The Sun.
London, England, 1860-10-10 00:00:00

TRE NEW COMMON LAW PROCEDURE

ACT.

To-day (Wednesday) the New Common Law
Procedure Act comes into operation, and will effect
some considerable improvements at common law.
It recites that it is desirable further to improve the
process, practice, and mode of pleading in, and in
some respects to enlarge the jurisdiction of, the su-
perior courts of common law. With regard to eject-
ments for a forfeiture for non-payment of rent or
for non-insuring, the Court or a judge is empowered
upon a rule or summons to give relief in a sum-
mary manner, but subject to an appeal to the
Courts of Error. A notice of appeal is to be a
stay of execution, provided bail to pay the sum de-
manded and costs be given. On interpleader pro-
ceedings an interpleader may be granted, though
the titles of the claimants to the money, goods, or
chattels in question, or to the proceeds or the value
thereof, have not a common origin, but are adverse
to and independent one of another. The Court or
judge may direct the sale of goods seized in execu-
tion, and in certain cases decide summarily. A
special case may be stated, when the facts are un-
disputed, for the opinion of the Court. There are
several provisions with respect to procedure and
practice ; dower, writs of right of dower, and
quare impedit are abolished as real actions, and are
to be commenced by writ of summons. In pro-
ceedings to obtain an attachment of debts the
judge may refuse to interfere where from the small-
ness of the amount to be recovered or of the debt
sought to be attached or otherwise the remedy
sought would be worthless and vexatious. Where
a third person is alleged to have a lien he may be
required to attend, and the judge may bar the
claim and make an order as to the matter in dispute.
Costs of writs of mandamus and injunction can
new be included in the writs. " When the
plaintiff in any action for an alleged wrong in any
of the superior courts recovers by the verdict of a
jury less than £5 he shall not be entitled to recover
or obtain from,the defendant any costs whatever in
respect of such verdict, whether given upon any
issue or issues tried or judgment passed by default,
in case the judge or presiding officer before whom
such verdict is obtained shall immediately after-
wards certify en the back of the record, or on the
writ of inquiry, that the action was not really
brought to try a right besides the mere right to re-
cover damages, and that the trespass or grievance
in respect of which the action was brought was not
wilful and malicious, and that the action was not
fit to be brought." The other sections are of a
practical character to carry out the Act, which Act,
by an Order in Council, may be extended to other
courts of record.

T.HIS DAY'S MARKETS.

CORN EXCHANGE.

The few samples of English wheat on offer in to-day's
market were chiefly the refuse of Monday, and in very poor
condition. They met a dull inquiry, at irregular quotations.
Millers generally operated with extreme caution.
Foreign wheat was in full average supply. Although
the inquiry was somewhat restricted, importers were firm
in their demands, and the quotations were supported.
In floating cargoes of grain the transactions were less
numerous. However, no change took glace in value.
All kinds of barley commanded a steady inqury, at very
full prices.

The malt trade was fins, but no change took place in the
currencies.

Oats sold at quite Monday's quotations, whilst beans and
peas were very firm.

There was only a limited demand for flour, at previous
rates. The imports are large.

ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
Eng1i5h........ 770 ' 590 1,020 — I 6.50
Irish — 510
I F0reign........ 15,190 1,270 3,050 4,090 sack 3
8,210 brls.