THE PRACTICE ACT. 5 made a defendant, the reason therefor being stated in the com- dants. SEC. 12. Any person may be made a defendant who has or Defenclaims an interest in the controversy or any part thereof, adverse to the plaintiff, or whom it is necessary, for a complete determination or settlement of any questions involved therein, to make a party. 69 SEC. 13. ous parties. SEC. 13. Wherever the persons who might be made parties Numerare very numerous, so that it would be impracticable or unreasonably expensive to make them all parties, one or more may sue or be sued, or may be authorized by the court to defend, for the benefit of all. tors, trus parties. 620 SEC. 14. An executor, administrator, or trustee of an express Executrust may sue or be sued, without joining the persons represented tees, etc. by him and beneficially interested in the suit. 621. SEC. 15. The court may determine the controversy as between New the parties before it, where it can do so without prejudice to the rights of others; but where a complete determination cannot be had without the presence of other parties, the court may direct them to be brought in. And where a person, not a party, has an interest or title which the judgment will affect, the court, on his application, shall direct him to be made a party. 622 SEC. 16. 623 er and non No action shall be defeated by the non-joinder or Misjoind mis-joinder of parties. New parties may be added and sum-joinder. moned in, and parties mis-joined may be dropped, by order of the court, at any stage of the cause, as it may deem the interests of justice to require. tion of plaintiffs. SEC. 17. When any action has been commenced in the name Substituof the wrong person as plaintiff, the court may, if satisfied that it has been so commenced through mistake, and that it is necessary for the determination of the real matter in dispute so to do, allow any other person to be substituted or added as plaintiff. 624 SEC. 18. When a counter-claim raises questions affecting the New parinterests of third parties, the defendant may, and, if required ter-claims. by the court, shall, cause such parties to be summoned in, as parties to said cause. 625. SEC. 19. ties to coun No change in parties, made by order of court, shall Change in parties not impair any previous attachment of the estate or body of any per- to impair attachson remaining a defendant in the action, nor impair bonds or ments etc. recognizances of any person remaining a party, either as against himself or his sureties, nor impair receipts to the officer for prop 6057 6 Process. Form of Attach- THE PRACTICE ACT. erty attached; and, when parties are changed, the court may order new bonds, if such new bonds are deemed necessary. Orders of court concerning change in parties may be upon terms, as to costs or otherwise, at the discretion of the court. SEC. 20. Mesne process in civil actions shall be a writ of summons or attachment, describing the parties, the court to which it is returnable, and the time and place of appearance. All such writs shall be signed by a justice of the peace, commissioner of the Superior Court, or a judge or clerk of the court to which it is returnable, and may run into any county. Attachments may be granted upon all complaints containing a money demand, against the estate of the defendant, both real and personal, and for want thereof against his body, when not exempt from imprisonment on the execution in the suit. The forms of mesne process may be the same as now used and authorized, substituting for the words in said forms "in a plea of" the words "in a civil action, wherein the plaintiff complains and says," or other equivalent words; and substituting for the words "to show cause, if any he have, why the prayer of the foregoing petition should not be granted," the words "then and there to answer unto C. D. of in a civil action, wherein the plaintiff complains and says." SEC. 21. No attachment shall be granted against the body, unless each cause of action in the complaint be such that execution may issue against the body of the defendant, upon a judg ment founded thereon. Any defendant arrested on mesne process may apply to any judge of the court to which the writ upon which he has been arrested is returnable, giving reasonable notice of the time and place of the application to the plaintiff or his Discharge attorney, for a discharge from arrest; and said judge may, if he is of illegal attachment of satisfied that such attachment of the defendant's body is unjusti body. Trial. Jury cases. fiable, discharge him from arrest. SEC. 22. Section 2 of Chapter IX of Title 19 of the General Statutes (page 428) is hereby amended, so as to read as follows: "In the Superior Court, Court of Common Pleas, District Court, and City Courts, separate dockets shall be kept of jury cases and court cases. The following named classes of cases shall be entered on the jury docket, at the request of either party, made to the clerk during the first term, to wit: appeals from probate, involving the validity of a will, or paper purporting to be such; appeals from the doings of commissioners on insolvent estates; and (except as hereinafter provided) civil actions involving such THE PRACTICE ACT. 7 བ an issue of fact as, prior to the passage of this Act, would not present a question properly cognizable in equity. Where, in any of the above named classes of cases, an issue of fact is joined after the first term, the case may, within three weeks from such joinder, be entered in the jury docket for the trial of such issue, upon request of either party made to the clerk; and any of such cases may at any time be entered in the jury docket by consent of both parties, or by order of the court. All cases not entered in the Court cases. jury docket under the foregoing provisions, including actions wherein the plaintiff sues for a debt due by book to balance book accounts, actions wherein an account is demanded and judgment rendered that the defendant do account, writs of habeas corpus, prohibition, and ne exeat, petitions for divorce, and all other special. statutory proceedings which, prior to the passage of this Act, were not triable by jury, shall be entered on the court docket, and shall, together with all issues of law and issues of fact other than those above specified, which may be joined in actions entered on the jury docket, be disposed of as court cases." cause. SEC. 23. If more than one issue of fact be joined in a cause Jury trial of particular upon the jury docket, either party may, and the party