offered to an intelligent editor to supply this defect in the work, and Mr. Loveland has seized it, and proved his capacity in a very marked manner. As very good specimens of anno- tation, showing clear judgment in selection, we may refer to the subject of alluvion at page xog, and the rights of fishery at page 50. At the latter place he begins his notes by stating under what expressions a 'several fishery' has been held to pass, pro- ceeding subsequently to the evidence which is sufficient to support a claim to ownership of a fishery. The important question under what cir- cumstances property can be acquired in the soil between high and low water mark is lucidly dis- cussed at page 77, whilst at page 81 we find a pregnant note on the property of a grantee of wreck in goods stranded within his liberty. " We think we can promise Mr. Loveland the reward for which alone he says he looks^^hat this edition of Hall's Essay will prove a most decided assistance to those engaged in cases relating to the foreshores of the country." — Law Times, " The entire book is masterly," — Albany Law Journal, In one volume, 8vo., price laj., cloth, A TREATISE ON THE LAW RELATING TO THE POLLUTION AND OBSTRUCTION OF WATER COURSES; Together with a Brief Summary of the Various Sources of Rivers Pollution- By CLEMENT HIGGINS, M.A., F.C.S., OF THE INNER TEMPLE, BARRISTER-AT-LAW. "As a compendium of the law upon a special and rather intricate subject, this treatise cannot but prove of great practical value, and more especially to those who have to advise upon the institution of proceedings under the Rivers Pollu- tion Preventive Act, 1876, or to adjudicate upon those proceedings when brought." — Iris^ Law Times. "We can recommend Mr. Higgins' Manual as the best guide we possess."-^/'«i^:c HeaWu " County Court Judges, Sanitary Authorities, and Riparian Owners will find in Mr. Higgins Treatise a valuable aid in obtaining a clear notion of the Law on the subject. Mr. Higgins has accomplished a work for which he wiir readily be recognised as having special fitness, on account of his practical acquaintance both with the'scientific and the legal aspects of his subject."— Law Maga^ zine and Review. " The volume is very carefulljr arranged through- out, and will prove of great utility both to miners and to owners of land on the banks of rivers." — .T/ie Mining- youmal. " Mr. Higgins writes tersely and clearly, while his facts are so well arranged that it is a pleasure to refer to his book for information ; and altogether the work is one which will be found very useful by all interested in the subject to which it relates." —'Etfgineer. "A compact and convenient manual of the law on the subject to which it rclates."-sS"c7/w«V(7rj' jfoumal. Digitized by Microsoft© STEVENS & HAYNES, BELL TABS, TEUFLE BAS. 31 In 8vo., Third Edition, price 25^., cloth, MAYNE'S TREATISE LAW OF DAMAGES BY JOHN D. MAYNE, Of the Inner Temple, Barrister-at-Law ; LUMLEY SMITH, Of the Inner Temple, Barrister-at-Law. ■ ^' During the twenty -two years which have elapsed since the publication of this well-known work, its reputaUon has been steadily growing, and it has long since become the recognised authority on the important subject of which it treats^^ — Law Magazine AND Review. "This edition of what has become a standard work has the advantage of appearing under the supervision of the original author as well as of Mr. Lumley Smith, the editor of the second edition. The result is most satisfactory. Mr, Lumley Smith's edition was ably and conscientiously pre- pared, and we are glad to find that the reader still enjoys the benefit of his accuracy and learning. At the same time ^e book has, doubtless, been improved by the reappearance of its author as co- editor. The earlier part, indeed, has been to a considerable extent entirely rewritten. ^ *• Upon the general principles, according to which damages are to be assessed in actions of contract, HadUy v. Baxendale (9 Ex. 341) still remains the. leading authority, and furnishes the text for t^e