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A Handy Book for the Common Law Judges' Chambers

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A Handy Book for the Common Law Judges' Chambers This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world’s books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that’s often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book’s long journey from the publisher to a library and finally to you. Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to prevent abuse by commercial parties, including placing technical restrictions on automated querying. We also ask that you: + Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes. + Refrain from automated querying Do not send automated queries of any sort to Google’s system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the use of public domain materials for these purposes and may be able to help. + Maintain attribution The Google “watermark” you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it. + Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Whether a book is still in copyright varies from country to country, and we can’t offer guidance on whether any specific use of any specific book is allowed. Please do not assume that a book’s appearance in Google Book Search means it can be used in any manner anywhere in the world. Copyright infringement liability can be quite severe. About Google Book Search Google’s mission is to organize the world’s information and to make it universally accessible and useful. Google Book Search helps readers discover the world’s books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at http://books.google.com/ 1 WORKS PUBLISHED BY I 1 mwsns. BnTTmruonTH, Psrkinson'e Common Law Judges' Chamber Practice. 121110. 7r cloth. Stephen's Common Law Procedure Act, 1860. 6s. cloth. Chadwick's Probate Court Manual. Royal avo. [n'eariy ready.] Christie's Crabb's Conveyancing. Fifth Edition, by Shelford. 2 vols. royal 8v0. 31. bwda. Oke's Magisterial Synopsis. Seventh Edition. 44s. cloth. :Oke's &agisterial Formulist. Third Edition. 8vo. [m fie Prsu.1 Glen's Law of Public Highways, with the Cases and Statutes to 1860. 12mo. 101. &r. cloth. May's Parliamentary Practice. Fourth Edition. 8v0. 31s. Bcl. cloth. Runter's Law of Property Amendment and Relief of Trustees Acts, 1859 and 1860. 12mo. 5s. 6d. boarda. Hunter's Law of Property Amendment Act, 1860. Is. sewed. Coote's New Practice of the High Court of Admiralty. 8vo. 19s. cloth. Rouse's Copghold Enfranchisenlent Manual. Second Edition. 1858. 12mo. lb. cloth. Rone's Practical Conveyancer. Second-Edition. Two vols. 890. 268. cloth. Fry nn the Specific Performance of Contracts. 8vo. 16s. cloth. Wigrarn'e Extrinsic Evidence in the Intrepretation of Wills. Fourth Editlon. ,8vo. 111. cloth. Hunter's Elementary View of a Suit in Equity. 12n1o. 7s. boards. Drewry's Equity Pleader, with Precedents. l2mo. hie.boards. Wbarton'e. Articled Clerks' Manual. The Eighth Edition. 12mo. 20r. cloth. Coote and Tristram's Probate Court Practice. Third Edition. With a Collection of Forms and Bills of Costs. 8vo. 18s. cloth. Stephen's Comnientaries on the Laws of England. Fourth Edi- tion. 4 vols. 8vo. 41. 41. cloth. HANDY BOOK FOR THE . , ._- COMMON LAW JUDGES' CHAMBERS. GEO. H. PAR.KINSON. CHAMBER CLEBK TO TEE HON. MR. JUSTICE BILES. LONDON : BUTTERWORTHS, 7, FLEET STREET, ¶&a mlidprd to fit @wen's- most uaht j3njntp. 1861. LONDON: PRINTED BY C. ROWORTH AND EONS, BELL YARD, TEMPLE BAR. THE RIGHT HON. LORD WENSLEYDALE, BTC., ETC., STC., THE FOLLOWING PAQEB ARE HUMBLY AND QBATBPULLY DEDICATED. PREFACE. THEvast amount of business recently introduced into the chambers of the Common Law Judges, by the operation of the Procedure Acts, 1852, 1854, and of numerous other modern Statutes, has rendered the books of Practice, exclusively relating to the chamber jurisdiction of the Judges, of little, if any, use to the persons for whom they were originally intended. The design of the following pages is to give to those not in possession of the large and ex- pensive