The Sun.
London, England, 1834-01-25 00:00:00

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defendant's right to an ment there; plus of rig--111tOf:.,)
way, of common of pasture, of eommon of turbary, and of, 7
common of estovers, are distinct and are to be allowed. -.
.1 'ft But pleas of right of common, at all timeq of the year,: ••
(-f, •
and of such right at particular times, or in a qualified,:
• s) pleas of a right
, manner,areea not tobe
of
allowed. ' •
wayover the locus in inn,' yary•
ing the tertnini, or the purposes, are not to be allowed.
Avowiies for distress for rent, and for distress for damage
feasant, are to be allowed.
But avowries for distress for rent, varying the amount
of rent reserved, or the times at which the rent is payable,
are not to be allowed.
The examples in this and other places specified are given
as some instances only of the application of the rules to
which they relate ; but the principles contained in the
rules are not to be considered as restricted by the examples
specified.
6. Where more than one count, plea, avowry, or
cognizance, shall have been used, in apparent violation
of the preceding rule, the opposite party shall be at
liberty to apply to a Judge, suggesting that two or
more of the counts, pleas, avowries, or cognizances,
-are founded on the same subject-matter of complaint,
or ground of answer or defence, for an order that all
the counts, pleas, avowries, or cognizances introduced
in violation of the rule to be struck out, at the cost of the
party pleading, whereupon the Judge shall order accord-
ingly, unless he shall be satisfied, upon cause shown, that
some distinct subject matter of complaint is bona fide
intended to be established in respect of each of such coons,
or some distinct ground of answer or defence in respect of
each of such pleas, avowries, or cognizance.: in which
cane he shall endorse upon the summons, or state in his
order, as the case may be, that he is so satisfied, and shall
also specify the counts, pleas, avowries, or cogdzances
mentioned in such application, which shall be allowed.
7. Upon the trial where there is more than one count,
plea, avowry, or cognizance, upon the record, and the
party pleading fails to establish a distinct subject-matter
of complaint in respect of each count, or s ane distinct
ground of answer or defence, in respect of each plea,
avowry, or cognisance, a verdict abd judgment shall past
against him upon each count, plea, avowry, or cognizance,
which he shall have so failed to establi-b ; and he shall
be liable to the other party far all the costs occasioned
by such count, plea, avowry, or cognizance, including
those of the evidence, as well as those of the pleading..
And further, in all cases in which an application to a
Judge has been made under the preceding rule, and any
count, plea, avowry, or cognizance, alloxed as afore-aid,
upon the ground that some distinct subject-matter of
complaint was bonafide intended to be established at the
trial, in respect of each count so allowed, or some dis-
tinct ground of answer or defence in respect of each pies,
avowry, or cognizance so allowed, if the Court or Judge
before whom the trial is had shall be of opinion that nn
such distinct subject-matter of complaint was bona fide
intended to be established in respect of each count so
allowed, or no such distinct ground of answer or defence
in respect of each plea, avowry, or cognizance so allowed,
and shall so certify before final judgment, such party so
pleading shall not recover any costs upon the assn • or
issues upon which he succeeds, arising out of any count,
ilea, avowry, or cognizance, with respect to which the
Judge shall so certify.
8. The name of a county shall in all cases be stated in
the margin of a declaration, and shall be taken to be the
venue intended by the plaintiff; and no venue shall be
stated in the body of the declaration, or in any subsequent
pheding.
Provided, that in cases where local description is now
required, such local description shall be given.
9. In a plea or subsequent pleading intended to be
pleaded in bar of the whole action generally, it shall nut
he necessary to use any allegation of actionem non, or to
the like effect, or any prayer of judgment ; nor shall it be
necessary in any replication or subsequent pleading in-
tended to be pleaded in rnaintenancenf the whole action, to
use any allegation of precludi non, or to the like effect or
any prayer of judgment ; and all pleas, replications, and
subsequent pleadings, pleaded without such formal parts
as aforesaid, shall be taken, unless otherwise expressed,
as pleaded 'respectively in bar of the whole action, or in
maintenance of the whole action. Provided, that nothing
herein contained shall extend to cases where an estoppel
is pleaded.
10. No formal defence shall he required in a plea ; and
it shall commence as follows :—" The said defendant, by
, his attorney (or "in person, &c.")

