the ance of made by any such rule or order as aforesaid, or by any submission contained 3 & 4 W. in such agreement as aforesaid, it shall be lawful for the Court by which such 4, c. 42. rule or order shall be made, or which shall be mentioned in such agreement, attendor 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 witnesof any documents to be mentioned in such rule or order; and the disobedi- ses. 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 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 the 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 shall be compelled to produce, under any such rule or order, any writing or other document that he would not be compelled to produce at a trial, or to attend at [ *723] more than two consecutive days, to be named in such order. trators un XLI. And be it further enacted, that when in any rule or order of reference, Power for or in any submisson to arbitration containing an agreement that the submis- the arbision shall be made a rule of Court, it shall be ordered or agreed that the wit- der a rule nesses upon such reference shall be examined upon oath, it shall be lawful for of Court to the arbitrator or umpire, or any one arbitrator, and he or they are hereby au- administer thorized and required, so to administer an oath to such witnesses, or to take oath. 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 offending shall be deemed and taken to be guilty of perjury, and shall be prosecuted and punished accordingly. commis Scotland 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 granting taking affidavits to be used in the said Courts respectively should be extend- sions to ed; be it further enacted by the authority aforesaid, that the lord high chan- take afficellor, lord keeper or lords commissioners of the great seal, the said Courts davits to of law, and the several judges of the same, shall have such and the same extend to powers for granting commissions for taking and receiving affidavits in Scot- and Ireland and Ireland, to be used and read in the said Courts respectively, as they land. 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. XLIII. And whereas the observance of holidays in the said Courts of For the common law during term time, and in the officers belonging to the same, on abolition the several days on which holidays are now kept, is very inconvenient, and of certain holidays. 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 3. 5 & 6 reign of King Edward the Sixth, intituled "An Act for keeping Holidays Edw. 6, c. 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. Commencement of act. Not to extend to XLIV. And be it further enacted, that this statute shall commence and 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 Ireland or Kingdom called Scotland, except in the cases herein before specially menScotland. tioned. OF RULES OF COURT. W. 4. [ 724 ] In assumpsit. In debt. Count on sory note REGULE GENERALES. TRINITY TERM. 1 WILLIAM IV. 1831. WHEREAS declarations in actions upon bills of exchange, promissory notes, and the counts usually called the common counts, occasion unnecessary expense to parties by reason of their length, and the same may be drawn in a 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 the plaintiff shall not be entitled to a plea as of this term, being for any of the demands mentioned in the schedule of forms and directions annexed to this order, or demand of a like nature, shall exceed in length such of the said 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 succeed 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. TENTERDEN. N. C. TINDAL. J. VAUGHAN. J. PARKE. SCHEDULE OF FORMS AND DIRECTIONS. day of —, in the year of For that whereas the defendant, on the a promis- our Lord, at London [or in the county of -] made his promissory against the note in writing, and delivered the same to the plaintiff, and thereby promised maker, by to pay the plaintiff £ days [weeks or months] after the date payee or thereof [or as the fact may be], which period has now elapsed; [or if the indorsee, note be payable to A. B.] and then and there delivered the same to Ã. B., as the case and thereby promise to pay to the said A. B. or order £ may be. Count on 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 day of —, in the year of our Lord at London [or in the county of T. 1 W. 4. sory note -], made his promissory note in writing, Reg. and thereby promised to pay the defendant or order £——, days [weeks Gen. Trin. 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 a promisplaintiff, [or, and the defendants then and there indorsed the same to X. Y., against 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 sented to him on the day when it became due; of all which the defendant then and there had due notice. pre payee by indorsee. Whereas one C. D. on at London [or in the county of -], made Count on his promissory note in writing, and thereby promised to pay X. Y. or order a promis £. days [weeks or months] after the date thereof, [or as the fact sory note may be], which period has now elapsed; and then and there delivered the against indorser by said note to the said X. Y., and the said X. Y. then and there indorsed the indorsee. 