THE

BILL OF EXCEPTIONS.

THE

BILL OF EXCEPTIONS;

BEING

A SHORT ACCOUNT

OF

ITS ORIGIN AND NATURE,

SHOWING

BY WHOM AND TO WHOM A BILL OF EXCEPTIONS MAY BE TENDERED;
WHAT MAY BE THE SUBJECT OF IT; ITS FORM AND MODE OF
TENDERING IT; THE PROCEEDINGS UPON IT AN D'

THE MODE OF ENFORCING THE STATUTE

BY JOHN RAYMOND, Esq.

OF THE MIDDLE TEMPLE.

LONDON:

S. SWEET, 1, CHANCERY LANE,
Law Bookseller and Publisher.

1846.

1403.

LONDON:

C. ROWORTH AND SONS, PRINTERS, BELL YARD,

TEMPLE BAR.

THE

BILL OF EXCEPTIONS.

ITS ORIGIN.

BEFORE, and for some time after, the passing of the statute of Westminster 2, (13 Edw. I.), the pleadings in actions in the superior Courts were transacted ore tenus at the bar of the Court in the presence of the judges (a), in a somewhat similar manner, as it would seem, to that in which proceedings before magistrates are conducted at the present day, except perhaps that the former were transacted with more formality, gravity, and decorum than the latter.

If, during the progress of the cause, either party alleged any matter by way of plea, replication, or other pleading, which the Court thought insufficient, they at once overruled

(a) 2 Inst.; 2 Reeves, 344; Steph. Pl. 23, App.

note 6.

B