COMMON LAW, INTENDED TO BE LAID BEFORE BOTH
HOUSES OF PARLIAMENT, DURING THEIR NEXT SES-
SION, PURSUANT TO THE STATUTE 3 AND 4 WIL-
LIAM IV., CAP. 42.
(From the Legal Exaviner.)
Whereas it is provided by the statutes 3 and 4 William
IV., cap. 42, sec. 1, that the Judges of the Superior
Courts of Common Law, at Westminster, or any eight or
more of them, of whom the chiefs of each of the said Courts
should be three, should and might, by any rule or order to
he from time to time by them made, in term or vacation, at
any time within five years from the time when the said
Act should take effect, make such alterations in the mode
of pleading in the said Courts, and in the mode of
entering and transcribing pleadings, judgments, and
other proceedings in actions at law, and such regula-
tions as to the payment of costs, and otherwise, for car-
rying into effect the said alterations as to them might
seem expedient; which rules, orders, and regulations
were to be laid before both Houses of Parliament, as
therein mentioned; anct.were not'to have,effe-a until six
weeks after the same should have beei:so laid before both
Houses of Parliament, but after that time should be
binding and obligatory on the said Courts, and all other
Courts of Common Law, and be of the like force and effect
as if the provisions contained therein bad been expressly
enacted by Parliament.
Provided, that no such rule or order should have the
effect of depriving any person of the power of pleadine
the general issue, and of giving the special matter in
evidence, in any case wherein he then was or thereafter
should be entitled so to do by virtue of any Act of Parlia-
ment then or thereafter to be in force.

It is therefore ordered, that from and after the first day
of Easter Term next inclugive, unles Parliament shall in
the mean time otherwise enact, the following rules and
regulations, made pursuant to the said statute, shall be in
force :
I.—GENERAL RULES AND REGULATIONS.

I. Every pleading, as well as the declaration, shall be
entitled of the day of the month and year when the
same was pleaded, and shall bear no other time or date;
and every declaration, and other pleading, shall also be
entered on the record made up for trial, and on the Judg-
ment-roll, under the date of the day of the month and
year when the same respectively took place, and without
reference to any other time or date, unless otherwise spe-
cially ordered by the Court or a Judge.
2. No entry of continuances by way of imparlance curia
advisari vult, vice comes non misit breve, or otherwise,
shall be made upon any record or roll whatever, or in the
pleadings, except the jorata ponilur in respectu, which is
to he retained.

Provided that such regulation shall not alter or affect
any existing rules of practice as to the times of proceeding
in the cause.

Provided also, that in all cases in which a plea puffs
darrein continuance is now by law pleadable in bane or
at nisi pries, the same defence may be pleaded, with an
allegation that the matter arose after the last pleading, or
the issuing of the jury process, as the case may be.
Provided also, that no such plea shall be allowed, unless
accompanied by an affidavit that the matter thereof arose
within eight days next before the pleading of such plea,
or unless the Court or a Judge shall otherwise order.
3. All judgments, whether interlocutory or final, shall
be entered of record, of the day of the month and year,
whether in term or vaca►ion, when signed, and shall not
have relation to any other day.

Provided that it shall be competent for the Court or a
Judge to order a judgment to be entered nunc pro tunc.
4. No entry shall be made on record of any warrants
of attorney to sue or defend.
5. Aad whereas, by the mode of pleading hereinafter
prescribed, the several disputed facts, material to the me-
rits of the case, will before the trial be brought to the no-
tice of the respective parties more distinctly than hereto.
fore ; and by the said Act of 3 and 4 William IV., c. 42,
s. 23, the powers of amendment at the trial in cases of
variance, in particulars not material to the merits of the
case, are greatly enlarged.

says that."
11. It shall not be necessary to state, in a second or
other plea or avowry, that it is pleaded by leave of the
Court, or according to the form of the statute, or to that
effect.

12. No protestation shall hereafter be made in any
pleading ; but either party shall be entitled to the same
advantage in that or other actions as if a protestation had
been made.

