PRACTICE AND PROCEDURE. The practice and pro cedure of the High Court of Justice in England is now regulated by the Judicature Act, 1925 (which repealed and consolidated nearly all the former Judicature Acts), and the various rules of court made pursuant to various Acts passed in and since 1883. Lest the Judicature Acts and Rules as so framed should not pro vide for every contingency, it was expressly provided by rule in 1883 that "where no other provision is made by the Judicature Act or Rules the procedure and practice existing in 1883 should remain in force." The object of the Judicature Acts and the Rules made thereunder was to improve a system of practice and pro cedure which had grown up through the centuries. Although those concerned to defend the ancient order were wont to say that it made for precision—particularly in the matter of plead ings there can be no doubt that its advantages were, or became, hidden under its chief defects—prolixity and technicality.
The following is an attempt to state, in outline, the practice and procedure in the High Court in England. In the performance of his task the writer has kept one fact constantly in mind, namely, that if the reason for a particular rule or canon of procedure is appreciated, the rule will be better understood. The rules of pro cedure did not spring into being in a single day: they are the result of years of experience. And it will always be found that whether it be sound or not there is a reason for every rule, how soever technical it may appear to be.
respondents, and it occurs in the phrase "answer to interroga tories." (See "Discovery" below.) Assets in English law mean the property of a debtor in the hands of his representative suf ficient for the satisfaction of his creditors or legatees; the word also occurs in the phrase "administration of assets." (See 0. 55, r. 3, 4.) An Associate is an officer of the supreme court, whose duties are to draw up the list of causes, enter verdicts, hand the records to the parties, etc., and generally to conduct the business of trials. Assumpsit (Lat. "he has undertaken") was a word applied to an action for a breach of contract, and was always used in pleadings by the plaintiff to set forth the defendant's under taking or promise. Hence the phrases "bring assumpsit" or "sue in assumpsit." Declaration in an action of English law was formerly the first step in pleading—the precise statement of the matter in respect of which the plaintiff sued. It is also used in other legal con nections, e.g., declaration of insolvency, declaration of title, declaration (statutory) in lieu of an affidavit; and dying declara tion. In forma pauperis is the legal phrase for a method of bring ing or defending a case in court on the part of persons without means. Information (q.v.) is a proceeding on behalf of the Crown against a subject otherwise than by indictment. Certain suits might formerly be filed in chancery by way of information in the name of the attorney-general. Informations are still filed by the attorney-general in revenue cases in the king's bench. Judgment summons is a summons issued under the Debtors Act 1869, citing a defendant against whom judgment has been entered to appear and be examined as to his means, and to show cause why he should not be committed for non-payment of his debts. Summons is, in English law, (I) a command by a superior author ity to attend at a given time or place or to do some public duty ; (2) a document containing such command, and not infrequently also expressing the consequence entailed by neglect to obey.