BILLS COSTS IN CHANCERY BY HENRY JAUMAN. OlorttfU Ham ^rl^nol Htbrarg iMataljaU Ei^uttg QloUettum (itft of 1. 3f. iHatalfaU. ffi.ffi. 1. 1094 CORNELL UNIVERSnV LIBRARY 924 084 263 262 The original of tliis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924084263262 London, Jaimary, 1857. LAW BOOKS PUBLISHED BX V. & K. STEYENS & a. S. NORTON, 26, BELL TARD, LINCOLN'S INN. Action at Ix^, Smith Admiralty. Edwutls • Notes of Cases . Fritchard . . Agricultural 'tenancy. Coolce American Law Books Arbitrators, Russell . . Watson Bai^krupt Law. Archfaold} by Flather Bills of Bxchaoge. BoildiagAct. Wowrych 17 Merrifield . . . . Chancery Practice. Braithwaite . . Dsiiell . . . . Jannan . . . . - Charitable l^sts. Finlasou . . . . Civil Law. Bowyer . * . . Cunun • ■ 4 ■ Oergy. Stephens . . ■ . Ccdonial Law. 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Price £l 13«. boards. *** The Names of Cases are published separately, price Is. 6d, Dowdeswell's Merchant Shipping Acts The Merchant Shipping Acts, 1854 & 1855 ; with a readable abridgement of the former Act, and an explanation of the Law relating to it ; also Notes, and an Appendix, containing a selection of the Instructions and Forms issued by the Commissioners of Customs and the Board of Trade. By G. M. DowDB.swELL, Esq., Editor of " Smith's Mercantile Law," &c. In 12mo. Price 14*. cloth. 1856. " Mr. Dowdeswell has prefaced his edition of the two important statutes which now form the code of the mercantile navy with an elaborate sketch of their pro- visions, carefully and clearly written, useful especially to persons who are not lawyers, and who desire to learn what is the law by which they are to be governed without being perplexed by mystical legal phraseology. The statutes are illus- trated with explanatory notes, and an index facilitates reference." — IJAW Times, January 26, 1856. " We think Mr. Dowdeswell has rendered good service by his able summary of the provisions of the Act." — Legal Observer, January 12, 1856. Brickdale's Leases and Sales of Settled Estates Act (19 & 20 Vict. c. 120), and the General Order of the 15th November, 1856, made in pursuance thereof. With an Introduction and Notes. By Matthew Inglett Brickdale, of the Middle Temple and Lincoln's Inn, Barrister-at-Law. In 12rao. Price-Ss. sewed. 1856. 10 I/AW BOOKS PUBLISHED BY Election Cases, 1847-1853. Reports of the Decisions of Committees of the House of Commons on the Trial of Controverted Elections, during the Fifteenth sind Sixteenth Parlia- ments of the United Kingdom. By D. Power, and H. Kodwell, Esqs. Barristers-at-law, and E. L. Dbw, Esq., M.A., one of the Committee Clerks of the House of Commons. In 12mo. Vols. I. and II., Part 1, price 18s. Crown Cases Reserved, (in Continuation of Denison and Dearsly.) Crown Cases Reserved for consideration, and decided by the Judges of England, and Cases relating to Indictable Offences and the Practice of the Criminal Law, argued and determined in the Court of Queen's Bench and the Courts of Error. July, 1856. By H. R. Dearsly and Thomas Bell, Esqs., Barristers-at-law. Vol. I., Part 1, price 4«. sewed. Drewry's Reports, (in Continuation of Simons.) Reports of Cases in the High Court of Chancery, decided by Vice-Chan- cellor Sir R. T. Kindersley. By C. S. Drewry, Esq., of the Inner Tem- , pie, Barrister-at-law. 2 Vols., and Vol. III., Palts I. to VII., price £4 IQe. 6d. sewed. Collier's Railway, &c., Clauses Consolidation Acts. The Railway Clauses, Companies Clauses, and Lands Clauses Consoli- dation Acts, with Notes : with an Appendix treating of the Formation of a Railway Company, the Mode of passing a Bill through Parliament, &c. ; and an Addenda of Statutes and Forms. Second Edition. By H. Mac- NAMARA, Esq. In 12mo. 1847. Price lis. boards. Darling on Trust Funds. A Treatise on the Administration of Trust Funds under the Trustee Relief Act; with an Appendix, containing the Trustee Relief Act, the Act for the further Relief of Trustees, the General Orders, and Forms of Pro- ceedings. By John Darling, Esq., Barrister-at-law. Just published in8vo. 1855. Price 7». 6rf. boards. ' Rogers' Ecclesiastical Law. A Practical Arrangement of Ecclesiastical Law, including a Treatise on Prohibition, and showing the Practice of the Ecclesiastical Courts Second Edition. By F.N. Rogers, Esq., one of Her Majesty's Counsel. In 8vo 1849. Price £l 16s. boards. STEVENS AND NOETON. 11 Fiiilason's Common Law Acts. The Common Law Procedure Acts of 1852 and 1854, with Notes, con- taining all the cases either already expressly decided on or tending to elucidate them. With an Appendix containing the Common Law Procedure Acts of Wjlliara IV., the recfnt Acts on Evidence, and the New Rules to Michaelmas Vacation, 1854, and an Introduction. By W. F. Finlason, Esq., Barrister-at-law. Just puhlished, in 12m'o. 1855. Price lis. cloth. " It will be seen from this analysis, and our former observations, that Mr. Finlason's edition of the Acts and Rules is comprehensive in its plan and complete in its details." — Jurist, No. 10, N. S. " This is, in our judgment, a most excellent and carefully-written book. The equity powers given to the Common Law Courts are admirably done. The views taken by Mr. Finlason of the practical bearing and operation of these Acts are remarkably shrewd and siiggestive. Such men, and their Editions of Statutes, tend very greatly to improve the laws they expound, and powerfully assist the objects of the legislature." — Law Mag., Feb., 1855. " We have now before us the work of Mr. Finlason, whose previous labonrs in expounding other statutes entitle him to the favourable consideration of the pro- fession. The notes to the various new enactments are very full and valuable." — Legal OBSBRVEa, Jan. 6, 1855. " His work is well done."— Law Times, Jan. 6, 1855. Wordsworth on Joint-Stock Companies. The Law of ^ilway. Canal, Water, Dock, Gas, and other Companies reqiuring express Authority of Parliament, together with the Law of Aban- donment and Winding-up, and that of Parliamentary Costs ; with Forms, and all the Statutes, including the Consolidation Acts of 1845-7. Sixth Edition. By Charles Woudsworth, Esq., Barrister-at-law. In 1 thick vol. royal 8vo. 1851. Price £1 lis. 6d. cloth. Harrison's Digest, continued from Easter Term, 1843, to Micliaelmas Term, 1855. By R. A. Fisher, Esq., of the Inner Temple. Barrister-at-law. In 2 vols, royal 8vo. 1856. Price £3 13*. 6d. bds. Harrison's Digest Of all the Reported Cases determined in the House of Lords, the several Courts of Common Law, &c., &c., from 1756 to 1843. Third Edition. By R. T. Harrison, Esq. 4 vols, royal 8vo. 1844. Price £6 16*. 6d. bds. (or the 6 vols, complete, with the above continuation, £10 10«. bds.), Taylor on the Joint-Stock Companies Registration Act.. A Practical Treatise on the Act for the Registration, Regulation, and In- corporation of Joint-Stock Companies, 7 & 8 Vict. c. 110 (as amended by 10 & II Vict. c. 78), with Directions for the provisional and complete Regis- tration of Companies ; intended as a Guide to Persons concerned in the Formation and Management of Companies towards compliance with the Pro- visions of the Registration Act. To which is added a Precedent of a Deed of Settlement, prepared and settled in conformity with the Provisions of the Act. By G. Taylor, Esq., Assistant Registrar of Joint-Stock Companies. In 8vo. 1847. Price 14s. boards. 12 LAW BOOKS PUBLISHED BT Arnonld on Marine Insurance. A Treatise on the Law of Marine Insurance and Average ; with Refer- ences to the American Cases and the later Continental Authorities. By Joseph Arnould, Esq. Barrister-at-law. In 2 vols, royal Svo. 1848. Price £2 10«. boards. • Select Cases in Chancery. Select Cases in Chancery, temp. King, from 1724 to 1733. Second Edition, with Notes. By Steuart Macnaghten, Esq., Barrister-at- law. In royal Svo. 1850. Price 10s. 6d. boards. " This is a useful volume, upon the plan of Smith's Leading Cases. A case is taken which expounds some leading principle of equity; to this Mr. Macnaghten has appended a note, in which he collects the subsequent cases, that show the ap- plication to particular circumstances, of the principle determined in the leading case — in fact, the expansion of the law, its growth thenceforward down to the present time. There is no method so apt as this for acquiring a scientific know- ledge of the law ; and therefore we recommend every law student to peruse the volume before us with profound attention. It will help to lay a solid foundation of law in him, which will be of infinite service in his after studies and practice." — Law Times, Dec. 4-, 1850. " These are the sort of reports we wish to encourage. This volume has been very judiciously selected from heaps of rubbish ; a notice not only of old cases, but of new ones which are really useful to the profession. The notes are after the fashion of Smith's Leading Cases, and they are tersely and ably written." — Law Magazine, Feb. 1851. Bisset on tLe La^ of Partnership^ Railway and other Joint- Stock Companies. In Svo. 1847. Price 18*. " As a specimen of the succinctness of our author's style, which, to give it the highest praise that a text writer can desire, reminds us of • The Compendium of the Law of Real Property,' we extract the first four paragraphs of the book. * * * * *^* * The second part of the work will be peculiarly acceptable to the profession, who have hitherto been unfurnished with any treatise on the law of Joint-stock Com- panies." — The Jurist. Bisset on Estates for Life. A Practical Treatise on the Law of Life Estates, Estates Tail after Possi- bility of Issue, Curtesy, Dower, Estates pur autre vie, and their incidents, especially with reference to the subject of Waste and Merger. By An- drew Bisset, Esq., of Lincoln's Inn, Barrister-at-law. In Svo. 1842. Price 13b. boards. "Mr. Bisset has earned a sound, if not an extensive, reputation by his very learned work on Estates for Life." — Jurist, No. 532. Jcrvis' Practical Treatise on the OflSce and Duties of Coroners. With Forms and Precedents. By John Jervis, Esq. (now Lord Chief Justice of Her Majesty's Court of Common Pleas). Second Edition. By W. N. Wblsby, Esq , Barrister-at-law, Recorder of Chester. In iamo. 1854. Price 10s. 6d. boards. STETENS AND NOETON. 13 Spence on the Equitable Jurisdictiou of the Court of Chancery. Comprising Equitable Estates and Interests; their Nature, Qualities, and Incidents j in which is incorporated, so far as relates to those subjects, the substance of " Haddock's Principles of the Court of Chancery." By George Spence, Esq., one of Her Majesty's Counsel. Vol. II. in royal 8vo. 1849. Price £2 2s. *«* Vol. I. mayle had, price £l Us. Gd. boards. "A mass of matter, cases, arguments, and discussion&, thrown together in a work of such bulk, is like a library containing as many different works as this contains cases. " . . . . presenting the authorities on each point in the ipsiisima verba of ju- dicial decisions ; but connAsting, modifying, approving or condemning them in his own words, nhich will be deservedly, considered of little less weight by the student than the dicta to which they relate. " Such is the variety of topics, subdivided into an almost infinite ramification of cases and points, into which the learned author is necessarily led ; — few writers, we apprehend, could be found sufficiently persevering to pursue every topic in such a list with the same untiring vigour, till each in its turn was exhausted, — few would have the learning, fewer still the resolution." — Law Magazine, No. 22. " We must far surpass the limits of an article were we to attempt to discuss, with any sort of completeness, the vast variety of subjects which Mr. Spence's second volume contains, — subjects treated by him with a fulness of detail indispensable in a book designed not only as a guide, pointing out to the student the great prin- ciples upon which the law in its complexities of actual business depends, and tracing the mutual connexion of those extensive provinces of Equity, with whose details he is expected to become familiar, but also as a storehause, from whose well arranged repositories the practising lawyer may readily furnish himself with the armour needed for the conflicts of the Bar." — Law Review, No. 22. " . . . . There remains a vast amount of valuable information, both theoretical and practical, upon topics not to be found in any of the recent treatises, which must be carried to the sole credit of Mr. Spence's own original and laborious inves- tigations; and from this results the peculiar character of the book, that it is at once trite and recherche, containing all the stock information on subjects within its scope which may be found in the current text-books, and superadded to these, the result of an experienced lawyer's researches in neglected paths, and re- sumes or criticisms (where criticism is called for) on the most recent decisions, doctrines, and innovations of the Court of Chancery. " A more dense mass of living law, available alike for study, reference, and prac- tice, has seldom been presented to the Profession." — Jurist. " . . . . The reader, however, will be surprised at the mass of information which it contains; all the principal branches of learning are explored. " . . . . There never was less bookmaking in any book than in this.''^— Law Magazine, N.S., No. 8. " .... A work which promises to be one of the most learned and philoso- phical treatises on the largest branch of British Jurisprudence which our language has produced." — Law Times. Littleton's Tenures. Littleton's Tenures in English. A new Edition, corrected, handsomely printed in a very small pocket volume. 1845. Price 6*. boards. 14 LiW BOOKS PUBLISHED BT ' Bowyer's Commentaries on Universal Public Law. By Geokgb Bowyer, Esq., M.P.,D.C.L., Barrister-at-law. In royal 8vo. 1854. Price 21s. cloth. "Mr. Bowyer has laboriously won his reputation ■ as a profound Civilian, a critical Canonist, and an industrious investigator of Foreign and European Law. His ' Commentaries on the British Constitution ' have been transiated or reprinted in every country where our Constitution is an object of study, aud are received as the standard work upon this great topic. He has made accurate surveys of law in its separate departments ; he now sits down to draw a general map of the whole. The result is a work wonderful in its erudition. The author's industry appears to have spread itself over every province of modem and ancient learning." — Morning Chronicle, April 15, 1854. Bowyer's Commentaries on the Modern Civil Law. CominentarieB on the Modern Civil Law. By G. Bowyeb, Esq., D.C.L. In royal 8vo. 1848. Price 18s. cloth. • Bowyer's Commentaries on the Constitutional Law of England. Commentaries on the Constitutional Lav7 of England. By George Bowyer, D.C.L. Second Edition. In royal 8vo. 1846. Price £1 2s. cloth. " We have now a full exposition of the machine of State in its working order. The work is now worthy of the very high position to which it aspires, that of being the standard work to which appeal shall be made upon all doubtful constitutional points. It was greatly wanted and has been well executed." — Atlas. Foster on Scire Facias. A Treatise on the Writ of Scire Facias ; with an Appendix of References to Forms. By Thomas Campbell Foster, Esq., of the Middle Tem- ple, Barrister-at-law. In 8vo. 1851. Price 15s. boards. Part I. — Treats of the Writ as required to revive a judgment after a year and a day ; for demands arising after judgment in debt on bonds ; to levy residue of debt after eviction under an elegit ; ad rehabendum terram j when the writ not necessary. Part II. — When there is a new party to the suit. Against members of Joint- stock Companies; on Marriage of feme, plaintiff or defendant; in cases of Bank- ruptcy or Insolvency ; in case of death of plaintiff or defendant ; to recover future assets on judgment quando, &c. ; to certify Bill of Exceptions ; ad audiendum errores; against sheriff; in cases of outlawry. Part III. ---Where the writ is an original proceeding ; to repeal letters patent; to have execution of recognizances at Common Law ; on Recognizance of Special Bail ; on Recognizances of Bail in Error ; on Bond to the Crown ; on Inquests of Office, &c. Part IV. — Points of Pleading and Practice. Amendment. Wingrove Cooke on Agricultural Law. The Law and Practice of Agricultural Tenancies, with numerous Pre- cedents of Tenancy Agreements and Farming Leases ; and Culture Stipu- lations adapted to every circumstance of Cultivation, as settled hy the best agriculturists in the respective districts. By G. Wingrove Cooke, of the Middle Temple, Barrister-at-law, Author of a "Treatise on the Law relating to Rights of Common," &c., and one of the Assistant Tithe Com- missioners for Special Purposes. In 8vo. 1851. Price 18s. bds. STEVENS AND IfOHTOW. 