The Sun.
London, England, 1853-05-09 00:00:00

by the parties (and, in case of difference, to be settled
by the court or a judge), in which shall be set forth so
much of the pleadings, evidence, and the ruling cr judg-
ment objected to, as is necessary to raise the question
for the decision of the court of appeal. That when the
appeal is from the refusal of the court below to grant a
rule nisi, and the court of appeal grant such rule, such
rule shall be argued and disposed of in the court of ap-
peal. That in all cases the court of appeal shall give
such judgment as ought to have been given in the court
below. That the court of appeal shall have no power
to reverse the judgment of the court below in matters
of discretion, as when the objection is that the verdict
was against evidence, but only on matters of law, viz.,
the improper admission or rejection of evidence, or
an improper ruling in point of law. That the ap-
peal which we have thus recommended shall be
made to the courts of error as at present consti-
tuted. We further propose, in order to prevent the
proceeding by appeal, as recommended by us, from being
resorted to for the purpose of vexation or delay, that it
shall be subject to the same rules as to the issuing of
execution, givinc, of bail and payment of costs, as would
apply to cases of error. While we propose this new
course of practice, with the belief that it will, in the
main, supersede bills of exception, we do not propose to
abolish that mode of proceeding."

INCIDENTAL PROCEEDINGS--PRACTICE.—It is advised
that either party should be allowed to make affidavits in
reply so long as he has new matter to allege, and if a
difficulty arise on the facts, witnesses may be examined
on the point referred to before a master or judge.
PAYMENT OF MONEY INTO COURT.—" A middle course
might be pursued, and a discretion might be left to the
court or a judge to allow money to be paid into court.
The payment would be allowed where the object of the
suit appeared really to be pecuniary compensation.
Where character was involved, the means would, of
course, be withheld from a defendant of avoiding the
public vindication of the plaintiff's character, by paying
a large amount into court."
DISCOVERY.—The necessity of resorting to a court of
equity for discovery involves much delay and expense,
the greater part of which might be avoided by causing
the necessary proceedings to be had in the court in which
the suit is pending, and the report, therefore, recom-
mends that the power of discovery be conferred on the
common law courts, both as regards documents and
facts.

WRITTEN INTERROGATORIES AND ORAL DISCOVERY.—
It is proposed to allow either party to deliver to the oppo-
site party, if liable to be called as a witness, or his attor-
ney, written questions on the subject on which discovery is
sought, to be answered in writing upon oath within a
fixed period, and filed, &c., as an affidavit. It is thought
that the same opportunity in many cases may be afforded
for oral examination.
EXTENSION OF POWERS OF EXECUTION.—The commis•
sioners recommend that a creditor, having obtained
judgment, should be allowed to proceed by a process
similar to a foreign attachment against the debtors of his
debtor, and to procure payment of their debts to himself;
and further, that he should be entitled to discovery in
the manner already pointed out, where the property of
the debtor is capable of bein'.. taken in execution.
MANDAMUS.—The commissioners propose that pro-
ceedings in mandamus, where private rights are con-
cerned, should be the same as in ordinary action, save
that the plaintiff have liberty to claim the performance
of the act required, and that when judgment is in his
favour the Court have power to enforce it by attachment
or distringas. There is no reason for confining this re-
medy, stripped of its prerogative character, to the Court
of Queen's Bench ; but its jurisdiction, as at present, in
cases where the public are interested, shall in no case be
affected ; although they would suggest that in these cases
the rules should be absolute in the first instance, and the
writs ought to bear teste on the day of their issuing, and
be returnable within a given time either in term or
vacation.

INJuNcTioN.—On the subject of preventive remedies,
the commissioners recite the third report of the former
common-law commissioners, pages 18 and 19, and state
that they concur in the principles there laid down as
modised by recent changes in the law.