mons.

Provision as to the Statute of

Limitations.

Action commenced by original Writ: Provided always, that every Outlawry or Waiver had under the Authority of this Act shall and may be vacated or set aside by Writ of Error or Motion, in like Manner as Outlawry or Waiver founded on an original Writ may now be vacated or set aside.

Duration of VI. And be it enacted, That no Writ of Summons issued by Writs of Sum- Authority of this Act shall be in force for more than Four Calendar Months from the Day of the Date thereof, including the Day of such Date; but every Writ of Summons may be continued by Alias and Pluries, as the Case may require, if any Defendant therein named may not have been served therewith: Provided always, that no first Writ shall be available to prevent the Operation of any Statute whereby the Time for the Commencement of the Action may be limited, unless the Defendant shall be served therewith, or Proceedings to or towards Outlawry shall be had thereupon, or unless such Writ, and every Writ (if any) issued in continuation of a preceding Writ, shall be returned Non est inventus, and entered of Record within One Calendar Month next after the Expiration thereof, including the Day of such Expiration, and unless every Writ issued in continuation of a preceding Writ shall be issued within One such Calendar Month after the Expi ration of the preceding Writ, and shall contain a Memorandum indorsed thereon, or subscribed thereto, specifying the Day of the Date of the first Writ, by the Plaintiff or his Attorney suing out the same.

Proceedings on Writ of Sum mons, &c.

Proviso for
Sunday, &c.

Date and Teste of Writs.

Indorsement of the Name, &c. of the Attorney or Party suing.

Service of Writ

VII. And be it enacted, That when any Writ of Summons shall be served or executed all necessary Proceedings to Judgment and Execution may be had thereon without Delay at the Expiration of Eight Days from the Service or Execution thereof; provided always, that if the last of such Eight Days shall in any Case happen to fall on a Sunday, Christmas Day, Good Friday, or any Day appointed for a Public Fast or Thanksgiving, in any of such Cases the following Day shall be considered as the last of such Eight Days.

VIII. And be it enacted, That every Writ of Summons shall bear Date on the Day on which the same shall be issued; and every Writ of Summons, Distringas, and all other Writs hereafter to be issued out of the said Court of Pleas at Durham shall be tested in the Name of the Senior Judge, or in case of the Death of such Senior Judge, then in the Name of the Junior Judge, of the then last Assize of and for the said County; and that the Name or Firm, and the Place of Business or Residence, of the Attorney or Attornies issuing such Writs shall be indorsed thereon; and where such Attorney or Attornies shall be Agents only, then there shall be further indorsed thereon the Name or Firm and Place of Business or Residence of the Principal Attorney or Attornies; but in case no Attorney or Attornies shall be employed for that Purpose, then a Memorandum shall be indorsed thereon, expressing that the same has been sued out by the Plaintiff in Person, mentioning the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of such Plaintiff's Residence, if any such there be.

IX. And be it enacted, That every such Writ of Summons of Summons on issued against a Corporation Aggregate may be served on the

dreds and

Mayor or other Head Officer, or on the Town Clerk, Clerk, Corporations Treasurer, or Secretary, of such Corporation; and every such Writ and on Inha issued against the Inhabitants of a Hundred or other like District bitants of Hunmay be served on the High Constable thereof, or any one of the Towns. High Constables thereof; and every such Writ issued against the Inhabitants of the County of Durham, or the Inhabitants of any Franchise, Liberty, Town, or Place, not being Part of a Hundred or other like District, on some Peace Officer thereof.

X. And be it enacted, That all such Proceedings as are men- Proceedings in tioned in any Writ, Notice, or Warning to be issued as aforesaid default of Apunder this Act shall and may be had and taken in default of a Defendant's Appearance.

XI. Provided always, and be it enacted, That nothing in this Act contained shall subject any Person to Outlawry or Waiver who, by reason of any Privilege, Usage, or otherwise, may now by Law be exempt therefrom, or shall extend, save and except as herein-after is provided for, to any Cause removed into the said Court by Writ of Pone loquelam, Recordari facias loquelam, or otherwise.

pearance.

