Official Books. The Imparlance Other Documents. Inclosure For the convenience of practitioners Books are kept at the Prothonotary's office, for the entry of different proceedings: thus, there are separate books for the entry of Writs, Bails, Appearances, and Rules. Books of Index (called Pyebooks), to the Declarations, and Affidavits to hold to Bail. Books for the entry of Attorneys' Admissions and Certificates for registering Articles of Clerkship-and for entering the names of persons applying for admission as attorneys. The principal book, however, is called the Imparlance Book, or Book of Remembrance, and contains at length, the names of all the parties to every Suit which has proceeded as far as Declaration, with minutes of most of the proceedings in the action, and when taken. As an accompaniment to this book, there is an index or Pye Book, containing, in alphabetical order, the names of the defendants, and the number of the entry in the Imparlance Book; which number corresponds with that of the Declaration. The remaining documents are generally kept on Files; thus there is a file for the memorandums left with the Prothonotary, on issuing Process, entering appearances, and filing bails; there are separate files for returned writsaffidavits to hold to bail-affidavits of service of processdeclarations-pleadings-consent rules in ejectment-bills of taxed costs, with affidavits of increase-jury process with panels annexed-Judges' orders-fines, for passing estates -and there is a file (called the minute file), containing a variety of papers, of a miscellaneous nature, such as warrants of attorney-cognovits-awards-minutes of motions-affidavits used in support of, or in opposition to, special bail-fiats for attorneys' admissions-and, in short, all other documents and memoranda, for which there is. no separate File. Although Inclosure Awards are not connected with the proceedings of this Court, yet it may be proper to mention such of them as are kept by the Prothonotary, in the Record-room, at Lancaster; these are the Awards for Burton in Kendal-Caton-Chipping, Mitton, and RibchesterClaughton in Lonsdale-Halton-Hornby-Nether Kellet-Over Kellet-Quernmore Scotforth-Thorntonmarsh-Ulverston-Whittington, and Newton-with-Doc ker (i). proved. If a Record, or other document of this Court, be wanted Documents of the Court, how as Evidence on the trial of a cause in this Court, a Subpæna duces tecum, or notice to produce it, must be served on the deputy Prothonotary, who will produce the same, for which he charges a fee of one guinea; and if a Judgment be required to be produced, which is not entered up in form, he will enter up the same without any additional fee (j). If, however, a Record be wanted as Evidence on a trial in any other Court, an examined office-copy thereof must be produced; as Records cannot be removed from place to place, to serve a private purpose (k): and where the Record itself is in Issue, in a Court of superior or concurrent jurisdiction, the trial is then by the tenor of the Record, which may be obtained by a writ of Certiorari,without the inconvenience of removing the original Record (1). An official extract from the books, shewing the state of Extracts from proceedings, or a copy of the minute of a final Judg- and Copies and ment, is sometimes taken: but such extract or copy, is proceedings. (i) The following Inclosure and Tithe Awards are deposited with the Clerk of the Peace for the County viz. :-Astley-Cartmel-Caton-Chew Moor-Childwall, &c.-Chorley Moor-Claughton-Crosby MarshCroston Finney-Egton-with-Newland-Ellel Čommon-Farnworth and Kersley-Farington Moss-Fulwood-Golborne-Harwood-Hawkshead Heights-Horwich Moor-Kirkby Ireleth Lindale and Marton-Lancaster Tithe-Lathom and Skelmersdale-Little Woolton and Great WooltonNewton-Pennington-Radcliffe and Ainsworth-Rawcliffe Moss-Rumworth-Siddall Moor-Silverdale-Skelding Moor-St. Michael's Tithe -Tonge-with-Haulgh-Tootill Hill and Reaps Moss-Twist GreenMoor-Warton-with-Lindeth-Westhoughton-Yealand. Walkden (j) The Judgments of this Court have been considered to have relation to the first day of the Assizes next preceding the time of their entry; but the provision of the Stat. of Frauds as to the relation of Judgments was extended to this Court, by 8 Geo. 1, c. 25, s. 6: and by a late Rule of all the Courts [Rule 3, Hil, T. 4 W. 4.] all Judgments whether interlocutory or final, are required to be entered of record, of the day of the month and