discussion contained in die second chapter of Mr. Mayne's book. Properly understood and limited, the rule proposed in that case, ^though in one respect not very happily worded, is a sound one, and has been repeatedly approved both in England and America. The subsequent decisions, which are concisely summarized by Mr. Mayne, have established tbat mere knowledge of special circumstances is not enough, unless it can be in- ferred from liifi whole transaction that the contractor consented to become liable to the extra dams^e. This limitation is obviously just, especially in the case of persons, such as common carriers, who have no option to refuse the contract. Mere knowledge on dieir part of special circumstances ought not, and, according to the dicta, of the judges in the Exchequer Chamber in Horjte v. Midland Railway Company (21 W. R. 481, L. R. 8 C. P. 131), would not involve the carrier in additional responsibility. Mr. Mayne's criticism of the numerous cases in which this matter has been considered , leaves nothing to be desired, and the rules he deduces therefrom (pp. 32, 33) appear to us to exhaust the subject. " Mr. Mayne's remarks on damages in actions of tort are brief. We agree with him that in such actions the courts are governed by far looser princi' pies than in contracts ; indeed, sometimes it is impossible to say they are governed by any princi- ples at all. In actions for injuries to the person or reputation, for example, a judge cannot do more than give a general direction to the jury to give what the facts proved in their judgment required. And, according to the better opinion, they may give damages 'for example's sake,' and mulct a rich man more heavily than a poor one. In actions for injuries to property, however, ' vindictive * or 'exemplary' damages cannot, except in very rare cases, be awarded, but must be limited, as in con- tract, to the actual harm sustained. "The subjectof remoteness of damage is treated at considerable length by Mr. Mayne, and we notice that much new matter has been added. Thus the recent case of Riding v. Smith (24 W. R. 487, i Ex. D. gz) furnishes the author with an opportunity of discussing the well-known rule in Ward v. Weeks {7 Bing. 211) that injury resulting from the repetition of a slander is not actionable. The rule has always seemed to us a strange one^ if a man is to be made responsible for the natural consequences of his acts. For every one who utters a slander may be perfectly certain that it will be repeated. *' It is needless to comment upon the arrangement of the subjects in this edition, in which no alteration has been made. The editors modestly express a hope that7all the English as well as the principal Irish decisions up to the date have been included, and we believe from our own examination that the hope is well founded. We may regret that, warned by the growing bulk of the book, the editors have not included any fresh American cases, but we feel that the omission was unavoidable. We should add that the whole work has been thoroughly revised."— Solicitors^ JourHol, *' This text-book is so well known, not only as the highest authority on the subject treated of but as one of the best text-books ever written, that it would be idle for us to speak of it in the words of commendation that it deserves. It is a work that no practising lawyer can do without.'''' — Canada Law Journal, . ^ Digitized by Microsoft© ^- 32 STEVENS & HAYNES, BELL YABD, TEMPLE BAB. In 8vo., price 2s., sewed, TABLE of the FOEEIGN MERCANTILE LAWS and CODES in Force in the Principal States of EUROPE and AMERICA. By Charles Lyon-Caen, Professeur agr^g^ k la Faculte de Droit de Paris ; Professeur a I'Ecole libra des Sciences politiques. Translated by Napoleon Argles, Solicitor, Paris. In one volume, demy 8vo., price los. 6d., cloth, PRINCIPLES OF THE LAW OF STOPPAGE IN TRANSITU RETENTION, AND DELIVERY. By JOHN HOUSTON, of the Middle Temple, Barrister-at-Law. " We have no hesitation in saying, that we think Mr. Houston's book will he a very useful accession to the library of either the merchant or the lawyer." —Solicitors' youmal. " We have, indeed, met with few works which so successfully surmount the difficulties in the way of this arduous undertaking as the one before us ; for the Ianguap;e is well chosen, it is exhaustive of the law, and is systematised with great method.