Civil Procedure Act 1833

JurisdictionUK Non-devolved
Citation1833 c. 42
Anno Regni GULIELMI IV. Britanniarum Regis,Tertio. An Act for the further Amendment of the Law, and the better Advancement of Justice.

(3 & 4 Will. 4) C A P. XLII.

[14th August 1833]

'WHEREAS it would greatly contribute to the diminishing of Expence in Suits in the Superior Courts of Common Law atWestminster if the Pleadings therein were in some respects altered, and the Questions to be tried by the Jury left less at large than they now are according to the Course and Practice of pleading in several Forms 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 made, and Doubts may arise as to the Power of the said Judges to make such Alterations without the Authority of Parliament:' Be it therefore 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 the Judges of the said Superior Courts, or any Eightor more of them, of whom the Chiefs of each of the said Courts shall be Three, shall and may, by any Rule or Order to be from Time to Time by them made, in Term or Vacation, at any Time within Five Years from the Time when this Act shall 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 Regulations as to the Payment of Costs, and otherwise for carrying into effect the said Alterations, as to them may seem expedient; and all such Rules, Orders, or Regulations shall be laid before both Houses of Parliament, if Parliament be then sitting, immediately upon the making of the same, or if Parliament be not sitting, then within Five Days after the next Meeting thereof, and no such Rule, Order, or Regulation shall have Effect until Six Weeks after the same shall have been so laid before both Houses of Parliament; and any Rule or Order so made shall, from and after such Time aforesaid, be binding and obligatory on the said Courts, and all other Courts of Common Law, and on all Courts of Error into which the Judgments of the said Courts or any of them shall be carried by any Writ of Error, and be of the like Force and Effect as if the Provisions contained therein had been expressly enacted by Parliament: Provided always, that no such Rule or Ordershall have the Effect of depriving any Person of the Power of pleading the General Issue, and giving the special Matter in Evidence, in any Case wherein he is now or hereafter shall be entitled to do so by virtue of any Act of Parliament now or hereafter to be in force.

S-II Executors may bring Actions for Injuries to the Real Estates of the Deceased;

II Executors may bring Actions for Injuries to the Real Estates of the Deceased;

II. 'And whereas there is no Remedy provided by Law for Injuries to the Real Estate of any Person deceased, committed in his Lifetime, nor for certain Wrongs done by a Person deceased in his Lifetime to another in respect of his Property, Real or Personal;' for Remedy thereof be it enacted, That an Action of Trespass, or Trespass on the Case, as the Case may be, may be maintained by the Executors or Administrators of any Person deceased for any Injury to the Real Estate of such Person, committed in his Lifetime, for which an Action might have been maintained by such Person, so as such Injury shall have been committed within Six Calendar Months before the Death of such deceased Person, and provided such Action shall be brought within One Year after the Death of such Person; and the Damages, when recovered, shall be Part of the Personal Estate of such Person; and further, that an Action of Trespass, or Trespass on the Case, as the Case may be, may be maintained against the Executors or Administrators of any Person deceased for any Wrong committed by him in his Lifetime to another in respect of his Property, Real or Personal, so as such Injury shall have been committed within Six Calendar Months before such Person's Death, and so as such Action shall be brought within Six Calendar Months after such Executors or Administrators shall have taken upon themselves the Administration of the Estate and Effects of such Person; and the Damages to be recovered in such Action shall be payable in like Order of Administration as the Simple Contract Debts of such Person.

S-III Limitation of Action of Debt on Specialties, &c.

III Limitation of Action of Debt on Specialties, &c.

