A

BILL

To amend the Law relating to Double Costs, Notices of
Action, Limitations of Actions, and Pleas of the General
Issue, under certain Acts of Parliament.

[Note. The Words printed in Italics are proposed to be inserted

in the Committee.]

HEREAS divers Acts of Parliament, Public, Local and Preamble. Personal, contain enactments or provisions relating to the recovery of Double, Treble or other Costs, in certain cases, and to the pleading of the General Issue, and the giving any special matter in 5 evidence at any Trial to be had for any matter done in pursuance of or under the authority of the said Acts, and to the giving of Notice of Action before any Action shall be commenced: And whereas it is expedient that the Law should be altered in such respects; Be it therefore Enacted, by The QUEEN's most Excellent MAJESTY, by 10 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 so much of any clause, enactment or provision in any Act or Acts commonly called Public, Local and Personal, or Local and Personal, or in any Act or Acts of a Local or Personal nature, whereby it is enacted or provided, that either Double and Treble or Treble Costs or any other than the usual Costs between party and party shall or may be recovered, shall be and the same are hereby repealed: Provided always, That in lieu thereof, the usual Costs between party and party shall and may be recovered, and no more.

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1.

Repeal of
Local and

Provision in

Personal Acts giving Double

Costs.

2.

Provision in
Public Acts

And be it Enacted, That so much of any clause, enactment or pro- Repealing vision in any Public Act or Acts, not Local or Personal, whereby it is enacted or provided, that either Double or Treble Costs or any other giving Double than the usual Costs between party and party shall or may be recovered, shall be and the same are hereby repealed: Provided always,

and Treble

Costs.

3.

Repeal of Provision in Local and Personal Actions allowing

General Issue to be pleaded.

4. Uniformity of Notice of Action.

5.

General Limitation of

Local and

Personal Acts.

That instead of such Costs the party or parties heretofore entitled
under such last-mentioned Acts to such Double, Treble or other Costs,
shall receive such full and reasonable indemnity as to all Costs, Charges
and Expenses incurred in and about any Action, Suit or other legal
proceeding, as shall be taxed by the proper officer in that behalf,
subject to be reviewed in like manner and by the same authority as
any other taxation of Costs by such officer.

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And be it Enacted, That so much of any clause or provision in any Act or Acts commonly called Public, Local and Personal, or Local and Personal, or in any Act or Acts of a Local and Personal nature, 10 whereby any party or parties are entitled or permitted to plead the General Issue only, and to give any special matter in evidence without specially pleading the same, shall be and the same is hereby repealed.

AND whereas it is expedient that the Law should be uniform with respect to Notice of Action in all cases where such Notice of Action 15 is required; BE it therefore Enacted, That from and after the passing of this Act, in all cases where Notice of Action is required, such Notice shall be given

at least before any Action shall be commenced; and such Notice of Action shall be sufficient, any Act or Acts to the contrary thereof 20 notwithstanding.

AND whereas divers Acts, commonly called Public, Local and Actions under Personal, or Local and Personal Acts, and divers other Acts of a Local and Personal nature, contain clauses limiting the Time within which Actions may be brought for any thing done in pursuance of 25 the said Acts respectively: AND whereas the Periods of such Limitations vary very much, and it is expedient that there should be one Period of Limitation only; BE it therefore Enacted, That from and after the passing of this Act, the Period within which any Action may be brought for any thing done under the authority or in pursuance of any such Act 30 or Acts, shall be Years, or in case of continuing damage,

6.

Act not to extend to

Actions, &c. brought be

then within

Years after such damage shall have ceased;

and that so much of any clause, provision or enactment by which any other Time or Period of Limitation is appointed or enacted, shall be and the same is hereby repealed.

Provided always, and be it Enacted, That nothing herein contained shall extend or be construed to extend to any Action, Bill, Plaint fore passing of or Information, or any legal proceeding of any kind whatsoever, commenced before the passing of this Act; but such proceedings may be thereupon had and taken, in all respects as if this Act had not passed.

the Act.

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