*' — Afnerican Law Review. In 8vo., price los. 6d., cloth, A KEPORT OF THE CASE OF THE QUEEN v. GURNEY AND OTHERS. In the Court of Queen*s Bench before the Lord Chief Justice Cockburn. With *an Introduction, containing a History of the Case, and an Examination of the Cases at Law and Equity applicable to it ; or Illustrating the Doctrine of Com- mercial Fraud. By W. F. Finlason, Barrister-at-Law. , . "It will probably be a very long time before the prosecution of the Overend and Gurney directors is forgotten. It remains as an example, and a legal precedent of considerable value. It involved the immensely important question where innocent mis- representation ends, and where fraudulent misrepre- sentation begins. " All who penised the report of this case in the columns of the Times, must have observed the remarkable fulness and accuracy with which that duty was discharged, and nothing could be more natural than that the reporter should publish a separate report in book form. This has been done, and Mr. Finlason introduces the report by one hundred pages of dissertation on the general law. To this we shall proceed to refer, simply remarking before doing so, that the charge to the jury has been carefuUy revised by the Lord Chief Justice." — iaw Times, i2mo., price los. 6d,^ cloth, A TREATISE ON THE GAME LAWS OF ENGLAND AND WALES: Including Introduction, Statutes, Explanatory Notes, Cases, and Index. By John Locke, M.P., Q.C., Recorder of Brighton. The Fifth Edition, in which are introduced the GAME LAWS of SCOTLAND and IRELAND. By Gilmore Evans, of the Inner Temple, Barrister-^t-Law. In royal SvO., price I or. 6d., cloth, THE PRACTICE of EQUITY by WAY of REVIVOR & SUPPLEMENT. With Forms of Orders and Appendix of Bills. By LOFTUS Leigh Pemberton, of the Chancery Registrar's Office. " Mr. Pemterton has, with great care, brought I will probably be applied to future cases."—Soli- together and classified all these conflicting cases, 1 citors' yourTtal. and has, as far as may be, deduced principles which | In Svc, price ^s., cloth, THE LAW OF PRIORITY. A Concise View of the Law relating to Priority of Incumbrances and of other Rights in Property. By W. G. Robinson, M.A., Barrister-at-Law. " Mr. Robinson's book may be recommended to | tioner with a useful supplement to lareer and more the advanced student, and will furnish the practi- I complete works."— .yo&iVwj' youmal. ■ ■ Digitiz e d by M/c/b ^-a-^^ '- '— STEVENS & HAYNES, BELL TASS, TEMPLE BAB. 33 ELECTION la A. ^W^. In crown 8vo., price 14J., cloth. PRACTICE OF A MANUAL OF THE PARLIAMENTARY ELECTIONS Throughout Great Britain and Ireland. COMPRISING THE DUTIES of RETURNING OFFICERS and their DEPUTIES, TOWN CLERKS, AGENTS, POLI^CLERKS, &c., AND THE WITH AN APPENDIX OF STATUTES AND AN INDEX. By henry JEFFREYS BUSHBY, Esq., One of the Metropolitan Police Magistrates, sometime Recorder of Colchester, FOURTH EDITION, Adapted to and embodying the recent changes in the Law, including the Ballot Act, the Instructions to Returning Officers in England and Scotland issued hy the Home Office, and the whole of the Statute Law relating to the subject. Edited by HENRY HARDCASTLE, OF THB INNER TEMPLE, BARRISTER-AT-LAW. "We have just received at a very opportune moment the new edition of this useful work. We need only say that those who have to do with elections will find ' Bushby's Manual ' replete with information and trustworthy, and that Mr. Hard- castle -has incorporated all Uie recent changes of the law."