Proceedings on Writs served or executed at certain Times.

inventus, and entered of Record within One Calendar Month next after the Expiration thereof, including the Day of such Expiration, and unless every Writ issued in continuation of a preceding Writ shall be issued within One such Calendar Month after the Expiration of the preceding Writ, and shall contain a Memorandum indorsed thereon or subscribed thereto, specifying the Day of the Date of the first Writ, and Return to be made, in bailable Process by the Sheriff or other Officer to whom the Writ shall be directed, or his Successor in Office, and, in Process not bailable, by the Plaintiff or his Attorney suing out the same, as the Case may be.

IX. And be it further enacted, That when any Writ of Summons, Capias, or Detainer issued by Authority of this Act shall be served or executed, all necessary Proceedings to Judgment and Execution may be had thereon, without Delay, at the Expiration of Eight Days from the Service or Execution thereof: Proviso for Sun- Provided always, that if the last of such Eight Days shall in any day, &c. Case happen to fall on a Sunday, Christmas Day, Good Friday, or any Day appointed for a Public Fast or Thanksgiving, in any of such Cases the following Day shall be considered as the last of such Eight Days.

Indorsement on
Writs of the
Name, &c. of
the Attorney
or Party suing.

Service of Writs

of Summons on Corporations, and on Inhabi.

tants of Hundreds and Towns.

Proceedings in default of Appearance.

Attorney to declare whether

X. And be it further enacted, That upon every Writ to be issued as aforesaid by Authority of this Act the Name or Firm and the Place of Business or Residence of the Attorney or Attornies issuing such Writ shall be indorsed thereon, and where such Attorney or Attornies shall be Agents only, then there shall be further indorsed thereon the Name or Firm and Place of Business or Residence of the principal Attorney or Attornies, but in case no Attorney or Attornies shall be employed for that Purpose, then a Memorandum shall be indorsed thereon, expressing that the same has been sued out by the Plaintiff in Person, mentioning the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of such Plaintiff's Residence, if any such there be.

XI. And be it further enacted, That every such Writ of Summons issued against a Corporation Aggregate may be served on the Mayor or other Head Officer, or on the Town Clerk, Clerk, Treasurer, or Secretary of such Corporation; and every such Writ issued against the Inhabitants of a Hundred or other like District may be served on the High Constable thereof, or any One of the High Constables thereof; and every such Writ issued against the Inhabitants of the County of Lancaster, or the Inhabitants of any Franchise, Liberty, Town, or Place, not being Part of a Hundred or other like District, on some Peace Officer thereof.

XII. And be it further enacted, That all such Proceedings as are mentioned in any Writ, Notice, or Warning to be issued as aforesaid under this Act shall and may be had and taken in default of a Defendant's Appearance or putting in Special Bail, as the Case may be.

XIII. And be it further enacted, That every Attorney whose Name shall be indorsed on any Writ issued as aforesaid by Writ issued by Authority of this Act shall, on Demand in Writing made by or on behalf of any Defendant, declare forthwith whether such Writ

his Authority,

and Name, &c.

C. 62. has been issued by him, or with his Authority or Privity, and if he shall answer in the Affirmative, then he shall also, in case the said Court, or one of the Judges thereof, shall by Rule or Order so order and direct, declare in Writing, within a Time to be allowed by such Court or Judge, the Profession, Occupation, or Quality, and Place of Abode of the Plaintiff, on pain of being guilty of a Contempt of the said Court; and if such Attorney shall declare that the Writ was not issued by him, or with his Authority or Privity, the said Court, or any Judge thereof, shall and may, if it shall appear reasonable so to do, make an Order for the immediate Discharge of any Defendant or Defendants who may have been arrested on any such Writ, on entering a common Appearance.

of his Client, if ordered; if

Writ not issued by Authority of

the Attorney, Defendant may be discharged.

from Arrest.

