« PreviousContinue »
Common Pleas at Lancaster, and served upon any Person in any Part of England Part of England or Wales, shall be as valid and effectual in Law, and Wales shall and shall entitle the Party suing out the same to all and the
like be valid to com
pel Appearance. Remedies, by Action or otherwise howsoever, as if the same had been served within the Jurisdiction of the said Court of Common Pleas at Lancaster; and in case such Person so served shall not appear according to the Exigency of such Writ, it shall be lawful for the same Court or One of the Judges thereof, upon Oath or Affirmation to be taken in open Court, or upon an Affidavit, of the personal Service of such Writ, to transmit a Certificate of such Default, under the Hand of One of the Judges of the same Court, to the Court of King's Bench in England ; and the said last-mentioned Court shall and may thereupon proceed against and punish, by Attachment or otherwise, according to the Course and Practice of the same Court, the Person so having made Default, in such and the like Manner as they might have done if such Person had neglected or refused to appear in obedience to a Writ of Subpæna issued to compel the Attendance of Witnesses out of such last-mentioned Court.
XXX. Provided always, and be it further enacted, That the Expence of Atsaid Court of King's Bench shall not in any Case proceed against tendance on
Writs of Subor punish any Person, nor shall any such Person be liable to any Action, for having made Default by not appearing to give Evi- tendered to dence in obedience to any Writ of Subpæna or other Process for Witnesses. that Purpose issued under the Authority of this Act, unless it shall be made to appear to the Court that a reasonable and sufficient Sum of Money to defray the Expences of coming and attending to give Evidence, and of returning from giving such Evidence, had been tendered to such Person at the Time when such Writ of Subpæna was served upon such Person.
XXXI. And be it further enacted, That whenever a Plaintiff Where final or Defendant in any Action or Suit in which Judgment shall be Judgment shall recovered in the said Court of Common Pleas at Lancaster shall be obtained in
the Court, and remove his Person or Goods or Chattels from or out of the
the Person or Jurisdiction of the said Court of Common Pleas at Lancaster, it Effects cannot shall and may be lawful for any of the superior Courts at West- be found within minster, upon a Certificate from the Prothonotary of the said its Jurisdiction, Court of Common Pleas at Lancaster, or his Deputy, of the any of the Amount of final Judgment obtained in any such Action, to issue superior Courts
may a Writ or Writs of Execution thereupon for the Amount of such Judgment, and the Costs of such Writ or Writs and Certificate, to the Sheriff of any County, City, Liberty, or Place, against the Person or Persons or Goods of the Party or Parties against whom such final Judgment shall have been obtained, in such Manner as upon Judgments obtained in any of the said Courts at Westminster.
XXXII. And be it further enacted, That in case any Rule if Rules of the of the said Court of Common Pleas at Lancaster cannot be Court cannot be enforced by reason of the Non-residence of any Party or Parties enforced, they within the Jurisdiction thereof, it shall be lawful
, upon a Certifi- may be made
of cate of such Rule by the Prothonotary of the said Court, and an
the superior Affidavit that by reason of such Non-residence such Rule cannot Courts. be enforced as aforesaid, to make such Rule a Rule of any one 4 & 5 GUL. IV.
of the said Courts at Westminster, if such Court shall think fit,
whereupon such Rule shall be enforced as a Rule of such Court. Teste and Date XXXIII. And be it further enacted, That all Writs issued out of Writs and of the said Court of Common Pleas at Lancaster shall be tested Returns of Exe- in the Name of the Chief Justice of that Court, or in case of a cutions.
Vacancy of such Office, in the Name of One of the other Judges thereof; and that every Writ of Venire facias juratores, issued out of the same Court, shall bear Date on the Day next preceding the First Commission Day of each Assizes, unless such Commission Day shall be on a Monday, and then on the Saturday preceding; and that every Writ of Habeas corpora juratorum shall bear Date on the Day of the Return of the Venire facias juratores; and that all other Writs, except Writs of Exigent and Proclamation, shall respectively bear Date on the Day on which the same shall be issued; and that all Writs of Execution may, if the Party suing out the same shall think fit, be made
returnable inimediately after the Execution thereof. Power to adopt XXXIV. And be it further enacted, That whenever by any Act Rules to be of Parliament, or by or under the Authority of any Act of Parmade for the
liament, or by any Rule or Order of any of His Majesty's superior superior Courts
Courts at Westminster, or of any of the Judges of the same, any at Westminster.
Rules, Orders, or Regulations shall be made for the Purpose of framing, regulating, or amending the Proceedings, Practice, or Pleadings of any of the said superior Courts at Westminster, it shall be lawful for the Judges of the said Court of Common Pleas at Lancaster, or any Two of them, by Rule or Order to be made in that Behalf, to adopt, mutatis mutandis
, all or any of such Rules, Orders, or Regulations, or any part or Parts thereof, as
to the said last-mentioned Judges shall seem fit. Costs of pre- XXXV. And be it further enacted, That the Costs to be paring Plead- from Time to Time allowed for preparing Pleadings in Actions ings.
in the said Court of Common Pleas at Lancaster shall be the same as shall be allowed for preparing Pleadings of a like De
scription in Actions in the superior Courts at Westminster. Commence- XXXVI. And be it further enacted, That this Act shall comment of Act. mence and take effect on the First Day of September One thou
sand eight hundred and thirty-four. Act may be XXXVII. And be it further enacted, That this Act may be altered this amended, altered, or repealed during the present Session of Session.
SCHEDULE to which this Act refers.
WRIT OF SUMMONS.