15 Hill on Trustees. A Practical Treatise on the Law relating to Trustees, their Powers, Duties, Privileges, and Liabilities. By Jambs Hill, Esq., of the Inner Tenaple, Barrister^at-law, one of the Commissioners of Charities, and Fellow of New College, Oxford. In royal 8vo. 1845. Price £1 6s. bds. Laser's Companion and Diary. Containing a List of the EngUsh Bar, the London Attorneys, and the Country Attorneys, with their Town Agents, with the appointments and o£Sces held by the Country Attorneys, as corrected by themselves, forming a complete London and Provincial Law Directory ; also a Digest of the Practical Statutes of la.^ Session, including all the Acts altering the Pro- cedure in the Courts of Common Law and Chancery; Table of the Stamp Duties, with Annotations; Chancery Orders and Rules of Court ; an Alpha- betical Index to the Statutes, from 1 Geo. IV. to the present time ; useful Tables, &c. &c. Edited by W. F. Finlason, Esq., of the Middle Temple, Barrister- at-law. Editor of the Common Law Procedure Act. (Pub- lished Annually.) Price from 5s. to 10s. 6d. The (xorham Case. The Case of the Rev. 6. 0. Gorham, against The Bishop o! Exeter, as heard and determined by the Judicial Committee of H. M. Privy Council, on appeal from the Arches Court of Canterbury. By Edmund F. Moore, Esq., M.A., Barrister-at-law. In royal 8vo. 1852. Price 18s. cloth, lettered. Archbold's Law of Nisi Prins ; Comprising the Declarations, Pleadings, and Evidence, in Actions upon Bills of Exchange, Notes, Cheques, ice. Policies of Insurance in all Gases, and in Ejectment upon all Titles. In 2 vols. 12mo. 1845. Price £2 2s. boards. Jeremy's Annual Law Digest for 1854. An Analytical Digest of the Reports of Cases decided in the Courts of Common Law, Equity, &c., &c., in the year 1854. In continuation of the Annual Digest, by the late Henry Jeremy, Esq. By W. Tidd Pratt, of the Inner Temple, Barrister-at-law. In royal 8vo. Price 9s. boards. The Digest for previous years may still be had. Jekbmt's Digest and The Law Digest. — The Subscribers to the above Digests, and the Profession generally, are respectfully informed that, in consequence of the recent decision oftheConrtof Common Pleas in the case of Sweet v. Benninff, where it was held that there is a copyright in the marginal note of Reports, an arrangement has been made between the Proprietors whereby the two Digests will be incorporated. 16 LA.W BOOKS PTTBLI8HED BT Roscoe's Nisi Prias Evidence. Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius. Eighth Edition, with considerable additions. By E. Smirkb, Esq. In royal 12mo, 1851. Price £1 5s. boards. Cross' Treatise on the Law of Lien and Stoppage in Transitu. A Practical Treatise on the Law of Lien and Stoppage in Transitu, embracing a general and comprehensive Definition of these Important Rights as affecting Mercantile and Commercial Transactions, and afibiding a clear and explanatory View of the statutory and equitable operation of the former Doctrine in the Nature of Judgments, Crown Debts, Lis pendens, Equitable Mortgages, and Implied Trusts. By J. Ckoss, Esq., Barrister-at-law. In 8vo. 1840. Price 15*. boards. Tomlins' Law Dictionary; Explaining the Rise, Progress, and present State of the British Law ; defining and interpreting the Terms or Words of Art, and comprising also copious information on the subjects of Trade and Government. Fourth Edition, with extensive additions, embodying the whole of the recent alterations in the Law. By T. C. Granger, Esq. 2 vols. 4to. 1835. Published at £4 is., reduced to £1 10s. boards. Reeves' History of the English Law, From the Time of the Saxons to the End of the Reign of Elizaheth, with an Index to the whole work. 5 vols. 8vo. 1814-29. Notes of Cases in the Ecclesiastical and Maritime Courts, Comprising Reports of all Cases of importance in the Arches Court of Canterbury, the High Court of Admiralty, the Prerogative Court of Can- terbury, the Court of Peculiars of Canterbury, the Consistorial Courts of London and other Dioceses, the Court of Surrogates, the Dean and Chapter and Archidiaconal Courts, the Admiralty Court of the Cinque. Ports, the Court of the Master of the Faculties, &c., together with the Decisions of the Judicial Committee of the Privy Council on Appeal from the Superior Courts of both Provinces, and from the Court of Admiralty; containing all the Cases decided in the several above-named Courts, from Easter Term, 1841, to 1850. 7 vols. 8vo., calf. Shclford's Real Property Statutes. The Real Property Statutes passed in the Reigns of William IV. and Victoria, including Prescription, Limitation of Actions, Abolition of Fines &c.,and Judgment8,&c. With Copious Notes and Formsof Deeds. Corrected and enlarged with NewCases and Statutes. By Leonard Shklpord, Esq. Barrister-at-law. Sixth Edition. In one thick volume, royal 12mo. 1856. Price 25s. cloth. STETEN9 AND HOETON. 17 Bayley on Bills of Exchange. A Summary of the Law of Bills of Excbanj^e, Cash Bills, &c. Sixth Edition. By G. M. Dowdbswbll, Esq. 8vo. 1849. Price £1 2s. bds. Bright's Law of Dnsband and Wife. A Treatise on the Law of Husband and Wife, as respects Property. Partly founded upon Roper's Treatise, and comprising Jacob's Notes and Additions thereto. 2 vols, royal Svo. 1849. Published at £2 10s., reduced to £1 10s. bds. Clark's Colonial Law. A Summary of Colonial Law, and Practice of Appeals from the Planta- tions. Svo. 1834. Price £1 4s. bds. Stewart's (J.) and Prendergast's (H.) 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With an Appendix, containing the principal Statutes, &c., &c. Royal Svo. 1847. Price £1 10s. bds. 18 IiA.W BOOKS PTTBLISHBD BT England, Lairs of. Blackstone's (Sir W.) Commentaries on the Laws of England, by Chitty. Twenty-first Edition. By Hargravb, Sweet, Cooch, and Welsby. 4 vols. 8vo. 1844. Published at £3 3*., reduced to £1 5s. bds. Vattel's Law of Nations. The Law of Nations ; or. Principles of the Law of Nature, applied to the Conduct and Affairs of Nations and Sovereigns. From the French. A New Edition. By Joseph Chitty, Esq. Royal 8vo. 1834. Price £1 Is. bds. Tapping on Mandamus. The Law and Practice of the High Prerogative Writ of Mandamus as it obtains both in England and Ireland. Royal 8 vo. 1848. Price £1 1«. bds. Fearne on Remainders, An Essay on the Learning of Contingent Remainders and Executory Devises. Tenth Edition ; containing the Notes, Cases, and other matter added to the former Editions. By C. Buti,br. With an Original View of Executory Interests in Real and Personal Property; comprising the Points deducible from the Cases stated in the Treatise of Fearne, as well as Statements of, and the Conclusions from. Three Hundred additional Cases; together with References to numerous other Decisions, and so connected with the Text of Fearne as to form a body of Notes thereto. By JosiAH W. Smith, B.C.L. Two Vols. Royal 8vo. 1844. Published at £2 4s., reduced to £1 5s. bds. Fawcett's Criminal Justice Act, 1855. The Criminal Justice Act, 18 & 19 Vict. c. 126, with short Notes and Forms. By John Fawoett, Esq., Barrister-at-law. In 12mo. 1855. Price Is. 6d. sewed. • Reddie's Inquiries in the Science of Law. By James Reddie, Esq. Second Edition, enlarged. In 8vo. 1847. Price 12s. cloth. nildyard on Marine Insurance. A Treatise on the Principles of the Law of Marine Insurances. In Two Parts. I. On the Contract itself, between the Assured and the Assurer. II. Of the Causes which vacate the Contract. 2. In what Cases the Assured is entitled to recover back the Consideration paid by him. 3, and lastly. What is the Remedy provided by the Law for either Party against the other. Royal 8vo. 1845. Price £1 10«. bds. STEVENS AND NOBTON. 19 Sanuders on Pleading and Evidence in Civil Actions. — Second Edition. The Law of Pleading and Evidence in Civil Actions, arranged alpha- betically ; with Practical Forms, and the Pleading and Evidence necessary to support them. By J. S. Saunders, Esq. Second Edition, much en- larged, by Robert Lush, of Gray's Inn, Esq., Barrister-at-law. In 2 vols. 8vo. 1851. Published at £3 13«. 6d., reduced to £2, cloth. Roper's Legacies. — Fourth Edition. Treatise on the Law of Legacies. By R. S. D. Roper, Esq. Fourth Edition. By H. H. White. 2 vols, royal 8vo. 1847. Price £3 3s. boards. Watson's Office and Duty of Sheriff. — Second Edition. A Practical Treatise on the Office of Sheriff; comprising the whole of the Duties, Remuneration, and Liabilities of Sheriffs in the Execution and Return of Writs, and in the Election of Knights of the Shire. By William Henuy Watson, Esq., one of Her Majesty's Counsel. Second Edition. By W. N. Welsby, Esq., of the Middle Temple, Barrister-at-law. 8vo. 1848. Price £1 4s. cloth. Eqnity Precedents. Equity Precedents, comprising Bills^ Petitions and Answers, adapted to the Orders of May, 1845, with Notes on Pleading and Evidence. By R. Whitworth, Esq. 8vo. 1848. Price £1 2«. boards. Park's Marine Insnrance. — Eighth Edition. System flf Marine Insurances, with Three Chapters on Bottomry ; on Insurances on Lives; and on Insurances against Fire. By the late Mr. Justice Park. Eighth Edition, with considerable Additions. By Francis Hildyard, M.A. 2 vols, royal 8vo, 1S42. Price £2 boards. Watson on Awards. — Third Edition. 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A Selection of Leading Cases on Mercantile Law. "With JSTotes. By O. D. TUDOE, Esq., Barrister-at-Law. Coleman's Chancery Costs. Bills of Costs in Chancery of Plaintiff and Defendant : also, Costs on Administration Summons at Chambers, Claim, and other proceedings, in conformity with recent Orders. By E. COLEMAN. Second Edition. In royal 12mo. The English Constitution in the Reign of Charles II. By A. AMOS, Esq., Downing Professor of the Laws of England in the Utxiversity of Cambridge. 32 LAW BOOKS PTTBLISHED BT DAMELI/S CHANCERY PRACTICE — NEW EDITION. By HEADLAM. The Practice of the Court of Chancery. Third Edition, with consider- able alterations, incorporating the Statutes,- Cases and Orders to the present time. By T. E. Hbadlam, Esa., M.P., one of Her Majesty's Counsel. In 2 vols. 8vo. Price £2 2«. cloth. (Now ready.) Thring's Joint Stock Companies Act, 1856. The Joint Stock Companies Act, 1856 ; with an Introduction, Practical Notes, and an Appendix of Forms. 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Chitty's Collection of Statutes of Practical Utility; With Notes thereon ; intended as a Circuit and Court Companion. The Second Edition, containing all the Statutes of Practical Utility in the Civil and Criminal Administration of Justice to the Present Time. By W. N. Welsby and Edward Bbavan, Esqs., Barristers-at-law! In 4 very thick vols, royal 8vo. 1851-54. Price £8 8s. cloth. " We could not say more for this great work by any words of approbation than by this short description of it. It is an,admirable design admirablv executed " Law Times, May 12, 1855. *j,* In the Detate on the proposed consolidation of the Statutes, on the 9th of Feb- ruary, 1 854, Lord Campbell said " that the Statutes at Large extended to about 50 Volumes folio, but all the Statutes which were usually required by lawyers for refer- ence might be found in three octavo volumes, compiled by his learned friend Mr. Welsby. When he (Lord Campbell) was upon the Bench, he always had this work by him, aud no statutes were everreferred to by the Bar, which he could not find in it." The Annual Sdppi-ements containing the Statutes of 1854, J 855, & 1856 bv E. Beavan, Esq. Price £1 5s. sewed.— To be continued shortly after the close of each Session. EORMS BILLS OF COSTS IJST CHANCERY, THE HIGHER AND LOWER SCALES, FRAMED WITH SPECIAL REGARD TO THE GENERAL ORDER OF COURT OF THE SOth JANUARY, 1857; WITH RULES FOR THE PREPARATION OF BILLS OF COSTS ON THE NEW SCALES, THE GENERAL ORDER OF COURT, AN INDEX. BY HENRY JARMAN, AUTHOR OF " THE NEW CHANCER.Y PRACTICE.' LONDON : W. MAXWELL, 32, BELL YARD, LINCOLN'S* INN ; H. SWEET, 3, CHANCERY LANE; STEVENS & NORTON, 26, BELL YARD, LINCOLN'S INN ; 3Lais WaaiszVkvs ant i^uiilie^ne. 1857. ^(o^e^X LONDON: PRINTED BY C. ROWOHTH AND SONS, BELL YARD, TEMPLE BAR. fi? Ap PEEFACE. The alterations in "the Allowances to Solicitors and in the Fees of Court, effected by the General Order of Court of the 30th January, 1857, are so extensive as to render useless to the Practitioner any Forms of Costs hitherto published. An entirely new feature in Chancery Practice is introduced by this Order, viz., the recog- nition of two Scales of Fees and Charges, regulated by the amount in question in each cause or matter before the Court; which practice, though long known at Common Law, has never, until now, been adopted in Chancery. By reason of these changes, some such Hand-Book as the present has become not merely a matter of convenience, but an absolute necessity; and, with that conviction, the following pages have been compiled. CONTENTS. Rules for preparing Bills of Costs on the New Scales PlaintiflF's Costs of Suit by Bill . . Defendant's Costs of Suit by Bill Plaintiff's Costs of Suit by Claim Defendant's Costs of Suit by Claim Plaintiff 's Costs of Suit by Summons Defendant's Costs of Suit by Summons Receiver's or Consignee's Costs . . Plaintiff's Costs on appointment of Receiver or Con signee, and passing his first Account Defendant's Costs on appointment of Receiver or Con' signee, and passing his first Account. See Note. Costs of Appeal — Appellant's Costs Respondent's Costs Costs of a Special Case — Plaintiff's Costs Defendant's Costs Costs in the Master's Office Costs of a Special Petition — Petitioner's Costs Respondent's Costs Costs of a Creditor's Claim APPENDIX— Order of Court, 30th January, 1857 INDEX PAGE 1 4 31 42 48 51 54 55 59 61 62 64 65 69 70 71 72 72 . 73 . 87 FORMS BILLS OF COSTS UST.CHANCEET, ON THE HIGHER AND LOWER SCALES, Framed with SpEci^ii Regard to the General Order OF Court of 30th January, 1857. RULES . (which may be specially noticed) To be generally observed in the Preparation of Bills OP Costs in Chancery on the New Scales. The Chancery FoUo is to be 72 words, and the sheet 10 folios. Drawmg Documents.— The fee for drawing a document in all cases includes a copy, if required, for the use of the solicitor or client, or for the settlement of counsel. Perusing Documents. — The fees for perusal are not to apply where the same solicitor is for both parties. The fees for perusal are in substitution for the former chai-ge for " abbreviating," which is now to cease. Copies of all documents are to be at the rate of id. per folio, or 3s. 4rf. per sheet of 10 folios. No close copies are to be allowed as of course, but the allowance is to depend on the pro- priety of making the copy, which in each case is to be shown and considered. RULES. Notices ofMotion.'\ f Charge U. for. each copy on either Orders . . . .\ to serve. J scale, or 4d. per folio on the higher Certificates . . .J [scale only. Notices generally. — For any necessary or proper notice not particularly specified, 2s. Qd. is allowed on either scale. The fees for notices and services are not to apply where the same solicitor ia for both parties, unless it be necessary for the purpose of making affidavit of service. Settling Minutes and passing Decrees or Orders.— Where there is unusual difficulty in settling and passing an order, the Registrar may certify that a special allowance ought to be made in respect thereof, and the Taxing Master is to consider the same, and make such allowance to all or any of the parties as to him shall seem just. 'There is to be one no^eon^y of settling minutes and one notice of passing decree or order, which, i^ necessary, are to be continued by adjournment, of which all parties are to take notice. Consents. — The fees for consents are not to apply where the same soli- citor is for both parties. Term Fee . . . Letters . . . . Postages . . . Carriage of Par- cels . . . , In addition to the term fee, the necessary ex- pense of the postage, carriage and transmis- " sion of documents is to be allowed. The like term fee and for letters is to be allowed in matters as in causes. In country agency causes, besides the ordinary term fee and letters, a farther fee of 6s. 8d. on the higher scale only is allowed. And if it be shown to the satisfaction of the Taxing Master that the agency correspondence has been special and extensive, he is at liberty to make a special allowance in respect thereof. Where no proceeding is taken which carries a term fee, a charge for letters may be allowed, if the circumstances shall require it. RULES. Affidavits . Affirmations Declarations Attestations Honour . upon for the purpose of receiving dividends from the ■ Accountant-Generalj may be sworn or taken at the Record and Writ Office without fee. Bills . . . Answers . . Examinations Affidavits . Petitions When the higher scale is applicable, in lieu of the fixed fees for instructions for and for drawing, the Taxing Master is at liberty to take into con- sideration the special circumstances of each case, and at his discretion to make such allowances for work, labour and expenses, properly performed and incurred in or about the preparation of the bill or answer, examination, affidavit or petition, as shall appear to him to be just, having regard to the length of the document, the nature of the suit, the interests of the parties, and the fund or person ^ ii-om which or by whom the costs are to be paid. Generally. — For ar^ work or labour properly performed, and not by the General Order of 30th January, 1857, pro- vided for, such allowances are to be made as here- tofore. b2 ( 4 ) PLAINTIFF'S COSTS OF SUIT BY BILL. In Chancery. Between A. B Plaintiff, and • C. D. and E. F Defendants. The Bill of Costs of the Plaintiff, to be taxed pursuant to decree [or " order"] dated the day of , 1857. Hilary Term. Higher Scale. Lower Scale. £ s. d. £ t. d. Instructions for bill .. .. ..220 13 4 Drawing same, folios 50 \at Is. 