^JSaOT yournal. " As far as ve can judge, Mr. Hardcastle, who is known as one of the joint editors of O'Malley and Hardcastle's Election Reports, has done his work well. . . . For practical purposes, as a handy manual, we can recommend the work to returning of&cers, agents, and candidates ; and returning officers cannot do better than distribute this manual freely amongst their subordinates, if they wish them to understand their work."— i'^;/;^ citor^ youTMal. A Companion Volmne to the above, in crown 8vo., price 8j., cloth, THE LAW AND PEAOTIOE OF ELECTION PETITIONS, With an Appendix containing the Parliamentary Elections Act, i868, the General Rules for the Trial of Election Petitions in England, Scotland, and Ireland, Forms of Petitions, &c. By Henry Hardcastle, of the Inner Temple, Barrister-at-Law, ** Mr. Hardcastle gives us an original treatise with 'foot notes,_ and he has evidently taken very considerable pains to make his work a reliable guide. Beginning with the effect of the Election Petitions Act,, 1868, he takes his readers step by step through the new procedure. His mode of treating the subject of particulars' will be foui^d extremely useful, and he gives all the law and practice in a very small compass. In an Appendix is supplied the, Act and the Rules. We can thoroughly recommend Mr. Hardcastle's book as a concise manual on the law and practice of election petitions." — Law Times. Now ready. Volume I., price 3ar.; Volume II,, price 24^.5 and Volume HI,, Part I., price 5^. REPORTS OF THE DECISIONS OF THE JUDGES FOR THE TRIAL OF ELECTION PETITIONS IN ENGLAND AND IRELAND. PURSUANT TO THE PASLIAMBNTASV ELECTIONS ACT, 1868. BY EDWARD LOUGHLIN O'MALLEY and HENRY HARDCASTLE. Digitized by Microsoft® 34 STEVENS & HAYNES, BELL TABD, TEMPLE BAB. ^tebend aria flagneji' Verted of laeprinW of ti&e dEarlg mq)orta:;«. SIR BARTHOLOMEW~MmlARLIAIVIENTARY CASES. f " ' In 8vo., 1876, price 4/. 4J., best calf binding, SHOWER'S CASES IN PARLIAMENT Resolved and Adjudged upon Petitions and Writs of Error. FOUBTH EDITION. COH'TAXH'119'G ADDITIOHAXi CASES HOT BITHERTO BEFOBTEX). REVISED AND EDITED BY RICHARD LOVELAND LOVELAND, Of the Inner Temple, Barrister-at-Law ; Editor of "Kelyng's CrowB Cases," and " Hall's Essay on the Rights of the Crown in the Seashore." ' " Messrs. Stevens & Haynes, the successful publishers of the Reprints of Bellewe, Cooke, Cunningham, Brookes' New Cases, Choyce Cases in Chancery, William Kelynge and Kelyng's Crown Cases, determined to issue a new or fourth Edition of Shower's, Cases in Parliament. "The volume, althougji beautifully printed on old-fashioned paper, ia old-fashioned type, instead of being in the quarto, is in the more convenient octavo ' fonh, and contains •several additional cases not to be found in any of the previous editions of the work. " These are all cases of importance, worthy of being ushered into the light of the world by enterprising publishers. " Shower'sCases are models tor reporters, even in our day. The statements of the case, the arguments of counsel, and the opinions of the Judges, are all clearly and ably given. " This new edition with an old face of these valuable reports, under the able editorship of R. L. Loveland, Esq., should, in the language of the advertisement, 'be welcomed by the profession, as well as enable the custodians of public libraries to complete 01 add to their series of English Law Reports.' " — Canada Law Journp,l. BELLEWE'S CASES, T. RICHARD U. In 8vo., 1869, price 3/. 3^., bound in calf antique, LES ANS DU ROY RICHARD LE SECOND. Collect' ensembl' hors les abridgments de Statham, Fitzherbert, et Brooke. Per Richard Bellewe, de Lincolns Irnie. 