Proviso for Per

sons privileged from Outlawry.

XII. And be it enacted, That from the Time when this Act Writs for Comshall commence and take effect the Writs herein-before authorized mencement of personal Acshall be the only Writs for the Commencement of personal Actions tions. in the said Court by serviceable Process against the Person in the Cases to which such Writs are applicable.

XIII. And be it enacted, That it shall be lawful for the Parties in any Action depending or to be depending in the said Court of Pleas at Durham, after Issue joined, by Consent and by Order of the said Court, to state the Facts of the same in the Form of a Special Case for the Opinion of One of the Superior Courts of Common Law at Westminster, and to agree that a Judgment shall be entered for the Plaintiff or Defendant, by Confession or Nolle prosequi, immediately after the Decision of the Case, or otherwise, as the Court before whom such Case shall be heard may think fit, and Judgment shall be entered accordingly.

XIV. And be it enacted, That it shall and may be lawful for the said Court of Pleas at Durham, if the said Court shall think fit, on any Application being made to the said Court in any Action depending in the said Court on any Question involving a Question of Law or Fact, to grant a Rule to show Cause before any One of the Judges of any One of the Superior Courts of Common Law at Westminster, which Judge is hereby authorized and empowered to proceed to hear and determine the Merits of all such Rules, and to make such Orders thereupon as the said Judge shall think proper.

XV. And be it enacted, That it shall and may be lawful for the Justices of the said Court of Pleas at Durham for the Time being from Time to Time to make such Orders, Rules, and Regulations for altering and regulating the Mode and Time of pleading in that Court, and for altering the Mode of entering and transcribing Pleadings, Judgments, and other Proceedings in Actions at Law therein, and touching the voluntary Admission, upon any Application for that Purpose, at a reasonable Time before the Trial of any Action, of one of the Parties to the other, of all such written or printed Documents or Copies of Documents as are intended

a

Power to state Special Case without proceeding to Trial.

Rule Nisi may be made to show

Cause before
One of the

Judges at
Westminster.

Justices to have
Power to make

Rules and Regulations for altering and regulating the Mode and Time of pleading, &c.

Writs of In

Statute

8&9 W.3. c.11. to be executed

before the Sheriff, unless otherwise ordered.

to be offered in Evidence on the said Trial by the Party requiring such Admission, and touching the Inspection thereof before such Admission is made, and touching the Costs which may be incurred by the Proof of such Documents or Copies on the Trial of the Cause, in case of the omitting to apply for such Admission, or the not producing of such Documents or Copies for the Purpose of obtaining Admission thereof, or of the Refusal to make such Admission, as the Case may be, as to the Judge before whom the Cause may be tried shall seem meet.

XVI. And be it enacted, That all Writs hereafter to be issued quiry under the by the Court of Pleas at Durham under and by virtue of the Statute passed in the Session of Parliament held in the Eighth and Ninth Years of the Reign of King William the Third, intituled An Act for the better preventing frivolous and vexatious Suits, shall, unless the said Court shall otherwise order, direct the Sheriff of the said County of Durham to summon a Jury to appear before him instead of the Justices or Justice of Assize of and for the said County, to inquire of the Truth of the Breaches suggested, and assess the Damages that the Plaintiff shall have sustained thereby, and shall command the said Sheriff to make Return thereof to the said Court on a Day certain in such Writ to be mentioned; and such Proceedings shall be had after the Return of such Writ as are in the said Statute in that Behalf mentioned, in like Manner as if such Writ had been executed before a Justice of Assize or Nisi Prius.

Return of other Writs of Inquiry.

Power to direct

certain Actions to be tried be

fore the Sheriff or any Judge.

XVII. And be it enacted, That every other Writ of Inquiry to be issued by the said Court of Pleas at Durham shall be made returnable on any Day certain to be named in such Writ.