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] Whereas the plaintiff on at London [or in the county of -], made Count on his bill of exchange in writing and directed the same to the defendant, and an inland thereby required the defendant to pay to the plaintiff £[weeks or months] after the date [or sight] thereof, which period has now against the elapsed; and the defendant then and there accepted the said bill, and promis- acceptor ed the plaintiff to pay the same, according to the tenor and effect thereof and by the of his said acceptance thereof, but did not pay the same when due. Whereas the plaintiff on ―, at London [or in the county of his bill of exchange in writing and directed the same to the defendant, and Count on thereof required the defendant to pay to O. P. or order £ bill of ex days change -], made drawer, being also payee. days an inland bill of ex [weeks or months] after the date [or sight] thereof, which period has now elaps- change ed; and then and there delivered the same to the said O. P., and the said de- against fendant then and there accepted the same, and promised the plaintiff to pay the accepthe same according to the tenor and effect thereof, and of his acceptance there- tor by the of; yet he did not pay the amount thereof, although the said bill was there predrawer, not being sented to him on the day when it became due, and thereupon the same was the payee. then and there returned to the plaintiff'; of all which the defendant then and there had notice. bill of ex Whereas one E. F. on at London [or in the county of -], made Count on his bill of exchange in writing and directed the same to the defendant, and an inland thereby required the defendant to pay to the said E. F. [or to H. G.] or order change days [weeks or months] after date [or sight] thereof, which peri- against od has now elapsed, and the defendant then and there accepted the said bill, the accepand the said E. F. [or the said H. G.] then and there indorsed the same to the tor by plaintiff; [or and the said E. F., or, the said H. G. then and there indorsed the same to K. J., and the said K. J. then and there indorsed the same to the plaintiff;] of all which the defendant then and there had due notice, and then and there promised the plaintiff to pay the amount thereof according to the tenor and effect thereof, and of his acceptance thereof. indorsee. -], made Count on days bill of ex Whereas one E. F. on, at London [or in the county of his bill of exchange in writing and directed the same to the defendant, and an inland thereby required the defendant to pay to the plaintiff --, [weeks or months] after the sight [or date] thereof which period has now against elapsed, and the defendant then and there accepted the same, and promised the accepthe plaintiff to pay the same according to the tenor and effect thereof, and tor by the of his acceptance thereof. Whereas the defendant on at London [or in the county of payee. -,] Count on Reg. Gen. made his bill of exchange in writing and directed the same to J. K., and Trin. T. 1 thereby required the said J. K. to pay to the plaintiff --› W. 4. an inland by payee on nonacceptance. Count on an inland bill of ex change against drawer by indorsee on nonacceptance. Count on an inland bill of exchange against indorser by indorsee on non ассер tance. Count on an inland bill of exchange against payee by indorsee on non acceptance. days [weeks or months] after the date [or sight] thereof, and then and there delivered the same to the said plaintiff, and the same was then and there presented to the said J. K. for acceptance, and the said J. K. then and there refused to accept the same; all of which the defendant then and there had due notice. Whereas the defendant on, at London [or in the county of --], made his bill of exchange in writing and directed the same to J. K., and thereby required the said J. K. to pay to the order of the said defendant L days [weeks or months] after the sight [or date] thereof, and the said defendant then and there indorsed the same to the plaintiff, [or, and the said defendant then and there indorsed the same to L. M. and the said L. M. then and there indorsed the same to the plaintiff; and the same was then and there present presented to the said J. K. for acceptance, and the said J. K. then and there refused to accept the same; all of which the defendant then and there had due notice. And whereas one N. O. on at London [or in the county of], made his bill of exchange in writing and directed the same to P. Q, and thereby required the said P. Q. to pay to his order £ * days [weeks or months] after the date [or sight] therefore, and the said N. O. then and there indorsed the said bill to the defendant [or to R. S. and the said R. S. then and there indorsed the same to the defendant,] and the defendant then and there indorsed the same to the plaintiff; and the same was then and there presented to the said P. Q. for acceptance, and the said P. Q. then and there refused to accept the same; of all which the defendant then and there had due notice. Whereas one N. O. on at London [or in the county of ], made his bill of exchange in writing and directed the same to P. Q., and thereby required the said P. Q. to pay to the defendant or order £ days weeks or months] after the date [or sight] thereof, and then and there deliv ered the same to the defendant, and the defendant then and there indorsed the said bill to the plaintiff, [or to R. S., and the said R. S. then and there indorsed the same to the plaintiff,] and the same was then and there presented to Direction the said P. Q. for acceptance, and the said P. Q. then