1585. Reprinted from the Original Edition. " No public libraiy in the wp^ld, where English law fiuds a place, should be without a copy of this edition of Bellewe." — Ctfnada Law Journal. "We have here a facsimile edition of Bellewe, and it is really the most beautiful and admirable rJE^print that has appeared at an,y time. It is a |Jerfect gem of antique printing, and forms a most mteresting monument of our early legal history. It belong to the same class of works as the Year Book of Edward I. and other similar works which have been printed in our own time under the auspices of the Master of the Rolls : but is far superior to any of them, and is in this respect highly creditable to the spirit and enterprise of private publishers. The work is an important link in our legal history; there are no year bot^s of the reign of Richard II. > and Bellewe supplied the only substitute by carefully extracting and collecting all the cases he could find, and he did it in the most convenient form—that of alphabetical arrangement in the order of subjects, so that the work is a digest as well as a book of law reports. It is in fact a collection of cases of the rei^n of Richard II., arranged according to their subjects ina^habetical order. It is, therefore, one of the most intelligible and interesting legal memorials of the Middle Ages." — Law Times. CUNNINGHAM'S REPORTS. In 8vo., 1871, price 3/. 3J., calf antique, Cunningham's (T.) Reports in K. B., 7 to 10 Geo. II. ; to which is prefixed a Proposal for rendering the Laws of England clear and certain, humbly offered to the Consideration of both Houses of Parliament. Third Edition, with numerous Corrections. By Thomas Townsend Bucknill, Barrister-at-Law. "The Instructive chapter which precedes the cases, entitled ' A proposal for rendering t^e Laws of England clear and certain.' gives the volume a degree of peculiar interest, independent of the value of many of the reported cases. That chapter begins with MTords Vrtich ought, for the information of every people, to be printed in letters of gold. They are as follows : ' Nothing conduces more to the fieace ai)d prosperity pf every nation than good aws and the due execution of them.' The history of the civil law is then rapidly traced. Next a history is given of English Reportters, beginning with the reporters of the Year Books from i Edw. III. to 12 Hen. yill. — being near 200 y^ars — and after- wards to the time of the author.^* — Canada Law journal. Digitized by Microsoft® STEVENS & HATNES, BELL TABD, TEKPLE BAB. 35 ^tebmi anlr ^xsmi' ^niei at i&eprinttf of t^e (Snxlvi Atfattni. CHOYCE CASES IIT CHANCEKY. In 8vo., 1870, price 2/. Zs., calf antique, THE PKAOTIOE OF THE HIGH OOUET OF OHANOEEY. With the Nature of the several Offices belonging to that Court. And the Reports of many Cases wherein Releif hath been there had, and where denyed. "This volume, in paper, type, and binding (like " Bellewe^s Cases ") is a facsimile of the antique edition. All who buy the one should buy the other." — Canada LaWt youmal. In 8vo., 1872, price 3/. 3^,, calf antiquev SIR G. COOKE'S COMMON PLEAS REPORTS In the Reigns of Queen Anne, and Kings George I. and II. The Third Edition, with Additional Cases and References contained in the Notes taken from L. C. J. Eyre's MSS. by Mr. Justice Nares, edited by Thomas TowNSEND BUCKNILL. of the Inner Temple, Barrister-at-Law. " Law books never can die or remain long dead so long, as, Stevens and Haynes are willing to ctm- tinue them or revive them when dead. It is cer- tainly surprising to see with what facial accuracy an old volume of Reports may be produced by these modem publishers^ whose good taste is only equalled by their enterprise." — Canada Law youmal. BROOKE'S NEW CASES WITH MARCffS TRANSLATION. In 8vo., 1873, price 4/. 4J., calf antique, Brooke's (Sir Robert) New Cases in the time of Henry VIIL, Edward VI., and Queen Mary, collected out of Brooke's Abridgment, and arranged under years, with a table, together with March's (John) Translation ^Brooke's New Cases in the time of Henry VIII., Edward VI., and Queen Mary, collected out of Brooke's Abridgment, and reduced alphabetically under their proper heads and titles, with a table of the principal matters. In one handsome volume. 8vo. 1873. " Both the original and the translation having long been very scarce, and the mispaging and other errors in March's tianslation maiking a new and corrected edition peculiarly desirable, Messrs. Stevens and Haynes have reprinted the two books in one volume, uniform with the preceding volumes of the series of Early Reports." — Cffnada l.aw journal. KELYNGE'S (W.) REPORTS. InSvo., 1873, price 4/. 