XIV. Provided always, and be it further enacted, That nothing Proviso for Perin this Act contained shall subject any Person to Arrest, Out- sons privileged lawry, or Waiver, who, by reason of any Privilege, Usage, or otherwise, may now by Law be exempt therefrom, or shall extend to any Cause removed into the said Court by Writ of Pone loquelam, Accedas ad curiam, Certiorari, Recordari facias loquelam, Habeas Corpus, or otherwise.

XV. And be it further enacted, That from the Time when As to Writs for this Act shall commence and take effect the Writs herein-before Commenceauthorized shall be the only Writs for the Commencement of ment of perpersonal Actions in the said Court in the Cases to which such sonal Actions. Writs are applicable.

XVI. And be it further enacted, That it shall be lawful for the Parties in any Action depending or to be depending in the said Court of Common Pleas at Lancaster, after Issue joined by Consent, and by Order of One of the Judges of the same Court, to state the Facts of the Case in the Form of a Special Case for the Opinion of the said Court, or of One of the Superior Courts of Common Law at Westminster, and to agree that a Judgment shall be entered for the Plaintiff or Defendant by Confession or of Nolle prosequi, immediately after the Decision of the Case, or otherwise, as the Court before which such Case shall be heard may think fit, and Judgment shall be entered accordingly. XVII. And be it further enacted, That it shall and may be lawful for the Judges of the said Court of Common Pleas at Lancaster for the Time being, or any Two of them, from Time to Time to make such Orders, Rules, and Regulations for altering and regulating the Mode of pleading in that Court, and for altering the Mode of entering and transcribing Pleadings, Judgments, and other Proceedings in Actions at Law therein, and touching the voluntary Admission, upon any Application for that Purpose at a reasonable Time before the Trial of any Action of one Party to the other, of all such written or printed Documents, or Copies of Documents, as are intended to be offered in Evidence on the said Trial by the Party requiring such Admission, and touching the Inspection thereof before such Admission is made, and touching the Costs which may be incurred by the Proof of such Documents or Copies on the Trial of the Cause, in case of the omitting to apply for such Admission, or the not producing of such Documents or Copies for the Purpose of obtaining Admission thereof, or of the Refusal to make such Admission, as

the

Power to state a Special Case without pro

ceeding to Trial.

Judges may make Rules for altering and regulating the Mode of pleadscribing Records, and touching the Admission of

ing and tran

Documents.

Writs of Inquiry under the Statute

8 & 9 W.3. c.11. to be executed before the

Sheriff, unless otherwise ordered.

Return of other
Writs of In-

quiry.

Power to direct

Issues joined in certain Actions

to be tried before the Sheriff or any Judge.

Upon the Return of Inquiry or

Writ for Trial of Issues,

Judgment may be signed, unless, &c.

the Case may be, and as to the said Judges of the said Court for the Time being, or any Two of them, shall seem meet.

XVIII. And be it further enacted, That all Writs of Inquiry of Damages hereafter to be issued by the Court of Common Pleas at Lancaster, under and by virtue of the Statute passed in the Session of Parliament held in the Eighth and Ninth Years of the Reign of King William the Third, intituled An Act for the better preventing frivolous and vexatious Suits, shall, unless the said Court, or One of the Judges thereof, shall otherwise order, direct the Sheriff of the said County of Lancaster to summon a Jury to appear before him, instead of the Justices or Justice of Assize of and for the said County, to inquire of the Truth of the Breaches suggested, and assess the Damages that the Plaintiff shall have sustained thereby, and shall command the said Sheriff to make Return thereof to the said Court on a Day certain in such Writ to be mentioned, and such Proceedings shall be had after the Return of such Writ as are in the said Statute in that Behalf mentioned, in like Manner as if such Writ had been executed before a Justice of Assize or Nisi Prius.

XIX. And be it further enacted, That every other Writ of Inquiry to be issued by the said Court of Common Pleas at Lancaster shall be made returnable on any Day certain to be named in such Writ.

