C. 42. 3 & 4 W. 4, ance of any such amendment, to apply to the Court from which such record or writ issued for a new trial upon that ground, and in case any such Court shall think such amendment improper, a new trial shall be granted accordingly, on such terms as the Court shall think fit, or the Court shall make such other order as to them may seem meet. Power for the Court or judge to di rect the facts to be found specially. Power to state a special case ceeding to trial. XXIV. And be it further enacted, that the said Court or judge shall and may, if they or he think fit, in all such cases of variance, instead of causing the record or document to be amended as aforesaid, direct the jury to find the fact or facts according to the evidence, and thereupon such finding shall be stated on such record or document, and, notwithstanding the finding on the issue joined, the said Court or the Court from which the record has issued shall, if they shall think the said variance immaterial to the merits of the case, and the mis-statement such as could not have prejudiced the opposite party in the conduct of the action or defence, give judgment according to the very right and justice of the case. XXV. And be it further enacted, that it shall be lawful for the parties in any action or information, after issue joined, by consent and by order of any without pro- of the judges of the said superior Courts, to state the facts of the case, in the form of a special case, for the opinion of the Court, and to agree that a judg ment 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 may think fit; and ju ignent shall be entered accordingly. Witnesses interested count of the verdict to be admissible. XXVI. And in order to render the rejection of witnesses on the ground of solely on ac- interest less frequent, be it further enacted, that if any witness shall be objected to as incompetent on the ground that the verdict or judgment in the action on which it shall be proposed to examine him would be admissible in evidence for or against him, such witness shall nevertheless be examined, but in that case a verdict or judgment in that action in favor of the party on whose behalf he shall have been examined shall not be admissible in evidence for him or any one claiming under him, nor shall a verdict or judgment against the party on whose behalf he shall have been examined be admissible in evidence against him or any one claiming under him. Direction to indorse the witness on the record. XXVII. And be it further enacted, that the name of every witness objected name of the to as incompetent on the ground that such verdict or judgment would be admissible in evidence for or against him, shall at the trial be indorsed on the record or document on which the trial shall be had, together with the name of the party on whose behalf he was examined, by some officer of the Court, at the request of either party, and shall be afterwards entered on the record of the judgment; and such indorsement or entry shall be sufficient evidence that such witness was examined in any subsequent proceeding in which the verdict or judgment shall be offered in evidence. Jury em. powered to to allow interest upon debts. [*721] ry may give XXVIII. And be it further enacted, that upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law. *XXIX. And be it further enacted, that the jury on the trial of any issue, In certain ac- or on any inquisition of damages, may, if they shall think fit, give damages tions the ju in the nature of interest, over and above the value of the goods at the time damages in of the conversion or seizure, in all actions of trover or trespass de bonis as portatis, and over and above the money recoverable in all actions on policies of assurance made after the passing of this Act. the nature of interest. Interest to be allowed on XXX. And be it further enacted, that if any person shall sue out any writ all writs of time that execution has ed. of error upon any judgment whatsoever given in any Court in any action 3 & 4 W. 4, per- c. 42. sonal, and the Court of error shall give judgment for the defendant thereon, then interest shall be allowed by the Court of error for such time as execution error for the has been delayed by such writ of error, for the delaying thereof. XXXI. And be it further enacted, that in every action brought by any ex- been delayecutor or administrator in right of the testator or intestate, such executor or Executors administrator shall, unless the Court in which such action is brought, or a judge of any of the said superior Courts shall otherwise order, be liable to right of the pay costs to the defendant in case of being nonsuited or a verdict passing pay costs. against the plaintiff, and in all other cases in which he would be liable if such plaintiff were suing in his own right upon a cause of action accruing to himself; and the defendant shall have judgment for such costs, and they shall be recovered in like manner. suing in testator to of several in any action XXXII. And be it further enacted, that where several persons shall be one or more made defendants in any personal action, and any one or more of them shall defendants have a nolle prosequi entered as to him or them, or upon the trial of such ac- having a nottion shall have a verdict