C. L. P. Act, 1854, sec. 102.-Provided also, as to proceedings in appeal, that the Court of Queen's Bench, being the court of error from the said Court of Common Pleas at Lancaster and Court of Pleas at Durham respectively, shall also be the court of appeal from the said respective courts for the purposes of this Act, in reference to motions for new trials, or to enter verdicts or nonsuits previously made to the judges of the said respective Courts of Common Pleas at Lancaster and Court of Pleas at Durham respectively. C. L. P. Act, 1860, sec. 42.—Provided also, as to proceedings in appeal, that the Court of Queen's Bench, being the court of error from the said Court of Common Pleas at Lancaster and Court of Pleas at Durham, shall also be the court of appeal from the said respective courts for the purposes of this Act. PRACTICE AND PROCEDURE. As to the general practice of the court, it will be sufficient to repeat that all rules and orders of the court, existing at the date of the new General Rules and Orders, with the exception of those of the Spring Assizes 1868, are cancelled; that the practice, where there is no special provision, is made (r. 31 Gen. R. and O.) conformable to that of the superior courts at Westminster; and that most of the provisions of the C. L. P. Acts, and many of the rules of the superior courts of Westminster, have been applied to this court. The C. P. at L. A. Act 1869, and the General Rules and Orders, made in pursuance of that Act (upon which the practice of the court now almost entirely depends) follow in Part II. The orders of the Spring Assizes 1868, are inserted at the beginning of the General Rules and Orders. As to the application of the C. L. P. Acts and the rules of the courts at Westminster, see Part II. rr. 20, 21, Gen. R. and O., and notes thereto. As in practice it may occasionally be found convenient, or even necessary, to refer to the older statutes, regulating the practice and procedure of this court, they have been inserted in the Appendix. For the purposes of this treatise (which is of a supplemental character), the above observations, as to the constitution and jurisdiction of this court, appear to be sufficient. THE COMMON PLEAS AT LANCASTER AMENDMENT ACT, 1869. An Act to authorize the appointment of District Prothonotaries of the Court of Common Pleas of the County Palatine of Lancaster, and to provide for the better despatch of business therein. [26th July, 1869.] WHEREAS the Court of Common Pleas of the County Palatine of Lancaster is an ancient court, and has been found greatly beneficial to the inhabitants of the said county palatine, and it is expedient to amend the practice thereof: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Chancellor to prothonotaries districts. 1. The Chancellor of the Duchy and County Palatine Power to the of Lancaster for the time being may from time to time appoint district appoint, by writing under his hand, such competent and assign persons as he shall think fit, to act as district prothonotaries of the said Court of Common Pleas of the said county palatine during good behaviour, and may assign a district to the persons so appointed, and every district prothonatary shall be paid by salary as herein-after provided. T. E. Paget, Esq. has been appointed district prothonotary for the Liverpool district; T. K. Loury, Esq., Q. C., for the Manchester district. The acting prothonotary will act as district prothonotary for the Preston district. (See sec. 11.) Power to the Chancellor to appoint clerks to act 2. The Chancellor of the said duchy and county Palatine for the time being may also from time to time within districts. appoint, by writing under his hand, such competent persons as he shall think fit to act during the pleasure of the said Chancellor for the time being as clerks for the efficient despatch of business within any district, and every person so appointed shall be paid such sum by way of salary or remuneration as herein-after provided. Every district prothonotary to have an office within his district. Duties of district prothonotaries and clerks. Additional duties and 8. Every district prothonotary shall have an office in some convenient situation within his district, to be approved of by the Chancellor of the said duchy and county palatine for the time being, and the rent and taxes of and other expenses and outgoings connected with such office shall be paid as herein-after provided. The office for the Liverpool district is at 13, Harrington Street, Liverpool; for the Manchester district at 57, King Street, Manchester. 4. Each of the district prothonotaries and his clerk or clerks shall within his district discharge such of the duties and have and exercise such of the powers and authorities which heretofore have been discharged, or had and exercised by the prothonotary, as shall be assigned to him by the Chancellor of the said duchy and county palatine for the time being: Provided always, that the duties and powers and authorities of associate are to be discharged, had, and exercised by the prothonotary as they have been heretofore discharged, had, and exercised by the prothonotary or acting prothonotary of the said court. As to the duties and powers of the district prothonotaries, see the General Rules and Orders, r. 5. 5. In addition to the duties and powers to be dispowers to be charged and exercised by the respective district prothodischarged and exercised notaries, within their respective districts, as hereinby district prothonotaries. before mentioned, each of the said district prothonotaries shall, with reference to the business of the said court within the district to which he shall be so appointed, discharge all the duties and have and exercise |
