COMMON LAW PROCEDURE ACTS

AND

OTHER STATUTES RELATING TO THE PRACTICE

OF

The Superior Courts of Common Law

AND THE RULES OF COURT;

WITH NOTES.

BY

JOHN C. F. S. DAY, ESQ.

BARRISTER AT LAW.

Third Edition.

LONDON:

HENRY SWEET, 3, CHANCERY LANE,
Law Bookseller and Publisher.

1868.

LONDON:

PRINTED BY C. ROWORTH AND SONS,

NEWTON STREET, W.C.

ADVERTISEMENT

TO THE THIRD EDITION.

IN presenting this Edition to the Profession, the Editor has endeavoured to deserve a continuance of their approval by correction of old matter, and by introduction of recent decisions and of such new legislation as relates to Common Law Practice.

The Editor has been throughout assisted by his friend Mr. Maurice Powell, of the Inner Temple, and to that assistance are to be ascribed the improvements which this Edition presents.

MIDDLE TEMPLE, April, 1868.

PREFACE

TO THE FIRST EDITION.

Now that the Common Law Commissioners have made their third and final Report, the proper time seems to have come for presenting to the Profession a complete collection of the fruits of their valuable labours.

The mere gathering together the Common Law Procedure Acts of 1852, 1854 and 1860, and the Rules of Court which have been made by the Judges in order to facilitate their application, would be a very imperfect display of the vast reforms which have been effected by these statutes, and, under them, by the Judges, who have administered the new laws with the most scrupulous and successful regard to the expressed intentions of the Legislature, and to the true benefit of the suitors.

The Editor has, therefore, carefully collected all the reported cases which can assist the Practitioner and the Student to the right understanding and application of the several provisions of these important statutes, and has subjoined notes to assist in the interpretation of those enactments which have not yet definitively received an authoritative construction.

He has, moreover, added, with cases and notes, the