works upon the general practice of the Courts, &c., plain and simple instructions re- specting the documents upon which the more important chamber applications are grounded, and the method observed in obtaining the re- quired Order or fiat of the Judge. To Attornies and their clerks, many of whom are in the habit of attending almost constantly at chambers, it is believed that the work will be of no inconsiderable value; and this opinion is vi PREFACE. strengthened by a recollection of the innumerable inquiries daily made upon points of practice con- sidered therein, both of the author and of his brother clerks. It was not within the scope of so small a volume to deal with all the applications made to a Judge at chambers, but it is believed that few of the more important have been omitted, and none of those provided for by recent legislative enactments. One matter whony omitted, respects applications to amend legal proceedings,-the subject has not been treated of, owing to the almost unlimited power which the Judges now have to order all necessary amendments, either upon applica- tion during the trial, or by summons and order. CONTENTS. YAOE TABLBOF FEESTAKEN AT THE JUDOES'CHAMBBRS . xiii LIST OF COY~ONAND SPECIALOILDEB~ . xv 1. To swear A5davita . 8 2. Filing Affidavits . 10 9. For a Commisnion to administer Oaths in the Country . 4. For a Commission to administer Oaths in Town . 6. To acknowledge a Deed by a Married Woman . 6. To compel the Attendance of a Witness before an Arbitrator . 7. To examine a Witness in England, with respect to Proceedings in a foreign Court . 8. To recover Costs where the Defendant has not appeared in an Action under 201. 9. To deliver Special Case, Demurrer, &c. 10. For a Copy of the Judge's Notes, taken upon a Trial at Nisi Prius . 11. Committal of a Defendant to the Queen's Prison . I. To sue or defend by Prochein Amy or Guardian . 58 2 To sue in Form&Pauperin . 40 3. To proceed as if the Defendanthad been personally served with Writ of Summons . 42 4. To proceed against a British Subject living out of the Jurisdiction . 46 5. For leave to appear and defend in an Action brought upon a Bill of Exchange or Promissory Note . • 49 viii CONTENTS. PAGE 6. To defend as Landlord on an Action of Eject- ment . 55 7. To sign Judgment in Ejectment where Defendant has not been personally served with the Writ . 56 8. For a Capiaa to hold the Defendant to Bail . 69 9. Applications connected with Bail Bonds . 66 10. Bail in Error . 82 11. Attendance of a Prisoner in Chi1 Custody upon a Trial . 12. Attendance of a Prisoner in Criminal Custody . 13. To attach Debts due to the Judgment Debtor . 14. Charging Stock or Shares with the Judgment Debt . 15. Filing Warrants in the Court of Queen's Bench . 16. To file Warrant of Attorney more than Twelve Months old . 17. To enter into a Newspaper Recognizance. 18. Removal of Plaint or Judgment from Inferior to the Superior Court . 19. Applications under the Railway and Canal Traffic Regulation Act . 20. Writs of Subpcena served out of Jurisdiction and under Special Circumstances . 111. APPLICATIONSUPON SUMMONSES,WITH OR WITH- 1. General Regulations respecting Summonses and Orders . 2. Application to change the Venue . 3. To examine Witnesses preparatory to Trial . B To co~~solidateActions . 6. To recover Costs in Actions under 501. &c. 6. For Plaintiff to give Security for Costs . 7. The Judge's Directions to the Judge of a County Court to perform any Judicial Act . 8. To compel Attorney to deliver his Bill . 9. For discovery of Documents . 10. Interpleader Applications . 11. To deliver Interrogatories 12. For Summary Relief in Ejectment . CONTENTS. ix PADB 13. For the Delivery of Particulars of Demand on Breaches. 157 14. To ascertain the Profession, Abode, &c. of the Plaintiff . 161 15. To issue Execution against a Shareholder . 163 16. To try before the Sheriff . 165 17. To plead several Matters . 167 18. To stay Proceedings . 168 19. For Time to plead, &c. 170 20. To change Attornies . 173 21. To discover the Cargo, &c.
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