4J., calf antique, Kelynge's (William), Reports of Cases in Chancery, the King's Bench, &c., from the 3rd to the gth yea,r of His late Majesty King George II., during which time Lord King was Chancellor, and the' Lords Raymond and Hardwicke were Chief Justices of England. To which are added, seventy New Cases not in the First Edition. Third Edition. In one jiandsome volume. 8vo. 1873. KELYNG'S (SIR JOHN) CROWN CASES. In 8vo., 1873, price 4/. 4f., calf antique, Kelyng*s (Sir J.) Reports of Divers Cases in Pleas of the Crown in the Reign of King Charles II., with Directions to Justices of the Peace, and others ; to which are added. Three Modern Cases, viz., Armstrong and Lisle, the King and Plummer, the Queen and Mawgridge, Third Edition, containing several additional Cases never before printed, together with a Treatise upon the Law and Proceed- ings IN Cases of High Treason, first published in 1793. The whole carefully revised and edited by Richard Loveland Loveland, pf the Inner Temple, Barrister-at-Law. " We look upon this volume as one of the most important and valuable of the unique reprints of Messrs. Stevens and Haynes, Little do we know of the mines of legal wealth that lie buried in the old law books. But a careful examination, either of the reports or of the treatise emboAl?e.d '*^ ^^r volume now before us, will give the readli'sainft-nH^-oi'-^e - good service rendered by Messrs. Stevens & Haynes to the profession. . . Should occasion arise, the Crown prosecutor as well ascounsel for the prisoner will fund in this volume a complete vade mecum of the law of high treason and proceedings in reI^tio|f thereto."- -Canada Law youmal. 36 STEVENS & HAYNES, BELL TASJ), TEMPLE BAB. In one volume, 8vo, price 25^., cloth, A CONCISE TREATISE ON Jlribate international Surisprutrente, Based on the Decisions in the English Courts, By JOHN ALDERSON FOOTE, Of Lincoln's Inn, Barrister-at-Law ; Chancellor's Legal Medallist and Senior Whewell Scholar of International Law Cambridge University, 1873 > Senior Student in Jurisprudence and Roman Law, Inns of Court Examination Hilary Term, 1874- "This work seems to us likely to prove of considerable use to all English lawyers who have to deal with questions of private international law. Since the publication of Mr. Westlake's valuable treatise, twenty years ago, the judicial decisions of English courts bearing upon different parts of this subject have greatly increased in number, and it is full time that these decisions should be examined, and that the conclusions to be deduced from them should be systematically set forth in a treatise. Moreover, Mr. Foote has done this well."— ^o/(«Vtfrj' youmal. " Mr. Foote has done his work very well, and the book will be useful to all who have to deal with the class of cases in which English law alone is not sufBcient to settle the qac^iion.** —Saturday Review^ March 8, 1879. "The author's object has been to reduce into order the mass of materials already accumulated in the shape of explanation and actual decision on the interesting matter of which he treats; and to construct a framework of private international law, not from the dicta of jurists so much as from judicial decisions in English Courts which have superseded them. And it is here, in compiling and arranging in a concise form this valuable material, that Mr. Foote's wide range of knowledge and legal acumen bear such good fruit. As a guide and assistant to the student of international law, the whole treatise will be Invaluable ; while a table of cases and a general index will enable him to find what he wants without trouble." — Standard. " The recent decisions on points of international law (and there have been a large number since Westlaktf s publication) have been well stated. So far as we have observed, no case of any importance has been omitted, and the leading cases have been fully analyzed. The author does not hesitate to criticise the grounds of a decision when these appear to him to conflict with the proper rule of law. Most of his criticisms seem to us very just On the whole we can recommend Mr. Foote's treatise as a useful addition to our text-books, ''and we expect it will rapidly find its way into the hands of practising lawyers." — They oumal of yurisprudence and Scottish Law Magazine, " Mr. Foote has evidently borne closely in mind the needs of Students of Jurisprudence as well as those of the Practitioners. For both, the fact that his work is almost entirely one of Case-law, will commend it as one useful alike in Chambers and in Court.'