the mode of ascertaining the amount to be recovered thereupon and incident thereto; and all the provisions of this Act with respect to juries and jury process; and with respect to the admission of documents; and with respect to the expenses of execution and the remaining in force and renewal of execution, the discharging of parties from execution and charging in execution persons in prison; and with respect to proceedings for the revival of judgments and other proceedings by and against persons not parties to the record; and with respect to the effect of death, marriage and bankruptcy upon the proceedings in an action; and with respect to the proceedings upon motions to arrest the judgment and for judgment non obstante veredicto; and with respect to proceedings in error subject to the proviso hereinafter contained; and all the provisions of this Act with respect to the action of ejectment and incident thereto; and with respect to the power of amendment by courts and the judges thereof, shall extend and apply to the Court of Common Pleas at Lancaster and the Court of Pleas at Durham, and actions and proceedings therein respectively. The C. L. P. Act, 1854, sec. 100 applies the provisions of that Act to this court; and similarly the provisions of the C. L. P. Act, 1860, are applied to this court by sec, 40 of that Act. The above rule purports to apply to this court the provisions of the C. L. P. Act, 1852, as to ejectment; these provisions were already applied by sec. 229 of that Act. (See above.) The exception in the above rule "as to service elsewhere than in the "County Palatine of Lancaster" seems inconsistent with the construction of the C. P. at L. A. Act, 1869, sec. 15, which has been suggested above. (p. 37). APPLICATION OF RULES OF THE COURTS AT WESTMINSTER. 21. The undermentioned General Rules of the Superior Courts of Common Law at Westminster, shall so far as the same are applicable, mutatis mutandis, be, and they are hereby adopted as General Rules of the Court of Common Pleas at Lancaster. The Regulæ Generales as to pleading of Hilary Term, 1853, numbers 1 to 32, both inclusive. The Regulæ Generales of Hilary Term, 16 Victoria, January 11th, 1858, except those numbered 1, 7, 9, 31, 34, 36, 39, 43, 45, 47, 75, 120, 131, 132, 144, 147, 150, 154, 158, 164, 166, 167, 173 and 175. Rules of Michaelmas Vacation, the 27th of November, 1854. The forms of proceedings contained in the schedules to the said Regulæ Generales and Rules respectively, may be used in the cases to which they are applicable, with such alterations as the nature of the action, the description of the court in which the action is depending, the character of the parties, or render necessary; but any the circumstances of the case may variance therefrom, not being in matter of substance, shall not effect their validity or regularity. Regulæ Generales of November the 26th, 1855. Regulæ Generales of Easter Term, April the 23rd, 1857. Regulæ Generales of Hilary Term, January the 30th, 1858. Regulæ Generales of Hilary Term, 25th Victoria, January the 21st, 1862. 66 Regulæ Generales of Trinity Term, June the 6th, 1867. The provisions of the Summary Procedure on Bills of Exchange Act, 1855, are applied to this court. Sec. 8 enacts that "the provisions of this Act shall apply, as near as may be, to the Court of Common Pleas at Lancaster and "the Court of Pleas at Durham, and the judges of such courts, being judges "of one of the Superior Courts of Common Law at Westminster, shall have 'power to frame all rules and process necessary thereto." (See Day's C. L. P. Acts, p. 328.) Under sec. 1 of this Act to enable a plaintiff to sign final judgment, where personal service of the writ of summons has been effected, it is necessary for him to file an affidavit of such service within the jurisdiction of the court. If the C. P. at L. A. Act, 1869, sec. 15 gives effect to the service in any county of writs of summons and of execution, issued out of this court, (as suggested above p. 37), it seems to have done all that is necessary to extend the jurisdiction of this court; which therefore (if such be the effect of sec. 15), appears now to be concurrent with that of the superior courts of common law at Westminster. ATTORNEY'S COSTS. 22. The directions to the masters of the said courts at Westminster, and the scale of costs of the 27th of January, 1853, shall be taken as directions to the prothonotary, and as the scale of costs of the court, mutatis mutandis. PROTHONOTARY'S FEES. 23. The table of fees to be taken in respect of business to be transacted before the prothouotary, shall be the same as by the table of fees of the said courts at Westminster, published in the London Gazette of 24th November, 1852, are specified as proper to be taken in the offices of the masters and in the chambers of the judges. See APPENDIX. WRIT OF SUMMONS. 