'per folio] 2 10 2 10 [When the larger scale is applicahle, in lieu of the fixed fees for instructions for and for drawing, the taxing master is at liberty to take into consideration the special circumstances of each case, and at his discretion to make such allowance for work, labour and expenses, properly performed and incurred in or about the preparation of the bill, as shall appear to him to be just, having regard to the length of the document, the nature of the suit, the interests of the parties, and the fund or person from which or by whom the costs are to be paid.] Fee to Mr. —■ — to settle and sign, and clerk 356 356 [The fee for drawing a document in all cases includes a copy, if req^uired, for the use of the solicitor or client, or for the settlement of counsel.] Attending him Copy for printer \at Ad, per folio] Attending him Correcting proof sheet [at 2d. per folio] . . ' Paid printer's bill [As paid, but deducting any copies paid for by defendants.] 6 8 6 8 16 8 16 8 6 8 6 8 8 4 8 4 PLAINTIFFS COSTS OF SUIT BY BILL. Higher Scale. Lower Scale. £ s. d. £ o. d. Certifying proceeding under lower scale of 13 4 6 8] 1 10 10 2 6 8 6 8 6 [If suit instituted by next friend, charge the following item — Attending to obtain consent of next friend to sue in his name . . Paid filing bill [or information] . . Paid marking two copies for service Attending to get same marked Service of one^opy on defendant CD. . . [Such reasonable charges and expenses as may be properly incurred, according to distance, or by the employment of an agent] Writing agent at Leeds, with copy for ser- vice on defendant E. F. . . ..036 036 Paid postage Paid his charges . . Interrogatories. Instructions for interrogatories for exami- nation of defendants * 13 4 6 8 Drawing same, and fair copy, folios 35 [at Is. per folio] 1 15 1 15 Fee to Mr. to settle and sign, and clerk Attending him Engrossing [at Gd. per folio] One partial copy for defendant C. D., folios 20 [at id. per folio] One full copy for defendant E. F. Paid examining and marking same as office copies Attending . . Service thereof respectively [Date] Attending summons for further time to answer, when a fortnight was granted, costs to be costs in the cause . . Term fee . . 2 4 6 2 4 6 6 8 6 8 17 6 17 6 6 8 6 8 10 10 10 d 2 6 8 6 8 5 5 6 8 6 8 10 10 6 plaintiff's costs of suit by bill. Higher Scale. Lower Scale, «£ 1. d. £ s. d. Letters 050 050 [In country agency causes (on the higher scale only) the further fee for letters of 6s. 8d. ; and if it be shown to the satis- faction of the taxing master that the agency correspondence has been special and extensive, he is to be at liberty to make a special allowance in respect thereof. In addition to the term fee, the necessary expense of the postage, carriage and transmission of documents is to be aiUowed. « Where no proceeding is taken which carries a term fee, a charge for letters may be allowed, if the circumstances shall require it,] Easter Tbhm. Attending to give consent to take answer without oath, the order being obtained by defendant's solicitor .. .. ..068 068 Paid for office copy answer of defendant C. D., folios 40 . . .. .. .. 13 4 13 4 Perusing same 13 4 068 [If exceeding 40 folios, charge id, per folio on the higher scale only.] Paid for office copy answer of defendant E. P., folios 60 ..100 100 Perusing same [as above]. Amendments, Instructions to amend bill 13 4 068 Drawing amendments and fair copy, folios 10 . . Fee to counsel to settle and sign, and clerk Attending him Drawing and engrossing petition for leave to amend . . Attending to present and for order Paid thereon [If the order be obtained on summons at chambers, charge summons and order, and affidavit when required, as in other cases.] Two copies of order for ^rvice [Is. each] Service thereof 10 10 1 3 6 1 3 6 6 8 6 8 4 4 13 4 6 8 5 1 2 2 5 5 £ s. d. £ s. d. 10 10 16 8 13 4 plaintiff's costs of suit by bill. 7 Higher Scale. Lower Scale. Paid fee on amending Amending two copies of bill for service . , [When there is no reprint, 13s. id. is also allowed for amending each brief on the higher scale, and 6s. 8d. on the lower scale.] Attending to get the same marked ..068 068 Paid 10 020 » Interrogatories to Amended Bill. Instructions for interrogatories . . . . 13 4 6 8 Drawing same and fair copy, folios 10 {at Is. per foil 10 Engrossing . . . . . . . . ..05 One copy for defendant E. F. to answer ..03 Paid marking as office copy . . ..05 Attending . . . . . . . . ..06 Service thereof . . . . . . ..02 Paid for office copy answer to amended bill, folios 15 5 Perusing same . . • . . . . . . 13 [If exceeding 40 folios, charge id. per folio on the higher scale only.] Term fee and letters [as eooplained ante, see Hilary Term]. Trinity Term. Exceptions for Insufficiency. Instructions for exceptions to answer of defendant E. F. for insufficiency . . 13 4 13 4 Drawing exceptions and fair copy, folios 12 [at Is. per folio] . . Fee to counsel to settle and sign, and clerk Attending him Fair copy to file [at 4d. per folio] Notice of filing . . . . . . ^ . . Paid for certificate of Record and Writ Clerk 10 5 4 3 4 1 8 6 8 6 2 6 5 4 6 8 12 12 1 3 6 1 3 6 6 8 6 8 4 4 2 6 2 6 4 4 & s. d. £ s. d. 6 8 6 8 2 6 2 6 6 8 6 8 3 5 6 3 5 6 8 plaintiff's costs of suit by bill. Higher Scale. Lower Scale. Attending to set down exceptions . , - . Notice thereof Copy answer for the judge [d< 4flJ. 'per foli6\. The like of exceptions \ditto\. Attending counsel with brief . . His fee and clerk . . \I>ate\ Attending court, exceptions argued ' and allowed 13 4 13 4 Attending Registrar with brief and papers to bespeak minutes of order . . ..068 068 [Allowed in every case where order is not of course.] Notice to settle minutes 026 026 Attending settling .. 13 4 068 [Or, at the Taxing Master's discretion, not to exceed ... .. ..330 110] Preparing list of evidence read \only when required hy registrar and certified' by him] ' .."..068 068 [Or on the higher scale only at Is. per folio.] Paid for order Notice of passing . . . -. Attending passing. . [The registrar will leave it for entry.] Paid for copy farther answer of defendant E. F., folios 20 068 068 Perusing same [as ante, p. 6]. Term fee and letters [as explained ante, see Hilary Term]. Motion for Injunction and Meceiver. brawiiig notice of motion for an injunction and receiver [at Is. per folio] . . ..050 020 Two copies for service on defendant's soli- citor [Is. each] 020 020 [Or if long, at id. per folio on the higher scale only.] Two services V Instructions for affidavit in support 10 10 2 6 2 6 13 4. 6 8 5 5 6 8 6 8 plaintiff's costs of suit by bill. Higher Scale. Lower Scale. £ s. d. £ s. d. 2 2 Drawing same, folios 40 [at Is. per folio] [When the larger scale is applicahle, in lieu of the fixed fees for instructions and for drawing, the taxing master is at liberty to take into consideration the special circumstances of each case, and at his discretion to make such allow- . ances for work, labour and expenses pro- perly performed and incurred in or about the preparation of the affidavit, as shall appear to him to be just, having regard to the length of the document, the na- ture of the suit, the interests of the parties, and the fund or person &om which or by whom the costs are to be paid.] • Engrossing 13 4 13 4 [Preparing exhibits, at Is. each exhibit, on either scale.] Attending deponent to be sworn . . Paid oath and filing ■Paid for office copy . . . . . . Notice to two solicitors of filing affidavit [or set of affidavits filed, or which ought properly to have been filed, together] . . Instructions for brief . . [This may be charged on service of a notice of motion for an injunction.] Two brief copies of answer for counsel [3«. 4:d. per sheet of \Q folios] . . The like of affidavit, 4 sheets each The like of notice of motion Paid for copy affidavit in opposition, folios 15 Perusing \at per folio'] [This is allowed for all special affidavits * filed by an opposing party.] Two brief copies for counsel, 2 sheets each 13 4 13 4 [If oral testimony is used, charge accord- ingly. See charges for evidence for the hearing.] Fee to Mr. to move, and clerk Attending him ...068 068 The like to Mr. and clerk . . 6 8 6 8 4 4 13 4 13 4 5 5 1 1 13 4 1 6 8 1 6 8 2 2 5 5 4 4 10 plaintiff's costs of suit by bill. Higher Scale. Lower Scale. £ s. d. £ s. d. Attending him 068 068 [On the higher scale only, when the fee amounts to 5 guineas, the attendance on each counsel will be 13s. 4d. ; where 20 guineas, \l. \s.; where 40 guineas or upwards, 22. 2s.] [Date] Attending court, motion not made 13 4 6 8 [Ifate] Attending court, motion made and order granted .. .. .. ..110 13 4 [Or on the higher scale only, according to circumstances, not to exceed 21. 2s. per diem. For every other special motion (except for a ne exeat regno, which stands on the same footing as a motion for an injunc- tion, and except a motion for a decree, which is treated as the hearing of a cause) the charges will be, — Attending court, motion not made . . 13 4 6 8 The like when heard 13 4 13 4 Or, on the higher scale only, according to •circumstances, not to exceed 11. Is. per diem.] Attending registrar with brief and papers to bespeak minutes of order . . ..068 -068 [Allowed where the order is not of course.] Notice of settling minutes 026 026 Attending settling ., .. .. ..0 13 4 068 [Or, at the taxing master's discretion, not to exceed 330 110] Preparing list of evidence read [pnlywhen required hy registrar, and certified hy **»»] 068 068 [Or, at 1«. per folio, on the higher scale only.] Paid for order . . , . . . . . 1 Notice of passing . . . . . . . , Attending passing . . . . . . . . [The registrar will leave it for entry. In case the registrar shall certify that a special allowance ought to be made in respect of any unusual difficulty in set- tling and passing an order, the taxing master is to consider the same, and make 10 2 6 2 6 3 4 6 8 plaintiff's costs of suit By BILL. 11 Higher Scale. Lower Scale. £ s. d. £ s. d. such allowance to all or any of the par- ties as to him shall seem just. There is to be one notice only of setUing minutes, and one notice of passing de- cree or order, which, if necessary, are to be continued by adjournment, of which all parties are to take notice. For appointment of receiver, seejiost^ Preparing injunction .. .. ..100 10 [Or Is. id. per folio. This includes the engrossment and docket.] Paid parchment Paid sealing 100 100 Copy injunction for service [at Ad. per folio] Service thereof 10 10 Motion for Decree or Decretal Order. Drawing notice of motion for decree [or de- cretal order] 050 020 [Or, if long, charge 1*. per folio.] Two fair copies for service. . .. ..020 020 [Or at id. per folio, on the higher scale - only.] Service thereof 050 050 Instructions for affidavit of plaintiff in support .. .. .. .. .,068 068 Drawing same, folios 20 100 100 Engrossing 068 068 Preparing exhibits {\s, each, on either scaU] Attending him to be sworn . . ..068 068 Paid oath and exhibits .Paid filing 026 026 Paid for office copy 068 068 Instructions for affidavit of M. N. in support . . [Similar charges to the above.] Notice to two solicitors of filing two affi- davits 050 050 Higher Scale. A .. d. Lower Scale. 4 2 8 4 2 8 6 4 8 4 6 8 6 8 6 8 110 1 1 12 piaintiff's costs of suit by bill. Paid for copy affidavit of defendant E. in opposition, folios 12 . . The like of O. P. his witness, folios 8 [Charge affidavits in reply, if any.] Perusing affidavits \at per folio] . . Attending to set down motion Attending defendant's solicitor to procure consent to cause being heard as short ..068 068 Attending counsel for certificate to mark cause short, and attending registrar thereon . . Instructions for brief [See note, p. I*, as to this item.] Amending two copies of bill for counsel, the bill having been amended without a reprint 168 13 4 [13s. id. each on the higher scale, and 6s. Sd. each on the lower.] Two brief copies answers for. counsel, 9 sheets each, without schedules . . Drawing observations to accompany brief, 2 sheets . . Two fair copies for counsel The like of affidavits, 6 sheets each The like of notice of motion [If oral testimony is used, charge it ac- cording to items- given for evidence on the hearing.] Fee to Mr. and clerk, with brief. . . Attending him Fee to Mr. and clerk Attending him [The fees for attending counsel to be charged according to scale, as shown ante, in the case of a Motion for an Injunction.] Term fee and letters [as explained, ante, see Hilary Term]. 13 4 13 4 2 2 2 2 6 8 6 8 10 6 8 1 1 13 4 plaintiff s costs of suit by bill. 13 Hilary Term. Higher Scale. Lower Scale., £ ». (i. £ s. d. Attending to leave papers with judge's secretary . . [Date] Attending court, cause in paper, but not called on [Date] The like, cause heard and decree made [Or, on the higher scale only, according to circumstances, not to exceed 21. 2s. per diem.] Attending registrar, with brief and papers, to bespeak minutes .. .. ..068 068 [Allowed in every case where the order is not of course.] Preparing list of evidence read [only rohen required hy registrar, and certified hy him] 06 8- 068 [Or according to length, on the higher scale only, at Is. per folio.] Notice of settling minutes to two solicitors [2s. 6d. each] Attending settling . . [Or, at the taxing master's discretion, not to exceed Paid for decree Notice of passing to two solicitors Attending passing . . [The registaar will leave it for entry. In case tnB registrar shall certify that a special allowance ought to be made in respect of any unusual di£5culty in set- tling and passing an order, the taxing master is to consider the same, and make such allowance to all or any of the par- ties as to him shall seem just. There is to be one notice only of settling minutes, and one notice of passing de- cree or order, which, if necessary, are to be continued by adjournment, of which all parties are to take notice. Or, instead of a motion for decree or de- cretal order, the course may be as fol- lows ; — ] 5 5 13 4 6 8 3 3 1 1 0] 3 1 5 5 13 4 6 8 5 5 6 8 6 8 5 5 1 1 2 6 2 6 1 1 1 1 14 plaintiff's costs of suit by bill. Meplication. Higher Scale, lower Scale. £ <,. d. £ o. d- Instructions for drawing and engrossing replication 10 068 Notice of filing to two solicitors in the cause Preparing subpoena to hear judgment, and attending to get same sealed Paid Copy for service . . Service thereof Instructions for brief [This fee is allowed on service of notice of motion for decree, or on service of subpcena to hear judgment] Evidence for the Searing. Drawing notice requiring evidence to be taken orally ..020 020 Two copies and services .. .. ..050 050 Attending examiner for appointment to proceed in examination of witnesses ..068 068 Praecipe for subpoena ad test., and attend- ing to get same sealed {if the number of names therein shall not exceed three'] 6 8 6 8 [If exceeding three, for every additional number not exceeding three ..068 068] Paid sealing subpoena .. .. ..050 050 [The solicitor's fee for every subpoena duces tecum is .. .. ..068 068 And for preparing every other writ without order 068 068 For every writ under order, except special injunction 13 4 13 4] Copy and personal service of subpoena, and notice of appointment on witness, G. H. 10 10 [Or such reasonable charges and ex- penses as may be properly incurred ac- cording to distance, or by the employ- ment of an agent] plaintiff's costs of suit by bill. 15 [igher Scale. Lower Scale. £ s. d. £ s. d, 110 110 10 10 1 10 8 6 8 6 • 3 5 6 8 6 8 Paid him therewith The like on I. J [Or accordin g to notesupraS] Paid him therewith 10 10 Drawing brief to counsel to attend appoint- ment and examine witnesses, 3 sheets . . L Fair copy 10 Attending him therewith . . , . ..06 His fee and clerk . . . . . . ..35 Attending e.\aminer for appointment ..06 l^Date] Attending appc^ntment, when two witnesses were examined . . . . 13 4 6 8 [Or according to circumstances, not to exceed per diem .. .. ..220 110 But if without counsel, the fee may, at the master's discretion, be in- creased to 330 22 0] Preparing summons to enlarge the time for closing evidence, and attending to get it sealed Paid for same Copy to leave at chambers Two copies for service . . . . . . Service thereof [Date] Attending same, order made ex- tending time for ten days Attending for order and to get same entered Paid stamp . . Two copies of ord^ for service . . [Or if long, at id. per folio on the higher scale only.] Two services .. .. .