* — Law Magazine and Review, ' "Mr. Foote*s book will be useful to the student One of the best points of Mr. Foote's book is the ' Continuous Summary,' which occupies about thirty pages, and is divided into four parts— Persons, Property, Acts, and Procedure. Mr. Foote remarks that these summaries are not in any way intended as an attempt at codification. However that may be, they are a digest which reflects high credit on the author's assiduity and capacity. They are 'meant merely to guide the student ; * but they will do much more than guide him. They will enable him to get such a grasp of the subject as will render the reading of the text easy and fruitful," — Law youmal. " This bo«k is well adapted to be used both as a text-book for students and a book of reference for practising barristers." — Bar Exantinatioft youmal, " This is a book which supplies the want which has long been felt for a really good modem treatise on Private International Law adapted to the every-day requirements of the English Practitioner. The whole volume, although designed for the use of the practitioner, is so moderate in size— an octavo of 500 pages only— and the arrangement and development of the subject so well coqceived and executed, that it will amply repay perusal by those whose immediate object may be not the actual decisions of a knotty point but the satisfactory disposal of Em examination paper." — Oxford and Cambridge Undergraduates* youmal. " Since the publication, some twenty years ago, of Mr, Westlake's Treatise, Mr. Foote's book is, in our opinion, the best work on private international law which has appeared in the English language. . . , The work is executed with much ability, and will doubtless be found of great value by all persons who have to consider questions on private international lavf.'^-Athenesum. ^ Digitized by Microsoft® STEVEKS & HATNES, BELL TABD, TEMPLE BAS. 37 THE AND QUARTERLY DIGEST OF ALL REPORTED CASES. Price FIVS SHILLINGS each Number. No. CCXVIII. (Vol. I, No. I. of the New Quarterly Series.) November, 1875. No. CCXIX. (Vol. I, 4th Series No. II.) February, 1876. N.B. — These two Numbers are out of print. No. CCXX. (Vol. I, 4th Series No. III.) For May, 1876. No. CCXXI. (Vol. I, 4th Series No. IV.) For August, 1876. No. CCXXII. No. CCXXIII. No. CCXXIV. No. CCXXV. (Vol. 2, 4th Series No. V.) (Vol. 2, 4th Series No. VI.) (Vol. 2, 4th Series No. VII.) (Vol. 2, 4th Series No. VIII.) For November, 1876. For February, 1877. For May, 1 877. For August, 1877. No. CCXXVI. (Vol. 3, 4th Series No. IX.) No. CCXXVII. (Vol. 3, 4th Series No. X.) N0.CCXXVIII. (Vol. 3, 4th Series No. XI.) No. CCXXIX. (Vol. 3, 4th Series No. XII). For November, 1877. For February, 1878. For May, 1878. For August, 1878. No. CCXXX. (Vol. 4, 4th Series No. XIII.) For November, 1878. No. CCXXXI. (Vol. 4, 4th Series No. XIV.) For February, 1879. No. CCXXXII. (Vol. 4, 4th Series No. XV.) For May, 1879. No. CCXXXIII. (Vol. 4, 4th Series No. XVI.) For August, 1879. No. CCXXXIV. (Vol. 5, 4th Series No. XVII.) For November, 1879. No. CCXXXV. (Vol. S, 4th Series, No. XVIII.) For February, 1880 :— 1. The late Baron Cleasby. By the Hon. George Denman. 2. The Growth of the "Prevalence" of Equity. By C. F. Trower, M.A., Barrister- at-Law. 3. The Koeller Case and the Law of the Koran. 4. TasweU-Langmead's " English Constitutional History." 5. Mr. Blennerhassett's Marriage Law Amendment Bill. By W. P. 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