13. All special traverses, or traverses with an induce-
ment of affirmative matter, shall conclude to the country.
Provided that this regulation shall not preclude the
opposite party from pleading over to the inducement when
the traverse is immaterial.

Several counts shall not be allowed, unless a distinct
subject matter of complaint is intended to be established
in respect of each ; nor shall several pleas, or avowries, or
cognizances be allowed, unless a distinct ground of answer
or defence is intended to be established in respect of each.
Therefore, counts founded on one and the same prin-
cipal matter of complaint, but varied in statement, de-
scription, or circumstances only, are not to be allowed.
Er. gr.—Counts founded upon the same contract,
described in one as a contract without a condition, and in
another as a contract with a condition, are not to be
allowed, for they are founded on the same subject matter
of complaint, and are only variations in the statement of
one and the same contract.

14. The form of a demurrer shall be as follows :
" The said defendant, by , his attorney," (or
" in person," &c., or " plaintiff,") " says that the decla-
tion (or plea, &c.) is not sufficient in law," showing the
special causes of demurrer, if any.
The form of a joinder in demurrer shall be as follows :
" The said plaintiff (or defendant) says that the declaration
(or " plea," &c.) is sufficient in law."

15. The entry of proceedings on the record for trial, or
on the judgment roll (according to the nature of the case),
shall be taken to be, and shall be in fact, the first entry of
the proceedings in the cause, or of any pin thereof, upon
record, and no fees shall be payable in respect of any prior
entry made, or supposed to be made, on any roll or record
whatever.

So counts for not giving, or delivering, or accepting, a
bill of exchange, in payment, according to the contract of
sale, for goods sold and delivered, and for the price of
the same goods to be paid in money, are not to be allowed.
So counts for not accepting and paying for goods sold,
and for the price of the same goods, as goods bargained
and sold, are not to he allowed.

16. No fees shall be charged in respect of more than
one issue by any officers of the Court, or of any Judge at
the Assizes, or any other officer, in any action of assumpsit,
or in any action of debt on simple contract, or in any
action on the case.

But counts upon a bill of exchange, or promissory note,
and for the consideration of the bill or note, in gcods,
money, or otherwise, are to be considered as founded on
distinct subject matters of complaint, for the debt and the
security are different contracts; and such counts are to
be a'lowed.

17. When money is paid into Court, such payment
shall be pleaded in all cases, and as near as may be in the
following form, mutatis mutandis :

" C. D. The
ats
A. B. The defendant, by
his attorney (or "in person," &e), says that the plaintiff
ought not further to maintain his action, because the de-
fendant now brings into Court the sum of £
ready to be paid to the plaintiff. And the defendant fur-
ther says, that the plaintiff has not sustained damages
(or in actions of debt " that he is not indebted to the
plaintiff") to a greater amount than the said sum, &c., in
respect of the cause of action, in the declaration mentioned,
and this be is ready to verify,—wherefore he prays judg-
ment if the plaintiff ought further to maintain his action."
- IS. No rule or Judge's order to pay money into Court
shall be necessary, except' under the 3d and 4th William
IV. c. 42, s. 21, but the money shall be paid to the proper
officer of each Court who shall give a receipt for the
amount in the margin of the plea, and the said sum shall
be paid out to the plaintiff on demand.

day of

Two counts upon the same policy of insurance are nct
to be allowed.

But a count upon a policy of insurance, and a count for
money had and receivgd, to recover hack the premium,
upon a contract implie3 by law, are to be allowed.

Two counts on the same charter-party are not to be
allowed.

But a count for freight upon a charter.party, and for
freight pro rata itineris, upon a contract implied by law,
are to be allowed.

Counts upon a demise, and for use and occupation of
the same land, for the same time, are not to be allowed.
In actions of tort for misfeasance, several counts for the
same injury, varying the description of it, are not to be
allowed.

In the like actions for non-feasance, several counts,
founded on varied statements of the same duty, are not to
be allowed.

