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COURTS OF KING'S BENCH,
IN PERSONAL ACTIONS; 1622
TO WHICH ARE ADDED,
THE LAW AND PRACTICE OF EXTENTS ;
THE RULES OF COURT; AND MODERN DECISIONS,
EXCHEQUER OF PLEAS.
IN TWO VOLUMES.
THE NINTH EDITION;
By WILLIAM TIDD, Esq.
PRINTED FOR JOSEPH BUTTERWORTH AND SON, 43, AND
H. BUTTERWORTH, 7, FLEET STREET,
SINCE the publication of the eighth edition of the following Work, several acts of parliament have expired, or been repealed, and others passed, which have occasioned considerable alterations in the practice of the different courts. Some new rules of court have also been made, during that period, and upwards of eight hundred cases published, on practical subjects.
The restrictions on cash payments under the Bank acts having finally ceased, it is no longer necessary to negative a tender of the debt in bank notes, in an affidavit to hold to bail. The alien acts having expired, aliens are now no longer privileged from arrest. The statute 51 Geo. III. c. 124. having also been suffered to expire, an act was made in the last session of parliament', to prevent arrests upon mesne process, where the debt or cause of action is under twenty pounds ; and to regulate the practice of arrests. By this act, no person can, in general, be arrested or held to special bail, where the cause of action is less than twenty pounds; nor, in Wales or the counties palatine, unless the process be duly marked and indorsed for bail in a sum not less than fifty pounds: And where the writ or process is issued by a plaintiff in his own person, the sheriff shall not execute the same, unless it be delivered to him by some attorney of one of the courts of record at Westminster, &c. and indorsed with
the name and place of abode of such attorney. The defendant is allowed, by this statute, to deposit and pay into court the sum indorsed upon the writ, together with an additional sum for costs, to abide the event of the suit, in lieu of putting in and perfecting special bail: And where the plaintiff does not proceed by capias against the person, but by original or other writ, and summons or attachment, or by subpæna and attachment thereupon, against any person not having privilege of parliament, the same mode of proceeding is given by this statute, as was before provided by the 51 Geo. III. c. 124.
The stamp duties on law proceedings were repealed, by the statute 5 Geo. IV. c. 41. And the statutes relating to bankrupts and insolvent debtors having been repealed, except in certain cases, the laws respecting the former, and for the relief of the latter, were amended and consolidated, by the statutes 6 Geo. IV. c. 16 and 7 Geo. IV. c. 57. The laws relating to the customs having also been repealed, by the statute 6 Geo. IV. c. 105. an act was made for the prevention of smuggling ; in which there are clauses relative to the limitation of actions against officers of the army, navy, or marines, customs or excise, or any person acting under the directions of the commissioners of the customs, for any thing done in the execution or by reason of their offices; and requiring notice in writing to be given to such officers, one calendar month before the writ sued out, and enabling them to tender amends, plead the general issue, and bring money into court, &c. The statutes of hue and cry, &c. having also been repealed, by the statute 7 & 8 Geo. IV. c. 27. an act was made ', for consolidating and amending the laws in England, relative to remedies against the hundred, for the damage done by persons riotously and tumultuously assembled, (for which alone the hundred is now liable): and a summary mode of proceed
a 6 Geo. IV. c. 108.
6 7 & 8 Geo. IV. c. 31.
ing is provided by that act, before two justices of the peace, in cases where the damage does not exceed thirty pounds.
Other acts have been made, affecting the jurisdiction and practice of the courts, of which the following are instances : First, the act to enlarge and extend the power of the judges of the several courts of Great Sessions in Wales, and to amend the laws relating to the same : Secondly, Mr. Peel's act, for consolidating and amending the laws relative to jurors, and juries 6: Thirdly, the acts to abolish the sale of offices, in the courts of King's Bench and Common Pleas, and to make provision for the chief justices o; for augmenting the salaries of the Master of the Rolls, and Vice Chancellor, the Chief Baron of the court of Exchequer, and the puisne judges and barons of the courts in Westminster Hall“, &c.; and to authorize the purchase of the office of receiver and comptroller of the seal of the courts of King's Bench and Common Pleas, and of custos brevium of the latter court : Fourthly, the act for preventing frivolous writs of errorf; by requiring that upon any judgment to be given in any of the courts at Westminster, or in the counties palatine and great sessions in Wales, in any personal action, execution shall not be stayed or delayed by writ of error or supersedeas thereupon, without the special order of the court, or some judge thereof, unless a recognizance, with condition according to the statute 3 Jac. I. c. 8. be first acknowledged in the same court : And lastly, Lord Tenterden's acts, for rendering a written memorandum necessary to the validity of certain promises and engagements 5; and to prevent a failure of justice, by reason of variances between records, and writings produced in evidence in support thereof".
a 5 Geo. IV. c. 106.
e 6 Geo. IV. c. 89.