XX. And be it further enacted, That in any Action depending in the said Court of Common Pleas at Lancaster for any Debt or Demand in which the Sum sought to be recovered and indorsed on the Writ of Summons shall not exceed Twenty Pounds it shall be lawful for the said Court or any Judge thereof, if such Court or Judge shall be satisfied that the Trial of the said Action will not involve any difficult Question either of Law or Fact, and such Court or Judge shall think fit so to do, to order and direct that the Issue or Issues joined shall be tried before the Sheriff of the said County Palatine of Lancaster, or any Judge of any Court of Record for the Recovery of Debt in such County, and for that Purpose a Writ shall issue, directed to such Sheriff or Judge, commanding him to try such Issue or Issues by a Jury to be summoned by him, and to return such Writ, with the Finding of the Jury thereon indorsed, at a Day certain to be named in such Writ, and thereupon such Sheriff or Judge shall summon a Jury, and shall proceed to try such Issue or Issues.

XXI. And be it further enacted, That at the Return of every Writ of Inquiry, or Writ for the Trial of such Issue or Issues as aforesaid, Costs shall be taxed, Judgment signed, and Execution issued forthwith, unless the Sheriff or his Deputy before whom such Writ of Inquiry may be executed, or such Sheriff, Deputy, or Judge before whom such Trial shall be had, shall certify, under his Hand, upon such Writ, that Judgment ought not to be signed until the Defendant shall have had an Opportunity to apply to the said Court of Common Pleas at Lancaster, or One of the Judges thereof, for a new Inquiry or Trial, or the said Court, or One of the Judges thereof, shall think fit to order that Judgment or Execution shall be stayed till a Day to be named in such Order; and the Verdict of such Jury on the Trial of such Issue or Issues shall be as valid and of the like Force as a Verdict

Verdict of a Jury at the Assizes; and the Sheriff or his Deputy or Judge presiding at the Trial of such Issue or Issues shall have the like Powers, with respect to the Amendment on such Trial, as are given to Judges at Nisi Prius by an Act passed in the Third and Fourth Years of the Reign of His present Majesty, intituled An Act for the further Amendment of the Law, and the better 3 & 4W.4.c.42. Advancement of Justice.

XXII. Provided always, and be it further enacted, That, not- Judgment may withstanding any Judgment signed or Execution issued as afore- be vacated, Exsaid by virtue of this Act, it shall be lawful for the said Court ecution stayed, of Common Pleas at Lancaster to order such Judgment to be and new Trial granted. vacated and Execution to be stayed or set aside, and to enter an Arrest of Judgment, or grant a new Trial or new Writ of Inquiry, as Justice may appear to require; and thereupon the Party affected by such Writ of Execution shall be restored to all that he may have lost thereby in such Manner as upon the Reversal of a Judgment by Writ of Error or otherwise, as the Court may think fit to direct.

XXIII. And be it further enacted, That it shall be lawful for the Defendant in all personal Actions, except Actions for Assault and Battery, false Imprisonment, Libel, Slander, malicious Arrest or Prosecution, Criminal Conversation, or debauching of the Plaintiff's Daughter or Servant, by Leave of the said Court of Common Pleas at Lancaster or One of the Judges thereof, to pay into Court a Sum of Money by way of Compensation or Amends, in such Manner, and under such Regulations as to the Payment of Costs and the Form of pleading, as the Judges of the said Court shall, by any Rules or Orders by them to be from Time to Time made, order and direct.

Defendant to

be allowed to pay Money

into Court in certain Actions.

XXIV. And whereas it would tend to further the Adminis- Power to ap'tration of Justice in the said Court of Common Pleas at Lan- point additional caster if more of the Judges of the superior Courts at Westminster Judges.

were appointed Justices for all manner of Pleas within the said County Palatine of Lancaster;' be it therefore enacted, That it shall and may be lawful to and for the King's most Excellent Majesty, in right of His Duchy and County Palatine of Lancaster, from Time to Time to nominate and appoint all or any of the Judges of the superior Courts at Westminster to be Judges of the Court of Common Pleas for the County Palatine of Lancaster: Provided nevertheless, that the Judges before whom the Assizes for the said County Palatine of Lancaster shall from Time to Time be held, and their respective Officers, shall alone be entitled to the Fees and Emoluments heretofore received by the Judges of the said County Palatine and their Officers.