24. When a writ of summons is endorsed in the special form mentioned in section 27 of "The Common Law Procedure Act, 1852," the following are the amounts which may endorsed by the plaintiff's attorney upon the writ for costs of judgment, and to include mileage. IN ACTIONS ABOVE £20 £3 8s. IN ACTIONS UNDER £20 £2 14s. Where the plaintiff's attorney, at the time of issuing the writ, claims more than the sum fixed as above, the indorsement on the writ of summons, in respect of costs, shall be as follows: "Such sum as shall be allowed on taxation of costs." And in case the plaintiff shall be found not entitled to more costs than such fixed sums, or, if more than one-sixth shall be disallowed, the plaintiff's attorney shall pay the costs of taxation; so if the attorney has endorsed on the writ one of the fixed sums for the costs of judgment, and claims more costs on signing judgment, and on taxation shall be found not entitled to more than such sum, or if more than one-sixth be taken off on taxation, the plaintiff's attorney shall in like manner pay the costs of taxation. PLEADINGS. 25. When the defendant shall appear either in person or by attorney, the declaration and all pleas and other subsequent pleadings shall be delivered between the parties or their attorneys, as the case may require. The old practice was to file all pleadings with the prothonotary, and, after filing a pleading, to give notice of the same to the attorney or agent of the opposite party. 26. All pleas to the jurisdiction shall be delivered before the expiration of four days from the delivery of the declaration. 27. In all cases the time for pleading in bar, unless extended by the prothonotary, shall be eight days. 28. Either party may give to the opposite party a notice to reply or rejoin, as the case may be, in four days, otherwise judgment; but the prothonotary may, at his discretion, grant further time to reply. COSTS IN GROSS. 29. In all cases upon interlocutory applications where the court or a judge shall deem it proper to award costs to either party, it shall be optional with the court or a judge to refer the costs to the prothonotary to be taxed, or, by the order, direct the payment of a sum in gross in lieu of taxed costs, and also to direct by and to whom such sum in gross shall be paid. RETURN OF SUMMONS. 30. If the opposite attorney shall not indorse on the summons his consent to an order, and shall not attend at the return thereof, or within half an hour thereafter, the order required may be made on an affidavit of service and attendance of the summons. GENERAL PRACTICE. 31. The practice where no rules and orders apply to the contrary, shall be as nearly conformable as may be to the rules and practice of the Superior Courts at Westminster, as the same now are or hereafter may be made or altered. DUFFERIN AND CLANDEBOYE. G. HAYES. 23rd of October, 1869. APPENDIX A. STATUTES RELATING TO PRACTICE AND PROCEDURE OF THE COMMON PLEAS AT LANCASTER. [34 GEO. III., Cap. 46.] An Act for taking of Special Bail in Actions and Suits depending in the Court of Common Pleas of the County Palatine of Lancaster. [9th May, 1794.] WHEREAS it hath been found inconvenient that no per- Preamble. son is empowered to grant commissions for the taking and receiving recognizances of bail in actions and suits commenced or depending in the Court of Common Pleas, otherwise called the Court of Session for the County Palatine of Lancaster, held before His Majesty's justices there: For remedy whereof, be it enacted by the King'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, that, from and after the passing of this Act, The Chancellor the Chancellor of the Duchy and County Palatine of Lan- lor of the County caster, or his Vice Chancellor for the said County Palatine of Lancaster, for the time being respectively, shall and may, by one or persons to take more commission or commissions, under the seal of the said depending in the county county palatine, from time to time, as occasion may require, court, &c. impower such and so many person and persons (other than common attornies and solicitors), as he or either of them shall think fit and necessary, in the said County Palatine of Lancaster, to take and receive all and every such recognizance or recognizances of bail or bails, as any or Vice Chancel may authorize bail in actions |