« PreviousContinue »
were formerly exposed, when the right of entry occurred at particular periods of the year.—11 Geo. 4, and 1 Will. 4, c. 70.
10. Improvements in the course Recommended in the of proceeding in prohibition and same Report, p. 11, mandamus, by which some unne
12. cessary expense is saved, and some unnecessary forms rescinded, and proper provision made for payment of costs to the successful party.—1 Will. 4, c. 21.
11. Power given to the Courts Recommended in the
Common Law to order the ex- same Report, p. 23. amination of witnesses upon interrogatories, and to order a commission to issue for examination of witnesses abroad, the want of which power had been productive of great difficulty, delay and expense, and sometimes of an absolute failure of justice.—1 Will. 4, c. 22.
12. Various provisions with re- Recommended (for spect to bail, tending to the ma- the most part) in the terial diminution of difficulty and First Report of Comexpense, to the abolition of the
mon Law Commisdisgraceful system of sham bail, sioners, p. 104, 108. to the better security of the plaintiff against insufficient bail, and to the greater facility of the defendant in procuring bail.-11 Geo. 4, and 1 Will. 4, c. 70; Reg. Gen. Trin. Term, 1831.
13. The introduction of a cheap Recommended in the and summary method, by which Second Report of the persons exposed to the claim of Common Law Comtwo or more adverse parties, and missioners, p. 24. having themselves no interest in the subject of the claim, may obtain relief at common law, without resorting to a Court of Equity.—1 & 2 Will. 4, c. 58.
14. The retrenchment and sim- Recommended in the plification of the common counts same Report, p. 91, in assumpsit and debt, by which 95; and in the Third considerable expense is saved, Report of same Comand the foundation laid for still missioners, p. 52. more important reforms of the same description. -- Reg. Gen. Trin. Term, 1831.
15. The abolition of the com- Recommended in the
plicated, inconvenient, and expen- First Common Law sive system of process in personal Report, p. 84. actions, established for centuries past in the Courts at Westminster, and the substitution of a simple, convenient, and uniform system in its place.—2 Will. 4, c. 39, and 3 & 4 Will. 4, c. 67; Reg. Michaelmas Term, 1832.
16. The reform of that dilatory Recommended in the state of the practice by which, Second Report of the upon any process returnable Common Law Comwithin four days of the end of
missioners, p. 30. any term, all proceedings were necessarily suspended until the beginning of the next term; and the establishment of a new system, by which, upon all process whenever issued, the plaintiff may proceed forthwith to judgment and execution, (saving only a short and necessary period for vacation.)-Ibid.
17. Provisions for shortening the period of prescription in claims to incorporeal hereditaments, and sregulating the form of pleading
in such cases.-2 & 3 Will. 4, c. 71.
Recommended in the 18. The abolition (with some
same Report, p. 6; few exceptions,) of real and mixed and also in the First
Report of the Real actions.-3 & 4 Will. 4, c. 27.
sioners, p. 41. 19. Provisions for a limitation Recommended in the of time in actions and proceedings First Report of the in respect of real property, in va- Real Property Comrious cases before unprovided for, missioners, p. 39. and the improvement of the law of limitation as to real property in other cases.—3 & 4 Will. 4, c. 27.
20. The removal of the great in- Recommended in the conveniences and abuses attending Second Report of the the use of the generalissue in plead- Common Law Coming, and the introduction of such missioners, p. 44, 51;
and in Third Report reforms on that subject as tend to
of same Commissionpromote certainty of justice, and
ers, pp. 54, 55, 59, dispatch in the trial of a cause, to 60. reduce the expense of proof, and to render less frequent the applications for new trials.43 & 4 Will. 4, c. 42; Reg. Hil. Term, 1834.
21. The removal of the great Recommended in the inconveniences and abuses attend- Second Report of the ing the use of various counts and same Commissioners, pleas where the subject-matter of p. 42. complaint or defence is, in each count or plea, substantially the same.--Ibid.
22. The supply of certain great Recommended in the defects in the law of actions, by Third Report of the
Common Law Comgiving a right of action to exe
missioners, p. 17. cutors, and against executors, in various cases before left without remedy.—3 & 4 Will. 4, c. 42.
23. The supply of certain other Recommended in the great defects in the law of actions, same Report, p. 15. by imposing a limitation of time as to bringing personal actions, in various cases where no limitation had before been provided.—Ibid.
24. The improvement, in seve- Recommended (in ral particulars, of the law of pleas substance) in same in abatement. Ibid.
Report, p. 23, 24.
25. The abolition of the useless Recommended the and antiquated trial by wager of same Report, p. 18. law.-Ibid.