XVIII. And be it enacted, That in any Action depending in Issues joined in the said Court of Pleas at Durham for any Debt or Demand in which the Sum sought to be recovered and indorsed on the Writ of Summons shall not exceed Twenty Pounds, it shall be lawful for the said Court, or any Judge of any of Her Majesty's Superior Courts of Common Law at Westminster, if such Court or Judge shall be satisfied that the Trial of the said Action will not involve any difficult Question either of Law or Fact, and such Court or Judge shall think fit so to do, to order and direct that the Issue or Issues joined shall be tried before the Sheriff of the said County Palatine of Durham, or any Judge of any Court of Record for the Recovery of Debt in such County, and for that Purpose a Writ shall issue, directed to the said Sheriff or Judge, commanding him to try such Issue or Issues by a Jury to be summoned by him, and to return such Writ, with the Finding of the Jury thereon indorsed, at a Day certain to be named in such Writ, and thereupon such Sheriff or Judge shall summon a Jury, and shall proceed to try such Issue or Issues.

Upon the Re

turn of a Writ

of Inquiry or a Writ of Trial

of Issues, Judg

ment may be signed, unless, &c.

XIX. And be it enacted, That at the Return of every Writ of Inquiry, or Writ for the Trial of such Issue or Issues as aforesaid, Costs shall be taxed, Judgment signed, and Execution issued forthwith, unless the Sheriff or his Deputy before whom such Writ of Inquiry may be executed, or such Sheriff, Deputy, or Judge before whom such Trial shall be had, shall certify under his Hand upon such Writ that Judgment ought not to be signed until the Defendant shall have had an Opportunity to apply to the

said Court of Pleas at Durham for a new Inquiry or Trial, or the said Court shall think fit to order that Judgment or Execution shall be stayed till a Day to be named in such Order; and the Verdict of such Jury on the Trial of such Issues or Issue shall be as valid and of the like Force as a Verdict of a Jury at the Assizes, and the Sheriff or his Deputy or Judge presiding at the Trial of such Issue or Issues shall have the like Powers with respect to the Amendment on such Trial as are given to Judges at Nisi Prius by an Act passed in the Third and Fourth Years of the Reign of King William the Fourth, intituled An Act for the further Amend- 3&4W.4. c.42. ment of the Law, and the better Advancement of Justice.

and new Trial

granted.

XX. Provided always, and be it enacted, That, notwithstanding Judgment may any Judgment signed or Execution issued as aforesaid by virtue be vacated, Exof this Act, it shall be lawful for the said Court of Pleas at Dur- ecution stayed, ham, or any Judge of any of Her Majesty's Superior Courts of Common Law at Westminster, to order such Judgment to be vacated and Execution to be stayed or set aside, and to enter an Arrest of Judgment, or grant a new Trial or new Writ of Inquiry, as Justice may appear to require; and thereupon the Party affected by such Writ of Execution shall be restored to all that he may have lost thereby, in such Manner as upon the Reversal of a Judgment by Writ of Error or otherwise, as the Court may think fit to direct.

Court in certain Actions.

XXI. And be it enacted, That it shall be lawful for the Defen. Defendant to dant in all personal Actions, except Actions for Assault and Battery, be allowed to false Imprisonment, Libel, Slander, malicious Arrest or Prosecu- pay Money into tion, Criminal Conversation, or debauching of the Plaintiff's Daughter or Servant, by Leave of the said Court of Pleas at Durham or One of the Judges of any of Her Majesty's Superior Courts of Common Law at Westminster, to pay into Court a Sum of Money by Way of Compensation or Amends, in such Manner and under such Regulations, as to the Payment of Costs and the Form of Pleading, as the said Court or Judge shall, by any Rules or Orders to be from Time to Time made, order and direct.

XXII. And be it enacted, That the Justices of the said Court of Pleas at Durham may, by any Rule or Order to be made from Time to Time after this Act shall take effect, make such Regulations as to the Fees to be charged by all and every or any of the Officers of the said Court of Pleas at Durham, and the Attornies thereof, as to them may seem expedient, and alter the same when and as it may seem fit and proper, so as such Fees shall not exceed the Fees now received in the Superior Court of Queen's Bench at Westminster; and all such Regulations, after being sanctioned and confirmed by the Judges of the then last Assize for the said County of Durham, shall be binding and obligatory on the said Court of Pleas at Durham, and all the Officers and Attornies of the said Court.