pass for him or them, every such person shall have le prosequi judgment for and recover his reasonable costs, unless, in the case of a trial, shall have the judge before whom such cause shall be tried shall certify upon the record, costs. under his hand, that there was a reasonable cause for making such person a defendant in such action. or a verdict tered upon XXXIII. And be it further enacted, that where any nolle prosequi shall Where nolle have been entered upon any count, or as to part of any declaration, the de- prosequi enfendant shall be entitled to, and have judgment for, and recover his reasona- any count, ble costs in that behalf. &c. scire fucias, or defendant XXXIV. And be it further enacted, that in all writs of scire facias the Plaintiff in plaintiff obtaining judgment or an award of execution shall recover his costs and plaintiff of suit upon a judgment by default as well as upon a judgment after plea on demurpleaded or demurrer joined; and that where judgment shall be given either rer, to have for or against a plaintiff or demandant, or for or against a defendant or tenant, upon any demurrer joined in any action whatever, the party in whose favor such judgment shall be given shall also have judgment to recover his costs in that behalf. costs. case of a XXXV. And whereas it is provided in and by a statute passed in the sixth Costs of speyear of the reign of his late Majesty, intituled "An Act for consolidating and cial juries in amending the Law relative to Jurors and Juries," that the person or party nonsui. who shall apply for a special jury shall pay the fees for striking such jury, 6 G. 4, c. 50. and all the expenses occasioned by the trial of the cause by the same, and shall not have any further or other allowance for the same, upon taxation of costs, than such person or party would be entitled unto in case the cause had been tried by a common jury, unless the judge before whom the cause is tried shall, immediately after the verdict, certify under his hand, upon the back of the record, that the same was a cause proper to be tried by a special jury: and whereas the said provision does not apply to cases in which the plaintiff' has been nonsuited, and it is expedient that the judge should have such power of certifying as well when a plaintiff is nonsuited as when he has a verdict against him; be it therefore enacted, that the said provisions of the said lastmentioned act of parliament, and every thing therein contained, shall apply to cases in which the plaintiff shall be nonsuited as well as to cases in which a verdict shall pass against him. make regu. of each XXXVI. And whereas it would tend to the better dispatch of business, Power to and would be more convenient, and better assimilate the practice and pro- lations as to mote uniformity in the allowance of costs, if the officers on the plea side of the officers *the Courts of King's Bench and Exchequer, and the officers of the Court of Court at Common Pleas at Westminster, who now perform the duties of taxing costs, taxing costs. were to be empowered to tax costs which have arisen or may arise in each of [*722 ] the said Courts indiscriminately; be it therefore enacted, that it shall be lawful for the judges of the said Courts, or such eight or more of them as afore Westminster c. 42. 3 & 4 W. 4, said, by any rule or order to be from time to time made, in term or vacation, to make such regulations for the taxation of costs by any of the said officers of the said Courts indiscriminately as to them may seem expedient, although such costs may not have arisen in respect of business done in the Court to which such officer belongs, and to appoint some convenient place in which the business of taxation shall be transacted for all the said Courts, and to alter the same when and as it may seem to them expedient. Executors of lessor may distrain for XXXVII. And be it further enacted, that it shall be lawful for the executors or administrators of any lessor or landlord to distrain upon the lands demised arrears in his for any term. or at will, for the arrearages of rent due to such lessor or landlord in his lifetime, in like manner as such lessor or landlord might have done in his lifetime. lifetime. Arrears may for within six determina. tion of term. XXXVIII. And be it further enacted, that such arrearages may be disbe distrained trained for after the end or determination of such term or lease at will, in the months after same manner as if such term or lease had not been ended or determined; provided that such distress be made within the space of six calendar months after the determination of such term or lease, and during the continuance of the possession of the tenant from whom such arrears became due: provided also, that all and every the powers and provisions in the several statutes made relating to distresses for rent shall be applicable to the distresses so made as aforesaid. Su' mission by rule of vocable without Court. XXXIX. And whereas it is expedient to render references to arbitration to arbitration more effectual; be it further enacted, that the power and authority of any Court, &c. arbitrator or umpire appointed by or in pursuance of any rule of Court, or not to be re- judge's older, or order of nisi prius, in any action now brought or which shall