ALL THE RECENT STATUTES, RULES OF COURT, AND JUDICIAL DECISIONS, RELATING THERETO. BY WILLIAM TIDD, Esq. OF THE INNER TEMPLE, BARRISTER AT LAW. LONDON: PRINTED FOR SAUNDERS AND BENNING, (SUCCESSORS TO J. BUTTERWORTH ΤΟ THE RIGHT HONOURABLE THOMAS LORD DENMAN, LORD CHIEF JUSTICE OF ENGLAND, ETC. ETC. ETC. THIS WORK IS DEDICATED; WITH THE HIGHEST RESPECT FOR THOSE GREAT TALENTS, AND THAT DISTINGUISHED INDEPENDENCE OF CHARACTER, AND UNIFORM INTEGRITY OF CONDUCT, WHICH RAISED HIM TO HIS PRESENT HIGH JUDICIAL SITUATION; AND WHICH HE SO EMINENTLY DISPLAYS, IN THE DISCHARGE OF ITS ARDUOUS DUTIES: AND WITH THE MOST SINCERE ESTEEM FOR THOSE VIRTUES, WHICH ADORN HIS CHARACTER IN PRIVATE LIFE. PREFACE. SINCE the publication of the ninth Edition of the Author's Practice, in Trinity Term 1828, many important alterations have been made in the Practice of the Superior Courts of Law at Westminster, by various Statutes, Rules of Court, and Judicial decisions. The principal Statutes, by which these alterations were effected, are the Administration of Justice act, (11 Geo. IV. & 1 W. IV. c. 70.); the Speedy Judgment and Execution Act, (1 W. IV. c. 7.); the Examination of Witnesses act, (1 W. IV. c. 22.); the Interpleader act, (1 & 2 W. IV. c. 58.); the Uniformity of Process act, (2 W. IV. c. 39.); and the Law Amendment act, (3 & 4 W. IV. c. 42). In pursuance of the power given by the Administration of Justice act, general rules were made by all the Judges, in Trinity term 1831, and Hilary term 1832. The rules of Trinity term chiefly relate to the putting in and justifying of special bail; the shortening of declarations in actions of assumpsit, or debt, on bills of exchange, or promissory notes, and the common counts; the delivery of particulars of the plaintiff's demand, under those counts; the time for delivering declarations de bene esse; the service of declarations in ejectment; the time for pleading; rules to plead several matters; and judgment of non pros, &c. The object and intent of the rules of Hilary Term appear to have been, to assimilate the practice of the different courts, and to render the proceedings therein more expeditious, and less expensive to the suitors. |