been examined be admissible in evidence against him or any 3 & 4 W. 4, one claiming under him. c. 42. indorse the the record. XXVII. And be it further enacted, That the name of Direction to every witness objected to as incompetent on the ground that name of the such verdict or judgment would be admissible in evidence witness on 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. powered to debts. XXVIII. And be it further enacted, That, upon all debts Jury emor sums certain, payable at a certain time or otherwise, the allow interjury, on the trial of any issue, or on any inquisition of est upon 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. actions the ges in the XXIX. And be it further enacted, That the jury, on the In certain trial of any issue, or on any inquisition of damages, may, if jury may they shall think fit, give damages in the nature of interest, give damaover and above the value of the goods at the time of the nature of conversion or seizure, in all actions of trover or trespass de interest. bonis asportatis, and over and above the money recoverable in all actions on policies of assurance made after the passing of this act. be allowed on all writs XXX. And be it further enacted, That, if any person Interest to shall sue out any writ of error, upon any judgment whatsoever, given in any court in any action personal, and the of error for court of error shall give judgment for the defendant there- that execu the time 3 & 4 W. 4, on, then interest shall be allowed by the court of error for such time as execution has been delayed by such writ of c. 42. tion has been delay- error, for the delaying thereof. ed. testator, to pay costs. XXXI. And be it further enacted, That, in every action Executors suing in brought by any executor or administrator in right of the right of the testator or intestate, such executor or 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 pay costs to the defendant in case of being nonsuited, or a verdict passing 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. One or more of several a nolle pro XXXII. And be it further enacted, That, where several defendants persons shall be made defendants in any personal action, in any ac- and any one or more of them shall have a nolle prosequi tion having entered as to him or them, or upon the trial of such action sequi, or a shall have a verdict pass for him or them, every such person have costs. shall have judgment for and recover his reasonable costs, unless, in the case of a trial, the judge before whom such cause shall be tried shall certify upon the record, under his hand, that there was a reasonable cause for making such person a defendant in such action. verdict, shall Where nolle prosequi en upon XXXIII. And be it further enacted, That, where any tered nolle prosequi shall have been entered upon any count, or any count,' as to part of any declaration, the defendant shall be entitled to, and have judgment for, and recover his reasonable costs in that behalf. &c. Plaintiff in ་ and plaintiff XXXIV. And be it further enacted, That, in all writs of scire facias, scire facias the plaintiff obtaining judgment on an award of or defendant execution, shall recover his costs of suit upon a judgment rer, to have by default, as well as upon a judgment after plea pleaded or on demur costs. Costs of spe demurrer joined; and that, where judgment shall be given either 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 favour such judgment shall be given shall also have judgment to recover his costs in that behalf. XXXV. And whereas, it is provided in and by a statute c. 42. in case of a 50. passed in the sixth year of the reign of his late Majesty, 3 & 4 W. 4, intituled "An Act for consolidating and amending the law relative to jurors and juries," that the person or party who cial juries shall apply for a special jury shall pay the fees for striking nonsuit. such jury, and all the expenses occasioned by the trial of 6 G. 4, c. 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 provision of the said last-mentioned 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 ster taxing XXXVI. And whereas, it would tend to the better dis- Power to patch of business, and would be more convenient, and bet-lations as to ter assimilate the practice, and promote uniformity in the the officers allowance of costs, if the officers on the plea side of the court at courts of King Bench and Exchequer, and the officers of Westminthe court of Common Pleas at Westminster, who now per- costs. form the duties of taxing costs, were to be empowered to tax costs which have arisen, or may arise, in each of 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 aforesaid, 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 3 & 4 W. 4, courts, and to alter the same when and as it may seem to c. 42. Executors of lessor may distrain for arrears in his lifetime. Arrears may be distrain after deter mination of term. them expedient. 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 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. XXXVIII. And be it further enacted, that such arreared for with- ages may be distrained for after the end or determination six months of such term or lease at will, in the 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. Submission to arbitra tion by rule of court, &c. not to leave of the court. any XXXIX. And whereas it is expedient to render references to arbitration more effectual (ƒ): be it further enacted, That the power and authority of any arbitrator or be revoca- umpire appointed by or in pursuance of any rule of court, ble without or judge's order, 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 containing an agreement that such submission shall be made a rule of 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 (f) The grounds of this and the two following sections will be found in the second Report of the common law commissioners. from time to time enlarge the term for any such arbitrator 3 & 4 W. 4, making his award. c. 42. attendance XL. And be it further enacted, That, when any reference Power to shall have been made by any such rule or order as afore- compel the said, or by any submission containing such agreement as of witnesses. 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 disobedience 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 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 more than two consecutive days, to be named in such order. the arbitrators under a to adminis ter an oath. XLI. And be it further enacted, That, when in any rule Power for or order of reference, or in any submission to arbitration containing an agreement that the submission shall be made rule of court a rule of court, it shall be ordered or agreed that the witnesses upon such reference shall be examined upon oath, it shall be lawful for the arbitrator or umpire, or any one arbitrator, and he or they are hereby authorized 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 per |