"ment or execution shall be stayed, till a day to be named in such CH. XXII. "order". 66 66 "Provided, that all and every the provisions contained in the statute made and passed in the first year of the reign of his present majesty, intituled an act for the more speedy judgment and "execution, in actions brought in his majesty's courts of law at "Westminster, and in the court of Common Pleas of the county "palatine of Lancaster, and for amending the law as to judgment " on a cognovit actionem in cases of bankruptcy,' shall, so far as the "same are applicable thereto, be extended and applied to judg"ments and executions upon such writs of inquiry, in like manner " as if the same were expressly re-enacted therein.” b Stat. 3 & 4 W. IV. c. 42. § 18. b Id. § 19. Ante, 131, 2. CHAP. XXIV. Of CHANGING the VENUE, &c. venue. IN the King's Bench, the rule to change the venue is absolute in Rule to change the first instance: In the Common Pleas and Exchequer, it was formerly only a rule to shew cause a: But, by a late rule of all the Absolute in first courts", "in cases where the application for a rule to change the instance. venue is made upon the usual affidavit only, the rule shall be absolute in the first instance; and the venue shall not be brought back, except upon an undertaking of the plaintiff to give material. evidence in the county in which the venue was originally laid." a Tidd Prac. 9 Ed. 608, 9. And as to the practice of changing, and bringing back, the venue in general, see id. 601, &c. R. H. 2 W. IV. reg. 1. § 103. 8 Bing. 304. And for the form of the rule When impartial trial cannot be had. Power to direct local actions to be tried in any county. : When a fair and impartial trial cannot be had in the county where the venue is laid, the courts, on an affidavit of the circumIn local actions. stances, will change it in transitory actions"; or, in local actions, would formerly have given leave to enter a suggestion on the roll, with a nient dedire, in order to have the trial in an adjoining county and the parties by consent might have changed the venue in local actions; or have them tried out of their proper county, such consent being entered by suggestion on the roll d. And now, by the late act for the further amendment of the law, &c. reciting that unnecessary delay and expence were sometimes occasioned by the trial of local actions in the county where the cause of action had arisen; it is enacted, that "in any action depending "in any of the superior courts of common law at Westminster, "the venue in which is by law local, the court in which such ac"tion shall be depending, or any judge of any of the said courts, may, on the application of either party, order the issue to be "tried, or writ of inquiry to be executed, in any other county or place than that in which the venue is laid; and for that purpose, any such court or judge may order a suggestion to be entered on "the record, that the trial may be more conveniently had, or writ "of inquiry executed, in the county or place where the same is "ordered to take place." 66 66 3 Mayor of Poole v. Bennet, 2 Str. Regina v. Delme, 10 Mod. 198. 1 Durnf. & E. 363. с Mayor, &c. of Bristol v. Proctor, 1 Wils. 298. Groves v. Durall, H. 38 Geo. III. K. B. d Fonnerau v. Fonnerau, in K. B. per Cur. and see Tidd Prac. 9 Ed. 605, 6. e 3 & 4 W. IV. c. 42. § 22. and see 3 Rep. C. L. Com. 14. 73. CHAP. XXV. Of BRINGING MONEY into COURT. BY the common carriers' act", "in all actions to be brought In actions 66 mon carriers. against any mail contractor, stage coach proprietor, or other against comcommon carrier for hire, for the loss of, or injury to any goods "delivered to be carried, whether the value of such goods shall "have been declared or not, it shall be lawful for the defendant or "defendants to pay money into court, in the same manner, and with "the same effect, as money may be paid into court in any other "action." And, by the late act for the further amendment of the In all personal law ", &c. "it shall be lawful for the defendant in all personal certain excepactions, with "actions, (except actions for assault and battery, false imprison- tions. "ment, libel, slander, malicious arrest or prosecution, criminal 66 66 conversation, or debauching of the plaintiff's daughter or ser vant,) by leave of any of the superior courts of law at Westmin"ster, where such action is pending, or a judge of any of the said 66 superior courts, 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 plead"ing, as the said judges, or any eight or more of them, of whom "the chief of each of the said courts shall be three, shall, by any "rules or orders, by them to be from time to time made, order " and direct." 11 Geo. IV. & 1 W. IV. c. 68. § 10. and see 2 Rep. C. L. Com. 52, &c. 100.; and for the practice of bringing money into court in general, and its con sequences, see Tidd Prac. 9 Ed. 619, b 3 & 4 W. IV. c. 42. § 21. and see CHAP. XXVI. In actions upon contracts, non joinder of one of several partners, can only be pleaded in abatement. In actions for wrongs, the non wrong-doers is not pleadable in abatement. carriers. Of PLEAS in ABATEMENT, for NONJOINDER of PAR- IN actions upon contracts, when there are several parties, the joinder of other they are of a joint and several nature, the plaintiff may proceed c. 68. 66 66 “ of joining any co-proprietor or copartner in any mail, stage coach, "or other public conveyance by land for hire." a 1 Wms. Saund. 5 Ed. 291. b. (4.) Darwent v. Walton, 2 Atk. 510. Ansell v. Waterhouse, 6 Maule & S. 385.2 Chit. R. 1. S. C. and see Mitchell v. Tarbutt, 5 Durnf. & E. 649. Govett v. Radnidge, 3 East, 62. Bretherton v. Wood, 6 Moore, 141. Brod. & B. 54. 9 Price, 408. S. C. but see Buddle v. Willson, 6 Durnf. & E. 369. Powell v. Layton, 2 New Rep. C. P. 365. semb. contra. and see Tidd Prac. 9 Ed. 635, 6. 66 OF PLEAS IN ABATEMENT, FOR NONJOINDER. Also, by the late act for the further amendment of the law a, &c. "no plea in abatement, for the nonjoinder of any person as a "co-defendant, shall be allowed in any court of common law, unless "it shall be stated in such plea, that such person is resident within "the jurisdiction of the court; and unless the place of residence of "such person shall be stated, with convenient certainty, in an affidavit verifying such plea." And it having been holden, that joint contractors must all be sued, though one of them has become bankrupt, and obtained his certificate, or if not, that the parties sued may plead in abatement ; it is further enacted, by the same statute, that " to any plea in abatement, in any court of law, of "the nonjoinder of another person, the plaintiff may reply that "such person has been discharged by bankruptcy and certificate, "or under an act for the relief of insolvent debtors." in By Lord Tenterden's act", "if any defendant or defendants, in any action on any simple contract, shall plead any matter "abatement, to the effect that any other person or persons ought "to be jointly sued, and issue be joined on such plea, and it shall appear at the trial, that the action could not, by reason of the "therein recited acts, or that act, or of either of them, be maintain 66 66 Effect of such plea, where the maintainable against the persons named action is not therein, for want of a written promise or acknowstat. 9 Geo. IV. ledgment, by c. 14. ed against the other person or persons named in such plea, or any "of them, the issue joined on such plea shall be found against the "party pleading the same." And, by the statute 3 & 4 W. IV. c. 42. "in all cases in which, Where subse"after such plea in abatement, the plaintiff shall, without having ings are had "proceeded to trial upon an issue thereon, commence another against the per"action against the defendant or defendants in the action in which therein. "such plea in abatement shall have been pleaded, and the person 66 " or persons named in such plea in abatement as joint contractors, "if it shall appear, by the pleadings in such subsequent action, or "on the evidence at the trial thereof, that all the original defend"ants are liable, but that one or more of the persons named in "such plea in abatement, or any subsequent plea in abatement, 66 are not liable as a contracting party or parties, the plaintiff shall "nevertheless be entitled to a judgment, or to a verdict and judg quent proceed sons named |