- ..050-050 The defendant requiring to cross-examine plaintiffs witness, attending examiner appointing time for his cross-examina- tion 068 068 [Date] Attending witness arranging for his attendance 068 068 Notice to defendant's solicitor thereof ..026 026 6 8 6 8 3 1 2 2 4 4 5 5 6 8 6 8 6 8 6 8 5 1 2 2 16 plaintiff's costs of suit by bill. Higher Scale. Lower Scale. £ s. d. £ *. d. [Date] Attending when witness was cross- examined and re-examined . . ..068 068 [Date] Attending examination of defend- ant's witnesses and cross-examining them, engaged three hours .. .. ..100 100 [If by counsel, charge his brief.] Paid examiner's fees [These will be according to circumstances, as follows : — , For'every witness sworn and exa- mined, including oath, for each hour 5 5 For every witness sworn and exa- mined away from the office (besides coach-hire and reasonable expenses) 17 17 If more than five miles from exa- miner's office, for the first day . . 2 15 2 15 For every other day 220 220 Upon every application to inspect depositions, including the inspection 3 3 Upon every application to inspect book for causes, including search ..010 010 Upon every application to inspect bookfordepositions,ineludingsearch 10 10] Setting down Cause. Paid for certificate to set down cause . . Attending for same . . . . . . . . Attending to set down cause . . . . Attending defendant's solicitor for consent to cause being heard as short . , ..068 068 Attending counsel for certificate to mark cause short and attending registrar thereon 068 068 Abatement or Settlement of Suit. Attending registrar to certify abatement or settlement of suit, and to have same so marked in cause book .. ..068 068 4 4 6 8 6 8 6 8 6 8 13 4 6 8 5 1 1 1 plaintiff's costsof suit by bill. 17 Michaelmas Term. Revivor and Supplement, or Adding Parties. Higher Scale. Lower Scale. £ o. d. £ s. d. Instructions for order to revive or add parties 13 4 068 Drawing statement on which counsel to move, and copy 10 6 8 [Or according to circumstances, at 6s. Sd. per sheet on the higher scale only.] His fee and clerk 10 6 ,0 10 6 [ If by petition, drawing petition to revive, Is. per folio ; attending to present, ISs. id.— 6s. 8d.] Attending him and court, and to draw up order Paid for order Copy for service [Or if long, at id. per folio on the higher scale only.] Personal service thereof . . . . . . 10 10 [If a supplemental bill be necessary, charge instructions for same, ISs. id. — 6s. Sd., and the other charges as on an original bill. If a supplemental statement be filed, charge — ^instructions, 13s. id. — 6s. Sd. ; and drawing, settlement by counsel, en- grossing, filing, copies for service, and service, as in the case of a supplemental bill ; and filing supplemental state- ment, 10s. — Ss.] Sriefs. Paid for office copy depositions of plain- tiff's witnesses, folios . . The like of defendant's witnesses . . Perusing same [at 4:d. per folio] .. Two brief copies for counsel, • sheets each [at 3s. M. per sheet of 10 folios] . . Two brief copies answers for counsel, sheets each Drawing observations to accompany brief, 2 sheets 13 4 Two fair copies for counsel . . . . 13 4 Amending two copies of bill for counsel, the bill having been amended without a reprint [ISs. id., or 6s. 8d. each] ..168 13 4 £ s. d. e «. d. 5 10 5 10 2 9 6 2 9 6 6 8 6 8 3 5 6 3 5 6 6 8^ 6 8 1 3 6 1 3 6 6 8 6 8 18 plaintiff's costs of suit by bill. Higher Scale, lower Scale. Fee to Mr. with brief, and clerk Attending him His consultation fee and clerk Attending him Fee to Mr. with brief, and clerk . . Attending him His consultation fee and clerk Attending him [The fees for attending counsel with briefs will be regulated as shown ante, on Motion for Injunction.] Attending consultation . . . . . . 13 4 13 4 Hearing. Attending to leave papers with judge'ssecre- tary \_Date\ Attending court, cause in paper but not called on [Date] Attending court, cause heard and decree made [Or on the higher scale only, according to circumstances, not to exceed 21. 2s. per diem. Refresher fees will be charged if the hearing goes over to another term.] Attending for Accountant-General's cer- tificate of fund in court [if any fund to be dealt with] . . . . Attending registrar with brief and papers to bespeak minutes of decree .. Preparing list of evidence read [onlt/ when required by registrar and certified by **»»] 068 068 [Or on the higher scale only at Is. per folio.] Notice of settling minutes to two solicitors [2s. Qd. each] 050 050 Attending settling minutes . . . . 13 4 6 8 [Or at the taxing master's discretion, notto exceed 330 110] 6 8 6 8 10 6 8 1 1 13 4 6 8 6 8 6 8 6 8 plaintiff's costs of suit by bill. 1& Higher Scale. Lower Sci lie. £ s. d. £ ». d. 3 1 5 5 13 4 6 8 Paid for decree Notice of passing to two solicitors Attending passing [The registrar will leave it for entry. In case the registrar shall certify that a special allowance ought to be made in respect of any unusual difficulty in set- tling and passing an order, the taxing master is to consider the same, and make such allowance to all or any of the parties as to him shall seem just. There is to be one notice only of settling minutes, and one notice of passing de- cree or orders, w^ch, if necessary, are to be continued by adjournment, of which all parties are to take notice.] Enrolling Decree or Order. Enrolling decree or order . . ..100 10 [Or Is. id. per folio.] Paid examining and signing . . ..300 300 Term fee and letters \as explained ante, see Hilary Term]. Easter Term. The decree directing accounts and inquiries to be taken and made in chambers, and leasehold property to be sold with the approbation of the judge, copy order to certify and leave at chambers, folios 12 4 4 First Summons. Preparing summons to proceed in prosecu- tion of order, and . attending to get it sealed 068 068 [This is the fee allowed in every case where the summons does not originate a proceeding in chambers, unless it be of a special nature, when, on the higher scale only it may be increased to, but must not exceed \l. !«.] Paid for same Copy to leave at chambers c2 3 10 2 2 20 plaintiff's costs of suit by bill. Higher Scale. Lower Scale. £ s. d. & t. d. Two copies for service .. .. ..040 040 Service thereof 050 050 [Date] Attending sunnnionB when evi- dence and accounts were directed to be' brought in by plaintiff and defendant re- spectively ; an abstract to be laid before one of the conveyancing counsel for his opinion on the title to the property to be sold ; conditions of sale to be prepared and brought in ; an advertisement for creditors to issue ; and the appointment of a receiver ; and summons was ad- journed for three weeks .. .. ..068 068 [This is the charge, unless it be increased by the chief clerk, who will allow 13s. 4a/e] Attending summons, when the pro- posed guardian was appointed, and past, and future maintenance fixed . . ..068 068 [When there are other relatives not before the judge, they may be required to be served before any order, will be made.] 6 8 6 8 3 1 2 2 4 4 5 5 6 8 6 8 1 1 6 8 6 8 6 8 6 8 4 4 6 8 6 8 5 5 13 4 6 8 1 10 5 5* 13 4 6 8 26 plaintiff's costs of suit by bill. Higher Scale. Lower Scale. & a. d. & .. d. Notice to two solicitors of settling minutes of order drawn by registrar [2«. 6aie] Attending adjourned summons, when draft certificate was partially set- tled, and a further adjournment till to- morrow took place .. .. ..068 068 [Or whatever larger sum, not exceeding \l. Is., the chief clerk may allow, the judge having power to allow a further sum not exceeding 102. 10s.] Copy alterations made in draft, folios 4 . . 1 4 14 Attending adjourned summons this day, when the certificate was settled. . Engrossing certificate, fplios 24 . . Stamp [Date'] Attending adjourned summons, when certificate was signed by the chief clerk 068 068 Attending to bespeak and procure office copy certificate .. .. .. ..068 068 Setting down Cause for farther Directions. Drawing and engrossing petition to set down cause for further directions ..040 040 Attending to set down same and to draw up order Paid for order Two copies for service Service thereof 6 8 6 8 8 8 10 1 6 8 6 8 5 1 2 2 5 5 PLAINTIFF S COSTS OF SUIT BY BILL. 27 Setting down Cause for further Consideration. Higher Scale. Lower Scale. . £ s. d. £ .. d. Drawing request to set down cause for further consideration 040 040 Attending to set down same .. ,..0 6 8 6 8 Notice to two solicitors for defendants of cause being set down 050 050 [Insert charges for affidavit of service.] Sriefs. Drawing brief on further consideration, 3 sheets . . . . » . . Two fair copies for counsel Drawing observations to accompany, 2 sheets Two fair copies Paid fee to Mr. with brief, and clerk Attending him Paid fee to Mr. with brief, and clerk Attending him [The fee for attending counsel with hriefs will he regulated on the higher scale, as shown, ante, on Motion for an Injunc- tion, p. 10.] Fair copy decree for judge [at 4d. per folio on either scale^ . . The like of certificate [at 4d. per folio on either scalel . . . . . . Attending to leave papers with judge's secretary 068 068 Hearing. [Date"] Attending court, cause in paper but not called on 10 068 [_Date] Attending court, cause heard and order made, the money in court being directed to be paid out to the tiie parties entitled 110 13 4 [Or, on the higher scale only, according to circumstances, not to eKceed 21. 2s. per diem. Refresher fees will be charged if the hearing goes over to another term.] 1 1 1 1 Q 13 4 13 4 3 5 6 3 5 6 6 8 6 ft 2 4 6 2 4 6 6 8 6 8 5 5 13 4 6 8 3 3 1 1 0] 3 1 5 5 13 4 6 8 28 plaintiff's costs of suit by bill. Higher Scale. Lower Scale. £ ,. d. £ ». d. Attending for accountant-general's cer- tificate of fund in court [i/'wecessary] ..068 068 Attending registrar with brief and papers f to bespeak minutes .. .. ..068 068 Preparing list of evidence read [only when required hy registrar and certified by him] 068 068 [Or, on the higher scale only, at Is. per folio.] Notice of settling minutes to two solicitors [2s. 6d. each] Attending settling minutes [Or at the taxing master's discretion, not exceeding Paid for order Notice of passing to two solicitors Attending passing . , [The registrar will leave it for entry. In case the registrar shall certify that a special allowance ought to be made in respect of any unusual difficulty in set- tling and passing an order, the taxing master is to consider the same and make such allowance to all or any of the part^ as to him shall seem just. There is to he one notice only of settling minutes, and one notice of passing decree or order, which, if necessary, is to be continued^ by adjournment, of which all parties are to take notice.] Term fee and letters [as explained in Hilary Term at commencement of biW]. Trinity Term. Taxation of Costs. Copy order for the taxing master, folios 10 [at id. per folio] 034 034 Attending to mark master. . .. .,068 068 Drawing bill of costs and copy, folios 50 [at 8d. per folio] 1 13 4 1 13 4 Warrant on leaving 2 copies and services 8 6 [The warrant or summons on the higher scale is Se., and on the lower scale is. plaintiff's Costs of suit by bill. 29 Higher Scale. Lower Scale. ^ a. d. ^ s, d. The fee on sisning a report or corti- cate of costs is 12. on the higher scale, and 10s. on the lower scale. The ad val. duty payable on the costs as taxed is 10s. for every 202. or fractional part thereof on either scale. When the costs are payable out of a fund in court, no warrants or fees of taxation are paid by the solicitor, they being carried over by the accountant-general to the Suitor's Fee Fund under a Ge- neral Order of the court In other cases they will be charged.] Paid for copy costs of defendant C. D. folios 20 068 068 Warrant for defendant E. F. to bring in his costs, copy and service . . . . . . Paid for copy thereof, folios 20 . . . . Attending taxing plaintiff's costs. . ' . . 13 Thelike of defendant CD The like of defendant E. F Engrossing certificate . . . . . . Attending to file . . . . . . . . Paid for office copy Attending registrar for direction for sale of sufficient of the fund ip court to pay costs 0*6 8 068 Accountant- General. Attending accountant-general, bespeaking sale 068 068 Instructions for affidavit of residue and thirds 068 068 Drawing same, folios 3.. .. ..030 030 Engrossing 010 010 Attending to be sworn .. .. ..068 068 Paid oath and filing 040 040 Paid for office copy 010 010 Request to accountant-general to carry over cash or stock 026 026 Attending .068 068 Attending plaintiff, identifying him on his receiving the other third . . ..068 068 5 6 3 6 6 8 6 8 .3 4 13 4 6 8 6 8 6 8 6 8 2 2 6 8 6 8 30 plaintiff's costs of suit by bill. Higher Scale. Lower Scale. £ s. d. £ s. d. [If a power of attorney is necessary, charge as follows : — Drawing request for power to receive cheque payable to plaintiff . . ..026 026 Attending to bespeak and afterwards for same .. .. .. .. ..068 068 Paid 030 030 Writing therewith to get it executed and affidavit sworn .. .. .. ..036 036 Paid oath . . Paid agent's charges- in country [if any]. . Attending to get power stamped, and to lodge same at accountant-general's ..068 068 Paid stamp 1 10 1 10 0] [Upon every application for a search, the accountant-general's charge is 5s. on either scale,] Term fee and letters [as explained ante]. ( 31 ) DEFENDANT'S COSTS OF SUIT BY BILL. In Chancery. Between A. B Plaintiff, CD Defendant. The Bill of Costs of the Defendant to be taxed pursuant to decree dated the day of 1857. Hilary Term. Appearance. Higher Scale. Lower Scale. £ s. d. £ s. d. [Date] Instructions to defend . . . . 13 4 6 8 Instructions for appearance and attending to enter 068 068 [6s. %d. for one or more defendants not exceeding three, and if exceeding three, then for every additional number not exceeding three, an additional 6s, &d. on either sc^e.] Paid entering same .. .. ..070 070 [If more than three defendants, then for every number not exceeding three 7s.] Notice thereof 26 026 Perusing bill 110 110 [This fee is allowed on behalf of each de- fendant or set of defendants appearing by the same solicitor. But if exceeding 60 folios, at id. per folio, on the higher scale only.J , Demurrer. Instructions for demurrer . . . . . . 13 4 13 4 Drawing same, and fair copy, 10 folios [at Is. per folio] 10 10 Fee to counsel to settle and sign and clerk 13 6 13 6 Attending him 068 068 Engrossing [at 6d. per folio] 2 6 2 6 13 4 13 4 10 10 6 8 6 8 2 6 2 6 32 defendant's costs of suit by bill. Higher Scale. Lower Scale. £ s. d. £ «. d. Paid parchment Notice of filing [The plaintiff will set it down for argu- ment or submit thereto.] Plea. Instructions for plea Drawing same and fair copy, folios 10 [at Is. per folio] Fee to counsel to settle and sign and clerk Attending bim Engrossing [at 6d. perfolw] Paid parchment Notice of filing [The plaintiff will set it down for argu- ment or submit thereto.] Time to Answer. Preparing summons for time to answer and attending to get it sealed Paid for same Copy to leave at chambers Copy to serve Service thereof Attending same, when a fortnight was granted, the costs to be costs in the cause [If an affidavit is used in support of the summons, charge it, and notice of in- tention be read i but it is seldom required on a first application.] ' Attending for order, and to get same entered . . Paid stamp . . Copy for service Service thereof Answer. Instructions for answer Drawing same, and fair copy, folios 40 . . [When the larger scale is applicable, in lieu of the fixed fees for instructions for and for drawing, the taxing master 6 8 6 8 6 8 6 8 5 1 1 1 2 6 2 6 13 4 13 4 2 2 2 4 6 2 4 6 6 8 6 8 1 1 5 5 defendant's costs of suit by bill. 33 Higher Scale. Lower Scale. £ s. d. £ i. d. is at liberty to take into consideration the special circumstances of each case, anil at his discretion to make such allowances for work, labour and ex- penses properly performed and incurred in or about the preparation of the answer as shall appear to him to be just, having regard to the length of the document, the nature of the suit, the interests of the parties, 'and the fund or person from which or by whom the costs are to be paid.] Fee to Mr. to settle and sign, and clerk Attending him Engrossing [at Qd. per folio] Paid parchment Attending defendant to settle and after- wards reading over engrossment . . 13 4 6 8 [When it exceeds 20 folios and is under SO, \l. ]«. — 13s. id., and for every addi- tional 30 folios 6s. %d. — 6s. 8<2.] Attending him to be sworn . . ..068 068 Paid oath 016 016 [If filed without oath, charge petition of course and order tliereon, and Ss. Sd. — 6s. 8d. for attending for consent] Notice of filing 026 026 J Guardian ad Litem. [If the defendant is an infant or under disability the following charges may be applicable : — ] Drawing and engrossing petition for ap- pointment of guardian .. .. ..040 040 Instructions for affidavit of fitness of pro- posed guardian, and of no adverse in- terest 068 068 [Charge drawing, engrossing, &c. affida:vit in the usual way.] Attending to present petition and for order 13 Paid for order . . . . . . ..05 Copy for service . • . . . • ..01 4 6 8 1 1 34 defendant's costs of suit by bill.