and there refused to for declaaccept the same; of all which the defendant then and there had due notice. If the declaration be against any party to the bill except the drawee or acceptor, and the bill be payable at any time after date, and the action not brought till the time is expired, it will be necessary to insert, as in the declarations on promissory notes, immediately after the words denoting the time appointed for payment, the following words, viz.: which period has now elapsed, and, instead of averring that the bill was presented to the drawee for acceptance, and that he refused to accept the same, to allege that the drawee [naming him] did not pay the said bill, although the same was there presented to him on the day when it became due. ration on bills where action brought after time of payment ex pired. 1st. On bills pay able after date. 2d. On ble after And if the declaration be against any party except the drawee or acceptor, bills paya- and the bill be payable at any time after sight, it will be necessary to insert, after the words denoting the time appointed for payment, the following words, sight. viz.: and the said drawee [naming him] then and there saw and accepted the for decla- same, and the said period has now elapsed, and instead of alleging that the bill rations on was presented for acceptance and refused, to allege that the drawee [naming him] did not pay the said bill, although the same was presented to him on the day notes pay- when it became due. Directions bills or able at sight. If a Note or Bill be payable at sight, the form of the declaration must be On foreign varied so as to suit the case, which may be easily done. bills. Declaration on foreign bills may be drawn according to the principle of these forms, with the necessary variations. COMMON COUNTS. Reg. Gen. Trin. T. 1 Whereas the defendant on — at London [or, in the county of -], Goods barwas indebted to the plaintiff in £, for the price and value of goods then gained and there bargained [or, sold] and sold [or delivered] by the plaintiff to the de- and sold, fendant, at his request: or sold and deliv materials. And in £, for the price and value of work then and there done, and ered. materials for the same provided by the plaintiff for the defendant, at his re- Work and quest: And in £ —, for money then and there lent by the plaintiff to the defend- Money ant at his request: lent. And in £, for money then and there paid by the plaintiff for the use of Money the defendant, at his request: paid. And in £- for money then and there received by the defendant for the Money use of the plaintiff: received. And in £, for money found to be due from the defendant to the plain- Account tiff, on an account then and there stated between them. stated. And whereas the defendant afterwards, on, &c., in consideration of the prem- General ises respectively, then and there promised to pay the said several monies re- concluspectively to the plaintiff, on request: Yet he hath disregarded his promises, sion. and hath not paid any of the said monies or any part thereof; to the plaintiff's damage of £, and thereupon he brings suit, &c. *If the declaration contains one or more counts against the maker of a note [ *727] or acceptor of a bill of exchange, it will be proper to place them first in the Directions declaration, and then in the general conclusion to say, promised to pay the to the gensaid last-mentioned several monies respectively. REGULE GENERALES. TRINITY TERM. 1 WILLIAM IV. 1831. eral con clusion. IT IS ORDERED, That a defendant may justify bail at the same time at which Justifying they are put in, upon giving four days' notice for that purpose, before eleven at time of putting in o'clock in the morning, and exclusive of Sunday. That if the plaintiff is de- bail. sirous of time to inquire after the bail, and shall give one day's notice thereof, as aforesaid, to the defendant, his attorney or agent, as the case may be, before the time appointed for justification, stating therein what further time is requir ed, such time not to exceed three days in the case of town bail, and six days in the case of country bail, then (unless the Court or a judge shall otherwise order) the time for putting in and justifying bail shall be postponed according ly, and all proceedings shall be stayed in the mean time. bail. 2. And it is further ordered, that every notice of bail, in addition to Form of the descriptions of the bail, mention the street or place, and number (if any) notice of where each of the bail resides, and all the streets or places, and numbers (if any), in which each of them has been resident at any time within the last six months, and whether he is a housekeeper or freeholder. Affidavit of justification by 3. And it is further ordered, that if the notice of bail shall be accompanied by an affidavit of each of the bail according to the form hereto subjoined, and if the plaintiff afterwards except to such bail, he shall if such bail are allowed, bail. pay the costs of justification, and if such bail are rejected, the defendant shall pay the costs of opposition, unless the Court or a judge thereof shall otherwise order. 4. And it is further ordered, that if the plaintiff shall not give one day's Notice of notice of exception to the bail, by whom such affidavit shall have been made, exception. the recognizance of such bail may be taken out of Court without other justification than such affidavit. |