General Rules of the Courts of King's Bench, Common Pleas, and Exchequer of Pleas: Since the Statute 11 Geo. IV & 1 W. IV C. 70 : with Introductory Statements of the Practice, as it Existed Before, and is Affected by the Above Rules ...

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Saunders and Benning, 1832 - Civil procedure - 139 pages

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Page 50 - Revenue may be had and taken throughout the year, without reference to any seal day, provided that, in all cases in which any particular number of days not expressed to be clear days is prescribed by the rules or practice of the Court, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 111 - Work. and there done, and materials for the same provided by the plaintiff for the defendant, at his request: And in , for money then and there lent by the Money lent.
Page 59 - Courts on behalf of such person, expressly named by him, and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 45 - King's Bench, Common Pleas, and Exchequer of Pleas, to all personal and mixed actions ; and that in none of such actions shall the original writ be repeated in the declaration, but only the nature of the action stated, in manner following : viz. AB was attached to answer CD in a plea of trespass, or in a plea of trespass and ejectment, or as the case may be, and any further statement shall not be allowed in costs.
Page 15 - That upon every bailable writ and warrant, and upon the copy of any process served for the payment of any debt, the amount of the debt shall be stated, and the amount of what the Plaintiff's attorney claims for the costs of such writ or process, arrest, or copy and service and attendance to receive debt and costs, and that upon payment thereof, within four days, to the Plaintiff or his attorney, further proceedings will be stayed.
Page 93 - ... court, in double the sum adjudged to be recovered by the said judgment, (except in case of a penalty, and in case of a penalty in double the sum really due, and double the costs...
Page 112 - And whereas the defendant afterwards, on &c., in consideration of the premises respectively, then and there promised to pay the said several monies respectively to the plaintiff, on request; Yet he hath disregarded his promises and hath not paid any of the said monies, or any part thereof, To the plaintiff's damage of , and thereupon he brings suit, &c.
Page 65 - Plaintiff shall deliver full particulars of his demand under those counts, where such particulars can be comprised within three folios ; and where the same cannot be comprised within three folios, he shall deliver such a statement of the nature of his claim, and the amount of the sum or balance which he claims to be due, as may be comprised within that number of folios.
Page 8 - Five, the last being omitted ; provided that if the whole or any number of the days intervening between the Thursday before and the Wednesday next after Easter day shall fall within Easter Term, there shall be no Sittings in Bane on any of such intervening days...
Page 10 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the Courts, the same shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas-day, Good Friday, or a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusively of that day also.

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