* Higher Scale. Lower Scale. £ I. i. & '• d. Service thereof 026 026 [If the appointment be made in open court, the following charges are appli- cable : — Drawing and copying certificate to appoint guardian ad litem 068 068 Attending court on appointment . . . . 13 4 13 4] [Add charges for drawing up order.] Exceptions for Insufficiency. Paid for copy exceptions, folios 10 Brief copy, answer for counsel, 4 sheets The like of exceptions Fee to Mr. therewith and clerk Attending him [^Date\ Attending court, exceptions argued and allowed Attending settling m"inutes of order [Or at the taxing master's discretion, not to exceed . . . . ' Attending passing order . . Further Answer. Insti'uctions for further answer . . . . 13 4 13 4 Drawing same, folios 15 . . . . . . 15 15 [Other charges, as in the case of a first answer.] Amended Bill, Perusing print of amended bill . . . . 13 4 13 4 [But if amendments exceed 40 folios, charge id. per folio on the higher scale only ; and if amended in writing, charge 6<. id, only on either scale, unless amendments exceed 20 folios, when the charge will be id, per folio on the higher scale only. When the bill is amended without a re- print, 13«. id. is allowed for amending each brief on the higher scale, and 6s. id. on the lower scale.] 3 4 3 4 13 4 13 4 3 4 3 4 3 5 6 3 5 6 6 8 6 8 1 13 4 13 4 13 4 6 8 3 3 1 1 0] 13 4 6 8 6 8 6 8 1 1 6 8 6 8 defendant's costs of suit Br BILL. 35 Revivor and Supplement. Higher Scale. Lower Scale. £ s. d. £ s. d. Perusing copy supplemental statement . . 13 4 6 8 [Or, perusing copy order to revive . . 13 4 6 8] Motion for Injunction and Receiver. Having been served with notice of motion for an injunction aiid receiver, instruc- tions for brief to counsel to oppose ..110 110 • [This fee is allowed gn a motion for an in- junction.] Instructions for affidavit in opposition Drav^ing same, folios 20 . . Engrossing . . [Preparing exhibits, \s. each on either scale.] Attending deponent to be sworn . . ..068 068 [If sworn in the country charge accord- ingly.] Paid filing and oath Paid for office copy Notice of filing Paid for copy affidavit in support of motion, folios 24 Perusing [at per folio'] . . .. . . [For all special affidavits filed by an opposing party.] Drawing observations, 2 sheets . . Two fair copies for counsel The like of notice . . Two fair copies answer for counsel [3s. 4:d. per sheet of \Qfolios\ Brief copies of affidavits for counsel, 3 sheets each .10 10 [If any oral testimony, charge according to charges for evidence for the hearing. See Plaintiff's Costs.] 4 4 6 8 6 8 2 6 2 6 8 8 4 4 13 4 13 4 2 2 Fee to Mr. , with brief and clerk . .466 4 6 6 Attending him d2 .068 6 8 £ s. d. £ s. d. 3 5 6 3 5 6 6 8 6 8 36 defendant's costs of suit by bill. Higher Scale. Lower Scale. Fee to Mr. , with brief and clerk . Attending him [The fee for attending counsel will be re- gulated on the higher scale, as shown ante, in the case of a Motion for an In- junction, p. 10.] [Date] Attending court, motion not made. [See PlaintifiF's Costs.] [Date] Attending court, motion made and order granted. [See Plaintiff's Costs.] Attending settling minutes of order . . 13 4 6 8 [Or at the taxing master's discretion, not to exceed . . . . ..330 110] Attending passing order .. .. ..0 13 4 068 [In case the registrar shall certify that a special allowance ought to be made in respect of any unusual difficulty in set- tling and passing an order, the taxing master is to consider the same, and make such allowance to all or any of the par- ties, as to him shall seem just.] Term fee and letters [as explained in Plain- tiff's Bill]. Easter Tebm. Motion for Decree or Decretal Order. Having been served with notice of motion for a decree [or decretal order], paid for copies of affidavits filed in support, viz.: — Affidavit of A. B., folios 12 Affidavit of C. D., folios 20 Perusing affidavits [at per folio] . , Instructions for brief [This fee is chargeable on service of notice of motion for decree, or on service of subpcena to hear judgment] Instructions for affidavit of defendant in opposition Drawing same, folios 30 . . 4 4 6 8 6 8 4 4 1 1 1 1 6 8 6 8 1 10 1 10 10 10 2 6 2 6 2 8 2 8 defendant's costs of suit by bill. 37 Higher Scale. Lower Scale. £ s. d. £ s. d. Engrossing 10 10 Preparing exhibit [Is. each on either scale] Attending him to be sworn . . ..068 068 Paid bath and filing Paid for office copy Notice of filing to plaintiff's' solicitor Paid for copy affidavit in reply, folios 8 . . Two brief copies of affidavits for counsel, 7 sheets each 268 268 [If any oral testimony, charge it accord- ing to the charges for evidence on the hearing.] * Two brief copies, answer for counsel, 4 sheets each, without schedules . . ..168 168 Drawing observations to accompany brief, 2 sheets 13 4 Two fair copies for counsel . . . . 13 4 [Charge delivering briefs to counsel, as shown in the case of a motion for an injunction, adding, if necessary, con- sultation fees and attendances.] Attending giving consent to cause being heard as short 068 068 [Daie] Attending court, not on .. . . 10 6 8 [Date] Attending court, cause heard ..110 13 4 [Or on the higher scale, according to cir- cumstances, not to exceed 21. 2s. per diem.] • Attending settling minutes of decree . . 13 4 6 8 [Or at the taxing master's discretion, not to exceed .. .. ..330 110] Attending passing .. .. .. ..0 13 4 068 [In case the registrar shall certify that a special allowance ought to he made in respect of any unusual difficulty in set- tling and passing an order, the taxing master is to consider the same, and make such allowance to all or any of the par- ties, as to him shall seem just. See note to Plaintiff's Costs, as to notices of settling and passing.] 38 defendant's costs of suit by bill. Higher Scale. Lower Scale. £ o. d. £ «. d. Replication filed. [If, instead of a motion for decree, repli- cation is filed, then as follows : — Replication being filed, instructions for brief 110 110 [This fee is allowed after replication and in the other cases mentioned, ante. The evidence on behalf of the defendant is similar to that for the plaintiff, and need not be here repeated.] \_Date'\ Attending summons served by the plaintifi^ to enlarge the time for closing evidence, when it was enlarged for four- teen days, the costs to be costs in the cause 6 8 6 8 Attending giving consent to cause being heard as short 068 068 Term fee and letters \as explained in Plain- tiff's Bill]. Trinity Term. Briefs for Searing. Instructions for brief .. .. ..110 110 [This fee is allowed on service of notice of motion for a decree, or on service of sub- pcena to hear judgment.] Paid for copy depositions of plaintiff, folios 50 . . The like of defendant, foliq 45 Paid for copy affidavit of L. M., intended to be read by plaintiff on hearing, folios 9 Perusing Two brief copies of depositions for counsel, 10 sheets each '3 68 368 The like of answer, 4 sheets each, without schedules . . 16 8 16 8 15 15 3 3 3 3 [If any brief copy has been previously charged for the purposes of a motion for an injunction, or otherwise, it must not be repeated here.] 16 8 16 8 The like of affidavit of KM., 1 sheet each 6 8 6 8 Amending brief bill, where no reprint, each copy 13 4 068 DEFENDANT 8 COSTS OF SUIT BY BILL. 39 Drawing observations to accompany briefs, 2 sheets . , . . . . . . . . Two fair copies for counsel Paid Mr. with brief and clerk Attending him Paid his consultation fee and clerk Attending to appoint consultation Paid Mr. , with brief and clerk Attending him Paid his consultation fee and clerk [The fee for attending^ounsel will be re- gulated on the higher scale, as shown ante, in the case of a Motion for an In- junction, page 10.] Attending to appoint consultation Attending consultation \_Date\ Attending court, cause in paper but not called on [Date] Attending court, cause heard and decree made [Or, on the higher scale only, according to circumstances, not to exceed 21. 2s. per diem.] Attending settling minutes [Or, at the taxing master's discretion, not to exceed Attending passing decree . . [In case the registrar shall certify that i special allowance ought to be made in respect of any unusual difficulty in settling and passing an order, the tax- ing master is to consider the same, and make such allowance to all or any of the parties as to Gim shall seem just. See note to Plaintiff's Costs as to notices of settling and passing.] Term fee and letters [as explained in Plain- tiff's Bill]. [Refresher fees will he charged if the hearing goes over to another term.] [igher Scale. Lower Scale. £ s. d. £ s. d. 13 4 13 4 5 10 5 10 6 8 6 8 2 9 6 2 9 6 6 8 6 8 3 5 6 3 5 6 6 8 6 8 1 3 6 1 3 6 6 8 6 8 13 4 13 4 10 6 8 1 1 13 4 13 4 6 8 3 3 13 4 110] 6 8 Accountant- General. Attending accountant-general to bespeak, 40 defendant's costs of suit by bill. Higher Scale. Lower Scale. £ s. d. £ ». d. and afterwards for direction to pay money into court, attending at the bank to pay in same, and again at accountant- general's to file receipt, and at report office for office copy . . . . . . 13 4 13 4 [Where the sum paid in shall amount to lOOi., the charge will be \l. U.—ll. Is. If it amounts to l,000i., then il. 2s., on the higher scale only. If to 5,0002., then HI. 3s. on the higher scale only.] Caveat. Drawing careat against signing or ini-oUing decree [or order] .. .. ..026 026 Entering same with clerk of records and writs 068 068 Paid 050 050 Attending to procure certificate of caveat [if required'] 068 068 [The like charges for a caveat against a claim to revive.] Michaelmas Term. [Date] Attending summons to proceed in prosecution of decree, when defendant -was directed to bring in account, and other directions were given . . ..068 068 [This is the charge, unless it he increased by the chief clerk, who will allow 13<. id., or 12. Is, when the attendance will jus- tify it; but, where from the length of the attendance, or from the difficulty of the case, the judge shall think \l. \s. an insufficient remuneration for the ser- vices performed, or where the prepara- " tion of the case to lay it before the judge shall have required skill and labour, for which no fee has been al- lowed, the judge may allow such fur- ther fee, not exceeding 12. is., or where the higher scale is applicable 22. 2^., as in his discretion he may think fit. The judge has also power to increase the fee to 102. 10« under Order of 2nd February, 1855.] Drawing and fair copy account to leave in chambers [at 8 claim in paper, bat not called on . . . . . . 10 6 8 [Date] The like this day 10 6 8 [Date] Attending court, claim heard, and order made .. .. .. ..110 13 4 [Or on the higher scale only, according to circumstances, not to exceed 21. 2«. per diem. If the cause is not fully heard during the same term, refresher fees are not pay- able to counsel, a claim coming on by nay of motion.] Attending settling minutes. . .. . . 13 4 6 8 [Or at the taxing master's discretion, not to exceed .. .. ..330 110] Attending passing order .. .. ..0 13 4 068 [in case the registrar shall certify that a special allowance ought to be made in respect of any unusual difficulty in set- tling and passing an order, the taxing master is to consider the same, .and make such allowance to all or any of the parties as to him shall seem just. . See note to Plaintiff's Costs as to notices of settling minutes and passing decree or order.] Term fee and letters \as eicplained in Suit by Bill]. [N.B. — The defendant's costs of proceedings in chambers, and of the hearing for further consideration, may, for the most part, be readily made out from those of the plaintiff.] ( 51 ) PLAINTIFFS COSTS OF SUIT BY SUMMONS. In Chancery. In the matter of the estate of K. L., late of , in the county of '-, deceased. A. B. against CD. The Bill of Costs of the Plaintiff to be taxed pursuant to order dated the day of , 1857. Hilary Term. Higher Scale. Lower Scale. £ n. d. £ o. d. [Date] Instructions to commence proceed- ings in chambers to obtain an order to administer the estate of K; L. deceased 13 4 13 4 Preparing original summons . . ..110 13 4 Certifying proceeding under lower scale of fees 5 Paid stamp on original .. .. ..050 050 The like on duplicate .. .. ..050 010 Attending at chambers to get same and duplicate examined and sealed . . ..068 068 Copy to leave at chambers . . ..020 020 Copy to serve 020 020 Paid stamp !. ..050 010 Attending at record and writ office to file duplicate and examine copy, and get same stamped .. .. .. ..068 068 [The charge is the same where there are several copies.] Service of copy on defendant . . ..026 026 e2 52 plaintiff's costs of suit by summons. Instructions for affidavit in support of sum mons . . . . • • Drawing same, folios 8 Engrossing . . Preparing exhibits [Is. each on either scale]. Attending deponent to be sworn . . Paid oath and filing Paid for office copy Notice of filing and intention to read same [Date] Attending summons when, there not having been seven clear days service, a new time was appointed Endorsing summons and copy, and attend- ing to get same sealed . . Copy for service . . . . . . • • Service thereof . . . . . . . . [Date] Attending adjourned summons, order made [This charge may he increased to 12. Is. on either scale by the judge or chief clerk. Where from the length of the at- tendance, or from the difficulty of the case, the judge may think the highest allowance an insufficient remuneration for the services performed, or where the preparation of the case to lay it before the judge shall have required skill and labour for which no fee has been allowed, the judge may allow such further fee not exceeding 12. Is., or where the higher scale is applicable, 22. 2s., as in his discretion he may think fit. There is also power to increase the fee to 102. 10s., under Order of 2nd Fe- bruary, 1855. When a new appointmenX or adjournment is granted by reason of an imperfect service, for which' the plaintiff is blame- able, he will not be allowAl the extra costs occasioned thereby.] Notice of settling minutes [2s. 6d. each] . . Attending settling . . Paid for order Notice of passing Higher Scale. Lower Scale. £ .. d. £ .. d. 6 8 6 8 8 8 2 8 2 8 6 8 6 8 2 8 2 6 6 8 6 8 6 8 6 8 6 8 6 8 2 2 2 6 2 6 13 4 6 8 1 10 2 6 2 6 plaintiff's costs of suit by summons. 53 Higher Scale. Lower Scale. £, s. d. £ s. d. Attending passing .. .. .. ..0 13 4 068 [As to any larger allowance, and also as to notices of settling minutes and pas- ' sing decree or order, see Plaintiff's Costs of Suit by Bill.] Drawing and fair copy of notice of order to be served on party interested in the estate 050 0.50 [This charge will vary according to the length of the notice.] Writing agent at Bristol therewith for service .. .. .. .. ..036 036 Paid bis charges and for affidavit of service Paid filing affidavit 026 026 Paid for office copy 15 15 Attending to enter memorandum of ser- vice Term fee and letters [as explained in Suit by Bill]. 6 8 6 8 [N.B. — The further costs are the same as in other cases.] .( 54 ) DEFENDANT'S COSTS OP SUIT BY SUMMONS. Hilary Term. Higher Scale. Lower Scale. £ s. d. £ s. d. [Date] Having been Served with summons for an order to administer estate of K. Li,, instructions to defend . . . . 13 4 6 8 Instructions for appearance . . ..068 068 [See note, p. 48.] Entering same 070 070 Instructions for affidavit in opposition ..068 068 Drawing same, folios 8 .. .. ..080 080 Engrossing .. .. .. .. ..028 028 Preparing exhibits [1«. each on either scale]. Attending deponent to be sworn . . ..068 068 Paid oath and filing 040 040 Paid for office copy 028 028 Notice to plaintiff's solicitor of filing and intention to read same .. .. ..026 026 IDate] Attending summons, when an order was made for an administration of the estate 068 068 [Or such larger fee as may be allowed by the judge or chief clerk. See note to similar item in Plaintiff's Costs.] Term fee and letters [as explained in Suit by Bill]. [N.B. — The further costs are the same as in other cases.] ( 55 } RECEIVER'S OR CONSIGNEE'S COSTS* (of appointment and passing his first account). In Chancery. Between A. and PlaintiflF, CD... . . . . . . Defendant. The Bill of Costs of E. F., the Receiver [or consignee] of [as the case may he\ in this cause, on being appointed and on passing his first account. Higher Scale. Lower Scale. Instructions for recognizance Drawing same, folios — [at \s. perjolio] Attending to settle . . Engrossing [at 6d. per folio] Paid parchment Paid stamp Instructions for affidavit of sureties Drawing same, folios — [at Is. per folio] Engrossing [at 4:d. per folio] Attending deponents to be sworn . . Paid two oaths and filing . . Paid for office copy Attending receiver and sureties on their entering into recognizance Paid taking same . . [This item may be multiplied according to circumstances if the parties live at a distance from each other and cannot attend at the same time.] [If in the country the charges may be : — Writing agent with recognizance and affidavit 6 d. 8 £ * The costs in the case of a consignee are similar. d. 8 6 8 6 8 6 8 6 8 6 8 6 8 5 6 5 6 6 8 6 8 3 6 3 6 56 reckivek's oii consignee's costs. Higher Scale. Lower Scale. £ ». d. £ s. d. Paid his charges for getting same taken and sworn ...... ] [Or as follows : — Attending to get recognizance taken and affidavit sworn .. .. ..0G8 068 (Or several attendances on the parties when necessary.) Paid oath and taking recognizance . . ] [In this case the oath and taking will not be charged as firstly shown above.] Attending to enrol recognizance . . ..068 068 Paid [If an order be drawn up appointing re- ceiver, charge — Notices of settling minutes of order appointing receiver [2j. Qd. each'] Attending settling . . *. Paid for order. . Notice of passing Attending passing . . . . . . [Or, if a certificate only, then as fol- lows : — Copy draft certificate [at 4d. per folio] Attending settling .. .. ..068 068 Engrossing [at 4d. per folio] Paid stamp Attending to bespeak and procure office copy thereof . . •.. ..068 068 Paid for same ...... ] Lettei's and messengers .. .. ..050 50 [The following seven items are to be charged in the costs of the first ac- count and omitted from subsequent accounts : — Copy order to leave in chambers, fo- lios [at M. per folio] Preparing summons to proceed thereon, and attending to get it sealed ..068 068 Paid 030 010 Copy to leave 020 020 5 5 13 4 6 8 1 10 2 6 2 6 13 4 6 8] receiver's or consignee's costs. 