XXV. And be it further enacted, That the Judges of the superior Courts of Common Law at Westminster, or any Eight or more of them, of whom the Chief of each of the said Courts shall be Three, may, by any Rule or Order to be from Time to Time after this Act shall take effect, make such Regulations as to the Fees to be charged by all and every or any of the Officers of the said Court of Common Pleas at Lancaster and the Attornies thereof as to them may seem expedient, and to alter the same when and as it may seem fit and proper, so as such Fees shall not exceed the Fees now received; and all such Regulations shall be

binding

Judges of

superior Courts at Westminster may regulate

taken in Court of Common Pleas at Lan

Fees to be

caster.

Rules for

New Trials
to be moved
before any
of the Courts
at Westminster.

Judgment and Execution not to be stayed,

unless the Party

moving enter

into Recogni

zance with Sureties.

Not to take

away Power of granting new Trial.

Service of Sub

pœna on Wit

nesses in any

binding and obligatory on the said Court of Common Pleas at Lancaster, and all the Officers and Attornies of the said Court.

XXVI. And be it further enacted, That it shall be lawful for any Party in any Action now depending or hereafter to be depending in the said Court of Common Pleas at Lancaster to apply by Motion to any One of the superior Courts at Westminster sitting in Banco, within such Period of Time after the Trial as Motions of the like Kind shall from Time to Time be permitted to be made in the said superior Court, for a Rule to show Cause why a new Trial should not be granted or Nonsuit set aside, and a new Trial had or a Verdict entered for the Plaintiff or Defendant, or a Nonsuit entered, as the Case may be, in such Action, which Court is hereby authorized and empowered to grant or refuse such Rule, and afterwards to proceed to hear and determine the Merits thereof, and to make such Orders thereupon as the same Court shall think proper; and in case such Court shall order a new Trial to be had in any such Action the Party or Parties obtaining such Order shall deliver the same, or an Office Copy thereof, to the Prothonotary of the said Court of Common Pleas at Lancaster, or his Deputy, and thereupon all Proceedings upon the former Verdict or Nonsuit shall cease; and the Action shall proceed to Trial at the next or some other subsequent Session of Assizes holden for the County of Lancaster, in like Manner as if no Trial had been had therein; or in case the Court before which any such Rule shall be heard shall order the same to be discharged, the Party or Parties obtaining any such Order may upon delivering the same or an Office Copy thereof to the said Prothonotary, or his Deputy, be at liberty to proceed in any such Action as if no such Rule Nisi had been obtained; or if a Verdict be ordered to be entered for the Plaintiff or Defendant, or a Nonsuit be ordered to be entered, as the Case may be, Judgment shall be entered accordingly.

XXVII. Provided always, and be it further enacted, That the entering up of Judgment in any Action in the said Court of Common Pleas at Lancaster, and the issuing of Execution upon such Judgment, shall not be stayed unless the Party intending to apply for such Rule as last aforesaid shall, with Two sufficient Sureties such as the last-mentioned Court shall approve of, become bound unto the Party for whom such Verdict or Nonsuit shall have been given or obtained, by Recognizance, to be acknowledged in the same Court, in such reasonable Sum as the same Court shall think fit, to make and prosecute such Application as aforesaid, and also to satisfy and pay, if such Application shall be refused, the Debt, or Damages and Costs adjudged and to be adjudged in consequence of the said Verdict or Nonsuit, and all Costs and Damages to be awarded for the delaying of Execution thereon.

XXVIII. Provided also, and be it further enacted, That nothing herein contained shall prevent the said Court of Common Pleas at Lancaster from granting any new Trial, or setting aside any Nonsuit, or entering a Nonsuit, or altering a Verdict as heretofore.

XXIX. And be it further enacted, That the Service of every Writ of Subpoena hereafter to be issued out of the said Court of Common