XXIII. And be it enacted, That it shall be lawful for any Party in any Action now depending or hereafter to be depending in the said Court of Pleas at Durham to apply, by Motion to any one of the Superior Courts at Westminster sitting in Banco, within such Period of Time after the Trial as Motions of the like Kind shall from Time to Time be permitted to be made in the said Superior Court, for a Rule to show Cause why a new Trial should not be G 3

granted,

Courts may regulate the Fees to be taken in

the Court of Pleas at Dur

ham.

Rules for new Trials to be moved before any of the

Courts at
Westminster.

Judgment and Execution not to be stayed,

moving enter

into Recognizance with Sureties.

granted, or Nonsuit set aside and a new Trial had, or a Verdict entered for the Plaintiff or Defendant, or a Nonsuit entered, as the Case may be, in such Action, which Court is hereby authorized and empowered to grant or refuse such Rule, and afterwards to proceed to hear and determine the Merits thereof, and to make such Orders thereupon as the same Court shall think proper; and in case such Court shall order a new Trial to be had in any such Action the Party or Parties obtaining such Order shall deliver the same, or an Office Copy thereof, to the Prothonotary of the said Court of Pleas at Durham, or his Deputy, and thereupon all Proceedings upon the former Verdict or Nonsuit shall cease, and the Action shall proceed to Trial at the next or some other subsequent Session of Assizes holden for the County of Durham, in like Manner as if no Trial had been had therein; or in case the Court before which any such Rule shall be heard shall order the same to be discharged, the Party or Parties obtaining any such Rule may, upon delivering the same, or an Office Copy thereof, to the said Prothonotary or his Deputy, be at liberty to proceed in any such Action as if no such Rule Nisi had been obtained, or if a Verdict be ordered to be entered for the Plaintiff or Defendant, or a Nonsuit is ordered to be entered, as the Case may be, Judgment shall be entered accordingly.

XXIV. Provided always, and be it enacted, That the entering up of Judgment in any Action in the said Court of Pleas at Durham, and the issuing of Execution upon such Judgment, shall not unless the Party be stayed, unless the Party intending to apply for such Rule as last aforesaid shall, with Two sufficient Sureties such as the lastmentioned Court shall approve of, become bound unto the Party for whom such Verdict or Nonsuit shall have been given or obtained, by Recognizance to be acknowledged in the same Court, or before a Justice thereof, in such reasonable Sum as the said Court shall think fit, to make and prosecute such Application as aforesaid, and also to satisfy and pay, if such Application shall be refused, the Debt or Damages and Costs adjudged and to be adjudged in consequence of the said Verdict or Nonsuit, and all Costs and Damages to be awarded for the delaying of such Execution thereon.

Nothing herein to take away the

Power of the Court to grant a new Trial.

Service of Subpœna on Wit

nesses in any Part of the United Kingdom shall be

valid to compel Appearance.

XXV. Provided also, and be it enacted, That nothing herein contained shall prevent the said Court of Pleas at Durham from making Order for any new Trial, or setting aside any Nonsuit, or entering a Nonsuit, or altering a Verdict as heretofore; provided the Judges of Assize in and for the said County of Durham, when sitting as Judges in the said Court of Pleas, shall be present on the making of such Order as Justices of the said Court, and shall be consenting thereto.

XXVI. And be it enacted, That the Service of every Writ of Subpoena hereafter to be issued out of the said Court, and served upon any Person residing out of the Jurisdiction of the said Court, shall be as valid and effectual in Law, and shall entitle the Party suing out the same to all and the like Remedies, by Action or otherwise howsoever, as if the same had been served within the Jurisdiction; and in case such Person so served shall not appear according to the Exigency of such Writ, it shall be lawful for the said Court, upon Oath or Affirmation to be taken in open Court,

or