To C.D. of, et cetera, in the County of Lancaster, Greeting: We command you (or as before, or often We have commanded you], that within Eight Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause an Appearance to be entered for you in Our Court of Common Pleas at Lancaster, in an Action on Promises (or as the Case may be] at the Suit of A.B.; and take notice, that in default of your so doing the said A. B. may cause an Appearance to be entered for you, and proceed therein to judgment and Execution. Witness at Lancaster, the
Day of in the
Year of Our Reign.
Memorandum to be subscribed on the Writ. N. B.- This Writ is to be served within Four Calendar Months from the Date thereof, including the Day of such Date, and not afterwards.
Indorsement to be made on the Writ before Service thereof. This Writ was issued by E.F. of
Attorney for the Plaintiff or Plaintiffs within named.
or, This Writ was issued by
Agent for G. H. of
Attorney for the Plaintiff or Plaintiffs within named.
or, This Writ was issued in person by the Plaintiff or Plaintiffs within named who resides or reside at
[mention the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of the Plaintiff's Residence, if any such.)
Indorsement to be made on the Writ after Service thereof. This Writ was served by me X. Y. on the
One thousand eight hundred and
FORMS OF ENTERING AN APPEARANCE.
The Defendant C. D. appears in A.B. Plaintiff against C.D.
Person. E.F., Attorney for C.D., against C.D. and another,
appears for him. G.H., Attorney
for the Plaintiff, appears for the against C.D. and others.
Defendant C.D. according to the
One thousand eight hundred and
WRIT OF DISTRINGAS. WILLIAM The Fourth, et cetera.
To the Sheriff of Lancashire, Greeting : We command you, that you omit not by reason of any Liberty in your Bailiwick, but that you enter the same and distrain upon the Goods and Chattels of C. D. for the Sum of Forty Shillings in order to compel his Appearance in Our Court of Common Pleas at Lancaster, to answer A. B. in a Plea of Trespass on the R 2
Case (or Debt, as the Case may be]; and how you
shall execute this Our Writ you make known to our Justices at Lancaster on the
now next ensuing. Witness
at Lancaster, the Day of
Year of Our Reign.
Notice to be subscribed to the foregoing Writ. In the Court of Common Pleas at Lancaster:
Between A.B. Plaintiff,
C. D. Defendant.
upon your Goods and Chattels in the Sum of Forty Shillings, in consequence of your not having appeared in the said Court to answer to the said A. B., according to the Exigency of a Writ of Summons bearing Teste on the
and that in default of your Appearance to the present Writ within Eight Days inclusive after the Return hereof, the said A. B. will cause an Appearance to be entered for you, and proceed thereon to Judgment and Execution; or (if the Defendant be subject to Outlawry) will cause Proceedings to be taken to outlaw you.
WRIT OF CAPIAS. WILLIAM The FOURTH, et cetera.
To the Sheriff of Lancashire,
To the Coroners of the County of Lancaster,
[as the Case may be), Greeting : We command you (or as before, or often We have commanded you], that you omit not by reason of any Liberty in your Bailiwick, but that you enter the same and take C. D. of if he shall be found in your Bailiwick, and him safely keep until he shall have given you Bail, or made Deposit with you, according to Law, in an Action on Promises (or of Debt, et cetera,7 at the Suit of A.B., or until the said C. D. shall by other lawful Means be discharged from your Custody: And We do further command you, that on Execution hereof you do deliver a Copy hereof to the said C. D.: And We do hereby require the said C.D. to take notice, that within Eight Days after Execution hereof on him, inclusive of the Day of such Execution, he should cause Special Bail to be put in for him in Our Court of Common Pleas at Lancaster to the said Action, and that in default of his so doing such Proceedings may be had and taken as are mentioned in the Warning hereunder written or indorsed hereon : And we do further command you the said Sheriff [or Coroners, or as the Case may be), that immediately after the Execution hereof you do return this Writ to Our said Court, together with the Manner in which you shall have executed the same, and the
Day of the Execution hereof; or that if the same shall remain unexecuted, then that you do so return the same at the Expiration of Four Calendar Months from the Date hereof, or sooner, if you shall be thereto required by Order of the said Court or by any Judge thereof. Witness
at Lancaster, the in the
Year of our Reign.
Memoranda to be subscribed to the Writ. N.B.—This Writ is to be executed within Four Calendar Months from the Date thereof, including the Day of such Date, and not afterwards.
A Warning to the Defendant. 1. If a Defendant being in Custody shall be detained on this Writ, or if a Defendant being arrested thereon shall go to Prison for Want of Bail, the Plaintiff may declare against any such Defendant on or before the Third Commission Day of the Assizes (exclusive of a Sunday) next after such Detainer or Arrest, and proceed thereon to Judgment and Execution.
2. If a Defendant being arrested on this Writ shall have made a Deposit of Money, according to the Statute Seventh and Eighth of George the Fourth, Chapter Seventy-one, and shall omit to enter a Common Appearance to the Action, the plaintiff will be at liberty to enter a Common Appearance for the Defendant, and proceed thereon to Judgment and Execution.
3. If a Defendant having given Bail on the Arrest shall omit to put in Special Bail, as required, the plaintiff may proceed against the Sheriff, or on the Bail Bond.
4. If a Defendant having been served only with this Writ, and not arrested thereon, shall not enter a Common Appearance within Eight Days after such Service, the Plaintiff may enter a Common Appearance for such Defendant, and proceed thereon to Judgment and Execution.
Indorsements to be made on the Writ of Capias. Bail for
Pounds by Affidavit; Bail for Pounds by Order of (naming the Judge making the Order). Dated the This Writ was issued by G.H. of
Attorney for the Plaintiff (or Plaintiffs] within named.
This Writ was issued by
Agent for E.F. Attorney for the Plaintiff (or Plaintiffs] within named.
or, This Writ was issued in Person by the Plaintiff or Plaintiffs within named, who resides or reside at
[mention the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of the Plaintiff's Residence, if any such there be.] R 3