be hereafter brought, or by or in pursuance of any submission to reference leave of the containing an agreement that such submission shall be made a rule of any of his Majesty's Courts of Record, shall not be revocable by any party to such reference without the leave of the Court by which such rule or order shall be made, or which shall be mentioned in such submission, or by leave of a judge; and the arbitrator or umpire shall and may and is hereby required to proceed with the reference notwithstanding any such revocation, and to make such award, although the person making such revocation shall not afterwards attend the reference; and that the Court or any judge thereof may from time to time enlarge the term for any such arbitrator making his award. Power to attendance of witnesses. XL. And be it further enacted, that when any reference shall have been compel the made by any such rule or order as aforesaid, or by any submission contained in such agreement as aforesaid, it shall be lawful for the Court by which such rule or order shall be made, or which shall be mentioned in such agreement, or for any judge, by rule or order to be made for that purpose, to command the attendance and examination of any person to be named, or the production of any documents to be mentioned in such rule or order; and the disobedi ence to any such rule or order shall be deemed a contempt of Court, if, in addition to the service of such rule or order, an appointment of the time and place of attendance in obedience thereto, signed by one at least of the arbitrators, or by the umpire, before whom the attendance is required, shall also be served either together with or after the service of such rule or order: provided always, that every person whose attendance shall be so required shall be entitled to the like conduct-money, and payment of expenses and for loss of time, as for and upon attendance at any trial: provided also, that the application made to such Court or judge for such rule or order shall set forth the county where such witness is residing at the time, or satisfy such Court or judge that such person cannot be found provided also, that no person be compelled to produce, under any such rule or order, any writing or other [*723] document that he would not be compelled to produce *at a trial, or to attend at more than two consecutive days, to be named in such order. Power for the arbitra tors under a :: shall XLI. And be it further enacted, that when in any rule or order of reference. or in any submission to arbitration containing an agreement that the submis C. 42 an oath. sion shall be made a rule of Court, it shall be ordered or agreed that the wit- 3&4 W. 4, nesses upon such reference shall be examined upon oath, it shall be lawful for rule of Court the arbitrator or umpire, or any one arbitrator, and he or they are hereby au- to administer thorized and required, to administer an oath to such witnesses, or to take their affirmation in cases where affirmation is allowed by law instead of oath; and if upon such oath or affirmation any person making the same shall wilfully and corruptly give any false evidence, every person so offending shall be deemed and taken to be guilty of perjury, and shall be prosecuted and punished accordingly. granting to ex. land and Ire. XLII. And whereas it would be convenient if the power of the superior Power of Courts of common law and equity at Westminster to grant commissions for commissions taking affidavits to be used in the said Courts respectively should be extend- to take affied; be it further enacted by the authority aforesaid, that the lord high chan- tend to Setcellor, lord keeper or lords commissioners of the great seal, the said Courts land. of law, and the several judges of the same, shall have such and the same powers for granting commissions for taking and receiving affidavits in Scotland and Ireland, to be used and read in the said Courts respectively, as they now have in all and every the shires and counties within the kingdom of England, and dominion of Wales, and town of Berwick-upon-Tweed, and in the Isle of Man, by virtue of the statutes now in force; and that all and every person and persons wilfully swearing or affirming falsely in any affidavit to be made before any person or persons who shall be so empowered to take affidavits under the authority aforesaid shall be deemed guilty of perjury, and shall incur and be liable to the same pains and penalties as if such person had wilfully sworn or affirmed falsely in the open Court in which such affidavit shall be entitled, and be liable to be prosecuted for such perjury in any Court of competent jurisdiction in that part of the United Kingdom in which such offence shall have been committed, or in that part of the United Kingdom in which such person shall be apprehended on such a charge. lition of cet XLIII. And whereas the observance of holidays in the said Courts of For the abocommon law during term time, and in the offices belonging to the same, on tain holithe several days on which holidays are now kept, is very inconvenient, and days. tends to delay in the administration of justice; be it therefore enacted by the authority aforesaid, that none of the several days mentioned in the statute passed in the sessions of parliament holden in