placing it issues in a there shall, within three weeks after the issues are joined, file with the clerk a written notice, stating whether he desires all such issues to be tried to the jury, and, if not, which of them he desires to be so tried. All issues which either party desires tried to the jury, and which are specified in such notice or notices, shall be so tried, provided they are such as, under the foregoing provisions, are properly triable by jury; but any other issues in the cause shall be tried as the court may direct, by the court, the jury, or a committee. trial, on dif SEC. 24. In all cases, whether upon the jury or the court Priority of docket, the court may order that one or more of the issues joined ferent isbe tried before the others. sues. SEC. 25. Either party may, by a written notice, call upon the waiving proof of other to admit the existence and due execution of any document, documents. material to the issue, saving all just exceptions; and in case of refusal or neglect to make such admission, within a reasonable time after the receipt of such notice, the costs of proving such doc. ument shall be paid by the party so neglecting or refusing, whatever may be the result of the action; unless the court find that said neglect or refusal was reasonable. SEC. 26. Any court having cognizance of writs of habeas corpus, 8 traordinary ordinary ac THE PRACTICE ACT. Use of ex- mandamus, quo warranto, prohibition, or ne exeat, may, in any remedies in action pending before it, make any order, interlocutory or final, tions. in the nature of such writs, or any of them, to the extent of its jurisdiction, so far as it may appear to be an appropriate form of relief. New trials. Error on one issue only. Amendments and repeal. General provision. Repealing clause: Gen. Stat.. pp. 396, 413, 414, 423, 424, 426. Particular amend ments: Gen. Stat., p. 424. p. 444. SEC. 27. If several issues are presented by the pleadings, and, on the trial of one or more of said issues, an error or ground for a new trial intervenes, which does not affect the legality of the trial or disposition of the other issue, or issues, judgment shall not be arrested or reversed, nor a new trial granted, except so far as relates to the particular issue or issues in the trial of which such error, or ground for a new trial, intervened. SEC. 28. Wherever the words "declaration" or "petition" or "bill in equity" occur in any statute, the word "complaint" shall be substituted therefor; and all existing statutes and rules of law, or of practice, which relate to civil actions, or to suits, or to certain forms of action, shall be construed as applicable to proceedings by complaint for the subject matter of such action or suit; and all existing statutes and rules of law, or of practice, which relate to the defendant's plea shall be construed as applicable to the answer required by this Act; and all rights which under existing laws may be enforced by any form of action or suit, may be enforced under this Act by complaint; and all defenses by way of the statute of limitations, or otherwise, available in any form of action, or suit, shall be available in like manner and to the same extent against the complaint founded on the proper subject-matter of such action; provided that all the provisions of this section shall be subject to such exceptions, modifications, and amendments as are made in this Act. SEC. 29. The following sections of Title nineteen of the General Statutes are hereby repealed: Section one of Chapter I (page 396); sections five and six of Chapter IV (pages 413, 414); and sections three, four, five, seven, nine, ten, and nineteen, of Chapter VII (pages 423, 424, and 426). SEC. 30. Title nineteen of the General Statutes is hereby amended as follows: Section eleven of Chapter VII (page 424), by striking out the first three lines, and inserting in lieu thereof the following words: “If any matter set up in the answer shall, upon demurrer." Section ten of Chapter XIII (page 444), shall be so amended as to read as follows: "All courts shall keep a record of their pro THE PRACTICE ACT. ceedings, and cause the facts, on which they found their final judgments and decrees, to appear on the record; and such finding, if requested by any party, shall specially set forth such facts." Section eight of Chapter XIV (page 445), by substituting for the p. 445. words "action at law," in the first line, the words "civil action, in which equitable relief was not properly demandable;" and by substituting for the words "actions of tort," in the fifth line, the words "actions founded on a tort." SEC. 31. The provisions of Part I, of Chapter XVII, of Title Account, nineteen (page 466), of the General Statutes, shall be applicable P. 466. to complaints where an account is demanded and the subjectmatter is such that an action of account would be an appropriate remedy under the existing law. p. 471. actions. The provisions of Part IV of said Chapter (page 471), shall be Book debt, applicable to complaints for the recovery of a debt due the plaintiff' by book, to balance book accounts. 633 SEC. 32. Sections one, three, four, five, six, seven, eight, twenty, Excepted twenty-one, and twenty-eight of this Act shall not affect flowage petitions, or proceedings of bastardy, replevin, summary process, habeas corpus, mandamus, prohibition, ne exeat, quo warranto, or in the nature of quo warranto, forcible entry and detainer, peaceable entry and forcible detainer, or for paying rewards, under Part sixteen, of Chapter XVII, of Title nineteen of the General Statutes. SEC. 33. The judges of the Superior Court shall have power Rules of at their annual meeting, or other meeting called for that purpose, to make all such orders and rules as shall be necessary and proper to give full effect to the provisions of this Act, including suitable forms of procedure under the same; and said judges, on or before October 1, 1879, shall prepare orders and rules, as above authorized, which they shall transmit to the Secretary of this State, who shall cause the same forthwith to be printed and distributed to all attorneys within the State; and all rules and orders thereafter adopted shall be in like manner printed and distributed. Court. 9 effect when: clause. SEC. 34. This Act, excepting section thirty-three, which shall Act to take take effect upon the rising of the General Assembly, shall take saving effect on the first day of January, 1880, but shall not affect any suits pending on the last day of December, 1879. Approved, March 28th, 1879. 2 |