How Money Court. [or, if pleaded to Part, add," in respect of the Matter herein 66 pleaded to."] XXVII. The Plea of Payment into Court may be pleaded either alone or with any other Plea. XXVIII. Money paid into Court shall be paid to the proper 5 is to be paid Officer of the Court, who shall give a Receipt for it on the Margin of the Plea, and it shall thenceforth be the Property of the Plaintiff, and shall be paid out to the written Order of him or his Attorney, on Demand, whatever may be the Event of the Suit. How Plain tiff may re ply to Plea of Payment into Court. Last Six plicable only XXIX. To a Plea of Payment into Court the Plaintiff may either 10 reply that he accepts the Money, and in that Case his Claim in respect of the Matter to which the Plea is pleaded shall be deemed satisfied, and he may then tax his Costs, and if they be not paid within Forty-eight Hours after Taxation sign Judgment for them, or he may reply that the Money is not enough to satisfy his Claim 15 in respect of the Matter to which the Plea is pleaded; but if the Issue to this Replication be found against him, the Request shall be entitled to Judgment and Costs. XXX. The last Six preceding Sections shall apply only to Actions to Actions in brought in One of the Superior Courts of Common Law in England 20 Superior or Ireland. Courts of Common Law. Payment into Court XXXI. The Payment of Money into Court by any Defendant, whether generally or partially, or on some special Count, shall not be no Admission deemed an Admission by him that any Cause of Action existed against him, or that he was legally bound to have paid anything. of Cause of Action. Limitation of Actions against retiring Partners. Partner not barred as to Statute of XXXII. No Person shall be liable to pay any simple Contract Debt incurred by a Partnership after he shall have ceased to be a Member thereof, if he can prove that his Partnership was dissolved more than Six Years before the Commencement of the Action or Suit for the Recovery of such Debt. 25 30 XXXIII. No Partner or Joint Contractor, or the Executor or Administrator of any Partner or Joint Contractor, shall lose the Benefit Limitations of any Statute of Limitations by reason of any oral Acknowledgment by oral Acknowledg- by his Copartner or Co-Contractor, either of Payment of the Interest ment of part or of part Payment of the Principal of any Debt incurred by the 35 made by his Partnership or by the Joint Contractors. Payment Copartner. XXXIV. All XXXIV. All Statutes of every Description, whether declaratory, Rule for Interpretation remedial, enabling, enlarging, restraining, or penal, shall be reasonably of Statutes. construed, and so as most effectually to suppress the Mischief aimed at, and to advance the Remedy intended to be supplied. not vitiated 5 XXXV. No written Instrument shall be rendered void by any Documents Obliteration, Cancellation, Spoliation, or other Alteration, except so by unauthofar as the Words or Effect of the Instrument before such Alteration rized Alterations. shall not be apparent, if the Party relying upon the Instrument can prove that such Alteration was the Effect of Accident or Mistake, or 10 was wrongfully made, without his Privity or Consent, by some Person over whom he could exercise no Control. 15 XXXVI. Parol Evidence shall be admissible in Courts of Equity on behalf of a Plaintiff, for the Purpose of rectifying a written Agreement of which he seeks a specific Execution. Parol Evidence admissible for Plaintiff to certify Agreement of which he seeks specific Execution. Considera for Guaran XXXVII. A special Promise made either by an Executor or an Administrator to answer Damages out of his own Estate, or by any conte Person to answer for the Debt, Default, or Miscarriage of another, if Promise by reduced to Writing and signed by the Party to be charged therewith, Executor, or or some other Person thereunto by him lawfully authorized, shall be 20 binding in Law, though the Consideration of the Promise be not set forth in the Writing, provided that such Consideration can be otherwise proved. tee, need not be expressed in Writing. may be XXXVIII. Every Document the Validity of which depends upon Documents its being signed by some particular Person may be signed either by signed by 25 such Person or by his authorized Agent, and the Authority by the Agents, and Principal to the Agent to sign any Document in the Name or on behalf Agents may be orally of the Principal may in all Cases be granted orally as well as by authorized Writing. to sign. XXXIX. The Acts of an Agent done after the Death of his Prin- Acts of Agent when 30 cipal shall, if done bonâ fide and in Ignorance of such Death, be deemed binding after as valid in Law and be as binding on the Heirs and personal Repre- Death of Principal. sentatives of the Principal as if they had been done during the Life of the Principal. XL. The Acts of a Deputy done after the Death of the Person Acts of Deputy 35 whose Duties he has been appointed to discharge shall, if done in when valid Ignorance of such Death, be deemed as valid in Law as if they had after Death been done during the Life of such Person. of Person whose Duties he discharged. XLI. Every Deed purporting to be executed by a Sheriff in Under Discharge of his official Duty shall, primâ facie, be admissible in Sheriff pre Evidence, sumed to be authorized to execute Deeds for Sheriff. All Courts of Record may order Inspection. Wives no longer presumed to act under the Coercion of their Hus bands. Act to ex tend to Evidence, on Proof that it was executed in the Name of the Sheriff by some Person acting as his Under Sheriff. XLII. Every Court of Record may, on the Application of any Party to any Action, Suit, or Proceeding, whether civil or criminal, therein pending, order, on such Terms as to Costs or otherwise as it 5 shall think fit, the Inspection by such Party or his Witnesses, or by the Jury, of any Real or Personal Property, the Inspection of which may be material to the proper Determination of the Question in dispute; and in all the Trials by Jury the Judge or other presiding Officer may order such Inspection as aforesaid by the Jury, even 10 after the Evidence on one or both Sides has been closed, if in his Opinion such a Course be necessary for the Attainment of Justice. XLIII. The Rule of Law which presumes that a Wife who commits Offences in the Presence of her Husband acts under his Coercion is hereby repealed and annulled. XLIV. This Act shall extend to England and Ireland, but shall England and not extend to Scotland, except so far as relates to Section Seven. Ireland, not to Scotland, Sect. 7. Commence XLV. This Act shall come into operation on the ment of Act. Day of Short Title of Act. One thousand eight hundred and fifty-six. 15 XLVI. In citing this Act in any Instrument, Document, Act of 20 Parliament, or Proceeding, it shall be sufficient to use the Expression, "The Law of Evidence and Procedure Amendment Act, 1856." SCHE SCHEDULE. FORM OF DEPOSITIONS OF WITNESSES. [Surrey], to wit.-R. v. A.B. with [Burglary or Larceny or Arson, &c.] The Depositions of C.D. of E.F. of charged [Farmer,] and [Labourer], taken in the above Case. The Deponent C.D. on his [ Oath] says [state as nearly as set forth the Words used by Deponent]. [If the Deponent be asked any Questions by or on behalf of the Accused, add] and, on being crossexamined, he further says [state as nearly as possible the Words used by Deponent]. [When his Deposition is complete, read it over to him, and tender it to him for Signature; if he declines to sign it, state that Fact, and the Reason why, if any given.] And the Deponent E.F., on his [Affirmation], says [proceed as in the last Case]. The above Depositions of C.D. and E.F. were taken and [sworn] before me at in the [County] of Day of 18 and in the on the Presence of A.B., who had full Opportunity to cross-examine the Deponents. They were also read over respectively to the Deponents, and were tendered to them for their Signatures. As witness my Hand. Justice of the Peace for the said [County]. |