the fifth and sixth years of the reign of King Edward the Sixth, intituled "An Act for keeping Holidays 5 & 6 Edw.6, and Fasting Days," shall be observed or kept in the said Courts, or in the several offices belonging thereto, except Sundays, the day of the Nativity of our Lord and the three following days, and Monday and Tuesday in Easter week. c. 3. ment of act XLIV. And be it further enacted, that this statute shall commence and Commence. take effect on the first day of June one thousand eight hundred and thirtythree. XLV. And be it further enacted, that nothing in this Act shall extend to that part of the United Kingdom called Ireland, or that part of the United Kingdom called Scotland, except in the cases hereinbefore specially mentioned. Not to extend to Ireland or REGULE GENERALES. TRINITY TERM. 1 WILLIAM IV. 1831. OF RULES Reg. Gen. WHEREAS declarations in actions upon bills of exchange, promissory notes, and the counts usually called the common counts, occasion unnecessary ex- Forms of pense to parties by reason of their length, and the same may be drawn in a declarations. more concise form: Now for the prevention of such expense, it is ordered, *that if any declaration in assumpsit hereafter filed or delivered, and to which In assumpthe plaintiff shall not be entitled to a plea as of this term, being for any of the [ *724 ] demands mentioned in the schedule of forms and directions annexed to this sit. Trin. T 1 In debt. Reg. Gen. order, or demands of a like nature, shall exceed in length such of the said W.4 forms set forth or directed in the said schedule as may be applicable to the case; or, if any declaration in debt to be so filed or delivered for similar causes of action, and for which the action of assumpsit would lie, shall exceed such length, no costs of the excess shall be allowed to the plaintiff if he succeeds in the cause; and such costs of the excess as have been incurred by the defendant shall be taxed and allowed to the defendant, and be deducted from the costs allowed to the plaintiff. And it is further ordered, that on the taxation of costs as between attorney and client, no costs shall be allowed to the attorney in respect of any such excess of length; and in case any costs shall be payable by the plaintiff to the defendant on account of such excess, the amount thereof shall be deducted from the amount of the attorney's bill. J. VAUGHAN. Count on a promissory TENTERDEN. N. C. TINDAL. J PARKE. W. BOLLAND. SCHEDULE OF FORMS AND DIRECTIONS. For that whereas the defendant, on the note against our Lord by payee or be. day of, in the year of at London [or in the county of -] made his promissory the maker, note in writing, and delivered the same to the plaintiff, and thereby promised indorsee, as to pay to the plaintiff £——, days [weeks or months] after the date the case may thereof [or as the fact may be], which period has now elapsed; [or if the note be payable to A. B.] and then and there delivered the same to A. B., and thereby promised to pay to the said A. B. or order £—, days [weeks or months] after the date thereof [or as the fact may be], which period has now elapsed; and the said A. B. then and there indorsed the same to the plaintiff, whereof the defendant then and there had notice, and then and there, in consideration of the premises, promised to pay the amount of the said note to the plaintiff, according to the tenor and effect thereof. Whereas one C. D. on the Count on a promissory dorsce. day of, in the year of our Lord note against at London [or in the county of ], made his promissory note in writing, rayee by in- and thereby promised to pay the defendant or order £. days [weeks or months] after the date thereof, [or as the fact may be] which period has now elapsed; and the defendant then and there indorsed the same to the plaintiff, [or, and the defendant then and there indorsed the saine to X. Y., and the said X. Y. then and there indorsed the same to the plaintiff';] and the said C. D. did not pay the amount thereof, although the same was there presented to him on the day when it became due; of all which the defendant then and there had due notice. Count ou a note against indorsee. Whereas one C. D. on, at London [or in the county of -], made promissory his promissory note in writing, and thereby promised to pay to X. Y. or order indorser by £, days [weeks or months] after the date thereof, [or as the fact may be,] which period has now elapsed; and then and there delivered the said note to the said X. Y., and the said X. Y. then and there indorsed the same to the defendant, and the defendant then and there indorsed the same to the plaintiff; [or, and the defendant then and there indorsed the same to Q. R., and the said Q. R. then and there indorsed the same to the plaintiff;] and the said C. D. did not pay the amount thereof although the same was there presented to him on the day when it became due; of all which the defendant then and there had due notice. [ *725] at London [or in the county of - ], made Count on an his bill of exchange in writing and directed the same to the defendant, and thereby required the defendant to pay to the plaintiff £ inland bill of exchange against the *Whereas the plaintiff on days [weeks or months] after the date [or sight] thereof, which period has now |