57 Higher Scale. Lower Scale. £ s. d. £ s. d. .. .. ..040 4 5 5 when account left 6 8 6 8] receiver's first Service thereof Attending summons was directed to be left Drawing and fair copy account, folios [At id, per folio, including fair copy, on the lower scale ; and on the higher scale at \s. per folio, and for a fair copy to leave, id. per folio.] Preparing summons to proceed thereon and attending to get it sealed Paid Copy to leave Two copies to serve Service thereof Attending summons, when account was vouched and passed . . . . . . [This allowance is regulated by the chief clerk according to circumstances, as in other summonses. See ante, p. 52.] Paid for two books Entering account therein \at 4d. pet' folio] Instructions tor afBdavit verifying account Drawing same, folios Engrossing . . Attending receiver to be sworn Paid oath and filing [If sent into the country, charge accord- ingly.] Paid for office copy Drawing bill of costs and copy, folios [at 8d per folio] . . Attending taxing . . Copy draft certificate of account passed [at 4d. per folio] Attending settling . . Engrossing . . Attending to get stamp affixed Paid 6 8 6 8 3 1 2 2 4 4 5 5 13 4 13 4 6 8 6 8 6 8 4 6 8 6 8 6 8 6 8 6 8 6 8 1 1 [And a further fee in respect of each 100/. received, of lOs. on either scale.] 58 receiver's or consignee's costs. Higher Scale. Lower Scale. £, >. d. e, I. d. Q 6 8 6 8 Attending to get certificate signed Attending to bespeak and procure office copy thereof 068 068 Paid for same Attending at. accountant-general's for di- rection to pay in balance, and at the bank to pay in same 13 4 13 4 [Where the sum paid in shall amount to lOO;., \l. ls.—\l. 1«. If it amounts to 1,0002., 22. 2s. If it amounts to 5,0002., 32. 3s. The last two charges apply only to the higher scale.] Pai4 for office copy accountant-general's certificate of payment ., Letters, &c .. .. .. ..050 050 [N.B. — The costs of vacating a recognizance, charged in a re- ceiver's last account, are now those of a summons at chambers for that purpose, instead of a petition as formerly.] ( 59 ) PLAINTIFFS COSTS (on appointment of receiver or consignee, and passing HIS FIRST account).* [Insert any charges incurred for necessary attendances, &c., to obtain instructions, to propose, and ascertain fitness of, the party proposed as receiver.J Higher Scale. Lower Scale. ^ s. d, £ s, d. Preparing summons for the appointment of E. F. as receiver of the rents and pro- fits of the real estate, and attending to get same sealed 068 068 Paid stamp *.. ..030 010 Copy to leave 020 020 Two copies to serve .. .. ..040 040 Service thereof 050 050 Instructions for affidavit of value and na- ture of the property ,. .. ..068 068 Drawing same, folios 12 12 12 Engrossing 040 040 Attending deponent to be sworn . . ..068 068 Paid oath and filing 040 040 Paid office copy 040 040 Instructions for affidavit of fitness of pro- posed receiver .. .. .. ..068 068 Drawing same, folios 4 .. .. ..040 040 Engrossing 014 014 Attending him to be sworn . . ..068 068 Paid oath and filing 040 040 Paid for office copy [It may be necessary to have two such afSdavits of fitness, particularly if the proposaj be contested, and there sliould also be an affidavit by the person pro- posed stating his willingness to act as receiver.] * The costs in the case of a consignee are similar. [iRj ler Scale. Lower Scale. & s. d. e, s. d. 6 8 6 8 4 4 1 4 14 6 8 6 8 4 4 1 4 1 4 60 plaintiff's costs of BECEIVER8HIP. Instractions for affidavit of willingness of proposed receiver to act Drawing same, folios 4 Engrossing . . Attending him to be sworn Paid oath and filing Paid for office copy Two notices to defendant's solicitors of filing affidavits and of intention to read same 050 050 Paid for copy affidavit in opposition to summons, folios 10 .. .. ..034 034 Perusing same [at Ad. per folio] . . ..034 034 Attending summons, when E. F. was ap- pointed on his giving security . . ..068 068 [Or according to allowance.] Paid for copy draft recognizance, folios — Attending to settle same .. .. ..068 068 [If an order be drawn up appointing re- ceiver — Attending settling minutes . . . . 13 4 6 8 Attending passing order . . . . 13 4 6 8] Paid for copy affidavit of sureties, folios — [If there be a certificate only, then — Copy draft certificate \at4d. per folio] Attending settling .. .. ..068 06 8] Letters and messengers .. .. ..050 050 [The following item is to be charged in the costs of the first account, and omitted from the subsequent accounts : — Attending summons when account was directed to be left 6 8 6 8] Paid for copy receiver's first account, folios Perusing same 068 068 [Or according to length.] Attending summons to proceed thereon . . 13 4 13 4 [Or such larger fee as the chief clerk may allow.] Paid for copy receiver's costs * . . PLAINTIFF S COSTS OF RECEIVERSHIP, 61 Higher Scale. Lower Scale. £ s. d. £ s. d. Attending taxing 068 068 Paid for copy defendant's costs . . Attending taxing .. .., .. ..068 068 Paid for copy draft certificate of account passed Attending settling same 068 068 Drawing bill of costs and copy, folios — [at %d. per folio] Attending taxing .. 068 068 Letters and messenglrs .. .. ..050 050 [N.B. — ^The costs of a defendant are similar to those of a plaintiff, except that a defendant takes copies of the costs of the receiver and the plaintiff.] ( 62 ) COSTS OF APPEAL. APPELLANT'S COSTS. Higher Scale. Lower Scale. £ s. d. & s. d. Instructions for petition of appeal . . 13 4 6 8 Drawing same and fair copy, folios [At Is. per folio on either scale.] Fee to counsel to settle and sign and clerk Attending him 068 068 Attending Mr. , (leading counsel,) with petition and certificate to sign ..068 068 His fee and clerk 246 246 Two fair copies petition to present [At id. per folio on either scale.] Attending to present 068 068 Paid Paid for order Two copies for service 020 020 Service thereof 050 050 Attending to pay deposit and to set down appeal 6 8 6 8 Two copies petition of appeal for counsel [at 3«. 4d. per sheet] The like of decree appealed from \at 3«. 4rf. per sheet] * A petition of appeal is not necessary when the order appealed from is made on a claim, special case, motion for decree, or other motion. In such cases a notice of motion to reverse or vary#ie order is served in the ordinary mode, and set down with the registrar. COSTS OF APPEAL. 63 Higher Scale. Lower Scale. £ s. d. £ s. d. Paid fee to Mr. with brief and clerk Attending him 068 068 [Or, if the fee amounts to 51. St., charge according to directions given, ante, p. 10.] Paid his consultation fee and clerk ..296 296 Attending bim 068 068 Fee to Mr. , with brief and clerk . . Attending him 068 068 [Or according to note supra.^ Paid his consultation fee and clerk ..136 136 Attending him . . ' . . . . .068 068 Copy decree for the Lords Justices [at id. per folio] . . Attending therewith .. .. ..068 068 Drawing and engrossing affidavit of service [at Is. perfolu)] Paid oath . . Paid filing . . Paid office copy . . . . ■ . . ■ . . [Date] Attending court, appeal in paper but not called on 10 6 8 [Date] Attending court, appeal heard .110 13 4 [Or according to circumstances, not to ex- ceed per diem 21. 2s., hut this on the higher scale only.] [Date] Attending registrar with brief and papers to bespeak minutes . . ..068 068 Notice of settling 026 026 [The settling of minutes and passing of order to be charged as on the orignal hearing.] Term fee and letters 15 15 64 COSTS OF APPEAL. RESPONDENT'S COSTS. Higher Scale. Lower Scale. £ ,. d. £ J. d. Having been served with order to set down appeal, paid for office copy peti- tion of appeal Two brief copies for counsel [at 3s. M.per sheet] . . The like, of decree [or order] appealed from .. .. ■• •• •• Drawing and engrossing affidavit of having been served 'with order to set down appeal, folios — [at Is. per folio] Paid oath . . Paid office copy . . . . ' ' . . [Then charge fees to counsel and attend- ing them, consultation (if any) and at- tending court, as shown in the Ap- pellant's Costs, these charges being in fact the same as on the original , hearing.] Term fee and letters 15 15 ( 65 ) COSTS OF A SPECIAL CASE. PLAINTIFF'S COSTS. Instructions for special case Drawing same and fair copy, folios 40 [at Is. per folio] Fee to counsel to settle and sign and clerk Attending him Attending defendant's solicitor therewith, to procure his counsel's signature [If a special guardian be necessary, he must be appointed by the court, and the following items will be chafed : — ] Instructions for affidavit of fitness of proposed guardian, and that he has no adverse interest . . Drawing same, folios — [at Is. per foliol Engrossing [at 4d. per folio] • Attending deponent to be sworn Paid oath Paid filing Paid for office copy . . Brief to counsel to move His fee and clerk Attending him Attending court Attending registrar with brief papers Paid for order Attending passing Two copies for service Service thereof Higher Scale. Lower Scale. £ i. d. £. ». i. 13 4 13 4 2^0 2 6 8 6 8 6 8 6 8 6 8 6 8 6 8 6 8 2 6 2 6 2 6 2 6 1 3 6 1 3 6 6 8 6 8 13 4 13 4 6 8 6 8 13 4 6 8 2 2 2 6 2 6 6 8 6 8 4 4 2 2 2 6 2 6 66 COSTS OF A SPECIAL CASE. Higher Scale. Lower Scale. £ s. d. £ s. d. Engrossing case [at 6d, per folio] Paid parchment Paid filing 100 100 Paid for office cb)5y Attending to procure certificate of case filed Paid [But if all parties are not sui Juris, then as follows : — Drawing notice of motion for leave to set down case .. .. ..050 020 [Or at Is. per folio on the higher scale.] Two copies lt)r service Service thereof . . . . . . Drawing aiid engrossing affidavit of service [at Is. per folio'] . . Paid oath Paid filing 026 026 Paid office copy » . [Charge also, if used, affidavit verifying allegations in case.] Copy notice of motion for counsel ..010 1 Brief copy affidavit for counsel [at 3s. Ad. per sheet] . . Paid his fee to move and clerk ..136 136 Attending him. 068 068 [Date] Attending court, motion not «nade 13 4 068 [Date] The like, motion made and order granted 13 4 13 4 [Or according to circumstances, not to ex- ceed 11. Is. on the higher scale only.] Attending registrar with brief and papers to draw up order . . ..068 068 Paid for order Notice of passing Attending passing Two copies for service Service thereof 2 6 2 6 13 4 6 8 2 2 5 5 0] COSTS OF A SPECIAL CASE. 67 Higher Scale. Lower Scale. e s. d. e s. d. Attending to set down case . . ..068 068 Circumstances having arisen which ren- dered it necessary to amend case, brief to counsel to move for leave . . ..086 026 Instructions for affidavit in support of motion 068 068 Drawing same \at Is. per folio] . . Engrossing [at Ad. perjblio} Attending deponent to be sworn . . ..068 6 B Paid oath . . . . . . . . . . Paid filing . . Paid office copy Brief copy for counsel [3s. id. per sheet] . . Attending him with brief . . Paid his fee and clerk Attending court, order made Attending registrar with brief and papers Paid for order Attending passing . . Two copies for service Service thereof Drawing amendments, folios — [at Is. per folio] Fee to counsel to settle and clerk Attending him Attending to amend case . . Paid fee thereon . . . . . . . . Two notices thereof Amending defendant's copies Subpoena to hear judgment . . . . Paid sealing Two copies and serviees . . Drawing and engrossfeg affidavit of service [at Is. per folio] . . Paid oath . . Paid filing . . Paid office copy Two brief copies special ease for counsel [at 3s. 4d. per sheet] f2 6 8 6 8 1 3 6 1 3 6 13 4 13 4 6 8 6 8 13 4 6 8 2 2 5 5 6 8 6 8 6 8 6 8 10 10 5 5 6 8 6 8 5 5 5 5 68 COSTS or a special case. Higher Scale. Lower Scale. £ s. d. e, .. d. The like, of will, partially set out therein [at 3s. 4. d. £ s. d. Instructions for petition , , . . ... I? 4 Q Q 8 Drawing same and fair copy, folios 30 [at Is. per/olio] 1 10 1 10 [When the larger scale is applicable, in lieu of the fixed fees for instructions for and for drawing, the taxing master is at liherty to take into consideration the special circumstances of each case, and at his discretion to make such allow- ances for work, labour and expenses properly performed and incurred in or about the preparation of the petition as shall appear to him to be just, having regard to the length of the document, the nature of the suit, the interests of the parties, and the fund or person from which, or by whom the costs ajre to be paid.] Fee to counsel to settle and clerk Attending him 068 068 Two copies to present [at 4d. per folio] . . Attending to present and for same answered Paid stamp . . . . . , Fair copy for service [at 4d. per folio] . . Service thereof on solicitor . . ..026 0^6 Brief copy for counsel [at 3s. 4d. per sheet] [Chai;ge affidavits and copies for counsel and delivering briefs and fees as .in other cases.] [Date] Attending court, petition in paper but not called on 10 068 The like, same heard and order made ..110 13 4 [Or on the higher scale only, according to circumstances, not exceeding 21. 2s. per diem. Charge order, settling and passing.] Term fee and letters [the same in a Matter as in a Cause]. 6 8 6 8 1 5 72 COSTS OF A SPECIAL PETITION. RESPONDENT'S COSTS. Higher Scale. Lower Scale. £ s. d. & t. d. Instructions to defend 13 4 068 [Charge affidavits in opposition (if any), briefs of petition and affidavits for counsel, fees and attending, as in other cases.] Term fee and letters [the same in a Matter as in a Cause]. COSTS OF A CREDITOR'S CLAIM. Higher Scale. Lower Scale. £ s. d. £ ,. d. [The creditor is allowed the following charges : Attending to enter claim under Order 36 of 16th October, 1852, and to file affidavit 6 8 6 8 Notice thereof 026 026 And also, such sura for the preparation and proof of his debt as the chief clerk may allow at the time of proving it. If the costs be special, and unusually large in amount, the creditor's solicitor should make them out and produce them to the chief clerk, when he will allow so much of them as he may think reasonable,] APPENDIX. ORDER OF COURT, Friday, the 30th day of Januaby, 1857. Whereas of late years various alterations have taken place in the practice and procedure of the Court of Chancery, wherehy certain of the fees heretofore al- lowed to the solicitors of the court have ceased, and others of such fees have become inapplicable to the duties which the solicitors have to perform ; and it is desirable that a new and revised list of fees should be made : Now, upon consideration thereof. The Right Honorable Robert Monsey, Lord Cranworth, Lord High Chancellor of Great Britain, with the advice and assistance of The Right Honorable Sir James Lewis Knight Bruce, and the Right Honorable Sir George James Turner, the Lords Justices of the Court of Appeal in Chancery, the Honorable the Vice-Chancellor Sir Richard Torin Kinders- LEY, the Honorable the Vice-Chancellor Sir John Stuart, and the Honor- able the Vice-Cbancellor Sir William Page Wood, doth order and direct as follows : — 1. The several Orders and parts of Orders following are discharged, so far as regards all costs incurred subsequent to the time when this Order comes into operation : The Order of the 26th day of February, 1807, except so much thereof as is mentioned in the Second Schedule hereto. The Sixth Schedule to the Order of the 26th October, 1842. The 121st Section of the Order of the 8th May, 1845. So much of the Thirty-third Section of the Order of the 22nd April, 1850, as relates to the fees to be charged by and allowed to solicitors. The Fourth Section of the Order of the 7th August, 1852, and the Schedule A. appended to such Order. The Fifth Section of the Order of the 23rd October, 1852. 