poses to adduce in evidence the several documents hereunder speci

fied, and that the same may be inspected by the {

attorney, or agent, at

between the hours of

, on

S defendant
plaintiff

; and that the

} his

S defendant plaintiff

will be required to admit that such of the said documents as are specified to be originals, were respectively written, signed, or executed, as they purport respectively to have been; that such as are specified as copies, are true copies; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this cause. Dated, &c. To E. F., Attorney G. H. Attorney Plaintiff

Defendant

or Agent for Plaintiff.

for {Defendant.}

[Here describe the documents, the manner of doing which may be as follows:--]

WHEREAS it is provided by the statute 3 & 4 Will. IV., c. 42, s. 1, that the Judges of the Superior Courts of Common Law at Westminster, or any eight or more of them, of whom the chiefs of each of the said Courts should be three, should and might, by any rule or order to be from time to time by them made, in term or vacation, at any time within five years from the time when the said act should take effect, make such alterations in the mode of pleading in the said Courts, and in the mode of entering and transcribing pleadings, judgments and other proceedings in actions at law, and such regulations as to the payment of costs, and otherwise, for carrying into effect the said altera

tions as to them might seem expedient; which rules, orders and regulations were to be laid before both Houses of Parliament as therein mentioned, and were not to have effect until six weeks after the same should have been so laid before both Houses of Parliament, but after that time should be binding and obligatory on the said Courts, and all other Courts of Common Law, and be of the like force and effect as if the provisions contained therein had been expressly enacted by Parliament :

Provided that no such rule or order should have the effect of depriving any person of the power of pleading the general issue, and of giving the special matter in evidence, in any case wherein he then was or thereafter should be entitled so to do, by virtue of any act of parliament then or thereafter to be in force:

It is therefore ordered, that from and after the first day of Easter term next inclusive, unless Parliament shall in the meantime otherwise enact, the following Rules and Regulations, made pursuant to the said statute, shall be in force.

FIRST GENERAL RULES and regulaTIONS.

1. Every pleading, as well as the declaration, shall be entitled of the day of the month and year when the same was pleaded, and shall bear no other time or date; and every declaration and other pleading shall also be entered on the record made up for trial, and on the judgment roll, under the date of the day of the month and year when the same respectively took place, and without reference to any other time or date, unless otherwise specially ordered by the Court or a Judge.

2. No entry of continuances by way of imparlance, curia advisari vult, vicecomes non misit

breve, or otherwise, shall be made upon any record or roll whatever, or in the pleadings, except the jurata ponitur in respectu, which is to be retained.

Provided that such regulation shall not alter or affect any existing rules of practice as to the times of proceeding in the cause.

Provided also, that in all cases in which a plea puis darrein continuance is now by law pleadable in banc or at nisi prius, the same defence may be pleaded, with an allegation that the matter arose after the last pleading, or the issuing of the jury process, as the case may be.

Provided also, that no such plea shall be allowed, unless accompanied by an affidavit, that the matter thereof arose within eight days next before the pleading of such plea, or unless the Court or a Judge shall otherwise order.

3. All judgments, whether interlocutory or final, shall be entered of record of the day of the month and year, whether in term or vacation, when signed, and shall not have relation to any other day.

Provided that it shall be competent for the Court or a Judge to order a judgment to be entered nunc pro tunc.

4. No entry shall be made on record of any warrants of attorney to sue or defend.

5. And whereas, by the mode of pleading hereinafter prescribed, the several disputed facts material to the merits of the case will, before the trial, be brought to the notice of the respective parties more distinctly than heretofore, and by the said act of the 3d & 4th Will. IV. c. 42, s. 23, the powers of amendment at the trial, in cases of variance, in particulars not material to the merits of the case, are greatly enlarged.

Several counts shall not be allowed, unless a distinct subject-matter of complaint is intended to be established in respect of each, nor shall several pleas, or avowries, or cognizances, be allowed, unless a distinct ground of answer or defence is intended to be established in respect of each.

Therefore, counts founded on one and the same principal matter of complaint, but varied in statement, description, or circumstances only, are not to be allowed.

Ex. gr. counts, founded upon the same contract, described in one as a contract without a condition, and in another as a contract with a condition, are not to be allowed, for they are founded on the same subject-matter of complaint, and are only variations in the statement of one and the same contract.

So counts for not giving, or delivering, or accepting a bill of exchange in payment, according to the contract of sale, for goods sold and delivered, and for the price of the same goods to be paid in money, are not to be allowed.

So counts for not accepting and paying for goods sold, and for the price of the same goods, as goods bargained and sold, are not to be allowed.

But counts upon a bill of exchange or promissory note, and for the consideration of the bill or note in goods, money, or otherwise, are to be considered as founded on distinct subject-matters of complaint, for the debt and the security are different contracts; and such counts are to be allowed. Two counts upon the same policy of insurance are not to be allowed.

But a count upon a policy of insurance, and a count for money had and received, to recover back the premium upon a contract implied by law, are to be allowed.