The Sun.
London, England, 1833-03-15 00:00:00

MINORITY

LAW AMENDNIENT.

Abstract of the Bill moved in the Ilon•e of Lords last
night by the Lord Chancellor ; entitled, "An Act for the
further Amendment of the Law, and the better Advance-
ment of Justice."
Preamble—Whereas it would greatly contribute to the
diminishing of expense in suits in the Superior Courts of
Common Law at Westminister, if the pleadings therein were
in some respect altered, and the questions to be tried by
she Jury left less at large than they now are according to
the course and practice of pleading in several forces of
action; but this cannot be conveniently done otherwise
than by rules or orders of the Judges of the said Courts
from time to time to be m ale, and doubts may arise as
to the power of the said Judges to make such altera-
tions without the authority of Parliament; be it there-
fore enacted, &c.
There are then clauses providing-
1. That Judges have power to make alterations in the
,node of pleading in the Superior Courts ; but not to de-
l); ive any person of the power of pleading the general issue
given by any Statute.
2. That executors may bring actions for injuries to the
real estates of the deceased ; and that actions be brought
against exemoors for an injury to property, real or per-
sonal, by their testator.
3. That part owners of ships to have an action at law
against other part owners ; giving, however, power to
refer the cause to arbitration.

4. Limitation of action of debt on specialities, &c.—
namely, in actions of debt for rent upon an indenture of
demise, or covenant or debt upon any bond or other spe-
ciality, actions of debt or scire facias upon recognizance,
within fire years after the end of this present session, or
within ten years after the cause of such actions or suits,
hut not after ; the said actions by the party grieved within
one year after the end of this present session, or within two
yens after the cause of such actions or suits ; but not
after ; and the said other actions within three years after
tie end of this present session, or within six years after
ihe cause of such actions or suits, but not after ; provided
that nothing herein contained shall extend to any action
given by any statute, wherein the time for bringing such
action is by any statute specially lim t6d.
5. Infants, femes covert, &c , excepted ; and absence of
defendants beyond seas provided for.
6. A proviso in case of acknowledgment in writing,
or by petit payment.
7. Y:e limitation after judgment or outlawry reversed—
n iniely, that in all such cases the party plaintiff, his
executors or administrators, as the case shall require, may
commence a new action or suit from time to time with-

in a year after such judgment reserved, or such judg-
ment given against the plaintiff, or outlawry reverse, and

not after.
8. That no part of the United Kingdom, &c., be deemed
beyond the seas, within the meaning of this Act.
9. That no plea in abatement for non-joinder of a co-
defendant be allowed, unless he be resident with the
jurisdiction.
10. That plaintiff to plea in abatement of non-joinder
may reply a discharge by certificate, &c.
11. Is provision in the case of subsequent proceedings
against the persons named in a plea in abatement.
12. Misnomer not to be pleaded in abatement.
IS. Initials of names to be used in some cases.
11. " Wager of law" to he abolished.
15. Action of debt on simple contract, to be maintain-
able against executors.
16. Gives power to the Judges to make regulations as
to the admission of written documents.
17. Provides that writs of inquiry under the statute
8 and 9 Will 111., c. 11, to be executed before the She-
riff. unless otherwise ordered.
18. Gives power to direct issues joined in certain ac-
tions to be tried before the Sheriff.
19. Upon the return of writ of inquiry or trial of
issues, judgment to be signed, &c., unless, &c. Sheriff,
as to such issues, to have the like powers as Judges at Ni.i
Prius. 1 Will. IV., c. 7, to extend to such writs of
inquiry and issues.
20. Sheriffs to name deputies to be resident in London.
21. Defendant to be allowed to pay money into Court
in certain actions by Judge's order.
22. Gives power to direct local actions to be tried in
any county.
23. Gives the power for the Court or Judge to direct
the facts, to be found specially.
24. Gives power to state a special case for the Court
without proceeding to trial.
25. TVitnesses interested solely on account of the
verdict to be admissible.
26. Direction to indorse the name of the witness on the
record.
27. Jury empowered to allow interest upon debts.
28. And in actions of trover or trespass for goods, and
on policies of insurance, the Jury may give interest by
way of damages.
29. Interest to be allowed on all writs of error for the
time that mention has been delayed.
30. Executors suing in right of the testator to pay costs.
31. One or more of several defendants in any action
having a verdict to have costs.
32. Plaintiff in scire facial, and plaintiff or defendant
on demurrer, in all cases to have costs.
33. Awards costs of Special Juries in case of a uonsuit.
6 Geo. IV., a. 50.
34. Gives power to make regulations as to the officers
of each Court at Westminster taxing costs.
35. Executors of lessor for term of years to have power
to distrain fur arrears in the lifetime of testator. Arrears
may he distrained for within six months after determina-
tion of Term.
36. Provides that submission to arbitration by Rule of
Court, &c., not to be revocable, with power to compel
the attendance of witnesses at arbitrations; and with
power to the arbitrators under a Rule of Court to admi-
nister an oath.
37. Extends the power of granting commissions to take
affidavits to Scotland and Ireland.
38. Abolishes certain holydays, enacting, that none of
the several days mentioned in the sth and 6th Edward
toe Sixth, entitl-d " An Act for the keeping Holydays and
Fasting Days," shall be observed or kept in the said
Courts, or in the several offices belonging thereto, except
Sundays, the day of the Nativity of our Lord, and the
three following days, and Monday and Tuesday in Easter
week.
1 [This Bill, which introduces so many alterations, is
founded chiefly on the recommendations of the Commis.
y sionera in their Repot ton the State of the Common Law
id