74 ORDER OF COURT. . 2. Solicitors are to be entitled to charge and be allowed the fees set forth in the column headed Lower Scale in the First Schedule hereto, id the several cases following, unless the court shall make order to the contrary ; that is to say, 1st. In all suits by creditors, legatees, (whether specific, pecuniary, or residuary,) devisees (whether in trust or otherwise), heirs at law or next of kin, in which the personal or real, or personal and real estate for or against or in respect of which, or for an account or administration of which, the demand may be made, shall be under the amount or value of 1,0002. 2ndly. In all suits for the execution of trusts in which the trust estate or fund shall be under the amount or value of 1,000/. Srdly. In all suits for foreclosure or re4emption, or for enforcing any charge or lien, in which the mortgage whereon the suit is founded, or the charge or lien sought to be enforced, shall be under the amount or value of l.OOOi. 4thly. In all suits for specific performance, in which the purchase money or consideration shall be under the amount or value of 1,000/. , Sthly. In all proceedings under the Trustees Relief Acts, or under the Trustee Acts, or under any of such acts, in which the trust estate or fund to which the proceeding relates shall be under the amount or value of 1,000/. 6tlily. In all proceedings relating to the guardianship or maisitenanee of infants, in which the property of the infant shall be under the amount or value of 1,000/. 7thly. In all proceedings by special case^ and in all proceedings relating to funds carried to separate accounts, and in all proceedings under any railway or private Act of Parliament, or under any other statutory or summary jurisdiction, and generally in all other cases where the estate or fund to be dealt with Shall be under the amount or value of 1,000/. 3. In all other cases solicitors are to be entitled to charge and be allowed the fees set forth in the column headed Higher Scale in the First Schedule hereto, unless the court shall make order to the contrary as to all or any of the parties. 4. The fees of court, now collected by means of stamps, are to be reduced and varied as set forth in the Third Schedule hereto. The fees set forth in the column headed Lower Scale in the Third Schedule hereto, are to be paid in all cases in which the Lower Scale of fees is to be charged by and allowed to solicitors, under the provisions of the second section of this Order; and the fees of court set forth in the column headed Higher Scale in the Third Schedule hereto, are to be paid in all other eases. The solicitor or party instituting any proceeding in respect of which he claims to pay the fees of court according to the Lower Scale, is to file with m ORDER OF COURT. 75 the clerk of records and writs a certificate in the form hereunder set forth, of which certificate the clerk of records and writs is, at the request of any solicitor, or any party acting in person, in the suit or matter, to mark a copy. On production of such copy of the certificate, the officers of the court are to receive and file all proceedings in the suit or matter hearing stamps accord- ing to the Lower Scale. In any case certified for the Lower Scale of court fees in which it shall happen that the solicitor shall hecome entitled to charge and be allowed accord- ing to the Higher Scale of solicitors' fees, the deficiency in the fees of court is to be made good. In any case in which the fees of court have been paid upon the Higher Scale, and in which it shall happen that the solicitor shall become entitled to charge and be allowed only according to the Lower Scale of solicitors' fees, the excess of fees of court so paid may be allowed upon the taxation of costs, if the circumstances of the case shall, in the judgment of the taxing master, justify such allowance. This Order is to come into Operation on the 1st day of February, 1857. Form of Certificate for paying the Lower Scale of Court Fees, (Title of Cause or Matter.) I hereby certify, that to the best of my judgment and belief, the Lower Scale of fees of court is applicable to this case. Dated, &c. A. B. Solicitor for ■ — ■ — . THE FIRST SCHEDULE. Schedule of Fees and Charges to be allowed to Solicitors. Instructions. Lower Scale. Higher Scale. £ t. d. £ I. d. For claims, original summons in chambers, special cases, answers, examinations, demurrers, pleas, and exceptions 13 4 13 4 For bills 13 4 220 For amended or supplemental bill .. •• ..068 0134 For brief on moving for injunction .. .. ..0 13 4 110 For interrogatories for examination of parties or wit- nesses 068 13 4 For special petitions .. .. .. .. ..068 13 4 For special affidavits .. .. •• .. ..068 068 For brief in a suit by bill, on cause coming on for bear- ing, to be cbarged on service of notice of motion for a decree or on service of subpoena to hear judgment ..110 110 For brief on claim, to include all observations . . .. 10 10 For ditto to move for leave to file 2 6 10 To defend proceedings commenced by bill, claim, special case, petition, or original summons .. •• ..068 13 4 For instructions for order to revive or add parties ..068 13 4 As to bills and answers, examinations, (^davits, and petitions^ when the larger scale is appli- cable, in lieu of the fixed fees for instruc- tions for and for drawing, the taxing master is to be at liberty to talce into his considera- tion the special circumstances of each case, and at his discretion to make such allowances for work, labour, and expenses properly per- formed and incurred in or about the prepara- tion of the bill or answer, examination, affi- davit, or petition, as shall appear to him to be just, having regard to the length of the docu- ment, tlie nature of the suit, the interests of the parties, and the fund or person from which or by whom the costs are to be paid. The Preparation of Pleadings and other Documents. ( The Chancery folio to be 72 words and the sheet 10 folios.) For drawing bills, special cases, answers, pleas, de- murrers, ^exceptions, interrogatories, petitions, and affidavits, per folio 010 010 For engrossing on parchment, per folio .. .. ..006 006 For ditto on paper.. .. .. .. ,. ..004 004 THE FIKST SCHEDULE. 77 Lower Scale. Highei Scale. £ 1. d. £ t. d. For drawing statements and other documents for the Judge's or Master's chambers, when required, in- cluding the fair copy thereof to leave in chambers . . 8 For the like drawing when the larger scale is applicable 1 For fair copy thereof to be left in chambers . . . . 4 For drawing all advertisements to be signed by the Master or Judge's clerk, including the attendance thereon 068 13 4 For drawing request to the accountant-general to lay out cash 026 026 For ditto for every carrying over of cash or stock ..026 026 For drawing caveat against signing or inroUing any decree or order .. .. .. .. .. ..026 026 For drawing special notice of motion .. .. ..020 050 Orperfolio 10 For drawing a claim .. .. .. .. ..110 220 For ditto at the Master's discretion . . . . . . 3 3 For drawing such observations for counsel to accompany brief (except on claims) as may be necessary and proper, per sheet .. .. .. •. .. 068 For drawing the brief on further consideration, per sheet .. ..068 068 For preparing and filing replication •.. .. ..068 10 For drawing statement on which counsel to move for order to revive or add parties, and copy . . ..068 0100 Or, according to circumstances, at per sheet . . . . 6 8 For drawing petition to revive, at per folio . . ..010 010 For drawing and copying certificate to appoint guardians ad litem.. .. .. ..068 068 For amending each copy of a bill or claim to serve, where no reprint ■■ -. ■• •• ..068 13 4 For amending each brief bill, or claim, where no reprint 6 8 13 4 For preparing an original summons for the purpose of proceedings originating in chambers .. .. ..0 13 4 110 For endorsing an original summons and the copies under Order 6 of 16th October, 1852, and attending to get same sealed .. .. .. •■ •• ..068 068 For preparing every other summons, and attending to get same filled up and sealed at chambers . . . . .6 8 6 8 If special, not to exceed .. -. .. .• ■• 110 For drawing bills of costs, including the copy for the Master's office, per folio 008 008 For certifying proceeding under lower scale of court fees 5 The fee for drawing a document in all cases in- cludes a copy, if required, for the use qf the solicitor or client, or for the settlement of counsel. For Perusals. For perusing the print of a bill by the defendant's solicitor - •• •• ..110 11° Ifexceeding 60 folios, at per folio n,,A ni^I For perusing the print of an amended bill • • ..0134 " *„ * If amendments exceeding 40 folios, at per folio . . n « s For perusing an amended bill when amended in writing b 8 J.! ? ? Ifamendments exceeding 20 folios, at per folio .. n IS 4 For perusing an answer Ob» nnl If exceeding 40 folios, at per folio u u * Lowe £ . r Scale. .. d. 4 Higher Scale. £ ». d. 4 i . 4 4 . . 6 8 6 8 13 4 13 4 78 APPENDIX. For perusing an examination, at per folio r • For perusing all special affidavits filed by an opposing party, at per folio ■.. .. .. •» For perusing copy supplement^ statement, under 15 & 16 Vict. c. 86, s. 53 For perusing copy order to revive The fees for perusal are not to apply tehere the same solicitor is for both parties. Copies. Copies of all documents are to be at rtie rate of per folio 4 4 Or per sheet of 10 folios, at 3 4 3 4 Having regard to the preceding fees for perusal, the fee for " abbreviating" is to cease, and no close copies are now to be allowed ^s of course, but the allowance is to depend on the ptopriety of making the copy, which in each case is to be shown and considered. For examining and correcting a proof, at per folio ..002 002 For each copy of a judge's summons, to leave in cham- bers or to serve 20 020 For each copy of a notice of motion, order, or certificate to serve .. .. .. .. .. ., ..01 Or at per folio .. .. .. .7 .. .. Attendances. For attending on a Master's warrant .. .. ..0 6 Or according to circumstances, not to exceed per diem 2 2 For attending each jcounsel with his brief, case, or ab- stract, in a suit or other proceieding in this court . . 6 For the like where the fee amounts to 5 guineas Where it amounts to 20 guineas.. .. .. .. Where it amounts to 40 guineas or upwards For attending to present special petition and for same answered .. .. ,., .. .. ..068 068 For attending to present petition for order of course, and for ordfer . . , . . . 6 8 13 4 For attendance on counsel and court on motion of course, and for order ., .. .. .. ..068 13 4 For attending on the day in which a cause or petition stands on the paper for hearing .. .. ^.0 6 For attending when beard .. .. ,. .. 13 Or according to circumstances, not to exceed per diem For attending the court on every special motion, each day 6 The like when heard . . . . . . . . ..013 Or according to circumstances, not to exceed . . For attending on motion for or to discharge order for injunction, or ne exeat, when heard, per diem . . 13 Or according to circumstances, not to exceed . . For attending to get answer or special affidavit sworn . . 6 For attendance on the registrar for directions to the accountant-general to sell or transfer stock . . ..06 For attendance on the accountant-general thereon . . 6 For attending the accountant-general with request to lay out cash 6 8 6 8 The like to carry over cash or stock to another account i^ his books 068 06 8 1 4 8 6 8 2 2 8 6 8 13 4 1 1 2 2 8 10 4 1 1 2 2 8 13 4 4 13 4 1 1 4 1 1 2 2 8 6 8 8 6 8 8 6 8 13 4 2 2 3 3 13 4 1 1 6 6 6 8 6 8 6 8 THE FIRST SCHEDULE. 79 Lower Scale. Higher Scale. £ B. d. £ I. d. For attending accountant-general to identify a person receiving a check .. .. .. .. ..068 068 For attending the accountant-general with order to be- speak, and afterwards to procure his directions for payment of money into court, attending at the Bank of England to pay the money, and for attending on the accountant-general with the receipt, and at the Report Office to bespeak and procure the office copy 13 4 13 4 Where the sum paid in shall amount to 1002. .. ..110 110 And where the same shall amount to 1,0002. ■ . . . 2 2 And where the same shall amount to 5,0002. . . . . 3 3 For attending the Master on signing report . ■ ..068 068 For attending to file report and certificates at the Re- port Office, and for office copy .. .. ..068 068 For attending examiner to procure appointment to exa- mine witnesses .. .. .. .. .. ..068 068 For attending the examination of witnesses before exa- miner .. .. .. .. •• ■■ ..068 Or according to circumstances, not to exceed per diem 110 But if without counsel the fee may, at the Master's dis- cretion, be increased to ■ . ..220 For attending to settle, and afterwards to read over the engrossment of an answer or examioation . . ..068 If the same exceed 20 folios and under SO folios . . 13 4 And for each additional 30 folios . . . . ..068 For attending to insert an advertisement in Gazette . . 6 8 For entering caveat with the clerks of records and writs 6 8 For attending to procure certificate of a caveat . . 6 8 For attending registrar to certify abatement or settle- ment of suit and to have same so marked in the Cause Book :• ..068068 For attending the printer with a bill or claim to be printed .. .. .. -- •• ■- ..068 068 For attending to get copies of bill, claim or interroga- tories, marked for service .. .. •• ..068 068 For attending to take instructions to appear, and to enter the appearance of one or more defendants, not exceeding three .. .. •. •■ ..068 068 If exceeding three, for every additional number not ex- ceeding three 6 8 6 8 For attending at chambers to get original summons and duplicate examined and sealed 068 068 For attending at the Record and Writ Office to file du- plicate and examine copies, and get same stamped ..068 068 For attending on a summons or other appointment, each day, a fee of 6s. 8d., 13*. id., or 1/. Is-, according to circumstances ; each attendance to be allowed by the judge or his chief clerk. Where, from the length of the attendance, or from the difficulty of the case, the judge shall think the highest of the above fees an in- sufficient remuneration for the services performed, or where the preparation of the case to lay it before the judge shall have required skill and labour, for which no fee has been allowed, the judge may allow such „ a b further fee, not exceeding one guinea, or, where the 6 S b S higher scale is applicable, two guineas, as in his dis- '« , 'o n cretion he may think fit „ / 3 -J Power to increase to W guineas, under Order qf2nd February, 1854. 80 APPENDIX. Lover Scale. Higher Scale. £ I. d. £ >. d. For perusing the affidavits of claimants coming in under Order 36 of 16th October, 1852, and attending in chambers at the tim'fe appointed by the advertise- ment, where the number of claims do not exceed five 10 6 110 Where the number exceeds five, for every additional number, not exceeding five, an additional sum of .. 10 6 110 For attending for every order drawn up by the chief clerk, and at the registrar's office to get same entered 6 8 6 8 For attending to enter claim under Order 36 of 16th October, 1852, and to file affidavit 068 068 For the plaintiff or party having the conduct of the order, attending the registrar with brief and papers to bespeak minutes or order, not being an order of course 068 068 For ditto, for preparing list of evidence read (but only when required by the registrar, and certified by him) 6 8 6 8 Or according to length, at per folio . . . . . . 10 Attending to settle the draft or minutes of any decree or order 068 13 4 Or, at the taxing master's discretion, not to exceed 110 3 3 Attending to pass any decree or order not being an order of^course, including the entry thereof . . ..068 0134 N.B. — The registrar will leave the order far entry. In case the registrar shall certify that a special allowance ought to he made in respect of any unusual difficulty in settling and passing an ordert the taxing master is to consider the samCf and make such allowance to all or any of the parties as to him shall seem just. Tat attending to procure certificate of pleadings ..068 068 For attending to procure accountant-general's certifi- cate of fund in court .. .. .. .. ..068 068 For attending to obtain consent of next friend to sue in his name ..068 13 4 For attending to give consent to take answer without oath, to hear cause as short, and for other necessary or proper consents of a like nature . . . . ..068 For attending to procure such consents . . . . ..068 For procuring certificate of counsel to mark cause short, and attending registrar thereon . . . . ..068 For attendance to mark master or conveyancing counsel 6 8 For attendances in consultation or in conference with counsel 13 4 For attending to set down cause or appeal for bearing.. 