III. And be it further enacted, That all Actions of Debt for Rent upon an Indenture of Demise, all Actions of Covenant or Debt upon any Bond or other Specialty, and all Actions of Debt or Scire facias upon any Recognizance, and also all Actions of Debt upon any Award where the Submission is not by Specialty, or for any Fine due in respect of any Copyhold Estates, or for an Escape, or for Money levied on any Fieri facias, and all Actions for Penalties, Damages, or Sums of Money given to the Party grieved, by any Statute now or hereafter to be in force, that shall be sued or brought at any Time after the End of the present Session of Parliament, shall be commenced and sued within the Time and Limitation herein-after expressed, and not after; that is to say, the said Actions of Debt for Rent upon an Indenture of Demise, or Covenant or Debt upon any Bond or other Specialty, Actions of Debt or Scire facias upon Recognizance, within Ten Years after the End of this present Session, or within Twenty Years after the Cause of such Actions or Suits, but not after; the said Actions by the Party grieved, One Year after the End of this present Session, or within Two Years after the Cause of such Actions or Suits, but not after; and the said other Actions within Three Years after the End of this present Session, or within Six Years after the Cause of such Actions or Suits, but not after; provided that nothing herein contained shall extend to any Action given by any Statute where the Time for bringing such Action is or shall be by any Statute specially limited.

S-IV Remedy for Infants, Femes Covert, &c.

IV Remedy for Infants, Femes Covert, &c.

IV. And be it further enacted, That if any Person or Persons that is or are or shall be entitled to any such Action or Suit, or to such Scire facias, is or are or shall be, at the Time of any such Cause of Action accrued, within the Age of Twenty-one Years, Feme Covert, Non compos mentis, or beyond the Seas, then such Person or Persons shall be at liberty to bring the same Actions, so as they commence the same within such Times after their coming to or being of full Age, discovert, of sound Memory, or returned from beyond the Seas, as other Persons having no such Impediment should, according to the Provisionsof this Act, have done; and that if any Person or Persons against whom there shall be any such Cause of Action is or are or shall be, at the Time such Cause of Action accrued, beyond the Seas, then the Person or Persons entitled to any such Cause of Action shall be at liberty to bring the same against such Person or Persons within such Times as are before limited after the Return of such Person or Persons from beyond the Seas.

S-V Proviso in case of Acknowledgment in Writing, or by Part Payment.

V Proviso in case of Acknowledgment in Writing, or by Part Payment.

V. Provided always, That if any Acknowledgment shall have been made, either by Writing signed by the Party liable by virtue of such Indenture, Specialty, or Recognizance, or his Agent, or by Part Payment or Part Satisfaction on account of any Principal or Interest being then due thereon, it shall and may be lawful for the Person or Persons entitled to such Actions to bring his or their Action for the Money remaining unpaid and so acknowledged to be due within Twenty Years after such Acknowledgment by Writing or Part Payment or Part Satisfaction as aforesaid, or in case the Person or Persons entitled to such Action shall at the Time of such Acknowledgment be under such Disability as aforesaid, or the Party making such Acknowledgment be, at the Time of making the same, beyond the Seas, then within Twenty Years after such Disability shall have ceased as aforesaid, or the Party shall have returned from beyond Seas, as the Case may be; and the Plaintiff or Plaintiffs in any such Action, or any Indenture, Specialty, or Recognizance, may, by way of Replication, state such Acknowledgment, and that such Action was brought within the Time aforesaid, in answer to a Plea of this Statute.

S-VI The Limitation after Judgment or Outlawry reversed.

VI The Limitation after Judgment or Outlawry reversed.

VI. And nevertheless be it enacted, if in any of the said Actions Judgment be given for the Plaintiff, and the same be reversed by Error, or a Verdict pass for the Plaintiff, and upon Matter alleged in Arrest of Judgment the Judgment be given against the Plaintiff, that he take nothing by his Plaint, Writ, or Bill, or if in any of the said Actions the Defendant shall be outlawed, and shall after reverse the Outlawry, 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 within a Year after such Judgment reversed, or such Judgment given against the Plaintiff, or Outlawry reversed, and not after.

S-VII What shall not be deemed beyond the Seas within the Meaning of this Act.

VII What shall not be deemed beyond the Seas within the Meaning of this Act.

VII. And be it further enacted, That no Part of the United Kingdom ofGreat Britain and Ireland , nor the Islands of Man, Guernsey, Jersey, Alderney , and Sark , nor any Islands adjacent to any of them, being Part of the Dominions of His Majesty, shall be deemed to be beyond the Seas within the Meaning of this Act, or of the Act passed in the Twenty-first Year of the Reign of King Ja...

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