Several counts in trespass, for acts committed at the
same time and place, are not to be allowed.
Where several debts are alleged in indebitatus as-
sumpsit to be due in respect of several matters—ex'. gr.
for wages, work, and labour as a hired servant, work and
labour generally, goods sold and delivered, goods bargained
and sold, money lent, money paid, money had and re-
ceived, and the like, the statement of each debt is to be
considered as amounting to a several count, within the
meaning of the rule, which forbids the use of several
counts, though one promise to pay only is alleged in con-
sideration of all the debts.

19. The plaintiff, after the delivery of a plea of pay-
ment of money into Court, shall be at liberty to reply to
the same, by accepting the sum to be paid into Court, in
full satisfaction and discharge of the cause of action, in
respect of which it has been paid in, and he shall be at
liberty in that case to tax his costs of suit, and in case of
non.payment thereof within 48 hours to sign judgment
for his costs of suit so taxed ; or the plaintiff may reply
that he has sustained damages (or " that the defendant
is indebted to him," as the case may be) to a greater
amount than the said sum," and in the event of an issue
'hereon being found for the defendant, the defendant
should be entitled to judgment and his cots of suit.
20. In all cases under the 3d and 4th William IV.,
e. 42, s. 10, in which, after a plea to abatement of the
non-joinder of another person, the plaintiff shall, without
having proceeded to trial on an issue thsicon, commence
mother action against the defendant or defendants in the
tction in which cinch plea in abatement shall have been
pleaded, and the person or persons n imed in such 11,a in
,batement as joint contractors ; the commencement of the
declaration shall be in the following form

Provided that a count for money due on an account
stated inky be joined with any other count for a m,ine
demand, though it may not be intended to establish a
distinct subject matter of complaint in respect of earl,
of such counts.

The rule which forbids the use of several counts is
not to be considered as precluding the plaintiff fruili
alleging more breaches than one of the same contract in
the same count.

Ex. gr.—Pleas, avowries, and cognizinces, founded on
one and the same principal matter, but varied in statement,
description, or circumstances only (and pleas in bar in
replevin are within the rule), are ant to be allowed.
Ex. gr.—Pleas of solvit ad diem, and of solvit post
diem, are both pleas of payment, varied in the circum
stance of titre only, and are not to be allowed.
But pleas of pa, me t, and of accord and satisfaction,
or of release, are distinct, and are to be allowed.

is .!wia proper person, ( Venue.) A.rßson,
pl:aisinasitoorfnz.(Dor. catildn
lie. H., who have b en summoned to answer the said IL. 8.,
ind which said C. D. has hi,herto ple.tdA in abateru,ns
•tie non joinder of the said G. H., &c." (the same !tura
be used, inututis mutundis, in of arrest or
)

21. In a'l actions by and against assignees of a bank-
rupt or insolvent, or execu tots or administrators, or p,rsons
.tic aniz-d by Act of Parba:nent to sue or be sue ;as
-umittal parties, the character in which the p!aintlff or
iefendant is stat,rl on the record to sue or be sued shall
lot in any case he considered as in issue, unless especiady
dented.

Pleas of an agreement to accept the security of A.B. i❑
discharge of the plait tiff's demand, and of an agreement
to accept the security of C. D. for the like purpose, are•
also distinct, and to be allowed.

But pleas of an agreement to accept the security of d
third person, in di,,c!.ari;t: of the plaintiff s &mato!, anti ot
the same agreement, describing it to be an agreement
to forbear for a time, in consideration of the same se-
curity, are not distinct, fur they are only variations ii
the statement of one and the same agreement, whether
more or less extensive, in consideration of the s
security, and not to be allowed.,

PLEADINGS IN PARTICULAR ACTIONS.-1. ASSUMPSIT.

In all actions of assunipsit, except on bills of eschauge
tnd phimissory notes, the plea of non.assuippsit sh.iil
.perate only as a denial in fact of the expres. cot,ttact or
,romise alleged, or of the matters of ,act, fot wi ich the
contract or prowls? alleged may he implied by
Ex. gr.—ln an action on a warranty the plea will ope-
rate as a denial of the fact of the warranty having been

In trespass quare clausum fregit, pleas of soil, and
freehold of the defendant in the locus in quo, and of tii,