6 8 For attending to leave papers with judge's secretary prior to hearing 068 068 For attending court on appointment of a guardian ad ^'i'™ ^. 13 4 13 4 For atiending to procure transcripts of accountant- general's books, when necessary .. .. ..068 068 The fees for consent are not to apply where tlte same solicitor is for both parties. Writs. For every writ of subpoena duces tecum.. .. ..068 068 For a writ or writs of subpoena other than subpoena duces tecum, if the number of names therein shall not e-^^eedS 6 8 6 8 6 8 6 8 6 8 6 8 13 4 6 8 THE FIRST SCHEDULE. Lower Scale. £ a. d. If exceeding 3 names, for every additionaJ number not exceeding three . . .. .., ., .. ..068 For preparing every other writ without order .. .'.068 For every writ under order, except special injunction . . 13. 4 For special injunction, including engrossment and docket ip Q, Or per folio .. .. .. .. .. ..014 For inroUiug a decree or order . . . . . . ..0100 Or per folio . . . . . . . . . . ..014 Notices and Services. For service of a notice of motion, exclusive of copy . . 2 6 For notice to a solicitor of appearance, answer, de- murrer, plea, amendment, and replication . . ..026 For notice of claim, under 36th Order of I6th October, 1852 .. .... ..026 For notice of evidence to be rtod in judge's chambers. . 2 6 For notice of filing affidavit or set of affidavits filed, or which ought properly to have been filed together, to be read in court. . .. .. .. .. ..026 For notice of appointment for settling and passing minutes, decrees, or orders before the registrar . . 2 6 For copy and service of a warrant on a solicitor ..026 For service of a judge's summons, exclusive of the copy 2 6 For service of a petition .. .. .. .. ..026 For service of an order, exclusive of the copy . . ..026 For other necessary or proper notice . . . . ..026 For services on a party or witness such reasonable charges and expenses as may be properly incurred, according to distance or by the employment of an agent. The fees for notices and services are not to apply where the same solicitor is for hotk parties^ unless it he necessary for the purpose of making affidavit of service. There is to be one notice only of settling minutes, and one notice of passing decree or order, which, if necessary, are to be continued by adjourn- ment, of which all parties are to take notice. Oaths and Exhibits. To the commissioner for oath in London, according to statute 016 In the country .. .. .. .. •• ..026 To the solicitor for preparing each exhibit in town and country . - . . ■ • • • . • . • ..010 The commissioner, for marking each exhibit . . ..010 Term Fee. For a terra fee in all causes, for every term in which a proceeding by the party shall take place .. .. 10 And for letters per term • .• ..050 In country agency causes the further fee for letters of. . And if it be shown to the satisfaction of the taxing master that the agency correspondence has been spe- cial and extensive, he is to be at liberty to make a special allowance in respect thereof. High* rScI ^e. iT V: \ eV .d 6 g- 13 4 1 1 4 1 1 4 2 6 2 6 2 6 2 6 2 6 2 6 2 6 2 6 2 6 82 APPENDIX. Lover Scale. Higher Scale. £ >. d. £ : d. In addition to the term fee the necessary expense of the postage, carriage, and transmission of documents is to be allowed. The like term fee and for letters in matters as in causes. Where no proceeding is taken which carries a term fee, a charge for letters may be allowed, if the circum- stances shall require it. For any work or labour properly performed and not herein provided for, such allowances are to be made as heretofore. THE SECOND SCHEDULE, Being tliat part of the Order of the 26iA day of February, 1807, which is not discharged or altered. For perusing abstract, every three brief sheets . . 6 8 For perusing the draft of every deed, for each skin ..050 For examining the engrossment with the draft, for every three skins . . . . . . . . . . ..0100 For making all attested copies, examining and attesting same, per folio .. .. .. .. .. ..006 THE THIRD SCHEDULE. Fees to be collected by means of Stamps. IN THE judge's CHAMBERS. For every original summons for the purpose of proceed- ings originating in chambers .. .. .. ..050 050 For every duplicate thereof .. .. .. ..010 050 For every other summons .. .. .. ..010 030 For every order drawn up by the chief clerk, made upoii applications for time to plead, answer, or demur, for leave to amend bills or claims, or for enlarging publi- cation, or the period for closing evidence . . ..010 050 For every other order drawn up by the chief clerk ..0100 100 For every advertisement .. ., .. .. ,. 100 For every certificate or report .. .. .. ..100 100 3 5 1 THE THIRD SCHEDULE. 83 Lower Scale. Higher Scale. £ s. d. £ B. d. For every certificate upon the passing of a receiver's or consignee's account, a further fee in respect of each lOOi. received of 10 10 For every oath, affirmation, declaration, or attestation upon honour 016 016 IN THE MASTER'S OFFICES. For every warrant or summons .. .. .. ..030 030 For every certificate or report .. .. .. ..100 100 For taking the acknowledgment of every married woman 16 8 16 8 For attending any court per day by the clerk . . . . 14 14 For every certificate upon the passing of a receiver or consignee's account, a further fee in respect of each lOOi. received of 10 10 IN TIHE registrar's OFFICE. For every decree or decretal order made by the court on a special case, or on the original hearing of a cause or claim, or on motion for a decree, and on further direc- tions, or further consideration not made on summons adjourned from chambers . . . . . . ..10 For every order on petition or motion of course . . 1 For every other order .. .. .-. .. . . 10 For every office copy of a decree or order, and for every office copy of a petition of appeal or rehearing made on the 3rd of the General Orders of the 25th of Oc- tober, 1852 10 10 Note. — The abme fees are to include the charge for entry. in the examiner's office. For every witness sworn and examined, including oath, for each hour . . . . . . . ■ . • ..05 For every witness sworn and examined away from the office (besides coach hire and reasonable expenses) . . 17 If more than five miles from the examiner's office, for the first day 2 IS For every other day .. .. .. .. ..22 Upon every application to inspect depositions, including the inspection . . . . . . . . . • ..03 Upon every application to search book for causes, in- cluding search .. .. .. .- ••_ •■ 01 Upon every application to search book for depositions, including search .. .- •• •• ..01 IN THE RECORD AND WRIT CLERKS' OFFICE. For making all office and other copies, per folio . . For filing every bill or information 10 For filing every claim . . . . • • • • ..05 For filing every speciaUcase . . . . • ■ ..10 Upon entering every appearance, if not more than three defendants .. .. •• •• •• " " ,1 If more than three and not exceeding six defendants . . 14 And the same proportion for every like number of de- fendants. „ . „ n A n For every certificate 4 4 G 2 5 1 7 2 2 15 2 8 1 1 4 1 1 5 4 7 14 84 APPENDIX. Lower Scale. Higher Scale. £ t. d. & '■ d. For marking every copy of a bill, claim, or summons to beserved .. 10 5 For every writ of summons, distringas, sUbpcenaj or attachment 05 050 For sealing e*ery other writ .. .. .■ ..100 100 For every oath, affirmation, declaration, or attestation • upon honour, except for the purpose of receipt of di- vidends from the accountant-general . • ..016 016 For examining every copy or part of a copy of a. set of interrogatories, and marking same as an office copy ..010 050 Upon every application for a search for a record, and for searching , .. ..020 020 Upon every application to inspect a record, and for in- specting the same .• .. .. .. ..050 050 Upon every application to inspect exhibits, if occupied not more than one hour .. .. .. ..050 050 If more than one hour, per diem . . . . ..0100 10 Upon every application for the officer's attendance in courts of law per diem, and for his attendance, besides reasonable expenses of the officer ..... .. 100 100 Upon every application for the officer's attendance in a court of equity, and for his attendance, per diem . . 10 10 Upon every application to swear an invalid, including the attendance, besides necessary expenses .. . .. 10 10 For examining and signing enrolments of decrees and orders 300 300 For filing caveat against claim to revive, or against de- cree or order or enrolment .. .. .. ..050 060 For filing supplemental statement or statement for revivor 050 10 For filing every affidavit, including schedules and ex- hibits 026 026 For every application to inspect an affidavit . . ..006 •006 For amending every record of a bill, claim, or special case ,. .. 10 6 10 In THE Taxing Master's Office. For every warrant or summons, but not more than one warrant or summons is to be issued on one bill, or set of bills, unless the taxing master shall think it neces- sary to issue a new warrant or summons On signing every report and certificate Upon the taxation of every bill of costs, as taxed, where the amount shall not exceed 202. Upon every additional 201. or fractional part thereof, a further fee of . . . . . . . . . . . . For every oath, affirmation, or attestation upon honour In the Lord Chancellor's Principal Secretary's Office. On all attendable petitions, appeals, rehearings, and letters missive .. .. .. .. .. ..050 100 On all non-attendable petitions .. .. .. ,.050 10 On a matter of course order, on a petition of right .. 10 10 On an order for a commission on a petition ofright . . 1 10 1 10 3 1 10 10 10 1 6 10 1 6 APPENDIX. 85 In the Office or the Secretary at the Rolls. Lower Scale. Higher Scale. £ 1. d. £ a. d. On every petition set down for hearing, to include the fee on hearing .. ., .. .. ..050 100 On the petition for every order of course . . ..010 050 On the admission of every solicitor . < . . . . 117 In the Office op the Accountant-General. For preparing power of attorney with affidavit, exclusive of stamp duty .. 3 3 Upon every application for a search .. .. ..050 050 For transcript of accounts, each opening consisting of debtor and creditor sides of the account . . ..020 020 Cranworth, C. J. L. Knight Bruce, L. J. G. J. Turner, L. J. Richd T. Kindersley, V. C. John Stdart, V. C. William Page Wood, V. C. INDEX TO FORMS. ABATEMENT OR SETTLEMENT OF SUIT, page 16, 43. ABSTRACT OF TITLE, 21. ACCOUNTANT-GENERAL, transcript of account, 24. investing cash, 24. certificate of fund, 18, 27,46. sale of stock, 29. affidavit of residue, 29. paying into court, 39, 40. carrying over, 29. receipt of check, 29. power of attorney, 30. searching books, 30. ACCOUNTS, 22. ADDING PARTIES, 17. ADMINISTRATION SUMMONS, 51, 54. instructions for and drawing, 3, 4. ADVERTISEMENT, 20. AFFIDAVITS, drawing and engrossing, 8, 9. perusing, 9, 12. and affirmations for receipt of dividends, 3. instructions for and drawing, 3. AMENDING BILL, 6, 34. copies for service, 7. copies for counsel, 12, 38. ANSWERS, instructions for, drawing and filing, 3, 32, 33, 34. APPEAL, 62—64. APPEARANCE, 31,.48, 54, 69. ATTENDING COURT, on motion, 10. on motion for decree, 13. on motion for injunction and receiver, 8, 35. on hearing of cause, 18, 39. on hearing of claim, 46, 50. on further directions and further consideration, 27. 88 INDEX TO FORMS. ATTENDING EXAMINER, 15, 44, 49. ATTENDING REGISTRAR, 8, 10, 13, 18, 28, 46, SO, 52. ATTESTATION UPON HONOR, for receipt of dividends, 3. ATTESTED COPY, 25. AUCTIONEER, 23. BILLS, printing and filing, 4. copies for service, 5. amending copies for counsel, 17. BRIEF, instructions for, 9, 14, 36, 38. on motion for injunction and receiver, 9, 35. on motion for decree, 12, 37. on motion for leave to file claim, 43. to attend examiner, 15. on hearing, 17, 38. on further consideration, 27. on hearing of claim, 45, 49. CARRIAGE OF PARCELS, 2. CARRYING OVER, 29. CAVEAT, 40. CERTIFICATE OR REPORT, 26. of costs, 29. ' of fund in court, 18, 27, 46. CERTIFYING PROCEEDINGS UNDER LOWER SCALE, 5, 42, 51. CHAMBERS, proceedings in. (See "Proceedings in Chambers.") CHANCERY FOLIO, 1. CHANCERY SHEET, 1. CLAIM, instructions for, drawing and filing, 42. service of, 43. setting down, 43. evidence on, 43, 48. defence of, 48. briefs on, 49. , of creditor, 21, 72. CONSENTS, 2, 6, 6, 12, 16, 38, 42. CONSIGNEE, his appointment and passing accounts, 55 — 61; CONVEYANCING COUNSEL, 21. COPIES OF DOCUMENTS, I. certificates, 2. notices of motion, 2. orders, 2. bills for service, 5. INDEX TO FORMS. 89 COSTS, taxation of, 28. drawing and leaving, 28, 29. certificate of, 29. CROSS-EXAMINATION, 15, 16, 44, 48, 49. DECLARATIONS FOR RECEIPT OF DIVIDENDS, 3.' DECREES, bespeaking minutes, setding minutes and passing, 2, 13, 18, 19, 37, 39. DEFENDANT'S COSTS OF SUIT by bill, 31. by claim, 48. by summons, 54. DEMURRER, 31. DRAWING DOCUMENTS, 1, 4. ENLARGING TIME FOR CLOSING EVIDENCE, 16, 38. ENROLLING DECREE OR ORDER, 19. EVIDENCE FOR THE HEARING, 14, 15, 16. on claim, 43, 44, 48, 49. list of, for Registrar, 10, 13, 18, 28, 46. EXAMINATIONS, instructions for and drawing, &c. 3, 41. before examiner, 15. perusing, 21. EXCEPTIONS FOR INSUFFICIENCY, 7, 8, 34. EXHIBITS, 9, 11. FEES, to counsel, 9, 10, 12, 15, 18, 27, 36, 39, 45, 46, 49. examiner, 16. . - FURTHER CONSIDERATION, setting down cause for, 27. briefs on, 27. hearing, 27- FURTHER DIRECTIONS, setting down cause for, 26. GUARDIAN AND MAINTENANCE, 25. GUARDIAN AD LITEM, 33. INJUNCTION, motion for, 8, 35. preparation, sealing and service of, 11. INSTRUCTIONS FOR BILL, 3, 4. amendments, 6. defence, 31. appearance, 31, 48, 54, 69. 90 INDEX TO FORMS. INSTRUCTIONS FOR Bil,h— continued. answer, 3, S2. examination, 3, 41. affidavit, 3, 8, 11, 22, 23, 25, 29, 35, 36, 41, 48. petition, 3. interrogatories, 5, 7. exceptions, 7. order to revive or add parties, 17. brief, 9, 14, 36, 38. demurrer, 31. . plea, 32. claim, 42. defence of claim, 48. summons to administer estate, 51. defence to administration summons, 54. INTERROGATORIES, for examination of defendants, 5. to amended bill, 7. INVESTMENT OF CASH, 24. JUDGE'S CHAMBERS. {See " Proceedings in Chambers.") LETTERS, 2, 6. LIST OF EVIDENCE, PREPARING FOR REGISTRAR, 10, IS. 18, 28, 46. MAINTENANCE OF INFANTS, 25. MASTER'S OFFICE, COSTS IN, 70. MINUTES of decrees or orders, 2. bespeaking, 8. settling, 2, 8, 10, 18, 19, 2^ 28, 36, 37, 39, 46, 50, 52. MOTION, for injunction and receiver, 8, 35. decree or decretal order, 11, 36. setting down, 12. NOTICES GENERALLY, 2. NOTICES OF MOTION, 2, 8, 11. NOTICE, of settling minutes and passing decrees or orders, 2. filing affidavits, 9, 11, 41, 46. reading afiidavits in chambers, 22, 25. order for service, 53. ORDERS, copies for service, 2. settling minutes and passing, 8, 10. ORDER TO REVIVE, 17, 35. PAPERS FOR JUDGE, 12, 18, 27, 46. PARTICULARS AND CONDITIONS OF SALE, 22, 23. INDEX TO FORMS. 91 PARTIES, adding, 17. PASSING DECREES OR ORDERS, 2, 8, 10, 18, 19, 26, 28, 36, 37, 39, 46, SO, 52. PERUSING documents, 1. bill, 31, 34. answers, 6, 7, 8. affidavits, 9, 12, 49. supplemental statement, 35. copy order to revive, 35, 49. PETITION, instructions for and drawing, 3. costs of a special, 71, 72. PLAINTIFF'S COSTS OF sCiT bj bill, 4. by claim, 42. by summons, 51. PLEA, 32. POSTAGES, 2. POWER OF ATTORNEY, 30. PREPARATION of bill, answer, examination, affidavit, or petition, 3. of documents. (See "Drawing Document!).) list of evidence for registrar, 10. PROCEEDINGS IN CHAMBERS, 19. copy order to leave, 19. summons to proceed, 19, 40. advertisement, 20. « creditors' claims, 21. examination, 21. sale of property, 21 — 25. abstracts of title, 21. conveyancing counsel, 21. particulars and conditions of sale, 22, 23. appointment of auctioneer, 23. reserved biddings, 23. payment of purchase money, 23. investment, 24. completing purchase, 24. taking accounts, 22. PURCHASE MONEY, payment of, 23. RECEIVER, motion for, 8, 35. costs on appointment and passing accounts of, 55 — 61. REPLICATION, preparing and filing, 14. REPORT OR CERTIFICATE, 26. 92 INDEX TO FORMS. RESERVED BIDDINGS, 23. REVIVOR AND SUPPLEMENT, 17, 35, 43, 49. RULES FOR DRAWING COSTS, 1. SALE OF PROPERTY, 21-25. SALE OF STOCK, 29. SERVICE OF COPIES OF BILL, 5. SETTING DOWN CAUSE, 16. for further directions, 26. motion for decree, 12, claim, 43. SETTLEMENT OF SUIT, 16, 43. SETTLING MINUTES AND PASSING DECREES OR ORDERS, 2, 8, 10, 18, 19, 26, 28, 36, 37, 39, 46, 50, 52. SHORT CAUSE, consent, 12. certificate of counsel, 12. SPECIAL CASE, costs of a, 65—69. SUBPOENA, to hear judgment, 14. duces tecum, 44. ad test. 14, 44. SUMMONS. {See " Proceedings in Chambers.") SUMMONS TO ADMINISTER ESTATE, 51, 54. SUPPLEMENT AND REVIVOR, 17, 35, 43. SUPPLEMENTAL STATEMENT, 17, 35. TAKING ACCOUNTS, 22. TAXATION, of costs, 28. certificate of, 29. TERM FEE, 2, 6. TIME TO ANSWER, summons for, 5, 32. TRANSCRIPT OF ACCOUNT, 24. WITNESSES, service of suhpoenas on, and examination o£ (See " Evidence for the Hearing.") WORK OR LABOUR NOT SPECIFICALLY PROVIDED FOR, 3. LONDON : PRINTED BY C. ROWORTH AND SONS, BELL YARD, TEMPLE EAR.