A BILL INTITULED An Act to enable the Judges of the Courts of Common Law at Westminster to alter the Forms of Pleading. W T c. 42. HEREAS by an Act of the Fourth Year of King William 3 & 4 W. 4. the Fourth, and an Act of the Second Year of Her 1 & 2 Vict. Majesty, Powers were given to the Judges of the Superior c. 100. Courts of Common Law at Westminster to make (within Periods 5 which have expired) Alterations in the Forms of Pleading: And whereas it is desirable that Powers should be given to the said Judges, within such Time and under such Limitations as herein-after expressed, to make such further Alterations in Pleadings as they may deem expedient, and such other Alterations as herein-after mentioned: 10 Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Judges of the said Superior Courts, or any Eight or more of them, of whom the Chiefs of each of the 15 said Courts shall be Three, shall and may, by any Rule or Order to make Rules be from Time to Time by them made in Term or Vacation, at any for altering Time within Five Years after the passing of this Act, make such the Mode of Alterations in the Mode of pleading in the said Courts, and in the pleading, &c. in Actions Mode at Law. 337. Judges of the Courts may or Orders not to be valid until Three Months after being laid Mode of entering and transcribing Pleadings, Judgments, and other Proceedings in Actions at Law, and in the Time and Manner of objecting to Errors in Pleadings and other Proceedings, and in the Mode of verifying Pleas and obtaining final Judgment without Trial in certain Cases, and such Regulations as to the Payment of Costs, 5 and otherwise, for carrying into effect the said Alterations, as to them may seem expedient; and all such Rules, Orders, or Regulations shall be laid before both Houses of Parliament, if Parliament be then sitting, immediately upon the making of the same, or if Parliament be not sitting, then within Five Days after the next Meeting 10 Such Rules thereof; and no such Rule, Order, or Regulation shall have Effect or Orders until Three Months after the same shall have been so laid before both Houses of Parliament; and any Rule, Order, or Regulation so made shall, from and after such Time aforesaid, be binding and obligatory on the said Courts and all other Courts of Common Law, and on 15 all Courts of Error into which the Judgments of the said Courts or any of them shall be carried by any Writ of Error, and be of the like Force and Effect as if the Provisions contained therein had been expressly enacted by Parliament: Provided always, that it shall be lawful for the Queen's most Excellent Majesty, by any Proclamation 20 suspended by inserted in the London Gazette, or for either of the Houses of ParProclamation liament by any Resolution passed at any Time within Three Months next after such Rules, Orders, and Regulations shall have been laid before Parliament, to suspend the whole or any Part of such Rules, Orders, or Regulations, and in such Case the whole, or such Part 25 thereof as shall be so suspended, shall not be binding and obligatory on the said Courts, or on any other Court of Common Law or Court of Error. before Parliament; and may previously be declared or Resolu tion. |