year, whether in Term or Vacation, when signed; and shall not have relation to any other day. (k) Phil. Evid. 384, and see 27 Eliz. c. 9, s. 9, which prohibits the removal of the Records of the Fines and Recoveries of this Court, (1) Phil. Evid. 386. Roscoe Evid. 53. Certificates of Searches. not, it seems, admissible as evidence (m). The Prothonotary will not, however, grant an extract from a Fine, Recovery, or Judgment, but an office copy may be had. All searches are made by, or in the presence of, the deputy Prothonotary, or his confidential clerks. The fee payable to the Prothonotary is 6s. 8d. for a search during each King's Reign, to which reference is made; and 1s. to the Courtkeeper at Lancaster, If a search should be necessary among the Records themselves, which are kept at Lancaster, the Prothonotary charges a reasonable sum for his journey and attendance, according to circumstances: but the Records at Lancaster may be inspected during an Assizes, when the deputy Prothonotary is attending the Court there, without any extra charge. The Attorneys of the Court, have access to such of the Books and Papers as are in daily use, without any charge whatever. (m) Phil. Evid. 387. Roscoe Evid. 54. BOOK 2. OF THE PROCEEDINGS IN AN ACTION FROM ITS CHAP. I. OF THE COMMENCEMENT OF PERSONAL ACTIONS. Before the Statute 4 and 5, W. 4, c. 62 (a), personal Former Process. actions in this Court, were commenced by Writ of Capias ad respondendum, quare clausum fregit, in all ordinary cases -by original writ in some instances, as in actions against Corporations-by attachment of privilege, at the suit of Attorneys, and other privileged persons-and by Bill, against Attorneys, and Officers, having privilege of the Court. The above Statute has, however, abolished this diversity of Present Process Process, and substituted the Writ of Summons, as serviceable Process, for the commencement of personal actions— the writ of Capias, as bailable Process, for the like purpose― and the Writ of Detainer, as the proper Process when it is intended to detain any person in gaol. These are declared by the Act, to be the only Writs for the commencement of Personal actions, in this Court, in the cases to which such Writs are applicable (b); and consequently the old mode of commencing such actions, by original Writ, Bill, and Attachment of Privilege, in the cases before mentioned, is at an end. (a) By this Act, the Process of this Court, is assimilated to that which is provided by Stat. 2, W. 4,, c. 39, (the uniformity of Process Act,) for the Courts at Westminster. (b) Sec. 15. f To what Cases The Act does not extend to real and mixed actions, and the Stat. 4 & 5, therefore such of these as are not abolished (c), may, as W. 4, c. 62, does not extend. we have seen, be commenced as before; and it is expressly provided, that nothing therein contained, shall extend to any cause removed into this Court, by Writ of Pone loquelam, Accedus ad curiam, Certiorari, Recordari facias loquelam, Habeas Corpus, or otherwise (d). Neither does the Act prohibit the proceeding by Scire facias, on a recognizance of Bail (e), or to revive a Judgment; nor does it extend to a Writ of Error (ƒ). It has also been determined, that the Statute applies to the commencement of actions only; and not to the continuance of those commenced, before it came into operation (g). Former Rules It may be applicable to to notice here, that all the Rules of proper present Process. this Court, in force at the time of passing the Act 4 and 5, W. 4, c. 62, respecting the proceedings in actions commenced by Writs of Capias ad respondendum, are declared by a late Rule (h) unless thereby altered, to be applicable to proceedings, in actions thenceforward to be commenced by Writs of Summons, Capias, and Detainer; in which last-mentioned actions the Prothonotary of this Court, or his deputy, is empowered to issue all such Rules, as he was, at the time of passing the said Act, empowered to issue, in actions commenced by Writs of Capias ad respondendum, or Rules to the like effect, mutatis mutandis. SECT. 1. OF SERVICEABLE PROCESS; OR, THE WRIT OF SUMMONS FOR Writ of Sum mons. Previous to the Statute 4 and 5, W. 4, c. 62, the Writ of Capias ad respondendum was used in this Court, as well Atherton's Tr. pa. 4. Tidd's Pr. (1833) pa. 63. Tidd's Pr. (1833) pa. 63. Storr v. Bowles, 4 Barn. and Ad. 112. 1 Dow. P. C. 516, S. C. Finnie v. Montague, 5 Barn and Ad. 877. (h) Reg. Gen. (1) Mar. Ass. 5 W 4. |